City Council Meetings

Page 1 CITY COUNCIL PROCEEDINGS JANUARY 5, 2021 MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, January 5, 2021 Tuesday, 09:00 AM The City Council met in regular session with Brandon Whipple, Cindy Claycomb, Becky Tuttle, Brandon Johnson, Bryan Frye, and Jeff Blubaugh. Staff Members Present: Robert Layton, City Manager, Sharon Dickgrafe, Chief Deputy City Attorney, and Jamie Buster, Deputy City Clerk. Mayor Whipple called the meeting to order at 9:01 a.m. Approve the minutes of regular meeting on December 22, 2020. MOTION: Mayor Whipple moved to approve the minutes of regular meeting on December 22, 2020. Motion carried 6 to 0. Council Member Frye stated that the minutes reflect Council Member Clendenin as absent but in the agenda under section X-1 it has him resigning. Mayor Whipple stated under Robert's Rules of Order, and he will defer to Legal, but at the beginning of the meeting where attendance is taken is when you can actually be declared here or not. Stated he does not know or not if that is the same as this meeting where once you log in as here or... Council Member Frye stated he sees what happened, he arrived late. Mayor Whipple stated he is still counted then as attending. Stated we only take attendance once, but he is still counted if he comes late. Jamie Buster, Deputy City Clerk, stated correct Mayor, when the meeting was called to order he was not in his seat yet, but once he is seated then we count him. Stated it is noted that Council Member Clendenin arrived at 9:31 a.m. I) PUBLIC AGENDA 1.) Ebony Burton - Habitual Runaways. Ebony Burton stated she is a concerned parent looking for help and does not know where to turn to. Stated she has a daughter that suffers from PTSD that was brought on by the death of her dad who died on Memorial Day 2019 at the hands of law enforcement. Stated her daughter has bouts of sycosis like he suffered which was one of the factors along with drugs that lead to his death. Stated her daughter is a habitual runaway and she reports her ever time she runs. Stated last year she ran away a total of seven times, five from her home and twice from the children's home which should be a place of safety for her but it is not a lock down facility and she is able to run away from there as well. Stated she had her  Page 2 CITY COUNCIL PROCEEDINGS JANUARY 5, 2021 committed to the children's psych floor at Via Christi where they diagnosed her as such and she fears for her daughter's life. Stated there are no agencies in Wichita or the state of Kansas that she has found that will take her in as an inpatient resident. Stated it is hard to find any facilities in this state that deal with children's with mental health. Stated she does not know where a parent can turn to for help with teens that suffer from these issues. Stated she is only told to report her every time, which she does. Stated the last time her daughter ran away in November it took the police over four hours to respond. Stated it seems like they are tired of her calling because it is ridiculous for them to take that long to come when she has a missing child that suffers from mental health issues that has been documented on the police end as well. Stated she understands that Chief Ramsay wants to implement plans on how to deal with people with mental health and getting teens off of the streets with all of the recent violence, but has yet to hear anything from him and has sent him an email as well. Stated since then many more crimes have been committed by teens and she is trying to prevent her child from becoming a statistic in all of this. Stated her daughter keeps running away and there are no law in place to help parents prevent this. Stated she even hired a private investigator the first time her daughter ran away because she did not receive any help from the police department. Stated she has gotten a restraining order against a woman that was harboring her child as a runaway. Stated the police have even picked her up twice from this lady's home. Stated there is even a case against the lady that has been sitting on the DA's desk for some time now. Stated who do we parents turn to for peace of mind, who do we go to for guidance, what laws can be put in place to prevent our children from running away continuously. Stated she is not a parent that is trying to dodge her responsibilities and put it off on someone else, she is just trying to get help to keep her daughter safe. Stated she would like any feedback and to see what the Council can do in order to help her with this. Robert Layton stated that if Ms. Burton can provide her information to staff at CII we will make sure there is follow up with her. Mayor Whipple stated he is not sure if everyone heard that but Ms. Burton if you would provide your information to the staff at Century II, the Manager has requested information so that staff will follow up. II) CONSENT AGENDA ITEMS 1 THROUGH 16 Council Member Tuttle stated she would like to pull item 10. Stated she has a community member and other constituents that have questions and she would like to have the questions answered publicly. MOTION: Mayor Whipple moved to approve consent agenda items 1 through 16 with item 10 pulled out and placed for discussion as the next item on our current agenda. Motion carried 6 to 0. 10.) Coronavirus Emergency (ER) Supplemental Funding Program Grant. Council Member Tuttle stated she has a constituent that serves on her District Advisory Board as well as some other community members that have some legitimate questions that would be great to answer so that everybody in the community can hear the response. Stated there are a couple of concerns but the biggest is there is a position that was supposed to be funded for an Emergency Preparedness Coordinator, but instead of funding the position it seemed like we had a little trouble filling it and instead we are purchasing software. Stated that would be a question of the purpose and why. Stated the other question is it seemed that we will be part of this company's promotional material or providing some kind of promotion for us and maybe using our transition period as part of their promotion and if we could have a little explanation of that as well.  Page 3 CITY COUNCIL PROCEEDINGS JANUARY 5, 2021 Robert Layton, City Manager, stated we are prepared to address both of those issues and has representatives of the police department who are here to respond. Captain East, Wichita Police Department, stated in reference to the question of the unfilled position of the Emergency Management Coordinator, a process was run, interviews were held, and of the top two candidates one never responded to the job offer and the other accepted employment elsewhere. Stated this is a two year grant and due to constraints of the pandemic, COVID, and everything that was going on early in the process it was already six months out getting everything going. Stated it is a temporary position and there are no guarantees for these folks that put in for it and that is why it was never filled. Council Member Tuttle stated she appreciates the response and speculated that is what it was but wanted to confirm. Stated before she was a Council Member grants was her world and she understands leaving a full time job for potentially a two year position with no funding afterwards could be problematic. Stated to follow up more, instead of hiring a position can you explain how the software change will enhance the community or maybe provide what that position was going to do, and the rational for why we decided not to have a position but to purchase the software. Captain East, Wichita Police Department, stated he will defer to Captain Moore who is over the training academy. Captain Moore, Wichita Police Department, stated they have been looking at a software for over 13 years now to incorporate into their organization. Stated the industry standard is to provide data and have a database set up for officers from the start of their career to the end the their career to be able to track their training so when there are KORA requests they do not have to go to three or four different locations to try to find this material and instead have one centralized location. Stated the software research has been going on for several years and whether it is coming from this grant or another funding source, it just happened this funding source is available and it is being pulled from as a necessity. Stated the Kansas Law Enforcement Training Center is already using this software, Kansas Highway Patrol is already utilizing this software, and being on the same training level with the larger training centers in Kansas the Wichita Police Department who employees more personnel and trains more personnel throughout each year it values to be on the same page. Stated it also will allow them to get rid of 98% of the paper trail that they use for training officer tracking. Stated it is a tracking program to where it tracks mandated training and allows them to be able to streamline this information to the Kansas Peace Officers Association. Council Member Tuttle stated that when we applied for this funding from the Department of Justice, did we have to submit what we were going to utilize the money for or was it for part of the funding with Corona that we were allocated. Captain Moore, Wichita Police Department, stated this is part of COVID. Stated that all of the training is online and through webinars and this software will allow us to input training into this database and will send out emails to officers telling them they are at their mandated time and need to complete their hours. Stated this will allow them to complete that testing within the software. Stated the 40 continuing credit hours that they are required to complete each year was minimized to 20 hours last year due to COVID and said they needed to find different ways to provide training. Stated after researching they were able to find this company who is able to fulfill that ability. Stated as far as the promotional, the software is double everyone else in the industry. Stated because of budget cuts he told them they were not able to utilize them and they found a way to show on paper that they were able to give us a cut. Stated that when the company has conferences in the future they will fly a representative from our organization to the conference and talk about the process and what they like about it.  Page 4 CITY COUNCIL PROCEEDINGS JANUARY 5, 2021 Council Member Tuttle inquired if the grantor is ok with instead of us hiring a position we purchase this software. Captain Moore, Wichita Police Department, stated that at this point in time our fiscal affairs representative is working closely with the funder and it is within the guidelines. Council Member Johnson stated the green sheet talks about this software being used at the Kansas Law Enforcement Training Center and asked if it helps with training during the pandemic. Stated at KLEC they have had some issues with COVID and it stopped training for a little bit and would this software help us out. Stated some of the criticism online was about the pandemic funding a coordinator verses where this is going. Stated this would actually help officers get training during a pandemic when we cannot gather in large numbers. Captain Moore, Wichita Police Department, stated yes there are several modules that are not even being discussed in this. Stated Kansas Law Enforcement Training Center is going to mandate the questions and tests within their database that we are going to ask new recruits as they go through. Stated this will allow us to streamline and have a direct link with the Kansas Law Enforcement Training Center. Stated the modules they have are quadruple of what we are getting but the little piece we are getting is allowing us to be more efficient working with COVID and training. Mayor Whipple stated he has questions and heartburn with this. Stated according to the green sheet that "awarded funds are used to assist local governments to prevent, prepare for, and respond to the Coronavirus". Stated to date in Sedgwick County we have 32,887 cases, 282 deaths from the Coronavirus. Stated he thinks about what this money could have been used for when it comes to hiring someone for intergovernmental relations to help us utilize a more effective plan. Stated he thinks of how we could have had a liaison to our small business community to help implement the strategies to make sure they have what they need. Stated he wants to know how does buying a software going to help prevent more cases or "prevent, prepare for, and respond to the Coronavirus". Captain Moore, Wichita Police Department, stated in law enforcement training is important, training of de-escalation, being able to minimize the use of force, all of that training does not happen in the classroom anymore. Stated they have to find a way for officers to continually get that training so that they are the most effective for our citizens and our community and so they are not lagging behind that after COVID is over they are not looking at mandates of training that have been set aside because they cannot come to the classroom. Stated with this software they are able to set up questions to where they know officers are answering them and are not cheating by just turning on a video and not watching it. Stated this allows them to show the video and give test questions within the video, it allows to create an environment where they know officers are keeping up on important trainings that are going to keep the community safe in the long run. Mayor Whipple stated he would never assume that we would need a quarter million dollar program to ensure the officers were not cheating. Stated he does not think they are the type of officers that would do that. Stated he is worried about the increase of crime, homicide, domestic violence, situations with mental health due to the spread of Coronavirus, due to the current pandemic we are in and the extra stresses it puts on our community. Stated this maybe a question for the Manager, but we have had meetings after meetings of what can we be doing more, can we get in the room with the County staff, can we get in the room with these other folks to make sure we come up with a plan, try to have conversations from this bench that turn heated at times and then to know, and maybe its his fault as the new person, that this position was here the whole time and no one brought it up. Stated he never heard that we were looking for  Page 5 CITY COUNCIL PROCEEDINGS JANUARY 5, 2021 an person who could help us navigate this and it was not even coming out of our budget. Stated he is embarrassed to say that but we had a quarter million dollars that we could have used on, to have someone who could have helped us minimize the impact of COVID throughout our community. Stated now it looks like they sat on this to reallocate it to some software later down the road. Stated he wonders what the cost of doing that was. Stated that putting this on a consent calendar which probably would have snuck by them again if they did not have it brought up by folks online. Stated he is wondering was this advertised and what was the actual process that seemed as a City we failed at being able to accomplish to get someone to do this. Robert Layton, City Manager, stated he wants to make it clear this is Department of Justice funding and many of the issues raised we could not do many of the things just listed with this funding. Mayor Whipple stated we could buy educational software with it. Stated how could we not get someone who could, according to this, not to cut the Manager off but to be clear because maybe the green sheet is wrong, but funds are awarded to assist local governments to prevent, prepare, and respond to the Coronavirus. Stated it seems like someone who could have helped us prepare, prevent, and respond to Coronavirus would have involved from the City level working with the County. Robert Layton, City Manager, stated he will let Captain East talk about the original intent of this position. Stated Council approved this position and this funding on May 19, 2020. Stated at that time they indicated what the purposes were in addition to this position they are also purchasing PPE, using it for the hazard pay for police officers, and also for the purchase of laptops to help be more effective in the field. Stated the reason they brought the software to them is they made commitments in the community and the Chief has made commitments for several years on improving our training. Stated especially with the problems outlined by the Mayor a minute ago that are confronting the police department now. Stated having a dynamic training program to address those special issues that have come up during the COVID-19 crisis is extremely important. Stated this software makes sure that we are able to track the performance on a new training that is introduced during this time to deal with the COVID problems, domestic violence and other criminal activities mentioned a minute ago. Stated that is why he supported this change and the Department of Justice is supportive of this change. Stated again it is to recognize the burden that is being placed on our training division and our officers to stay current during this period of time and to not lose a beat on the commitments we made to the community on our training efforts and some of the special issues that our community is trying to address. Mayor Whipple stated he has a fault to the Manager's statement. Stated for clarification the green sheet states that Law has reviewed the contracts for the ACADIS licensing and approved as to the form. Stated that Law has taken a look at this and approved the reallocating of the grant money, according to the Manager's statement he states that the Department of Justice has also approved that so they have gotten the approval from the Department of Justice and that just did not make it to the green sheet. Robert Layton, City Manager, stated that is correct. Stated the Council will have to approve this and the Department of Justice will have to formally approve this but they talked to the Department of Justice before they ever brought this forward. Mayor Whipple stated forgive me I am the new guy but when it comes to the joint education center for our law enforcement his understanding is that is a joint facility with the County or the Sherriff, correct. Captain Moore, Wichita Police Department, stated that is correct. Mayor Whipple stated they would have been able to get some of the CARES Act money to have done this  Page 6 CITY COUNCIL PROCEEDINGS JANUARY 5, 2021 if we needed to advance the money or the resources for the education facility and we still actually wanted to hire someone who could help us navigate this terrible pandemic then in theory we could have utilized CARES Act money because there was almost a billion given to the County to get us through COVID. Stated they probably could have used that pot for this, is that correct. Captain Moore, Wichita Police Department, stated yes sir. Council Member Tuttle stated the biggest impact for her is that the funder, the Department of Justice, approves this change then that shows us that the folks who are allocating the money approve it and seems reasonable to her. Stated the other thing is we could have had a position for two years which is a limited amount of time, but this is a software program that is probably going to extend way beyond a two year position. Stated this is going to be really beneficial for the department long after no one is talking about COVID anymore in her understanding. Robert Layton, City Manager, stated he would still like Captain East to address the Mayor's issue on the position and what it was going to do. Captain East, Wichita Police Department, stated they advertised the position, they followed City HR policies, they conducted interviews of the applicants that they received. Stated they worked the process down to the most qualified candidates and brought them forward for the final interviews via Microsoft Teams or Zoom. Stated when the Board that was made up of both City and County employees came up with the top two candidates they offered the position to the top candidate. Stated the top candidate to this day has never responded to them after numerous phone calls and emails has never responded and the second candidate accepted another position elsewhere. Stated it is a two year grant and as the Manager stated it was approved in May and the candidates are looking at a year and a half potentially for this position. Robert Layton, City Manager, asked Captain East to explain what the position would have done and what it would not have been able to do under the grant. Captain East, Wichita Police Department, stated they have an emergency planner with the police department that is a sergeant rank, obviously they have never been through anything like this and hit the ground running. Stated the position would have been to make sure all of their practices, policies, procedures, meets industry standards and is up to date, they would be the liaison for and work with the County as they attend meetings every day at the Emergency Operation Center with the County Emergency Management. Stated this position would have helped move them and get them to where they need to be knowing that it is only a limited position. Stated what they did was as they were working through this with what is going on, himself and the sergeant that is in that position have been working with the fire department and the County getting them where they need to be. Stated that is what they were looking at as far as the police department and operating and being able to give what they needed to give in a pandemic. Mayor Whipple stated just to follow up because now he has more questions, the software is acquired during the pandemic, you need this software because during the pandemic you want to ensure that when people watch a video on baton training that they are actually watching it. Captain Moore, Wichita Police Department, stated no sir that was just a brief explanation so that you could actually understand and get the grasp of it. Stated every officer is mandated to be educated and over the past 20 years they have used different software. Stated currently they are using the City's SharePoint software, two years ago there was a data dump and officer's education was lost. Stated they had to go  Page 7 CITY COUNCIL PROCEEDINGS JANUARY 5, 2021 back through and many personnel hours used to get that data back. Stated last year there was more data lost. Stated if an audit were to occur they would be able to pass it, but it would be a lot of work and a lot of man hours. Stated total payment, funding, personnel wise to get through an audit would equal the cost of this software. Stated the software is to achieve the industry standard in tracking officer's training so that when we have KORA requests or any type of question that results from why did this officer react this way on a call they are able to they are able to get in the database and pull this information with the click of a button rather than utilizing four or five personnel and the payroll personnel looking through all of the different databases to pull the information. Stated this is a much needed software that has been needed for a long time it just happened to fall during a time when there is funding that is going to go away that is available to use towards it. Robert Layton, City Manager, stated this will allow Captain Moore and his staff to track the professional of every officer that is in our system so that we can guarantee that we are checking off all of the boxes for our training, for existing training plus those that we introduce going forward as we talked about this summer when we discussed changing our training. Mayor Whipple stated he is not going to harp on this and understands that the software is important and that you want to track the training. Stated the proposal from the WPD and the software company does not mention COVID at all. Stated the purpose of this grant was to prevent, prepare for, and respond to the Coronavirus. Stated he knows that we are probably and hopefully towards the end of this crisis but wonders if we would have used this money properly. Stated to the point of the Manager who said we did use it to buy PPE and other stuff, we still have according to this sheet $165,278 left, could we have prevented one of the 282 deaths, could we have done this better. Stated that is his real concern with this is he gets that we need good officer training and software that will last more than two years and most gets updated every few years, but thinks this money was meant for the lasting impact and making sure that people did not die of this. Stated that is his overall concern. Stated he is not arguing against software, he is arguing against did we do everything we possibly could to help folks through this and low and behold we had a quarter million dollars sitting in the pot. Council Member Johnson stated that we do not know what the next administration will do but President Trump has tried to make this a main focus through Executive Order and other work which came through CPOST as well which is why he thinks the Department of Justice approved it. Stated we also saw in 2020 with the murder of George Floyd that training is key in the pandemic. Stated our officers need to remain trained to those standards and this software can help that. Stated that is ever changing throughout this and part of that response and what this original position was of responding to the Coronavirus officers had to respond to that too during the pandemic while people were protesting as well. Stated he thinks it all works out in the right way with the software, keeping track of training is key but he thinks the point is there is an opportunity right now to make sure all of the officers can continue to train while we cannot gather in big numbers, make sure they are updated on training as well as the other pieces of this grant, PPE is being allocated and officers are being given out PPE as well. Stated all of that needs to be in the discussion, knowing where priorities are and having a well-trained police force. Stated he does not think that is a bad thing during the Coronavirus because they all have to be out there anyway. Mayor Whipple inquired of the City Manager, we fully funded the police what was recommended when we had our budget cycle, did they request this software during that process and did they get it or was it more they need the software more now as a reflection on the months after the budget was passed. Robert Layton, City Manager, stated to his knowledge or recollection they did not request the software at that time but they also understood our financial situation at the time looking at over $50 million deficit  Page 8 CITY COUNCIL PROCEEDINGS JANUARY 5, 2021 over a three year period. Stated he did not encourage a lot of new programs to be submitted for consideration. Council Member Blubaugh asked the City Manager how many millions of dollars we used from CARES funding to purchase the 316 Hotel. Robert Layton, City Manager, stated it was $2,000,000. Council Member Blubaugh stated he thinks that staff is doing a good job of utilizing the money while it is coming in and while it may not be directly effective to COVID he believes it is helping overall and appreciates how staff is utilizing those resources. Mayor Whipple asked the City Manager to tell those who might not be aware, what the 316 Hotel is used for. Robert Layton, City Manager, stated the 316 Project is to provide transitional housing for the homeless. Mayor Whipple stated so not for COVID response. Robert Layton, City Manager, stated actually initially yes, it is a COVID response. Stated it is in order to reduce the density at homeless shelters in the City to protect the homeless population during COVID. Council Member Johnson stated he thinks if we just look at this as a quarter million dollars in a pot we are looking at it wrong as well. Stated both WPD personnel mentioned that they actually did try to hire someone for this and did not receive a response from the two finalists. Stated they were attempting to actually do this but the problem is the timeline on the two years and he would not take a job like that either after six to eight months and now is down to fourteen or so months to potentially work a position. Stated they did try, they did give it an effort, they did have two finalists and reached out several times and those folks did not respond. Stated now we are sitting here and this is the next best use of the funds. Mayor Whipple stated he is the only one here who thinks it is irresponsible to spend money or to sit on money is delegated to prevent, prepare for and respond to the Coronavirus all summer long until we are at this position where now we can utilize it for software for our police force. Stated he is the only one who seems upset with this and that's ok. Stated he wants to point out, and maybe he's wrong with it, but he came to Wichita on a one year service position on a job for AmeriCorps for one year. Stated he thinks that in this unprecedented time when people are looking for a way to help and some people are out of work there is probably a way that we could have found someone for two years who wanted to dedicate two years to help Wichita through the most difficult economic and public health crisis we have ever faced. Stated he has a hard time with that argument that we just could not find someone, that the first two people did not respond to us but what about the third. Stated that is his hang up on it. Stated he is ok with moving forward on this and being done with this discussion he just thinks that looking back at the meetings they had he really wishes this was more central to what they could have done to add to the mix to save lives. Council Member Johnson stated he did have one more piece to talk about. Mayor Whipple stated that Vice Mayor Claycomb is on the board so if you would like to be recognized after then you can. Council Member Johnson stated he was recognized before she pressed the button, that he was in the discussion and then the Mayor commented.  Page 9 CITY COUNCIL PROCEEDINGS JANUARY 5, 2021 Mayor Whipple stated he thought Council Member Johnson was done and apologizes that he took the floor from him and appreciates his courtesy for not interrupting me interrupting you. Council Member Johnson stated that he would like to say that it is not he is ok with money just sitting there, it is the process. Stated Council approved this in May, he is sure that job applications went out a week or so after that and are normally open for 30, 45, maybe 60 days, folks applied and went through an interview pool, we had last summer which was crazy, with all of that going on and trying to get candidates in is probably a four to five month process. Stated it was not that we were sitting on a quarter million dollars, staff was actually working towards hiring for this position and it did not work out when they thought it would, they probably gave additional time making those phone calls and trying to get folks to respond. Stated once they got through that it was probably October and now it is January looking at what can we do. Stated there is a time limit on that money so it is not that we are ok with having a quarter million dollars, just the process takes that much time. Mayor Whipple inquired how long did they search for this position. Captain East, Wichita Police Department, inquired if the Mayor is wanting to know how long the position was open. Mayor Whipple stated that Council Member Johnson just described that there might have been up to four to six months of trying to find this position which would be an interesting fact to this case if it took so long to just determine that there was no way to find someone appropriate for this position. Stated he is interested to know how long was it open, once you could not find the first two you reached out to was the position reopened, what is the timeline is pretty much the question. Captain East, Wichita Police Department, stated to the best of his knowledge and what he can recollect the position was open 30 days. Stated they had to create a job description for this position and there was a lot of front end work that had to be done, then the position opening, and getting the interviews scheduled. Stated the answer to that is 30 days to the best of his knowledge. Mayor Whipple stated 30 days. Captain East, Wichita Police Department, stated yes. Vice Mayor Claycomb stated she appreciates Council Member Johnson laying out the process as she believes that is something they should all be aware of and it is not that on May 19th Council approved it and all the sudden the next day they could start hiring. Stated she thinks something else that is important that has been pointed out a couple of times is there are buckets of money from the federal government and this is a DOJ grant, we used a different kind of CARES funding for the 316 Project, we used different kind of CARES funding for the domestic violence shelter that we allocated $800,000 to. Stated this is Department of Justice and has to be spent on law enforcement activities and she thinks that the police department went through a process to hire someone in a pretty short timeframe and its a two year position. Stated based on how the money can be spent it seems like a reasonable explanation and substitution. Mayor Whipple stated to follow up on that he would ask that since May 19th is when this was approved when was the job put out for 30 days.  Page 10 CITY COUNCIL PROCEEDINGS JANUARY 5, 2021 Captain East, Wichita Police Department, stated he apologizes but does not have the exact date and can get that out to the Mayor if he likes. Mayor Whipple asked Captain East to guess the date. Stated it cannot be done the next day as the Vice Mayor said but asked if they would say by June it was posted. Captain East, Wichita Police Department, stated maybe June, he does not have the exact date and cannot say for sure. Mayor Whipple stated roughly since mid-July we have had this money, we have seen an uptick in spikes mid-July, we started the mask ordinance July 4th and we did not try to utilize this money to prevent, prepare for, and respond to the Coronavirus. Stated now we are in the current situation and he agrees with the Vice Mayor of what do we do now instead of think backwards of what we should have been doing. Stated in the future he would like to be more aware of something like this that is around a project that he has worked so hard for such as preventing the spread of the Coronavirus. Stated in the future hopefully staff can bring this up to him when he has his weekly meetings. MOTION: Vice Mayor Claycomb moved to approve the grant adjustment and the attached software license agreement. Motion carried 5 to 1 (Nay: Brandon Whipple). COUNCIL BUSINESS III) BOARD OF BIDS AND CONTRACTS - NONE DUE TO HOLIDAY IV) UNFINISHED COUNCIL BUSINESS - NONE V) NEW COUNCIL BUSINESS 1.) Library Naming Recommendation. (District III) Attachment: Agenda Report No. V-1.doc Attachment: Community Poll Results.docx Kristi Dowell, Interim Director of Libraries, reviewed the item. Lauren Hirsh, Library Board of Directors Member, stated after a review of the library system the master plan for Wichita's library system was adopted in 2019 and recommended a branch more centrally located in Southeast Wichita. Stated each library branch has goals specific to the families in the surrounding area. Stated goals for the Linwood branch now at the new location are to ensure digital inclusion and support a literate community. Stated the new location has space for meetings, gatherings, and children's space for literary activities, it is on a bus route and shares a parking lot with an institution of higher education and is accessible by foot, bicycle, and public transit. Stated her personal goal is for this to be a source of pride for her neighbors in Grandview Heights, Hill Top, Meadowlark, and East Mt. Vernon and how it can measurably enrich their lives. Stated they will have free access to the joys of reading and expanding their own knowledge and awareness. Stated increased hours and access to computers will change the lives of those that utilize it. Stated the community outreach in naming was their first step in raising awareness about the branch. Stated she wants to acknowledge the efforts of Cynthia Burner for seeing the library  Page 11 CITY COUNCIL PROCEEDINGS JANUARY 5, 2021 system through a master plan. Stated Cynthia's collaboration with James Clendenin, Maddy Campbell, Max Cole, and Board President Kevin McWhorter along with others have brought this moment. Stated volunteers reviewed over 70 names recommended by Wichita residents that were narrowed to five, Ad Astra Library Branch, Cynthia Burner Library Branch, Meadowlark Library Branch, Carl Brewer Library Branch, and Ronald Walters Library Branch. Stated the Library Board of Directors recommends the City Council adopt the Ronald Walters Library Branch to honor the exceptional and internationally significant impact of a man born and raised in Wichita who not only contributed to civic and moral activation in our city through the Dockum Sit In, but for his continued and extensive literary and academic contributions. Council Member Blubaugh stated he is trying to understand, and did not attend the Library Board meeting or watch the naming meeting, but is trying to better understand that it seems that everything was going towards naming it the Carl Brewer Branch Library that got almost double the votes of the Ronald Walters Library. Stated he is trying to understand what happened in the consensus building there where they decided to change or go away from the Carl Brewer Library. Kristi Dowell, Interim Director of Libraries, stated the process the Library Board took at that meeting was they had discussion and then each listed their top three and the Ronald Walters Branch received the most number one and two votes. Stated a motion was made for naming it the Ronald Walters Meadowlark Branch, but determined it was too long and neither would get the recognition they deserved. Stated that motion was voted on and did not pass. Stated another motion was made to name it the Ronald Walters Branch Library, it was voted on and was unanimous. Council Member Blubaugh inquired if there was any discussion on the public voting being so far in favor of the Carl Brewer Library? Kristi Dowell, Interim Director of Libraries, stated the voting was a tool that engaged the community for the purpose of narrowing the names from five to three. Stated the next step in the process was for the Library Board to discuss those three and make a recommendation from those top three, the voting tool was used to just narrow it from five to three. Council Member Blubaugh inquired if there was any discussion about all of the efforts that former Mayor Brewer did. Stated that was his mission and he really pushed hard for the libraries. Kristi Dowell, Interim Director of Libraries, stated that was reflected and discussed and one of the reasons he made the top five. Stated ultimately a key factor in their decision was the literary, academic and civic activities that Ronald Walters provided and left as a legacy. Council Member Blubaugh asked the City Manager or someone from staff to go through Council Policy 13 with them. Sharon Dickgrafe, Deputy Chief City Attorney, stated Council Policy 13 establishes that the Council choose a naming committee which they did, they named the Library Board, then the Library Board's mission is to bring back a recommendation from the proposals. Stated the one she believes Council Member Blubaugh is wanting to discuss is the person being distinguished must be one who made a significant contribution to the City and such person must be primarily responsible for the existing or wellbeing of the facility. Stated at the end of the policy it is the ultimate decision of the City Council as to what name should be chosen. Council Member Blubaugh inquired when the policy went into effect.  Page 12 CITY COUNCIL PROCEEDINGS JANUARY 5, 2021 Sharon Dickgrafe, Deputy Chief City Attorney, stated the policy was adopted in 2003 and was most recently revised in 2019. Council Member Blubaugh inquired as to what the major revisions were. Sharon Dickgrafe, Deputy Chief City Attorney, stated the revisions in 2019 were to allow the naming for individuals who were still alive, previously the policy was that the individual had to be deceased and to make clear that certain existing boards could serve as the naming committee that the Council did not have to start from scratch and name a committee that they could use and existing advisory board. Council Member Blubaugh stated that the Council is the final vote on this. Sharon Dickgrafe, Deputy Chief City Attorney, stated Council has the final authority for the selection of the name based upon recommendation of the committee. Council Member Frye inquired if we went through this process in the determination of the name for the Advanced Learning Library. Kristi Dowell, Interim Director of Libraries, stated no. Council Member Frye inquired if we know why we chose to go that direction and not through this process. Kristi Dowell, Interim Director of Libraries, stated she does not know why as she was not the Director or Interim Director at that time. Council Member Frye inquired if the City Manager knows why we did not go through this process then. Robert Layton, City Manager, stated their interpretation of the policy in the past has been when we are talking about naming a facility after an individual, which is why he was a little surprised when Meadowlark was a name up for consideration as ever since he has been there it has been an individual’s name that has come forward for the building itself. Council Member Frye stated so there was no names considered for the naming of the new downtown branch library. Robert Layton, City Manager, stated no, it was never brought forward. Stated normally what happens is somebody brings a name forward and that starts a process or the Library Board could have asked for a name. Council Member Frye stated that is not what happened here, no one brought forth a name for this branch library. Stated it was put out to the public to give suggestions. Robert Layton, City Manager, stated the second part of it is or it was requested by a board. Stated in this case it was requested by the Library Board. Mayor Whipple reached out for public comment. Patricia Walters stated to alleviate the concerns of the gentleman that spoke about other people being perhaps more deserving of this award. Stated in her humble opinion, based on Dr. Walters life story, his  Page 13 CITY COUNCIL PROCEEDINGS JANUARY 5, 2021 Kansas roots, the respect he had nationally, internationally, and in the state of Kansas and in Wichita that the City Council could not do anything that would engage Ron's reputation and his great ability to connect to his community. Stated Ron was always a brilliant scholar, a person that was always concerned about the undeserving, the poor, and that was his total focus throughout his whole life. Stated she would be grateful as she knows that Dr. Walters family would be if this library was named after him. Stated she appreciates that perhaps Mayor Carl Brewer got the most votes, but she did not even find out about her husband being possibly selected or even nominated for this award, as she does not do Facebook, until a friend of hers called her to tell her about it. Stated she would imagine that most of the people who would have voted for Ron did not even know. Stated she does not necessarily think that a popularity contest is a significant way to try to determine how the library will be named. Stated she thinks it is the person’s life story and their achievements and thinks that given the three names that came forth there is nobody that can compete with the international, national status of Dr. Ronald W. Walters. Stated he was an intellectual, an activist, and as President Clinton, President Obama, President Carter all looked to him. Stated he is beyond Kansas although he never lost his roots and loved his home. Stated she would be eternally grateful and knows the family would if the City Council can approve what the Library Board of Directors recommended. Stated that President Clinton asked Dr. Walters to have him be on the committee to go to South Africa to monitor the elections and to write the report he indicated that he knew he would get an outstanding report, that Ron knew the lay of the land, that Ron personally knew Nelson Mandela, and that he would be the ideal person to achieve this. Stated that his life story she truly cannot even explain in a small amount of time to articulate the impact of Dr. Walters, not only on the African American community but on the world wide global community. Stated one thing she would ask is that usually everything that bares Ron's name says Ronald W. Walters and if you name the library after him she would greatly appreciate it being named Ronald W. Walters. Mayor Whipple thanked Ms. Walters for spending time with them today and sharing some thoughts about Dr. Walters. Stated she is an incredible advocate for him. Stated that he wanted to apologize to her that she had to learn through a friend of the nomination through social media and he should have personally reached out to her. Council Member Blubaugh stated he appreciated Ms. Walters sharing with them. Inquired if we have a plaque at the Dockum Sit In or if we did something down there a few years ago that he participated in and if he is specifically honored in that in any way. Robert Layton, City Manager, stated he is not sure, they are looking at the installation of a plaque at the Ambassador Hotel, but does not have the details of that and it is in the planning stages. Council Member Blubaugh stated his thoughts are that would seem more appropriate to his contribution to Wichita and that nation that started here, but from what he is understanding it sounded like he has moved on. Stated he was looking at naming the library after people that had specific contributions to Wichita and is why he keeps going back to the Carl Brewer Branch Library that our citizens voted almost two to one for because of Carl's energy he put into our library systems. Council Member Tuttle stated that she believes staff mentioned that there could be an opportunity for naming a room at the library or something of significance. Stated that if this motion passes and it becomes the Ronald W. Walters Branch Library that we could still honor the contributions of Mayor Brewer through naming something and we keep that in consideration if this does pass. Council Member Frye stated he would like to recognize the achievement of Ronald W. Walters, from 52 years from the first sit in at Dockum Drug Store all the way to his death he was someone who exemplified service and leadership. Stated it is almost shameful that it has taken us this long to find an opportunity to  Page 14 CITY COUNCIL PROCEEDINGS JANUARY 5, 2021 name something in Wichita after him. Stated he thinks it is disheartening that we had a process that allowed people to vote on something that ultimate is not their wishes if that is the way we proceed with the naming of Ronald W. Walters. Stated he knows the neighborhood has spoken with what they wish it to be, they said Meadowlark, the desire of the general population and their voting for Carl Brewer, this puts us in quite a predicament and goes to the distrust of government when we ask for their opinions on things and they weigh in and then we pivot and change. Stated that becomes problematic as they try to be leaders on the Council. Stated going back to Mr. Walters service he can think of no better citizen of Wichita to honor with respect for what he has achieved and that is why he would be supportive of this, but need to make sure that as they go forward with other opportunities to represent with either Carl Brewer or with District III and an opportunity for Meadowlark to represent either in Clapp Park or a room within the library itself, we need to pay attention to the will of District III and the City as a whole. Council Member Blubaugh stated he wants to make sure to thank Max Cole for everything he did in this. Stated this has been years and years that Max has pushed forward on this and he wanted to ensure that the kids in Southeast Wichita had a library and had all of the resources available to them. Stated thank you Max for everything you did. Mayor Whipple stated he hopes that in the future when they do a public survey it is very clear as to what the intent of the survey is. Stated he worries that folks thought the survey was the final say and that caused confusion, but it was not the final say or else we would not have appointed a committee. Stated he knows that it was more of an exercise to get feedback. Stated the committee was tasked with the naming of the library and the contributions of Mr. Walters and the significance of the Dockum Sit In is huge, there is absolutely a wonderful Wichitan who deserves this honor. Stated he will be supporting this but wants to address what some of the members have up here. Stated he thinks there was some concern with why the survey went down the way it did. Stated he thinks they can clear those up in the future by learning from it and although we have ended discussion we have two people who would like to revisit the discussion. Kevin Walters stated he wanted to comment on the differences in the vote. Stated one of the only ways that he was able to learn about the vote was through social media. Stated the generational differences between the users of social media, especially Facebook, are significant. Stated that is going to explain a lot of the voting, a lot of the older citizens that would have known Ron and would have voted in other means were not able to and did not receive notification in a timely manner. Stated really what he was looking at is the skew in voting and they had problems even passing the survey around as it was sent strictly in a Facebook context. Vice Mayor Claycomb inquired if there were limits on the survey and if people could vote more than once. Stated it was really just another piece of information that we are using and the naming committee used to help with their decision. Council Member Johnson stated he too is supportive of this and wants to highlight that if this is approved he would love to see a potential section of this new library dedicated to Dr. Walters works and the books he wrote. Stated if there is a way for Wichitans to go into this section and see some of his work that would be awesome. Stated he thought he heard that Dr. Walters has a facility or department at Howard University and would love to see a potential collaboration there of resources or other educational materials about Dr. Walters and his life and the works he did. Stated again if approved today he would love to see that and thinks it would benefit our young people looking to go to college and maybe considering Howard University, hearing his life works, his achievements, and maybe it inspires more folks to do the same.  Page 15 CITY COUNCIL PROCEEDINGS JANUARY 5, 2021 Mayor Whipple stated those are great suggestions and if we could have staff look into those suggestions and not just honoring Dr. Walters by name but also exposing his books and those academic works he has given to those folks in District III who will be visiting the library. MOTION: Mayor Whipple moved to approve the naming recommendation of the Library Board of Directors and to ensure that it’s Ronald W. Walters. Seconded by Vice Mayor Claycomb. Council Member Johnson stated he would like to suggest a friendly amendment. Stated he knows that Ms. Walters would like Ronald W. Walters and he appreciates his educational achievement and would like to make it Dr. Ronald W. Walters. Mayor Whipple stated he is not sure if they can make an amendment but is pretty sure that is what he said. Stated to let the record reflect that it is Dr. Ronald W. Walters and if he did not say that he misspoke but if that is the amendment then he agrees. MOTION: Council Member Blubaugh moved to name the library, at the will of the vote received, the Carl Brewer Branch Library, and that they find another way to honor Dr. Walters. Motion failed due to lack of second. Mayor Whipple inquired if the substitute motion is appropriate if the original motion has a second or does the substitute motion have to come before a second. Sharon Dickgrafe, Deputy Chief City Attorney, stated that a substitute motion can be made before a vote on the first motion, the substitute motion would require a second. MOTION: Mayor Whipple moved to approve the naming recommendation of the Library Board of Directors to the Dr. Ronald W. Walters Branch Library. Motion carried 5 to 1 (Nay: Jeff Blubaugh). 2.) Supplemental Design Agreement No. 1 for Hess Pump Station Site Valve Replacements and Repairs. Attachment: Agenda Report No. V-2.doc Attachment: SDA No. 1.pdf Don Henry, Assistant Director Public Works & Utilities, reviewed the item. Council Member Frye stated just to be clear and make sure he understands, we are going to put this out for design but we have already anticipated what the cost to replace these valves are going to be and that is incorporated into the WIFIA financing for the Northwest Water Treatment. Don Henry, Assistant Director Public Works & Utilities, stated you may have heard that and it could have been made clearer in the presentation. Stated there are a couple of things going on here that they will have out of this next phase of work under this supplemental agreement. Stated they will have the design work and the road map that is needed to phase the work for replacement of the valves. Stated what will occur at a later time will be the design completion and the construction of the hydraulic movements to address the  Page 16 CITY COUNCIL PROCEEDINGS JANUARY 5, 2021 tanks to improve the flow through the tanks so we will be able to maintain effective chlorine residuals and hopefully build in the ability to isolate each of the tanks individually. Council Member Frye inquired if that is incorporated into the Northwest Water Treatment budget. Don Henry, Assistant Director Public Works & Utilities, stated yes that is correct. Council Member Frye inquired if they anticipate any other design amendments at this point, are they all in with the $300,000 and have $200,000 that will be saved for other projects. Don Henry, Assistant Director Public Works & Utilities, stated what they expect out of the budget for this project would be the installation of the new valves and the repair of the old valves after this design completion. Council Member Frye stated that we have $500,000 budgeted for this design and it is only costing $300,000, will that $200,000 be used towards the actual work that has to be done or is that just savings. Don Henry, Assistant Director Public Works & Utilities, stated $500,000 is for the project itself including design and installation. Council Member Frye stated that will come to us later once the design is finished and then we will know what we will be able to spend on hardware and valves to make the fixes. Don Henry, Assistant Director Public Works & Utilities, states yes, correct. Council Member Frye stated that will come out of that $200,000. Don Henry, Assistant Director Public Works & Utilities, stated yes. Robert Layton, City Manager, stated he would like come back to them with that answer and would like to question our ability to get the valve work done for $200,000 and wants to come back to them with an answer on that. Council Member Frye stated that is why he asked that question as it seemed a little lean. Don Henry, Assistant Director Public Works & Utilities, stated one stipulation is they believe they have the funding for the replacement of the yard valves and the repair of the yard valves. Stated what would be an additional project and could be included in the Northwest Water Treatment Facility would be the installation of the new valves that would facilitate the connection of the plant. Stated that would be a separate item. MOTION: Mayor Whipple moved to approve Supplemental Design Agreement No. 1 and authorize the necessary signatures. Motion carried 6 to 0. COUNCIL BUSINESS SUBMITTED BY CITY AUTHORITIES PLANNING AGENDA  Page 17 CITY COUNCIL PROCEEDINGS JANUARY 5, 2021 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.) Notice of Vacancy for City Council District III. Attachment: Agenda Report No. IX-1 MOTION: Mayor Whipple moved to officially announce a notice of vacancy for the position of City Council Member for District III because of the resignation of City Council Member James Clendenin effective January 1, 2021, set January 26, 2021 at 5:00 p.m. as the deadline for candidate petitions to be filed with the City Clerk of the City of Wichita, authorize the collection of electronic signatures on candidate petitions as outlined in the staffing report, set as January 29, 2021 at 5:00 p.m. the deadline for original signatures to be filed with the City Clerk of the City of Wichita, designate the District Advisory Board for City Council District III to conduct a public forum to screen all candidates who file a lawful petition for candidacy and forward to the City Council in writing no less than four no more than five names of the candidates nominated in alphabetical order. Motion carried 6 to 0. X) COUNCIL MEMBER APPOINTMENTS AND COMMENTS 1.) Board Appointments. Council Member Johnson inquired for the newly approved Diversity, Inclusion, and Civil Rights Board, when would that be up on the website for people to start applying. Donte Martin, Assistant City Manager, stated he has a meeting scheduled with Janet Johnson and LaShonda Garnes early next week to sort through the process and make sure that they reach out to a wide range of groups and cover all of the representatives that are included in the ordinance. Stated it will be up late next week or early the week after that. Mayor Whipple stated the Phil vs. Mayor Challenge from last month to donate blood during the month of December, a month that the American Red Cross usually has problems getting donations, the challenge has concluded and Phil encouraged 56 people to donate blood while 60 people donated blood and voted for the Mayor. Stated the Mayor wins the challenge but more importantly for every donation of blood according to the American Red Cross it can save up to three lives. Stated this one challenge resulted in saving perhaps 528 lives. Stated he wants to think Phil for thinking forward on the best way we can utilize our challenges for the greater good, although next time they are doing axe throwing, but at least in this one Phil's idea save potentially over 500 lives.  Page 18 CITY COUNCIL PROCEEDINGS JANUARY 5, 2021 ADJOURNMENT MOTION: Mayor Whipple moved to adjourn the meeting. Motion carried 6 to 0. The meeting was adjourned at 10:37 a.m. Respectfully submitted, Jamie Buster, MPA, CMC Deputy City Clerk  Page 19 CITY COUNCIL PROCEEDINGS JANUARY 5, 2021 ATTACHMENT 1 - CONSENT AGENDA ITEMS 1 THROUGH 16 II) CITY COUNCIL CONSENT AGENDA ITEMS 1) Applications for Licenses: a.) Applications for Licenses Attachment: Applications for Licenses Jan 5, 2021 2) Applications for Licenses for Cereal Malt Beverages: a.) Applications for Licenses to Retail Cereal Malt Beverages: Attachment: CMBS FOR Jan 5, 2021 3) Preliminary Estimates: a.) List of Preliminary Estimates. Attachment: PEs for CC_01-05-21.pdf 4) Petitions for Public Improvements: a.) Petitions for Improvements to Serve North Forty-Fifth Addition. (District VI) Attachment: Agenda Report No. II-4a.doc Attachment: Supporting Documents.pdf Attachment: Resolution 21-001 034639.docx Attachment: Resolution 21-002 034640.docx Attachment: Resolution 21-003 034641.docx Attachment: Resolution 21-004 034643.docx Attachment: Resolution 21-005 085456.docx Attachment: Resolution 21-006 085662.docx Attachment: Resolution 21-007 085663.docx Attachment: Resolution 21-008 085664.docx Attachment: Resolution 21-009 085665.docx 5) Statement of Costs:  Page 20 CITY COUNCIL PROCEEDINGS JANUARY 5, 2021 a.) Statements of Cost. Attachment: List of 01-2021 September 2021 SA SOCs Attachment: 2021 SOCs in Engineering Project Order.pdf Uncategorized Items: 6.) Visit Wichita Reports. Attachment: Visit Wichita Reporting 11.2020.pdf 7.) Notice of Intent to Use Debt Financing, Amendment Renovations to Hangar 16 (1700 Airport Road), Wichita Dwight D. Eisenhower National Airport. Attachment: Agenda Report No. II-7.docx Attachment: Resolution No. 21-010 8.) Notice of Intent to Use Debt Financing, Taxiway A-3 Extension, Colonel James Jabara Airport. Attachment: Agenda Report No. II-8.docx Attachment: Resolution No. 21-011 9.) Year-end Budget Adjustments. Attachment: Agenda Report No. II-9.docx 10.) Coronavirus Emergency (ER) Supplemental Funding Program Grant. - ITEM PULLED FOR DISCUSSION Attachment: Agenda Report No. 11-10 Attachment: ACADIS Contract.pdf 11.) Surplus of City Property in the 8800-9300 Blocks of East Kellogg (US Highway 54) and Authorization to Issue a Request for Proposals for Development of the Parcel. (District II) Attachment: Agenda Report No. II-11 Attachment: Tract Map.pdf 12) Second Reading Ordinances: a.) Second Reading Ordinances (first read December 22, 2020) Attachment: List of Second Reading Ordinances 01-05-2021.docx  Page 21 CITY COUNCIL PROCEEDINGS JANUARY 5, 2021 II) CONSENT PLANNING AGENDA ITEMS 13.) SUB2020-00031 -- Plat of Allen Williams 3rd Addition Located on the East Side of South Clifton Avenue, on the North Side of East 47th Street South. (County) Attachment: Agenda Report No. II-13.docx Attachment: Supporting Documents.pdf II) CONSENT HOUSING AGENDA ITEMS - NONE II) CONSENT AIRPORT AGENDA ITEMS 14.) Renovations to U.S. Customs and Border Protection Facility, Dwight D. Eisenhower National Airport. Attachment: Agenda Report No. II-14.docx Attachment: CBP GLMV S. A. #1 - Par Sign.pdf 15.) Taxiway A-3 Extension, Colonel James Jabara Airport. Attachment: Agenda Report No. II-15.docx Attachment: AAO Taxiway A3_Par Sign.pdf 16.) EAN Holdings, LLC, d/b/a Enterprise Rent-A-Car, Wichita Dwight D. Eisenhower National Airport. Attachment: Agenda Report No. II-16.docx Attachment: EAN Holdings, LLC - Use of Land for Access Agreement.pdf