City Council Meetings

Page 1 CITY COUNCIL PROCEEDINGS JUNE 15, 2021 MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, June 15, 2021 Tuesday, 09:00 AM The City Council met in regular session with Brandon Johnson, Jeff Blubaugh, Becky Tuttle, Bryan Frye, Jared Cerullo, and Cindy Claycomb. Absent: Brandon Whipple. Staff Members Present: Bob Layton, City Manager, Jennifer Magana, City Attorney, and Karen Sublett, City Clerk. Vice Mayor Johnson called the meeting to order at 9:00 a.m. and stated that Mayor Whipple is in transit. Approve the minutes of regular meeting on June 8, 2021 MOTION: Vice Mayor Johnson moved to approve the minutes of regular meeting on June 8, 2021. Motion carried 6 to 0, (Absent: Whipple). Vice Mayor Johnson read aloud the following Proclamations: World Refugee Day Alzheimer’s and Brain Awareness Month I) PUBLIC AGENDA 1.) Melissa Long - Sustainability Board. (CANCELLED) 2.) Michael McCorkle - Wichita Sustainability Board. Michael McCorkle stated he addresses this elected body today on behalf of the many young people of Wichita who do not see their future in their hometown and do not see you, their elected representatives, planning for Wichita's prosperity against an uncertain future impacted by climate change. Stated he urges the City Council to formally establish an independent sustainability board to help this City Council develop a local sustainability plan. Stated regardless of your personal or professional priorities, everything will depend on how Wichita plans for climate change in the next few years. Stated our planet is facing a global climate change emergency and local governments across the U.S. are failing the people who elected them when it comes to addressing this global crisis that is threatening everyone's future. Stated we are at a time in history when citizens must speak out about the climate change that threatens our daily lives, local prosperity and the next generation's future because you our elected leaders have not prioritized this future threatening issue and have not begun the essential work of developing local plans for adaptation and mitigation. Stated young people take climate change seriously and vote with their feet. Stated climate change is real and our future is in danger, the latest science is clear, we must reduce global emissions by 45% by 2030 and reach net zero by 2050 so future generations can have a livable planet. Stated cities represent 70% of global emissions, to survive and thrive, all cities including Wichita should  Page 2 CITY COUNCIL PROCEEDINGS JUNE 15, 2021 have a plan to adapt to global climate change. Stated without a plan the City's economy can only react to market shifts usually on the losing end of population changes, business failures, unemployment and missed market opportunities. Stated successful future sustainability is as much about economic planning as it is about environmental protection and the economic consequences to the Wichita economy of not planning for eminent climate change will be your shared legacy if you fail to begin real action now. 3.) Matthew Farenbaugh - Infrastructure, taxes, etc. Matthew Farenbaugh 333 S. St. Paul Street read aloud the Kansas Bill of Rights Section 2. Stated he is here for one purpose to demand a forensic audit of the 2018, 2019, and 202 elections here in Sedgwick County. Stated as we have seen with the evidence pouring out, dozens of states are now auditing their elections and finding massive amounts of wide-spread voter fraud. Stated since 2012, multiple WSU statistical experts who are very left wing, have been suing audits talking about how these machines are rigged, multiple articles in the Wichita Eagle have confirmed this. Stated in 2016, Sedgwick County approved a new machine purchase with little to no data on what or who Sedgwick County was only told that these machines were federally accredited and asked who accredited it; did we the people accredit it? Stated at the end of 2015, all 50 stated purchased and acquired ES&S Smart-matic or Dominion machines, which we now know are rigged. Stated there is evidence all over the country which he will provide to you today in his sworn statement that he is demanding a forensic audit of the elections in Sedgwick County. Stated in October 2020 on Facebook; Sedgwick County took an $816,000 donation for our elections from a group called the Center for Tech and Civic Life, an organization owned and funded by Facebook. Stated why are you taking money from big tech when our tax dollars already fund this process. Stated we the people did not authorize that, who got paid; what was the money used for and how much did big tech influence the Kansas elections. Stated why is the state Election Director a part of the Center for Election Innovation Research otherwise known as CEIR, a pathway for stated to override the people and take away our free vote. Stated this is a direct pathway to communicate with the federal government big tech. Stated what we have learned over this last year is that COVID was used to create and instill fear in the people and had one purpose, to change the elections and violate the constitution of We the People. Stated if these were free and fair elections, there should be nothing to hide with an open transparent forensic audit, fighting it only shows that someone is trying to hide something. Vice Mayor Johnson stated it is Sedgwick County who handles elections and they have meetings on Wednesday mornings. 4.) Jane Byrnes - Wichita Sustainability Board. Jane Byrnes stated she has been disappointed in the Environmental Finance Center (EFC), which Wichita Sustainability is currently assigned. Stated she was among the four folks who proposed the single-use plastic bag task force almost two years ago. Stated the EFC appears to have lost its single-use plastic bag focus. Stated our ask today and over the past three months is that Wichita establish a local diverse Wichita Sustainability Board composed of young people, retirees, folks of various races and neighborhoods, both experts and fresh thinkers. Stated such a local divers Wichita Sustainability Board can work together vigorously, transparently and meaningfully. Stated her neighbors talk about planting a whole lot of trees to help with CO2, which is simple and a lot of folks could participate in that. Stated a few of climate action best practices that have been identified and cities are successfully implementing: create incentives to retrofit private buildings for energy efficiency; offer incentives for and facilitate residential neighborhood and commercial rooftop solar; offer incentives and rebates for electric vehicles and electric appliances; reduce vehicle miles by planning measures and incentives; set goals to reduce greenhouse gases and taking inventory annually; assigning authority and budget linking greenhouse gas  Page 3 CITY COUNCIL PROCEEDINGS JUNE 15, 2021 reduction to workforce development and embracing public transparency. Stated climate change is making big problems bigger. 5.) Andy Speck - Wichita Sustainability Board. Andy Speck stated he has worked in and around the automotive industry for about four years and has been keeping up with the trends in the market and the biggest one that we are seeing right now is a rise in electric vehicles (EVs). Stated they have been a wonderful way to help reduce emissions put out by conventional gasoline or diesel vehicles but Wichita has not seen as many on their roads and thinks a huge part of that is the lack of a public charging station and infrastructure involved with that. Stated Wichita has one Tesla charging station located at an Applebee's located at 47th Street and Broadway and doesn't think that is good enough. Stated he would like to propose that we look into having more public access to charging stations for EVs to help incentivize people to purchase them. Stated a huge detractor in purchasing an EV is range anxiety, which is the fear that while driving the battery will run out and feels if there was a larger infrastructure of charging stations around town that we would see an increase in EVs. Vice Mayor Johnson stated he believes the new multi-modal facility will have charging stations. Bob Layton City Manager stated yes that is correct. Vice Mayor Johnson stated there is some investment coming. II) CONSENT AGENDA ITEMS 1 THROUGH 7A. MOTION: Vice Mayor Johnson moved to approve consent agenda items 1 through 7a in accordance with the recommended actions shown thereon. Motion carried 6 to 0, (Absent: Whipple). COUNCIL BUSINESS III) BOARD OF BIDS AND CONTRACTS 1.) Report of Board of Bids and Contracts dated June 14, 2021. Attachment: 06-14-2021 Board of Bids.pdf Hannah Lang, Finance Department, presented the item. MOTION: Vice Mayor Johnson moved to receive and file report, approve the contracts and authorize the necessary signatures. Motion carried 6 to 0 (Absent: Whipple). IV) PETITIONS FOR PUBLIC IMPROVEMENTS 1.) Petitions for Public Improvements Attachment: Cornejo Industrial District.pdf  Page 4 CITY COUNCIL PROCEEDINGS JUNE 15, 2021 Attachment: Resolution 21-236 017261.docx Attachment: Resolution 21-237 017262.docx Attachment: Resolution 21-238 017263.docx Attachment: Resolution 21-239 017265.docx Attachment: Resolution 21-240 085726.docx Attachment: Resolution 21-241 085727.docx Attachment: Sawmill Creek.pdf Attachment: Resolution 21-242 016664.docx Attachment: Resolution 21-243 085478.docx Attachment: Resolution 21-244 016665.docx Attachment: Resolution 21-245 085728.docx Attachment: Brookfield Addn.pdf Attachment: Resolution 21-246 085729.docx Attachment: PFP 6-15-21.docx Gary Janzen, Public Works Engineering, presented the item. MOTION: Vice Mayor Johnson moved to approve the petitions and budgets, adopt the resolutions, and authorize the necessary signatures. Motion carried 6 to 0, (Absent: Whipple). V) UNFINISHED COUNCIL BUSINESS - NONE VI) NEW COUNCIL BUSINESS 1.) DRAINAGE AND CLUBHOUSE IMPROVEMENTS – GOLF SYSTEM. (DISTRICTS I AND IV) Attachment: Agenda Report No. VI-1.doc Attachment: Resolution No. 21-247 Troy Houtman, Director of Park & Recreation, presented the item.  Page 5 CITY COUNCIL PROCEEDINGS JUNE 15, 2021 Council Member Frye asked if the ponds at MacDonald will be made larger or grow in size. Stated at one time he remembers a recommendation for those ponds to be larger to make them even a more challenging place to play as well as take care of some of these other issues. Troy Houtman, Director of Park & Recreation stated it is only to make the repairs that we need to meet the capacity that it has had in the past. Council Member Frye stated by making these repairs; will there be an opportunity to make them larger in the future if that is something we have the budget for or was that a recommendation that was just left alone. Troy Houtman, Director of Park & Recreation stated he thinks it was a recommendation that would require a whole lot more design and would have a huge impact on the course design as well and the playability of the course. Stated the idea here is to just to repair what we have to get back to the irrigation capacity that we had in the past. Vice Mayor Johnson asked if anyone from the audience wished to speak; no one came forward. MOTION: Vice Mayor Johnson moved to approve the project, approve the bonding resolution, authorized any necessary budget adjustments and transfers of funds, and approve any necessary signatures. Motion carried 6 to 0, (Absent: Whipple). 2.) WHOLESALE WATER SERVICE AGREEMENT WITH THE CITY OF ROSE HILL. Attachment: Agenda Report No. VI-2.doc Attachment: Rose Hill Agreement.pdf Penny Feist, Public Works & Utilities, presented the item. Council Member Frye asked staff if we can get a list of all of the cities that we have wholesale water agreements with. Penny Feist, Public Works & Utilities stated yes. Vice Mayor Johnson asked if anyone from the audience wished to speak; no one came forward. MOTION: Vice Mayor Johnson moved to approve the wholesale water service agreement with the City of Rose Hill and authorize the necessary signatures. Motion carried 6 to 0, (Absent: Whipple). 3.) WATER SERVICE AREA AGREEMENT WITH RURAL WATER DISTRICT 5 - NRD ADDITION. (DISTRICT II) Attachment: Agenda Report No. VI-3.docx Attachment: Agreement.pdf  Page 6 CITY COUNCIL PROCEEDINGS JUNE 15, 2021 Gary Janzen, Public Works Engineering, presented the item. Vice Mayor Johnson asked if anyone from the public wished to speak; no one came forward. Council Member Tuttle stated she appreciates staff mentioning that it was going to be less than $20 a year because when we see an increase even if it is five percent, we want our residents to know that we are working hard to make sure that the cost is still minimal and thanked RR#5 for their compromise with us. MOTION: Council Member Tuttle moved to approve the Water Service Agreement with RWD 5 authorize the necessary signatures. Motion carried 6 to 0, (Absent: Whipple). COUNCIL BUSINESS SUBMITTED BY CITY AUTHORITIES PLANNING AGENDA VII) NON-CONSENT PLANNING AGENDA - NONE HOUSING AGENDA VIII) NON-CONSENT HOUSING AGENDA - NONE AIRPORT AGENDA IX) NON-CONSENT AIRPORT AGENDA - NONE COUNCIL AGENDA RECESS - EXECUTIVE SESSION MOTION: Vice Mayor Johnson moved to recess into Executive Session for 20 minutes to receive information on an offer of settlement pursuant to K.S.A. 75-4319(B)(2): for legal consultation with the City Attorney, which would be deemed privileged in the attorney-client relationship, Pending Litigation, Legal Advice and Claim Settlement. The Executive Session is required to protect attorney-client privilege and the public interest. The Executive Session will begin at 9:54 a.m. and end at 10:14 a.m. The meeting will resume in the Council Chambers Motion carried 6 to 0, (Absent: Whipple). RECONVENE The City Council reconvened at 10:14 a.m. in the Council Chambers. No binding action was taken. (Mayor Whipple arrived at 10:15 a.m. and took his seat at the bench)  Page 7 CITY COUNCIL PROCEEDINGS JUNE 15, 2021 X) COUNCIL MEMBER AGENDA 1.) ORDINANCE CREATING CHAPTER 2.06 OF THE CODE OF THE CITY OF WICHITA PROHIBITING DISCRIMINATION. Attachment: Agenda Report No. X-1.docx Attachment: Ordinance 51-578 Mayor Whipple stated we have volunteers here from Equality Kansas who works with the Human Rights Campaign who volunteered their hours over the weekend to ensure that we have a choice and opportunity get this right and to have the best ordinance possible that will meet the standards necessary to get us beyond that Wichita attitude that we sometimes have that it is good enough. Stated he wants to thank the public who reached out and are here to talk about why we are doing this and why it is important and wants to say that it is so important that we do the work of the people and don't ever let us forget that we work for you. Stated he will never experience some of the personal discrimination that some of the folks here today have experienced and as Mayor of Wichita and head of this City according to our ordinance, wants to apologize to every member of the LGBTQ community past and present who has ever faced abuse, fear, discrimination, violence or worse within our City while leaders missed such an opportunity that we have here today to protect you and show you through actions and not just words with an ordinance and not just a proclamation that you are valued and a part of our community and deserve to be treated as we would like others to treat us. Kerry Wilks stated she is the Chairperson of Equality Kansas, which is a volunteer role for her. Liz Hamor stated she is the Director of Community Outreach for Equality Kansas and a registered lobbyist for Equality Kansas. Kerry Wilks stated Council people and Wichitans watching, we've got phenomenal ordinances to suggest to you. Stated it might feel rushed but the two ordinances that we have worked on over the weekend have been vetted by Equality Kansas who's been doing this work since 2004 and by the Human Rights Campaign who has been doing this work for a very long time and who has a fleet of attorneys. Stated yesterday we offered the Mayor and several City Council Members two amended versions of the ordinance that Mayor Whipple put forward. Stated you might ask, why these amendments are needed. Stated the first ordinance that was put forward is incredible and speaks to the dignity and worth of all marginalized groups in Wichita. Stated you might wonder why out LGBTQ people are the ones at the stage. Stated it is not just for us, it is for all marginalized groups and LGBTQ people are the ones that are not fully addressed at the state and federal level, which is why we needed an amendment. Stated with this we offered two versions. Stated she will call version one the Cadillac included the creation of a Human Rights Council here in Wichita. Stated anticipating that could be a hurdle, we also brought forth an amendment to the original ordinance that did not have that but rather uses the existing structures to create teeth to a policy so that if someone in a marginalized community experiences discrimination, something could be done about it; there were fines put in. Stated you gotta have something that makes it real and something shows that you are serious about the dignity and worth of all marginalized communities and this is why we stand by Mayor Whipple, proposed these two options for you fine people and we implore you to take one of them.  Page 8 CITY COUNCIL PROCEEDINGS JUNE 15, 2021 Mayor Whipple stated for clarification, the original ordinance that was proposed, we thought that there could be protections at the state level that would have the enforcement mechanism and after speaking to the subject matter experts, learned that was not true, that the state was inadequate for us to move forward with such proposal and that as we might see some enforcement, it severely lacks with the overarching spirit of the legislation that we are trying to discuss today or the ordinance that we are trying to add. Stated when it comes to version 2, the Honda plan, both of these ordinances in front of us today gets the job done and both bring us up to par with the type of cities we want to compete against economically and for young talent and for attracting new talent and retaining the talent that we have and asked the speaker to go over version 2, the Honda plan. Stated it would probably be the easiest and quickest for us to implement and utilize and also allowing our Diversity Inclusion Civil Rights board something to work with and to see if they want to play a larger role when it comes to human rights. Stated everyone should have a copy of the two proposed ordinances and these have all been made public. Council Member Tuttle stated we have an internal policy that everything we discuss from the bench goes to the public by Thursday and is concerned that the public has seen these. Stated we just got these last night and has read it but hasn't had a chance to research it or consult with anyone and is concerned about the public and whether they have access to these documents. Mayor Whipple stated yes, the public has access to this and asked a representative from the Eagle if he has had access to these documents. Eagle representative stated no. Mayor Whipple stated these were presented online yesterday, they have been circulated. Council Member Tuttle asked where online? Kerry Wilks stated she personally put them on the Southcentral chapter of Equality Kansas Facebook page and some of our members asked to see this so she posted them online there. Mayor Whipple stated he posted them on a drop box in social media that posted them throughout all the online discussions he saw with this. Stated we have the subject matter experts here today to go over the ordinances. Stated we are talking about civil rights, it is a pretty standard policy and we talk about protections that other cities have. Stated these are the standards that if you look up other policies from other Kansas cities, there is not a whole lot of new material to consume. Stated anybody who wanted to know what this looks like or what they are; it is available and asked Kerry Wilks to go over the policy for prohibiting discrimination, which mirrors some of the policy that everyone here has had access to since Monday and the public has had access to since Wednesday. Stated the real difference is if we could just walk through the enforcement which is less than a page long, Section 5 a, b, c, and d, which is the new part that was posted last night that the public might not have had access to over the weekend. Kerry Wilks stated the enforcement that was added here establishes fines, it leaves it to the City Attorney to investigate and determine the violations and it gives the people of Wichita the right of private action if the City fails to act and read Section 5. "Enforcement" (a) It is unlawful for any person to infringe upon the right to be free from discrimination based on membership in a protected class in employment, housing, and public accommodations pursuant to Section 2.06.040 of the Code of the City of Wichita.  Page 9 CITY COUNCIL PROCEEDINGS JUNE 15, 2021 Stated she was the plaintiff in the lawsuit that brought marriage equality to Kansas and when she wanted to pledge her fidelity to her beautiful wife, she heard, "if we let you marry someone else is going to want to marry a dog." Stated these what if questions hide discrimination. Vice Mayor Johnson stated he was going to suggest for those at home who haven't seen these documents to read sections a, b, c, and d. Mayor Whipple stated (a) is limiting this to employment, housing and public accommodations. Stated (b) reads Subject to the procedures developed by the City of Wichita, the City Attorney shall receive, initiate, investigate, seek to conciliate, hold hearings on and pass upon complaints alleging violations of this ordinance. If a complaint is not successfully conciliated, the City of Wichita shall hear the matter and make a determination as to whether a violation of this ordinance has occurred. If the City determines that a violation has occurred, the City shall issue an order to cease and desist from the discriminatory practice and levy a fine of [$500] for a first violation, [$1,000] for a second violation, and [$2,000] for a third or subsequent violation. Each day any violation of this ordinance continues shall constitute a separate offense. These penalties shall be enforceable, if necessary, via an action in municipal court. All proceedings described herein shall be conducted in accordance with Kansas law. Mayor Whipple stated this seems like the due process and expiration of facts and to determine that hopefully a mediation could happen between the two parties but if worst case scenario and there is no mediation and if this persists, this allows for the action to be corrected through a fine. Kerry Wilks stated correct. Mayor Whipple asked if there is anymore that we could add to this section. Liz Hamor stated the only thing else is to focus on that people can seek to address Municipal Court, which is an important part that it is through the City of Wichita court. Kerry Wilks stated this section is very simple, it gives everyone the right to due process. Stated we can't assume someone is discriminating and we've got to protect that those in fact have been discriminated. Stated if you have been discriminated, we have some fines here. Stated we have fines to make someone have a reason to stop doing deplorable actions and her experience shows that pocketbooks talk; people respond when their wallet is hurt. Stated we don't just slap on a fine, we are going to investigate and give due process and we have to make sure that we are not going to have crazy stuff happening so we are going to make sure we follow all Kansas laws. Mayor Whipple stated section (c) says If the City Attorney does not resolve a complaint within 120 days, the complainant may seek redress through municipal court. Mayor Whipple stated his interpretation of the 120 days is that it allows plenty of time for a remedy to come up. Stated this isn't like getting a speeding ticket and now you have to go to court and defend yourself, this is you can remedy this with your landlord, boss, or an agent of our City; it gives plenty of time to try to remedy that and if so 120 days pass and there is no remedy, then that is when it goes to court. Kerry Wilks stated yes it could be taken to municipal court.  Page 10 CITY COUNCIL PROCEEDINGS JUNE 15, 2021 Mayor Whipple stated after 120 days and after trying everything else. Kerry Wilks stated after trying everything else and this provides protections for people that might now wish to follow the policy. Stated this is why we have enforcement policies to ensure that the ordinances and laws that the good people see fit to establish are actually followed. Mayor Whipple stated that brings us to (d), which reads (d) This ordinance shall not be construed to limit any other remedies available under local, state, or federal law. Mayor Whipple stated this is another avenue for a remedy between the two parties if this was to come between two parties before it would ever get to court. Kerry Wilks stated correct. Mayor Whipple asked if there are any questions for sections (a), (b), (c) or (d) under Enforcement. Council Member Frye asked legal staff. Stated under section (b) are we are currently set up with our municipal court to be able to handle this. Jennifer Magana City Attorney stated this process would require some steps to consider whether we need to adopt a charter ordinance, whether we need to provide municipal court to become a court of record. Stated it doesn't contain a statute of limitations and is different from the Kansas state law acts in discriminations. Stated we are not set up at this time for this ordinance. Liz Hamor stated she wants to clarify that the language under Enforcement is fairly standard for non- discrimination ordinances not just in the state of Kansas municipalities but also in other states as well. Stated the expectation is that the City Law Department will develop the necessary procedures for enforcement. Mayor Whipple asked how many cities in Kansas already have something like this in the books. Liz Hamor stated we have very few cities and believes it is six. Mayor Whipple stated six cities who have an ordinance like this put into place. Kerry Wilks stated there is actually 20 cities. Mayor Whipple stated we have 20 cities that were able to pass this and their legal departments were able to accommodate and asked if there is any notion that the combination by the Legal Department and any of those 20 cities in Kansas was. Kerry Wilks stated her opinion if Fairway, Kansas City, Lawrence, Leawood, Lenexa, Manhattan, Merriam, Mission Hills, Mission Woods, Olathe, Overland Park, Pittsburg, Prairie Village, Rolland Park, Shawnee, Topeka, Westwood and Westwood Hills can figure out a way to do this with their legal departments, then so can the great City of Wichita. Mayor Whipple stated he agrees.  Page 11 CITY COUNCIL PROCEEDINGS JUNE 15, 2021 Council Member Tuttle stated she has a couple of questions and asking questions is not a bad thing and sometimes posing questions is perceived and being negative or critical or non-supportive and wants to make a statement from the beginning that this is investigating. Stated it a normal setting she would have vetted many of these questions prior to getting the bench. Stated where would the fines go, whose coffers does those fines go into. Jennifer Magana City Attorney stated at this time, the ordinance as proposed does not address that and it is not clear what our authority to enforce this and what judgement would be. Stated those are questions we would need to answer. Council Member Tuttle stated she completely respects when the speaker said sometimes fines hit people the most, your time and your treasure are the most valued things you often have and is not opposed to fines but is curious if there is an opportunity for education. Stated it has always been this Council's thought and even when we were doing the masking ordinance back in July, we really tried to emphasis education as an opportunity and is not saying to not have a fine but is there an education component as well and is that something that could discuss. Stated if someone violates it and we don't give them corrective options, they are probably going to do the same thing again and thinks it is a missed opportunity to not provide some sort of education for people who are discriminating. Kerry Wilks stated she is going to ask one of their lobbyist Liz Hamor to address. Liz Hamor stated in the Cadillac version (1), there is something with the Wichita Human Rights Commission that would provide for more education, more restorative practices as well. Stated she has an education background as an educator and worked with schools to ensure that LGBTQ students felt safe, valued and respected at school. Stated Equality Kansas is working with community partners and other organizations to start providing some programs like that but they are also many organizations in Wichita that do education. Council Member Tuttle asked if that would be woven into this. Mayor Whipple asked if Equality Kansas or one of the other organizations that you guys work alongside with, be willing to work with the Diversity Inclusion Civil Rights Council that right now is getting in place, we have folks appointed and are not up and running yet and are still working with Wichita State but once they start setting that agenda; that they would work with them to help with that education component which would hopefully avoid the usage of this. Liz Hamor stated yes she believes their organizations would be happy to work with and advise on some of those pieces and even be contracted out to provide education and do the work with other organizations to make sure that the work in intersectional so that it covers sexual orientation, gender identity, race, religion, disability and all of those cases. Council Member Tuttle stated something that she thinks needs to be considered as an appeals process that if you are found guilty you have the ability to somebody else. Stated when we had our ethics policy discussion that was something that we were interested in. Jennifer Magana City Attorney stated she doesn't see that appeals process in this ordinance and is something that could be considered if this was to be the direction of Council.  Page 12 CITY COUNCIL PROCEEDINGS JUNE 15, 2021 Mayor Whipple stated it is his understanding that we pass the policy and then it is administered, it is common to have a direction where fines go when with other ordinances, if people are found guilty and they do due process and have to pay a fine, is that commonly handled at the bench or more handled on the administration side. Jennifer Magana, City Attorney stated generally municipal court fines are for criminal offenses and they go to the municipal court general fund. Stated this is a different type of enforcement and doesn't want to speak for the budget process and thinks we just need clarification. Mayor Whipple stated if we pass this, we could work towards that. Bob Layton City Manager stated you could earmark it if you wanted to. Mayor Whipple stated if we didn't want to and kept it the way it is, there is no reason to slow this down at this point because the fines aren't directed towards a particular pie and asked if that is an accurate statement. Bob Layton City Manager stated correct. Council Member Blubaugh stated his over eight years on the bench, he has never seen us get anything like this without the public and we have former Council Members emailing us and asking for more information and asked if staff has dug into this or had any communications with ICMA or NLC about other cities that have had a similar ordinance or do we have any additional background information or benchmarking information. Bob Layton City Manager stated the initial ordinance that was proposed was pandered after an ordinance adopted in Topeka and the reason we didn't make a presentation is because his understanding was that there wasn't support to go in that direction. Stated an alternative had been presented yesterday that the Law Department had just done an initial review on. Stated what is in front of you today, we have not vetted this with other groups. Stated the groups that prepared the ordinance you have in front of you today have benefit of looking and working with other jurisdictions. Mayor Whipple stated it is his understanding that last night there was a legal memo that was sent out; was that sent out to every Council Member and was that memo prepared by legal staff. Bob Layton City Manager stated yes it was. Mayor Whipple stated the main changes to this is four small sections, that part was actually reviewed by staff and was sent out yesterday. Jennifer Magana, City Attorney stated that is correct. Stated that was a very initial preliminary high level review, there is more review that would be appropriate. Kerry Wilks stated she wants to add that Topeka is the only one of the cities that does not have enforcement policies and of all of the other 19 cities do have enforcement policies. Council Member Claycomb stated she wants to verify that of the 20 ordinances that are in all those cities, they are not all the same, correct?  Page 13 CITY COUNCIL PROCEEDINGS JUNE 15, 2021 Kerry Wilks stated that is correct, not the exact same language. Stated we are benefitting from the timing and the expertise of HRC. Liz Hamor stated the importance of having those enforcement policies too, doesn't know if you are all on board with that part of it but Equality Kansas is an organization, we have learned from some of our mistakes and the leadership coach and consultant in her is very transparent about mistakes and learning from our mistakes, which is part of leadership. Stated in 2006, we passed a state-wide bullying prevention policy for schools that had no enforcement in it and we have spent the last 15 years working on getting better enforcement because what we found is that school districts were not implementing the policy, there was not teeth or enforcement in it. Stated we spent a long time trying to fix that mistake and don't want to see that happen again with policy and is why we are really strongly suggesting that enforcement be included in here. Mayor Whipple stated that is just why he is grateful that you reached out to us over the last few days so that we didn't follow those same mistakes. Stated he will now open the floor up to folks who would like to speak to this and share their own experiences. Public comments: 1) Pastor Jackie Carter stated she is the senior pastor at Table of Hope Metropolitan Community Church. Stated she is an openly out queer, highly educated senior pastor of Metropolitan Community Church, it is the first and original church for people who are marginalized in this City. Stated she operates one of the largest food pantries in this town and on a weekly basis deals with every one of these people that is mentioned in this discrimination clause. Stated not once in her 15 years of pastoring in this church as she asked someone who they sleep with so that she can make her judgement about whether she feeds them or whether they matter to her. Stated it is her opinion that every single person that we meet is a unique and unrepeatable gift from God and all she is called to do is to love. Stated she has some strict requirements that for her come from sacred text that says she is supposed to love everybody and this ordinance creates a way that she can say to the grandmothers who are calling her and saying their child had strawberries thrown at them at the grocery store or my daughter got kicked out of her apartment and if you don't think those things happen in Wichita, Kansas, you are living under a rock. Stated we still have landlords that don't want same gender loving folks to stay in their properties; we still have bosses who don't bring that person or talk about it; and when she wanted to go to seminary 20 years ago in Kansas City, Missouri, it was fine for her to go to St. Paul School of Theology as long as she didn't talk about it and tell them who she really was. Stated what this ordinance does is allow all of those folks to live authentically as who they are so that they are not hiding in a bottle of alcohol or an order of pills or 14 plants of weed that they have to keep in their backyard. Stated she commends and asks the Council to please do the next right thing, which is to make certain that everyone of your constituents and every single person who lives in this City; and you are going to have some backlash because she gets it every day but you know what is the right thing to do. Stated you all can figure out and work through all the small details, you are all smart people. Mayor Whipple stated we appreciate your story and sharing your experience with members of this community that this ordinance seeks to protect. Stated is it fair to say based on your presentation, that some of these folks are self-medicating and suffering from trauma for the way they have been treated. Pastor Carter stated she is the one who gets called to the hospital to try and do the funeral arrangements and just did last week on a suicide. Stated she has two kids now, one outside of Wichita and the other in Wichita, 19 and 16 years of age, who have tried to commit suicide. Stated she understands this is a small part of our City and these people are your constituents, they are still people who are unique and  Page 14 CITY COUNCIL PROCEEDINGS JUNE 15, 2021 unrepeatable gifts of God and we need to do something to protect them. Stated we should have learned through COVID that we are not good at knowing that we are supposed to take care of each other. Stated we had to make an ordinance to tell people to wear a face mask to keep each other safe, people wouldn't do it without an ordinance. Stated until we learn how to take care of each other and respect each other, it is going to take a law. Mayor Whipple stated in your professional experience mentoring and pastoring folks who have been victims, do you feel that an ordinance such as this that says it will be a violation of our City ordinance if you were to actively discriminate against someone based on who they are when it comes to housing accommodations and public services; do you think this would have a positive effect on some of the people you have pastored. Pastor Carter stated she thinks it is the first step in the way we need to go. Council Member Blubaugh stated he is sorry to hear about the discrimination she has gone through and wants to make sure we all understand the ordinance in front of us, especially us voting members. Stated the example you gave about a landlord denying someone for being a same sex couple; asked legal staff if that is addressed in this. Stated it was his understanding this was only for City housing. Jennifer Magana, City Attorney this ordinance as drafted would provide correction in three areas, employment, public accommodation and property transactions which includes rental or housing. Stated not just City business but within the City limits. Council Member Blubaugh stated so anybody that does business within the City. Jennifer Magana, City Attorney stated that is correct. Mayor Whipple stated any landlord can't discriminate someone based off race, based off LGBTQ and based off the person who they legally marry if this passes without having to either mediate such discrimination with the person they discriminated against or they will have to face the fines; is that correct. Jennifer Magana, City Attorney stated that is correct. Council Member Blubaugh asked if it would be criminal or civil. Jennifer Magana, City Attorney stated these are civil penalties. Council Member Blubaugh stated it would be enforceable in our municipal court. Jennifer Magana, City Attorney stated it is similar to what the state law provides under the Kansas Act Against Discrimination. Council Member Blubaugh asked how this coincides with our fair housing laws or with the Kansas Landlord Tenant Act. Jennifer Magana, City Attorney stated she hasn't had time to look at all of those intersections but there are federal and state agencies that do enforce federal and state laws in this area.  Page 15 CITY COUNCIL PROCEEDINGS JUNE 15, 2021 Council Member Blubaugh asked if this is already addressed in the Kansas Landlord Tenant Act. Jennifer Magana, City Attorney stated she doesn't believe the Kansas Landlord Tenant Act addresses it but hasn't looked at that since receiving this. Council Member Blubaugh stated he would like additional information on that. Jennifer Magana, City Attorney stated the Kansas Human Rights Commission issued a position statement last fall and would be good to confer with the Kansas Human Rights Commission that they enforce these laws according to the current Supreme Court ruling. Mayor Whipple stated we already discussed the five sentences that were added and have a legal memo and the subject matter experts spoke locally and nationally have said that the enforcement from the state level and current laws is not enough to cover what needs to be covered. Stated that is why our original, which didn't have enforcement at the local level but at the state level, has been deemed inadequate with what we are trying to accomplish today. Council Member Tuttle stated for the community who may be watching, this is not just for LGBTQ, it is discrimination based on age, color, disability, familiar status, gender identity, genetic information, national origin or ancestry, race, religion, sex, sexual orientation and veterans status. 2) Javen Gonzales stated he took off work today because this is important. Stated this affects everyone but some of us are affected more than others. Stated he is guessing that most of you have pictures of your family in your office of your kids and spouses and don't give it a second thought. Stated for many Wichitans, this is not a reality and knows that many of you don't understand that feeling or how difficult that might be and have to think of what people you work with are going to think. Stated these simple things that many of you take for granted, are not a reality for everybody. Stated he has friends who have been in long-term relationships with their spouses who don't disclose that at work because they are scared of retaliation from coworkers or that their bosses aren't going to give them a raise. Stated he has friends who don't go together while looking at renting a house because they don't want to risk not being rented to. Stated he is proud to see Wichita is sponsoring a Pride Fair later this month and organizing that with the LGBTQ community is great but there is a joke in the gay community that corporations during the month of June, change their logos and make them rainbows and a flag, it is all happy and joyous and then after July 1st it is gone. Stated they don't so anything else but that little show of good faith, which is sad. Stated he is asking the Council to not be the joke, you are hosting the Pride Festival but put the policy behind it to back it up and show that you really care about the LGBTQ community in Wichita. Stated he emailed most of you yesterday and got responses from two of you that there are some concerns about enforcement and Council Member Claycomb was concerned that there wasn't enough enforcement on there and is hoping that with these amendments that is something that you are going to support because that was something you were worried about. Stated he is afraid that if it doesn't get passed now, it will never get passed and maybe forgotten and maybe that is what some of you want but hopes you show today that all Wichitans matter and that we are all in this together. 3) State Representative Stephanie Byers stated she is 58 years old and has seen a lot of things that has happened as far as civil rights and acceptance goes in this country and is proud to say that our country keeps moving forward. Stated as a transwoman, she understands discrimination as well in other areas. Stated when she and her wife walk into a restaurant they do not know if the wait staff is going to politely serve us or look at us and make comments about us. Stated those accommodations whether it be in a restroom or sitting at a table or we had to sell our house and we had to turn around and go into the rental  Page 16 CITY COUNCIL PROCEEDINGS JUNE 15, 2021 market; we need to know that we can be protected and that we have the right to housing and that we can be consumers of this country and be able to so in such a way it is not thrown against us. Stated the enforcement possibilities of this ordinance are very important because as a former teacher, understands when you make rules if students don't know what the consequences are with they violate those rules, they will push and push and try to cross the line but if they understand there is a consequence for that action immediately, it gives them pause to think and a moment to take a breath and say what happens if I do this. Stated when talking about discrimination we need to let people know that there are consequences to these actions when you don't treat people with kindness. Stated treating people with kindness and making sure that their rights are at front, in October 2019, she stood outside the U.S. Supreme Court and spoke at a rally on a case that has changed the way we interpret Title 7 Civil Rights Act on the basis of sex so that it now includes gender identity and sexual orientation but that doesn't cover accommodations all it covers is employment and only covers employment of companies that are large enough to be covered by the Equal Employment Opportunities Commission. Stated this is where we talk about why this is so important that we have these enforcement capabilities because as a country, we are not there yet. Stated the Kansas Act Against Discrimination does not include sexual orientation or gender identity, the Kansas Human Rights Commission has said they won't interpret that but Commission says it is subject to the whim of the Governor and with a new Governor that can change. Stated we need to make sure that what we have here in Wichita shows that this state and this City that we are willing to be a leader for all communities and that we stand to support everyone who lives in this great City. Vice Mayor Johnson asked State Representative Byers if she has a number of employers of the size of 10 or 15 employees or higher. State Representative Byers stated she believes its 40 employees or larger but would check with the EEO. Vice Mayor Johnson stated so anyone under whatever that number actually is wouldn't be covered by those protections. State Representative Byers stated correct. 4) Karen Casey stated although she is not of the LGBTQ community, she knows all about discrimination. Stated she is 81 years old and is still being discriminated against by people all over this world. Stated it is time that we put that behind us and just because people are different then us, you don't have the right to judge them. Stated you need to protect these people against discrimination. Stated do the right thing and every now and then, you can call yourselves Christians, you need to crack your bible every now and then and don't just read it, study it. Stated God says he loves everybody and we are only here for a little while so do the right thing and pass this and let these people live in peace. 5) Liz Hamor stated she has been doing advocacy work for the LGBTQ community since her calling found her when she was a ministry leader in her church. Stated she has so many black LGBTQ friends in this community whose stories she carries with her. Stated when anybody is discriminated against it chips away at who they are and that is why we see social and emotional and health disparities and believes that is why she was originally invited to the Health Coalition to help reach and educate ono the health disparities for the LGBTQ population. Stated there is so much overlap for our LGBTQ students of color, for our LGBTQ students with disabilities and a non-discrimination policy can protect them in all parts of their identity and you can't piece out those parts of their identities. Stated it is so important that they are able to be seen in their whole entirety and identities. Stated doing this work for so long, she has become a safe space for people to share their stories and to ask advice. Stated she wants to help be that connector to those stories if you need to hear some and how discrimination has affected them. Stated last weekend a  Page 17 CITY COUNCIL PROCEEDINGS JUNE 15, 2021 mother reached out to her, her child is black, middle school and transgender and he needed a swimsuit. Stated he wants to swim in a public pool that he can show up authentically in. Stated she didn't have the funds for it because gender neutral swimsuits are pricey. Stated we rallied and asked some friends and kept it anonymous but her child deserves to be able to go to a public pool and not worry about discrimination and to know that if he is discriminated against at a City pool, that there are protections for him in place. Stated it is hard enough for the black mamas to raise black children in Wichita, we know that there is still a lot of discrimination here based on race and to have that added layer of him being transgender as well and knowing the hostility against Trans kids. Stated she has spent the last seven years working with LGBTQ youth and unfortunately we have had to bury individuals for several of youth because this world is hostile to them and in the GLSEN world and the education world with know with statistics that non-discrimination policies that are LGBTQ inclusive save lives. Stated ordinances are so important, they give a statement that we are not going to allow discrimination here and to help set the tone and the enforcement pieces are also necessary. Stated she would live to see Wichita not just do some rainbow washing for Pride Month but also set the tone in our City that discrimination of any kind is not welcome here and that those who are discriminated against, the City is going to have their back. 6) Kerry Wilks stated it is important that we all understand what this might mean to people in our community. Stated there is pain and she puts on a public face so many times and give speeches to cover up the fear of the hatred, death threats, and of the people that say she is less than. Stated a fear she didn't know when her parents brought her into this world as a privileged white person. Stated she has cried in her pastor's arms when people said you cannot get married, you will lower my property taxes. Stated she sat at rehearsal for the church choir and sobbed because she was with people who knew her and knew what discrimination was like and she was safe. Stated she put on her smile and courage and her warrior activism and went back to work. Stated there is someone out there that needs you; there is someone who doesn't have the courage to stand up here and talk and is hovering in shame and silence whether it is in a bottle, whether they are about to take their own life, they need you. Stated you have heard a lot about LGBTQ people today because we are the only group that is not in other ordinances and laws and that does not mean that other people are not worthy and God help you if you are an LGBTQ person of color or an LGBTQ that identifies as Trans and a person of color. Stated she does not exaggerate when she says there is a war against our Trans youth; these protections would matter and would save lives. Stated hate is not a Kansas value and implores the Council to pass an ordinance with enforcement policies. MOTION: Mayor Whipple moved to accept the version of the non-discriminatory ordinance that only added eight sentences for under enforcement that was kindly dubbed the Honda plan and that legal has provided a legal memo for it and that we add this to our ordinance and this will pass out today. Motion failed due to lack of a second. Council Member Claycomb stated she wants to thank Equality Kansas and others for being here today and for your work and presenting information today. Stated she does support a non-discrimination policy but today we have three policies in front of us and only one has been reviewed by the citizens. Stated we as a Council have had little time to review the two presented today because we received them late yesterday and it is Council policy that items be in our agenda by noon on Friday. Stated these were very moving stories today and she supports a non-discriminatory policy but if they are not in our packet, they are not to be added and it is unfair to the residents of our City who want to read and reflect and comment on items that are on the City Council agenda. Stated ordinance changes of this magnitude should go through channels for community input, none of these proposed ordinances have gone through normal channels and have not gone through our DABs or any other board that have a stake in this policy. Stated  Page 18 CITY COUNCIL PROCEEDINGS JUNE 15, 2021 in this case we have a Diversity Inclusion Civil Rights Board and is frustrated that we spent so much time creating this board to bypass them and their deliberations and recommendations. Stated she agrees with Pastor Carter that we can work this out and that is why we have these citizen advisory boards. Stated these community input channels are put into place because of calls from the community for more transparency in what we discuss and what we vote on from the bench and finds it disingenuous to talk about transparency and ignore it because it doesn't fit an agenda. Mayor Whipple stated all but eight sentences was presented on a Monday to every member of this board and could have at that time asked for the item to be pulled off the agenda and no one asked and asked staff if that is a fair statement. Council Member Cerullo stated no. Bob Layton, City Manager stated a fair statement is that the initial ordinance was provided to the Council on Wednesday. Mayor Whipple stated he got an email on the 7th, which is Monday and the initial ordinance that lacked these eight sentences was on that email. Bob Layton, City Manager stated yes that is correct but that didn't go to the entire Council, it went to the Mayor, Vice Mayor and Council Member Claycomb for review of consent items. Mayor Whipple stated the ordinance that was made public on Monday, this is an amendment to that ordinance and even strikes the language that context experts say we should have, which means this is based on minus the eight sentences that we already went through and is based on what the public had access to on Wednesday. Stated we went through this entire weekend and no one asked for clarification or for more information on the ordinance. Bob Layton, City Manager stated in fairness this enforcement language wasn't provided to anyone until yesterday. Mayor Whipple stated right, eight sentences, we have made amendments up here that aren't even written down or gone through context experts; we do that all the time up here; are we going to now start tabling stuff if we have an amendment that is made off the cuff from the bench especially one that has all of the subject matter experts. Stated it is absolutely 100% valid statement that all of the eight sentences have been given with over days of review and no one has asked him, texted him or sent him an email saying that they needed more clarification. Stated how long do we need to let people to read these eight sentences, which we have already read, before you can agree that discrimination shouldn't be tolerated; how long does it take, do you want a week, do you want me to call a special meeting on Friday, would that give you enough time. Stated tell me what to do so that we can get this done. (Mayor Whipple momentarily left the bench; Vice Mayor Johnson in the chair) Council Member Tuttle stated regarding the eight sentences, she had questions and agrees with Pastor Carter, we can work it out and we will but we can't pass something and work it out later. Stated you have to do it right the first time. Stated her questions regarding the eight sentences that really do matter, because it is the change but it is the teeth and we try not to pass things that are aspirational and we will work it out later, so know that she has heard you and agrees with you but her questions were: where do the fines go because she thinks that matters and is still concerned about some sort of an appeal process  Page 19 CITY COUNCIL PROCEEDINGS JUNE 15, 2021 because whether we like it or not, sometimes people have a nefarious intentions and wants to make sure that all of our residents are being protected. Stated we want to protect the most vulnerable populations that are listed in this ordinance but also thinks we need to have some sort of mechanism to protect everyone. Stated it has been said from folks on this bench that we should practice the policy of engagement first and policy second and we missed that this time. Stated we heard from context experts and subject matter experts but would have also liked to have the opportunity to get feedback from veterans groups and aging groups and other folks. Stated we are beholden as elected officials to get input from our community members and constituents. Stated she is not going to be in opposition and thinks we need an ordinance but has questions that haven't been answered. Jennifer Magana, City Attorney stated to answer your question about fines, it would need clarification if you want to earmark those funds if it were to be adopted today and the appeal process. Stated there is also a question on statute of limitations when these need to be filed by. (Council Member Blubaugh momentarily left the bench) Mayor Whipple stated we would need only if we earmark it once we earmark those funds. Jennifer Magana, City Attorney stated she believes so. Mayor Whipple stated the question was do we need to wordsmith it as far as fees or fines to people who are found guilty of discriminating against folks. Stated we could pass this without earmarking it but if we wanted to earmark those funds we could do that and you guys could handle the administration of this if we chose not to earmark those funds today. Jennifer Magana, City Attorney stated yes. Council Member Frye stated he has been on this Council six years, some of you are new to him from their first term but thinks during his first and second term he has learned that this Council has always believed in making this the best City it can possibly be and that means being inviting, welcoming and inclusive. Stated hopefully what we are talking about today gets us to something that is better than just good enough. Stated the questions demonstrate that we are concerned about doing something that is proper and helps all marginalized people feel welcomed and invited. Stated he is concerned that many of our neighbors have not seen these documents and have not been contacted with these proposed ordinances and even though it is just eight sentences, those eight sentences have weight to them. Stated we typically do this to create, build coalitions, get feedback or consensus and to develop refinements to make it better. Stated right now this feels ironically enough not inclusive, we are leaving people out. Stated what happened to engagement first and policy second, are we ensuring that everyone is equally represented and has the opportunity to be heard. Stated we formed a Diversity Inclusion Civil Rights board earlier this year, they are still working on getting established and hasn't had the opportunity to give us feedback and it has been mentioned that our DABs and any other group outside of Equality Kansas and appreciates you being here and helping draft this but you are one group and there are many groups that need to be heard and thinks you are hearing from this Council and some of the questions that are being asked; let's get it right and something that is just not good enough but aspirationally as best as it can be. Mayor Whipple stated he is going to add to that, every news station has reported on this this weekend, every news outlet including the Wichita Eagle has reported on this and not one person came here today to argue against this. Stated we had people come here today who are subject matter experts and people whose lives are impacted by this who mentor and pastor to children who are dealing with their children  Page 20 CITY COUNCIL PROCEEDINGS JUNE 15, 2021 committing suicide because we don't have something like this. Stated so the idea that we need to put this out because there may be a group that wants to come in and argue against an ordinance to protect people from discrimination that 20 other cities have passed; finds that not a good enough reason to vote against this ordinance that should have been done already. Council Member Frye asked the Mayor why he is objecting to transparency. Council Member Tuttle stated the reason that the fantastic speakers are here today is because you were aware of this and the additions, you had the luxury of being involved in the process this weekend. Stated it is not that she is not going to be supportive but thinks we are beholden to listen to the constituents and our community members and it was a missed opportunity not because she wanted people to come who are against it but quite the opposite, maybe there are some good nuggets of things we can do to make it even better. Stated she would strongly encourage us as colleagues, in the future to give things time and attention that they deserve and again; community engagement first and policy second should be our standard so that we are transparent and engaging people in a way that is authentic and meaningful. Council Member Cerullo stated he has thought long and hard about how he would vote on this today. Stated the fact is he hasn't and as a proud gay man, he is a bit offended. Stated no one came to him to ask what he thought about this plan. Stated to say that he would not support non-discrimination would be foolish, he absolutely supports non-discrimination but what is before us today is rushed and unprepared, this has not been made public and will not be supportive of it today. Mayor Whipple asked Council Member Cerullo if the representative of Kansas Equality called him last night. Council Member Cerullo stated he called him. Mayor Whipple asked if he had a chance to talk last night and go over any of the concerns that he might have today with this ordinance. Council Member Cerullo stated he is not going to debate with you. Mayor Whipple stated you said you had a chance to discuss this ordinance and wants to know if on that call you discussed this with the representative of Equality Kansas. Council Member Cerullo stated he had a discussion with Tom and discussed his concerns with him and discussed exactly what he said at the bench publicly. Stated I said that we needed an enforcement mechanism, which was brought to him last night; these two documents were brought to him last night. Stated that is not transparency. Stated it was his birthday last night and spent time with his family and got up at 1:30 a.m. to start his second job, so please don't tell him that he hasn't had time to review this, because he hasn't had time to review it. Mayor Whipple stated he wants to point out that no one has asked any questions when we went line by line of the eight sentences with the subject matter experts and asked if there is anybody who would like to ask those questions now, with hopefully the opportunity of clarifying. Council Member Cerullo stated Council Member Tuttle has brought up a number of very important questions that he and other Council Members are concerned about. Stated this is rushed and unprepared.  Page 21 CITY COUNCIL PROCEEDINGS JUNE 15, 2021 MOTION: Council Member Cerullo moved to table this for one month. (Second by Frye) SUBSTITUTE MOTION: Mayor Whipple moved to substitute motion that we pass it this out. Vice Mayor Johnson stated we are better than what we are showing the public right now; we have to do better, this is serious. Stated he understands disagreements but we are better than this. Stated let's keep having the dialogue and talk this through. Stated although he is supportive of this, these are valid questions that need to be answered as we work this out and will use his experience as a 16 year old who worked at Burger King, who felt discrimination. Stated if I didn't know what the process was to complain or to get justice, I would have what I have, which was watching someone who was less qualified become a manager when I couldn't be one and who was younger than me. Stated it was because I was black. Stated this is important to him because he is one of those protected classes. Stated he knows it is hard to go through the state and federal government but we are better than this, we need to get these questions answered whether it is right now at the bench or whether it is finding a way to pass and push off the second reading. Stated whatever that looks like, the public deserves it, we deserve it and we need to be those examples for the community. Stated we can and have been better than this and we need to be better than this. Mayor Whipple stated there is a substitute motion to pass this bill today, is there a second? Council Member Tuttle stated she is confused. Mayor Whipple stated we have two motions on the floor, one of them was to table this for a month, which someone yelled second but didn't have the floor, and I made a substitute motion to pass it out as it is, which means if my motion fails, it goes back on to the first motion which is to table. Stated he wants to get a vote on this and doesn't want to put it off because it has been put off for over 20 years and we have no indication that anyone else is interested to come here and speak. Stated we have had no indication that the folks who want to be heard today besides those who emailed and that's because we have had every major news outlet in our area say this is what is happening today. Stated we can pull it off second reading and pump the brakes on it then if something comes up but doesn't want to make these subject matter experts take more time off and have to come here and do this again out of the off chance that we will have credible opposition that we would want to adhere to this. Stated he has made a substitute motion to pass it out as it is. Stated if you all vote no and it doesn't have enough votes, then the motion to table is back on. Council Member Tuttle stated we have a motion and a second to table it and now we have a substitute motion to pass it today that doesn't have a second and you are looking for a second. Mayor Whipple stated correct we are talking to the motion and if his substitute motion has a second and fails, it goes back to the motion to table and we vote on the motion to table. Council Member Tuttle stated she still has questions about this and the enforcement and still doesn't know where those land and her fear is that if you get a second and we pass it, that we just move on and those are not addressed, which are important to her. Stated she was reminded that we do need a really robust plan because how would a 16 year old have known about this or women or veterans or anyone who is under this going to find out. Stated she would be willing to move forward to day if she can know how her issues are going to be addressed.  Page 22 CITY COUNCIL PROCEEDINGS JUNE 15, 2021 Mayor Whipple stated if we move forward today with this, if one of the opportunities for us to still gather more information to make changes if needed. Jennifer Magana, City Attorney stated the ordinance would be without that information would be passed with the questions not yet answered. Stated it doesn't contain the statute of limitations and doesn't contain some definitions so those things are not included and would not be effective until second reading. Council Member Tuttle stated you are saying if we pass this today, it goes on first reading, we have the opportunity then to do research and go back and add where the fines go, what the appeals process is before second reading or would we have to start over again. Jennifer Magana, City Attorney stated that is correct, second reading is generally to make minor corrections and tweaks and in our past it is then usually referred to that process. Stated second reading is when it would become effective. Council Member Tuttle stated while she is not at all pleased with the way this was handled or brought to us because residents did not have an opportunity to provide feedback, even though it happened this weekend, these eight sentences changes a lot for a lot of people. Stated with that said, is willing to make a second so that we can have continued discussion and potentially move this forward. Stated she doesn't think anyone is especially concerned about the ordinance, as the way it was handled and that is not fair to our community. ***Council Member Tuttle seconded the substitute motion*** Council Member Claycomb stated first of all she would like to know what we are voting on but we did get a list of definitions of protected classes this morning and didn't have it last Friday as we should have. Stated there were questions about this earlier about what employment means, housing means and public accommodations means. Stated you are asking us to vote on acceptance of this and there have been questions about that because this means that every business here in Wichita would be affected by this, every landlord would be affected by this and would like the definition of public accommodations and would like legal to weigh in on that to make sure that her definition is correct. Jennifer Magana, City Attorney stated that definition could be adopted from federal or state and doesn't have the definition before her to provide to you at this time. Stated we can find one that we agree on. Stated she thinks it is for employer and for instance the state law and federal law define employer differently depending on the number of employees so those are some definitions that should be included after further research. Mayor Whipple stated we could add that at second reading since it falls under the same category that was mentioned. Jennifer Magana, City Attorney stated yes. Council Member Claycomb asked if second reading happens next week. Bob Layton, City Manager stated traditionally it would, it would be up to the Council to determine a date certain when the second reading would come back.  Page 23 CITY COUNCIL PROCEEDINGS JUNE 15, 2021 Council Member Claycomb stated generally second readings are on the consent agenda, so we would have to pull it off of the consent agenda and next week is not a regular meeting. Bob Layton, City Manager stated correct and thinks you could direct in the motion that it come back for second reading on Unfinished Business. Council Member Tuttle stated she would not want it to be on consent and would be happy to pull it off consent but would also not want it to be next week because we have a workshop and we need more time. Stated July 6th is the next regular meeting. Mayor Whipple stated he would be happy to support that and thinks we are all in consensus that we would want to ensure that all other input is utilized. Council Member Blubaugh stated he is surprised that you are discouraging us from wanting to discuss this and rush it to a vote. Stated he doesn't think that is in the best interest and feels like everything done here procedurally has been wrong and feels this needs to go out to the DABs and feels it needs more public input and thinks we need some feedback from legal as to overlap on the Kansas Fair Housing laws with our Kansas Landlord Tenant Act and will not be supportive of rushing something today. Council Member Johnson stated he would like to offer a friendly amendment that we have the second reading come back to Council on Unfinished Business on July 13th because of the July 4th holiday. Bob Layton, City Manager stated if it makes a difference he will not be here on the 13th. Vice Mayor Johnson stated July 6th then. Stated he just wanted to take into consideration of the July 4th holiday but that is a couple of weeks to get some of these questions answered when it comes back to Council, so if you would accept that friendly amendment he is happy to support this. Council Member Claycomb asked Vice Mayor Johnson if he offered a friendly amendment to move it to July 13th. Vice Mayor Johnson stated he did but the City Manager will not be here so he went back to July 6th and for it to come back on Unfinished Business and not the consent agenda. Council Member Claycomb stated this does still trouble her that we are not taking this out to the public as Council Member Blubaugh said but this does give them some time to come back. Stated she is concerned that legal staff said that generally on second reading we only do small changes to an ordinance and asked legal staff if there is a definition on what cannot be done on a second reading. Jennifer Magana, City Attorney stated no. Stated the ordinance needs to be made again to include placing this ordinance on first reading and direct when your second reading is going to be. SUBTITUTE MOTION WITH FRIENDLY AMENDMENT Mayor Whipple moved to pass the ordinance with the enforcement that we have been discussing and that second reading be taken up on July 6th under Unfinished Business on our agenda. Council Member Frye stated we got two copies of the ordinance, one which was described as the Honda plan and one that was described as the Cadillac plan. Stated the Cadillac plan had the creation of the Human Rights Commission and enforcement and asked the Mayor if that is the one or is it the basic one.  Page 24 CITY COUNCIL PROCEEDINGS JUNE 15, 2021 Mayor Whipple stated it is the Honda plan with the eight lines. Motion carried 4 to 3 (Nays: Blubaugh, Frye, and Cerullo). XI) COUNCIL MEMBER APPOINTMENTS AND COMMENTS 1.) Board Appointments. (NONE) Council Member Tuttle stated we established a policy that we would be transparent in our community and that we would allow everyone to have the opportunity to review the information that we are going to discuss on Tuesday, that we can do research, talk to our constituents and staff and think about unintended consequences. Stated if we passed a policy today, an ordinance that is important, that policy is just as important. Stated we didn't pass it just for grandeur or whatever and is going to strongly recommend that this Council not bring things forward that do not follow our policy. Stated we had guests here today that took time off work, we had people who were vested in this and for that is grateful and is part of the decision to move forward maybe for some. Stated she hopes this never happens again because it is not fair to staff, it is not fair to the fellow Council Members and is certainly not fair to our community. Council Member Frye stated this week is the Wichita Open at Crestview Country Club. Stated it is a positive event and last year they were not able to do it the way they traditionally do but the crowds are back and it is a benefit for KU Wichita Pediatrics and wished former Mayor Jeff Longwell a happy birthday. Vice Mayor Johnson reminded the community that this week is a great week for Juneteenth, there will be lots of celebrations and some of our local restaurants are partaking in a Juneteenth drink that benefits a scholarship for Mr. and Miss Juneteenth. Stated this Saturday at MacAdams we will have the Juneteenth parade and a day full of events and fun and food for the community. RECESS – EXECUTIVE SESSION: MOTION: Mayor Whipple moved to recess into Executive Session for 40 minutes to consider finalists for the vacant Municipal Court Judge position pursuant to K.S.A. 75-4319(B)(2): to discuss personnel matters of non- elected personnel. The Executive Session is required to protect the privacy interests of an identifiable individual. The Executive Session will begin at 12:30 p.m. and end at 1:10 p.m. The meeting will resume in the Council Chambers. Motion carried 7 to 0. RECONVENE The City Council reconvened in the Council Chambers at 1:14 p.m. MOTION: Vice Mayor Johnson moved to adjourn the meeting. Motion carried 4 to 0, (Absent: Whipple, Blubaugh, and Cerullo).  Page 25 CITY COUNCIL PROCEEDINGS JUNE 15, 2021 ADJOURNMENT The meeting was adjourned at 1:15 p.m. Respectfully submitted, Karen Sublett, MMC City Clerk  Page 26 CITY COUNCIL PROCEEDINGS JUNE 15, 2021 ATTACHMENT 1 - CONSENT AGENDA ITEMS 1 THROUGH 7a. II) CITY COUNCIL CONSENT AGENDA ITEMS 1) Applications for Licenses for Cereal Malt Beverages: a.) Applications for Licenses to Retail Cereal Malt Beverages: Attachment: CMBS FOR June 15, 2021.docx 2) Preliminary Estimates: a.) List of Preliminary Estimates. Attachment: PEsforCC_06-15-21.pdf b.) Preliminary Estimates for Paving Improvements to Serve Firefly Way Addition. Attachment: NTBA PV Firefly Way Addn.pdf c.) Preliminary Estimate for water improvements to Serve Firefly Way Addition. Attachment: NTBA WDS Firefly Way Addn.pdf 3) Minutes of Advisory Boards/Commissions: Library Monthly Activity Report May 2021 MABCD Board of Appeals, May 6, 2021 Library Board of Directors, May 18, 2021 Attachment: Library Monthly Activity Report May 2021.pdf Attachment: MABCD Board of Appeals, May 6, 2021.pdf Attachment: Library Board of Directors, May 18, 2021.pdf UNCATEGORIZED ITEMS: 4.) Bicycle/Pedestrian Path Easement at Partial Acquisition of 2007-2023 North Arkansas Avenue. (District VI) Attachment: Agenda Report No. II-4.doc Attachment: Supporting Documents.pdf 5.) Abatement of Dangerous Structures. (Districts I and IV) Attachment: Agenda Report No. II-5.doc  Page 27 CITY COUNCIL PROCEEDINGS JUNE 15, 2021 Attachment: Ordinance 51-579 6.) Kansas Leadership Center Kansas Beats the Virus Grant. Attachment: Agenda Report No. II-6.doc 7) Second Reading Ordinances: a.) List of Second Reading Ordinances. (first read June 8, 2021) Attachment: List of Second Reading Ordinances 06-15-2021.docx II) CONSENT PLANNING AGENDA ITEMS - NONE II) CONSENT HOUSING AGENDA ITEMS - NONE II) CONSENT AIRPORT AGENDA ITEMS - NONE