City Council Meetings

Page 1 CITY COUNCIL PROCEEDINGS NOVEMBER 9, 2021 MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, November 9, 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, Director of Law, and Karen Sublett, City Clerk. Mayor Whipple called the meeting to order at 9:00 a.m. Approve the minutes of regular meeting on November 2, 2021 MOTION: Mayor Whipple moved to approve the minutes of regular meeting on November 2, 2021. Motion carried 7 to 0. Mayor Whipple read aloud the following Proclamations: Lung Cancer Awareness Month Small Business Saturday I) PUBLIC AGENDA 1.) Rachel Mayberry - Releasing ARPA funds to be accessed by community organizations. Rachel Mayberry, Senior Director of Public Policy at Heartspring stated Heartspring has been in the Wichita community since 1934, we employ close to 500 employees and we serve almost 1,000 children from 17 counties through therapeutic and educational support. Stated on March 11, 2021, President Biden approved the American Rescue Plan Act (ARPA) guaranteeing direct relief funds to cities and towns across the U.S. intended to combat COVID-19. Stated with the goal of providing immediate relief, we encourage this Body to quickly and efficiently distribute ARPA funds to our community. Stated Heartspring closed and reduced services in our outpatient services twice with a loss of $2.12 million dollars. Stated we paid more than $1.24 million dollars and have hazard and hero pay and COVID pay with the amount growing due to OSHA's requirement that we continue to offer unlimited paid COVID leave due to being a health care provider. Stated we have scheduled, cancelled or modified 10 events with a combined impact of almost $200,000 and we have spent more than $110,000 in PPE and cleaning equipment. Stated now we are looking at a $300,000 bill a month to test our employees for COVID-19 due to KDHE discontinuing funding for MDL. Stated Heartspring serves some of the most vulnerable children in our community, not testing our staff in neither responsible nor respective to our families who trust us to provide services to their families. Stated due to this loss in revenue and added expenses, we will be seeking a combined $14 million dollars in ARPA funding from the state, county and City. Stated unlike other healthcare and educational organizations, we did not qualify for most of the federal relief funding that was released over the last eighteen months. Stated with that $14 million dollars combined,  Page 2 CITY COUNCIL PROCEEDINGS NOVEMBER 9, 2021 we have three primary objectives: frontline healthcare employer relief, transitional housing and workforce development. Stated we employ 500 people across Wichita, making us one of the largest non-profits in the area. Stated our essential frontline healthcare workers were not eligible for the same rescue funding as other healthcare organizations; however, we have similar staffing crisis. Stated we urge you to quickly and efficiently find a way to distribute the ARPA funds to our community. II) CONSENT AGENDA ITEMS 1 THROUGH 17 MOTION: Mayor Whipple moved to approve consent agenda items 1 through 17 in accordance with the recommended actions shown thereon. Motion carried 7 to 0. COUNCIL BUSINESS III) BOARD OF BIDS AND CONTRACTS 1.) Board of Bids and Contracts dated November 8, 2021. Attachment: 11-08-2021 Board of Bids.pdf Hannah Lang, Finance Department, presented the item. MOTION: Mayor Whipple moved to receive and file report, approve the contracts and authorize the necessary signatures. Motion carried 7 to 0. IV) PETITIONS FOR PUBLIC IMPROVEMENTS 1.) Petitions for Public Improvements. Attachment: PFPI.docx Attachment: Schulte-Johnson 2nd Addn.pdf Attachment: resolution 21-424 009460.docx Attachment: resolution 21-425 009469.docx Attachment: resolution 21-426 009470.docx Attachment: resolution 21-427 085546.docx Attachment: North-Forty-Fifth Addn.pdf Attachment: resolution 21-428 085456.docx Attachment: Northgate 5th Addn.pdf  Page 3 CITY COUNCIL PROCEEDINGS NOVEMBER 9, 2021 Attachment: resolution 21-429 003262.docx Attachment: resolution 21-430 085462.docx Attachment: resolution 21-431 003131.docx Attachment: resolution 21-432 003131.docx Attachment: resolution 21-433 085694 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.) APPROVAL OF AMENDMENTS TO THE DEVELOPMENT AGREEMENT AND PARKING AGREEMENT WITH DOUGLAS MARKET DEVELOPMENT, LLC AND PUBLIC HEARING AND RESOLUTION OF INTENT TO ISSUE INDUSTRIAL REVENUE BONDS FOR PROPERTY FOR WSU TECH CULINARY SCHOOL. (DISTRICT I) Attachment: Agenda Report No. VI-1.docx Attachment: Development Agreement Amendment No. 1.docx Attachment: Letter of Intent.docx Attachment: General Assignment.pdf Attachment: Parking Agreement Amendment No. 1.docx Attachment: PILOT Agreement.docx Attachment: Origination Fee Payment Agreement.docx Attachment: Ordinance Further Amending District Plan - 2021 (2).docx Attachment: Resolution No. 21-411 Attachment: Resolution No. 21-412 Attachment: TIF Shortfall Payment Agreement.docx  Page 4 CITY COUNCIL PROCEEDINGS NOVEMBER 9, 2021 Mark Elder and Tim Goodpasture, Office of Economic Development, presented the item. Council Member Blubaugh asked staff if this is something that we have done before where WSU or non- taxable entities are the tenant and not the owner and we allow the tax exemption for the property taxes. Stated I assume the five years is because there is a five-year lease. Tim Goodpasture, Office of Economic Development stated we have done this before where there is a concern about property tax abatement. Stated the five-year tax abatement as opposed to a traditional 10- year tax abatement was to allow WSU to establish the program and get up and running without having to pay the property taxes on the property. Stated we have previously approved for instance, Gruver Labs that was approved for a property tax abatement for a 10-year period under concerns that they may or may not be able to utilize their ownership entity as a not for profit. Stated the scenario where a not for profit is the "tenant in the building" but is not the owner of the building, is not an uncommon situation for us to encounter. Stated in the state of Kansas, it is not the user that necessarily drives the property tax abatement but is a combination between the ownership as well as the user of the building that drives whether a property tax abatement is available for the property. Council Member Blubaugh asked staff if he knows of any other university properties. Tim Goodpasture, Office of Economic Development stated I cannot, typically if a not for profit owns and operates the facility, then they would be eligible in perpetuity for a property tax abatement. Council Member Blubaugh stated on the student housing it looks like there is almost a 15-month delay and the other delays look like they are about six months and asked for an explanation. Tim Goodpasture, Office of Economic Development stated I can't answer that questions but the developer or contractor might be interested in answering that question. Scott Woffington, Coonrod and Associates Construction stated we made our efforts more towards the school to make sure we got that completed on time. Stated that is the biggest time frame that we had to complete so student housing will start right after we get done with this. Council Member Blubaugh asked if it is not necessarily a supply chain issue. Scott Woffington stated it is manpower and everything. Stated if we could have had the man power and the supply chain, we could have started it at the same time but we are pushed for what we are doing right now. Stated the supply chain is bad, I talked to a roofer yesterday that told me he ordered a truckload of TPO roofing and was told he would get that next October. Council Member Blubaugh stated do you think you will be able to meet these dates you are requesting today. Scott Woffington stated these dates should be good. Mayor Whipple asked if anyone from the audience would like to speak on this item. 1) Jeff Fluhr, President of Downtown Wichita and the Greater Wichita Partnership stated the master plan for downtown has provided for incredible guidance for the development of our City center for almost 11 years. Stated since its adoption, over a billion dollars has been invested in our City center and one specific  Page 5 CITY COUNCIL PROCEEDINGS NOVEMBER 9, 2021 reason is because of the strategic investment that has been made by the public sector in infrastructure, the parks and the streets and with project developments. Stated in that one billion dollars about $750,000 has been private to about $250,000 in the public. Stated the Kansas Health Science Center furthers the vision of this plan, we are now activating four buildings in three blocks and we hope that each projects builds into the next one. Stated this sets the stage that we want to do five buildings in six blocks. Stated this is activating Chester L. Lewis and totally redeveloping it to celebrate Mr. Lewis and all the legacy that he has and to not only communicate what he did do but also create the stage of what we can do as a community. Stated educational facilities are outlined in the Downtown Master Plan as a critical use in our downtowns and with this moment of opportunity with the National Institute for Culinary and hospitality education, this building is actually reactivating a building that has been sitting vacant for decades. Stated this building and use will complete block 1. Stated we look at these projects as ushering in future opportunity in our downtown in their completion and we also see that it fulfills the Regional Growth Plan. Council Member Tuttle stated due to a conflict of interest, I will be abstaining from this vote. Vice Mayor Johnson stated I am a little concern with the supply chain and wants to make sure that we hit those deadlines. MOTION: Vice Mayor Johnson moved to adopt the resolution authorizing the execution of Development Agreement Amendment No. 1, Parking Agreement Amendment No. 1, General Assignments relating to the Skywalk Agreement and certain other documents; adopt the resolution authorizing the issuance of Industrial Revenue Bonds (IRBs) relating to the culinary school and approving certain related documents; and pass on first reading the ordinance approving a non-substantial change to the District Plan for the Center City South Redevelopment District. Motion carried 6 to 0, (Abstained: Tuttle). 2.) PETITION TO AMEND THE CHICKEN N PICKLE COMMUNITY IMPROVEMENT DISTRICT. (DISTRICT II) Attachment: Agenda Report No. VI-2.docx Attachment: Petition.pdf Attachment: Resolution 21-413 Mark Elder, Office of Economic Development, presented the item. Mayor Whipple asked if anyone from the audience would like to speak on this item; no one came forward. Council Member Tuttle thanked staff for all their work on this. MOTION: Council Member Tuttle moved to accept the petition and adopt the resolution setting a public hearing for December 7, 2021 and authorize the necessary signatures. Motion carried 7 to 0.  Page 6 CITY COUNCIL PROCEEDINGS NOVEMBER 9, 2021 3.) LIBRARY NAMING RECOMMENDATION. (DISTRICT VI) Attachment: Agenda Report No. VI-3.doc Attachment: Community Center Naming Survey.docx Jaime Prother, Director of Libraries presented the item. Jonathan Winkler, Operations Committee Chair stated the new community center is in the part of town near an area that was developed in the late 1880's. Stated later after the Spanish Revolution, became home to the Spanish American community in this town and the area that was developed after WWII. Stated we want to make sure we engaged all parts of the combined community, therefore we organized our outreach to be bilingual, we were struck by how strong Evergreen was. Stated it had 41% of the top ratings and we received comments in favor in both English and Spanish for both phases of public engagement. Stated we provided the ability to give comments and free texts. Stated we realized that a large part of the community for this is important that their new community center also be identified as a library. Stated they do not feel community center by itself conveys what the library can offer to the community, therefore these are the basics on which we developed the recommendation and thanked the many members of the community who took time to let us do what we thought. Mayor Whipple asked if anyone from the audience would like to speak on this item; no one came forward. Vice Mayor Johnson stated I also was surprised by the name because on social media I saw some other names kind of floating but appreciated that testimony and will be supportive of the name. Council Member Claycomb thanked former Council Member Janet Miller who started this initiative of creating a community center in District 6 and we would not be here without her experience and expertise as a former Council Member. Stated Jonathan Winkler's long term experience on the Library Board is just invaluable and he served well as the lead in the renaming effort of this. Stated I appreciate the work of the Library Board of Directors, they have great experience now in naming facilities and were helpful and allowed me to participate in their efforts. Stated I appreciate the community's involvement in voting on the names and it became evident that Evergreen was well recognized and a loved name for the center there and thinks that is a good choice. Stated this center in an innovative approach in Wichita, we may see this in other parts of the country but we are not seeing this type of center anywhere else in Wichita, it is a new model and is a community center and thinks it is important to realize this also as the agenda report recognized it as an anchor institution and it is more than just the individual parts. Stated as the Library Board suggested, I do recognize that including library in the name to ensure that the community knows that the branch library remains at this location. Stated after discussion with tenants, community members and staff, I recommend adopting the Library Board Directors naming recommendation with a minor modification. MOTION: Council Member Claycomb moved to approve the name Evergreen Community Center and Library. Motion carried 7 to 0.  Page 7 CITY COUNCIL PROCEEDINGS NOVEMBER 9, 2021 4.) 2022 ARTERIAL WATER MAINS. Attachment: Agenda Report No. VI-4.doc Attachment: Resolution No. 21-414 NOI Attachment: Resolution No. 21-414 Gary Janzen, Engineering Department, presented the item. Vice Mayor Johnson stated Saturday Alan King brought up a really good point about how some of the erosion from the salt from the highway will sometimes pool in one area and could potentially impact the system; is that being taken into account as well when you look at relocating some of the water mains. Gary Janzen, Engineering Department stated it will be now. Stated we still don't know for sure yet on the 42-inch break, it is still being evaluated and we are expected to have results soon. Stated it is not something that we had thought about in the past but will take a closer look at. Council Member Frye stated as it relates to 159th Street, Kellogg to Central, is that not the county line road and is all costs going to be borne by us or is it going to be shared with Butler County. Gary Janzen, Engineering Department stated as part of our agreement with the City of Andover that is still our water system and our cost responsibility. Stated Sedgwick County line is right down the middle of 159th Street so that is actually an Andover project but per our long standing agreement with the City of Andover and how our water system works with them, that is our cost responsibility and that is included within projects like this. Mayor Whipple asked if anyone from the audience would like to speak on this item; no one came forward. MOTION: Mayor Whipple moved to approve the project, adopt the resolution, and authorize the necessary signatures. Motion carried 7 to 0. 5.) 2022 SEWER COLLECTION AND WATER DISTRIBUTION MAINS REPLACEMENT PROGRAMS. Attachment: Agenda Report No. VI-5.doc Attachment: Resolution No. 21-415 NOI Attachment: Resolution No. 21-415 Attachment: Resolution No. 21-416 NOI Attachment: Resolution No. 21-416 Gary Janzen, Engineering Department, presented the item.  Page 8 CITY COUNCIL PROCEEDINGS NOVEMBER 9, 2021 Mayor Whipple asked if there has been any analysis with the new infrastructure bill that was passed in Washington this week as far as if that will help us with future costs for replacement of pipes and other infrastructure. Gary Janzen, Engineering Department stated as the legislation was being developed, we have looked at different areas because every time there are new bills like this there is generally opportunities for funding that we haven't seen in the past so we are working on that now. Stated we have some experts within the community we work with and who are looking at that and informing us. Stated I have been in touch with some people at the state level who also expect to receive some funding through that. Stated it is supposed to be focused towards water infrastructure in particular and we are hoping to follow up on that and see where we might end up. Stated it is something we are pursuing. Mayor Whipple stated I am sure my fellow Council Members would be in agreement with a request for a memo when you have an analysis of what Wichita could be benefiting from because of that bill. Vice Mayor Johnson stated as we are looking at the collection mains, I'm assuming that is also like storm water runoff. Gary Janzen, Engineering Department stated no, this is for sanitary sewer collection systems only. Mayor Whipple asked if anyone from the audience wished to speak on this item; no one came forward. MOTION: Mayor Whipple moved to approve the programs and budgets, adopt the resolutions and authorize the necessary signatures. Motion carried 7 to 0. 6.) FUNDING AND CHANGE ORDER LIMIT ADJUSTMENT FOR THE AQUATICS MASTER PLAN PHASE 3 - AESTHETIC DESIGN. Attachment: Agenda Report No. VI-6.doc Attachment: Resolution 21-417 Attachment: Resolution 21-418 Troy Houtman, Director of Park & Recreation, Brian Hill, Park & Recreation Department and Gary Janzen, Engineering Department presented the item. Council Member Claycomb asked if the new water playgrounds will incorporate art like we have done in the previous ones. Brian Hill, Park & Recreation Department stated yes they already have the art in as part of the design, the art element is already in there. Council Member Frye stated I know most of this is water works related infrastructure but as it relates to College Hill, are we going to be engaging with the design team like we did with the pool remodels. Stated I am not seeing a lot of art and special touches that we did with all of our other pool remodels and will  Page 9 CITY COUNCIL PROCEEDINGS NOVEMBER 9, 2021 this also be going back to the design council for review. Brian Hill, Park & Recreation Department stated they were engaged early on with the phase 1 and phase 2 stuff, we kind of looked at some of the items for College Hill. Council Member Frye stated I thought that was the water playgrounds you were talking about. Brian Hill, Park & Recreation Department stated right we did for College Hill as well and does not believe we will going back to the design council on this one, it has been seen by them earlier. Mayor Whipple asked if anyone from the audience wished to speak on this item; no one came forward. Council Member Tuttle thanked staff, this has been a labor of love and it has been exciting to be a part of this and to see this come to fruition. MOTION: Mayor Whipple moved to approve the revised budget, adopt the amending resolution, change order modification resolution, and approve the design-build delivery for the pool house rehabilitations and authorize the necessary signatures. Motion carried 7 to 0. 7.) QUARTERLY FINANCIAL REPORT FOR THE QUARTER ENDED SEPTEMBER 30, 2021. Attachment: Agenda Report No. VI-7.doc Mark Manning, Director of Finance, presented the item. (Vice Mayor Johnson momentarily left the bench) (Council Member Blubaugh momentarily left the bench) Council Member Claycomb asked staff if he was talking about the ratings with the rating agencies and their concern with our debt but we have special assessments in there and a lot of cities don't have those and asked if that affects that. Mark Manning, Director of Finance stated yes that is exactly right. Stated we are relatively uncommon in Kansas in that we do use special assessments, a lot of states don't, Kansas does and Wichita probably uses it more prolifically than any other city in the state of Kansas based on the study that we have done previously. Stated rating agencies aren't real comfortable with other forms of GO debt, I don't know if they are that familiar with the process so it concerns them. Council Member Blubaugh stated what indications do we have if we do further our credit availability on special assessments; is it plausible to think that we would get a downgrade if we continue that. Mark Manning, Director of Finance stated I can't answer that in absolutes, I can only answer that in conditionals because rating agencies, there is no redline where you go to that level and you are downgraded. Stated they are telling us that it will increase the risk of a downgrade if our debt goes up and that is not just special assessment debt but any debt.  Page 10 CITY COUNCIL PROCEEDINGS NOVEMBER 9, 2021 Bob Layton, City Manager stated the slide on Moody's comment is probably the most concerning issue for me is that the fact that Moody's actually believes that our debt levels deserve an A rating, we are currently a Aa2 rating and it’s because of other factors and the way that the Council adopts the budget our financial planning that allows us to be a Aa2 but if you look at debt alone, we would be an A rating. Stated that shows the magnitude of that issue. Mayor Whipple asked if anyone from the audience would like to speak on this item; no one came forward. MOTION: Mayor Whipple moved to receive and file the Quarterly Financial Report for the quarter ended September 30, 2021. Motion carried 7 to 0. COUNCIL BUSINESS SUBMITTED BY CITY AUTHORITIES PLANNING AGENDA VII) NON-CONSENT PLANNING AGENDA 1.) PUD2021-00018 – CITY ZONE CHANGE FROM TF-3 TWO-FAMILY RESIDENTIAL, LC LIMITED COMMERCIAL, AND GO GENERAL OFFICE TO PLANNED UNIT DEVELOPMENT #92 (HAPPINESS PLAZA); GENERALLY LOCATED SOUTH OF EAST DOUGLAS AVENUE AT THE NORTHWEST CORNER OF EAST OAKLAND AVENUE AND SOUTH CLIFTON AVENUE, 123, 125 SOUTH CLIFTON AVENUE AND 3344 EAST OAKLAND AVENUE. (DISTRICT I) Attachment: Agenda Report No. VII-1.doc Attachment: Supporting Documents Maps and Photos.docx Attachment: MAPC Minutes Excerpt.docx Attachment: DAB I Memo.docx Attachment: Ordinance 51-666 Council Member Frye momentarily left the bench) Scott Wadle, MAPD Director, presented the item. (Mayor Whipple momentarily left the bench; Vice Mayor Johnson in the chair) Council Member Cerullo stated I need to disclose that I have had discussions with parties from both sides in this case, I have kept an open mind until today and I have not made my decision yet and will see how this discussion goes. Council Member Tuttle stated I have also had conversations with parties from both sides and wanted to make sure that I disclose.  Page 11 CITY COUNCIL PROCEEDINGS NOVEMBER 9, 2021 Vice Mayor Johnson stated I have also talked to both sides recently. Stated this has probably been the second zoning case that I have had the most feedback. Stated this one is unique because there has been so much support as well as objection to it, which has caused a lot of really good discussion and during that discussion things came out both from the applicant as well as the neighborhood that I think may help in this decision. Stated what I would like to do today to encourage more discussion around parking and develop an actual plan for College Hill is to defer this item to December 14th. MOTION: Vice Mayor Johnson moved to defer this item to December 14, 2021 and to have our Planning Department work with the neighborhood and private sector on parking for that entire area and see how this may or may not play into that and thinks that will help College Hill going forward with this and future developments. Council Member Blubaugh asked what that looks like, is that a neighborhood meeting, what is the deliverable are we looking for in the next 30 days. Scott Wadle, MAPC Director stated this is a conceptual idea at this point but believes that it would take some community meetings perhaps something on the scale of an open house but most certainly focus groups to talk to individuals about their parking needs and desires for the community. Stated in addition we would be using the substantial amount of input that has been received so far and will be bouncing off of the community to make sure that we have heard their feedback about what the priorities and sticking points are. Stated we would also engage with a parking expert from across the country to come and help us out with ideas on what solutions have worked in other communities. Stated I don't believe that at the end of this process that we would have a thick formal document or plan because December 14th is right around the corner but hopes we could accomplish to achieve this is to identify areas where there is general agreement to at least move forward and look into it further. Bob Layton, City Manager stated we have a firm here in Wichita that we do work with on parking so it is not as if we have to go out with a full blown RFP, we have a contractual relationship with the firm. Stated that is who we would use to help us explore some options. Stated we already have a significant amount of input from residents so it is not as if we are starting from scratch and have to have a long engagement process but we do want to share some options before bringing this back to you. Vice Mayor Johnson stated there have been residents that I have spoken to that previously there were concerns about the narrowness of the street, parking on the street, and what I begin to hear now is that some residents are not concerned about that and are willing to have folks park in front of their house on both Clifton and Oakland. Stated my hope is by engaging everyone we can see where the community feels comfortable with off street parking and encourage people to park there and work with the businesses that are looking to expand. Motion carried 7 to 0. 2.) ZON2021-00042: CITY ZONE CHANGE FROM SF-5 SINGLE-FAMILY RESIDENTIAL TO TF-3 TWO-FAMILY RESIDENTIAL ON PROPERTY LOCATED ONE-QUARTER MILE NORTH OF WEST CENTRAL AVENUE AND ONE-HALF MILE WEST OF NORTH WEST STREET. (DISTRICT VI) Attachment: Agenda Report No. VII-2.doc  Page 12 CITY COUNCIL PROCEEDINGS NOVEMBER 9, 2021 Attachment: WCC Supporting Documents.docx Attachment: 10-07-2021 Excerpt Minutes.docx Attachment: DAB 6 Memo ZON2021-00042.pdf Attachment: Ordinance 51-667 Scott Wadle, MAPC Director presented the item. Council Member Claycomb stated no one spoke in opposition at the two public meetings that were held and with our need for housing stock, this is an empty lot and part of our infill strategy, however, this needs to fit with the character of the neighborhood and will make sure it fits with that. MOTION: Council Member Claycomb moved to adopt the findings of the MAPC and approve the requested zone change, place the ordinance on first reading, authorize the necessary signatures, and instruct the City Clerk to publish the ordinance after approval on second reading subject to the duplex being built in a style and quality largely consistent with the proposed rendering submitted in the application and subject to such design reflecting the character of the neighborhood. Motion carried 7 to 0. HOUSING AGENDA VIII) NON-CONSENT HOUSING AGENDA - NONE AIRPORT AGENDA IX) NON-CONSENT AIRPORT AGENDA - NONE COUNCIL AGENDA X) COUNCIL MEMBER AGENDA 1.) CHANGE IN COUNCIL MEETING SCHEDULE. Attachment: Agenda Report No. X-1.doc Bob Layton, City Manager stated we originally had not scheduled a meeting for next Tuesday because of the National League of Cities Conference and Council's desire to attend that conference. Stated it is now been switched from an in -person conference to a virtual conference and as a result of that we do have a significantly amount of business that we would like to transact to that Council Meeting next Tuesday. Stated we are asking the Council to schedule next Tuesday as a regular Council Meeting. MOTION: Mayor Whipple moved to approve changing the Council meeting schedule to make the November 16, 2021 a Regular Council Meeting. Motion carried 7 to 0.  Page 13 CITY COUNCIL PROCEEDINGS NOVEMBER 9, 2021 XI) COUNCIL MEMBER APPOINTMENTS AND COMMENTS 1.) Board Appointments. Mayor Whipple appointed Anthony Mai to the Diversity Inclusion and Civil Rights Advisory Board. Council Member Frye appointed Pastor Larry Wren to the Ethics Advisory Board. MOTION: Vice Mayor Whipple moved to approve the appointments. Motion carried 7 to 0. Vice Mayor Johnson stated being a member of this Body is an honor to me in representing the District I grew up in and being able to positively impact the diverse communities in District 1 is tough but very rewarding work. Stated prior to and during my time on Council, I have sought the advice of more than one former District 1 Council Member as well as other Council Members who served on this Body regarding all manners of issues that I have had a chance to weigh in on. Stated one of the things that each one of those individuals talked to me about was making sure that I read my Council packet, that I came to the bench informed and prepared and that I would ask questions before the meeting so that I can explain to other people what was on our agenda and sometimes just for information for myself. Stated they continued to let me know that the bench is the space that is given to us to make changes or potentially bring up concerns and that it was incumbent that rather than make assumptions or any other allegations that we do the tough work of asking questions and getting to the bottom of issues at that moment. Stated one of the issues that comes to mind and a really good outcome for our City, is a work around the hotel development at Eisenhower. Stated members of this Body asked questions, debated concerns about what was going on and our competent and highly qualified staff did some work and responded to our concerns and I believe that Wichita benefitted from doing our job. Stated recently we have also seen what is possible when we choose not to do our job. Stated four innocent Wichitans had their faces plastered on line in a web of theories for nearly 15 hours before a fifth innocent Wichitan was added. Stated all of this occurred because one member chose to jump ahead into gutter politics and take a photo of their screen rather than hit the button and speak and address those issues. Stated our job is a tough one, it is a one meeting a week, it isn't just agenda review, it requires effort and engagement. Stated it requires us to speak up at the bench rather than take photos from another failed play from the same playbook we saw in 2019. Stated when I have had no sleep because of a crying baby, when I was physically and emotionally drained due to protest throughout our community, even when I had COVID at this time last year, and even now to impact to work a house, I do my job and my homework and just wanted to say that I intend to continue to do my job for the next four years as I have the past four years. Mayor Whipple thanked the members who were able to attend the Veteran's Day Parade, it was well attended and reminded the public that this Thursday, City Hall will be closed in recognition of Veteran's Day. ADJOURNMENT Council Member Frye stated he would like to acknowledge and congratulate the two new Council elect members who are here in the audience, Mike Hoheisel and Maggie Ballard. MOTION:  Page 14 CITY COUNCIL PROCEEDINGS NOVEMBER 9, 2021 Mayor Whipple moved to adjourn. Motion carried 7 to 0. The meeting was adjourned at 11:06 a.m. Respectfully submitted, Karen Sublett, MMC City Clerk ATTACHMENT 1 - CONSENT AGENDA ITEMS 1 THROUGH 17 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 Nov. 9, 2021.docx 2) Preliminary Estimates: a.) Preliminary Estimates. Attachment: PEs for CC 11-09-21.pdf 3) Agreements/Contracts: a.) Design Services Agreement for Clear Ridge Addition Phase 2. (District II) Attachment: Agenda Report No. II-3a.docx Attachment: Agreement.pdf b.) On Call Heating Ventilation and Air Condition (HVAC) Contractual Services. Attachment: Agenda Report No. II-3b.doc Attachment: Contract.pdf c.) Industrial Pretreatment Wastewater Sampling Contractual Services. Attachment: Agenda Report No. II-3c.docx Attachment: Contract.docx  Page 15 CITY COUNCIL PROCEEDINGS NOVEMBER 9, 2021 UNCATEGORIZED ITEMS: 4.) Variance Request to Permit the Height of Protective Netting Poles of a Golf Driving Range to Exceed the 75-Foot Height Restriction in Airport Hazard Zone “B.” (District II) Attachment: Agenda Report No. II-4.docx Attachment: Top Golf-No Objection from Airports.pdf Attachment: Top Golf Wichita- FAA Determination- Pole #5.pdf Attachment: Resolution 21-419 5.) Northeast Redevelopment District Tax Increment Financing District. (District I) Attachment: Agenda Report No. II-5.doc Attachment: Resolution 21-420 6.) Pooled Funds Investment Policy. Attachment: Agenda Report No. II-6.doc Attachment: Pooled Funds Investment Policy.docx 7.) 2020 Community Services Block Grant Budget Adjustment. Attachment: Agenda Report No. II-7.doc Attachment: CSBG Budget Adjustment.docx 8.) Resolutions Authorizing Federal Transit Administration Section 5339(b) Bus and Bus Facilities Grant Application. Attachment: Agenda Report No. II-8.doc Attachment: Resolution No. 21-421 Attachment: Resolution No. 21-422 9.) Shuttered Venue Operators Grant Extension. Attachment: Agenda Report No. II-9.docx 10.) First Reading of the Bond Ordinance to Issue Industrial Revenue Bonds, Delano Hotel QOZB, LLC. (District VI) Attachment: Agenda Report No. II-10.docx  Page 16 CITY COUNCIL PROCEEDINGS NOVEMBER 9, 2021 Attachment: Ordinance 51-668 11.) Payment for Settlement of Claim. Attachment: Agenda Report No. II-11.docx Attachment: Resolution No. 21-423 12) Second Reading Ordinances: Second Reading Ordinances (First read November 2, 2021) Attachment: List_of_Second_Reading_Ordinances_11-09-2021.docx II) CONSENT PLANNING AGENDA ITEMS 13.) CON2021-00039 with ZON2021-00041: City Request to Amend Conditional Use to Allow a Bar, Outdoor Entertainment Venue, Event Center, High-Definition Digital Screens, Increase Height, LED Lighting Strips, Later Hours of Operation, and an Amendment to Protective Overlay #74 on Property Zoned LI Limited Industrial; Located on the Southeast Corner of East 29th Street North and North Greenwich Road. (District II) Attachment: Agenda Report No. II-13.docx Attachment: Supporting Documents.docx Attachment: MAPC Minutes Excerpt.docx Attachment: DAB 2 Interoffice Memorandum.pdf Attachment: Ordinance 51-669 14.) PUD2021-00017 –Zone Change from GC General Commercial and LI Limited Industrial to PUD Planned Unit Development to Create the Ysidro 5th Addition PUD on Property; Generally Located on the East Side of North Broadway Avenue and within One-Half Mile North of East MacArthur Road, 3740 South Broadway Avenue. (District III) Attachment: Agenda Report No. II-14.doc Attachment: Supporting Documents Maps and Photos.docx Attachment: MAPC Minutes Excerpt.docx Attachment: DAB 3 PUD2021-00017 Interoffice Memo.docx Attachment: Ordinance 51-670 15.) VAC2021-00037 – City Request to Vacate Portion of a Platted Front Yard Building Setback on Single-Family Residential Zoned Property; Generally Located West of North McLean Boulevard on the South Side of West 13th Street North. (District VI)  Page 17 CITY COUNCIL PROCEEDINGS NOVEMBER 9, 2021 Attachment: Agenda Report No. II-15.docx Attachment: Vacation Order.docx Attachment: MAPC Minutes Excerpt.docx 16.) VAC2021-00039 – City Request to Vacate Portion of a Street Right-of-Way Created by Condemnation Case No.69499; Generally Located Three Blocks East of South Washington Avenue, on the Northwest corner of East Waterman Street and South Pattie Avenue. (District I) Attachment: Agenda Report No. II-16.docx Attachment: Vacation Order.docx Attachment: MAPC Minutes Excerpt.docx II) CONSENT HOUSING AGENDA ITEMS - NONE II) CONSENT AIRPORT AGENDA ITEMS 17.) Supplemental Agreement No. 4, FlightSafety Textron Aviation Training, LLC - Wichita Dwight D. Eisenhower National Airport. Attachment: Agenda Report No. II-17.docx Attachment: Supplemental Agreement #4.pdf