City Council Meetings

Page 1 CITY COUNCIL PROCEEDINGS NOVEMBER 23, 2021 MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, November 23, 2021 Tuesday, 09:30 AM The City Council met in regular session with Brandon Whipple, Brandon Johnson, Bryan Frye, Cindy Claycomb, Becky Tuttle, Jared Cerullo, and Jeff Blubaugh. Staff Members Present: Robert Layton, City Manager, Sharon Dickgrafe, Chief Deputy City Attorney, and Jamie Buster, Deputy City Clerk. Mayor Whipple called the meeting to order at 9:30 a.m. Approve the minutes of regular meeting of November 16, 2021. MOTION: Mayor Whipple moved to approve the minutes of regular meeting of November 16, 2021. Motion carried 7 to 0. II) CONSENT AGENDA ITEMS 1 THROUGH 13 MOTION: Mayor Whipple moved to approve Consent Agenda items 1 through 13 in accordance with the recommended actions shown thereon. Motion failed to. COUNCIL BUSINESS III) BOARD OF BIDS AND CONTRACTS 1.) Board of Bids and Contracts and Wichita Airport Authority Board of Bids and Contracts dated November 22, 2021. Attachment: 11-22-2021 Board of Bids.pdf Attachment: 11-22-2021 Board of Bids WAA.pdf Melinda Walker, Department of Finance, reviewed 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 COUNCIL AGENDA X) COUNCIL MEMBER AGENDA - NONE  Page 2 CITY COUNCIL PROCEEDINGS NOVEMBER 23, 2021 XI) COUNCIL MEMBER APPOINTMENTS AND COMMENTS 1.) Board Appointments. Council Member Blubaugh stated he wants to remove Laura Rainwater from the Ethics Advisory Board as she has a conflict of interest being on the Executive Board of Directors for REAP. Stated he would like to appoint former Judge Clark Owens in her place. Stated he wants to run it by Council because he is no longer an elected, but due to the backlog of cases from COVID he does go in and hear cases routinely. Sharon Dickgrafe, Deputy Chief City Attorney, stated the question there is whether or not that is a public office under the Ethics Policy. Stated we do not define public office under the Ethics Policy and the Council could waive any issue whether or not Judge Owens is serving in a public office, or the Council could agree that a limited pro tem Judges position is not public office for the purposes of the ordinance or policy. Council Member Blubaugh stated he really though his subject matter expertise would be really good on the board. Mayor Whipple inquired if we could do the appointment next meeting so we can look more into the question. Council Member Blubaugh stated yes. Mayor Whipple stated we should not have any action in the next two weeks that would require that committee and if you do not mind that would be great. Council Member Cerullo stated he saw the Mayor's tweet over the last couple of days about a trip to Washington D. C. and the White House. Stated he thought that was a great and productive trip as the Mayor mentioned. Stated he is a bit concerned though about any discussion that happened ahead of time with any Council Members. Stated he has talked with other Council Members and nobody seems to have known that this trip was coming up. Stated he found out very early on in his short appointed tenure on the Council that official travel from this Council had to be approved by the Council. Stated with discussions he has had with staff there has been no official approval by this Body for that official travel on behalf of the City. Stated he wanted to inquire about this trip and find out more. Mayor Whipple state it was not an official travel on behalf of the City of Wichita. Council Member Cerullo stated, ok, according to your tweet that does not seem to be the case. Stated the Mayor is acting on behalf of the City of Wichita according to the tweet. Mayor Whipple stated his trips to the White House with this particular organization predates his tenure as Mayor. Council Member Cerullo stated, ok, but you talk about a productive trip on behalf of local and state electeds. Mayor Whipple stated right, not this body though. Council Member Cerullo stated you talked about it on the radio as well, it certainly appears that you are acting on behalf of this City and this body. Stated he would like to know who paid for the trip.  Page 3 CITY COUNCIL PROCEEDINGS NOVEMBER 23, 2021 Mayor Whipple inquired what would make you believe that he was acting on behalf of his official capacity of Mayor. Council Member Cerullo stated you tweeted about it and talked about it on the radio. Mayor Whipple stated he is also going to tweet that I'm going to Austin probably to visit my brother for the next few days. Council Member Cerullo stated he does not think that anyone would argue that going to Austin to visit your brother would be an official trip on the capacity of the City of Wichita. Mayor Whipple stated that's what I'm saying is. Council Member Cerullo stated he would just like to find out who paid for the trip and find out more about what appears to be, a wonderful and productive trip, in your words, on behalf of the City of Wichita. Mayor Whipple stated, well, I can tell you the City did not pay for the trip because it was not an official trip. Stated for someone who is new to politics, new to government, one of the ways to tell... Council Member Cerullo stated my tenure... Mayor Whipple stated he has the floor right now. Council Member Cerullo stated my tenure on the Council has nothing to do... Mayor Whipple stated Sir! Sir! Stated he has the floor right now and is going to answer your question and then its your turn. Stated for those who are wondering what is official and is not, looking to see who pays for it, is part of that. Stated obviously the City did not pay for it because it is not an official trip. Council Member Cerullo stated, so in your words, you were not acting on behalf of state and local electeds. Stated that's your words. Mayor Whipple stated why don't you go ahead and read the tweet, read it out loud for all of us. Council Member Cerullo stated "Flying back to Wichita after a productive trip to D.C. Thank you to the White House for hosting a delegation of local and state electeds for an update about the new infrastructure law. Mayor Whipple stated ok, and so your argument is that because other local and state electeds were present from all over the country, that made it a official trip in my capacity as Mayor. Council Member Cerullo stated absolutely. Mayor Whipple stated even though, as you mentioned, that you do not know who paid for it but you know that the City didn't pay for it because we didn't vote for that. Council Member Cerullo stated you just told us that the City didn't pay for it, you admitted that, I appreciate that.  Page 4 CITY COUNCIL PROCEEDINGS NOVEMBER 23, 2021 Mayor Whipple stated that you admitted that we didn't vote for a payment for that. Stated so you know that its not an official trip or else we would have voted for a payment, we would have voted to be on the trip. Council Member Cerullo stated I'm just saying... Mayor Whipple stated and now asking is it an official trip because other legislators were there. Council Member Cerullo stated I'm just saying that you said you were acting on behalf of local and state electeds. Mayor Whipple stated that is not what that says, I'm not acting on behalf of anyone. Council Member Cerullo stated he's not saying this was a bad trip at all. Stated he's saying more power to you if you were invited to the White House, that's great for the City of Wichita. Stated he would have expected something this big would have been discussed with other Council Members and this Body beforehand. Mayor Whipple stated why. Council Member Cerullo stated he would like to hear what other Council Members think about this. Council Member Frye stated it has been tradition, and policy he believes, in the six years that he has been on Council that whenever any of us travel for any kind of Council related business its always been approved by this Body. Stated he has had trips he has gone on that other industries or other groups have paid for and that has been disclosed. Stated it has always been about transparency and making sure people understand our capacity as electeds, where we go, and what we do. Stated when he saw the tweet and the nameplate says Mayor Brandon Whipple, it says to him that you are there on City business. Stated he does not understand the hesitation as to why you are not wanting to reveal more details. Stated again as Council Member Cerullo says, anytime... Mayor Whipple stated so... Council Member Frye stated he is not finished. Stated anytime an elected body from Wichita gets invited to the White House, that should be celebrated and let our community know that opportunity exists no matter who is in the White House. Stated again, the fact that you got invited that is fantastic, that's good for Wichita, we've had good relations with D.C. of not only the agencies but also the electeds so again, holding that up is great for Wichita. Stated he thinks that the Council Member's questions are fair. Mayor Whipple stated he is confused. Stated this Body acknowledges that there was no tax payer money from this Body to go to pay for my trip to a private organization that I'm a part of and have been for about a decade. Stated we acknowledge that right. Stated we also acknowledge that I was never sent to this with a mission or task for the City of Wichita, are we all on the same page for that. Council Member Cerullo stated no. Council Member Frye stated we don't know that. Council Member Cerullo stated no, I'm not on the same page. Stated what private body were you acting  Page 5 CITY COUNCIL PROCEEDINGS NOVEMBER 23, 2021 on because your tweet doesn't say anything about that, your interview on the radio didn't say anything about that. Mayor Whipple stated but you acknowledge that we haven't been, this Body didn't send me forth to represent the City. Council Member Cerullo stated he wants you to answer the question that he just asked regarding what you just said. Mayor Whipple stated lets establish the facts first. Council Member Cerullo inquired what private body he is acting on behalf of. Mayor Whipple stated, if you look at the tweet it tags the private body, its called The New Deal. Stated just click on that and it will bring you to the website. Stated lets establish the facts. Stated this is an organization he has been a part of for almost a decade, it is a policy organization, and he was sent there not by anyone here in this room. Stated no one in this room knew as he's argued and established because no one sent me there to accomplish anything on behalf of the City of Wichita. Stated he has not seeked any type of reimbursement or payment on behalf of the City of Wichita. Stated this is something he went to after he was elected but not sworn in before he served the City of Wichita. Stated he did the same trip, similar tweet, about two years ago from that which suggests this is not something that my position as a official of the City of Wichita has brought me to do. Stated he understands the interpretation of he was there and you are the Mayor so you must have been there on behalf of the City of Wichita. Stated his question is where is it where we go to different events that electeds are supposed to go to, where's the line between going to one of those events and going on behalf of the City of Wichita. Stated he is arguing that no business, official business on behalf of the City of Wichita, was conducted on this trip. Stated instead this was a educational trip for him as an elected that he does nearly every year that predates his time here in the City of Wichita. Stated therefore the interpretation that he has and he thinks most folks would as well is this is a extracurricular trip and in addition to what he does as Mayor. Stated what he wants to know is, is there something he is missing that separates this educational trip and networking trip for myself personally as someone who works in this area that makes you believe that this is actually a trip on behalf of the City of Wichita and City business was furthered by this trip. Stated if so, what is that and what is he missing. Council Member Cerullo stated a question in response to what you just said, so therefore as you are acting in your capacity as a member of this separate organization, does that mean you plan to go for federal infrastructure dollars for this separate organization rather than the City of Wichita. Mayor Whipple stated any further education on the newly passed infrastructure bill he would argue is not the same as going through that educational organization to pursue money on behalf of the City of Wichita, is that your question. Council Member Cerullo stated he does not buy that argument and does not think many people do. Stated he does not think that is a reasonable argument. Mayor Whipple stated tell me how is reasonable then. Council Member Cerullo stated he does not know. Stated he thinks the reasonable thing to do would have been to discuss this ahead of time with your fellow board members acting on behalf of this city.  Page 6 CITY COUNCIL PROCEEDINGS NOVEMBER 23, 2021 Mayor Whipple stated that is the key right there, he is not acting on behalf of the city to get further education. Council Member Cerullo stated you were acting on behalf of the city. Stated you got away from it by paying for it yourself, but clearly this... Mayor Whipple stated so how is that acting on behalf of the city. Council Member Cerullo stated this is something that affects our entire city and you had no business whatsoever talking with any other Council Members about it. Stated he takes offense to that and this city should take offense to that. Stated that is all he has. Mayor Whipple stated no he is sure that he does take offense to whatever you believe you can throw at me. Stated he is interested to know and maybe the Legal Department can tell him, is taking a trip to learn... Council Member Cerullo stated you have already established that you paid for the trip. Stated there is no argument about this. Mayor Whipple stated except for your argument so let's go ahead and... Council Member Cerullo stated he is just arguing why didn't you discuss with this fellow Body ahead of time about this great and productive trip that you had to the White House. Stated he thinks that is a fair and honest question. Stated he has asked it at least three times now and he has not answered it. Stated that is all he has and that he has proven his argument and we can move on. Mayor Whipple stated that he is going to go ahead and dismantle his argument. Stated Legal, can you tell us what would constitute a trip on behalf of the City of Wichita that would require a vote from this Body, and would an educational trip that is privately funded count as official duties of Mayor. Sharon Dickgrafe, Chief Deputy City Attorney, stated she is not going to have enough information to answer that question. Stated that is going to be a factual determination as to whether or not the individual that took the trip represented the City. Stated she does not have that fact. Stated there are two ordinances that would apply here. Stated one is did we pay for it, we all agree we did not, and the second one is representations made by you or another Council Member as being the policy of the City and whether those were approved. Stated again, she does not have enough facts to answer that information. Mayor Whipple stated you are going to make an argument off of a tweet you found. Stated that is not factual enough for you to make an argument is what Legal says. Council Member Cerullo stated a constituent just text him a further picture that says your nameplate on the desk says Mayor Brandon Whipple. Stated you were acting in the capacity of this city, you were, so why didn't you talk about it. Mayor Whipple asked Legal if he is called the Mayor does that mean he is automatically acting as a representation of this city to the capacity that we would need prior approval for me to travel. Sharon Dickgrafe, Chief Deputy City Attorney, asked to repeat the question. Mayor Whipple stated that according to the Council Member because his title of Mayor was used on a  Page 7 CITY COUNCIL PROCEEDINGS NOVEMBER 23, 2021 nameplate that he therefore was now acting on behalf of the city and in violation of the ordinance, would you agree with that. Sharon Dickgrafe, Chief Deputy City Attorney, stated again that is a factual determination. Stated she understands that any Council Member could appear at a dog judging contest and it could say Mayor, it could say Council Member Frye. Stated she thinks you have to look at the topic and what was happening. Stated again, she does not have enough information to make that... Mayor Whipple stated so a name tag would not be good enough for you to sanction or confirm the statement of the Council Member. Sharon Dickgrafe, Chief Deputy City Attorney, stated no, again it has to look at what are you doing. Stated if you are Mayor Whipple and you are judging a dog costume party, no, you probably weren't acting as Mayor, you were judging a dog contest. Stated again, it deals with the policy and the purpose of the trip. Stated there is not a specific ordinance other than if there is an expenditure that would require that type of disclosure. Stated she is not going to get into the policy because that changes occasionally with Council Members. Council Member Cerullo stated that further State Representative from Connecticut, C. McCarthy Vahey responded to your tweet saying "Fortunate to have the opportunity to learn about the ways you are supporting all members of your community, Mayor. Keep up the good work!" Inquired if he disputed the State Representative from Connecticut's response that you weren't actually acting on behalf of the citizens of Wichita. Mayor Whipple stated what makes you think her is insinuating that during this trip I was acting in my official capacity as Mayor on behalf of the City of Wichita. Council Member Cerullo stated that she apparently did. Mayor Whipple stated she said constituents, right? Council Member Cerullo stated she clearly said you're helping to support the members of your community. Mayor Whipple stated so, he always helps support the members of his community. Council Member Cerullo stated that's great, he does too and would expect every person on this Council to support the members of this community and he would expect every member of this Council to be fully transparent on how they are acting in support of members of this community. Stated he thinks he has proven his point and they can move on. Mayor Whipple stated he does not think he has. Council Member Cerullo stated thanks. Mayor Whipple stated further, Legal, is representing constituents be interpreted as representing members of your community something that he would have to have preapproval with the Council before he is able to do. Sharon Dickgrafe, Chief Deputy City Attorney, stated again you are talking about specific facts. Stated  Page 8 CITY COUNCIL PROCEEDINGS NOVEMBER 23, 2021 certainly if you were at an event representing the city as a whole, we do send notifications out for those kinds of events, that's a PR issue. Stated you are really talking about a number of different issues here whether it is a Council policy whether it is a PR issue, whether it’s a legal issue. Stated she does not think those are legal issues. Mayor Whipple stated so you don't think these are legal issues. Sharon Dickgrafe, Chief Deputy City Attorney, stated she said they are not a legal issue as long as there was not money utilized for the trip. Stated there may be other issues that is not within her prevue to comment on. Mayor Whipple stated that given the evidence as presented by Cerullo which is two tweets... Council Member Cerullo stated its Council Member Cerullo thank you. Mayor Whipple stated Council Member Cerullo’ s two tweets, he has jumped to the conclusion that I am in violation of... Council Member Cerullo stated he has not jumped to any conclusion. Mayor Whipple stated that I am in violation of the ordinance and he just wants Legals' opinion. Council Member Cerullo stated he has not said that he is in violation of any ordinance. Mayor Whipple stated then what. Council Member Cerullo stated he simply asked who paid for it... Mayor Whipple stated what is the charge so we can ask Legal if they agree. Council Member Cerullo stated he simply asked who paid for it and why he didn't feel it was important to discuss this with the community and your fellow Board Members ahead of time. Stated that is all he asked. Stated you answered one question, you still haven't answered the second and he doesn't' think he is. Mayor Whipple stated he will answer it. Stated we just established there were no rules that have been violated at least from our Legal Counsel's perspective at this point. Stated he does not ask permission to travel... Council Member Cerullo stated he is not talking about asking permission, you are changing the subject again. Mayor Whipple stated particularly for the Council. Stated no, he is going to answer his question. Stated further he does not advertise he is out of town because of the multitude of death threats and threats of violence to his family that he has been receiving since he took this position. Stated if you look on Google his house is listed as a place of interest which means that anybody in this area who wants to know where he lives can find his family, his wife and his kids pretty easily. Stated sadly because of salacious politics at the last year and in the climate, we are in he cannot advertise when he is out of town. Stated he can send a tweet when he is coming back but he does not tell people from the bench that he is going to be leaving for a few days to go on this educational trip that he takes every year when he can. Stated frankly  Page 9 CITY COUNCIL PROCEEDINGS NOVEMBER 23, 2021 he does not want people to know when his wife and his three little kids are home alone. Stated he does not expect him or anyone on this Board to try and advertise when they are away because everyone on this Board has received some negative pushback of the last couple years. Stated if you feel your safety is in jeopardy or your house or your family's then that's your call. Stated that is not a call that he thinks any of them need to make. Stated if you want to know why he didn't tweet out before that he was on his way that is why. Stated if you want to know if this is a violation of any ordinance, Legal has told us she, based on the evidence you presented, is not. Stated so unless you have further questions here. Council Member Cerullo stated that is really not what she said, but anyway. Mayor Whipple stated Legal, would you, do you believe off of the evidence that was presented from Cerullo... Council Member Cerullo stated Council Member Cerullo, thank you. Mayor Whipple stated Council Member Cerullo, that I should have asked for a vote to go on this trip. Sharon Dickgrafe, Chief Deputy City Attorney, stated again, that is not a legal question. Stated there is not an ordinance violation regarding what occurred. Mayor Whipple stated so it is not a violation of the, an ordinance violation with regards to what has occurred, ok, glad we got that cleared up. Council Member Claycomb stated she agrees with Council Member Cerullo's questioning and she thinks that this sets a bad precedent because the rest of us have always reported and got approval before they traveled. Stated even on White House trips as she has been invited to one of those before too, former Mayor Longwell was invited to those on several occasions. Stated again, even if the City did not pay for it, it sets a bad precedent in terms of transparency. Council Member Frye stated first of all none of them deserve death threats for a position that they volunteer to do, and he has sympathy for the Mayor on that. Stated Mayor Longwell had death threats as well and it’s a very real part of the world we live in today. Stated none of them deserve that and his sympathy to Mayor and his family. Stated he does not think any of them are saying that he broke an ordinance or a law, they are just asking for greater transparency that has been a focal point of yours for the last two years. Stated they have created an Ethics Board and are saying that if they are going to do this the right way, they should all live by the same rules. Stated they have all voted on travel for different things over the several years that they have been on Council. Inquired if he would have been invited to this meeting if he was not the Mayor. Mayor Whipple stated yes. Council Member Frye stated he finds that hard to believe, but that's fine. Mayor Whipple stated he is sorry if he finds it hard to believe. Stated he has been a member of this group for almost 10 years and if he is no longer elected Mayor he is still able to be a part of this group. Council Member Frye stated there should be no reason you have hesitation on saying what is going on, who funded it, and going and answering the questions ahead of time. Stated that would have been a lot easier than what we have been doing today.  Page 10 CITY COUNCIL PROCEEDINGS NOVEMBER 23, 2021 Mayor Whipple stated so wait a minute, wait, we established the City didn't pay for it, which means I paid for it, or the organization he thinks will reimburse his flight. Stated is that the transparency you seek to know if I'm paying for it or if the City is paying for it, because I thought we already established that. Council Member Frye stated the transparency is taking a trip, acting as Mayor, and letting us know about it as a Body. Mayor Whipple stated we have established I was not acting as Mayor. Council Member Frye stated we have not. Stated it is very clear you were acting as Mayor when you see the nameplate that says Mayor Brandon Whipple. Mayor Whipple stated so being Mayor and acting as Mayor are two separate things. Stated he is the Mayor when he is not acting in his official capacity and people come up to him as Mayor. Stated if he goes somewhere, like he did actually, it’s a funny example that was presented by Legal, he did actually judge a dog contest. Council Member Frye stated this was not a dog contest this was the White House. Mayor Whipple stated you are right; I judged a dog contest and my nameplate said Mayor. Stated his official capacity that was obviously not the official capacity of Mayor as described in his duties in the ordinance to judge a dog contest, but they still recognized him as Mayor because he is elected by the people as Mayor. Council Member Frye stated and is publicly available on the Council calendar that you were doing that, so the public knew that. Stated the public did not know about this. Mayor Whipple stated this is on his calendar. Stated that isn't on my public calendar. Council Member Frye stated ok, none of us knew about it. Council Member Blubaugh stated he has served with two other mayors and both Mayor Brewer and Mayor Longwell had trips that weren't paid for by the City, they would be paid for by the Kauffman Organization or somebody else and they always went on the agenda, or they always announced at the meeting where they were going and what the purpose of the trip was. Stated a lot of time he thinks they would even say there is no binding action for the City or anything like that. Stated he is just saying historically what they have done. Mayor Whipple stated again he hesitates to announce, especially since he is not acting in his official capacity as Mayor at one of these. Stated he is not seeking funds for the city; this is an educational trip where he is learning about policy that makes him a better Mayor in the end. Stated again the City was not approached, he was in this group far before he was a Mayor. Stated again, because of all of that, the mountain of evidence that this was not a City sponsored trip, and in the future, he does not mind the City paying for him to go on something like this and thought this would be separate. Stated he still has a reservation when announcing to the world that he won't be home for the next few days given the past year that he has had with people protesting at his house, the DA pressing charges against someone who had a plot to kidnap and kill him, plus the other generalized threats of violence that most of us have seen as well. Stated he is cautious of talking too much of if he is going to be out of town particularly if it is established that it is not for City business. Stated if you disagree fine, he is asking for a little understanding on why something outside of what is a requirement both with our ethics standards and with  Page 11 CITY COUNCIL PROCEEDINGS NOVEMBER 23, 2021 our ordinance, a trip that is not in violation of any of that why he does not just tell them beforehand that he is leaving. Stated if the argument is that he is not being transparent, he tweeted about it and talked about it after he came back so it’s not like he's trying to hide it. Stated he just didn't go through an additional process that wasn't required because again he has pretty good reason to not go through that additional unrequired process to announce to the world that my wife and my three kids are going to be home by themselves. Stated if you don't agree with that, fine, but is hoping we can at least get an understanding of why that is. Council Member Frye stated so no more travel gets approved then at Council level because of that fear, is that what you are saying. Mayor Whipple stated no, if the Council travel is one in which it should be approved then ok. Stated so far there has not been at all established that this is travel that should have been approved because as has been established during this discussion this was not travel on behalf of the City of Wichita this was him going to an event that he has gone to for seven years before he was Mayor. Stated the argument is who printed out what on the nameplate, fine, we have to revisit the ordinance to discuss if they call you Mayor does that mean that you are officially in your capacity as Mayor or are you not. Stated he thinks official capacity as Mayor means the City sent him there to get City business done. Stated he does not think that him taking a class on some of the policy counts as that because frankly the ordinance does not say it does. Council Member Cerullo stated that based on his reasoning then we did approve travel for him about a month ago to Las Vegas he believes. Mayor Whipple stated no. Council Member Frye stated no. Council Member Cerullo asked where was it to, he can't remember, but they approved travel for him about a month ago. Council Member Frye stated it was to LKM in Topeka and they were both at the same conference. Council Member Cerullo asked if he had expressed these concerns beforehand. Stated he did not hear any of these concerns about he and his family's safety before that. Inquired if the Mayor ordered an extra watch by the Police Department at his house while he was gone because of his concerns. Mayor Whipple stated it was Topeka, right? Council Member Cerullo stated that we announced that you would be gone, and you were traveling and you would be out of town. Mayor Whipple stated he does not find the same risk if he is gone for less than 24 hours. Council Member Cerullo stated understood. Vice Mayor Johnson stated different subject as he was not sure if they were done, but last year he encouraged everybody to have a virtual Thanksgiving and he is glad the vaccine is available and hopefully we can have some friendly get togethers on Thursday safe. Stated if you have not gotten your vaccine, please get vaccinated.  Page 12 CITY COUNCIL PROCEEDINGS NOVEMBER 23, 2021 Mayor Whipple stated we have a blue sheet, and we could adjourn or recess, do the Council Workshop, and then come back out of recess into the blue sheet with a 20 minute for Executive Session which he thinks is probably the easiest way, or we could do the blue sheet now, then adjourn the meeting, and then do the workshop after, is there any real feedback on that. Council Member Tuttle stated that our friends that are joining us for the Workshop have to be done by 11:00 a.m., 11:15 a.m. max. Stated she prefers that we do the Workshop and then come back for Executive Session. Bob Layton, City Manager, stated right, that is the same thing he was going to say. Mayor Whipple Stated that is how they will proceed. RECESS TO CITY COUNCIL WORKSHOP The City Council meeting recessed to the City Council Workshop at 10:07 a.m. RECONVENE The City Council meeting reconvened at 11:17 a.m. EXECUTIVE SESSION MOTION: Mayor Whipple moved to recess into Executive Session for 20 minutes to receive information on an offer of settlement on a civil case 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 and legal advice. The Executive Session is required to protect attorney-client privilege and the public interest. The Executive Session will begin at 11:20 a.m. and end at 11:40 a.m. and will resume in Council Chambers. Motion carried 7 to 0. RECONVENE The City Council reconvened at 11:40 a.m. ADJOURNMENT MOTION: Mayor Whipple moved to adjourn the meeting. Motion carried 6 to 0, (absent Council Member Blubaugh). The meeting was adjourned at 11:40 a.m. Respectfully submitted, Jamie Buster, MPA, CMC Deputy City Clerk  Page 13 CITY COUNCIL PROCEEDINGS NOVEMBER 23, 2021 ATTACHMENT 1 - CONSENT AGENDA ITEMS 1 THROUGH 13 II) CITY COUNCIL CONSENT AGENDA ITEMS 1) Applications for Licenses: a.) Applications for Licenses Attachment: Applications for Licenses Nov 23, 2021.docx 2) Applications for Licenses to Retail Cereal Malt Beverages: a.) Applications for Licenses to Retail Cereal Malt Beverages. Attachment: CMBs for Nov. 23, 2021.docx 3) Preliminary Estimates: a.) Preliminary Estimates. Attachment: PEs for CC 11-23-21.pdf b.) Preliminary Estimates for Sewer Improvements to serve Clear Ridge Addition Phase 2. Attachment: Clear Ridge Add Ph 2 PE Template NTBA.doc Attachment: Clear Ridge Add. Ph 2 SS Cover Sheet Template.doc 4) Design Services Agreements: a.) Design Services Agreement for Monarch Landing 5th Addition. (District II) Attachment: Agenda Report No. II-4a.docx Attachment: Design Agreement.pdf b.) Design Services Agreement for Trinity Point 2nd Addition. (District IV) Attachment: Agenda Report No. II-4b.docx Attachment: Design Agreement.pdf 5) Change Orders: a.) Change Order No. 5 and Change Order Limit Adjustment for Improvements to Mt. Vernon, Broadway to Southeast Boulevard. (District III) Attachment: Agenda Report No. II-5a.docx Attachment: Change Order  Page 14 CITY COUNCIL PROCEEDINGS NOVEMBER 23, 2021 Attachment: Resolution 21-440 6) Minutes of Advisory Boards/Commissions: Library Monthly Activity Report October 2021 Board of Electrical Appeals October 12, 2021 Library Board of Directors October 19, 2021 Attachment: Library Monthly Activity Report October 2021.pdf Attachment: Board of Electrical Appeals October 12, 2021.pdf Attachment: Library Board of Directors October 19, 2021.pdf Uncategorized Items: 7.) Over Estimate Bid for Improvements to Water Main Extension in Ridge Road and 45th Street North. (District VI) Attachment: Agenda Report No. II-7.doc Attachment: Revised Bid Summary.pdf 8.) First Reading of the Bond Ordinance to Issue Industrial Revenue Bonds, Textron Aviation. (Districts II, III and IV) Attachment: Agenda Report No. II-8.doc Attachment: Bond Ordinance 51-676 9.) First Reading of the Bond Ordinance to Issue Industrial Revenue Bonds, Spirit AeroSystems, Inc. (District III) Attachment: Agenda Report No. II-9.docx Attachment: Ordinance 51-677 10.) 42-inch Water Main Repair and Condition Assessment. (District I) Attachment: Agenda Report No. II-10.docx 11) Second Reading Ordinances: Second Reading Ordinances (First read November 16, 2021) Attachment: CMBs for Nov. 23, 2021.docx  Page 15 CITY COUNCIL PROCEEDINGS NOVEMBER 23, 2021 II) CONSENT PLANNING AGENDA ITEMS 12.) ZON2021-00043 – City Zone Change from SF-5 Single-Family Residential to GO General Office for Adult Day Care and Services; Generally Located within One-Quarter Mile North of West Central Avenue and One Block West of North McLean Boulevard on the West Side of North Edwards Avenue between West Elm Street and West Murdock Avenue. (District VI) Attachment: Agenda Report No. II-12.doc Attachment: Excerpt Minutes 10-21-2021.docx Attachment: DAB 6 Memo ZON2021-00043.pdf Attachment: Ordinance 51-678 II) CONSENT HOUSING AGENDA ITEMS - NONE II) CONSENT AIRPORT AGENDA ITEMS 13.) Emerald City Cargo, LLC - Office Building Lease Agreement - Wichita Dwight D Eisenhower National Airport. Attachment: Agenda Report No. II-13.doc Attachment: Emerald Lease Agreement final.pdf Attachment: Emerald Exhibit A.pdf