City Council Meetings

Page 1 CITY COUNCIL PROCEEDINGS JUNE 1, 2021 MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, June 1, 2021 Tuesday, 09:00 AM The City Council met in regular session with Brandon Whipple, Brandon Johnson, Jeff Blubaugh, Becky Tuttle, Bryan Frye, Jared Cerullo, and Cindy Claycomb. Staff Members Present: Bob Layton, City Manager, Jennifer Magana, City Attorney, and Karen Sublett, City Clerk. Mayor Whipple called the meeting to order at 9:00 a.m. Approve the minutes of regular meeting of May 25, 2021 MOTION: Mayor Whipple moved to approve the minutes of regular meeting of May 25, 2021. Motion carried 7 to 0. Proclamation - Pride Month Mayor Whipple read aloud the proclamation. Mayor Whipple read aloud the proclamation for Pride Month. I) PUBLIC AGENDA 1.) Khyah Van Es - Wichita Sustainability Plan. Khyah Van Es stated Wichita needs to have a diverse sustainability board. Stated humanity needs to see the liberation of oppressed people before we see the end of our planet. Stated according to the American Council of Energy and Economy, the City we live in ranks 99 out of 100 cities in clean energy. Stated five out of 100 points total, zero out of 10 points concerning the local government operations which is not only embarrassing but lethal. Stated we need to take action right now, no issue is more important than the climate catastrophe that our nation has brought upon the world through extraction and exploitation. Stated climate change is linked to racial oppression and the exploitation of natural resources through colonialism and slavery. Stated we as a people must address this and address that this land was stolen from Native Americans and repurposed using black bodies to accumulate capital. Stated these resources continue to only be accessible to those with money and privilege, non-white communities are systemically forced to live in areas that are polluted and ecologically outdated. Stated we need to look at how we can redistribute resources to our low income communities, which can only be done by asking people who are directly affected by climate crisis what their needs, ideas and solutions are and then meeting their demands since you as the City Council represent the people of Wichita. Stated a convenient and diverse sustainability board would be a great start to helping our people organize ideas and making local change in our low income communities. Stated your lack of urgency to take action against the climate crisis is dangerous,  Page 2 CITY COUNCIL PROCEEDINGS JUNE 1, 2021 our lives literally depend on it. Stated there are people in the City who are willing to do the work that needs to be done, we are not starting from scratch, there has been years of research put out that we are behind on, yet this Council is not ready to meet our demands to accomplish becoming a green city, people only continue to suffer at the hands of the different government. 2.) Phailin Rasynouvong - Wichita Sustainability Plan. (CANCELLED 5/28/2021) 3.) Jade Chavez - Wichita Sustainability Plan. (CANCELLED 5/28/2021) 4.) Andrew Crane - When is transportation and Amtrak coming to Wichita. Andrew Crane stated there is going to be an event in downtown Wichita, which is a movement to get public access to blind individuals with guide dogs and we are going to be walking downtown to each one of the businesses to introduce ourselves and sharing information on what the Act, state law and government law says on blind individuals with guide dogs. Stated this is a movement and moving forward to get a lot of the businesses and owners to comply with the law and hopefully the City Council and City Manager will be behind him. 5.) Shirley Star - Unhappy with the way the City is spending money. Shirley Star stated you guys don't listen to the people. Stated she was one of the people who took petitions out to save Century II and doesn't think you guys really understand how much we want Century II to stay. Stated she remembers what Wichita used to look like, it was beautiful, the streets were clean and it was real neat. Stated coming here from McLean, she has never see so much dirt on the curbs and when walking though the parking lot to come into City Hall, she saw a lot of trash and dirt. Stated like the Coliseum, you don't listen to anything and that is why there is nobody here. Stated we didn't want the Intrust Bank Arena, yet you guys still built it and she can think of a million things that Century II could be used for that people love. Stated we loved Joyland and the reason we have so much crime in this town is because the kids don't have nowhere to go. Stated the amusement park out west that was being built; people bought a bunch of tickets in advance which should have told all of you guys something and how much we wanted that amusement park and everyone was looking forward to having a decent place to take their kids. Stated Joyland is the same way. Stated these kids don't have anywhere to go. Stated you took the bricks out of Douglas and thinks the red bricks were beautiful and we keep taking things away that means a lot to Wichita and you guys are destroying our town. Stated you guys seem to support the casinos and that is where a lot of people have lost their tails. Stated you guys support casinos and not amusement parks. II) CONSENT AGENDA ITEMS 1 THROUGH 13 MOTION: Mayor Whipple moved to approve consent agenda items 1 through 13 in accordance with the recommended actions shown thereon. Motion carried 7 to 0. COUNCIL BUSINESS III) BOARD OF BIDS AND CONTRACTS - NONE DUE TO HOLIDAY  Page 3 CITY COUNCIL PROCEEDINGS JUNE 1, 2021 IV) PETITIONS FOR PUBLIC IMPROVEMENTS 1.) Petitions for Public Improvements Attachment: Petitions for Public Improvements 6-1-21.pdf Attachment: PFPI 6-1-21.docx Attachment: Resolution 21-208 025957.docx Attachment: Resolution 21-209 025958.docx Attachment: Resolution 21-210 025959.docx Attachment: Resolution 21-211 025962.docx Attachment: Resolution 21-212 025963.docx Attachment: Resolution 21-213 085447.docx Attachment: Resolution 21-214 085646.docx Attachment: Resolution 21-215 085647.docx Gary Janzen Engineering Department, presented the item. MOTION: Mayor Whipple moved to approve the revised petitions and budgets, adopt the amending resolutions, and authorize the necessary signatures. Motion carried 7 to 0. V) UNFINISHED COUNCIL BUSINESS - NONE VI) NEW COUNCIL BUSINESS 1.) PUBLIC HEARING AND RESOLUTION OF INTENT TO ISSUE INDUSTRIAL REVENUE BONDS, PLASTIC SURGERY CENTER. (DISTRICT II) Attachment: Agenda Report No. VI-1.docx Attachment: 2021 IRB Wichita (c-2) Request for Authorization to Issue Bonds - rev 2021 05 27 80%.pdf Attachment: Resolution No. 21-198 Tim Goodpasture Office of Economic Development, presented the item. Council Member Frye asked how long the abatement is and if it is renewable. Tim Goodpasture Office of Economic Development stated in the state of Kansas the property tax  Page 4 CITY COUNCIL PROCEEDINGS JUNE 1, 2021 abatement can run for a period of 10 years, we issue them from the City on what we call a five plus five year period. Stated we will issue it for five years and at the end of the five years we will go back and certify that they have created the jobs and paid wages that they had projected they are going to create and come back to the City Council for approval or denial or some sort of a modification based on how they performed after that first five years. Council Member Frye asked if we track the 30% of the patients. Tim Goodpasture Office of Economic Development stated when we come back after the five year mark we will verify again that they are still receiving over 50% of their patients from outside the county. Council Member Frye asked what happens if they don't meet all of the obligations. Tim Goodpasture Office of Economic Development stated it will be up to the City Council to make a determination. Stated if they are still in business, we typically do not claw back that firs five year property tax abatement; you can modify what the second five years is. Stated if they create for example 75% of the jobs that they were supposed to create, the City Council could take the abatement from 80% down to 75% or whatever that ratio would be. Stated the City Council could deny a second five year abatement or do some sort of a modification as they see fit at the time. Council Member Frye stated he thought it was important to share that there are claw back opportunities if they don't meet their obligations. Council Member Blubaugh stated he knows we have done IRBs with hospitals and asked if this is something new, to do a surgical center like this and asked if we have done these in the past. Tim Goodpasture Office of Economic Development stated we do support the medical industry, which is a targeted industry in the regional growth plan and it is something that is identified in the Economic Development guidelines as a target industry and is not uncommon for us to do health care. Stated when we look at these specialty type things like the Plastic Surgery Center, it is very easy to understand that they are going to generate the majority of their revenue from people that are outside of the county. Stated as long as they can meet that threshold, we will typically support them with IRBs. Council Member Blubaugh stated he is trying to better understand our IRB process and we got an email over the weekend asking us about an MRO facility, it was going to be denied an IRB and is asking why this one would be accepted and asked what the parameters are and why one would be acceptable and one wouldn't. Tim Goodpasture Office of Economic Development stated he is not sure about the MRO, lately we have talked to a number of people about MROs some of which who have said that they did not want to apply for an IRB with a property tax abatement and sales tax exemption on construction materials. Stated he is not sure which one you are hearing about and why it was denied. Stated typically with a MRO, if the majority of the business is going to be from outside the county, it would be something that we would consider. Scot Rigby Assistant City Manager stated the question you may be referring to is we do IRBs for projects that have an in-tenant, we do not have a spec hangar program. Stated we do have one for office and for industrial space, we do not currently have one for hangar development. Stated it is something we have discussed in the past but currently don't have one and in our discussion with who he thinks the client you  Page 5 CITY COUNCIL PROCEEDINGS JUNE 1, 2021 are referring to, we are happy to do an IRB, if he can show us he has an agreement for an existing end user account tenant. Stated he doesn't have that currently and as soon as he does, we would love to process an application or as we continue discussion for a spec hangar project, he could come forward and say he wants to do a spec hangar project at that time. Council Member Blubaugh stated if a lease came in arears then they could come back and apply for one. Scot Rigby Assistant City Manager stated generally the idea would be the same, which is a certain percent of that space would have to be consumed or leased out at year five. Stated we don't have a spec hangar program date for supporting that. Council Member Blubaugh stated the hangars are in a different bucket than the spec program we put together. Scot Rigby Assistant City Manager yes it is a different type of development. Mayor Whipple asked the ratio utilized for these are applied to all applicants. Tim Goodpasture Office of Economic Development stated yes. Mayor Whipple stated we have had some attention on this particular project and last year we did a review and revised our incentive programs for businesses so that they also focus on growing global businesses and small businesses and less focus on number of jobs but also focuses on quality of jobs and asked if this is one of the results of that more recent change. Tim Goodpasture Office of Economic Development stated absolutely, we tried to simplify how companies can qualify and make the percentage abatement better for smaller projects than it was in the past. Stated the guidelines that were updated last year made is simpler and more beneficial for smaller projects. Mayor Whipple asked if anyone from the audience wished to be heard, no one came forward. Council Member Tuttle thanked staff for all their hard work and thanked the Plastic Surgery Center for investing in our community. MOTION: Council Member Tuttle moved to close the public hearing, adopt the Resolution and authorize the necessary signatures. Motion carried 7 to 0. 2.) SIXTH AMENDMENT OF DEVELOPMENT AGREEMENT – K-96 GREENWICH STAR BOND PROJECT. (DISTRICT II) Attachment: Agenda Report No. VI-2.docx Attachment: Resolution 21-199.docx Attachment: Sixth Amendment of Development Agreement.docx  Page 6 CITY COUNCIL PROCEEDINGS JUNE 1, 2021 (Mayor Whipple momentarily left the bench; Vice Mayor Johnson in the chair) Scot Rigby Assistant City Manager presented the item. Mayor Whipple stated there was some concern about STAR Bonds and the idea that if STAR Bonds are not successful the City is on the hook for them. Stated his understanding is that it has to not only pass the City's performance matrix but also approved by the state and asked staff to explain more. Scot Rigby Assistant City Manager stated a district has to be generated and created and that is ultimately approved by the state whether they accept the creation of the STAR Bond district and the key to that is if there is a single or multiple amenities that in their estimate would drive out of region or out of state net new tourism generation. Stated back in 2013, the idea was to bring forward a project called Sports Forum, which was the idea to bring in new sports within the community bring both local, regional and national; those net new visitors bring in new sales tax to the area and that state sales tax in particular, the City and state collects that and returns that back to the development to be used to help pay for the development that took place. Stated they have to meet the metrics as what they were generated for and as you bring forward additional projects like in 2016 when we first started the project for Stryker for the developer's application for DRIV, it goes through an additional independent third party analysis for each of the projects. Stated the state has to give their verification that they believe the finding analysis is accurate and sustainable and the determination comes back to the City Council to make and move forward with the development agreement. Mayor Whipple asked if the third party analysis showed that this would be projected to be successful. Scot Rigby Assistant City Manager stated yes. Council Member Blubaugh asked how much land we are talking about with this. Scot Rigby Assistant City Manager stated 22 acres. Council Member Blubaugh asked if it is selling for a half a million dollars an acre. Scot Rigby Assistant City Manager stated I will trust your math. Council Member Blubaugh asked if we typically use the STAR Bonds for land acquisition. Scot Rigby Assistant City Manager stated it is a state approved tool to utilize and was used for the Sports Forum. Council Member Blubaugh stated doesn't know what the value of land over there is but sounds like an expensive amount and asked if there are any parameters in this STAR Bond to make sure that that incentive isn't utilized to overpay for property. Scot Rigby Assistant City Manager stated he will ask our bond counsel for guidance on that. Bob Layton City Manager stated he thinks it is about $182,000 an acre. Stated the purchase price is $4 million dollars.  Page 7 CITY COUNCIL PROCEEDINGS JUNE 1, 2021 Council Member Blubaugh stated on the first sheet he sees, it is $9.2 million. Stated they are utilizing $4.2 million and asked if there is a mistake. Joe Norton City's Bond Counsel stated he thinks what Council Member Blubaugh is looking at is the Phase A project, which is the project regarding Stryker. Bob Layton City Manager stated yes, that was the value of our land. Joe Norton City's Bond Counsel stated if you turn that sixth amendment page over to the Phase B project that is the one that focuses on the golf traction and related development. Council Member Blubaugh asked if the incentive is paying the total land acquisition. Joe Norton City’s Bond Counsel stated that is correct. Stated the first question for him was, does the state statute on STAR Bonds give direction on to the Secretary as to how they value land and the answer is no. Stated the Secretary has great discretion in the STAR Bond act to evaluate and approve projects for eligible costs. Stated they have a listing of what eligible costs are and land acquisitions is one of those. Council Member Blubaugh asked if there will be a check and balance. Joe Norton City's Bond Counsel stated yes. Stated some of the confusion here is been the inter- relationship between the 2013 project and the 2017 project. Stated the 2013 project was done for about $71 million dollars in STAR Bonds to fund not only the land acquisition that was talked about in Phase A and prior to that in 2013, the land primarily north of K-96 east of Greenwich where the Sports Forum is now, was all acquired with proceeds STAR Bonds. Stated infrastructure for all of that, some of the construction for the Sports Forum, a lot of money went into the improvements to Greenwich and the interchange at K-96 and Greenwich along with other City funds and other types of residential deals. Stated in 2017 when the district was expanded, the Phase A project, which is primarily Stryker, and the Phase B project, the golf attraction was done; the original 2013 bonds were outstanding at about $34 million dollars and because that was a speculative project up front, they bared interest at seven and three quarters percent. Stated it is part of that 2017 transaction, a substantial amount of the bond proceeds went to refinance the 2013 bonds and those 2013 bonds were advance refunded and were not yet callable so that money went into escrow to pay off those bonds in September of last year. Stated there is a big refunding component as well as a new money component. Council Member Blubaugh stated a CID typically needs to be in a blighted area; is there any kind of requirements on that on a STAR Bond or can it be a great piece of property and you're still utilizing it. Joe Norton City's Bond Counsel stated there are a variety of ways to qualify for STAR Bonds. Stated the one here with respect to Stryker was a major multi-sport athletic facility. Stated the Sports Forum and Stryker both qualified for that and then realized that typically those types of attraction while they do generate some sales tax, primarily attract people in who go to other venues within the district and pay for services and then the sales tax pays for it. Stated typically a STAR Bond project has an attraction component and a retail component and it's generating the revenue to repay the STAR Bonds. Council Member Blubaugh stated he noticed that some of this is going to be utilized for apartments and asked if we have every utilized STAR Bond money for improvements around apartments and retail before.  Page 8 CITY COUNCIL PROCEEDINGS JUNE 1, 2021 Joe Norton City's Bond Counsel stated STAR Bonds primarily can only be used for vertical construction on these sport complexes, race tracks and on things that you have seen. Stated STAR Bonds can be used for land acquisition and infrastructure improvements. Stated none of the proceeds of the 2017 STAR Bonds are going to be used to build the Topgolf facility or the commercial development adjacent to it, only for site development and infrastructure. Bob Layton City Manager stated we did have money that went into riverfront improvements that were STAR Bond funds of about $4.7 million that was in support of apartment development. Joe Norton City's Bond Counsel stated staff asked if the Mayor would indulge him to address the question that was previously asked about if the City has any obligation to repay the STAR Bonds if the project is not successful and the answer is no. Stated those bonds were sold to investors secured solely and only from a revenue stream primarily consisting of sales tax collected within the district. Stated the City has no obligation either legally or morally to come up with any money to repay these K-96 STAR Bonds. Vice Mayor Johnson asked how has the K-96 and Greenwich STAR Bond been performing. Stated it sounds like we were able to pay those bonds off last year. Joe Norton City's Bond Counsel stated he doesn't have any detailed statistics with me but knows that based on what he has been told, it performed very well and obviously during the pandemic, the retails sales were down somewhat but is still functioning and generating more revenue than the debt service requirements on the bonds. Vice Mayor Johnson stated he had a few people reach out about the amount of incentives. Stated the $102 million and sounds like $4.2 million of that was already approved for the land acquisition so that is not what we are looking at today. Joe Norton City’s Bond Counsel stated correct, what we are looking at today is with the sixth amendment to the development agreement is the City's standpoint approving this concept with Topgolf approving the adjustment to move one million of Phase B project money back into the Stryker Complex and requesting that the Secretary of Commerce approve the transaction. Vice Mayor Johnson asked if these incentives are on par with other projects within the STAR Bond district. Joe Norton City’s Bond Counsel stated the districts are very different so it is hard for him to analyze that. Stated the river district stadium concept was that the City had more involvement in developing that project. Stated the K-96 project, the City was very interested in an interchange component but the rest of that project was a private development that was brought to the City that would generate some revenue to help assist paying for the K-96 interchange. Vice Mayor Johnson asked how long does a STAR Bond district last. Joe Norton City’s Bond Counsel stated up to 20 years but one of the requirements that the Secretary of Commerce has had for ever since the statute has been in existence for different kinds of administrations, is they require that the debt service payments on STAR Bonds contain what we call a super-sinker provision. Stated there is typically a scheduled amount of debt service and if there are extra revenues above and beyond that, the bond trustee and state are required to apply those revenues to reduce debt as it  Page 9 CITY COUNCIL PROCEEDINGS JUNE 1, 2021 goes along. Stated most of the STAR Bonds that have been issued in the past, have been paid off before the 20-year term. (Council Member Cerullo momentarily left the bench) Vice Mayor Johnson stated when it is paid off then regular taxing districts happen and that money then goes back to the different jurisdictions. Joe Norton City's Bond Counsel stated if a STAR Bond district is terminated and all the bonds are paid off it goes back to normal distribution of sale taxes. Mark Elder Office of Economic Development stated just to answer a little more clearly on the question of how districts are performing versus the debt, we do get reports from the state office on revenue collection and when you compare that to our projection; projected revenues back in 2017, we have exceeded every year and last year 2020's revenue projections versus actuals were two million dollars over what was projected. Stated at this time these do look like they will pay off early. Council Member Tuttle stated she has had some questions of what is the benefit for the community and asked staff to speak more on that. Scot Rigby Assistant City Manager stated it is significant jobs, not just part-time but full-time job opportunities at this facility. Stated it is not part of a TIF so the property taxes generated on a property would continue to flow into City, county, state profits. Stated $26 million dollar capital investment would be bring significant property tax revenues to the area. Stated to have a third trifecta of sports amenities in that area further drives what we see up in northeast Wichita for both in and outside of the district as well as job opportunities for other industries that look at amenities. Council Member Tuttle state she knows it has been said but there is no risk to the City. Scot Rigby Assistant City Manager stated correct. Council Member Tuttle stated there is nothing transactional between Topgolf and the City of Wichita in this. Scot Rigby Assistant City Manager stated correct. Council Member Tuttle asked what happens if we don't proceed with this; what happens to that area. Scot Rigby Assistant City Manager stated it goes back on the developer to find either another golf amenity because that is what is approved by state, if they can’t, they could come forward with an alternative tourism generated activity. Stated that would then go back to the process and would have to do another independent analysis for this new amenity and the state would have to rule if that is an eligible project. Council Member Claycomb stated the City didn't pursue this development, the developer brought Topgolf to us to fulfill this golf amenity clause in the agreement. Scot Rigby Assistant City Manager stated correct.  Page 10 CITY COUNCIL PROCEEDINGS JUNE 1, 2021 Mayor Whipple asked if anyone from the audience wished to speak. 1) Luke Wagle 2344 Sagebrush Court stated he is a political science major at WSU and has talked to a lot of people about politics and stuff and generally when he talks to people, the reaction is always the same. Stated they are always really confused and they are upset with the City's blatant misuse of funds. Stated it is insane that we are spending all this money on a Topgolf and a Plastic Surgery Center and a Cabela's and a Target and all this stuff on K-96 when there are a lot of places in the City that really do need money. Stated there are a lot of places that could be developed and could promote economic growth that benefits the City. Stated he doesn't see how a Topgolf is going to be a benefit to the City or economic growth when it is at the far end of town and thinks it is crazy that it is all going very north Wichita, edge of town and not places that need help in the City. Mayor Whipple asked staff to confirm that City money is not going into Topgolf and STAR Bond money cannot be redirected. Scot Rigby Assistant City Manager stated any STAR Bond funds have to stay within a STAR Bond district, the state allocates those dollars germane to the district so it is not the City's ability to redirect those elsewhere outside the district. Stated no money is directly going to Topgolf. Vice Mayor Johnson asked staff for a brief summary of what an IRB is and what City money goes into it and what does not go into it. Scot Rigby Assistant City Manager stated they provide a unique financial ability for businesses to take advantage to drive for property tax abatement as well as in some cases a construction sales tax abatement to be considered a savings for them to get up and running. Stated generally the City requires many different things for them to qualify. Stated they have to do a cost benefit analysis which is done by Wichita State University that shows that they will create at least a one to one return for the City and if that goes into effect, the state law is a 10-year abatement and we modify that to do a five and five analysis to see if they are meeting their performances and if they are, then we agree to move on to the next five years. Stated if they don't, we can either pull that back or pull that down to whatever that new level of the reduced employment is. Vice Mayor Johnson stated when someone sees $2.4 million dollars in an IRB, we are not giving $2.4 million. Scot Rigby Assistant City Manager stated absolutely not, there are no City dollars in that transaction. Vice Mayor Johnson said he doesn't fully disagree with the previous speaker and thinks we need to clarify those incentives and it would be nice if the state would make tools that would help with inner-city core areas so they could benefit like the STAR Bond district does in the two areas that we have it. 2) Todd Waldo, Topgolf Executive stated we are extremely excited to join our development partners O'Reilly Hospitality Management and Colby Capital to deliver and transform development to the City anchored by Topgolf, which will serve as a regional destination. Stated the proposed 22 acre overall project located near the intersection of Greenwich Road and 29th Street will create a vibrant mixed use development for residents and visitors alike and provide a world-class entertainment venue to compliment and support the Wichita community. Stated the project will strengthen the Topgolf tax base and create jobs on a property designated as a regional entertainment and tourism district. Stated an estimated creation of 280 jobs and upwards of one million dollars in annual tax revenues are anticipated  Page 11 CITY COUNCIL PROCEEDINGS JUNE 1, 2021 as part of the overall development. Stated the proposed Topgolf venue would be the first of its kind of any venue format and some highlights of this proposed venue include it being a very family-friendly and community focused venue, a two-story building with 52 hitting bays, a full service restaurant with a bar, a top trade service technology game play, mini golf, and an outdoor patio area. Stated Topgolf is a good corporate citizen and an engaged community partner, community engagement and service is at its core of our business both at the corporate level and each venue as well. Stated some examples of Topgolf connecting with the community include our Youth Play it Forward initiative, which provides high school golf teams and charities supporting youth mentorship, leadership and empowerment free game play at Topgolf during the week days. Stated we have a Heroes discount which offers military, police, fire and EMS personnel a discount on all monthly memberships and discounts on game play and discounts for health care workers and school teachers. Stated we have spirit nights for our local schools, teams and charities to host fund raising nights and Topgolf will make a donation to that event. Stated we encourage local communities support with each venue provided with an annual budget to support non-profit organizations and their local communities. Stated volunteering is stressed at the venue as well, we organize volunteer activities for our associates in every community that we serve and we also have national partnerships with Make A Wish, Medal of Honor and Bunkers of Baghdad. Stated based on these community programs we feel that the entire City will benefit from this new venue. Stated we still have a long way to go and have a finalized design of the venue, we have secured regulatory approvals but are hopeful of your support today and are excited about bringing Topgolf to Wichita. Council Member Cerullo stated he saw that Topgolf’ s 2019 annual revenue was $1.05 billion dollars and asked how much of that is net profit. Todd Waldo, Topgolf stated he doesn't have that exact figure with him today. Stated Topgolf is a global company, we have venues all across the world, 70 venues total, 64 of those being within the United States and six being international. Vice Mayor Johnson asked what the appeal was about locating over at the K-96 area. Todd Waldo, Topgolf stated we have been looking at Wichita for a number of years and what attracted us to Wichita was that it is a desirable community and a favorable economy, has a talented educated workforce and this particular location is just the preferred location in the City. Stated it is approximate to a lot of recreational, retail and entertainment hubs, approximate to the Sports Forum, Stryker Complex and the connectivity with the K-96 corridor; it is the ideal location for Topgolf and we feel we will be a very valuable amenity within that district. Vice Mayor Johnson stated you are looking more at the fact that, that site brings around a million visitors a year, which gives you an opportunity to have folks come across the street and use Topgolf. Todd Waldo, Topgolf stated yes it already serves as a regional destination and that is what our venue strives for and is a great location for us. Council Member Tuttle stated from your projections from this project or other models of Topgolf across the nation and around the world, do you have any anticipation of how many folks will be coming from outside of Sedgwick County to the region. Stated when we are looking at a project like this, we are looking at the amenity but what is also very attractive to the City and the community is when those folks come to use Topgolf and hoping that they are from far away and staying in a hotel and eating at our restaurants and enjoying our retail and all the things that benefits the City. Stated she has had some questions from the community saying that most of the people will be from Wichita utilizing it and asked  Page 12 CITY COUNCIL PROCEEDINGS JUNE 1, 2021 Mr. Waldo if he can address that. Todd Waldo, Topgolf stated we have estimated that approximately 200,000 visitors per year will come to this venue which is drawing from two to three hours away as a regional destination. Stated we are estimating that this venue will have $8 to 10 million dollars in direct fiscal impact over 10 years, 25 to 100 million dollars local economic impact over 10 years, so it will help stimulate the economy and create some economic development growth opportunities. Mayor Whipple stated in addition to the third party economic analysis that is at the state and local levels; Topgolf has also done an economic analysis. Todd Waldo, Topgolf stated correct, we are making a big investment in the City of Wichita in upwards of $18 million dollars and STAR Bonds help make this a reality and we feel this is going to be successful and fit a much needed entertainment venue for the area. 3) Mark Abbott stated he is with Polson Allen P.C., counsel for the developers Wichita Destination Development, WDD Golf. Stated they are the master developer of the K-96 STAR Bond project and we have been working with City staff and City Bond Counsel for almost 10 years on the K-96 project. Stated this golf project was approved in 2017. The two main concepts that are being included in the sixth amendment to the development agreement are one million dollars of money that was allocated to the golf project. Stated the master developer negotiated an agreement with City staff to shift those funds over to the Stryker Sports Complex and the master developer on their own agreed to take one million dollars of STAR Bond proceeds that had already been allocated to us, to the City project to allow that facility to be improved and then to come up with specific development deadlines is to when this project was going to actually be constructed, when the entitlements were going to be applied for, when they were going to break ground and open complete construction and business. Stated the two main concepts that are being approved as part of the sixth amendment to the development agreement are giving a million dollars to the City and specific construction deadlines. Vice Mayor Johnson stated you mentioned a shift of one million dollars over to the Stryker Complex; what was the thinking with that and what was that for. Mark Abbott stated the master developer wanted to assist the City just in discussions and negotiations, we learned that the locker rooms and other improvements that could be used by the Stryker Complex to make it more marketable to when there was a division one requirement or something like that. Stated the original DRIV developer back in 2016, that was mentioned in the third design agreement amendment; now that we are working with O'Reilly Hospitality, Colby Capital and Topgolf, we were comfortable that the remaining seven million dollars that was allocated to our project, to the golf project, that we would still be able to make that project come to fruition on six million dollars and to give the City a million dollars that would benefit it. Mayor Whipple stated his understanding is by expanding Stryker's ability to have new locker rooms and bathrooms that hopefully Stryker can go after not just youth based sports and activities but also adult tournaments as well. Bob Layton City Manager stated that is correct. Stated the feedback that we received is to be competitive for NCAA tournaments, we need to improve locker facilities and that is what the million dollars would go towards.  Page 13 CITY COUNCIL PROCEEDINGS JUNE 1, 2021 Mayor Whipple stated to bring in other opportunities for economic impact. Council Member Tuttle stated it is for the locker rooms but also for more netting. Scot Rigby Assistant City Manager stated correct. Council Member Frye stated to be clear, this is STAR revenue that's being captured to pay for these improvements. Stated if we didn't have this revenue, it would have to come from CIP or other dollars and something else would have to be sacrificed. Bob Layton City Manager stated yes. Vice Mayor Johnson asked what our actual agreement with the management of Stryker property is. Scot Rigby Assistant City Manager stated we have a facility manager who also operates the Sports Forum who manage the day to day activities. Stated they make annual lease payments for us, which is roughly equivalent to the repayment of if we need to replace the fields. Stated they keep the profits on their day to day activities. Stated the sales tax generated from the STAR Bonds continues to flow to the state, county and the City. Vice Mayor Johnson stated they are not responsible for any of those upgrades. Scot Rigby Assistant City Manager stated these are capital upgrades, they are responsible for day to day operation and maintenance of the facility. Bob Layton City Manager stated to clarify, the funds they pay us annually are to pay for the capital replacement of the fields. Stated that is how we establish the rental. Vice Mayor Johnson stated this is above and beyond replacement and maintenance of the fields. Scot Rigby Assistant City Manager stated correct. MOTION: Council Member Tuttle moved to adopt the resolution authorizing the execution of the sixth amendment to the development agreement and authorize the necessary signatures. Motion carried 4 to 3 (Nays: Johnson, Blubaugh, and Cerullo). 3.) ADOPTION OF FRANCHISE ORDINANCE FOR COX WIRELESS ACCESS, LLC. Attachment: Agenda Report No. VI-3.docx Attachment: Cox Franchise Ord.pdf Attachment: Ordinance 51-565 Jennifer Magana City Attorney, presented the item. (Mayor Whipple momentarily left the bench; Vice Mayor Johnson in the chair)  Page 14 CITY COUNCIL PROCEEDINGS JUNE 1, 2021 Council Member Claycomb stated if she understands staff's presentation, the locations do come back to City Council for approval. Jennifer Magana City Attorney stated they come back to City staff. Council Member Claycomb stated we don't ever see the locations here. Jennifer Magana City Attorney stated that is correct. Council Member Claycomb stated there is no real opportunity for input from neighborhoods. Jennifer Magana City Attorney stated that is correct, the City's Engineer office worked with providers on locations to make sure the rights-of-way are safe and protects visual and looks aesthetically pleasing as possible. Council Member Claycomb asked if we place limits on the size. Jennifer Magana City Attorney stated there are size and height restrictions under this agreement and believes there is a three cubic feet limit for the actual box on the left but then a total of 28 cubic feet of related materials is the limit. Stated there is also a 40-foot height requirement with some possible variance. Council Member Frye asked if we have a revenue projection in total for this 10 years. Bob Layton City Manager stated he doesn't know if we do. Council Member Frye stated we don't have any kind of estimates on how many units are going to be put up; other than the $5,000 application fee. Bob Layton City Manager stated he doesn't believe they submitted a master plan to us and will yield to staff on that. Council Member Frye stated he is trying to get an idea of how many of these we are going to be seeing throughout the City. Gary Janzen Engineering Department stated we have not seen a plan yet, one of the challenges we faced over the last seven or eight years is that there is a pretty significant lag. Stated Cox was waiting to finalize their agreement that was put into place two years ago and we haven't heard anything from them since. Stated we don't have a plan. Stated Cox was able to impact legislation that exempted strand amount facilities from any fees except for administrative fees. Stated every indication we have from Cox is that they are going to utilize strand amount facilities everywhere that they can and from an aesthetic standpoint, that is good for us because there is no additional poles. Stated if that is all they do, we won't get any fees. Bob Layton City Manager stated to answer Council Member Claycomb’s question; the largest this equipment can be is two feet by three feet. Gary Janzen Engineering Department stated correct and that is FCC regulations that do cap the size and the height on facilities.  Page 15 CITY COUNCIL PROCEEDINGS JUNE 1, 2021 Vice Mayor Johnson stated considering recent history, is there opportunity to have presentations at DABs to show what these look like, where they will go and have the ability to give DABs and the community at large an opportunity to weigh in and give some feedback. Jennifer Magana City Attorney stated if we do receive applications, in the signing process that would be available information that could be shared with DABs. Stated she thinks we would have to wait for the provider to come forward with some actual sighting requests and at this time we don't have those but sees no reason why it couldn't be presented. Gary Janzen Engineering Department stated historically we have 130 small cell facilities deployed across the City right now and with different providers. Stated some of them have kind of taken off and stalled but the ones who have deployed the most, we ask them to first and foremost, if it is a single location they have to contact the adjacent property directly. Stated if it is multiple locations in one area we ask them to speak to the HOA or Homeowner's Association. Stated we have that ability to ask them to do that and most providers have been willing to do that. Vice Mayor Johnson stated we have talked since we have a new state law public transmission lines; is there the ability to work that in and have a process so that it is not if they want to or not, it is just if you are doing this, this is the process you have to go through to get public input so people can see it and be a part of it. Gary Janzen Engineering Department stated as far as he knows we can and that is the way we started. Stated because it has really slowed down, we haven't had a lot of these installations happen lately but from what he knows and what we have dealt with state legislation, there is nothing in there that precludes us from doing that and doesn't see any reason not to. Council Member Claycomb stated she knows there are state law that prohibits things that we cannot do; can we exempt areas for small cell facilities. Gary Janzen Engineering Department stated as far as we know there is nothing in state law that allows us to do that. Stated all public right-of-way is fair game. Stated we do a lot of things first and foremost to encourage co-location and the majority of providers have been willing to work with us on that. Stated there is an additional fee for new poles because of the impact it has on our environment. Stated they are trying to provide more densification for 4G to get more facilities and more ways they can communicate with the macro-towers to eventually lend itself to implementation of 5G. Stated so far they have been real specific on locations and coverage and doesn't think we have the ability to exempt any public right-of- way areas. Jennifer Magana City Attorney stated in 2018 the FCC explicitly issued an order requiring local entities to allow small cells for the development of 5G and to her knowledge there is no criteria to exclude certain areas. Mayor Whipple asked if anyone from the audience wished to speak, no one came forward. MOTION: Mayor Whipple moved to approve the franchise ordinance, place the franchise ordinance on first reading and authorize the necessary signatures. Motion carried 7 to 0.  Page 16 CITY COUNCIL PROCEEDINGS JUNE 1, 2021 4.) 2021 AUTOMATED BUILDING CONTROLS. Attachment: Agenda Report No. VI-4.docx Attachment: Resolution 21-200.doc (Council Member Blubaugh momentarily left the bench) Chris Sewell Public Works & Utilities presented the item. Mayor Whipple asked if anyone from the audience wished to speak, no one came forward. MOTION: Mayor Whipple moved to approve the project, adopt the bonding resolution, and authorize the necessary signatures. Motion carried 6 to 0, (Absent: Blubaugh). 5.) 2021 CENTURY II REPAIRS. Attachment: Agenda Report No. VI-5.docx Attachment: Resolution 21-201.doc Chris Sewell Public Works & Utilities presented the item. Mayor Whipple asked if anyone from the audience wished to speak, no one came forward. MOTION: Mayor Whipple moved to approve the project, adopt the bonding resolution, and authorize the necessary signatures. Motion carried 7 to 0. 6.) 2021 CITY AMERICANS WITH DISABILITIES ACT (ADA) IMPROVEMENTS. Attachment: Agenda Report No. VI-6.doc Attachment: Resolution 21-202.doc Chris Sewell Public Works & Utilities presented the item. Mayor Whipple asked if anyone from the audience wished to speak, no one came forward. MOTION: Mayor Whipple moved to approve the project, adopt the bonding resolution, and authorize the necessary signatures. Motion carried 7 to 0.  Page 17 CITY COUNCIL PROCEEDINGS JUNE 1, 2021 7.) 2021 CITY FACILITY IMPROVEMENTS – PARKS & RECREATION, LIBRARY AND NEIGHBORHOOD RESOURCE CENTER FACILITIES. Attachment: Agenda Report No. VI-7.docx Attachment: Resolution 21-203.doc Chris Sewell Public Works & Utilities presented the item. Vice Mayor Johnson stated we received a report in 2019 that showed all of those aging facilities and gave us an update; will we be receiving another report like that. Stated he was very useful knowing where our assets are as far as useful life. Chris Sewell Public Works & Utilities stated he can produce one. Vice Mayor Johnson stated a regular update would be good. Stated it shows where our assets are and the work we have been doing and shows that progress being made. Mayor Whipple asked if anyone from the audience wished to speak, no one came forward. MOTION: Mayor Whipple moved to approve the project, adopt the bonding resolution, and authorize the necessary signatures. Motion carried 7 to 0. 8.) 2021 PARKING GARAGE AND SURFACE LOT IMPROVEMENTS. Attachment: Agenda Report No. VI-8.doc Attachment: Resolution 21-204.doc Chris Sewell Public Works & Utilities presented the item. Mayor Whipple asked if anyone from the audience wished to speak, no one came forward. MOTION: Mayor Whipple moved to approve the project, adopt the bonding resolution, and authorize the necessary signatures. Motion carried 7 to 0. 9.) KANSAS DEPARTMENT OF TRANSPORTATION (KDOT) SUPPLEMENTAL AGREEMENT NO. 2 AND CHANGE ORDER LIMIT ADJUSTMENT FOR IMPROVEMENTS TO PAWNEE AVENUE FROM WEBB ROAD TO GREENWICH ROAD. (DISTRICT II) Attachment: Agenda Report No. VI-9.doc Attachment: Supplemental Agreement No. 1.pdf  Page 18 CITY COUNCIL PROCEEDINGS JUNE 1, 2021 Attachment: Resolution 21-205.docx Attachment: Resolution 21-206.docx Attachment: Resolution 21-207.docx Gary Janzen Engineering Department, presented the item. Mayor Whipple asked if anyone from the audience wished to speak, no one came forward. MOTION: Council Member Tuttle moved to approve the budget, KDOT Supplemental Agreement No. 2, change order limit adjustment, adopt the resolutions and authorize the necessary signatures. Motion carried 7 to 0. 10.) AMENDMENTS TO SECTIONS 10.04.138 AND 10.04.270 OF THE CODE OF THE CITY OF WICHITA RELATED TO SIDEWALK CAFÉ AND OPEN AIR ICT PERMITS. Attachment: Agenda Report No. VI-10.docx Attachment: Delineated Ordinance Attachment: Ordinance 51-566.docx Gary Janzen Engineering Department, presented the item. (Vice Mayor Johnson momentarily left the bench) Council Member Tuttle stated she and Council Member Frye had the opportunity to do Council chat on Friday and motioned this and gave praise to the Economic Development team, Public Works and Planning Department because it all came together really quickly. Stated it says there is a five-year sunset and asked and is curious if it is a program that is working and is a benefit to the community, why are we putting a sunset on it. Stated it would be great to see an annual update to see how many applicants there are and if we can do anything to continue to expand or modify the program. Gary Janzen Engineering Department stated at this time the thought was to see how it would go through another period and it is hard for him to imagine at the end of five years that staff would do anything other than recommend that we keep going especially over that period of time and business come to expect to not have to pay the annual fee. Council Member Frye stated he would like to see it extended indefinitely and doesn't understand why we would want to just cap it at five years. Stated cost recovery is key and understood why we took away the fees the first year during the pandemic but going forward, we still have cost recovery that we have to maintain and $20,000 a year is not a lot. Stated we do a few of those every other month and pretty soon we are adding up to looking at some significant losses and asked if we ever seen any additional trash pickup or additional maintenance stops that Public Works had to do as it relates to some of these projects. Gary Janzen Engineering Department stated last time we looked at that before Open Air was even put into place; we were not aware that there were any major issues. Stated one of the things we had done in the past when seeing some specific problems, we would reach out to that property owner and we would have  Page 19 CITY COUNCIL PROCEEDINGS JUNE 1, 2021 the ability if needed to consider revoking their permit and also not using the right-of-way. Stated we have had good luck over the years with this program and people that realize the benefit that they are getting especially now with no fees, it seems like they are more willing to take care of that space that they are being able to use. Stated so far we haven't seen a big problem, we do have liability insurance in place that wouldn't necessarily apply to that but from a public safety it gives a little bit of leverage as we need. Vice Mayor Johnson stated great work on this and knows it was a big deal last year and a lot of businesses appreciated it and has heard from more who want us to extend it from today. Gary Janzen Engineering Department stated depending on your action today, we should look at reaching out to the media again to make sure everybody knows of the action that was taken today. Stated we have talked to several groups including the Delano Business Association who would like for us to come out and speak to them more specifically and wants to make sure that the word gets out that this is still there and will continue. Council Member Claycomb stated she has had businesses that reached out to her and said that they are grateful for this and thanked staff for cooperation with the Old Town Association board, which is much appreciated and they have been seeking more cooperation over the years in terms of events. Gary Janzen Engineering Department stated we have multiple requests sitting on hold who are waiting on staff to give them an answer on whether this will be extended because they don't want to put something in place if they know they are going to start having to pay fees in August. Mayor Whipple asked if anyone from the audience wished to speak, no one came forward. Mayor Whipple thanked the Small Business Advisory Council and also the small businesses that during COVID reached out and anticipated in helping local government make different accommodations to keep our service sector going through that difficult time. Stated this is a good example of some of the best type of public policy in which it generated from the public and business owners and not only will it grow into five years of it being on the books but hopefully free for those five years so that people can utilize that money to invest in outdoor equipment. Stated one of the items of feedback that he received is that businesses wanted to take advantage of this but they weren't sure if they should make the investment knowing it could go away in a year or they have to pay fees on it. Stated one of the good things about this policy is when it attracts other opportunities and we are seeing this year $75,000 coming into our City to help hire local artists to create these porch concepts where people you get the Open ICT permit can also work with local artists to create an outdoor environment, either a porch or some other type of arrangement that will have an artistic point of view to them to help create that outdoor atmosphere that is safe and that Wichita could have been doing but hadn't been and that is something cool. Stated he is proud of staff's work on this and of the community coming out and giving input that drove this piece of legislation into the creation of other opportunities. MOTION: Mayor Whipple moved to place the ordinance on first reading and authorize the necessary signatures. Motion carried 7 to 0.  Page 20 CITY COUNCIL PROCEEDINGS JUNE 1, 2021 11.) QUARTERLY FINANCIAL REPORT FOR THE QUARTER ENDED MARCH 31, 2021. Attachment: Agenda Report No. VI-11 Attachment: Q1 2021 Financial Report.pdf (Council Member Frye momentarily left the bench) Mark Manning Finance Department, presented the item. Mayor Whipple asked if anyone from the audience wished to speak, no one came forward. MOTION: Mayor Whipple moved to receive and file the Quarterly Financial Report for the quarter ended March 31, 2021. Motion carried 7 to 0. 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. (None) Mayor Whipple reminded those who are watching that we will be back for a budget workshop at 1:30 p.m.  Page 21 CITY COUNCIL PROCEEDINGS JUNE 1, 2021 ADJOURNMENT MOTION: Mayor Whipple moved to adjourn. Motion carried 7 to 0. The meeting was adjourned at 11:17 a.m. Respectfully submitted, Karen Sublett, MMC City Clerk  Page 22 CITY COUNCIL PROCEEDINGS JUNE 1, 2021 ATTACHMENT 1 - CONSENT AGENDA ITEMS 1 THROUGH 13 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 June 1, 2021.docx 2) Preliminary Estimates: a.) List of Preliminary Estimates. Attachment: PEs for CC 06-01-21.pdf 3) Agreements/Contracts: a.) Agreement to Respread Assessments: NewSpring Commercial Addition. (District II) Attachment: Agenda Report No. II-3a.doc Attachment: Respread Agreement.pdf Attachment: Ordinance 51-569 Attachment: Ordinance Summary 51-569 4) Design Services Agreements: a.) Design Services Agreement for NRD Addition Phase 1. (District II) Attachment: Agenda Report No. II-4a.docx Attachment: Agreement.pdf b.) Supplemental Design Agreement No. 1 for Improvements to Auburn Lakes Addition Phase 3. (District IV) Attachment: Agenda Report No. II-4b.docx Attachment: SA #1.pdf 5) Minutes of Advisory Boards/Commissions: Wichita Animal Services Advisory Board, March 17, 2021 Wichita Transit Advisory Board, April 21, 2021 Attachment: Wichita Animal Services Advisory Board, March 17, 2021.pdf  Page 23 CITY COUNCIL PROCEEDINGS JUNE 1, 2021 Attachment: Wichita Transit Advisory Board, April 21, 2021.pdf UNCATEGORIZED ITEMS: 6.) Community Events –Final Friday. (District VI) Attachment: Agenda Report No. II-6.docx 7.) Amending Ordinance for Firefly Way Addition Sewer Special Assessment Project. (District II) Attachment: Agenda Report No. II-7.doc Attachment: Ordinance 51-570 8.) First Reading of the Bond Ordinance for the Issuance of Multifamily Housing Revenue Bonds, Steele Greenway, LLC. (District III) Attachment: Agenda Report No. II-8.doc Attachment: Ordinance 51-571 9) Second Reading Ordinances: a.) Second Reading Ordinances (first read May 25, 2021) Attachment: List of Second Reading Ordinances 06-01-2021.docx II) CONSENT PLANNING AGENDA ITEMS 10.) A21-01: Fruition, LLC; Southborough Partners; Gerald A. Zeller Rev. Trust; and Phyllis Jean Zeller Rev. Trust Request the Annexation of Land Generally Located on the North Side of West MacArthur Road and on the West Side of South Meridian Avenue. (District IV) Attachment: Agenda Report No. II-10.docx Attachment: A21-01 Mapsheet.docx Attachment: Ordinance 51-572 11.) A21-02- Rankin Roy G Trust Requests the Annexation of Land Generally Located on the East Side of South 119th Street West and Within One-Half Mile North of West Pawnee Avenue. (District IV) Attachment: Agenda Report No. II-11.docx Attachment: A21-02 Mapsheet.doc Attachment: Ordinance 51-573  Page 24 CITY COUNCIL PROCEEDINGS JUNE 1, 2021 12.) SUB2020-00071 -- Plat of Amidon Acres Addition Located on the West Side of North Womer Street, One-Half Mile South of West 37th Street North. (District VI) Attachment: Agenda Report No. II-12.docx II) CONSENT HOUSING AGENDA ITEMS - NONE II) CONSENT AIRPORT AGENDA ITEMS 13.) Assignment and Assumption of Use and Lease Agreements for 1404 South Airport Road (Hangar 1), and 6565 West Pueblo Court (Hangar 3) from LeaseCorp Aviation, LLC to Yingling Aircraft, Inc. Attachment: Agenda Report No. II-13.docx Attachment: Yingling Aircraft Assignment.pdf