City Council Meetings

Page 1 CITY COUNCIL PROCEEDINGS OCTOBER 12, 2021 MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, October 12, 2021 Tuesday, 09:00 AM The City Council met in regular session with Brandon Whipple, Brandon Johnson, Jeff Blubaugh, Becky Tuttle, Bryan Frye, Jared Cerullo, and Cindy Claycomb. Staff Members Present: Bob Layton, City Manager, Jennifer Magana, City Attorney, Karen Sublett, City Clerk, and Toni Lewis, Housing Board Member. Mayor Whipple called the meeting to order at 9:00 a.m. Approve the minutes of regular meeting on October 5, 2021 MOTION: Mayor Whipple moved to approve the minutes of regular meeting on October 5, 2021 Motion carried 7 to 0. Mayor Whipple read aloud the following Proclamations: Law Enforcement Memorial Week White Cane Awareness Day I) PUBLIC AGENDA - NONE II) CONSENT AGENDA ITEMS 1 THROUGH 14 Vice Mayor Johnson asked for consent item II-7 to be pulled. (Action shown in order of agenda) Bob Layton City Manager stated that housing consent item II-13 will need to be pulled in order for the Housing Authority Member to vote on it. (Action shown i order of agenda) MOTION: Mayor Whipple moved to approve consent agenda items 1 through 14 in accordance with the recommended actions shown thereon; excluding items 7 and 13. Motion carried 7 to 0.  Page 2 CITY COUNCIL PROCEEDINGS OCTOBER 12, 2021 COUNCIL BUSINESS III) BOARD OF BIDS AND CONTRACTS 1.) Board of Bids and Contracts dated October 11, 2021. Attachment: 10-11-2021 Board of Bids.pdf Hannah Lang, Finance Department, presented the item. MOTION: Mayor Whipple moved to receive and file report, approve the contracts and authorize the necessary signatures. Motion carried 7 to 0. IV) PETITIONS FOR PUBLIC IMPROVEMENTS - NONE V) UNFINISHED COUNCIL BUSINESS 1.) ORDINANCE CREATING CHAPTER 2.06 OF THE CODE OF THE CITY OF WICHITA PROHIBITING DISCRIMINATION. Attachment: Agenda Report No. V-1 Revised (1).docx Attachment: Proposed NDO Ordinance 51-654 Attachment: Ordinance 51-654 NDO with Authors edits (3).pdf Attachment: DICR Advisory Board NDO Letter to Mayor and Council.pdf Attachment: DICRAB Recommendation September 2021.pdf Donte Martin, Assistant City Manager, presented the item. Kelly Grant, DICR advisory board member reported on the background and what they did as an advisory board to come up with this recommendation. Stated they met as a board on September 21, 2021 and the board voted 9-1 to pass the NDO ordinance with their official recommendations: Uphold the NDO regard religious exemptions and exceptions as originally written; we uphold he NDO regarding the use of language perceived or actual as written; we uphold the NDO and create agreement between agencies as to how these case are adjudicated and implemented; we recommend that we amend the language and institute a waiver program or sliding scale fee system for those who are unable to pay the mediation fees; we also recommend additional consideration in terms of extending the filing time from 60 to 180 days to be more consistent with other agencies and other NDOs and consider adding protection of citizenship under housing and public accommodation. Pastor Dioane Gates, DIRC advisory board member stated I was the one dissenting vote as it relates to the NDO proposed by the City. Stated I am a proponent of inclusion that participate in activities that continue to try to foster opportunities in our community to help bring people who are marginalized and disadvantaged, to tables that they are normally not included in. Stated I also do not agree with people who  Page 3 CITY COUNCIL PROCEEDINGS OCTOBER 12, 2021 are being violated laws or those who are being perpetrated against by community members and I think the citizens of Wichita and other communities who have looked at the proposed NDOs across the nation, have an expectation to expect safety in their communities. Stated there were a couple of things that were elevated during the time we got a chance to look over the NDO and one of the things concerning to me was the fact that I didn't feel like the process created a trustworthy environment by those who would be impacted for the positive or the negative. Stated I looked at some other cities who have NDOs and one of the concerns for these communities was economic benefits of getting one of these proposed ordinances on the books. Stated some community members elevated that and I also heard leanings towards that by our elected officials. Stated my concern for that is that it then puts those protected classes in a position to be commodified, objectified and used as a bridge to move some other agendas along as opposed to really being concerned about those in those protected classes. Stated the second reason why I dissented from the votes that were cast for the NDO is it felt like a piece of Frankenstein legislation, that there were pieces carved from already existing state statutes and also some national laws that created for me some confusion as the board and I discussed and looked over the materials and asked questions about what does this mean, who can define this, do we know the long-term impacts on school districts. Stated there were no answers for any of these questions and I believe that is due to the fact that it included so many pieces of what was believed in its crafting, the best of each of these laws that were already on the books. Sated I feel that the ordinance excluded one of the most pivotal pieces of civil rights legislation that has ever been created. Stated the Civil Rights Act of 1964 is not included in this piece of proposed legislation, doesn't know exactly what that means and thinks that is a robust conversation for another time. Stated it also elevates some other red flag for other people in our community that have experienced some injustice. Stated concerns for me about just creating laws specifically that might already exists on the books and I think for other citizens who might agree with my position. Stated the question I have is are we really genuinely solving a problem or are we just trying to slap a technical fix on the situation. Stated I believe that one of the challenges that face us and our communities, specifically folks in these protected classes as it relates to employment, housing and public accommodations is the fact that we have a level of civil ignorance and we don't have clear and echoing pass of access to the laws that already exist on the books and for us to feel like we would be able to craft a hodgepodge of potpourri of laws and form together on a piece of paper that say this is going to be the fix; it is fantasy-full at best. Stated the ultimate challenge is, how our citizenry who have experienced, are experiencing or will experience injustice; how do we get those folks engaged in a way that is meaningful with the laws that already exist. Stated to me it would be more beneficial and effective with the resources and time of our community to be able to elevate those things. Stated I would hope that Wichita as a city would be more active and lead in a way and that we just wouldn't go along with what other cities have adopted because that is what seems to be mainstream. Stated my hope is as we move forward is that this Mayor and City Council would refuse to adopt this NDO and put more emphasis in energy on elevating paths that already exist to our citizenry so that we would be a City that stands out and leads in a different kind of way. Mayor Whipple asked if anyone from the audience wished to speak. 1) Karyn Page, Envision, stated Envision is the largest employer of blind and visually impaired talent in the region with a significant impact to Wichita on the regional economy. Stated I employ a team of eight people who are either blind or visually impaired who offer a richness of diverse thought and talent that enriches our economic impact. Stated like many corporations in the area, Envision recruits talent to the area and a welcoming environment that is diverse, inclusive and provides equity for all is of the utmost importance. Stated I hope we see the passing of this ordinance so there is a clear message that we send to the world about the importance of diversity, equity and inclusion.  Page 4 CITY COUNCIL PROCEEDINGS OCTOBER 12, 2021 2) Allan Trenary stated bringing up the act of 1964, a lot of this stuff is around people wanting to hang on to their tightly held beliefs that there is something wrong that other people do. 3) John Rolfe, President and CEO of Wichita Regional Chamber of Commerce, stated on behalf of the Chamber and our nearly 1,500 members, I am here today to provide some input and comment on the ordinance creating Chapter 2.06 of the Code of the City of Wichita prohibiting discrimination. Stated the Wichita Chamber is supportive of policies that prohibit discrimination and promote equality for all persons. Stated we have engaged with the City on this topic through our government relations committee and your young professionals affiliate organization. Stated the Chamber supports policies that prevents discrimination and we want to continue to work with you to ensure that Wichita is a welcoming inclusive community that attracts and retains diverse talent. Stated sending a message to talented diverse individuals that we are an inclusive community is a positive step forward. Stated we trust that this NDO is complimentary to and not in conflict with existing public protections for non-discrimination at the state and federal levels of government. Stated we trust that the NDO will not place an undue burden on employers or employees all while respecting individual rights and protecting Wichitans from discrimination in housing, employment and public accommodations. 4) James Kilpatrick stated I request you not approve this ordinance, 20 years of letting matters be settled in HR Departments, Kansas and federal court systems has proven the ordinance unnecessary. Stated if this ordinance is adopted it will cause disharmony in the community, cost Wichita an unnecessary burden on resources, staff, and the legal system and weaponize Wichita to support the LGBTQ+. Stated the Law Department approved this ordinance as to form, quite an appropriate phrase since the intent and development and prosecution of this ordinance is not revealed. Stated this ordinance has changed from the parties involved bearing the expense to the City possibly paying for the program encouraging frivolous complaints and further weaponization of City resources. Stated the precursor ordinances to 51-600 were authored, vetted and brought to the Council by crafty process by the LGBTQ+ group. Stated this is a weaponization process to enhance the LGBTQ+ cause by punishing opposing parties. Stated the LGBTQ+ cause references other cities but Wichita is the fruit on the tree indirectly influencing other people in the state, other governmental bodies and directly affecting the largest population in the City in the state. Stated there are going to be unintended consequences if this ordinance is adopted. Council Member Cerullo stated the speaker mentioned fees and we do have an amendment that is proposed on today's ordinance, the City Manager and I had discussed the City taking over the fees and ask the City Manager to talk about how much you expect that to cost the City. Bob Layton, City Manager stated there are two amendments regarding fees, one came from the advisory board and it suggested a sliding scale based on income and ability to pay. Stated the second one came from staff who suggested that the cost for mediation be borne by the City. Stated we anticipate that if were 10 cases a year that would be a cost of about $7,500. 5) John Berkamo stated I have taken the trouble to send each one of you email messages concerning the subject that we are discussing today and appreciates the chance to speak again. Stated I was here the day that there was about 500 people here, 50 people spoke and of the 50 people that spoke, 95% of them were in opposition to the ordinance. Stated I was in opposition to the ordinance then and now and wonders if anybody finds it ironic that we pledge allegiance to a flag that is representative of a nation that guarantees liberty and justice for all. Stated I am concern because when I hear the voice of the citizenry saying one thing and the voice of the policy makers saying another, I find that very disconcerting and asked the people here today that are in opposition of this ordinance to stand up. Stated  Page 5 CITY COUNCIL PROCEEDINGS OCTOBER 12, 2021 (Council Member Blubaugh momentarily left the bench) 6) Sandra Cowsill stated I have read the ordinance as it stands now and the recommendations offered to the Council by the committee that they referred it to for review and the agenda notes for today. Stated I have come to the conclusion that although the committee's recommendation report clearly states that people of faith in the "Wichita community have been the largest and most vocal group in opposition to the ordinance, it is those people of faith whose concerns have been the least addressed. Stated I want to remind the Council that we are Wichita, you are not Wichita, you are our elected officials who are supposed to be working on our behalf. Stated we are you constituency and Wichita is a community of faith, about 65% of the people in Wichita declare a faith base. Stated it appears that the concerns for our churches have been addressed although it is probably going to be challenged but I am left with three concerns: 1) although the Supreme Court has upheld the right of a private business owner to conduct their business in accordance with their deeply held religious convictions both in employment and the offering of their services, this ordinance shows no such recognition to those freedoms. This ordinance says that no business involved in offering services and products to the general public has a right to refuse, employ or do business based on deeply held religious convictions; 2) the statement in the recommendations is clearly made that those in the protected classes under this ordinance may not be refused the right to dress or undress themselves in any bathroom or dressing facility that they wish to use based on their preferred sexual orientation. That means there is no protection for women or girls in the locker rooms at the gyms or the bathrooms of a restaurant or a movie theater; and 3) I do not find the words school defined anyplace in these documents as they do not fit under any categories that are referred to, therefore it appears that our schools at every level, their bathrooms, locker rooms, women's sports in those schools are not exempt from these requirements. It appears to me that our children appear to be taking the brunt of this social experiment. Stated very few people go to the polls these days but among those who do, people of faith constitute about a 40% voting block especially when matters of faith and conviction are involved. Stated setting up a committee to review and recommend this does not allow you to pass the buck, it is you who will vote on this ordinance and it is your name that we will remember when we go to the voting polls. Mayor Whipple stated I believe it was mentioned at a prior meeting that the schools have their own non- discriminatory ordinance that this school district abides by and asked legal staff to verify that. Jennifer Magana, City Attorney stated there is no mention of schools in this ordinance, the question is whether schools are considered as an applicable employer or a public accommodation under the ordinance. Stated schools would have their own federal law to follow for discrimination so that would be considered. 7) Misty High, Cargill stated I am here today representing Cargill's Leadership Team and is here today on behalf of our employees and stakeholders to ask for your support of the NDO. Stated we are asking for this support for two reasons: 1) a diverse community helps us to attract and retain the best talent for our business. At Cargill diversity is a key part of our success, we are convinced that the best collection of talent will be made up of a diverse team of people. Stated this NDO would help us to attract the talent we need to Wichita and provide proof and support of our belief that Wichita is a City that supports diversity. Stated this is proven to be most important for the most sought after recruits and we know through our efforts that a culture of diversity and inclusion can be a make or break issue for them when deciding who to work for and where to live. Stated the first reason we are asking you to support this NDO is because it will help Cargill and Wichita to grow and expand our economy; and 2) we are asking you to support it because it is the right thing to do. One of Cargill's stated corporate values is to support our employees for who they are and allow them to flourish. Stated since July our employees and stakeholders have  Page 6 CITY COUNCIL PROCEEDINGS OCTOBER 12, 2021 expressed thanks for publicly supporting this ordinance. At Cargill we have many groups organized around diversity. Stated diversity, equity and inclusion are not abstract topics, they are important lenses that when applied to economic development can improve conditions for all people and businesses and make our economy stronger, more resilient and more innovative and saying yes to this NDO sends that message. 8) Chad Dean stated I am the owner of the silver living concept in Wichita called Liberty Way apartment community. Stated I am not opposed to a standard NDO like many other cities and states across the U.S., I am opposed to the one that you are voting on today because of vagueness, the limited amount of defined detailed processes and specifically the non-substandard language not used in many others. Stated all others passed on the NDOs do not use phrases like "protected classes, memberships, or government policing" like the NDO proposed to you today. Stated what is usually standard is sexual orientation or gender identity both with the City of Wichita's NDO, it takes it to an entirely different level of the unknowns. Stated a drug addict is considered a protected class, using this specific language is a litigation nightmare and will cripple the whole idea of silver living and I ask you to vote no. Stated this language will for sure hurt the community as the rules are what creates accountability for a drug free lifestyle and the community would not want to be involved dealing with many of the issues we deal with because they might have to go to court and testify within a system for violating this NDO. Stated the other issue that warrants a no vote is because of all the nonsense cost for the policing involved. Stated another issue with this NDO is that non-profits are exempt from this ordinance; however, for-profits are to follow this ordinance. Stated I don't believe this is the intended use by most Council and urge you to vote no today on the Wichita NDO. Stated my company served Brandon Whipple and Brandon Johnson a law suit on June 11th under the umbrella of abuse of power and defamation. Stated four days later, Mr. Whipple and Mr. Johnson had an NDO written up, rushed and presented to the Council on June 15, 2021. Vice Mayor Johnson stated the correlation and time line that was just mentioned, had nothing to do with the claims that was being said by Mr. Dean. Stated that is absolutely untrue, it had nothing to do with the NDO. Mayor Whipple stated we started drafting the language for an NDO in February. 9) Leah Miller stated before I got up to get in line, the Mayor mentioned dividing the people who were for the ordinance against discrimination and those for discrimination. Stated I would say that is demonizing a group of people and you just yourself said, let's not demonize in this facility. Stated I take personal offense and thinks that is kind of a micro-aggression on your part and thinks you owe those of us an apology who are on the opposed side. Stated because we disagree with this ordinance does not mean we are for discrimination, I take offense to that. Stated I have a question that needs to be considered before voting on this today; how will people of faith business owners be protected from being discriminated against, how will they be able to follow their conscious, religious beliefs and who they serve. 10) Esau Freeman, SEIU stated our members don't support discrimination in any manner, we believe you should pass this ordinance and we should do everything we can to alleviate discrimination in our City. 11) Jerry (inaudible) stated I'm not going to ask you to not vote against this ordinance because I know what you are going to do. Stated it doesn't matter what 70% of the people want; the elite in our society have decided what they want. Stated the WOKE people in this society have decided what they want and in this case, that is what is going to happen. Stated I think that anyone who supports this kind of ordinance or law, is not fit to be a politician in America. Stated we are not the land of the free and the home of the brave and this ordinance will make us less free and we are certainly not the home of the  Page 7 CITY COUNCIL PROCEEDINGS OCTOBER 12, 2021 brave anymore in this country. Stated I don't have any religious arguments against this, I have a quasi- religious attachment to the idea of freedom and people being able to do what they want to do unless it is a physical harm on someone or you are cheating them. Stated I have a problem with this so called civil rights, it is basically a lie in this country. Stated we have had systemic racism in this country for the last 50 years because the elite, the WOKE people said it is unfair to treat people equally because some people are so down on the ladder that we need to help them up and we heard that today. Stated the Sedgwick County Commission passed the fewer white people program. Stated diversity means the fewer white people program, equity means we have double standards because it is unfair to apply equal standards because some group is so down on the ladder they can't compete with equality. Stated inclusion is a lie because there are no white people included. Stated where is the coercion in this ordinance; is the coercion against the evil bigots who don't appreciate the LGBTQ+ community or is it by people who pander to that community and elevate them. Stated this law is wrong because it is totalitarian. (Mayor Whipple momentarily left the bench; Vice Mayor Johnson in the chair) 12) Connie Dietz stated this is a deeply personal conversation for me. Stated you are talking about members of my family, a brother and a granddaughter both of which are part of the LGBTQ+ community and both of which who have experienced horrendous treatment in their lives. Stated you are talking about my former fellow co-workers who I proudly worked with in the school district, at the Chamber and at Wichita State. Stated you are talking about our children in this City and served on the Wichita School Board for many years and one of my deepest sorrows of being on the school board was not being there when we were able to vote for our NDO. Stated the Wichita school district does not discriminate, we welcome all children and all people into our staff and that is a proud statement for your schools. Stated you are the leaders of this community, you have an incredible decision to make today, I appreciate your service and thoughtfulness and I hope that you make the right decision and vote yes in support of this ordinance. 13) Reverend David Jansen stated as a person of faith, I am asking you to adopt this NDO and to oversee it and promote equality. Stated I think it is an important signal to our whole community and our state in moving forward. 14) Todd Ramsay stated I am a member of the WOKE community that was just spoken of. Stated as someone who is an employer I am not worried that I'm going to have to employ Christians if this NDO passes. Stated their hateful comments, their morals, the way that they choose to live outside of the job is offensive to me. Stated i love them but hate everything that they stand for and the people they choose to love and the way they choose to live their lives so if this NDO passes, I will then be forced to employee them and that causes me great concern. Stated I am speaking with a little bit of sarcasm because I believe that this NDO is right for our community and the religious oppositions are very concerning to me because we do not live in a bureaucracy, we live in a democracy and we are not guided by religious convictions when it comes to matters of government. 15) Brian Sutton stated I have served at College Hill United Methodist Church for the past 15 years and for the past 30 years I have been doing youth ministry as an openly gay man. Stated I am tired of the Christians who stood up here and represented me. Stated we are a church that serves proudly to care for all people and we strongly support this NDO. Stated you need to do the right thing and vote in favor of this NDO. 16) Dahlia Patterson stated I am a mother of eight children and have incurred much discrimination because of being a mother of a lot of children. Stated mothers of large families get discriminated against  Page 8 CITY COUNCIL PROCEEDINGS OCTOBER 12, 2021 all the time. Stated in the grocery store we have had condoms thrown in our basket in front of the children and comments like, don't you know what causes that. Stated we are discriminated against, we didn't come and say we need a spot on this NDO but I sure am going to get one going if this passes. Stated there are a lot of causes that can be or not be included or excluded from this, so if we are going to talk about one group, which I don't discriminate against but I don't think I should have to yield to something I don't agree with. Stated I don't think anyone who is gay or lesbian should have to yield to what they don't agree with but it is not fair and if this is going to pass there is a lot of other causes that are going to come to your desks that want to be on this list. 17) (No name given) stated I think we all know from the letters that we have received from various religious organizations that the people who don't support this are in the minority. Stated I agree with the woman who just spoke that there is a lot of stuff that I would have liked to seen on this list, I would have liked to have seen protection for women who are pregnant but instead because of the insane amount of attacks that this has brought up against one specific community by one other incredibly specific community, this conversation has not been able to evolve in a manner that truly serves everyone. Stated people have come up and espoused their religious beliefs and not just espouse them but view their freedom as being under attack if they are not allowed to force their beliefs on other people and that is 100% un-American. Stated America is a melting pot and is something that is born out of violence and born out of slavery and born out of discrimination with the idea that we were all working towards the same goal. Stated now that we have evolved, we have gone through growing pains where we have had to expand and accept African Americans as people when they were not counted as people and women who have full rights. Stated we have seen this same rhetorical battle where people are saying you are infringing my rights because I'm used to this way of life. Stated we don't live in that world anymore. 18) James Barfield, Kansas Advocate for Racial Justice and Equality stated when I first spoke on this I said that many religious people were saying they were objecting to this ordinance because of the LGBTQ+ issue. Stated I said at that time that if you were to remove that item, 98% of those people would still be against this ordinance. Stated Council Member Cerullo makes an amendment to this ordinance which would seek to get the opposing parties to approve of this ordinance and what does he get for his efforts, they have said no we still don't support this ordinance. Stated what they are not telling you is, they want it their way or no way, they don't want an NDO on the books in Wichita. Stated there are over 270 cities in the U.S. that have NDOs on the books. Stated all those cities also have state and federal laws but have found it necessary to include an NDO in their city ordinances. Stated I think you guys aren't looking at the big picture and gave several examples of what is really at stake. RECESS FOR 10 MINUTES 19) Gentry Thiessen stated I support this ordinance as one of the few young people and the few young professionals represented in this room right now. Stated I believe that this ordinance will create an environment that adapts to the future of Wichita which we know is growing increasingly diverse with the people that we seek to provide equality for in this ordinance. Stated you have engaged with W-A Community of Young Professionals and heard our concerns and support for this ordinance. Stated one issue that we share again and again is making opportunities for civic engagement like this more accessible. Stated by approving this ordinance it is my hope and belief that the City Council becomes more accessible for the next generation of community leaders and that there may be more of us in the audience or hopefully in your seats on the bench someday. 20) Andy Hubbard stated after months long discussions, ours of testimonies, stakeholder meetings and thousands of dollars spent by the City, it seems that religious rights still feel the need to discriminate  Page 9 CITY COUNCIL PROCEEDINGS OCTOBER 12, 2021 against LGBTQ+, it is disgusting. Stated what is even more disgusting is Council Member Cerullo after having his sexual orientation compared to perverts and child molesters by these bigoted, fascists, all lives matter, it's Columbus Day, religious fanatics still thinks it is imperative to make an amendments and give them concessions to still discriminate. Stated the amendment under section 5a. 1 on page 7 would let organizations still not hire or even fire people if they don't adhere to the tenants of the religious organizations. Stated in 2014, a gay substitute teacher was fired by a Catholic school in North Carolina for announcing his marriage to his partner on Facebook. Stated September 7, 2021, a federal judge ruled that he was fired illegally under title 7 of the Civil Rights Act of 1964. Stated that is seven years later for any justice to be served so for the people arguing that there are already federal protections, that may be true but who has seven years and thousands of dollars for lawyers and court costs as well as the emotional and mental fortitude to do all that, not many. Stated these fanatics want the easiest way to discriminate against us and encourage you all to vote in favor of the ordinance but strike this amendment down. 21) David Brella stated I am against this ordinance because I am moving here because of the community that it is and the people here. Stated I am a man who identifies as a sexual minority but I'm also a man of faith. Stated the reason this is not our best interest is because there are a lot of laws on the books that have been identified. Stated when we look at the cost around $7,500 to defend or prosecute these, they are also looking at installing someone in the role to do nothing more than administer these and then there are other people along with that too. Stated when we look at all of the costs, we could use those same funds instead to possibly fund paralegals to help people who are facing discrimination to help find those laws that support them and address those concerns and that is why I am asking you to consider saying no to this today. 22) Faith Martin stated civic engagement is really important to me and wants to make sure that we make a point to protect everyone. Stated civil rights are critical because civil liberties if they are doing their job, we wouldn't need civil rights but because civil liberties aren't being protected, we have to have civil rights and prohibiting discrimination will help us do that. Stated this is really important and my own kids will be affected if they ever decide to work in a place that doesn't want to hire them because they don't respect pronouns and someone in the community so please pass this ordinance. 23) Tom Witt, Equality Kansas stated one of the reasons why you don't see a lot of LGBTQ+ people in this room is because it takes a certain amount of iron stomach to stand or sit here and listen to the name calling. Stated today we were called sinners, transgender people were equated with sexual predators. Stated this is hard to listen to this day in and day out. Stated we heard a lot of complaining that there aren't protections for religion in the ordinance, on page 11 of the NDO, nonprofit fraternal organizations are exempt as are all religious activities. Stated section 7 of the Kansas Constitution of Bill of Rights is listed in here the First Amendment of the United States Constitution, the Religious Freedom Amendment is listed in here, the Adoption Protection Act from 2018 is in here and the Preservation of Religious Freedom Act from 2013 is cited in this ordinance. Stated these protections are built into this ordinance and for people who are opposed to this ordinance to stand here and repeatedly tell you that the protections are not there, those claims are false. Stated they are in this ordinance and we support a certain level of protection for religion, it is actually one of the protected classes in the very beginning of the ordinance. Stated for opponents to say that there are no protections for them and they have been ignored, we have been going around this for 90 days and that is just this room for protections for religious practices. Stated when a majority says that a minority does not need something, I have a problem with that. Stated if you want to know what a marginalized population or a minority needs, ask members of that marginalized population or minority population; don't ask the majority what the minority needs.  Page 10 CITY COUNCIL PROCEEDINGS OCTOBER 12, 2021 (Mayor Whipple momentarily left the bench, Vice Mayor Johnson in the chair) 24) David Gonzalez stated when it was decided to extend the decision on the NDO, it was under the guise to make it stronger and putting it up for discussions and including the DICR board and $2,000 later here we are. Stated it was proven that is was nothing but a sham by Council Members who just want to get ahead politically. Stated the current proposal with amendments to exempt employment with religious organizations will remove protections from thousands of people. Stated civil rights cannot be compromised. Stated this was last before the City Council, Council Member Tuttle stated she wanted to hear from the DICR, well they voted overwhelmingly to pass this ordinance with one amendment and that is to add citizenship to the protected classes. Stated the board didn't wish to weaken the ordinance but to strengthen it. Stated Council Member Claycomb said that she would listen to what Equality Kansas had to say and vote that way; Equality Kansas has made it clear that they support it without the amendments and that we should move forward with it. Stated I urge you to pass this ordinance as recommended by the DICR adding citizenship to the protected classes and to not include the amendments to exempt employment with religious organizations. Stated there has been a line drawn in the sand, you are either for discrimination or against discrimination, there is no middle ground. Stated Council Member Cerullo you are either a traitor to your community or you are not; Council Member Tuttle you are either a LGBTQ ally or you're not; and Council Member Claycomb you are either a liar or you are not. Stated I hope all of you are on the right side today. 25) Rosie Schmidt stated there is an assumption that because many of us are against this ordinance, that we have been discriminatory or that we will be and that is preposterous. Stated if a decision is right it is right and shouldn't anything to do about economics. Stated an Archbishop said that America is suffering from intolerance, it is not, it is suffering from tolerance. Stated tolerance of right and wrong, truth and error, virtual and evil, Christ and chaos. Stated our country is not nearly so overrun with the bigoted as it is overrun with the broadmindedness when it means indifference to right and wrong and this eventually ends in hatred of what is right. Stated tolerance applies only to persons never to truths, tolerance applies to those who are erroring in tolerance to the errored. Stated tolerance does not apply to truths or principles. Stated this is not a real issue in Wichita, someone mentioned 270 cities, which means this is a coordinated effort that is well funded with agenda driven; this is an orchestrated agenda to force acceptance upon those of us who don't believe this way. Stated my children do not need to be converted, I'm not trying to convert anybody else's kids to Christianity or Catholicism and read from an article called Meet the Billionaires behind the LGBTQ Industry from 2020. Stated vote no and let people live and let live. 26) Kari Wilkes, Chair of Equality Kansas, stated it is true that there are a lot of people who have deep pockets and give money to the causes that they hold dear on all sides; however, the fact is that nothing that has been done here in the City of Wichita has come from deep pockets, instead people like myself have taken time off of work, volunteered their assets for a cause that they believe in because what is right is right. Stated what is right is this NDO. Stated I have also said and it was revealed on KAKE news last night and in the Eagle this morning that this was not about religious freedom. Stated we even went so far as to compromise, it is never enough, it will never be enough because it is smoke and mirrors. Stated when we engage with stakeholders and when we have a trustworthy process, there will be loss, it is unavoidable and sometimes we have to move forward even when there is loss and not everyone is on board. Stated I ask from the bottom of my heart for you to move forward and protect your citizens of Wichita that need protection the most. 27) Sally Hanson stated I have a family that is multi-cultural, multi-sexual, and multi-racial. Stated I have two in-laws that are immigrants, I am not just concerned about one issue or another but about diversity  Page 11 CITY COUNCIL PROCEEDINGS OCTOBER 12, 2021 and the acceptance of all of these people. Stated we have struggled with this in our family for a long time not because we don't like these people but because we love these people and what the outside world thinks of our family and what is going on is very personal and important for me to beg of you to vote for this NDO. 28) Amanda Magoy stated I want to speak to you about the intersectionality's in my own identity because I think it is really important that we start acknowledging these and realizing that each person has intersectionality's, which is what we are really talking about today. Stated I am a white, cis American person, a wife, mother, nurse practitioner, business owner, resident of Wichita and a Christian. Stated I am here to encourage you to vote yes on this ordinance. Stated as a medical professional serving the LGBTQ+ community and as a mom of black children and a wife to an African immigrant, I exist to serve LGBTQ+ folks, my company is built around the fact that there is discrimination. Stated there is discrimination in health care that is affecting LGBTQ+ folks and is why my company is here. Stated we need to stop this nonsense and be allies to one another, we have to step up and we know that last legislative session there was a huge attack against trans and gender non-conforming youth, the media called me after the trans sports bill was introduced and asked if I had any of my youth patients that would like to speak to the media; who is going to stand up and say that is me, here I am as a trans youth and I want to be on the news so that you guys can then put it on Facebook for everybody to attack me. Stated this is what is wrong. Stated 40% of Trans youth attempted suicide in the last year, the kids are not okay, we've got to do better, kids are suffering. Stated they see you all here and are watching and this is a community that we want them to grow up in and needs you guys to stand up for these folks today. 29) Susan Henderson stated I have heard some of the speakers talk about violence against gay and Trans gender people and I denounce that in the most strongly possible terms. Stated it makes me angry as a Christian, I may not agree with their choices but it makes me angry that they have been abused or physically attacked. Stated I don't have to agree with someone to live and let live. Stated I don't feel I was represented on the Diversity Board because I am a conservative Catholic Christian, who represented me? Stated was there any representatives for those Christians on the board. Stated Catholics represent a huge population in this City, we employ huge populations of people, we have the largest social service agencies and safety nets for people in need and we should have the right to run those organizations according to our religious beliefs. Stated I don't believe that the whole process has been transparent or clear to the public and have not read the most recent document probably because I asked by Council woman on September 26th what the recommendations were going to be and did not receive an answer. Stated I emailed her again on September 29th asking her what the recommendations are going to be and what the new language looks like, no one seems to know. Stated the first time I tried to look up the ordinance I thought it would be easily accessible on the City Council website, I was wrong and spent over an hour and did not find it; it was buried in the agenda minutes. Stated I expect my City Council to be transparent and expect them to make documents publicly and easily available and accessible. Stated I also object to unclear language and have to give Council Member Cerullo credit because at least he is trying to make the language more clear, whereas other members have said we don't need to clarify the language, that people will be sued under this is pie in the sky and yet we have seen that in other places with NDOs. Stated I am asking you to vote on this ordinance until language is clarified and made clear what the protections are for individual citizens. (Vice Mayor Johnson momentarily left the bench) 30) Jeff Bennett, Director for Kansas Family Voice, stated I have been part of this process in some fashion from the beginning. Sated there is always extremes from all sides and thinks many of us cringe when we hear those extremes, I'm no different and I'm against the NDO. Stated one of the greatest  Page 12 CITY COUNCIL PROCEEDINGS OCTOBER 12, 2021 concerns of our founding fathers was faction, which is what you are seeing here today. Stated they were worried more about the majority faction bringing tyranny on the minority. Stated my biggest fear through this process is that it is actually in reverse and kind of a revolutionized type of government that we are seeing not only across the country but here in town where we have this minority group that is bring tyranny on the majority. Stated what we find out that we have are two groups. Stated one of those things that the Constitution gives us is the freedom of speech and thought to think whatever horrible wretched things we want to think; we have that right and that is granted to us in the Constitution so that is why we fight so vigorously when it comes to that foundational truth. Stated when we try to pick away at these things, that is when the concern really comes and I know this Council has probably made up their minds but I'm trying to hopefully help the people behind me here to understand that is what is really at play here; we have two deferring camps that are going two very different directions. Stated we have got to figure a way to bring this together and unfortunately that is falling to you guys to have to deal with. Stated a gentleman mentioned earlier that we live in a democracy and that is actually not correct; we live in a republic, a representative government where we elect you to represent us. Stated the fact that we don't even know this is concerning and that is what gets so many things out of line. (Mayor Whipple momentarily left the bench) 31) Bill Stout stated I am not opposed to an NDO. Stated the NDO itself I have no problems with because we shouldn't discriminate against anyone for any reason at any time. Stated I do have a problem with the word perceived because laws aren't about perception, they are about reality and that really needs to be remembered when we write language into any legislation. Stated I received a couple of text messages from people who were here earlier and they told me when all this began the Mayor divided the room between those who "disagree with discrimination" and those "who want to discriminate." Stated that is insane, it is absolutely unprofessional and it shows a complete bias and then to sit and tell people, don't attack each other, maintain decorum but allow people to do it. Stated I was mortified and that is why I came down here. Stated there is nothing I disagree more with in the world than discrimination, I have no problem with the NDO, I have a problem with the process and what has transpired and the bias that has been involved. Stated I have a problem with how the documents were hidden from the public and the word perceived. Mayor Whipple read aloud a testimony on behalf of the NDO from around 40 pastors because they were offended that their religious community was being portrayed as one way or another and was published a few weeks ago in the Wichita Eagle. (Council Member Blubaugh momentarily left the bench) Council Member Frye stated I buzzed in because I was going to read from the hundreds of emails that I have received from people on both sides of the issue but I realized that is not fair to all those people that emailed and showed up here today. Stated what you just did was very unfair and you should have not done that. Mayor Whipple stated Council Member Frye you are aware that decorum tells us that we need to abandon our personalities and not personally attack each other on the bench. Council Member Frye stated I did not attack you I attacked the procedure. Mayor Whipple stated I am hoping that we can conduct the business of this Body with section 2.04.290 Conduct of Council Business Decorum in mind and part of this is to encourage folks to stick to the policy  Page 13 CITY COUNCIL PROCEEDINGS OCTOBER 12, 2021 and not to the personal stuff that they might be feeling with one another; can we move forward with that. Council Member Frye stated let's proceed. RECESS FOR 10 MINUTES Mayor Whipple stated I will again ask people in the audience to not heckle or stand up and yell at the Body, we will continue to take 10 minute breaks if that continues to happen. Vice Mayor Johnson stated earlier one of the speakers mentioned concern around the word perceived and I had a conversation with Equality Kansas about some of the language and wanted to know if Mr. Witt could come up and talk about why the word perceived is a necessity. Tom Witt, Equality Kansas stated the word perceived was added back in the mid-2000 in these ordinances and bills. Stated there is a case here in Wichita that went to the 10th Circuit in 1990 where a teacher at North High School applied for a coaching position and was denied the position because the principal thought the teacher was gay. Stated the teacher was a straight man with a wife and kids. Stated the perception wasn't about what the individual thought their sexual orientation was, the perception was on the part of the person who engaged in what should have been unlawful discrimination. Stated the principal refused to promote a teacher because the principal thought that person was gay so that is why the word perceived is in this ordinance and other similar ordinances. Council Member Cerullo stated I have a procedural question of how we are going to deal with these amendments today, how they will be taken up because I have a request. Mayor Whipple stated each amendment will be voted on including the recommended ones, the ones from DICR board, and the ones from different sources because none of those amendments have a previous version of the document. Stated we will vote for each amendment as they come up as members choose to offer them. Council Member Cerullo stated I would like to request that both of the amendments that I made be taken at the same time in one vote. Mayor Whipple stated you can make the motion for that, I'm supporting one of them and not the other so I would rather it be divided. MOTION: Council Member Cerullo moved to take both of my amendments on the same vote. Motion failed due to lack of a second. Council Member Frye stated I have a couple of additional things I would like us to consider as new amendments. Mayor Whipple stated these are not conceptual amendments that have already been vetted by the committee or legal, these are more conceptualized amendments. Council Member Frye stated yes they would be new ones.  Page 14 CITY COUNCIL PROCEEDINGS OCTOBER 12, 2021 Council Member Frye stated I would like us to consider on page 12, Section 7, item c where it talks about the mediator being selected by the City Manager. I would like that to be amended to say selected by the City Manager and approved by majority of Council either by a list of mediators or individual action. Stated I think we need to give cover to this Body as to who is selecting those mediators and not just leaving it up to the City Manager. MOTION: Council Member Frye moved to consider on page 12, Section 7, item c where it talks about the mediator being selected by the City Manager. I would like that to be amended to say selected by the City Manager and approved by majority of Council either by a list of mediators or individual action. Mayor Whipple stated my concern with that is all mediation would have to be held until the Council votes to approve a mediator and therefore the Council could potentially vote to not approve the mediator. Council Member Frye stated to be clear, I said it could be done by an approved list of mediators submitted by the Manager or we could take individual action if there is not an approved list. Mayor Whipple stated so your amendment is and/or. Council Member Frye stated he could provide us a list of mediators or we could take it as individual action but thinks it would be cleaner if the Manager provided a list of approved mediators and we vote on that as a group and then he can just pick from that list rather than leaving it entirely up to him each time. Stated I think we need to have some measure of control and transparency as to who is being the mediators and if we approved a list of mediators, that is probably the cleanest way to do it. Mayor Whipple stated I believe mediation is a legal area and asked legal staff for help. Jennifer Magana, City Attorney stated a mediator would be considered a third party vendor as any other vendor and we would determine the discussion who would qualify and make recommendations. Mayor Whipple asked if your amendment would be for a particular mediators or the vendors. Council Member Frye stated we have done this before in other areas that service to the Council where we have an approved list of vendors and the Council approves that and we can do that here and thinks if that is the best way to do it, that the Council approves a list of vendors for mediation that the Manager can choose from, it takes that onerous off of him and gives us more transparency and answers the question of the community; who is leading this. Mayor Whipple asked if there is any precedence in other NDOs because we appoint the judges and that adds to the balance; it seems like a pretty major change to this document and not having the language in front; are there any NDOs that currently have that the legal offices who do the mediation needs to be preapproved or not approved. Jennifer Magana, City Attorney stated I don't know that answer. Mayor Whipple stated this amendment would be so that a majority of the Council would approve the mediators but if we don't, in absence of approving the mediators, does the Manager then get to approve them.  Page 15 CITY COUNCIL PROCEEDINGS OCTOBER 12, 2021 Council Member Frye stated I would be fine with that but thinks knowing that this is our intent and our will that the Manager provide us a list of mediators, vendors, I am confident that Mr. Layton could do that. Mayor Whipple stated I don't want to get into a situation where we are pretty much vetoing from the bench by not allowing mediators, the mediation process and it seems the way our current government works is that we allow Legal to operate as they see fit. Bob Layton, City Manager stated what we would do is solicit proposals for mediation services and bring it to the Council like we do other consultant work and what Council Member Frye is saying that the Council would then approve that vendor list and then we would pull from that vendor list for each mediation. Mayor Whipple asked Council Member Frye if that is a correct interpretation. Council Member Frye stated yes. Mayor Whipple stated so it wouldn't be for each individual complaint, it would be a predetermined list of folks who mediate in this area and you just present it. Council Member Frye stated yes and thinks that actually helps the timeline and can speed the processes up instead of trying to find somebody at that time. Motion carried 7 to 0. Council Member Frye stated in that same section under item (j) on page 15, it talks about the hearing officer is further authorized in his or her discretion in lieu of civil penalty to require reasonable educational requirements on the responded. Stated I have a lot of concern about that, what is reasonable educational requirements, who decides what those are and can the public find them. Stated I would offer that we change that to require community service hours instead of reasonable educational requirements. Stated community service hours is an alternative that the court system uses quite often in lieu of fines and thinks that is a better compromise than undetermined and hard to define reasonable educational requirements. MOTION: Council Member Frye moved to strike reasonable educational requirements and replace it with community service hours. Mayor Whipple stated my understanding is that this was put in at the request of another member before who asked for education and if they would like to be recognized and speak to this motion. Council Member Tuttle stated I think at the time that I did and even last night at my DAB meeting it came up that there are a lot of questions about what education means so I second the motion for the sake of discussion because I would like to hear more from my colleagues at the bench. Stated I think the word education is something that people have had some concerns about and would like to have some discussion to think about something that is a little more tangible and easier for people to fulfill because I don't know exactly what that education would be.  Page 16 CITY COUNCIL PROCEEDINGS OCTOBER 12, 2021 Mayor Whipple stated my concern is the idea was with this ordinance was to inform and not so much to punish. Stated if we went to the state level procedures that takes longer, that is much more based on punishment for violation of the law. Stated this is an alternative that is based on mediation and us working together. Stated the educational requirement might have been inspired by how we handle domestic violence situations, which is why I supported it. Stated I understood the educational component was more about ensuring compliance with the law and if we did community service instead, are we deviating away from that original goal of more enforcement and less on punishment and enforcement more on education of the law. Vice Mayor Johnson stated I see where Council Member Frye is going with this but to give maybe more tools rather than take one away, would you accept a friendly amendment that would say, reasonable educational requirements or community service hours. Council Member Frye stated that is fair. Mayor Whipple stated I will second that if that is a substitute. SUBSTITUTE MOTION: Vice Mayor Johnson moved to amend and add or community service hours. Council Member Claycomb asked Legal staff how are community service hours determined, is that up to the judge. Jennifer Magana, City Attorney stated currently in our Municipal Court community service hours are available, the judge oversees that and a number is determined based on the sentence and believes there are different providers that are available to fulfill those community service hours. Motion carried 6 to 1 (Nay: Blubaugh). Mayor Whipple stated I am going to offer some amendments that are supported by the DICR board and might call upon them to explain if there are any questions. Mayor Whipple stated we have a technical amendment on page 7(a), which is to strike the word chapter and to add the word ordinance. MOTION: Mayor Whipple moved to strike the word chapter and add the word ordinance. Motion carried 7 to 0. Mayor Whipple stated on page 8 it is recommended by the DICR committee to add the language "for purposes of this subsection protected class includes not only protected classes listed in section 1 of this ordinance but also United Stated citizenship." MOTION: Mayor Whipple moved to add the language "for purposes of this subsection protected class includes not only protected classes listed in section 1 of this ordinance but also United Stated citizenship." Council Member Blubaugh asked for clarification where the word citizenship came in. Stated I guess it is specifically housing, are we saying that non-citizens and citizens have the same rights whenever it comes  Page 17 CITY COUNCIL PROCEEDINGS OCTOBER 12, 2021 to housing. DICR committee member stated I believe this was an addition based on community feedback and it referred to making it consistent with federal law that is currently on the books and I understood that to mean employment but thinks it is in there as housing as well. Council Member Blubaugh asked if it gives citizens and non-citizens the same right. Tabitha Lehman, DICR committee member stated what we noticed when looking at the comparison of federal and state laws is that in housing and public accommodations, citizenship was left out of those laws all together. Stated we had concern that we did not want someone to be discriminated against based on where their citizenship lies. Stated I don't believe the intent had anything to do with if someone is not here legally, giving them protections that they don't have under the law. Stated it was more that if I'm a citizen for example, Canada and the landlord doesn't like Canadians they can't say you can't rent my house because you are a citizen of Canada. Stated that was the intent it was not to extend any protections to someone who is here illegally. Motion carried 7 to 0. Mayor Whipple stated next we will go to page 9, this recommendation was made by DICR advisory board and adds the language for purpose of this subsection protected class includes not only the protected classes listed in section 1 of this ordinance but also the United States citizenship. MOTION: Mayor Whipple moved to accept the third recommendation. Motion carried 7 to 0. Mayor Whipple stated on page 12 which already had an amendment from Council Member Frye but there is a few other amendments on this page. Stated section (b) the change in the filing deadline was recommended by the DICR advisory board and is striking the word 60 and adding the word 180 days. MOTION: Mayor Whipple moved to accept that amendment. Motion carried 7 to 0. Mayor Whipple stated there is another amendment being recommended by the City Manager's office. Stated this is for mediation costs to be paid by the City, is submitted by the City Manager's office. Stated this would add and mediation costs would be paid by the City. Bob Layton City Manager stated I want to note that there are two actual recommendations here regarding mediation fees. Stated in yellow below the green is the recommendation from the advisory board in that the mediation fees be charged to the complainant and the respondent but if there is a financial hardship, there is a sliding scale. Stated what is in green is reflective of what I've heard from Council Members as we've gone through this process and that is that the City would simply pick up the mediation but wants to make sure that it is understood that there are two alternatives in front of you. Mayor Whipple stated if this amendment passes then we won't offer the next one as it fulfills the intent of the DICR was to make it more accessible, more affordable and the amendment offered by the Manager's  Page 18 CITY COUNCIL PROCEEDINGS OCTOBER 12, 2021 office compliments the Frye amendment if we are to be approving the list the we are also approving the cost, people can't really shop around at that point. MOTION: Mayor Whipple moved to accept the City Manager's Office amendment to section (c) on page 12. Motion carried 7 to 0. Mayor Whipple asked if there is any objection from the members of the DICR board to skip over that next amendment as we believe this amendment achieved. DICR advisory board members stated no. Council Member Frye asked if we then need to strike that from the ordinance, if we are going to vote on this ordinance it shouldn't be there so we probably need to make a motion to strike that from the document. Mayor Whipple stated I believe to add these they have to be approved and even though the amendment is printed, I don't think we need to strike it if it wasn't added but will defer to Legal staff. Jennifer Magana, City Attorney stated I don't believe any negative actions require and don't think it is necessary to strike because it is just part of a proposed amendment at this time. Council Member Frye stated then it just dies because it is not an amendment. Jennifer Magana, City Attorney stated correct. Mayor Whipple stated on page 16 we have a technical correction that is asked for by staff. Stated this will strike the word made and add the word recorded. MOTION: Mayor Whipple moved to pass the technical amendment to strike the word made and add the word recorded, page 16 section (k). Motion carried 7 to 0. Vice Mayor Johnson stated because we have past September 1st will make a motion. MOTION: Vice Mayor Johnson moved to change that date to January 1, 2022 for this to go into effect. Motion carried 7 to 0. Council Member Cerullo stated I worked really hard trying to come up with some wording that could be agreeable and admits I'm not a policy expert and found that out while trying to do this but everything I did was in hopes of trying to get to a point where we could have more consensus and more acceptability on this ordinance that I believe is needed for our City as has been stated by many others before me for attracting and retaining young people to know that we are a welcoming and inviting community. Stated everything I did was in consultation with Equality Kansas and working with them, I didn't want to do anything that was against the subject matter experts wishes. Stated they are the ones that requested that and they gave up a lot and willing to give up some in this amendment that we worked on providing this proposed amendment in churches and faith-based nonprofits and their hiring practices. Stated that is what  Page 19 CITY COUNCIL PROCEEDINGS OCTOBER 12, 2021 led into the second amendment, Equality Kansas then said that they wanted the attorney's fees if in fact this is not settled and this goes on to district court or up the court chain, that they wanted the attorney's fees issue taken care of, which they raised at the very beginning of this process. Stated they had said that this is a problem of theirs but were willing to accept it so based on that I would request that my second amendment be moved on first; is that acceptable? Mayor Whipple stated yes I believe you mean page 15 section (j) and the second as in the order of which they are printed. Council Member Cerullo stated that is correct. Mayor Whipple stated it appears that the amendment on page 15 section (j), at the request of Council Member Cerullo to add the language, the prevailing party is free to pursue their reasonable and necessary costs and fees accrued during the case. MOTION: Mayor Whipple moved to accept the amendment. Motion failed due to lack of a second. Council Member Cerullo asked if the Mayor is making the motion. Mayor Whipple stated you can make the motion and I will second it if you like. Council Member Cerullo stated I would like to add a few more words after that; at the end of it should be from the losing party to be specific of where the prevailing party needs to be requesting and can recover their reasonable and necessary attorney's fees. Mayor stated he wants to run that change by legal staff. Jennifer Magana, City Attorney stated it stands alone, it is not implicating the City as a party in pursuing or enforcing fees so it stands as written, the City does not have a role in that action as stated. Mayor Whipple stated if I'm understanding you, I believe you are implying that as the language is currently written, it would imply or legally be implied that those fees would come from the side that has lost in court. Jennifer Magana, City Attorney stated that is my reading of it. Mayor Whipple stated so the additional language might not be necessary, is that accurate? Jennifer Magana, City Attorney stated the reading of the amendment. Council Member Cerullo stated then the original wording stands and I'll second your motion. MOTION: Mayor Whipple moved to accept the amendment. Council Member Tuttle asked for the motion to be reread exactly what we are going to be voting on.  Page 20 CITY COUNCIL PROCEEDINGS OCTOBER 12, 2021 Mayor Whipple stated the language is the prevailing party is free to pursue their reasonable and necessary costs and fees occurred during the case and then Council Member Cerullo seconded that language after discussion about adding any additional language to it and was told by legal staff to be unnecessary. Council Member Cerullo stated one more point of clarification, does part of the motion need to say that each party is to bear their own attorney's fees if any, needs to be stricken? Jennifer Magana, City Attorney stated that is what I was just noticing. Council Member Cerullo stated he will amend his motion because the wording that is in the ordinance now needs to be stricken and the proposed wording needs to be added. Jennifer Magana, City Attorney stated it is not necessarily in opposition but it would be confusing to have both sentences. Mayor Whipple asked if it would be confusing if we deviated from the language currently printed on page 15, is that the comment. Jennifer Magana, City Attorney stated I don't think it is a direct conflict to have both sentences, I think we could leave the first one in, it is something we hadn't looked at. Mayor Whipple stated upon the advice of counsel I would like to leave my motion to stand with just the language, the one sentence if that is okay if I still have the second. Council Member Cerullo stated no, I take back my second. MOTION: Mayor Whipple moved to the prevailing party is free to pursue their reasonable and necessary costs and fees occurred during the case. Motion carried 7 to 0. Mayor Whipple stated the amendment on page 15 passes. MOTION: Council Member Cerullo moved to have that specific wording added to section (j). Motion failed due to lack of a second. Vice Mayor Johnson asked Council Member Cerullo if he is saying the wording you were saying from the losing party. Council Member Cerullo stated yes; if staff says it doesn't need to be in there then no. Bob Layton, City Manager stated I think there is some confusion on what Council just approved, I believe the Council just approved what Council Member Cerullo originally recommended so the second motion is striking the sentence before and believes that is what is in front of the Council now. Council Member Cerullo stated understood. Vice Mayor Johnson stated so we are striking, each party is to bear their own attorney's fees if any.  Page 21 CITY COUNCIL PROCEEDINGS OCTOBER 12, 2021 Council Member Cerullo stated that is the motion that I would like to make. MOTION: Council Member Cerullo moved to strike each party is to bear their own attorney's fees if any. Mayor Whipple stated I'm going to vote against this amendment as legal staff has indicated that sentence 1 is not in conflict with the second sentence that was just amended and I want to err on the advice of our legal professional and will be voting no on this amendment. Motion carried 5 to 2 (Nays: Whipple, Claycomb). Mayor Whipple stated that motion passed 5 to 2 so each party will bear their own attorney's fees is not struck and asked if that puts us on the hook as a City not have the clarification that people are responsible for their own. Jennifer Magana, City Attorney stated there is no other statement that does place the responsibility on the City for the fees. Council Member Cerullo stated as I mentioned I worked really hard trying to come up with some compromising language on getting to more consensus in making the ordinance more acceptable for everyone. Stated I find it really unfortunate that I am called a traitor because of that. MOTION: Council Member Cerullo moved to in section 1 the wording be added that notwithstanding the foregoing the following are not discriminatory practices prohibited by this ordinance. A religious organization that employs an individual to perform work associated with the religious organization that insists employees adhere to the tenants of the religious organization as a condition of employment. Nothing in this ordinance shall require an employer to hire or retain unqualified individuals or to retain employees when there is a legitimate non-discriminatory or non-retaliatory reason to terminate employment. Vice Mayor Johnson addressed Council Member Cerullo and said I'm sorry that you were called a traitor, I know that you were trying to build consensus and I have been called a number of things in the community for trying to see the big picture and find compromise even when it wasn't favorable to many. Stated I respect your efforts of that. Council Member Claycomb stated I also want to recognize the efforts of Council Member Cerullo because I know he worked hard on this. Stated I don't support this, I do think it dilutes the ordinance but wanted to recognize him publicly for the collaboration he did put forward. Motion failed 2 to 5 (Nays: Brandon Whipple, Brandon Johnson, Becky Tuttle, Bryan Frye, Cindy Claycomb). Council Member Tuttle stated as we move forward in making a final decision I want to thank the DICR advisory board and thanked staff. Stated I know this is something that you and or legal team as well as the Assistant City Manager, Donte Martin has been very involved with and a kudos to the Wichita Regional Chamber of Commerce specifically W and other groups that held forums and other opportunities for us to have discussions and to hear input. Stated it was very valuable to me in the process. Stated I want to thank community members who met with me, I had coffees, lunches and attended church services and  Page 22 CITY COUNCIL PROCEEDINGS OCTOBER 12, 2021 appreciates the community for allowing me to do that. Stated I did ask for the 90 day extension back in July and it did not come without controversy but I am still glad that I did it, I think it was the right thing and it allowed us to do what we should do the entire time, which is to get engagement first and then policy. Stated it allowed us to pause and hear what the community needed and wanted from both sides. Stated I think there is still a lot of fear and a lot of people who have concerns. Stated this is for housing, employment, and public accommodations and in my heart I do not think that anyone should be discriminated where they live, work, or in our community. Stated I am going to be supportive of this ordinance today. Vice Mayor Johnson addressed legal staff; we had a citizen speak to discrimination against pregnant women or women who have multiple kids, is that by your interpretation potentially covered by sex on page 6. Jennifer Magana, City Attorney stated yes and also from familiar status would be where I would consider that to be mentioned. Stated familiar status is a protected class and thinks that is covered. Vice Mayor Johnson stated a few months ago I mentioned that I did not believe that this ordinance would be stronger and I talked specifically to one of my colleagues about that after the meeting after I made my comment and I am happy to say that I was wrong. Stated this ordinance was made stronger, there was a lot of additional language that was put into it and more clarity and what we have before us is stronger than it was when I made those comments and wanted to publicly say it since I publicly said it back then and thank my colleagues for making that happen. Council Member Frye stated I was raised in a Christian household with loving parents that took us to church and vacation bible school. Stated fast forward to my professional career where I have worked with so many of God's children that I could never identify them all, to me it never mattered, it was the way I was raised. Stated as a Council Member it is my sincere belief that what's best for Wichita to be the most successful we can be, we need to be inviting and that means desirable, open, welcoming and inclusive. Stated we are a community of many, that is what should unite us, treat others the way you want to be treated. Stated no one should ever be discriminated against and I don't know that a NDO will ever prevent that. Stated it is unrealistic to think everyone can agree that all persons are equal, government cannot legislate the heart. Stated no order, ordinance or law can bring about true changes within the individual, instead government through this process has only hardened hearts and caused much division in our City. Stated leadership leads by finding common ground and allowing for equal opportunity to address concerns and unintended consequences. Stated a compassionate community does not pit one against another. Stated back on July 13th I pulled the second reading of this ordinance to allow for public comment, which ultimately became a motion by Council Member Tuttle to defer and to delay and during that delay, I believe all of us on this Council reached out, met either individually or small groups with many advocacy groups and we received hundreds of emails and I appreciate each and every person who reached out to share their thoughts, ideas and beliefs. Stated having these conversations and feedback is a critical component of public engagement and it should proceed all policy. Stated repeated concerns that I have heard dealt with equal protection of the law, religious freedom, a fair due process, privacy rights, respect for the individual, overreach of government and core community values and I agree with Vice Mayor Johnson, today we made a better stronger policy but is this ordinance perfect, no, no man's laws are ever perfect. Stated if passed I fully expect this to be challenged eventually and in Kansas no law should infringe upon any rights of the individual, we have the first and fourteenth amendment, the Constitution, the Kansas Constitution of Bill of Rights and the Religious Freedom Act; all Wichitans deserve the right to live, work, play and pray as they choose. Stated I understand that people are going to be unhappy whatever the decision is today and our individual votes and that is okay. Stated we should be  Page 23 CITY COUNCIL PROCEEDINGS OCTOBER 12, 2021 able to disagree in a civil manner and would pray that as a community we can and ask that we be inviting seeking out common ground and not things that separate us. Council Member Claycomb stated over the last 90 days I also have met with individuals and groups and I watched the Kansas Leadership Center convening sessions, every hour of those and the City's DICR advisory board meetings and thanked the advisory board, this was their very first task and handled it very well and I appreciate the work that they did and the report that they gave us. Stated this NDO is the right thing for our community and now I think that we have done it the right way, is it perfect, probably not but I don't think ordnances ever are perfect but learned more by seeing state and federal laws compared to the proposed ordinance and a summary of ordinances from cities across Kansas and other similar cities and all this information helped inform me. Stated this is an opportunity to demonstrate that Wichita is a welcoming community and I have always supported the current proposed ordinance but I also supported the 90 days. Stated I will be supporting this ordinance today. Council Member Cerullo stated I want to echo Council Member Frye's comments and Council Member Claycomb' s. Sated this has not been an easy process, I always said from the very beginning when I started this journey on the City Council that I wasn't doing this because I'm gay. Stated I didn't want that to be the focused and still to this day don't want that to be the focus. Stated I don't want my legacy to be the first openly gay person on the Wichita City Council that is not what I want my legacy to be. Stated what I want my legacy to be is to show that I was an open and transparent person who tried to do the right thing for District 3 and our City. Stated District 3 has a lot of problems, City-wide this is absolutely one of them, discrimination happens in our community each and every day and I believe this ordinance is needed and will be supportive of this ordinance. MOTION: Mayor Whipple moved to approve the second reading of the ordinance and authorize the necessary signatures. Motion carried 6 to 1 (Nay: Jeff Blubaugh). VI) NEW COUNCIL BUSINESS 1.) OWNER’S ADVISOR AGREEMENT FOR THE BIOLOGICAL NUTRIENT REMOVAL PROJECT. Attachment: Agenda Report No. VI-1.doc Attachment: Garver BNR CO3.pdf Alan King, Director of Public Works & Utilities presented the item. Council Member Tuttle stated Council Members Frye, Cerullo and I had the opportunity to serve on the steering committee and I'm looking forward to the process. Stated a heartfelt thank you goes out for last week and all of your heroic efforts for what you did to make sure that our City has clean and reliable water sources. Stated your efforts and appreciated and acknowledged. Council Member Frye stated Alan King was a rock star especially in front of the media; you handled with grace and humility and appreciates that. Stated thank you for communicating in a very forthright and transparent way during a time of crisis like that.  Page 24 CITY COUNCIL PROCEEDINGS OCTOBER 12, 2021 MOTION: Mayor Whipple moved to approve the change order to the Owner’s Advisor agreement with Garver, and authorize the necessary signatures. Motion carried 7 to 0. COUNCIL BUSINESS SUBMITTED BY CITY AUTHORITIES PLANNING AGENDA VII) NON-CONSENT PLANNING AGENDA 1.) PUD2021-00016 – CITY ZONE CHANGE FROM SF-5 SINGLE-FAMILY RESIDENTIAL TO PUD PLANNED UNIT DEVELOPMENT TO CREATE THE DELANO REVIVAL PUD #90 FOR MIXED-USE DEVELOPMENT ON AN ENTIRE CITY BLOCK; GENERALLY LOCATED ONE-BLOCK SOUTH OF WEST DOUGLAS AVENUE AND TWO-BLOCKS EAST OF SOUTH SENECA STREET. (DISTRICT IV) Attachment: Agenda Report No. VII-1.doc Attachment: Supporting Documents.docx Attachment: PUD2021-00016 MAPC Minutes Excerpt.docx Attachment: PUD2021-00016 DAB IV Report.pdf Attachment: Ordinance 51-650 Attachment: PUD2021-00016 MAPC staff report WCC attachment (2).pdf Scott Wadle, Planning Director, presented the item. MOTION: Council Member Blubaugh moved to adopt the findings of the MAPC and approve the application per the DAB recommendation, which includes building heights up to 80 foot and commercial parking lot as permitted use with no time expirations. Motion carried 7 to 0. HOUSING AGENDA VIII) NON-CONSENT HOUSING AGENDA - NONE AIRPORT AGENDA IX) NON-CONSENT AIRPORT AGENDA - NONE COUNCIL AGENDA X) COUNCIL MEMBER AGENDA - NONE  Page 25 CITY COUNCIL PROCEEDINGS OCTOBER 12, 2021 XI) COUNCIL MEMBER APPOINTMENTS AND COMMENTS 1.) Board Appointments. Mayor Whipple appointed Greg Allison as the Stormwater Board Representative to the Wichita Sustainability Integration Board. MOTION: Mayor Whipple moved to approve the appointment. Motion carried 7 to 0. Vice Mayor Johnson stated I appreciate Alan King and public works staff that worked on this issue around the clock to get it addressed in a quick manner. Stated the communication we had from them was great and knows that the community appreciated that. Mayor Whipple thanked the public at large for sharing posts, for getting the information out about the boil advisory. Stated we were able to not only utilize our traditional media partners here in the community but also individuals to ensure everyone what was going on in a timely manner. Stated I am hoping we can work with staff to have a process in place in case we have to get information out fast again and to use this as a learning opportunity to see what more we can be doing to ensure that if this were to happen again, we can get that information out to people as quick as possible. ADJOURNMENT MOTION: Mayor Whipple moved to adjourn. Motion carried 7 to 0. The meeting was adjourned at 1:39 p.m. Respectfully submitted, Karen Sublett, MMC City Clerk  Page 26 CITY COUNCIL PROCEEDINGS OCTOBER 12, 2021 ATTACHMENT 1 - CONSENT AGENDA ITEMS 1 THROUGH 14 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 Oct. 12, 2021.docx 2) Preliminary Estimates: a.) Preliminary Estimates. Attachment: PEs for CC 10-12-21.pdf b.) NTBA Preliminary Estimate for Drainage Improvements to Serve Trinity Point Addition. (District IV) Attachment: Trinity Point SWD 448 Cover Sheet Template.doc Attachment: Trinity Point SWD 448 PE Template NTBA.doc c.) NTBA Preliminary Estimate for Drainage Improvements for Trinity Point Addition. (District IV) Attachment: Trinity Point SWS 755 Cover Sheet Template.doc Attachment: Trinity Point SWS 755 PE Template NTBA.doc 3) Change Orders: a.) Public Exigency –Hess Pump Station Valve Replacement, Funding, Change Order No. 1, and Change Order Limit Adjustment. (District IV) Attachment: Agenda Report No. II-3a.docx Attachment: Public Exigency for Hess Pump Station Valve Replacements 9.20.2021.pdf Attachment: CO #1_Hess Pump Station.docx Attachment: Resolution 21-390 Attachment: NOI 21-391 Attachment: Resolution No. 21-391 UNCATEGORIZED ITEMS:  Page 27 CITY COUNCIL PROCEEDINGS OCTOBER 12, 2021 4.) Encroachment Agreement with the City of Maize to Cross the City’s Waterline Located Generally at High Plains and Plantation Road. Attachment: Agenda Report No. II-4.doc Attachment: Maize Encroachment Agreement.pdf 5.) First Reading of the Bond Ordinance to issue Industrial Revenue Bonds, FlightSafety Textron Aviation Training. (District II) Attachment: Agenda Report No. II-5.docx Attachment: Ordinance 51-651 6.) Amendment to Community Housing Development Organization Funding Agreement with Mennonite Housing Rehabilitation Services, Inc. (District I) Attachment: Agenda Report No. II-6.doc Attachment: First Amendment to 2019 CSA Funding Agreement.docx 7.) Amendment to Community Housing Development Organization Funding Agreement with Jakub’s Ladder, Inc. (District I) Attachment: Agenda Report No. II-7.doc Attachment: Jakub’s Ladder, 2nd Amendment, 2019 CSA.doc Vice Mayor Johnson stated he will be abstaining from voting on this item due to a personal conflict. MOTION: Mayor Whipple moved to approve the amendment to the funding agreement providing for additional HOME Investment Partnerships Program funding for the project and extension of the date for completion, and authorize the necessary signatures. Motion carried 6 to 0, (Abstained: Johnson). 8.) September 2021 Monthly Report for City Council. Attachment: September 2021 Monthly Report for City Council.pdf 9) Second Reading Ordinances: Second Reading Ordinances (First read October 5, 2021) Attachment: List of Second Reading Ordinances 10-12-2021.docx  Page 28 CITY COUNCIL PROCEEDINGS OCTOBER 12, 2021 II) CONSENT PLANNING AGENDA ITEMS 10.) PUD2021-00013 – City Zone Change Request to Amend Planned Unit Development (PUD #84); Generally Located West of North Seneca Street and South of North McLean Boulevard, 560 North Exposition. (District VI) Attachment: Agenda Report No. II-10.doc Attachment: Supporting Documents.doc Attachment: TheraPlay - PUD2021-00013 Language Approved by MAPC.docx Attachment: Excerpt Minutes PUD2021-00013.docx Attachment: DAB 6 Memo PUD20241-000013.pdf Attachment: Ordinance 51-652 11.) VAC2021-00035 – City Vacation of a Portion of a Platted Reserve to Reflect Current Needs for On-site Retention on Property Zoned LI Limited Industrial; Generally Located Within One-quarter Mile East of North Greenwich Road, on the North Side of K-96 Highway, 2620 North Greenwich Court. (District II) Attachment: Agenda Report No. II-11.docx Attachment: Vacation Order.docx Attachment: MAPC Minutes Excerpt 090921.docx Attachment: Supporting Documents.docx 12.) ZON2021-00036 – City Zone Change from SF-5 Single-Family Residential to GC General Commercial; Generally Located West of I-235 Highway and Within One-Half Mile South of West Central Avenue, 5800 West 3rd Street North. (District V) Attachment: Agenda Report No. II-12.doc Attachment: Supporting Documents.docx Attachment: MAPC Minutes Excerpt.docx Attachment: DAB V Memo.pdf Attachment: Ordinance 51-653 II) CONSENT HOUSING AGENDA ITEMS 13.) 2022 Payment Standards – Housing Choice Voucher Program.  Page 29 CITY COUNCIL PROCEEDINGS OCTOBER 12, 2021 Attachment: Agenda Report No. II-13.doc Attachment: WHA HCV 2022 Payment Standards.pdf MOTION: Mayor Whipple moved to approve the 2022 payment standards for the Housing Choice Voucher Program to be effective on January 1, 2022. Motion carried 8 to 0. II) CONSENT AIRPORT AGENDA ITEMS 14.) Veoci Inc. Information Technology Agreement – Supplemental Agreement No. 3 - Wichita Dwight D. Eisenhower National Airport. Attachment: Agenda Report No. II-14.docx Attachment: SA No. 3.pdf