City Council Meetings

Page 1 CITY COUNCIL PROCEEDINGS DECEMBER 15, 2020 MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, December 15, 2020 Tuesday, 09:00 AM The City Council met in regular session with Brandon Whipple, Cindy Claycomb, Jeff Blubaugh, James Clendenin, Bryan Frye, Becky Tuttle, 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 on December 8, 2020. MOTION: Mayor Whipple moved to approve the minutes of the regular meeting on December 8, 2020. Motion carried 7 to 0. I) PUBLIC AGENDA - NONE II) CONSENT AGENDA ITEMS 1 THROUGH 11 MOTION: Mayor Whipple moved to approve consent agenda items 1 through 11 in accordance with the recommended actions shown thereon. Motion carried 7 to 0. COUNCIL BUSINESS III) BOARD OF BIDS AND CONTRACTS 1.) Report of Board of Bids and Contracts dated December 14, 2020. Attachment: 12-14-2020 Board of Bids.pdf 2.) Wichita Airport Authority Report of Board of Bids and Contracts dated December 14, 2020. Attachment: 12-14-2020 Board of Bids WAA.pdf Hannah Lang Finance Department, presented the items.  Page 2 CITY COUNCIL PROCEEDINGS DECEMBER 15, 2020 MOTION: Mayor Whipple moved to receive and file report, approve the contracts and authorize the necessary signatures. Motion carried 7 to 0. IV) UNFINISHED COUNCIL BUSINESS - NONE V) NEW COUNCIL BUSINESS 1.) 2019-2020 HUD CONSOLIDATED PLAN ANNUAL PERFORMANCE AND EVALUATION REPORT. Attachment: Agenda Report No. V-1.docx Attachment: CAPER Doc from IDIS, 12-2-2020.docx Attachment: Sage - HMIS Report, 2019-2020.pdf Sally Stang Director of Housing and Community Services, presented the item. (No public comment) MOTION: Mayor Whipple moved to close the public hearing; approve the Consolidated Annual Performance and Evaluation Report; and authorize submission to the U.S. Department of Housing and Urban Development. Motion carried 7 to 0. 2.) DUNBAR THEATRE FACILITY IMPROVEMENTS. (DISTRICT I) Attachment: Agenda Report No. V-2.doc Attachment: Delineated Ordinance Attachment: Dunbar - Community Facility Grant Agreement Attachment: Dunbar - Public Facility Agreement Attachment: Ordinance 51-399 Sally Stang Director of Housing and Community Services presented the item. Council Member Blubaugh stated he thought there was some Hyatt funding that was involved with the Dunbar Theater and what is the closest other public facility for meetings in that area. Sally Stang Director of Housing and Community Services stated the Challenge Grant that was referenced is the Hyatt funding that was awarded to this project but cannot answer what is the closest community center to that facility.  Page 3 CITY COUNCIL PROCEEDINGS DECEMBER 15, 2020 Council Member Johnson stated the closest community center is MacAdams Park Recreation Center. Council Member Blubaugh asked how far it is from the Dunbar Theater. Council Member Johnson stated a half mile. Public Comments: 1) State Senator Oletha Faust-Goudeau stated she represents the 29th District and is very supportive of the Historical Dunbar Theater. Stated she has worked on many projects in her district and believes that supporting this agenda item for the Dunbar Theater will serve as a hub for education, economic development, and entertainment. Stated she believes if we build up one community, we build up the City and the entire state. Stated with COVID-19 we need ways to spur the growth of job creations, which is what will happen at the Dunbar Theater. Stated it will be a hub to help keep our youth here in the City of Wichita where they can go and showcase their talents and looks forward to working with each of the Council Members to continue growing the area where the Dunbar Theater will be. Stated it is maybe a mile and a half from Old Town and will connect us and help this City grow and will give that community pride and urged the Council to support this project. 2) Darryl Kelly stated he serves as a member of the Historic Dunbar Theater Advisory Board. Stated he is passionate about transforming this theater and surrounding campus into a beautiful multi-cultural performing arts and learning center. Stated there are three points he wants to leave with the Council today: 1) the arts are vital for our youth to be creative and to have outlets to showcase talent and learn new things. Studies have been done using the art side of the brain helps balance you out and aids in the learning process, the more analytical side of your brain. This project will help our City and region achieve this; 2) we know that the area surrounding the theater us economically depressed and needs attention. A project of this scale will be a catalyst to spark investment in this area like never before. The Dunbar MacAdams neighborhoods were once thriving epi centers of commerce. We believe this project shows a commitment to citizens and will be the first domino to fall to returning this part of our City back to a thriving community; 3) Right now our nation faces racial injustice and inequality, social and political unrest, a global pandemic and economic uncertainty and anxiety. We have the opportunity right now. This project can't be done in a vacuum. We have a chance to come together, we can take the lead, we can be on the big stage to show the world what true community looks like and asks everyone under the sound of his voice, let's work together to get this project done. 3) Lavonta Williams stated she is in support of this project and has been something that she has been investing herself, time and funds for the last 10 years. Stated MacAdams is the closest center to this project but is not talking about a center but the Historic Dunbar Theater, a place where our young kids can get a boost to performing arts. Stated they need this place that they can call a performing arts center or historic theater because we want them to understand the difference between a center and a place that is specifically for performing arts. Stated performing arts helps to increase the academics of our young people. Stated our middle school youth are the most vulnerable and if we can encourage our middle school youth and below and above, to get involved in performing arts; I am ready to save the academics of our young people and right now we are in a crisis. Stated as a performing arts center and theater, our young people receive the critical and creative skills that are needed for life-long learning. Council Member Frye stated since this has been going on for three years, how much money has been raised in relation to that challenge grant and what happens to that money with this scenario.  Page 4 CITY COUNCIL PROCEEDINGS DECEMBER 15, 2020 Sally Stang Director of Housing and Community Services stated in this scenario we are asking the challenge grant agreement as it was written to be terminated and enter into the new facilities grant. Stated we will be using just over $145,000 of that to reimburse the CDBG for the soft costs that are ineligible, which will be redirected back to the project. Stated no funding is lost. Stated her last report was that they raised $50,500. Council Member Frye asked what happens to that $50,000; is it not used for this construction renovation cost. Sally Stang Director of Housing and Community Services stated it is not in this community center space, that money was raised specifically for the theater renovations and for those donors that stay in the pot for the phase one theater renovations that we hope comes soon as the fund raising kicks back in. Council Member Blubaugh stated he appreciates Lavonta Williams answering his question and remembers we had a lot of discussion about the Dunbar in the past and there were a lot of concerns because we knew that it was going to be a steep climb to get the donations we needed to complete the Dunbar. Stated he likes the change and vision of it because overall the main priority was to preserve the building and ensure that the community could still utilize it and recalls that with the Hyatt funding, each Council Member had a discretionary amount to spend in their district, which is why he wanted the clarification that that was part of the discretionary funding that Council Member Williams had allocated to that and will be in support of this today. Council Member Johnson stated the Dunbar Theater project has made quite a bit of progress. Stated the floor has been poured, the building has been open and folks have been able to tour the building. Stated staff reported they raised $50,000 and there is another significant donation coming. Stated they are continuing to raise money and this next phase allows them to raise more and one of the goals was to have this space activated not only to serve the community but to show that we are making progress and that this is a project worth investing in. Stated this action today allows them to make another significant step towards that and start some programming in the area. Stated one focus of his is to get that entire community uplifted and there are some local investors looking at building homes in the area, which is another step towards making this dream for so many come true. MOTION: Council Member Johnson moved to place on first reading the amended ordinance revising the Dunbar Theatre Challenge Grant, terminate the Capital Loan Agreement and the existing Challenge Grant agreement, approve the budget transfer and funding recommendations, approve the CDBG Subrecipient Agreement and the Dunbar Theatre Facility Grant Agreement, and authorize the necessary signatures. Motion carried 7 to 0. 3.) FINAL ESG CARES ACT FUNDING ALLOCATIONS. Attachment: Agenda Report No. V-3.docx Attachment: WFCC Cond Cmt Letter.docx Attachment: ESG CARES HP Salvation Army Agreement.docx Attachment: ESG CARES HP-Center of Hope Agreement.docx  Page 5 CITY COUNCIL PROCEEDINGS DECEMBER 15, 2020 Sally Stang Director of Housing and Community Services presented the item. Council Member Frye stated when the Wichita Family Crisis Center (WFCC) moves this forward, will it come back to the bench for us to review. Sally Stang Director of Housing and Community Services stated absolutely the funding agreement will come back for your approval. Council Member Frye stated do we expect a timeline. Sally Stang Director of Housing and Community Services stated we have to expend by 2022 so if we don't have something moving forward within the next six months, we are going to have to look at trying to reallocate those funds to another project. Public Comment: 1) Amanda Meyers Executive Director of the Wichita Family Crisis Center stated there is a domestic violence crisis in Wichita and there is a lack of safe shelter space. Stated there are only two domestic violence shelters and a total of about 60 safe beds, which is woefully inadequate and between the two shelters we lack capacity pf about 40-50 victims every single month; we never turn anyone away but have been putting people in hotels at an increase of about 700% each year. Stated the pandemic hit and that has put them in the need for additional shelter space in the City and that is safe, confidential space for domestic violence victims which is very different from homeless shelter space. Stated as a result of the pandemic the WFCC is antiquated and is about 40 years old and is a repurposed doctor’s office so we have only two bathrooms for 25-27 victims, which means we have had to decrease capacity during COVID to keep people safe by about two-thirds. Stated we have had to decrease our advocates onsite because space is limited for them as well, which has caused them to use hotels even more, which impacts their ability to help victims. Stated it keeps them safe and alive but part of our mission is to help them become independent and productive citizens and we need to work one on one with them in order to help them do that. Stated this shelter project is very much needed and because of COVID and what we have been seeing over the past eight months, we recognize the urgent need to move forward with a capital campaign that we have been working on for years. Stated we are formally the YWCA and have been part of the Wichita community since 1907 and opened the first domestic violence shelter in Wichita in 1976. Stated we are well established and are here to serve this community and domestic violence is an issue that affects every one of us, every socio-economic level, every race, every ethnicity and keeping women and children alive, safe and to have productive, independent lives will serve this community at large. Stated this is not an independent and isolated issue. MOTION: Mayor Whipple moved to approve the CARES Act ESG funding allocations and authorize the funding agreements, the contingent award letter, and the necessary signatures. Motion carried 7 to 0. 4.) 2021 CONTRACT RENEWAL WITH VISIT WICHITA. Attachment: Agenda Report No. V-4.docx Attachment: Exhibit B 2021.pdf  Page 6 CITY COUNCIL PROCEEDINGS DECEMBER 15, 2020 Attachment: Exhibit C 2021 Sponsorships.pdf Attachment: 2021 Visit Wichita Contract Signed 120120 w Exhibit A.pdf Donte Martin Assistant City Manager presented the item. (Mayor Whipple left the bench; Vice Mayor Claycomb in the chair) Public Comment: 1) Susie Santo CEO Visit Wichita stated due to the pandemic they have had to pivot in trying to drive visitors into our retail establishments and hotels and getting locals to feel comfortable being back out again and anything we could do to support our industry and doing a lot of advocating for the additional CARES Act, which is a life-line to many of our organizations. Stated the industry has been hit hard but there is light at the end of the tunnel. Stated there is pent up demand and desire to travel and with the exciting news of the vaccine, is what we really needed for this industry as we begin to look forward to recovery in 2021. Stated she has had a lot of questions about the timing, our leisure visitors will come back first, we want to capture the share which is what these dollars will do to position us. Stated when you think about looking forward to 2021, it is about capitalizing on that leisure visitor but is also positioning us for the future because our future group business we are booking for the next year and the next year so our activities now have an impact that will set us up for success in the future. Stated she wants to thank the Mayor and Council for doing everything to keep our industry open and our doors open to our businesses and keeping us safe. Stated we gratefully appreciate that and our research indicates that the actions that you have taken from a visitor perspective, they were looking for that as they choose a destination and we look forward to turning the corner on the pandemic and seeing more visitors back into Wichita in the future. 2) Celeste Racette stated the problem with the Visit Wichita 2020 budget allocation is ethics. Stated the second problem is, it causes neglect of the historic Century II Performing Arts Center. Stated you are taking money away from the care of Century II and giving it to a pork agency, Visit Wichita. Stated Visit Wichita gets in addition to what they are asking for today, all of the tourism bid (TBID) and on top of that what they are asking for today is to dip into the fund for Century II by taking part of the transient guest tax. Stated what is being proposed here today for the 2020 budget allocation is almost two million dollars, which is roughly 56% of what they received for 2019 and yet as you saw their performance for 2020 was terrible. Stated this is abnormal year, COVID has definitely hit us with tourism and convention but this isn't going to change, convention is not going to come back as we have had in the past. Stated businesses have learned that they can send their employees to online zoom meetings to meet and greet and even do training centers with offices across the U.S. and across the world. Stated business and leisure travel is not going to rebound for five or six more years and some conventions are just not coming back. Stated be realistic, cut their contract and use the money where it needs to be; use the funds to take care of Century II. Stated Visit Wichita was not a good steward of our taxpayer funds and asked Visit Wichita last year why they were paying rent on offices in WaterWalk. Stated they are still paying over $200,000 in rent. Stated they should move into a City-owned building such as the former public library or into Century II and save $200,000 in rent. Stated there is a conflict of interest, Jim Korroch a millionaire developer is Chairman of the Board for Visit Wichita. Stated he has given at least the majority of you money to run for City Council positions. Stated he sits on as Chairman of the Board, Visit Wichita and oversees the relationship between the City and Visit Wichita and the amount of payments that are given for their budget, which has been so generous that in the last audited financial reports they had over two million dollars in cash balances and one million in investment securities. Stated Jim Korroch has tapped into the  Page 7 CITY COUNCIL PROCEEDINGS DECEMBER 15, 2020 hotel guest tax for his own private Fairfield Inn in WaterWalk beginning in 2014 and for 20 years after, the hotel guest tax money is being diverted to pay off four million dollars to help Jim Korroch a private millionaire developer. Stated in 2034 we are going to have to make a two million dollar balloon payment on this debt; how are we going to meet that obligation? Stated these things should not be tied together, he is also appointed to the River Front Legacy coalition which came up with the recommendation to destroy the historic Century II. Stated this just does not make ethical sense and is another reason why this City Council and Mayor Whipple need an ethics policy. Mayor Whipple stated we will be taking up the issue of ethics in future meetings not too distant from ours but as far as deferred maintenance and keeping up Century II, we reallocated earlier this year about a quarter million towards that and asked staff to address the progress on this and that the money we had allocated to put towards maintaining Century II is still ongoing. Bob Layton City Manager stated that is correct, we have an annual allocation for maintenance and repairs at Century II. Mayor Whipple stated and still for the next 10 years at the level in which we allocated earlier this year with the change of the pandemic. Bob Layton City Manager stated he believes it is over an extended period of time but cannot remember every year for 10 years. Council Member Johnson stated it was either $2 or $2.5 million that we approved over a 10 year period for Century II. Mayor Whipple stated regarding the concerns about ethics, we are working towards our ethics policy and will hopefully have that meeting within the first month of next year. Council Member Frye thanked the Visit Wichita staff, this year has been extremely challenging with COVID restrictions on travel. Stated it has decimated our hospitality industry across the City, restaurants, retail, attractions and hotels and Visit Wichita staff was not immune and made several cuts as well as they have pivoted and adjusted. Stated the focus that they had with supporting our local stores and restaurants and attractions while we weathered this storm was on point. Stated going forward we don't know how quickly this is going to come back but Wichita is uniquely suited in that we can be a drive to destination, air travel will take a little bit longer to come back but thinks the focus on being that drive to destination is on target and having the funds necessary to do those marketing expenditures and continue to program for our local businesses, is what is needed. Stated as a board member of Visit Wichita, takes Ms. Racette's questions and concerns very seriously and we will continue to work with staff to answer some of those questions but this is the right move for Visit Wichita at this time. MOTION: Mayor Whipple moved to approve the contract between the City of Wichita and the Wichita Convention & Tourism Bureau, Inc. d/b/a Visit Wichita. Motion carried 7 to 0.  Page 8 CITY COUNCIL PROCEEDINGS DECEMBER 15, 2020 5.) FUNDING FOR MULTI-MODAL FACILITY. (DISTRICT IV) Attachment: Agenda Report No. V-5.doc Attachment: Resolution 20-400 Paul Gunzelman Public Works Engineering, presented the item. (No public comment) Council Member Frye asked if this budget includes the demo cost and what is the construction method that we would use for the design construction. Paul Gunzelman Public Works Engineering stated this budget does not include the demo costs and the method we are at right now is a design bid build. Council Member Frye asked if we have an estimate on what the demolition will cost is going to be and a timeline for when it can happen. Bob Layton City Manager stated the Council approved that item on the consent agenda. Council Member Frye stated it didn't address the timeline. Bob Layton City Manager stated he doesn't recall that it did. Paul Gunzelman Public Works Engineering stated it is to begin immediately. MOTION: Council Member Blubaugh moved to approve the budget, adopt the resolution, and authorize the necessary signatures. Motion carried 7 to 0. 6.) FUNDING AND SUPPLEMENTAL DESIGN AGREEMENT NO. 2 FOR IMPROVEMENTS TO WEST STREET, HARRY TO PAWNEE. (DISTRICT IV) Attachment: Agenda Report No. V-6.doc Attachment: Supporting Documents Attachment: Resolution 20-401 Gary Janzen Public Works Engineering, presented the item. (No public comment) (Mayor Whipple momentarily left the bench; Vice Mayor Claycomb in the chair)  Page 9 CITY COUNCIL PROCEEDINGS DECEMBER 15, 2020 Vice Mayor Claycomb asked staff to go back to slide 88 (Recommended Option continuous Green Tee Intersection) and asked if we are reconfiguring Southwest Boulevard. Gary Janzen Public Works Engineering stated we are. Vice Mayor Claycomb asked if the little streets off of there on the slide are access roads to some of those properties where Southwest Boulevard won't run through there. Gary Janzen Public Works Engineering stated correct those are access roads. Vice Mayor Claycomb stated she thinks this makes sense but was kind of concern about those properties. MOTION: Council Member Blubaugh moved to approve the design concept, revised budget, Supplemental Design Agreement No. 2, adopt the amending resolution, and authorize the necessary signatures. Motion carried 7 to 0. 7.) OWNER’S ADVISOR FOR THE BIOLOGICAL NUTRIENT REMOVAL CONCEPT PHASE PROJECT. Attachment: Agenda Report No. V-7.doc Attachment: Resolution 20-402 Attachment: NOI 20-402 Attachment: Resolution 20-403 Attachment: NOI 20-403 Attachment: Garver Wichita BNR OA Contract Combined.pdf Alan King Director of Public Works & Utilities, presented the item. (Council Member Blubaugh left the meeting) (No public comment) MOTION: Mayor Whipple moved to approve the OA Concept Phase contract with Garver, approve a waiver of the use of project savings policy, adopt the amending resolutions, and authorize the necessary signatures. Motion carried 6 to 0, (Absent: Blubaugh).  Page 10 CITY COUNCIL PROCEEDINGS DECEMBER 15, 2020 8.) NAMING ADVISORY COMMITTEE FOR EVERGREEN LIBRARY/COMMUNITY CENTER. (DISTRICT VI) Attachment: Agenda Report No. V-8.doc Sarah Milligan, CMO fellow, presented the item. (No public comment) Council Member Frye stated the Hyatt Hotel sale continues to give, we had two projects today that are going to benefit from it. MOTION: Vice Mayor Claycomb moved to designate the Library Board of Directors to serve as the Naming Advisory Committee for the new community facility. Motion carried 6 to 0, (Absent: Blubaugh). 9.) 2021 INSURANCE PROGRAM. Attachment: Agenda Report No. V-9.docx (Council Member Johnson momentarily left the bench) Verl Niedens Finance Department, presented the item. (No public comment) Bob Layton City Manager asked staff to talk to the Council on how he analyzes the impact of the deductible options. Verl Niedens Finance Department stated we asked our broker to do a study on the probability of loss from the deductibles and based on the information we have and based on the values and the probability of an actual storm moving through and hitting several of our locations, we felt the probability was like a .04% chance of every 500 years. Stated the probability is low and felt that increasing the flood deductible from $250,000 to $500,000 and in the 25 years that he has been here, we have never had a flood claim at all and felt we needed to take advantage of some cost savings by increasing the deductible on something that is not likely to occur. MOTION: Mayor Whipple moved to receive, file and ratify the 2021 Insurance Program, subject to any necessary minor modifications and verification of coverage details. Motion carried 6 to 0, (Absent: Blubaugh). 10.) ORDINANCE CREATING THE DIVERSITY, INCLUSION AND CIVIL RIGHTS BOARD. Attachment: Agenda Report No. V-10.doc Attachment: Diversity Inclusion and Civil Rights Advisory Board Facilitation and Support Proposal  Page 11 CITY COUNCIL PROCEEDINGS DECEMBER 15, 2020 Attachment: Proposal Timeline - Draft.docx Attachment: Ordinance No. 51-400 Donte Martin Assistant City Manager, presented the item. (No public comment) Vice Mayor Claycomb stated she is in favor of creating this advisory board but has some technical questions about the ordinance. Stated it is not clear to her who appoints the 17 members; it says that they shall be appointed from the broadest possible base and from these groups and then at the end it says six community members, one appointment per Council Member and asked who appoints the other 11. Donte Martin Assistant City Manager stated it is the intent of the ordinance for the Mayor and City Council to appoint all members of the board. Vice Mayor Claycomb asked if we could say that in the ordinance and doesn't see that it says that. Jennifer Magana City Attorney stated yes it is the intent but for clarity purposes we can certainly add that those members are appointed by the Mayor and Council and then the other appointments are by individual board members. Vice Mayor Claycomb stated her next question has to do with the statement that they shall disclose any conflict of interest. Stated it should probably say as defined in their bylaws, otherwise there is no definition. Donte Martin Assistant City Manager stated staff can make that change. Vice Mayor Claycomb stated section 7, item 7 says "the City Council shall reserve the right to review all decisions of subsidiary boards and commissions except as may otherwise be provided by law, in order that aggrieved citizens may have the right of appeal to an elected body from the decision of an appointive body of the City." Stated she is not sure why that is in there because this is an advisory board. Jennifer Magana City Attorney stated yes as written there is no authority for this board to sit and make rulings like that so this language is probably not relevant to this ordinance as it is to maybe some other boards so it would be her recommendation to strike it before the second reading of the ordinance. Vice Mayor Claycomb stated she doesn't want anybody to think that the board has some sort of authority to make accusations or findings against citizens and that kind of implies that. Stated there is a secretary position on this board and it says that the elected secretary will be responsible for recording, preparing and maintaining minutes. Stated most of the boards she serves on there is an ex-officio person that does that and knows we have had ex-officio secretary defined earlier and thinks it would be a lot for a volunteer to be responsible for that. Donte Martin Assistant City Manager stated he doesn't think that would be a problem and thinks much of the language you see in the ordinance is adopted from other boards throughout the City and it makes sense in this case if we have an ex-officio to serve in that capacity.  Page 12 CITY COUNCIL PROCEEDINGS DECEMBER 15, 2020 Vice Mayor Claycomb stated her last question has to do with the approval of the board's bylaws and knows that some of our City boards are approved by Council and some aren't. Stated will Legal review the bylaws. Jennifer Magana City Attorney stated she thinks that is done in other reviews and can build that in and make that a part of this ordinance. Council Member Johnson stated we have the six community members, one appointment per Council Member so we have 17 potential positions and staff mentioned that maybe the board makes recommendations or appointments for the others. Jennifer Magana City Attorney stated the way that you could read this is that the Council makes all appointments but each individual Council Member gets to nominate one of the six individuals but all are approved by the board. Stated they are all to be approved and voted on by Council. Mayor Whipple stated his understanding was the six was to ensure that each Council Member had an appointment and the Mayor would also have an appointment, and could be interpreted that the Mayor appoints that out of those six that are appointed, that folks who don't fall into the diverse categories of populations of interest, but all appointments are ratified by the Body. Stated he doesn't think it is that six members who Council appoints, get to appoint the rest of the 17. Stated he doesn't think that was the intent and is all to be ratified by the Body but also to ensure that Council Members had a least one person that they could appoint. Bob Layton City Manager stated he is not sure we know the intent of the groups so it would probably be good for the Council to decide that today, whatever your appointment process is. Stated he is not sure they thought that level of detail regarding who makes a nomination and who ratifies. Mayor Whipple stated his co-chair was also in attendance at every one of these meetings and asked him to help us with what the intent was but believes that we don't make appointments that are ratified by the Body. Council Member Johnson stated we never got too detailed about this piece of it. Stated we were focused more on getting to this point but as far as process, he would like for consideration that the Council appoints two people, which gives us with the Mayor 14 of the 17 and would give the Mayor three additional appointments to make that we all would vote on. Council Member Tuttle stated she is also going to be supportive but has a question about the 17 members and where the other 11 came from and it seems like a reasonable suggestion. Stated on Section 6, item 3b regarding KOMA and KORA, and thinks that is really important and it says that the KOMA and KORA training will be provided by the City within a reasonable time after appointment. Stated usually with our DABs they have to go through the KOMA and KORA training before they can get sworn in. Stated she wouldn't want people participating in voting until they truly understood the importance of KOMA and KORA. Stated she is okay with it if that is standard language but seems like we could clean that up just a little bit. Jennifer Magana City Attorney stated she thinks it is standard language for some boards but could certainly be clarified if Council prefers it to be conducted before members are sworn in.  Page 13 CITY COUNCIL PROCEEDINGS DECEMBER 15, 2020 Council Member Frye stated looking at the members to make sure we have good representation from 10 different bodies to consider if we go and each one of us nominate two; how do we make sure that we are not all nominating from one considerate group. Stated if we made sure that we had one from each one of these 10 groups, that would still allow an appointment from all seven of us to hit 17; it is how do we make sure that we are getting 10 people from each one of these groups that we all agree on. Stated that could be done as a ratified vote but getting to those identified 10 is not something we have done before. Mayor Whipple stated that is one of the reasons that if the Mayor were to work with the Council to appoint and assure that we hit all the groups necessary while also ensuring that each member of the Council had a least one person. Council Member Frye stated he can see where each one of our individual appointments could end up having a second person from the veteran's group or the homelessness group, which is fine but doesn't want to get into a place where we have eight people from one group and to make sure that we are balanced. Vice Mayor Claycomb stated this is a little different, but Design Council is like this where we have certain roles we have to fill. Stated Council doesn't have appointees to that but maybe something like. Stated the Council Members each have one appointee and then the Mayor with the ratification of the Council Members, fill in from the other spots. Mayor Whipple stated if it is done right then the larger portion that gets appointed will be done with purpose. Stated he thought the intent was for the Mayor with additional staff support, to make those other appointments but in doing that when other members recommend folks, then we can ensure that it hits all the categories that are required. Stated he likes the input from the other Council Members to make sure that folks from different areas are represented but we don't want to get into a situation where we have over representation of one group or another. Council Member Tuttle stated when we are looking at the different categories it says, with consideration from the following groups and consideration to her means that it has to be from one of those groups. Stated the word consideration seems a little loose so if it has to be from these groups, then we should say, must. Council Member Frye stated one way we might be able to do this following along the lines of the Design Council is that the City Manager and Mayor work together in identifying the non-Council Member appointments with these groups as being considerate and then those suggestions are brought to the Council for consideration prior to the Council Meeting so it is not the day of trying to decide if this person is right for this. Stated that way we can kind of craft this in a way that we are making sure that we are getting representation from as many different groups as possible and not over stacking one area. Stated giving the Mayor and the Manager the opportunity to craft those other 10 positions, is a good way to do it and is similar to the Design Council. Donte Martin Assistant City Manager stated he thinks that is an excellent idea. Stated Janet Johnson coordinates our board and commission appointment process and she would be the person coordinating the application process and she could recruit into these groups and develop a list to provide to the Manager for review and to follow your example. Mayor Whipple stated of course staff will be helping and so far this is just discussion and we have to make hard amendments to actually make changes to what's read and vote on those amendments, but as we  Page 14 CITY COUNCIL PROCEEDINGS DECEMBER 15, 2020 are discussing will actually be a potential clarification amendment, wants to be certain with the language that this board and members will be appointed by the elected body with help from staff. Stated he wants to make sure that it is not interpreted that staff, the Manager or the administrative side of our government has to approve the list before it gets to the Body. Stated he would be hesitant unless staff could help him with this; is there a precedence for presenting a list of appointees for prior approval outside the meeting requiring that and bring it to the meeting for a vote. Stated if there is not precedence, his concern is the idea that on this particular board will be targeted for a process that isn't a process normally followed. Bob Layton City Manager stated he believes the Council followed a similar process when it was putting the revised Transit Board together and at that time we had to coordinate members and make sure that there was appropriate representatives on that board. Stated with the Design Council, the Mayor has made those nominations so that's been the coordination. Mayor Whipple stated the Mayor makes the nominations but. Bob Layton City Manager stated has to follow guidelines in terms of the backgrounds of those individuals. Mayor Whipple stated we also have to collaborate and work as a body even if we are not directed to in the ordinance but in that process, there isn't a first read that has to go. Stated we get concerns with that too like what if we have a list ready to go, we need to get moving on this and like a member is on vacation, we get it passed by everyone else, and do we have to wait on that. Stated he is worried about putting an extra barrier to getting members of this board working and in action if that barrier also hasn't been played out in another scenario in which we can see how it has worked. Bob Layton City Manager stated maybe the best thing to do is if the Council Members make their appointments ahead of the Mayor and those six members are picked and then the Mayor needs to fill the gaps in his or her appointments going forward, that way you can take care of the issue of balance. Mayor Whipple stated if we put that in context then, it would be a date in which the Council would have to submit their appointments and then the Mayor would submit in the next week so that a Council Member couldn't sit on their appointments in an attempt to hold up the board or if a Council Member was on vacation and the board needed to meet and hadn't made their appointments yet. Stated if we went forward with that where the Council Members would have a date to make their appointments then that would give the Mayor time to make appointments afterwards to fill in any missing areas. Council Member Johnson stated he doesn't know if he would call it precedence but former Mayor Longwell, reached out a couple of times to Council Members before making his appointments to see if we had any suggestions and assumed he weighed that with the City Manager and then made an appointment based on recommendations we might have made. Stated it is not formal policy but it has happened and thinks we are collaborative enough to where we could do that. Stated on the application process, could we not potentially add these as like checkboxes and say check all that apply and then with those folks we could look and see where the intersectionality is and if there are areas that we are missing. Donte Martin Assistant City Manager stated he would have to verify with Janet Johnson but believes we can. Stated we use a software that may have some limitations on what we can do online but imagines we could implement or adopt your recommendation.  Page 15 CITY COUNCIL PROCEEDINGS DECEMBER 15, 2020 Vice Mayor Claycomb stated the only time that is a challenge is the first time, it's like Design Council. Stated the first time is the issue so if we can come up with a process because after that then it’s not an ongoing issue. Stated one way might be if the Council Members do their six, if we talk with the Mayor said here is the group or groups I'm considering making my appointment from that would give you some idea what groups to look at. Mayor Whipple stated and that means we might not need any real changes in the ordinance if we have agreement on moving forward because future Mayors and Council's won't have to figure it out. Council Member Johnson asked if there is any concern from the Council on not having staggered terms, so if everybody joined and they were all able to serve their two terms then they all end at the same time, is there any concern about not having institutional knowledge sticking around. Mayor Whipple stated he personally doesn't have a concern if you can serve up to two terms and almost all these folks stay on at least two terms while one term folks leave and the handoff would be if everyone is leaving then we could work to ensure that folks have a handbook or a packet that the last group did to get them caught up. Stated in his experience with Small Business Council, it is a term by term basis and we have some folks who get on one term and are happy to do that and then there is some who have been on a second or third term. Stated the idea that everyone drops off at once and then starts brand new, seems less likely in his experience. Council Member Tuttle stated if we all appoint someone and they fulfill their two, two-year terms which is four years; whoever is on Council will start all over again. Stated her suggestion is that for this initial phase, likes the idea when you suggested that each Council Member appoint two people; appoints someone for one two-year term and then someone for two, two-year terms and that way it would be staggered and you are not going to have an entire new group and from then on it would never be an issue again. Mayor Whipple stated he doesn't think we should in one motion recommend and confirm someone for two terms. Stated he doesn't think that every two years this Body changes and because of that we have a new Body and the confirmation of the previous Body can't actually overlap or take precedence over the confirmation of the new Body. Stated to Council Member Tuttle's point, thinks that in practice it wouldn't be warranted as everyone would be approved for one term and if they choose to reapply for a second term, they would be approved if the pool of applicants show that they should be approved. Council Member Frye stated he doesn't see anywhere in here where it says a member of this board can't serve on another board as an appointee by City Council. Jennifer Magana City Attorney stated she believes that is in the general ordinances about board service so it is applicable to all with the exception of the DAB. Vice Mayor Claycomb stated building on what Council Member Tuttle said, another option would be for Council this first go around, to appoint one member to a one-year term, one member to a two-year term, and then move to what the ordinance says, that would make the staggered terms that way the entire board won't drop off and will keep us in sync. Mayor Whipple stated but that has never happened. Vice Mayor Claycomb stated it hasn't happened because we have staggered terms.  Page 16 CITY COUNCIL PROCEEDINGS DECEMBER 15, 2020 Mayor Whipple stated his concern starting off on treating people different on this board and that some people are going to serve one-year and some people are going to serve two years, we are already out of compliance with the ordinance, and will promise to work with people to make sure that their nominees get into this pool and even if it is a two-year term expects that he will still be here in two years and if we actually have this one time problem with staggering, we can put some resources into ensuring there is a handoff of knowledge. Stated he is concerned about stepping outside of this just even for this initial appointment process where he thinks some of the problems can be addressed. Vice Mayor Claycomb stated her concern is that four years when everybody has served their two terms that after four years the people who are on the board will have to leave because they are term limited. Mayor Whipple stated yes if they served one term, and everyone came back and asked to serve another term, then all those same exact people got reappointed because there was no other qualified applicants who stepped in and to serve. Stated he doesn't think it is common and if that was the scenario we would have a heads up because of the appointment process. Bob Layton City Manager stated he was just reminded that the City Manager's Review Board dealt with this issue on its own and created staggered terms at their first meeting. Stated you could allow them to do that maybe through their bylaws and designate what the staggered terms would be. Stated initially they didn't have term limits and they did that themselves. Mayor Whipple stated he is sure that was a meeting where there is probably minutes. Bob Layton City Manager stated yes it was a public meeting. Mayor Whipple stated so we actually have something that we could pass on to this board. Council Member Johnson stated this board is significant to many in the community and personally doesn't see folks saying that they don't want to serve anymore and thinks they will be committed to two terms. Stated he served on the DAB before being in office, lost half his DAB the first year either due to term or them wanting some younger folks on the DAB and having the five people that stayed was invaluable. Stated that is his concern about staggered terms and if you lose all of that knowledge, we can reappoint but likes the City Manager's solution in kicking that back to them at their first meeting. Mayor Whipple stated Council Member Johnson highlighted a good point and what the City Manager brings up. Stated the board actually will be empowered to create some bylaws and therefore the stuff that we be as an initial group is a start towards the direction of this group and we might be missing things and details that they are now empowered to solve on their own with their own creation of bylaws. Council Member Tuttle asked if the bylaws have already been created. Bob Layton City Manager stated no. Mayor Whipple asked if we need a motion to clarify the 17 member appointments. Council Member Tuttle stated there was recommendation that each Council Member nominate two but now heard one and wants to make sure that we are all on the same page.  Page 17 CITY COUNCIL PROCEEDINGS DECEMBER 15, 2020 Mayor Whipple stated the conversation started with one, diverted into what about two members and Council Member Frye brought up the issues with filling all the different groups and if we would run into some problems if we didn't have flexibility for the at large appointees to fit into the different requirements of the ordinance. Council Member Johnson stated he did make that recommendation but the process outlined by Council Member Frye with the Mayor and the City Manager is fine with him. Stated the only change he would like to make is that we all make one appointment including the Mayor so that would be seven appointments, and then we just have 10 that the Mayor and City Manager would have to go through. MOTION: Mayor Whipple moved to that we change six to six from Council Members and one from the Mayor and up to 10 at large members will be appointed by the Mayor and ratified by City Council. Motion carried 6 to 0, (Absent: Blubaugh). Vice Mayor Claycomb stated the other technical things she talked about like the conflict of interest definition, the taking out that accusations and findings against citizens, that the ex-officio/secretary; those just technical changes or do they need to be included in this motion. Bob Layton City Manager stated he wants to go through all of those and make sure everyone understands when you vote on this and when there is the second reading, those will be incorporated into that ordinance. Jennifer Magana City Attorney stated yes. Mayor Whipple stated that is what we are doing. Stated any changes to the ordinance will require a motion and a vote. Jennifer Magana City Attorney stated she recommends that all technical changes be made in one motion. Mayor Whipple stated the member section is a different motion and a different amendment than the section on defining conflict of interest. Stated he wants people to be able for the member clarification language if they don't agree with the conflict of interest language. Stated when we are discussing an ordinance and discussing amendments to that ordinance, it is important that we make a difference between what is questions, what is brainstorming, what is discussion and what is the will of the Body on change and his understanding is in order to do that is to have an actual motion. MOTION: Vice Mayor Claycomb moved to define conflict of interest by stating as defined in the bylaws by the board that are referred to in this ordinance. Motion carried 6 to 0, (Absent: Blubaugh). MOTION: Vice Mayor Claycomb moved to section 6 item 3b, that the members need to participate in KOMA and KORA training provided by the City before they can participate in voting that is similar language DAB boards to keep it consistent. Motion carried 6 to 0, (Absent: Blubaugh).  Page 18 CITY COUNCIL PROCEEDINGS DECEMBER 15, 2020 MOTION: Vice Mayor Claycomb moved to section 7 item 7 referencing accusations and findings against citizens, be deleted. Mayor Whipple asked staff to read aloud that section. Bob Layton City Manager read aloud section 7, item 7. Mayor Whipple stated the intent is to limit the committee so that the committee cannot hear cases that might be brought against other citizens or entities and believes from the discussion that was the intent. Stated deleting the section would only make it so if there was grievances against citizens or other entities they wouldn't come in front of the Council; is that accurate? Jennifer Magana City Attorney stated the way she reads it is this board is not drafted to entertain complaints, processes or grievances. Stated this language is perhaps just a carryover from another document that was provided to her and believes the deletion of it is appropriate based on the drafting of the authority of this board as it is written. Mayor Whipple asked if anybody has the institutional knowledge to tell us what the former non- discriminatory ordinance that was repealed before any of us were elected; did it have language in it that allowed for people to come to the board and share their experiences for the board to make resolutions and act on it. Jennifer Magana City Attorney stated she wasn't here but knows there did exist a civil rights commission and believes it was built and designed for the process of complaints to be made and investigated through that commission. Bob Layton City Manager stated this opens up a whole different body of work for this group. Stated it is his understanding that the Civil Rights Commission was disbanded because there was an enforcement mechanism at the state level on a way to investigate complaints and believes that the Council elected to defer to the state's Human Rights Board or commissioned to investigate complaints and thinks there was a feeling that they were better equipped with those issues. Mayor Whipple stated do we know of any times of which the Human Rights board investigated a complaint here in Wichita. Jennifer Magana City Attorney stated the Human Rights Commission routinely entertains complaints with people from across the state. Stated it is a state-wide commission and has jurisdiction everywhere, so yes. Mayor Whipple stated if the Civil Rights Commission is something we want to keep separate, it might be something that this board work towards. Council Member Tuttle stated this Council wouldn't have the authority to develop a Civil Rights Commission without coming before Council, correct? Jennifer Magana City Attorney stated this ordinance is drafted to be an advisory board similar to other advisory boards of the City Council.  Page 19 CITY COUNCIL PROCEEDINGS DECEMBER 15, 2020 Council Member Tuttle stated so they couldn't do that. Jennifer Magana City Attorney stated correct. Mayor Whipple stated that is not entirely correct. Stated an advisory board can advise the Council to pass an ordinance and say this is the policy that other cities are doing and we advise that you look into this. Council Member Tuttle stated that wasn't her question. Stated she was asking for clarification. Stated this is an advisory board so this group could not create a Civil Rights Commission, they could make the recommendation to Council but then it would have to come to Council for approval. Jennifer Magana City Attorney stated if you look at the draft purposes in section 4, this draft sets forth specific duties of the advisory board. Council Member Tuttle stated to make recommendations and not policies. (Council Member Frye momentarily left the bench) Mayor Whipple stated he wants to clarify that their recommendations might be for policies to happen, which was his clarification. Council Member Tuttle stated she was trying to make the clarification that they can recommend a policy but they don't pass a policy, it still comes to the Council. Motion carried 6 to 0, (Absent: Blubaugh). MOTION: Vice Mayor Claycomb moved to ex-officio secretary will be responsible for recording, preparing and maintaining minutes with the oversite of the board secretary. Mayor Whipple stated we can't adopt that exact language because we are utilizing Wichita State's PPMC and they are technically not employees but such language will be okay for the first two years and is sure we can make it work. Bob Layton City Manager stated he believes the program of work identifies that task as their responsibility. Motion carried 6 to 0, (Absent: Blubaugh). MOTION: Vice Mayor Claycomb moved to allow the board to create their own staggered terms. Mayor Whipple stated maybe an additional line to the language about terms, one could add that through the creation of bylaws, the decision to have staggered terms is up to the board. Stated we don't want folks to be able to change the two-year term to like a 10-year term and asked staff what would be the cleanest way to do that. Jennifer Magana City Attorney stated the Citizens Review Board, their terms go up to three years and drew names or straws to randomly assign themselves terms of one, two and three years at the board  Page 20 CITY COUNCIL PROCEEDINGS DECEMBER 15, 2020 meeting so they had some three year terms to work with. Stated if you want to do something similar, it would be that someone would randomly get a one-year term to start and a two-year term to start. Mayor Whipple stated he doesn't think that is the motion. Stated the motion was to add language that would allow the board to do their own bylaws to create a method for staggered terms. Vice Mayor Claycomb stated yes, for the creation of the board that we allow them to create their own staggered terms. Stated she doesn't care how they do it and can come up with their own method and asked staff if you would put that in the ordinance and then after that we say all terms are two-year terms. Mayor Whipple stated his thought with that is utilizing an example that Law just provided us and one of the problems is that if it is random, the membership at that point might not correlate with the requirements of the members in the ordinance if it is random. Vice Mayor Claycomb stated wouldn't you just then appoint people from that like anyone that leaves office. Mayor stated he is open to it but doesn't want any unattended consequences if there is an experience of an active board leaving at the exact same time, which each member has been appointed twice which means there was oversight and is worried about overcomplicating it. Council Member Tuttle stated for clarification purposes the motion was basically to empower the advisory board to figure out their terms for themselves. Vice Mayor Claycomb stated yes. Council Member Tuttle stated we are just giving them the power to be able to figure out how to fix this problem for themselves. Vice Mayor Claycomb stated yes. Mayor Whipple stated it is also now becoming on us to identify to them as a problem and is not sure if he has evidence that it is a problem yet, which is one of his concerns. Council Member Johnson stated he will second the motion and shared some examples of his previous appointments and thinks everyone on this board will want to serve two terms. Mayor Whipple stated his concern is that they are going to be allowed to have that discussion if this passes or not and doesn't want to force this discussion on them and giving the example you brought up, it shows that people are willing and want to stay on but that life happens and they wind up moving or something. Stated he thinks we could do this by appointing some of the board members this year and then some next year and achieve the same thing without putting the burden on them to create one time staggering terms that might disenfranchise some of the members on that where you guys are just going to do one year. Stated he is worried about opening another can of worms and agrees it should be staggered but also agrees that sometimes it is naturally staggered and has never seen a board not and no one has been able to tell me an example of one that hasn't. Vice Mayor Claycomb stated she would entertain a substitute motion with your idea. Stated she just wants to make sure they are staggered.  Page 21 CITY COUNCIL PROCEEDINGS DECEMBER 15, 2020 AMENDED MOTION: Vice Mayor Claycomb moved that all 17 are appointed the first year, that we hold back some number and appoint those in the second year. Vice Mayor asked the Mayor if he would entertain an addition to your substitute motion that we have seven appointed by Mayor and City Council for the first year so we have a board of 11 the first year. Mayor Whipple stated he believes that would be the way to proceed as long the 11 represented that all diversity is intended by them. Jennifer Magana City Attorney stated it was suggested by the Vice Mayor that it be a substitute motion by the Mayor. Mayor Whipple stated it could be but thought that the Vice Mayor made a second substitute motion based on his idea but if it is cleaner that way then he can make the motion. SUBSTITUTE MOTION: Mayor Whipple moved that all Council Members in the first year will have their appointees and the Mayor will have his appointees and then the remaining appointees will be made at large and not to exceed 11 total members of the first year. The remaining members will be selected no time sooner than the following year. Motion carried 6 to 0 Motion carried 6 to 0, (Absent: Blubaugh). MOTION: Council Member Johnson moved to place the amended ordinance on first reading, approve the agreement with WSU Public Policy Management Center and authorize the necessary signatures. Motion carried 6 to 0 Motion carried 6 to 0, (Absent: Blubaugh). 11.) ADOPTION OF THE NATIONAL ELECTRICAL CODE, 2020 EDITION. Attachment: Agenda Report No. V-11.docx Attachment: Delineated Ordinance Attachment: Ordinance 51-390 Kortney Capello MABCD Assistant Director, presented the item. Council Member Frye asked staff to go back to slide 10 (Dwelling Unit Exterior Emergency Disconnect); you said that only emergency responders would have the ability to unlock or disconnect the lock but will anybody else have that same ability? Stated what is to stop somebody else from coming by and cutting the lock. Chris Nordick, Electrical and Elevator Inspection Supervisor stated you are correct, it doesn't stop anybody from accessing that disconnect. Stated it is the owner's property, they will be able to place a lock on that enclosure to protect someone from disconnecting it but right now we have unfused conductors entering the structure and this will not only provide safety for our first responders but will also provide over current protection for those unfused conductors that enter the structure so it is kind of a two-fold  Page 22 CITY COUNCIL PROCEEDINGS DECEMBER 15, 2020 protection. Stated you are correct, it does not stop anybody from coming and being malicious and accessing that equipment. Council Member Frye asked legal staff if there would be another overriding violation that could protect the homeowner from that. Jennifer Magana City Attorney stated they could certainly be charged with criminal damage to property. Council Member Frye asked if that would be able to hold up. Jennifer Magana City Attorney stated she believes so. Council Member Frye stated he understands the need and why we are doing it but someone who is vindictive could really cause some serious damage and wants to make sure that homeowner has protection and asked if this exists somewhere else or if it is new across the country. Mayor Whipple asked if we have seen any type of insurance rates go up because of this. Chris Nordick, Electrical and Elevator Inspection Supervisor stated we do not have any documented information regarding that and even though this is new to the code, a lot of jurisdictions around the country have their main disconnects directly adjacent to their meter enclosures outside. Stated it is not something that is new to the industry or new to the country but is something that would be new to the City of Wichita and Sedgwick County. Council Member Frye stated he hopes we don't have to come back and address consequences later because of this. Bob Layton City Manager stated he thinks this is similar to the Knox boxes used by the Fire Department and doesn't know if we typically have people breaking into the Knox box to obtain keys. Stated he understands the concern but we have been using Knox boxes for a long time. Council Member Frye stated but there is not potential risk to damage the property inside the home. Council Member Johnson stated he shares Council Member Frye's concern and can think of a lot of different ways this could be used to damage property and doesn't know if there is a better way or a more difficult way to have that and knows we want ease to help our first responders but if there is a way to put in like inside someone's front door where you would have to go inside the house. Stated this is a concern of his as well. Stated his other concern is Section 230.67 about the surge protection. Stated you are saying it is a recommendation to permit it but not require it; would this not benefit an individual to have this surge protection already in the event that lightning strikes or something rather than making this an option. Kortney Capello MABCD Assistant Director stated you are correct, it does provide that protection in the actual panel itself. Stated reviewing this with the Board of Electrical Appeals and the industry, they felt that it would be the option of the owner to be able to use this so it is permitted but not required. Stated we want them to have that option but wouldn't want to make that requirement because it would be another added cost to the industry and homeowner. Council Member Johnson asked how much they cost.  Page 23 CITY COUNCIL PROCEEDINGS DECEMBER 15, 2020 Kortney Capello MABCD Assistant Director stated he doesn't but will find out and get it to him. Council Member Johnson stated he would be curious and tries to think about the benefit of the individual and if there is an opportunity that requires surge protection whether they know how to do that or not on their own, it just makes their dwelling better because they have that protection. Stated if the cost of this is not extreme, it is worth it. Kortney Capello MABCD Assistant Director stated he will provide that information for him. Mayor Whipple stated the International Brotherhood of Electrical Workers were asked to review this policy and reported back that they are in support of these changes. MOTION: Mayor Whipple moved to place on first reading the ordinance to amend Article 4 Section A, Article 4 Section 1, and Article 4 Section 2, of the Wichita-Sedgwick County Unified Building and Trade Code (UBTC) and authorize the necessary signatures. Council Member Johnson stated he will not be supportive of this today and still has major concerns about that disconnect button. Stated it will be good for our first responders but would hate to see a rash of power being cut off from places and things being stolen or property like food being wasted. Mayor Whipple stated since there hasn't been a second on his motion, would there be any harm in pushing this to a future meeting so that Council Member Johnson can further vet those concerns. Kortney Capello MABCD Assistant Director stated we can review this again and bring it back to the Council, but Evergy is moving forward with requiring this and they are a part of our industry that we are trying to support. Mayor Whipple asked if this would prevent them from doing that and they could move forward even if we take an extra week. Council Member Frye stated he is fine with supporting the motion today but with knowing that the concerns that he and Council Member Johnson both have, that staff could maybe put some recommendations for us to review and address after the first of the year because he doesn't think we have another full meeting before this year is over. Stated on the whole he agrees with the item but has concerns with that one piece and if staff can look at it and review some possible ways that we could protect citizens and give us some recommendations to review. Mayor Whipple stated if his motion is seconded and we move forward with this would ask staff if we could also talk with our law enforcement department to see if other communities that have adopted this and if there has been a link to utilizing the shutoffs and crime. Vice Mayor Claycomb asked if this already exists on multi-family that is outside the dwelling with the lockout. Kortney Capello MABCD Assistant Director stated he doesn't think so. Chris Nordick Electrical and Elevator Inspection Supervisor stated most multi-family dwellings, apartment buildings have their meters and disconnects outside and is called a meter pack. Stated it has  Page 24 CITY COUNCIL PROCEEDINGS DECEMBER 15, 2020 multiple meters in a single assembly so they have their disconnect switches to each apartment out in a single enclosure. Stated some apartment buildings in the City of Wichita do not, they have that enclosure on the interior, but most of the large apartment complexes have that meter and disconnecting means on the outside. Motion carried 4 to 2 (Nays: Clendenin and Johnson), (Absent: Blubaugh). 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 - NONE X) COUNCIL MEMBER APPOINTMENTS AND COMMENTS 1.) Board Appointments. (NONE) Mayor Whipple congratulated the seventh grade Wichita Cowboys for an outstanding athletic accomplishment for their second place victory in the American Football National Championship earlier this weekend. ADJOURNMENT MOTION: Mayor Whipple moved to adjourn the meeting. Motion carried 6 to 0, (Absent: Blubaugh). The meeting was adjourned at 12:50 p.m. Respectfully submitted, Karen Sublett, MMC City Clerk  Page 25 CITY COUNCIL PROCEEDINGS DECEMBER 15, 2020 ATTACHMENT 1 - CONSENT AGENDA ITEMS 1 THROUGH 11 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 December 15.docx 2) PRELIMINARY ESTIMATES: a.) List of Preliminary Estimates. Attachment: PEs for CC 12-15-20.pdf b.) Preliminary Estimates for drainage improvements to serve Edge Water 4th Addition Attachment: PE Cover Sheet NTBA SWD Edge Water 4th.doc Attachment: PE- NTBA SWD Edge Water 4th.doc c.) Preliminary Estimates for paving improvements to serve Edge Water 3rd Addition Attachment: PE Cover Sheet NTBA Edge Water 3rd Entrance.doc Attachment: PE- NTBA Edge water 3rd Entrance.doc d.) Preliminary Estimates for paving improvements to serve Edge Water 3rd Addition Attachment: PE Cover Sheet NTBA Edge Water 3rd Ph 2 paving.doc Attachment: PE- NTBA Edge Water 3rd Ph 2 paving.doc e.) Preliminary Estimates for paving improvements to serve Edge Water 3rd Addition Attachment: PE Cover Sheet NTBA Edge Water 3rd Ph 3 Paving.doc Attachment: PE- NTBA Edge Water 3rd PH 3 Paving.doc f.) Preliminary Estimates for paving improvements for Edge Water 4th Addition Attachment: PE Cover Sheet NTBA Edge Water 4th Paving.doc Attachment: PE- NTBA Edge Water 4th Paving.doc 3) AGREEMENTS/CONTRACTS: a.) Design Services Agreement for Castlegate 3rd Addition. (District V)  Page 26 CITY COUNCIL PROCEEDINGS DECEMBER 15, 2020 Attachment: Agenda Report No. II-3a.docx Attachment: Supporting Document.pdf b.) Design Services Agreement for Clear Creek 4th Addition. (District II) Attachment: Agenda Report No. II-3b.docx Attachment: Supporting Document.pdf c.) Supplemental Design Agreement No. 4 for Improvements to Pawnee Avenue from Webb Road to Greenwich Road. (District II) Attachment: Agenda Report No. II-3c.doc Attachment: Supporting Document.pdf d.) 2021 Cultural Funding and Operating Partnership Agreements. Attachment: Agenda Report No. II-3d.docx Attachment: 2021 AA Praseuth Contract.pdf Attachment: 2021 AA Stabler Contract.pdf Attachment: 2021 AA Williams Contract.pdf Attachment: 2021 AGO Contract.pdf Attachment: 2021 ARISE Contract.pdf Attachment: 2021 Arts Partners Contract.pdf Attachment: 2021 Ballet Wichita.pdf Attachment: 2021 CMATB Contract.pdf Attachment: 2021 Emerald City Sweet Adelines Contract.pdf Attachment: 2021 EP Contract.pdf Attachment: 2021 FGPNC Contract.pdf Attachment: 2021 Fisch Bowl Contract.pdf Attachment: 2021 Mark Arts Contract.pdf Attachment: 2021 MTW Contract.pdf  Page 27 CITY COUNCIL PROCEEDINGS DECEMBER 15, 2020 Attachment: 2021 MTYP Contract.pdf Attachment: 2021 Opera KS Contract.pdf Attachment: 2021 Orpheum Contract.pdf Attachment: 2021 Tallgrass Contract.pdf Attachment: 2021 TKAAM Contract.pdf Attachment: 2021 Ulrich Contract.pdf Attachment: 2021 WCC Contract.pdf Attachment: 2021 WPLF Contract.pdf Attachment: 2021 WSO Contract.pdf UNCATEGORIZED ITEMS: 4.) VISIT WICHITA REPORTS. Attachment: Visit Wichita Reporting 10.2020.pdf 5.) WEAPONS DESTRUCTION. Attachment: Agenda Report No. II-5.docx Attachment: Exhibit A - Destruction.pdf 6.) DEMOLITION OF CITY-OWNED PROPERTIES WEST OF SYCAMORE STREET BETWEEN TEXAS AVENUE AND MAPLE STREET. (DISTRICT IV) Attachment: Agenda Report No. II-6.doc Attachment: Aerial.pdf 7) SECOND READING ORDINANCES: a.) Second Reading Ordinances (first read December 8, 2020) Attachment: List of Second Reading Ordinances 12-15-2020.docx II) CONSENT PLANNING AGENDA ITEMS 8.) DED2020-00014 – DEDICATION OF SANITARY SEWER EASEMENT AND DED2020- 00016 – DEDICATION OF COMPLETE ACCESS CONTROL FOR PROPERTY LOCATED ON THE NORTH SIDE OF U.S. 54/400 HIGHWAY, 1175 FEET WEST OF SOUTH 159TH STREET WEST. (DISTRICT II)  Page 28 CITY COUNCIL PROCEEDINGS DECEMBER 15, 2020 Attachment: Agenda Report No. II-8.docx Attachment: Supporting Documents 9.) ZON2020-00037 - ZONE CHANGE FROM GC GENERAL COMMERCIAL TO CBD CENTRAL BUSINESS DISTRICT ON PROPERTY GENERALLY LOCATED SOUTH OF THE NORTHWEST CORNER OF WEST TEXAS AVENUE AND SOUTH SYCAMORE STREET, 604 WEST TEXAS AVENUE. (DISTRICT IV) Attachment: Agenda Report No. II-9.doc Attachment: ZON2020-00037 MAPC Min Excerpt.docx Attachment: Ordinance 51-401 II) CONSENT HOUSING AGENDA ITEMS 10.) PUBLIC HOUSING AUTHORITY 2021 PROJECT-BASED BUDGET APPROVAL. Attachment: Agenda Report No. II-10.doc Attachment: PHA Board Resolution 52574 - 2021 (12-15-2020).pdf Attachment: 2021 PHA Operating Income-Expense Projection and CF Summary.pdf II) CONSENT AIRPORT AGENDA ITEMS 11.) EAN HOLDINGS LLC, D/B/A ENTERPRISE RENT-A-CAR, SUPPLEMENTAL AGREEMENT NO. 3, WICHITA DWIGHT D. EISENHOWER NATIONAL AIRPORT. Attachment: Agenda Report No. II-11.doc Attachment: Supplemental Agreement No. 3.pdf