City Council Meetings

Page 1 CITY COUNCIL PROCEEDINGS APRIL 21, 2020 MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, April 21, 2020 Tuesday, 09:00 AM The City Council met in regular session with Brandon Whipple, Cindy Claycomb, Bryan Frye, Becky Tuttle, Jeff Blubaugh, James Clendenin, and Brandon Johnson. Staff Members Present: Bob Layton, City Manager, Jennifer Magana, City Attorney, and Karen Sublett, City Clerk. Mayor Whipple called the meeting to order at 9:00 a.m. Approve the minutes of regular meeting April 14, 2020. MOTION: Mayor Whipple moved to approve the minutes of regular meeting April 14, 2020. Motion carried 7 to 0. I) PUBLIC AGENDA - SUSPENDED II) CONSENT AGENDA ITEMS 1 THROUGH 16 Council Member Johnson asked that consent item II-13 be pulled for discussion. MOTION: Council Member Johnson moved to pull consent item II-13. Motion carried 7 to 0. ***Action for Consent Item II-13 is shown in the order of the agenda*** MOTION: Mayor Whipple moved to approve consent agenda items 1 through 16 with the exception of item 13. Motion carried 7 to 0. COUNCIL BUSINESS III) BOARD OF BIDS AND CONTRACTS a.) Report of Board of Bids and Contracts dated April 20, 2020. Attachment: 04-20-2020 Board of Bids.pdf Hannah Lang, Purchasing Department, reported on the April 20, 2020 Board of Bids.  Page 2 CITY COUNCIL PROCEEDINGS APRIL 21, 2020 MOTION: Mayor Whipple moved to receive and file the report, approve the contracts and authorize the necessary signatures. Motion carried 7 to 0. IV) UNFINISHED COUNCIL BUSINESS - NONE V) NEW COUNCIL BUSINESS 1.) RESOLUTION AMENDING A PUBLIC HEARING DATE FOR A PROJECT PLAN, TAX INCREMENT FINANCING FOR THE PROJECT AREA 3B PLAN. (DISTRICT I) Attachment: Agenda Report No. V-1 (5).docx Attachment: TIF Proceeding Certificates - No Protest - CCS 2020 Project Plan Attachment: TIF Proceeding Certificates - CCS 2020 Project Plan Transmittal Attachment: Resolution No. 20-114.docx Attachment: TIF Proceeding Certificates - CCS 2020 Project Plan Hearing Scot Rigby Assistant City Manager, reviewed the item. (There were no public comments) MOTION: Council Member Johnson moved to adopt the amending resolution setting a public hearing for May 5, 2020 and authorize the necessary signatures. Motion carried 7 to 0. 2.) NORTHWEST WICHITA WATER FACILITY PROJECT AMENDMENT TO AGREEMENT. Attachment: Agenda Report No. V-2.docx Attachment: Amendment to the Agreement Alan King Director of Public Works & Utilities, reviewed the item. Mayor Whipple stated this was presented as a technical amendment and asked if this changes the overall fiscal note of the project. Alan King Director of Public Works & Utilities stated no it does not. Stated there is no effect on either the fiscal aspect of this project or the schedule. Stated it is just a matter of making sure we meet the requirements of EPA and SRF on the actual loan applications. (There were no public comments)  Page 3 CITY COUNCIL PROCEEDINGS APRIL 21, 2020 MOTION: Mayor Whipple moved to approve the amendment to the agreement and authorize the necessary signatures. Motion carried 7 to 0. 3.) WICHITA EMPLOYEES’ RETIREMENT AND POLICE AND FIRE RETIREMENT SYSTEMS ACTUARIAL VALUATION REPORTS AS OF DECEMBER 31, 2019. Attachment: Agenda Report No. V-3.doc Attachment: 2019 WER Actuarial Valuation Report.pdf Attachment: 2019 PFRS Actuarial Valuation Report.pdf Mark Manning Finance Department stated that the actuaries from Cheiron are here to give their report. Actuaries from Cheiron reported on the actuarial valuation process. (Mayor Whipple momentarily left the bench; Vice Mayor Claycomb in the chair) MOTION: Mayor Whipple moved to receive and file the Wichita Employees' Retirement and Police and Fire Retirement Systems' Actuarial Valuation Reports as of December 31, 2019 and approve the 2021 employer retirement fund contribution rates. Motion carried 7 to 0. 4.) ESG FUNDING ALLOCATION FOR UNITED WAY OF THE PLAINS, INC.; COVID-19 HOTEL/MOTEL ISOLATION PROGRAM. Attachment: Agenda Report No. V-4.docx Attachment: ESG-CV United Way Hotel Voucher Program.docx (Council Member Blubaugh momentarily left the bench) Sally Stang Director of Housing and Community Services, reviewed the item. Vice Mayor Claycomb thanked staff for coordinating this with continuum care. Stated she has sat on those calls and recognize the real effort that is going on in this community to help one of our most vulnerable populations and thinks this money will be well spent on a reimbursement basis as needed. MOTION: Vice Mayor Claycomb moved to approve the ESG funding allocation in the amount of $300,510 and authorize the necessary signatures. Motion carried 7 to 0.  Page 4 CITY COUNCIL PROCEEDINGS APRIL 21, 2020 COUNCIL BUSINESS SUBMITTED BY CITY AUTHORITIES PLANNING AGENDA VI) NON-CONSENT PLANNING AGENDA - NONE HOUSING AGENDA VII) NON-CONSENT HOUSING AGENDA - NONE AIRPORT AGENDA VIII) NON-CONSENT AIRPORT AGENDA - NONE COUNCIL AGENDA IX) COUNCIL MEMBER AGENDA 1.) CONSIDERATION OF DEPUTY TO THE MAYOR Attachment: Deputy to the Mayor outline.docx Mayor Whipple stated he knows this is new to a lot of people when he first came up with this role and the concept of the role goes back to at least 30 years and is trying to modernize that and thanked the Council Members who have helped him with this process. Stated the Executive Assistant to the Mayor and City Council was an established position before the previous Mayor changed the position to Communications and Event Planner. Stated his research has shown that this has set a 12 year precedence of employing someone from outside City Hall to assist the Mayor in a position like this or its equivalent position, which believes Legal has confirmed goes back well before. Stated the email from Legal states, "some version of this position existed for many years before Mayor Brewer was elected going back to at least (an employee's name)." Stated what he is trying to while we are changing with our new Communications Director and now the position of Communications and Event Planner, is to reinstate the previous position but update it to make it a position that goes beyond just assistance work, but professionalize it to also do policy research, community outreach, and some of the other demands he thinks the public was looking for. Stated some of the criticism he has gotten is that we are in a hardship and might have some financial hardships moving forward. Stated in times of crisis the core staff including the assistant to the Mayor and the Council have always remained in place. Stated during the 2008 financial crisis, the executive assistants, Mayor and Council was not furloughed or laid off; today the majority of our furloughed employees correlate with the limited functions of local government, however the office of the Mayor and City Council must continue and the Manager's office must also continue and thus the Manager's assistant has not been furloughed. Stated as we tackle these problems, it is important that we do so at full strength. Stated he sent an email to the Manager and Council Members titled temporary budget actions dated March 20, 2020 and responded with that the Council and Mayor's staff as essential during these times with a discussion of a hiring freeze and had no response in opposition to this, therefore, believes that the expectation was we can move forward with staff that is essential. Stated one of the things people want to know is with the current position and the idea of resorting back to a similar position that's been in place for about at least 20 years, is what is the difference, why can't you just utilize what you already have. Stated he compared the job descriptions and the current position of communications and events coordinator, with the past executive assistant to the Mayor and Council. Stated in the job descriptions  Page 5 CITY COUNCIL PROCEEDINGS APRIL 21, 2020 there are major areas of responsibility left out, there are some areas that do overlap, but some of the uniquely different positions found in comparison of the job descriptions are: preparation of letters for grants, community achievements, delegation visas, oversight of Sister Cities programs, Mayor's Youth Council and various other Mayor's councils, organization of State of the State event, Wichita River Festival involvement, and taking notes and minutes in meetings. Stated those are found in the previous executive assistant to the Mayor and City Council that are not found in the current communications and special events coordinator position that is in place. Stated other missing items that he wants to utilize for this position is policy research, assistance in interfacing with Department Heads for the purpose of gaining information, community leaders, stakeholders and community organizations for the purpose of coordinating, engaging in efforts to increase transparency and accountability. Stated that is the vision for this position and wants to go over the rationale and the job description and the structure and procedure. Stated as the Council and public probably know, this position in the last 12 years has never come up for a vote like this and thinks before the planning of this position has been done and other means so it is important that for the sake of transparency, he presents not only to yourself but also to those watching what is the reasoning behind this. Stated the rationale is the unprecedented time the crisis will affect economically and the public health requires professional assistance within the Mayor's office to better serve the community, interface with City Department Heads, and align with Council Members on shared objectives. Stated this position brings the Office of the Mayor to a similar professional standing of every other Mayor in comparable cities who enjoy the assistance of a Chief of Staff or the equivalent. Stated Wichita is only one of two top 50 cities in which the Mayor does not have a Chief of Staff or the equivalent. Stated public expectation for this position of the Mayor has evolved to expect more community outreach, public accessibility and to maintain a presence throughout the City. Stated this position gives the Mayor the resources needed to provide a similar level of public outreach as current Wichita City Council Members enjoy the use of their full-time community outreach employees resulting in increased accountability and transparency. Stated the job description is brief and of course all of this in open to amendments. Stated he has worked with at least three Council Members to get feedback on this and is happy to make adjustments as needed. Stated the job description for the Deputy Mayor position will assist the Mayor in policy research, community outreach, special projects, communications and other tasks as directed. Stated this person will work with the Mayor to interface with City Department Heads, City Council Members, community leaders, stakeholders, community organizations and the general public in order to coordinate and provide superior customer service to our taxpayers. Stated this person will assist members of the Council when needed. Stated he wants to chime in about what is with the title. Stated he thinks one of the interesting things is when he gets questions about this on his social media, people ask Deputy of the Mayor sounds kind of strange and Chief of Staff sounds more like what Mayor's get, which is funny to him and has been working on this for four months now, because the push back to the idea of Chief of Staff was you are the Mayor and don't control staff and what he wanted to do is to balance a title that would attract someone at the graduate level and someone who will not see this as an entrance level position such as an assistant would. Stated to do that, he wanted to figure out what are other titles that people have utilized so that he can attract the best talent to help us out and some of those titles were Deputy, which does not entail that person is in charge of staff and could call this anything you guys want. Stated he just needs someone who can fulfill all of these duties so that he can make sure the taxpayers get what they expect. Stated that is the difference with the title and is not something that cannot be changed or we can switch it back to the Executive Assistant to the Mayor and Council. Stated while doing his research, for the last 12 years every person who had this position or the equivalent actually worked for the Mayor before the Mayor was in office and can be found in their campaign structure somewhere. Stated most reasonable people would assume that for people coming from the outside coming into this position through just basic merit process, the Mayor might have had a bit of an influence in that. Stated in the hopes of transparency wants to create a structure in which is open and transparent that gave people balance to not only the Mayor, the Council but also to the administrative side. Stated he wants to  Page 6 CITY COUNCIL PROCEEDINGS APRIL 21, 2020 make sure that this position doesn't have to be absorbed through the organization moving forward so if the City decides to keep this position, that a person is typically term limited leaves; once they leave they would have the choice to do that but don't want to be forced to do that. Stated the contract and employee of the City who serves the Mayor for the same four-year term, the position will expire once the Mayor's term ends and they may be renewed at that time, which is why it was set up as a separate contract so that they don't have to be absorbed into the system and the next Mayor would have the freedom to pick someone who would complement their skill set and who is right for the mood of the City at that time. Stated the employee falls under the same policy for conduct and expectations as other employees and listening to the feedback from the Council, thinks there was concern about this. Stated there was also concern for what if a Mayor comes in who is overly political and hires someone to be in the office who is also political and if that would put us at risk. Stated listening to that feedback, he put in here that this is a non-political position that prevents participation and campaign activities as defined by K.S.A. 2541-43(H) and the reasoning for that was that it is a state statute, so there can't be much manipulation of a state statute through the Council or the Mayor's interpretation of it, it is already set. Stated it was requested that the employee would sign a non-disclosure agreement, which means if there is policy discussions in the Council office that that discussion will not get out and be used against those people who had that discussion. Stated the employee would earn the same benefit package including but not limited to health care insurance and the position will be advertised through the H.R. website, which is important because he doesn't want this to be an appointment. Stated we are proudly in a system of merit and every Chief of Staff in every state office in Kansas, the Mayor just unilaterally appoints a Chief of Staff and most people know that is common practice. Stated given the history and the culture of our building here at City Hall, wants to work out a structure where that doesn't happen behind closed doors and this is what he came up with which is open to amendments and changes. Stated the selection committee will consist of the Mayor and staff member appointed by the City Manager. Stated the two member committee will review applicants, conduct interviews, and determine who advances. Stated if the two person committee cannot agree on a candidate within one week of the interviews, a third member of the City Council or the Office of Community Service supervisor may be appointed to the committee by the Mayor to evaluate and determine the best candidate. Stated the purpose of this is to make sure that if the Mayor does have a hand in the selection of the next person who would be the assistant of them, that it is not done behind closed doors and as mentioned for the last 12 years, everybody who has had this position or the position that replaced this position, has had ties to working with the Mayor before the Mayor was elected and before they came into this position and wanted to make sure that precedence would have a process to go through. Stated the idea of having someone appointed by the Manager and not just the Manager, so that the Manager could be free of any type of political pressure from the Council, if the Mayor happens to fall in the minority of those in the Council. Stated it is important too that whoever works with the Mayor is someone who the Mayor can trust and is why the Mayor should be in the room with that, if not, then we could see some misguided actions in the future. Stated this allows proper administrative verification of the employer while also protecting the City Manager from political pressures that may arise from the Council. Stated the vetting part is very important, where a future Mayor cannot just appoint someone who is unqualified for this position or someone who doesn't meet the standards of being hired by the City. Stated performance evaluations and investigations of potential violations of the City employee policy or potential violations of the non-political activities as defined by K.S.A. 25-4143 will be conducted by two members of the selection committee. Stated if the two member committee cannot come to an agreement, the City Manager or the designee will serve as the tie breaking member. Stated when it comes to any type of discipline or program evaluations or anything like that; wants this to be heavy on the administration side because we are a professional government and we want to make sure that someone can't just run amuck as long as they are in good with the Mayor. Stated there is accountability and that accountability can come from our established process. Stated determination of the outcome of the two member committee may be challenged by the City Manager, so even if there isn't a disagreement between the two  Page 7 CITY COUNCIL PROCEEDINGS APRIL 21, 2020 member committee, the City Manager can still challenge it, at which point the selection committee will reconvene with an additional Council Member appointed by the Mayor and City Manager or his or her designee to explore the matter further. Stated the structure is set up to make it so it is transparent and that not just anyone can be put in the position by appointment, even though that has been the standard practice of other cities and pretty much every agency at the state level. Stated the goal is to strike that balance and is open to suggestions to this and wants to just resort back to the current position but with a bit of an updated part of that to what it was before the previous Mayor changed that position, particularly since that position is becoming more of a communications position under the direction of the Communications Department and less of that under City Hall. Council Member Blubaugh asked if we have an established salary for this position. Mayor Whipple stated the established salary of previous positions has been for the current role as $39,709 to $70,604. Stated for the current position that replaced the previous position; the previous position was $41,319 to $73,465. Stated his guess would be the salary would fall somewhere into that range, which would also be determined by staff so that they can make it appropriate with other positions that it is equivalent to in our system. Stated he will have no say in that. Karen Sublett City Clerk stated she has about 17 or 18 comments from about four or five individuals and asked the Mayor how he would like to proceed. Mayor Whipple stated to read from the four or five individuals and pick out which comments you believe are appropriate to read. Jennifer Magana City Attorney stated she would recommend that the City Clerk read all comments in their entirety. Public Comments: Amy Lyon - please explain why this role is to interface with the City Manager and Council Members. Mayor Whipple stated as mentioned in his testimony, it is important that we collaborate not just with the administrative side of our government but also with our Council Members to make sure it is not duplication of efforts nor miscommunications of goals on efforts that are already established. Bill Stout - none of you should be paid as long as you will not let the people of Wichita from whom your income is derived, return to work. Hiring someone to assist the Mayor while not allowing the people of Wichita to return to work, is tyranny. Mayor Whipple stated he understands there is a lot of frustration with the current order from the Governor to keep people safe and healthy by staying in. We hope to get the economy open back up when it is safe and said in his opening statement that the need at this time for the professionalization of this office by bringing in a professional; that is to make sure that we are in the best position moving forward coming out of the worst crisis health-wise that we have over the last 100 years. Amy Lyon - role is way too large and literally covers all aspects of the Mayor and City Council roles. Mayor Whipple stated he disagrees and thanks for the comment. Bill Stout - why do we need a Mayor, a City Manager and an assistant.  Page 8 CITY COUNCIL PROCEEDINGS APRIL 21, 2020 Mayor Whipple stated the assistant is an established position for over 20 years that was removed by the previous Mayor and he is trying to reenact that position other Mayors have enjoyed particularly in a time of crisis so that Wichita can take its best path forward as we come out of this. Greg Ferris - the Mayor makes nearly $100,000 per year, he should be able to do those jobs himself. Mayor Whipple stated he wished he had the super powers to do this job myself but no Mayor of every top 50 city besides us and Virginia Beach has done that. It is standard practice and is just trying to return to it in a public fashion and will remind people at home that this has never been up for a vote like this in at least the last 12 years. This is what transparency looks like and wants to remain transparent not just with this but also by utilizing this position to continue the efforts of community engagement. Bill Stout - a new way to spend taxpayer's dollars, the Mayor makes over $100,000 and needs someone else to do his job? Amy Lyon - there it is, the crux of the matter is you need to bring in your campaign team. Bill Stout - isn't this convenient that we are bringing up something like this now when people cannot be present to voice their opposition. None of you should be paid or creating new jobs and expenditures until such time, as Wichitans are able to return to work. Amy Lyon - no campaigning but you desire someone with your campaign. Bill Stout - put this measure to a public vote. Rhonda Cox - so we are only one of two top 50 cities that don't have someone in this position, why is Wichita always behind in everything. Amy Lyons - forget this and table this. The Mayor has more knowledge on this than any other topics specifically budget. Bill Stout - tell me again why we are hiring people when the entire City is closed and people can't pay their bills. Greg Ferris - many of those cities pay their Mayors $20,000 to $40,000 so they don't make what the Wichita Mayor makes, also a bit of a misstatement as many of those cities don't have a City Manager. Amy Lyon - the people should have the right to weigh in and be heard, no vote now or vote no. Rhonda Cox - not top 50 cities with population of 380,000, come on compare apples to apples, since when do the people have a say on City employees. Bill Stout - current salary of the Mayor is $108,000, perhaps he should do the job he was elected to do rather than hire someone else at our expense. Greg Ferris - check your facts, Oklahoma City doesn't pay their Mayor $100,000. Bill Stout - the City Manager makes over $200,000, double talk response.  Page 9 CITY COUNCIL PROCEEDINGS APRIL 21, 2020 Rhonda Cox - yeah their top City employees are very well paid. Council Member Johnson stated he just to add to the conversation because there is about three voices that we keep hearing, on social media he made this encouragement and wants to make it again for anybody watching at home; that we consider what this means for the entire City and the future of the City and not necessarily where we are right now; is this a position that could help benefit the Council and Mayor now and in the future, or is this something that isn't necessary. Stated that is the conversation he is interested in hearing feedback on, a lot of this is not directed at that and that is not the way to get the best information for the Council to make an informed decision, so is this something that can help out and engage the community in different ways. Stated the Mayor has brought up our CSR's a couple of times, is this something similar, is it something that can be a benefit, those are the types of things he is hopeful to hear from the community. Public Comments (continued): Rhonda Cox - yeah their top employees are very well paid. Bill Stout - Mayors have enjoyed, how about the people can't enjoy anything right now and you expect us to pay for you to have an assistant to enjoy. Rhonda Cox - Oklahoma is not the norm and should not be, you get what you pay for. Brock Booker - so let me get this straight, the previous got to appoint someone to this position with no Council vote? Previous Mayor. Dejuan Walsh - will the position have any direct reports and interfacing with Department Heads; will the person have influence over the decisions; will the City charter need to be changed for this role? Mayor Whipple stated no. Donna Wirth - explain the research this position will do versus you as Mayor. Mayor Whipple stated he previously answered that question. This is a position to support the position of Mayor so that the Mayor is better equipped to make decisions on behalf of the citizens. Vice Mayor Claycomb stated you answered the question on whether or charter would have to be changed but would like legal guidance on that. Mayor Whipple asked legal staff to hire or reinstate the position such as the Assistant to the Mayor and Council, through the job description in which he has proposed; would we actually need a change of the charter. Jennifer Magana City Attorney stated that is a complex question in that it brings in state law, city ordinances. Stated City ordinance currently requires that the City staffing positions are created by acts of Council and that with exception of Municipal Judges, all employees report directly to and can be hired and fired solely by the City Manager. Stated the City Manager has sole discretion to hire and fire all City employees with the exception of Municipal Court Judges.  Page 10 CITY COUNCIL PROCEEDINGS APRIL 21, 2020 Mayor Whipple stated would a clarification in his proposals, state that is the case here if that amendment was accepted, would we need any change in the charter to move forward. Jennifer Magana City Attorney stated she is not sure what you are talking about when you say charter. Mayor Whipple stated the document that was presented if we made it clear that this person would be under the sole discretion of hiring and firing through the City Manager as you stated is a requirement in order to stay within our charter, if that change was made today, the documentation before moving forward, then we would be within the charter; is that correct? Jennifer Magana City Attorney stated to comply with current state law, believes a charter ordinance would be required to charter out of state statute. Stated in 2015, the legislature enacted Chapter 12 that talked about the major form of government. Stated when you talk about the City charter, there was a 1917 ordinance if that is what you are talking about, that is not a City charter but there are City ordinances that currently comply with state statute. Stated if you are talking about changing those City ordinances, with regards to the Manager's authority to hire and fire employees, we would need a charter ordinance to comply with state law. Mayor Whipple stated his understanding is that the Vice Mayor asked, does this, the current layout the job description says that the employee falls under the same City policy for conduct and expectations as other employees; where this employee would follow the same employee guidelines according to the intent of this document of every other employee in this building. Stated the way staff answered the question where the Manager is in charge of employees, if we were to add that more implicitly into this, and falls under the same policy as every other employee. Stated if this is a City employee position, are we then within the boundaries of our charter; is the Council able to create a position now that reinstates a version of a position that has been in place for over 20 years, and make sure it is underneath the City Manager and if we do that, we are within the charter; is that correct? Jennifer Magana City Attorney stated this would have to be subject to review of the Law Department, it would need to be created by Council subject to sole hiring, firing and disciplinary authority by the City Manager to comply with state statute and City ordinance. Mayor Whipple stated he did accept four amendments from the City Manager when reviewing this document and understood it was a joint understanding that this is in accordance with the charter and has no problem adding amendments to tighten that up to make sure that this is in accordance with the charter. Vice Mayor Claycomb stated she wants to clarify what she was asking and thinks legal staff answered this but the proposal as she reads it, puts the Mayor in charge of hiring, performance appraisals and ethics evaluations, the way it is written now. Stated that was her question is that process as proposed would be outside of our written ordinances. Jennifer Magana City Attorney stated that is correct. Mayor Whipple stated to clarify the accuracy of your previous comment, the Mayor is not in charge, the Mayor sits on the same committee so in the context of what is read, where the Mayor would just be in the committee, is that a violation. Jennifer Magana City Attorney stated from what is written on this paper, it does not appear clear to her that it is consistent with the City ordinance or state law from the way this is written.  Page 11 CITY COUNCIL PROCEEDINGS APRIL 21, 2020 Mayor Whipple stated that would have to be changed? Jennifer Magana City Attorney stated that is her opinion at this time and can fully research that to a fuller extent if you would like. Council Member Frye stated his questions fall along the same lines as the Vice Mayor because the way he reads this, this is a new position because we already have staff filling the role of communications and special events manager. Stated this reads as a new body added to that mix because the way he understands our staff levels now is we are at full staff in those positions. Stated asking the question if this would be a change in the charter because this is a new position reporting to this committee and not the City Manager; that is where he sees conflict. Mayor Whipple asked the City Manager to clarify, the purpose for this and you read it and went through it and you and I apparently were on the same mind that this wouldn't be a conflict. Stated we can go back to the old one and I in fact presented two documents, one was to just reinstate the old position and one was this and I asked you to help me pick out which one you thought was good moving forward. Stated your comments to me was that this was clearer and what my intent was but has no problem going back to the other one. Stated with that said, the previous position that he is trying to fill the gap for was the Executive Assistant to the Mayor and City Council; is that correct? Bob Layton City Manager stated that is correct, that was the position prior to the current position that has an incumbent in it. Mayor Whipple asked if this position, the Executive Assistant to the Mayor and City Council was here when he came here. Bob Layton City Manager stated that position was here. Mayor Whipple asked what year Bob Layton came to the City. Bob Layton City Manager stated 2009. Mayor Whipple stated since 2009, 11 years ago we had an Executive Assistant to the Mayor and Council, so it is safe to say the concept isn't new. Bob Layton City Manager stated you have broaden the powers of that position but in terms of the title and some of the responsibilities, yes that position has been here. Mayor Whipple stated his intent is not to broaden the powers but broaden the responsibilities of the position and asked what happen when that position was replaced with a Communications and Event Coordinator position because they sound very different. Bob Layton City Manager stated when that position was filled we had a person who was in the previous position who expressed interest in leaving that department and starting a career in another department, which created a vacancy in the position. Stated the Mayor and Council had been expressing concerns about our communications efforts and whether or not we needed to beef that up, especially our presence in social media. Stated we revised the job description and then recruited for that vacant position.  Page 12 CITY COUNCIL PROCEEDINGS APRIL 21, 2020 Mayor Whipple stated the current Mayor came in and saw a new need for the position somewhat like he sees a new need as far as community outreach, and reformulated the existing position to fit that need, similar to what he is trying to do currently and asked if that is a fair statement. Bob Layton City Manager stated right, it was done in consultation with the Council because it was a priority of both the Mayor and the Council. Mayor Whipple asked if it came up for a vote like this. Bob Layton City Manager stated no because we had a vacancy, we did a reclassification of the position. Mayor Whipple asked if the reclassification of the position was able to utilize the standing budget item even though it was a different position. Bob Layton City Manager stated correct. Mayor Whipple stated just with the future of this position, Communications Event Planner, March 16th or 20th we began the employment of a new Director of Communications who now oversees the Communication and Event Coordinator position. Bob Layton City Manager stated yes. Mayor Whipple stated than that position is still being paid out of Council budget but is being managed out of the person who is over communications. Bob Layton City Manager stated that is actually a little too simple in terms of that responsibility. Stated that position performs a number of duties some in service to the Mayor and Council and then some in service to the broader organization in terms of communication. Stated we could have that position report to a number of people because she is asked to wear multiple hats. Mayor Whipple stated I was instructed to communicate with the Director of Communications if I had and requests instead of her if he had any questions and asked if that is standard if she is also reporting to the Mayor and City Council. Bob Layton City Manager stated he wasn't aware of that request. Mayor Whipple asked in the future do you believe that this position Communications and Event Coordinator, might eventually fall under the Communications Department or should it forever be under the Council Department. Bob Layton City Manager stated the Council has asked him to look at that and look at a broader reorganization of our customer service staff as well as our communications staff and see if we can't make them better. Mayor Whipple stated he would also asked if everyone could do that, it might have saved him the last hour here. Council Member Johnson stated on the comments on social media it was recommended that we read everything in its entirety but a lot of this is back and forth among citizens and not necessarily  Page 13 CITY COUNCIL PROCEEDINGS APRIL 21, 2020 questions towards the Council; would we still need to read everything or is there a way to maybe just read the questions that come to the Council about this particular item. Jennifer Magana City Attorney stated in the guidance received from the Kansas Attorney General to make meetings during this time where we are not able to have the public; there was guidance to be as inclusive and transparent as possible. Stated there is not clear regulations as to what comments from the public should be included or not and in the abundance of caution, it is her opinion that we include all comments as part of the record with an encouragement that we would at any other meeting, that comments stay on topic and be directed to the topic at hand. Stated she doesn't believe we have the ability at this point unless they are very clearly misdirected, to avoid those. Council Member Johnson asked if it is possible to maybe get guidance for the future since this is kind of a new normal on how to handle that because he thinks a lot of what is being said and the back and forth amongst three people, does not see the benefit in the Council Meeting. Stated it is something we would not allow if they were at the podium. Jennifer Magana City Attorney stated we are in new territory here and we can evaluate that and give guidance going forward. Council Member Frye stated he doesn't even have access right now to the comments, you guys are looking at it in real time and I don't and that isn't fair to all of us on the Council. Mayor Whipple stated if you would like we could recess and he could allow you to go get your laptop, would that be appropriate? Council Member Frye asked how many more comments we have. Council Member Johnson stated there are a lot from where we stopped, probably at least 30 new comments and a lot of that is back and forth with the citizens and not directed to the Council. Council Member Tuttle asked if this position is currently on the staffing table. Bob Layton City Manager stated no it is not, we don't have a vacancy. Council Member Tuttle asked if there is budget right now for this position in fiscal year 2020. Bob Layton City Manager stated no not this specific position in the Mayor and Council budget. Council Member Tuttle stated we know right now we are in a budget shortfall and will be having a budget retreat after this, so we are not in a position to generate new revenue so if are going to fund this then we have to cut something else and most likely other staff. Bob Layton City Manager stated that is correct or take advantage of salary savings from open positions. Council Member Tuttle stated other departments could essentially suffer if we allow this position to be created and asked if we are in a hiring freeze right now. Bob Layton City Manager stated yes.  Page 14 CITY COUNCIL PROCEEDINGS APRIL 21, 2020 Council Member Tuttle stated did we ask you as part of your work plan for this year, to conduct a staffing study of communications and community service to see if there is opportunities for duties to be shifted so that the Council and Mayor can be better served with our needs. Bob Layton City Manager stated yes you did and that is what he referenced to the Mayor. Council Member Tuttle stated that is to be completed by June 30th give or take. Bob Layton City Manager stated that is correct. Council Member Tuttle asked if contracted employees usually allowed to have benefits. Bob Layton City Manager stated the Human Resource Director is available to answer that question. Chris Bezruki Human Resources Director stated we currently do not have contract employees that receive any benefits like that especially health insurance. Mayor Whipple asked if our contracted employee who currently serves the Council have benefits. Chris Bezruki Human Resources Director stated under the City Manager's contract believes he does. Mayor Whipple stated so contracted employees do have benefits or at least one and would not be an entirely foreign concept. Chris Bezruki Human Resources Director stated he can understand what you are saying. Mayor Whipple stated for the budget shortfalls, has the situation since we last spoke in our public budget committee meeting with the five to 10 million dollar forecast for shortfalls; has that changed at all since today's budget meeting that we are about to head in to. Bob Layton City Manager stated no, eight to 10 million dollars is what we are looking at in the general fund. Mayor Whipple asked if there has been any analysis of the stimulus package that came from the federal government that could possibly change that eight to 10 million dollars that you are currently setting. Bob Layton City Manager stated we spent a significant amount of time on that, you and I have discussed that and have discussed it with Council Members. Stated it is really uncertain right now what if any assistance we are going to get from the previous stimulus bill, the question is what is going to happen in the future. Stated the county is receiving funds that could be allocated to cities throughout Sedgwick County, haven't determined yet what that formula would be for distribution and more importantly, there is significant limitations today on how those funds would be used. Stated right now we are only able to use them for expenses that we can justify as COVID related and they specifically won't allow us to use it for revenue shortfalls and is something we are working with our federal delegation on trying to get changed. Mayor Whipple asked the Manager if he recalls their email Friday, March 20th at 4:07 p.m. when you discussed the hiring freezes and the response was, "I support the language so long an understanding that Council and Mayor Staff is essential specifically during these tough times."  Page 15 CITY COUNCIL PROCEEDINGS APRIL 21, 2020 Bob Layton City Manager stated he thinks that was your statement and remembers that. Mayor Whipple asked if he recalls of anyone pushed back or yourself pushed back on that statement. Bob Layton City Manager stated he does not recall responding. Public Comments (continued): Ted Bush - this decision is needed and separates the elected officials from the hired positions, it is transparency and accountability to those who vote. Esau Freeman - I want to give a shout out to all the essential City employees, thank you for keeping the City running and remember how important clean drinking water and there is working sewer is much appreciated. Ted Bush - it is unbelievable that the City Manager has an assistant but the Mayor does not. The Mayor needs tools to do the job he was elected to do. Amy Lyon - why do we keep using this person for transparency that is stating that the Mayor and not one Council Member can be trusted. Esau Freeman - many of the essential City employees would like to know about hazard pay, is anyone willing to make a motion about that. Amy Lyon - these questions you raise are far more important than this ridiculous conversation. Bill Stout - still avoiding the question as to why we are spending money on hiring someone to assist the Mayor when the City of Wichita is closed and people are out of work. Ted Bush - the City of Wichita is closed because the Governor closed it. Bill Stout - are any of you willing to forego your salary until such time the people you represent are able to return to work. Amy Lyon - further policy research is why you have this wonderful legal advice you are hearing now. Christie Benton - it is embarrassing that our City Council is discussing hiring a $70,000 annual employee when so many cities are furloughed and can't pay their bills; isn't there more important business to discuss. Ted Bush - that was a state order to close the City, not a City order. Donna Wirth - I still don't understand the difference between the research the Mayor does to learn about the duties, needs within the City departments with the budget etc. versus what done by this new person. Bgarten6306 - people who voted for Lindy Wells is seeing the results of that vote. Bill Stout - these are our elected officials, shouldn't they be showing compassion and stand in solidarity with the people of this community.  Page 16 CITY COUNCIL PROCEEDINGS APRIL 21, 2020 Bgarten6306 - what does the City charter and election rules say about recalling a Mayor? Ted Bush - because all information the Mayor gets is filtered through the City Manager's office and sometimes the City Manager is at odds with the Mayor. Aaron Walker - one problem is that reinstating the old position implies the Communication Events position would then be eliminated, I think that was part of the question just posed. Donna Wirth - so will the new person end up schooling the Mayor on subjects we expect the Mayor to be learning on his own. Greg Ferris - pretty simple, take the current position and make it be as it was. Bgarten6306 - he is not prepared and bumbling every time he makes a statement and exudes no confidence in me for his abilities. Susie Cunningham - in many decisions the Council references Sister Cities as an example in which to form policy. Who are our Sister Cities and do they have a position focused on research policies such as Deputy Mayor. Amy Lyon - he is not prepared and why aren't we talking about cut City employees, the pandemic and masks for everyone. Esau Freeman - God bless the City workers, keep running your City smoothly, big thank you to all the employees who make less than $30,000 a year and have been showing up to work every day, my heroes. Ted Bush - what you are seeing here is the City Manager and many of the City Council doesn't care that the majority of Wichita votes for Whipple. The City Manager runs the City, not voters. Bgarten6306 - the majority of those who voted, voted for someone other than Whipple actually. He was elected with a plurality. What does the City charter and the election rules say about recalling a Mayor? Ted Bush - that is a slick and dishonest way of saying the candidate you voted for lost, he won the election. Bill Stout - not Ted, what you are seeing is the Mayor is trying to spend $70,000 a year to hire someone with our money while the people of Wichita are out of work and struggling. Dujuan Walsh - Bob manages the City and serves at the pleasure of the Council, he is check on the governance of the Council, and he can be dismissed at will. Ted Bush - it is not $70,000 you are not telling the truth, same as the previous position that was cut by the last Mayor. Rhonda Cox - Bob is a gatekeeper and some increased checks and balances is needed, there is a reason the City has the reputation for retaliation against employees. Ted Bush - Dujuan name one time that the Council voted down a provision implemented by the City Manager.  Page 17 CITY COUNCIL PROCEEDINGS APRIL 21, 2020 Mayor Whipple asked if that is all of the comments. Karen Sublett City Clerk stated no there are still quite a few comments. Mayor Whipple stated he wants to be transparent and make sure all comments are read but was under the impression by reviewing this with the Manager and his conversations with Legal that the current document is ready for prime time and is guessing it is not, so he will be making a motion to table this until the next public meeting so that we can have people come in give their comments here at the podium so that we don't wind up in a similar situation but is not sure if he can make that motion until all the comments are read. Bob Layton City Manager stated Council Member Johnson indicated that under our normal circumstances you wouldn't allow someone to come back to the podium to go back and forth; is it possible that we only read comments from this point forward from people who have not commented before? Stated that would be keeping with your policy as we are live. Mayor Whipple stated that was his question when we first started this was how do we abide by the five minute rule while also getting to the core of what is being asked. Stated it sounds like Legal has already made the determination that all comments need to be read into the record before we can move forward. Stated his intent at this point because as mentioned, this document was ready prime time for the whole weekend, it appears that it does need more adjusting and will be motioning to table this until the next public meeting in which people can be here; does that motion cut off debate from the public is the question, should we continue to read the list or if I was to make this motion, is that a primary motion. Jennifer Magana City Attorney stated it is her belief that comments that have already been made to be written into the record at this point, the motion and action would then cut off further comments. Mayor Whipple stated and therefore the motion would be unjustifiable if it cuts off further comments; do further comments take precedence over the motion to table? Jennifer Magana City Attorney stated you can make a motion at any time you deem appropriate. Council Member Johnson stated if we are looking at getting a legal opinion from the Attorney General's office, is there a way to add that to the beginning of our meetings, kind of have a welcome video but will take a specific question from and individual and encourage them to take that question out and that way we see the name, the question and then we can respond to it but we would give proper notification before the meeting starts that is what we are looking at; rather than reading into the record the back and forth between citizens. Stated if there are legal issues with what the Mayor has proposed, if the Mayor is going to make a motion to table this, can we get those modifications made so that when this comes back up it is a document that checks all the legal things. Jennifer Magana City Attorney stated her recommendation is we take a review of what has been discussed and issue a comprehensive legal analysis. Mayor Whipple stated his intent is to do the right thing moving forward and as mentioned, every Mayor that he did research on for the past 12 years, is seems coincidental that a person who they had previous experience with also, got the assistant position or equivalent. Stated he wanted to find a way to allow that process to come to light and perhaps exercising the document that maybe the Mayor doesn't have a vote  Page 18 CITY COUNCIL PROCEEDINGS APRIL 21, 2020 and maybe there is a way we can do this moving forward, thinks would meet his intent and also ensuring that we fall under the right guidelines for the members here who have expressed concerns about those guidelines. MOTION: Mayor Whipple moved to table item that falls under Council Member Agenda for the consideration of the Deputy of the Mayor and would like this to be put on the agenda for the next public meeting in which the public can attend to make sure their voices are heard and that this is done in the most transparent fashion. Council Member Johnson seconded the motion; stated he would offer a friendly amendment to maybe just say the next in-person Council Meeting. Mayor Whipple stated he will accept that as a friendly amendment to his motion. AMENDED MOTION: Mayor Whipple moved to amend table item that falls under Council Member Agenda for the consideration of the Deputy of the Mayor and would like this to be put on the agenda for the next in- person public meeting in which the public can attend to make sure their voices are heard and that this is done in the most transparent fashion. Council Member Blubaugh stated he wants to be respectful to our colleagues who do not have access to a computer or public comments. Stated maybe we don't have the procedure quite right but wants to make sure we all have the same transparency and is a little bit gun shy moving on without making sure they all have the same information and probably need to take the opportunity to look at the comments on the new motion and wants to make sure we are following the best practices. Mayor Whipple stated tabling this until the next meeting will allow us to gain more communication with the public. Stated things that he has discovered over 300 comments on Council Member Johnson's Facebook feed. Stated there is some miscommunication on what the intent is here and some information going back and forth brings people to an understanding what the intent of this is and thinks public comment is always necessary and his hope to table this and bring it up later will allow that not only on line but also in person. Vice Mayor Claycomb stated she struggles with this a little bit because we already have an action plan for the City Manager to conduct a comprehensive organizational analysis of our Communications Department, our Community Services Department including the City Council office staff that is due to us June 30th. Stated her understanding is the City Manager offered temporary assistance with a minor reorganization to assist the Mayor until this comprehensive organizational analysis could be completed and he declined that. Bob Layton City Manager stated we have talked about alternatives in moving a staff member or using the existing staff member and our conversation has been that is not what the Mayor wanted to accomplish. Vice Mayor Claycomb stated she struggles with this a little bit even tabling it. Stated the comment was made that this hasn't come up for a vote in the past and that is because the former Mayors were not trying to go out the current form of government. Stated the one time in her research where a Mayor went outside the current form of government it actually did come to a vote like this. Stated she is struggling with tabling this a little bit.  Page 19 CITY COUNCIL PROCEEDINGS APRIL 21, 2020 Mayor Whipple stated we are tabling it to ensure the document stays within the boundaries of our current form of government given the comments that the Vice Mayor has echoed. Stated his thought coming today with this proposal as it was being worked on not only had the help of other Council Members but of staff and of the Manager, was that it fell within those boundaries. Stated the goal is to table this to ensure without any reasonable doubt, that it does fall within that and to make sure as we move forward that we reinstate a position that has either itself been in place or the equivalence has been in place for at least 20 years. Council Member Frye stated that the motion is on the table right now is to delay it until the first public agenda opportunity. Mayor Whipple stated yes. Council Member Frye stated we have also discussed the action plan that we have with the City Manager to review staffing as it relates to our Communications team, our community service representatives etc. Stated because we are still waiting on that and we still don't know when the public agenda opportunity might be, it makes sense to delay it at least until that staffing study is complete so that we can review all of the information including all of the staff positions. Stated he would ask for a friendly amendment to the motion to delay it until the staffing study is complete and presented to Council. Mayor Whipple asked staff if a substitute motion have an additional substitute motion amended into it. Jennifer Magana City Attorney stated there has not been a substitute motion, there is one motion, a second, if someone would like to make a substitute motion you can or if the Mayor chooses to make a friendly amendment that would remove the need for a substitute motion, it’s one of those two options. Council Member Frye stated that is his substitute motion. Mayor Whipple stated his understanding is the Council Member from District I created an alternative motion, in which the maker of the motion accepted. Jennifer Magana City Attorney stated she believes the friendly amendment was just that and not a substitute motion. Mayor Whipple asked staff to explain the difference. Council Member Frye stated pushing it back to adjust his timeline in his motion from first available public meeting opportunity to at such point in time the Manager is able to present the staffing study results to us, which is June 30th. Mayor Whipple stated he was just asking Legal for an amendment to the motion by Council Member Johnson, how is that different than a substitute motion by Council Member Frye. Jennifer Magana City Attorney stated a substitute motion can be taken up immediately before the underlying original motion is made. Stated a substitute motion is a standalone motion and not an alteration of the first motion.  Page 20 CITY COUNCIL PROCEEDINGS APRIL 21, 2020 SUBSTITUTE MOTION: Council Member Frye moved to delay the assistant or anything equivalent to an executive assistant to the Mayor and Council until the end of June 30th and when the staffing study is complete and presented to the Mayor and Council. (Second by Vice Mayor Claycomb) Mayor Whipple stated his understanding is that he thought that was suspended; that wasn't suspended in our last meeting when the revisions of the expectations moving forward. Stated he thought there were discussions that was suspended and that many of those were met or is the staffing study you are going to do two months from now still on target. Bob Layton City Manager stated his understanding was there was one project that was being suspended in terms of time frame and had one item to get completed by the end of March and that was the project that was suspended. Stated he had met several others that had earlier dates prior to COVID-19 and then he has the staffing study, which comes a little later. Mayor Whipple stated the staffing study that comes later is due by June 30th and the motion on the table right now that has been seconded is to suspend talks of a full time assistant to help out with the Mayor and the Council until the conclusion of that study but will be no later than June 30th. Council Member Frye stated suspend talks on this action that is being requested whether or not a full time assistant, because he believes we have that staff already in place. Stated to be clear he is saying to suspend talks on this request/action until such time we have the staffing study complete and presented to Council by June 30th. Mayor Whipple stated the follow-up to that is your motion doesn't actually conclude that during that staffing study there will be an analysis of the need of this position because in your analysis the Director of Communications and Events already fills the executive assistant of the Mayor and Council position on June 30th will we get an analysis from staff that shows if this position is needed going forward. Council Member Frye stated he would hope that the analysis that we get by the 30th demonstrates that staffing for the Mayor and Council and justifies the need for those positions to best serve us going forward. Mayor Whipple stated the second thing you said was an opinion and not a direction to the staff then. Council Member Frye stated he didn't think you asked for direction of staff, he was just clarifying his position. Mayor Whipple stated he just wants to make sure that the motion is that when we come back on the 30th and we have the report, that it is clear that this position will be part of that explored when we do a staffing analysis just in case that his four months of experience here is wrong and we don't need to actually go back to 20 years of precedence in which the Mayor actually needs professional help to fulfill his duties. Council Member Frye stated to clarify, believes we have the position, you are just not utilizing the position to best suit the needs of the office. Stated it is pretty clear by the job description that it is very supportive of the Mayor and the Council office.  Page 21 CITY COUNCIL PROCEEDINGS APRIL 21, 2020 Council Member Clendenin asked the City Manager, in his comprehensive analysis in the staffing study, are you considering the Assistant to the Mayor and our CSR positions and how they are going to fit in, in the future. Bob Layton City Manager stated the short answer is yes, the instruction he had from the Council is to see how to best utilize staff to serve the current needs of the Mayor and Council both in terms of day-to-day staffing and communications and is there a better way to do it within the current model. Council Member Clendenin stated the whole point is to not just to serve us but it helps us serve the community. Bob Layton City Manager stated he thinks there has been a lot of discussion about outward facing. Council Member Clendenin stated in the eight years he has served on this bench, as we are looking at this position, we are looking at our CSR positions, in conjunction with the rest of the organization of City Hall, it really is probably the best thing to do as we as policy makers look at everything holistically and make sure we are analyzing everything as they are inter-connected because we are all inter-connected in everything we do. Stated he wants to make sure as we go forward, that staffing study is really looking at that and thinks it is important for the public to know that the discussion we have had previously is just in a way to better serve the public to be more transparent and to allow us to work better together with the Mayor's position. Stated we have an amazing opportunity right now to make sure we are serving the public even better in the future and knows this whole Council has that heart as they serve the City moving forward. Mayor Whipple stated Council Member Clendenin better articulated his concerns as well that this will be looked at holistically with this plan included despite some opinions that might believe this is unnecessary no matter what going forward. Council Member Tuttle stated she completely agrees to wait until after the staffing study but her other concern that she mentioned previously, is we are in a hiring freeze right now and it would be almost impossible for her to add a position to our staff when we are not allowing other staff to be hired to fill positions that already exist. Stated one of the things she has done in the last week is reach out to non for profit, businesses, institutions of higher learning as well as other municipalities and asked them the same question, are you hiring anyone right now and specifically are you creating new positions and unequivocally every one said no. Stated the optics of us adding a position when we don't know if we need it and we don't know how we are going to pay for it when we have a hiring freeze, would communicate to our constituents, the community, partners and stakeholders that we are doing something different than everybody else is doing. Stated everyone in the community, our state and our nation and the world right now is considering how they can best utilize resources, conserve resources and the goal would be to bring everyone back from the furlough to be at the appropriate point to lift the hiring freeze. Stated she wants to make sure that we consider that because even if after the staffing study we look at this and we are still in a hiring freeze, it's a moot point, the position could be created but we would not be able to pay for it. Council Member Blubaugh stated he would like to read some comments sent to him by former Council Member Paul Gray who served on this bench for eight years. Stated the Mayor is a position that is a leader amongst equals and has never been and executive position and should not become one now, perhaps more focus should be put on the position at hand and not a way to pass off work to any unnecessary party. Stated the only reason he brings this up is because he wants to have connectivity with  Page 22 CITY COUNCIL PROCEEDINGS APRIL 21, 2020 Council Member Clendenin's opinion as well that says this should be a holistic decision and to make sure that we all have the resources to do our job appropriately. Mayor Whipple stated he also has been in discussions online with the former Council Member and he also has recognized that during his tenure he has served with an executive assistant to the Mayor and Council City. Stated thinks there was some miscommunication from our friend and former colleague on what the intent of this is. Stated he is in support of waiting until the study is concluded. Stated every day when he talks to the Manager and asks for a path forward with this, did not think this could be part of that holistic study. Stated he thought moving forward this was the only path he had and is okay with going another two months without the same type of help that other Mayors have had as long as this will be analyzed and thinks it is a smart way going forward and accepts the amendment during this trying time. Council Member Tuttle stated she wants to clarify that when we do the staffing study it is to look at what we have and to see if there are opportunities for realignment to better utilize the staff in the positions that we have. Stated the end is not just to add a position, the end is to see how we can best use the pieces and the people that we already have and doesn't think it is anyone's expectation of how it is going to look until we take a view of what we have. Mayor Whipple asked staff if there is a description of the goals and outcomes of the staffing study that he could distribute to each of them so that they can refer to ensure we are all on the same page moving forward. Bob Layton City Manager stated he can give you what you gave me, which is part of his review. Mayor Whipple stated his understanding it was to initiate a staffing study and would like to know details on what that study looks like moving forward. Stated the review part that you just cited was directing the initiative for the study so once we get to the nuts and bolts, if the Council could get a copy of what that study is seeking to find and the mechanisms of that study. Bob Layton City Manager stated he will be more than happy to provide an outline of what it is we will be looking at. Vice Mayor Claycomb thanked her colleagues for all recognizing that we are here to serve our constituents and that is what we are all trying to do to the best of our knowledge and abilities. Stated she wants to make it clear that in the interim before the comprehensive study is done that the Mayor does have support. Stated if you look at the Communications and Special Events Manager position it says, "performs professional and confidential work for the Mayor, primary emphasis is on relieving the Mayor in routine tasks and administrative functions, the position is usually the initial point of contact for the Mayor." Stated it does have support for City Council also but does not want the citizens of Wichita to think that the Mayor is not being supported out of our office. Stated we have professional staff that work in our office to support the Mayor and the Manager has offered additional temporary support and does not want our constituents to think that we are not supporting them in doing their work during this time of the study. Mayor Whipple asked staff if that additional temporary support still on the table. Stated he was unaware that it was available. Bob Layton City Manager stated yes we have a staff member that we have made available to you on occasion and can make that a little more permanent arrangement during this interim.  Page 23 CITY COUNCIL PROCEEDINGS APRIL 21, 2020 Mayor Whipple stated he would love to hear the details of that and for clarification on the Vice Mayor's comments, reading the original document from H.R., on the Communications and Special Events Manager position that the staff and Mayor giving the updated realities that we now have a Director of Communication, who has instructed him to no longer ask her for tasks but to ask him for those tasks; is he to ask him for the tasks that he expects out of her to help assist the Mayor moving forward? Bob Layton City Manager stated we can talk off line but you have the right to request that information directly in terms of what you need to service you. Stated if it is a bigger project that can be done through that office than obviously the Director of Communications can help. Motion carried 7 to 0. X) COUNCIL MEMBER APPOINTMENTS AND COMMENTS 1.) Board Appointments - None. Council Member Tuttle stated she was able to reach out to Blue Cross and Blue Shield of Kansas and ask them if we might get some assistance. Stated we have vulnerable populations throughout our entire community but through working with the Director of Housing and our Director of Transit, we made a proposal to Blue Cross and Blue Shield that they will be providing weekly deliveries of food for our senior towers, we have 186 residents who will receive food once a week and we want to ensure that the food is as healthy as it can be. Stated this was a fantastic opportunity to serve some of our most vulnerable especially when we have a stay at home order or even after it is lifted we don't want our seniors to get out and to be exposed to this Pandemic. Council Member Johnson stated he appreciates the dialogue from everyone on every topic but also today, it was a good deep dive on the discussion about this and wants to remind everyone that Friday at 3:00 p.m., we will have a call with Senator Moran's office, Secretary of Commerce David Poland’s office as well as Wayne Bell with SBA on conversations to help out small businesses here in Wichita. Stated he is interested in hearing about navigating federal funding efforts, which is valuable information for Senator Moran and Congress and they discuss the next round of stimulus and maybe removing some hurdles for small businesses will be a benefit and encourages everyone to tune in and join in that discussion. Stated it is on the City of Wichita Facebook page and other media outlets and we are taking questions, comments and concerns now so that we can submit them so it can be a valuable call Friday at 3:00 p.m. Mayor Whipple stated he appreciates the discussion on this, this has been something he has been working on and feels like having this as part of the study brings us a little bit further along and looks forward to visiting this topic and how to be a global picture on how to serve our community better, which is one value we do all share. RECESS - EXECUTIVE SESSION (Council Member Frye momentarily left the bench) MOTION: Mayor Whipple moved to recess into Executive Session for 15 minutes to receive information on negotiations of settlement of a potential claim for insurance proceeds pursuant to K.S.A. 75-4319(B)(2): for legal consultation with the City Attorney which would be deemed privileged in the attorney-client  Page 24 CITY COUNCIL PROCEEDINGS APRIL 21, 2020 relationship and claim settlement. The Executive Session is required to protect attorney-client privilege and the public interest. The Executive Session of the matter will begin at 11:15 a.m. and end at 11:30 a.m. City Manager Layton asked he has another item just for your consideration and doesn't think he needs a vote on it but if we could talk about it before you go into Executive Session; it is related to next Tuesday's Council Meeting. Mayor Whipple stated the floor is yours and asked Legal if he can have the Manager speak to a secondary item since there is a motion on the table. Jennifer Magana City Attorney stated you may. Bob Layton City Manager stated staff brought to his attention that we have a consent agenda next week and we are not going to do a workshop afterwards; would you prefer to that on Microsoft Teams instead of having the meeting here. Stated we need to get public notice out that we are going to do it in a little different way. Vice Mayor Claycomb asked if there will not be a retreat after next week's Council Meeting. Bob Layton City Manager stated the retreat is the following day. Council Member Frye stated he thought there was some discussion about a workshop on revising the incentive policy. Bob Layton City Manager stated that is the 29th, instead of doing that as a budget retreat, we are going to do it as an economic development retreat. Mayor Whipple asked if there is any objection to an electronic meeting next week; there were no objections. Motion carried 7 to 0. RECONVENE The City Council reconvened in the Council Chambers at 11:15 a.m. ADJOURNMENT The meeting was adjourned at 11:31 a.m. Respectfully submitted, Karen Sublett, MMC City Clerk  Page 25 CITY COUNCIL PROCEEDINGS APRIL 21, 2020 II) CONSENT AGENDA ITEMS 1 THROUGH 16 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 April 21, 2020.docx 2) PRELIMINARY ESTIMATES: a.) List of Preliminary Estimates. Attachment: PEsforCC_04-21-20.pdf 3) PETITIONS FOR PUBLIC IMPROVEMENTS: a.) Petitions for Improvements to Serve Northgate, Northgate 2nd and Northgate 3rd Additions. (District VI) Attachment: Agenda Report No. II-3a.doc Attachment: Supporting Documents Attachment: Resolution 20-097 (004499) Attachment: Resolution 20-098 (004500) Attachment: Resolution 20-099 (004501) Attachment: Resolution 20-100 (004503) Attachment: Resolution 20-103 (085438) Attachment: Resolution 20-104 (085439) Attachment: Resolution 20-105 (085596) Attachment: Resolution 20-106 (085601) Attachment: Resolution 20-107 (085602) Attachment: Resolution 20-108 (085603) Attachment: Resolution 20-101 (004506) Attachment: Resolution 20-102 (004507)  Page 26 CITY COUNCIL PROCEEDINGS APRIL 21, 2020 b.) Petitions for Improvements to Serve Paddock Industrial Addition. (District IV) Attachment: Agenda Report No. II-3b.doc Attachment: Supporting Documents Attachment: Resolution 20-109 005276.docx Attachment: Resolution 20-110 005278.docx Attachment: Resolution 20-111 085604.docx c.) Revised Petition for Water Improvements to Serve Clear Creek and Clear Creek 3rd Additions. (District II) Attachment: Agenda Report No. II-3c.doc Attachment: Supporting Documents Attachment: Resolution 20-112 4) AGREEMENTS/CONTRACTS: a.) Worker’s Compensation Medical Bill Review Vendor Selection. Attachment: Agenda Report No. II-4a.docx Attachment: Medical Bill Review Services Contract.pdf 5) DESIGN SERVICES AGREEMENTS: a.) Supplemental Design Agreement No. 4 for Traffic Signal Timing/Optimization for Intelligent Transportation Systems (ITS). Attachment: Agenda Report No. II-5a.doc Attachment: SDA No. 4.pdf 6) MINUTES OF ADVISORY BOARDS/COMMISSIONS: Wichita Transit Advisory Board, January 15, 2020 Library Monthly Activity Report, March 2020 UNCATEGORIZED ITEMS:  Page 27 CITY COUNCIL PROCEEDINGS APRIL 21, 2020 7.) OVER ESTIMATE BID FOR THE PIKE ADDITION LIFT STATION AND FORCE MAIN. (DISTRICTS IV AND V) Attachment: Agenda Report No. II-7.doc Attachment: Bid Summary.pdf 8.) FALSE ALARM REGISTRATION AND MANAGEMENT SERVICES CONTRACT. Attachment: Agenda Report No. II-8.docx Attachment: Contract.pdf 9.) ACQUISITION OF A TEMPORARY CONSTRUCTION EASEMENT IN THE 13200 BLOCK OF WEST PAWNEE FOR THE ROAD IMPROVEMENT PROJECT, PAWNEE - 119TH TO 135TH STREETS WEST. (DISTRICT IV) Attachment: Agenda Report No. II-9.doc Attachment: Supporting Documents 10.) PARTIAL ACQUISITION OF LAND IN SECTION 23, TOWNSHIP 26, RANGE 1 EAST FOR THE 53RD STREET AND OLIVER AVENUE WATERLINE EXTENSION PROJECT. (DISTRICT I) Attachment: Agenda Report No. II-10.doc Attachment: Supporting Documents 11.) ACQUISITION OF A TEMPORARY CONSTRUCTION EASEMENT AT THE NORTHWEST CORNER OF WEST PAWNEE AND 119TH STREET FOR THE ROAD IMPROVEMENT PROJECT, PAWNEE - 119TH TO 135TH STREETS WEST. (DISTRICT IV) Attachment: Agenda Report No. II-11.doc Attachment: Supporting Documents 12.) ACQUISITION OF A TEMPORARY CONSTRUCTION EASEMENT IN THE 12800 BLOCK OF WEST PAWNEE FOR THE ROAD IMPROVEMENT PROJECT, PAWNEE - 119TH TO 135TH STREETS WEST. (DISTRICT IV) Attachment: Agenda Report No. II-12.doc Attachment: Supporting Documents 13.) Office of Juvenile Justice and Delinquency Prevention 2020 Strategies to Support Children Exposed To Violence FY 2020 Competitive Solicitation.  Page 28 CITY COUNCIL PROCEEDINGS APRIL 21, 2020 Attachment: Agenda Report No. II-13.doc Mayor Whipple asked staff to briefly review the contents of the grant. Lt. Christian Cory reviewed the item. Council Member Frye asked when we can expect the grant to be awarded. Lt. Cory stated later this year and we would be looking at a 2021, 2022 and 2023 respectively for the grant covering those areas and that would be for a police sergeant to run and monitor the grant and program and a police detective to start using that crime data and filing it in and partnering with the Sedgwick County District Attorney's office to overcome those legal hurdles. Council Member Blubaugh thanked Officer Watson for everything that he has done in the community and appreciates what he is doing out there to make a difference. MOTION: Council Member Johnson moved to approve the grant application and authorize the necessary signatures. Motion carried 7 to 0. 14.) SECOND READING ORDINANCES: a.) Second Reading Ordinances (first read April 14, 2020) Attachment: List of Second Reading Ordinances 04-21-2020.docx CONSENT PLANNING AGENDA ITEMS 15.) VAC2019-00037 – CITY VACATION OF A FRONT BUILDING SETBACK TO ALLOW A BUILDING ADDITION ON PROPERTY ZONED LI LIMITED INDUSTRIAL; GENERALLY LOCATED 500 FEET WEST OF SOUTH HOOVER ROAD AND 1,875 FEET SOUTH OF WEST HARRY STREET, 1831 SOUTH HOOVER ROAD. (DISTRICT IV) Attachment: Agenda Report No. II-15.docx Attachment: Vacation Order.docx Attachment: MAPC Mintues.docx CONSENT HOUSING AGENDA ITEMS - NONE CONSENT AIRPORT AGENDA ITEMS  Page 29 CITY COUNCIL PROCEEDINGS APRIL 21, 2020 16.) RUNWAY REHABILITATION PROJECT GRANT AGREEMENTS COLONEL JAMES JABARA AIRPORT. Attachment: Agenda Report No. II-16.docx Attachment: KAIP AAO Construction Grant.pdf Attachment: KAIP AAO Design Grant.pdf