City Council Meetings

Page 1 CITY COUNCIL PROCEEDINGS DECEMBER 14, 2021 MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, December 14, 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, Director of Law, and Karen Sublett, City Clerk. Mayor Whipple called the meeting to order at 9:03 a.m. Approve the minutes of the regular meeting December 7, 2021. MOTION: Mayor Whipple moved to approve the minutes of the regular meeting on December 7, 2021. Motion carried 7 to 0. I) PUBLIC AGENDA 1.) Andrew Crane - Blind community in Wichita. Andrew Crane, Guiding Paws ICT stated I have a challenge for the Council Members to take a walk downtown because we need to get the sidewalks up to code to help the blind community navigate downtown safely, which would help the blind community. Stated the National Federation of the Blind of Kansas is working on a technology bill that we would like the City Council to contact Ron Estes and Dr. Roger Marshall to get that going. 2.) David Callen - Municipal rights. David Callen stated the codes in Wichita should meet up with the codes that are international. Stated the CDC finds that a vaccine is a product that stimulates a person's immune system to produce immunity to a disease. Stated I do hope that anyone who wants or needs a vaccine gets one available to them; I am not anti-vax. Stated this country belongs to the Council of Europe and Wichita, Kansas is under the Vaccines Ethical Code and Practice Considerations, with respect to ensuring high vaccine uptake, ensure that citizens are informed that vaccinations are not mandatory, and no one politically or socially or otherwise get themselves vaccinated if they do not wish to do so and says that any experimental vaccine is a choice, not a mandate. Stated he hopes that our City codes don't have any mandates for vaccines.  Page 2 CITY COUNCIL PROCEEDINGS DECEMBER 14, 2021 II) CONSENT AGENDA ITEMS 1 THROUGH 15 Vice Mayor Johnson asked for consent items 11 and 12 to be pulled from the consent agenda. MOTION: Vice Mayor Whipple moved to approve consent agenda items 1 through 15 in accordance with the recommended actions, excluding items 11 and 12. Motion carried 7 to 0. Vice Mayor Johnson stated due to a conflict of interest on item 11, I will abstain from the vote. MOTION: Vice Mayor Whipple moved to approve consent agenda item 11. Motion carried 6 to 0, (Abstained: Johnson). Vice Mayor Johnson stated due to a conflict of interest, I will abstain from voting on item 12. MOTION: Mayor Whipple moved to approve consent item 12. Motion carried 6 to 0, (Abstained: Johnson). COUNCIL BUSINESS III) BOARD OF BIDS AND CONTRACTS 1.) Board of Bids and Contracts dated December 13, 2021. Attachment: 12-13-2021 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 - NONE VI) NEW COUNCIL BUSINESS 1.) EXTENSION OF EDX TAX EXEMPTION REQUEST, C.E. MACHINE CO., INC. (DISTRICT IV) Attachment: Agenda Report No. VI-1.docx Tim Goodpasture, Office of Economic Development, presented the item.  Page 3 CITY COUNCIL PROCEEDINGS DECEMBER 14, 2021 Mayor Whipple asked if anyone from the audience wished to speak; no one came forward. MOTION: Council Member Blubaugh moved to extend the tax exemption on the IRB-financed property for C.E. Machine Company, Inc. for a second five-year term. Motion carried 7 to 0. 2.) EXTENSION OF EDX TAX EXEMPTION REQUEST, PERFEKTA, INC. (DISTRICT VI) Attachment: Agenda Report No. VI-2.docx Tim Goodpasture, Office of Economic Development, presented the item. Mayor Whipple asked if anyone from the audience would like to speak; no one came forward. MOTION: Council Member Claycomb moved to extend the tax exemption on the IRB-financed property for Perfekta, Inc. for a second five-year term. Motion carried 7 to 0. 3.) APPROVAL OF A CONTRACT FOR THIRD-PARTY VETTING. Attachment: Agenda Report No. VI-3.docx Attachment: 21200047 Contract Amendment 2 (1).docx Attachment: TruView Proposal Due Diligence Services Wichita Economic Development.pdf Attachment: TruView Sample Report Red Flag.pdf Mark Elder, Office of Economic Development, presented the item. Mayor Whipple stated for clarification, this is for a third-party vetting process for developers who want to do business with the City who otherwise we would internally vet. Mark Elder, Office of Economic Development stated correct. Mayor Whipple stated this will be paid for by the company who is looking to receive something from the City. Mark Elder, Office of Economic Development stated yes the cost will be passed on to them. Mayor Whipple stated this is not applicable to all of our employees. Mark Elder, Office of Economic Development stated correct. Mayor Whipple asked if anyone from the audience wished to speak; no one came forward.  Page 4 CITY COUNCIL PROCEEDINGS DECEMBER 14, 2021 Vice Mayor Johnson thanked the City Manager and staff for doing this and bringing about this opportunity for vetting. Mayor Whipple stated I think this is a good policy moving forward and takes out some maybe unintended politics or bias when it comes looking at applications and allowing a third party to do the vetting, which adds an extra tool in our toolbox. MOTION: Mayor Whipple moved to approve the contract amendment with TruView and the updates to the Economic Development Guidelines related to external vetting and authorize the necessary signatures. Motion carried 7 to 0. 4.) FIRE RADIO REPLACEMENT. Attachment: Agenda Report No. VI-4.docx Attachment: Resolution 21-464 Fire Chief Snow presented the item. Council Member Tuttle thanked Chief Snow for being so forward thinking and catching the price increase which will happen in January. Council Member Frye stated sometimes old equipment like helmets, safety goggles, etc. sometimes get repurposed; is there an application for old radios to have that intention. Chief Snow stated yes, sometimes we can utilize them within the City in some of the other departments, we have a partnership with Fire Forestry and partnerships throughout the state. Stated they never go to waste. Mayor Whipple asked if anyone from the audience wished to speak; no one came forward. MOTION: Mayor Whipple moved to approve the project, adopt the bonding resolution, and authorize the necessary signatures. Motion carried 7 to 0. 5.) SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU) MEMORANDUM OF AGREEMENT. Attachment: Agenda Report No. VI-5.docx Attachment: 2022 SEIU Contract 12.9.2021.pdf Chris Bezruki, Director of Human Resources, presented the item. Mayor Whipple stated this was voted on by 60 to 40 in favor.  Page 5 CITY COUNCIL PROCEEDINGS DECEMBER 14, 2021 Chris Bezruki, Director of Human Resources stated yes, 60 to 40 was over the last several days and concluded their vote yesterday and the time we looked up the numbers it was 59.6 to 40. Council Member Frye stated the agenda report says the contract is estimated to exceed the budget amounts by approximately three million over three years, with about half of that coming from the general fund. Stated where is the balance coming from, this is obviously something we are going to have to work into future budgets. Stated we are not using ARPA money for this, are we? Chris Bezruki, Director of Human Resources stated we will be using ARPA money for at least the $1,000 bonus amount, the other amount will come from the general fund and the water and sewer fund for those employees covered there. Mayor Whipple asked if anyone from the audience wished to speak. 1) Celeste Racette asked if any of the union employees with Century II affected by this contract and if so, I know they were going to be negotiated opportunities to work for ASM Global; has that been arranged at this point? Bob Layton, City Manager stated yes, we have worked with all of the employees that would be impacted by the ASM transfer. Chris Bezruki, Director of Human Resources stated we have been putting our eyes on this issue and have personally met with employees from Century II. Stated even if an employee has to accept a position at a lower pay rate, the union has agreed to enter into a red lining agreement with us so that employee will not take a loss in pay until the wages catch up. Stated we feel confident that all those employees will be satisfied in the new the new jobs. MOTION: Mayor Whipple moved to approve the proposed 2022-2024 Memorandum of Agreement between the Service Employees International Union Local 513 and the City of Wichita. Motion carried 7 to 0. 6.) AMERICAN RESCUE PLAN ACT (ARPA): CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDING (CSLFR) REQUEST FOR GRANT APPLICATIONS. Attachment: Agenda Report No. VI-6.docx Attachment: ARPA Grant Application Form.pdf Attachment: ARPA Grant Applications - Scoring Matrix-12.14.2021.pdf Attachment: ARPA Request for Grant Applications-Final.docx Scott Rigby, Assistant City Manager and Nikki Babcock, Finance Department presented the item. (Mayor Whipple momentarily left the bench; Vice Mayor Johnson in the chair) Council Member Tuttle stated it was reported by staff that the Council will make the final approval, will those come to us all at one time or will it be ongoing.  Page 6 CITY COUNCIL PROCEEDINGS DECEMBER 14, 2021 Scot Rigby, Assistant City Manager stated our hope is that we will have enough qualified applicants that will be able to distribute all the funds at that single time but if we still have remaining funds after reviewing all the applicants, the Council could choose to reopen the process and take additional solicitations and come back for recommendations down the road. Council Member Tuttle asked if there is a cap on how much each entity can apply for or is it whatever they think they need. Scot Rigby, Assistant City Manager stated we have not set a cap. Council Member Tuttle stated I know we said we would put something on our website but how else are we going to promote this opportunity in the community. Stated will we be collaborating with the Chamber, the Greater Wichita Partnership and other entities; how else will we get the word out so that small business know about this opportunity. Scot Rigby, Assistant City Manager stated we will also use social media, channel 7 and the Mayor's weekly press conference. Council Member Tuttle stated do we anticipate that there will be some sort of evaluation later down the road or communicate to understand successes, how are we going to keep in contact with these people and entities that receive funding to see if it was successful that we can convey and share with the community as well. Nikki Babcock, Finance Department stated we do have a sub-recipient grant monitoring policy here at the City's Finance Department and will be doing sub-recipient grant monitoring and following the grants closely, answer questions and making sure that they are being compliant and that we have all the information that we need. Bob Layton, City Manager stated we are also looking at one other layer of review prior to this application reaching the Council and to also help us with ongoing monitoring. Stated the State Recovery Office has contracts with five firms to do auditing oversite and believes we are going to piggyback on that contract so that we will have the benefit of that review to make sure that we are staying in compliance with the open guidelines. Stated that will also help us as we look at how to evaluate contracts. Vice Mayor Johnson stated in regard to working with folks too closely and maybe have them be ineligible, will there just be an applicant call so if anybody is interested to hear from staff, everybody is hearing the same thing at the same time and way so that it will help field out conflicts. Scot Rigby, Assistant City Manager stated we are going to do a pre-application review meeting that will go through the applications, answer questions and allow them to ask questions of us before the application process formally opens. Stated if we find questions that we need to clarify or add additional information, that will allow us then to put that out. Stated it is similar to a bid process and then through the process if we get additional questions that we need to clarify, then we will post the responses on our various media sources. Vice Mayor Johnson stated can you explain again who can actually apply for this. Nikki Babcock, Finance Department stated individuals cannot apply, entities cannot be formed to apply for this but private public partnerships, educational entities, as well as business can apply.  Page 7 CITY COUNCIL PROCEEDINGS DECEMBER 14, 2021 Vice Mayor Johnson stated on slide 65 (Purpose of this Grant Process), is this for job training or is it also for small business entrepreneurs. Scot Rigby, Assistant City Manager stated it can apply to both. Vice Mayor Johnson stated my only concern on this and last year working with the Black Alliance, we saw that independent contractors were left out of federal help as well as county and a lot of those independent contractors are barbers and beauticians who are not mentioned in this but some of those folks lost everything. Stated could that also be considered maybe as a seventh item. Scot Rigby, Assistant City Manager we could add that but wants to make it clear that these six industries are not all encompassing and are not the only six industries that we are willing to consider and would consider to work with that alliance to figure out a way to work with their members. Mayor Whipple stated these six industries listed are the ones moving forward in which came up in the discussion with this contract; however, if there are organizations that represent industries that aren't listed here, they should still have a discussion with our Economic Development team and likely still be able to qualify if they meet the requirements. Scot Rigby, Assistant City Manager stated yes, these six were primarily chosen because they align with the Regional Growth Plan as well as the City's own Economic Development priority of industries. Mayor Whipple stated we want to hammer that point home that if there are other organizations that feel they are qualified for this, that staff will take those considerations. Council Member Frye stated regarding award caps and limits, ten million dollars is a lot of sausage; what was the consideration for not putting caps or limits on this, was there discussion about that. Bob Layton, City Manager stated yes we had some significant discussion about it and thinks the concern especially in the workforce development area was that we were aware of some projects that had significant dollar requirements but also had significant benefits and we were afraid a cap would limit the success of those projects and limit the ability for you to consider those projects. Stated we will take that into account as we bring recommendations forward because we want to maximize the benefit of the use of these dollars and that will be a consideration the Council will have to make when you do final allocations. Council Member Frye asked if the panel could recommend a lesser amount than requested, could that be specified as part of the application process. Scot Rigby, Assistant City Manager stated yes that could be a consideration. Council Member Frye stated because of action that this Body took earlier with the vetting process, will these applicants go through the vetting process that we just established. Bob Layton, City Manager stated yes, and we will add that to our guidelines. Council Member Frye stated it also says that the panel will be created and assigned by the City Manager; will we get to vote on that panel as a Council and at least review who those panelists are so that we know who is making the decisions just like we do with other grant review committees.  Page 8 CITY COUNCIL PROCEEDINGS DECEMBER 14, 2021 Bob Layton, City Manager stated I have no problem sharing that information. Stated it will primarily be staff because of the concerns that staff expressed on limiting, we don't want to create a conflict of interest. Council Member Blubaugh asked if Council as well as the public also have access to the applications or are we only going to have the recommendations from the selection committee. Bob Layton, City Manager stated I believe we have determined that the applications will be public record unless there is proprietary information in the application. Jennifer Magana, City Attorney stated we also look at whether there is financial information of a taxpayer which is prohibited from disclosure. Stated there are exceptions to what is open. Mayor Whipple asked if anyone from the audience wished to speak. 1) Celeste Racette stated I am glad to hear this discussion about conflict of interest from Council Members Frye and Blubaugh on whether the applications can be reviewed. Stated conflict of interest concerns me and I wonder if we even have the advisory board up yet that was formed in April to make sure there were no contracts given or grant funds given to business associates and friends because that was a problem with the last grant that had been awarded and reported on in the news. Stated the Ethics Code says that Council Members shall refrain from making decisions involving business associates, customers, clients, friends, and competitors and shall refrain from using their influence as members of the governing board in attempts to secure contracts, zoning or other favorable municipal action for friends, customers, clients, immediate family members or business associates. Stated I am reminding you again that several of you ran on ethics and all of you voted for the Ethics Advisory Board but not everybody has their nominations on the board to get it up and running. Stated I would like to see who the owners behind the grants that are approved by the City Manager. Stated I don't want to see outdated and inappropriate data use to secure these grants as has been questioned in the past. Stated I am glad to see that there will be a type of auditing oversight with the State Recovery Office to provide auditing oversight. Stated I want to see follow-up and evaluation of all of these grants approved. Stated I would like to know before closing that we do have a full board on the Ethics Advisory Board and that we have a whistle blower hotline open that is reporting to you. Mayor Whipple stated to be clear, staff, not Council Members are the ones who will be reviewing these applications and making recommendations. Bob Layton, City Manager stated yes that is correct. Mayor Whipple stated staff has their own ethics policy as well that is more detailed than Council policy and therefore staff also won't be making recommendations anyone they are personally aligned with. Bob Layton, City Manager stated correct. Mayor Whipple stated if staff recommends something to come to the Body for a vote, at that point if there is a conflict, then it is proper for a Council Member to abstain from that vote. Bob Layton, City Manager stated correct.  Page 9 CITY COUNCIL PROCEEDINGS DECEMBER 14, 2021 Council Member Cerullo stated as to the speaker's comment on appointments to the Ethics Advisory Board, I specifically have not made my appointment to this board because I didn't know if I was even going to be on this Body after January and I don't think it is ethical to appoint someone to an Ethics Advisory Board when I don't even know if I’m going to be here past January. Stated that is the reason I have not made my appointment and will let Council Member elect Hoheisel do that when he takes office. Bob Layton, City Manager stated I want to underscore the reason why we are bringing this forward. Stated we had a lot of discussion about the impact that the pandemic has had on businesses in the community either from a workforce standpoint or in terms of ongoing expenses and revenue reductions. Stated we know that other jurisdictions that received ARPA funds are moving at a little different pace and thought it was important to do what we thought was necessary to help businesses here in the short-term with the understanding that our partners at the County and hopefully the state through the SPARK program will come in with longer term programs to benefit businesses over longer periods of time, at least through the 2024 period. Stated it is important that we assist those businesses before they are forced to make very hard decisions about maybe their own continuity. Mayor Whipple stated I am personally impressed with our staff and with this Council if this is to move forward, with their ability to create a process in which small business organizations as well as organizations that work in the area of job training can apply for these funds. Stated my understanding is that there are different levels of this, we have them at the state level, the county level and the city level and we are further ahead when it comes to creating a process for people to access this money than some of these other levels and thus, we can get this money out faster to people who need it. Stated I also want to complement staff for creating a matrix so that it will be more data driven, which adds to this process being more subjective. MOTION: Mayor Whipple moved to authorize the allocation of up to $10 million of the City’s ARPA: CSLFR funds to be used for Workforce Development and Small Business/ Entrepreneurial Development grants and authorize staff to initiate and coordinate the application process. Motion carried 7 to 0. 7.) RESOLUTION AUTHORIZING SETTLEMENT AND ASSIGNMENT OF THE CITY’S CLAIMS IN OPIOID LITIGATION. Attachment: Agenda Report No. VI-7.docx Attachment: Resolution No. 21-465 (Council Member Blubaugh momentarily left the bench) Jennifer Magana, City Attorney presented the item. Vice Mayor Johnson asked legal staff if it is also true that we cannot take any legal action in the future against opioid companies. Jennifer Magana, City Attorney stated she will refer to Matt Dwyer who has worked on this. Matt Dwyer stated that would be correct. Stated under the MOU and HB2079 that was passed by the  Page 10 CITY COUNCIL PROCEEDINGS DECEMBER 14, 2021 Kansas Legislature, we would be assigning all future claims for any covered conduct as defined by the statute that are against companies in the pharmaceutical supply chain with regards to the opioid epidemic. Mayor Whipple asked if anyone from the audience wished to speak; no one came forward. Vice Mayor Johnson stated I am very reluctantly supportive of this because it seems our hands have been tied and forced to do this and limiting our ability to take future legal action is wrong. MOTION: Mayor Whipple moved to adopt the resolution and authorize all necessary signatures for participating in the MOU and settlement agreement with the Settling Distributors, and authorizing release and assignment of any remaining Opioid MDL claims to the Kansas Attorney General and authorize the establishment of a special revenue fund to account for funds received from the settlement. Motion carried 7 to 0. 8.) REPAIR OR REMOVAL OF DANGEROUS AND UNSAFE STRUCTURE. (DISTRICT VI) Attachment: Agenda Report No. VI-8.docx Attachment: Writeups.docx Attachment: Summary Table Spreadsheet.xlsx KaLyn Nethercott, MABCD, presented the item. Mayor Whipple asked if anyone from the audience wished to speak. 1) Chris Johns stated he is the owner of the property. Stated the property is in bad condition but I have begun repairing the foundation about two weeks ago. Stated procuring a foundation company was an issue but was finally able to find a company. Stated we are aware of the issues and are in progress of repairing the foundation first. Council Member Claycomb stated the structural engineers report said that it takes a total foundation replacement, so is that what you are working on. Chris Johns stated yes. Council Member Claycomb stated your building permit expires January 7th. Chris Johns stated yes. Council Member Claycomb stated does that mean that the foundation has to be totally repaired by January7th. KaLyn Nethercott, MABCD asked the property owner if he has had an inspection done by our building inspection department yet. Chris Johns stated no.  Page 11 CITY COUNCIL PROCEEDINGS DECEMBER 14, 2021 KaLyn Nethercott, MABCD stated there are no work inspections that have been performed at this time. Stated we would want to look very closely at the progress to date before any type of extension on a building permit of that kind would be issued, as it has been in place for almost six months. Council Member Cerullo asked Mr. Johns how long he has been the owner. Chris Johns stated a couple of years. Mayor Whipple asked if the trash and other stuff around the property has been removed. Chris Johns stated it is all gone now Council Member Claycomb asked Mr. Johns how much time he would need to make sure that the repairs that are needed have been made. Chris Johns stated depending on the weather, we have already dug up the back half down to the footings and are hoping to have the back wall poured late this week, possibly early next week and the foundation repaired within the next 30 days. Council Member Cerullo asked staff if she is confident that this work can be done in this amount of time. Stated my concerns is that this has been an open case for more than two years and you reported that virtually no work has been done in two years. KaLyn Nethercott, MABCD stated this is the first interaction we have had with the owner since the August Council Meeting, so I didn't get a chance to pre-vet that. Stated I am concerned about the scope of work that is required to bring this property back to a habitable status and the fact that the good weather has past. Stated we will have to verify that the premise conditions have been rectified and if not, we will take care of that through a nuisance abatement case moving forward. Stated it might be possible to get that done in 30 days. Council Member Blubaugh asked Mr. Johns how long he thinks it will take before it is habitable. Chris Johns stated I am breaking it up into different phases. Stated I have already replaced the roof and regarding the interior, we are probably looking at an additional six months before being occupied. Stated one side is gutted to the studs but the other side has to be done, so all the trades will have to do their thing and I'm kind of at their mercy, but six months would be the longest I imagine that it would take. Council Member Blubaugh stated that is probably a reasonable amount of time. Council Member Cerullo asked Mr. Johns if he owns any other property where he has done this type of work. Chris Johns stated yes, I have about 140 properties and have done a lot of work. Council Member Claycomb stated I would like to extend some time to Mr. Johns. Stated I don't think this probably needs to come back to the City Council if in 90 days the property isn't in a condition where it would not need to be demolished.  Page 12 CITY COUNCIL PROCEEDINGS DECEMBER 14, 2021 MOTION: Council Member Claycomb moved to close the public hearing, approve a 90-day extension and if in 90 days the structure is not satisfactory, it will not come back to City Council and proceed with demolition. Council Member Blubaugh stated I need clarification of the definition of what is acceptable in 90 days. Stated I don't think it will be livable in 90 days. Council Member Claycomb stated I will add that it would not qualify for demolition at that point. KaLyn Nethercott, MABCD stated we will work with our building and trades professionals to inspect work that has been completed and any future permit requests. Stated this one is going to require some individual permitting for trades, and we will be able to evaluate that progress as a department within that 90-day period. Motion carried 7 to 0. 9.) 2022-2024 FRATERNAL ORDER OF POLICE UNION CONTRACT. Attachment: Agenda Report No. VI-9.docx Attachment: 12.2.2021 Final Clean Copy of FOP Contract.pdf Chris Bezruki, Director of Human Resources, presented the item. Mayor Whipple asked if anyone from the audience wished to speak. 1) Ann Jones stated I am asking again that you delay the passing of the FOP contract. Stated there have been legitimate concerns raised by both the public and the Citizens Review Board and instead of taking those concerns seriously, concerns that are life and death situations, the City Manager has cited a 20-year- old study to justify the policies in this contract regarding personnel file confidentiality. Stated the policy has been called a "secret file" over the years and has been used to cover for bad cop to prevent justice for families. Stated it also covers up for sexual harassment and bad employment practices within the Wichita Police Department (WPD). Stated this contract is an embarrassment to the City and an insult to everyone who has worked to make our City a safer place to live for everyone in Wichita, please don't ignore us again today. Stated no one is asking that these files be open to the public at large, but by hiding them from the Citizens Review Board, a legitimate request for production, is not an acceptable practice in 2021. Stated in the audience today she has with her Dominica Finch, Andrew Finch's sister was killed four years ago by a WPD officer. Stated despite the public's outcry for un-consequences or even firing of Officer Rapp, he remains on our force striking fear in our community and continues to receive reports of excessive use of force. Stated with this policy, we would have never found out who Officer Rapp was and the FOP here today and our HR Director continue to protect him and ignores the public outcry. Stated recently there was a sergeant that almost received consequences for slapping a female officer on the rear. Stated the sexual harassment consequences that were put into place by our own chief, that we elected was overwritten by the FOP and the HR Director. Stated this past November 23rd, when that same officer received no consequences, turns off his body camera and stops a young black man at gunpoint in his car who was on his way to work one morning. Stated the officer cuffs him and puts him in the back of his patrol car and then eventually releases him. Stated the only reason why you know about this and I know is because that young man was the nephew of a State Representative. Stated we have to hold them accountable and this contract does anything but that. Stated we elected and voted in our Police Chief, I  Page 13 CITY COUNCIL PROCEEDINGS DECEMBER 14, 2021 don't remember voting in the HR Director to override our own Police Chief and now we are on the heels of what I'm afraid is going to happen, we are going to lose our Police Chief and we are going to be set up to screw over the next Chief we hire; please don't pass this contract. Mayor Whipple stated he wants to ask staff about the policy regarding police files that was mentioned; was that in the old contract, is that new, what is the standard. Bob Layton, City Manager stated last evening you received an email from Jay Fowler who is the chair of the Citizens Review Board that explains the process that we are going through right now to review their work and how we can improve their oversight and enhance accountability to the public. Stated they came forward with two recommendations for consideration, I have had two meetings with them, Jay has indicated that those are productive conversations, and I would agree with that. Stated in our last meeting they came forward with three recommendations on what we could do to enhance the responsibilities of the Citizen Review Board to give them more oversight and allow for more public discussions of their findings. Stated I am looking at that right now, we already agreed on one of those reforms and there are two others that are under consideration. Stated it is part of a continuing dialogue and Jay also clarified they never intended to have a change in the FOP contract in order to be able to implement this oversight, it was always intended that it would be a change, one would require an ordinance change by the Council in terms of no longer keeping confidential some of their findings and allowing them to report publicly and the others would just be procedural changes that they would make in terms of how they investigate cases and pull cases for review. Mayor Whipple stated so the Citizen Review Board is working on methods for more oversight and access to some of these files and this contract would not prohibit those discussions moving forward that might lead to possible policy or ordinances changes. Bob Layton, City Manager stated that is my understanding, you have representatives of FOP here who was at the Citizen Review Board who I'm sure are willing to discuss their understanding of what we have been doing with the Citizen Review Board. Mayor Whipple stated about the policy in regard to access to some of these files, is that policy that comes over from previous practice or is that new language for today. Bob Layton, City Manager stated it is not new language for today. 2) LaWanda Deshazer stated I appreciate the conversations that the Racial Profiling and Advisory Board has been having with the City Manager. Stated we have had meetings with the FOP and with the leadership of WPD that have really been productive and will say publicly that we have made some progress. Stated please amend the proposed FOP contract to provide more accountability and transparency when WPD officers use excessive force or discharge their weapons. Stated hiding this information from the residents of Wichita only deepens the distrust and suspicions that the cover up of these actions is more important than being honest. Stated law enforcement employment and disciplinary records alleging serious misconduct or use of excessive force by a law enforcement officer should be considered public record and not protected from disclosure by a KORA unless disclosure of such records is otherwise restricted or prohibited by law. Stated 2020 was the summer of protests across the country, citizens were demanding change and I again commend WPD for making some changes in policy and procedures, but we can do more. During the protest and talks here in Wichita it was consistently stated that we are not those other cities, so let’s put some other measures in place to make sure that we are not those other cities. Stated I have recently seen some things on Facebook regarding a mom asking questions  Page 14 CITY COUNCIL PROCEEDINGS DECEMBER 14, 2021 when her son was pulled over by police and she was treated in a very rude manner and was told to stay away; it was a bad look. Stated those are the things we are talking about. Mayor Whipple stated with the talks moving forward when it comes to the Citizens Review Board having more oversight, those kind of policy changes can be ongoing regardless of this contract. Bob Layton, City Manager stated that is correct and we have committed to do that. 3) Celeste Racette stated there was a police officer Arterburn, who had been severely injured, he was a 25-year veteran of our Wichita Police Force, and a $75 million dollar lawsuit was just settled against Eddy's Chevrolet Cadillac, Brandon Steve Motors. Stated Brandon Steven is also the owner of Eddy's Chevrolet Cadillac and Brandon Steven Motors, an employee of Eddy's Chevrolet Cadillac was frustrated that management would not allow her to report the missing Tahoe as stolen despite multiple calls about the vehicle. Stated evidence was provided in the lawsuit that a member of the Steven family had known the Tahoe was used by the criminal for seven weeks before Officer Arteburn suffered catastrophic injuries in a high-speed chase in February 2017. Stated Rodney Steven was included in the lawsuit and a settlement was recently reached for his family. Stated he can no longer return to the force, his wife is trying to take care of his medical expenses and damages, this is an example of people in the community, the Steven family who knew this vehicle was missing, it was used to transport suspected prostitutes top the Kansas Star Casino and nobody did anything in that family to stop the effect on this police officer's life. Stated Brandon Steven has a criminal record related to gambling and what astounds me is the influence his family has with you all. Stated he currently has a contract with the Wichita Ice Rink Center and as you know there have been complaints about how run down that facility is and nothing has been done about the money, they were supposed to spend to fix it up and is hoping we will have a change in January with the management of this ice rink. Stated he has also made campaign contributions to several of you on City Council which I find so astounding. Stated in a recent City Council campaign in November, I looked at the filings with the committee and both Rodney and Brandon Steven contributed to one of the City Council district campaigns and they were reelected, and I'm stunned that this money is accepted from these criminals, I'm stunned that we do business with these criminals. Stated my suggestion today is there is both sides of the issue with the police contract and I hear both sides, but why are we dealing with individuals who have criminal backgrounds, that have injured our policeman and yet, we do business with them. Stated my suggestion is to not accept their campaign contributions and in the RFP process, don't accept a bid or contract from someone who has a criminal background to run our public facilities. Vice Mayor Johnson stated any assertion that a campaign contribution has any impact or effect on any way that I vote, is utterly ridiculous. Stated I answer to the voters of District 1 and I am speaking because I was reelected so the comment was about me, but that is utterly ridiculous that, that assertion is even being made. Stated anyone who knows me knows I cannot be influenced in any way shape or form, by any dollar amount or contribution. Stated I want it to be on the record that it is ridiculous to make any assertion like that about me and I reject it. Council Member Cerullo stated I agree with the Vice Mayor and would say that it is ridiculous that the speaker continues to go on social media and perpetuate a false narrative about certain candidates, myself included. Stated I don't appreciate that because it is absolutely false, no amount of money could ever buy my vote. Stated my campaign did accept money from the Steven's but I didn't even know until it was pointed out to me.  Page 15 CITY COUNCIL PROCEEDINGS DECEMBER 14, 2021 4) Walt Chappel stated we are very concerned about the contract as it is currently written. Stated you are in a position to be given about nine million dollars to the officers and I'm not sure where that money is coming from, but it wasn't in your budget that you approved in August. Stated I am not sure how we justify it, we had ten million already since 2016, given to the Police Department and now another nine million and we have people on the streets homeless, mental health issues, drug addiction and now can't pay their rent and are on the street. Stated we have a disproportioned amount of money being spent to try to entice officers to stay on the job, thousand-dollar bonus if you just stay around and going to give you another thousand bucks each year. Stated I would really be concerned about that and hope that you are as well; why do we have to pay people to stay employed and help protect and serve our citizens. Stated the real issue for us the Racial Profiling Advisory Board is, I have been working this issue for 23 years and we have tried repeatedly to have more transparency and accountability for our Police Department and even with the new Chief, his efforts have been stymied many times by this contract. Stated the way in which this contract is written in Articles 13 and 14, it makes it almost impossible for the Chief specifically and the command staff to hold some of these officers accountable. Stated many times we have found that they have used a procedure of not even reporting the incident, it doesn't get into the electronic file. Stated Articles 13 and 14 of this contract make it almost impossible for any of us to know in the community who is responsible for this behavior, which is a double standard. Stated there is nothing in Kansas Statute that prohibits that information from being shared and what we have now is a process where this contract we started in March, we have had some meetings and not one suggestion we have made has come forward in this contract. Stated if you are going to approve this contract today, we didn't see it until last Tuesday, we asked to see it in the process like you would with legislation. Stated we have two recommendations for you which are ones we took from the Citizens Review Board, and I shared it with you and handed you a printed copy today. Stated we are asking that you have the City Council amend the FOP contract, send it back for a vote among the members of the FOP, and bring it back to the Council on December 21st and is to do this, law enforcement employment disciplinary records alleging serious misconduct or use of excessive force by a law enforcement officer be considered public record; put it in the contract. Stated the second recommendation is that for grievances and arbitration procedures, those are to be conducted pursuant to Article 14 of the FOP contract or the equivalent to be considered matters of public record. Stated I ask that you amend this contract, take it very seriously, we have a real need in this country for healing. Stated the recommendations that the City Manager brought forward at the meeting we had with the Citizens Review Board were from 2001, 20 years ago. Stated we have cities all over this country that have made major changes in how they provide for public transparency and is a healing process and helps us tremendously. Mayor Whipple stated you are referring to Sections 13 and 14. Walt Chappel stated Article 14 would be the best place for that to happen. Mayor Whipple stated all this section says is that the files will go to the Human Resource Department, where else should they go. Walt Chappel stated yes and the files are redacted when it comes before the Citizens Review Board, you don't even have the person who filed the complaint, they don't ever get to come and speak, it is all one sided. Mayor Whipple stated it is not who maintains the file, it is access to the file. Walt Chappel stated yes, it is access to the file and that would be a freedom of information request. Stated  Page 16 CITY COUNCIL PROCEEDINGS DECEMBER 14, 2021 they have always said in the past that the contract will not allow it, stated that blue wall of silence needs to come down, we need to be open with each other. Council Member Blubaugh stated in both of these recommendations it is as otherwise restricted or prohibited by law and asked legal staff to clarify what is restricted or prohibited by law. Jennifer Magana, City Attorney stated in the Kansas Open Record Act it says that records are presumed open except for certain categories. Stated personnel records is one of those categories, it is not subject to mandatory disclosure. Vice Mayor Johnson stated the speaker mentioned that they didn't get this until last Tuesday; asked the City Manager if he did not send an email prior to last Tuesday and then follow up on that, were any of their recommendations added into the contract. Bob Layton, City Manager stated that is true, I sent an email out in advance of this being posted a week ago Friday, and the Council report referenced their recommendation that this be held for two meetings so that the public would have an opportunity to see the contract in advance, that was one of their recommendations. Stated there is a long list of recommendations that I have received from the Racial Profiling group, we have addressed many of those, when it comes to this contract the issues of dispute, we had are primarily around what is in front of you today. Stated it was in different language, they have taken what was the discussion piece by the Citizen Review Board and brought it forward to be included in the contract, which was never the intention of this Citizen Review Board. Stated at one point they suggested that all the disciplinary issues in the contract be taken out, so Articles 13 and 14, would be removed from the contract, which was not practical and I have said from the very beginning that there is a due process that is established here that frankly goes to a greater degree than any other contract that we have and greater than any other employee group that we have. Stated I have never felt hand-strung by that process or felt that it gave undue influence on FOP as the representative of our employees. Stated our employees are entitled to due process just as the City is entitled to protect management rights and make sure that both sides are well represented in the process. Stated Mr. Chapman is correct in that we had a disagreement on this where I would challenge him because I made it clear in multiple meetings that I wasn't behind this issue, I did not support it and instead I wanted to work with the Citizen Review Board, which is the duly designated group to work on transparency and accountability in our Police Department. Stated we have had some very good discussions and some of the issues we talked about is providing more information to the board regarding past actions with an officer so any time they consider a case the first thing that we will let them know is what the past experience has been, if there is an excessive use of force, an allegation has been made, we will indicate to that board whether or not there have been previous allegations of that nature. Stated it is the same with other issues that would be in front of them. Stated they would like to be able to go public with their findings in some cases and that would require an ordinance change and the Council would weigh in on that. Stated I believe the Citizen Review Board is very serious about this issue and about making sure that they are the citizen's voice as we review the actions of the Police Department and in all of my discussions with the board and the FOP, I have not heard any objection to that layer of accountability in moving forward. Stated I disagree with the way this is presented to you; it is not the way it was intended but the intention is still to allow for more citizen accountability or the demand for accountability in terms of what we do as a City and with our Police Department. Mayor Whipple stated the other section in question is section 14, due process hearing will be allowed for major discipline of four or more days, this is a voluntary hearing that the employee may or may not attend without further discipline. Employee is allowed to state mitigating facts to Chief of Police or designee on  Page 17 CITY COUNCIL PROCEEDINGS DECEMBER 14, 2021 why should discipline should not be imposed. Hearings will be recorded and placed into the official record. Stated section 14 is just saying that if you are accused of something wrong, you have an opportunity to present facts that could clear you from disciplinary action and asked the City Manager to describe to people that might not know how that process works; what is that process. Bob Layton, City Manager stated this is a due process hearing it is not a grievance hearing, which if it reaches a certain point has a panel that serves and there is a process for selecting members for that panel. Stated this is one where the employee is entitled to appear in front of the appropriate supervisor along with representation for that employee if they choose to have representation and they are then entitled to make their case regarding allegations that have been leveled against them regarding some type of inappropriate activity. Stated it is after that hearing and the evidence is presented in that hearing that then the Chief will make the decision on the disciplinary action. 5) Hans Asmussen stated he is the current FOP vice president and gave a brief history on the relationship between the FOP and the City. Stated if the Council were to make some kind of amendment to the agreement that is before you, it is not a simple process, it doesn't go straight back to the FOP for a vote. Stated it opens up negotiations again and we have to commence negotiations and it is either to another tentative agreement or it goes to an impasse, which has other mechanisms that are needed. Stated it is not a simple process and our belief is that you should trust on your negotiations team that they worked with us to craft this tentative agreement that is before you and we ask that you vote in favor of it. Council Member Cerullo stated I respect the concerns of our review board and our citizens who have brought up very legitimate concerns. Stated do you believe any part of this contract upholds a veil of secrecy or protects bad cops. Hans Asmussen FOP vice president stated no I do not because if the department was covering up for bad cops, then why would the FOP really need to exist as a representative for disciplinary actions. Stated the department is very straightforward and shows the data of the investigations, the complaints that are lodged and when you look at that data, the bulk of complaints that the Professional Standards of Bureau investigates, come internally, so it is either through supervisors seeing something and lodging a complaint or its from fellow officers, the peers of someone seeing something and then telling a supervisor to lodge a complaint. Stated the contract does not limit discipline to be handed out when it is appropriate, all it is making sure that the discipline is for just cause. Vice Mayor Johnson asked Mr. Asmussen if he has seen the sheet with the recommendations from the Racial Profiling Board. Hans Asmussen, FOP vice president stated I have probably seen an iteration of some of that in the past. Vice Mayor Johnson asked if he agrees with those recommendations. Hans Asmussen, FOP vice president stated I don't have the sheet in front of me and would have to see what is on it right now. Stated we have met with that board on two occasions to go over what their concerns are and in one instance some representatives from the NAACP were also there, so I have seen several of their issues that they have. Stated they were lengthy meetings and friendly meetings; they explained their concerns and we explained the reasons why certain contract revisions are in there. Vice Mayor Johnson stated these two things we are really looking at, transparency and wants to know your thoughts on if it is something that you felt was good or not.  Page 18 CITY COUNCIL PROCEEDINGS DECEMBER 14, 2021 Hans Asmussen, FOP vice president stated I do not agree that the personnel records should be considered as public record. Stated they are confidential by their nature and in the state of Kansas they are confidential, and the FOP is not in favor of creating second class employees by having our members have their personnel records go open to the public when other personnel working for the City, theirs is not. Stated about transparency is kind of a nebulous term, what is transparency and if I ask someone what it is, a lot of people are going to give different answers. Stated if you have allegations of serious conduct, again, what does that mean; use of excessive force, if force is truly excessive then it is going to be looked at criminally. Stated it was one of our suggestions to have criminal investigations of our employees done by an outside law enforcement agency for transparency. Stated if charges are filed, that is all an open record, when a person is charged it is an open record, if they are a suspect, it is not an open record. Stated arbitration proceedings is something we would be willing to look at with certain protections that would be there. Stated what is it that we are trying to be for transparency, are we reviewing an individual person or are we reviewing actions. Stated if it is just actions that we are trying to review, then we can redact out names that are in there and this is how we do it right now. Stated part of the arbitration has to do where the FOP is saying there has been despair of treatment to the employee that is grieving, we have to bring in the files of other discipline that has been handed but we redact out the names of those employees because we don't need the names of the employees, what we need to see is the actions that were taken and the actions that the department is doing, are they disparate, so to us it falls along in the same lines. Stated if we are going to ever get to a point where we are going to have arbitration, the rulings made by the grievance hearing board for those to be open, more than likely we would have an ask in there to redact out names because there are going to be some people's names that could by testimony be said as part of it that aren't part of the actual process itself but they are brought into it. Vice Mayor Johnson stated when you mentioned the collaborative process, two groups that you didn't mention although you visited was the NAACP and the Racial Profiling Board, so they weren't collaborating with you on the creation of this contract and wonders if you understand that folks feel left out in that process because if you complain about an officer today, per policy right now is that you will never know if there is discipline handed to that officer internally and even we don't always know. Stated many in the community want to know if they were heard and if something happened and it seems that the perception is that these two items don't allow that to happen and that was the concern last year. Hans Asmussen, FOP vice president stated when a citizen files a complaint against a law enforcement officer, our understanding is that at the conclusion of that investigation and I don't know if it happens before the discipline is issued to the officer or if it is after, but no matter what the outcome there used to be four findings of an investigation and now the department has broaden that to explain some more things that happened in-between the lines on them but notice goes out to the complainant letting them know what was the finding. Stated if the finding is sustained, which is where the employee is disciplined, the other three is they are not being disciplined. Stated I don't know if it shows on their code levels which goes to a discipline matrix. (Council Member Cerullo momentarily left the bench) Vice Mayor Johnson stated the Racial Profiling Board has consistently said that none of the filings have been sustained and it is never on the officer. Stated if it is not sustained and a citizen continues to have these claims and they are not sustained, citizens can never hear about it because the files are closed. Hans Asmussen, FOP vice president stated you are specifically talking about a complaint of racial profiling.  Page 19 CITY COUNCIL PROCEEDINGS DECEMBER 14, 2021 Vice Mayor Johnson stated part of that is there was also a policy of just writing a ticket so things would not be sustained because it was a warranted ticket and that was the defense that was used. Stated I know that has changed and we have seen the numbers go down but that was what was happening before so if an officer continued to have these allegations of racial profiling, but were actually writing tickets, it was justified and the community would never know that, that officer was continuing to pull over people of color. Hans Asmussen, FOP vice president stated right because the officer is never sustained for any violation. Vice Mayor Johnson stated because they wrote a ticket and the groups are saying they just want to know the history of that with a specific officer if that excessive force happened or racial profiling happened, if there were 13 allegations against this officer, and each one you could find a trend, then you begin to wonder why those small things and why this certain group of people but you can't get that history presumably because of this policy. Hans Asmussen, FOP vice president stated I understand their concerns but I will counter with the number of allegations being made against someone does not go towards the truth of whether that is really happening. Stated statistically it is not good to be using that, but I understand the feeling that someone feels they are being targeted but we have to understand there is a difference between what is really happening and what is felt because we are human. (Council Member Blubaugh momentarily left the bench) Bob Layton, City Manager stated a lot of work has occurred in the last year regarding some of the issues you bring up. Stated the Racial Profiling Advisory Board had the same concern regarding communications with residents after their complaint was reviewed. Stated they have suggested language for the multiple levels of notifications that we provide to residents, the department has adopted that language and in the future those letters will reflect the recommendations of the advisory board so that is one reform. Stated I have talked to the Citizen Review Board in our most recent meeting is if you get a letter and the complaint is not sustained, you have the right to submit a complaint to the Citizen Review Board and ask for that matter to be reviewed by the board. Stated that has probably not been publicized enough and is something we are going to work on. Stated the third item is when they do review a case based on a complaint or if they pull one off, they think is important enough where they want to hear from the resident, they will notify the residents involved so now the Citizen Review Board will hear from that person before they make any kind of determination. Stated you will have the police report and what has been done by the Professional Standards Board, the Chief's resolution of the case but now you will hear from the resident before they weigh in. Stated because of this concern about transparency, they would like Council to consider an ordinance change that would allow for them to make a public record of what they find, so cases can come to them from residents, they can pull cases themselves or the Chief can present cases. Stated the idea is to try and get as many touch points and to especially get those residents to be able to have independent eyes on cases. Stated the only other thing I hesitate to bring up because we have not had any kind of robust discussion about this but there has been some discussion about how does somebody get on the Citizen Review Board and thinks when we bring the ordinance to you for reporting, the Council may want to have a discussion about is there a voice for the Council in the selection of people on the Citizen Review Board. Vice Mayor Johnson stated since the ask is that we amend today, what is the timeline on those two ordinances that you mentioned.  Page 20 CITY COUNCIL PROCEEDINGS DECEMBER 14, 2021 Bob Layton, City Manager stated 60-90 days out, I'll meet again with the board probably in January, they will try to finalize their expectations. Stated what I asked them towards the end of the last meeting is what is standing in your way from accomplishing the kind of work that you want, and they are serious about what they are doing and want to have a meaningful role in all of this. Mayor Whipple stated we are talking about policy which is separate from a contract and wants to keep us focused, an employment contract is not all encompassing of policing policy. Stated we have had more reform in the last two years than in the last five years because of the input of the community. Stated as we move forward with those ordinances, I think we can have a discussion hopefully in the beginning of the year about how to add folks from the policy side rather that is an appointment to the board or to maybe create a sub-committee with members of our Diversity Board as well. Stated I think there is a lot of opportunity there but wants to refocus the conversation on the employment contract today and not on overarching policing policy, which is something we can continue to work towards beyond today. Vice Mayor Johnson asked staff if there is anything in this contract that would stop any of the work that we have discussed today from going forward. Chris Bezruki, Director of Human Resources stated what Hans indicated earlier that they would like to redact the names of any of our reports so there would be a policy change releasing reports. Stated when we do release or are forced to release, we usually redact the names so I can see that continuing to be a discussion point but the actions themselves in releasing those and being as transparent as we can, that is a policy decision. MOTION: Mayor Whipple moved to approve the proposed 2022-2024 Memorandum of Agreement between the Fraternal Order of Police Lodge 5 and the City of Wichita. Motion carried 7 to 0. COUNCIL BUSINESS SUBMITTED BY CITY AUTHORITIES PLANNING AGENDA VII) NON-CONSENT PLANNING AGENDA 1.) PUD2021-00018 – CITY ZONE CHANGE FROM TF-3 TWO-FAMILY RESIDENTIAL, LC LIMITED COMMERCIAL, AND GO GENERAL OFFICE TO PLANNED UNIT DEVELOPMENT #92 (HAPPINESS PLAZA); GENERALLY LOCATED SOUTH OF EAST DOUGLAS AVENUE AT THE NORTHWEST CORNER OF EAST OAKLAND AVENUE AND SOUTH CLIFTON AVENUE, 123, 125 SOUTH CLIFTON AVENUE AND 3344 EAST OAKLAND AVENUE. (DISTRICT I) Attachment: Agenda Report No. VII-1.doc Attachment: Supporting Documents Maps and Photos.docx Attachment: MAPC Minutes Excerpt.docx Attachment: DAB I Memo.docx Attachment: Ordinance 51-666  Page 21 CITY COUNCIL PROCEEDINGS DECEMBER 14, 2021 (Council Member Claycomb momentarily left the bench) Scott Wadle, Planning Director, presented the item. (Mayor Whipple left the bench, Vice Mayor Johnson in the chair) Jeff Wolfe and Steve Hernandez presented the College Hill Parking Study. Vice Mayor Johnson stated if for instance two new businesses come on line in this space or a different a different time of the year, do we think they would reach capacity in parking and need more, or would this still sufficiently handle it. Steve Hernandez stated that is a valid question and certainly something the Council has to consider. Stated as you saw in the data, there are certainly periods of the day that they are at capacity with their parking spaces and if you are adding additional businesses that have an increase in demand, they might get to a point where they need additional parking. Stated the reason we went back and looked at how many public available parking spaces are available to that area and when we did the counts and saw that there are 115 parking spaces in that green zone, there are a lot of available public parking spaces there and thinks the owners have element of control of 56 spaces between Frost and Happiness Plaza, which was 48% of that 115 parking spaces in that green zone. Council Member Blubaugh asked if this is the first time, we ever used the Car Park, LLC for a zoning case. Scott Wadle, Planning Director stated yes this is the first time we have used them for a zoning case; however, we do use them to do the counts for our system that they manage as well as additional lots, so they are familiar with doing parking counts. Vice Mayor Johnson stated this item has received a lot of discussion amongst all stakeholders involved. Stated given the information that we received, and discussions had, will make the following motion. MOTION: Vice Mayor Johnson moved to deny the applications for the reasons stated in the MAPD's staff report and specifically because I believe the parking lot at its proposed location is not in character with the neighborhood; a potential risk to public safety because I believe the proposed ingress/egress from the lot onto east Oakland creates a potential traffic issue; based upon the communication I have received, it is opposed by a majority of the neighbors; and inconsistent with the recommendation of the City's professional planning staff. Motion carried 6 to 1 (Nay: Frye). HOUSING AGENDA VIII) NON-CONSENT HOUSING AGENDA - NONE AIRPORT AGENDA  Page 22 CITY COUNCIL PROCEEDINGS DECEMBER 14, 2021 IX) NON-CONSENT AIRPORT AGENDA 1.) AIRPORT HOTEL, LLC CONCESSION AND LEASE AGREEMENT - WICHITA DWIGHT D. EISENHOWER NATIONAL AIRPORT. Attachment: Agenda Report No. IX-1.docx Attachment: Exhibit A.pdf Attachment: Select Service Hotel Agreement.pdf Brad Christopher, Department of Airports, presented the item. Mayor Whipple asked if anyone from the audience wished to speak. 1) Harvey Sorenson stated he is here on behalf of the applicant he is here on behalf of the applicant, we have worked diligently over the last several months to address the concerns that were originally raised by the Council and I think we adequately addressed those for staff. Council Member Frye stated I appreciate you being here and meeting with me on some of the concerns that I had when this project first came to us and I'm pleased that we have been able to work out those details and we have a better project not only for the Airport Authority but for the City of Wichita. Council Member Blubaugh stated I met with Mr. Sorenson as well and I appreciate his work on this. MOTION: Council Member Blubaugh moved to approve the agreement and authorize the necessary signatures. Motion carried 7 to 0. COUNCIL AGENDA X) COUNCIL MEMBER AGENDA - NONE XI) COUNCIL MEMBER APPOINTMENTS AND COMMENTS 1.) Board Appointments. Mayor Whipple reappointed Alex Dean to the Sedgwick County Waste Management Committee. Council Member Tuttle appointed Jennifer McDonald to DAB II and Tammie Rhea to the Sustainability Integration Board. MOTION: Mayor Whipple moved to approve the appointments. Motion carried 7 to 0.  Page 23 CITY COUNCIL PROCEEDINGS DECEMBER 14, 2021 Council Member Frye stated yesterday the Kansas Health Science Center was granted reaccreditation status and can now start accepting applications for students beginning August 2022 and thinks that is a tremendous win for what is a catalyst project in our core and wants to congratulate the entire team. Mayor Whipple stated they are on schedule and Wichita is now on schedule to hosting the only Medical DO School in the state, which is a huge plus for us and congratulated their team. Council Member Tuttle stated we have all been watching the tragedy that happened in Kentucky and Arkansas over the last few days and our thoughts and prayers are with them and makes me think of our own police and fire department and how thankful we are that they are so well qualified and trained so that if we ever have a response such as that, that we will have to address it immediately. Stated I wasn't able to attend yesterday's Battle of the Badges and the need for blood especially during the holidays and if you have the opportunity during this time, the best gift that you could ever give anyone is the lifesaving gift of blood. Vice Mayor Johnson thanked our Parks team for Saturday’s tree lighting, which was a great event. Mayor Whipple stated the blood donation drive is going on until January 2nd and when you donate you can vote for either our firefighters or our police officers, which is the Battle of the Badges. Stated I am in a competition with the radio station 104.5 the Fox we are asking folks to make a donation to the Kansas Food Bank to ensure that everyone has enough to eat especially during the holidays. Stated when making a donation you can vote for myself or Phil at the Fox and he will be auctioning off an autographed Wichita-poly, which is a Wichita version of monopoly that he had me sign. Stated he called me this morning and wants me to auction off a coffee with the Mayor, so we have these two fundraisers going on, one for the Kansas Food Bank and the other is for a blood drive. Adjournment MOTION: Mayor Whipple moved to adjourn. Motion carried 7 to 0. The meeting was adjourned at 12:39 p.m. Respectfully submitted, Karen Sublett, MMC City Clerk  Page 24 CITY COUNCIL PROCEEDINGS DECEMBER 14, 2021 ATTACHMENT 1 - CONSENT AGENDA ITEMS 1 THROUGH 15 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 Dec 14, 2021.docx 2) Preliminary Estimates: a.) Preliminary Estimates. Attachment: PEs for CC 12-14-21.pdf b.) Preliminary Estimate for Paving Improvements to Serve Kimberly Addition. Attachment: Kimberly Addition Cover Sheet.doc Attachment: Kimberly Addition PE Template NTBA.doc c.) Preliminary Estimates for Sewer Improvements to Serve Heritage at Auburn Hills Addition. Attachment: Heritage at Auburn Hills SS PE Template NTBA.doc Attachment: Heritage at Auburn Hills SS Addition Cover Sheet.doc d.) Preliminary Estimate for Drainage Improvements to Serve Heritage at Auburn Hills Addition. Attachment: Heritage at Auburn Hills SWS PE Template NTBA.doc Attachment: Heritage at Auburn Hills SWS Addition Cover Sheet.doc e.) Preliminary Estimate for Water Improvements to Serve Heritage at Auburn Hills Addition. Attachment: Heritage at Auburn Hills WDS PE Template NTBA.doc Attachment: Heritage at Auburn Hills WDS Addition Cover Sheet.doc 3) Agreements/Contracts: a.) Aquifer Storage Recovery 2020 Accounting Model and Annual Report. Attachment: Agenda Report No. II-3a.docx Attachment: 2020 ASR Accounting Contract with Exhibits.pdf b.) Memorandum of Understanding for Little Arkansas River Watershed Protection Plan 2021.  Page 25 CITY COUNCIL PROCEEDINGS DECEMBER 14, 2021 Attachment: Agenda Report No. II-3b.docx Attachment: Little Ark Watershed MOU Contract 2021 4) Design Services Agreements: a.) Design Services Agreement for Angel Fire 2nd Addition. (District VI) Attachment: Agenda Report No. II-4a.docx Attachment: Agreement AngelFireAddns.pdf b.) Design Services Agreement for Cornejo Industrial District. (District VI) Attachment: Agenda Report No. II-4b.docx Attachment: Agreement CornejoIndustrialDistrict.pdf c.) Design Services Agreement for Sawmill Creek Addition. (District II) Attachment: Agenda Report No. II-4c.docx Attachment: Agreement SawmillCreekAddn.pdf 5) Minutes of Advisory Boards/Commissions: Wichita Animal Services Advisory Board, September 15, 2021 MABCD Board of Appeals, November 4, 2021 Attachment: Wichita Animal Services Advisory Board September 15, 2021.pdf Attachment: MABCD Board of Appeals, November 4, 2021 UNCATEGORIZED ITEMS: 6.) Assistance to Firefighters Grant Program. Attachment: Agenda Report No. II-6.docx Attachment: FY 2021 AFG NOFO.pdf 7.) Over Estimate Bids for Improvements to Serve Aquatic Master Plan Phase 3- College Hill Swimming Pool, Harrison and Planeview Water Playgrounds. (Districts I, II and III) Attachment: Agenda Report No. II-7.doc Attachment: Park Bid Tabulation Summary AMP Ph 3 College Hill.pdf Attachment: Park Bid Tabulation Summary AMP Ph 3 Harrison and Planview.pdf  Page 26 CITY COUNCIL PROCEEDINGS DECEMBER 14, 2021 8.) Relocation of Sanitary Sewer Line Under Interstate 135 and Change Order Limit Adjustment. (District III) Attachment: Agenda Report No. II-8.doc Attachment: Change Order Limit Resolution 21-466 Attachment: Resolution 21- 467 Attachment: NOI 21-467 9.) First Reading of the Bond Ordinance to Issue Industrial Revenue Bonds, NetApp, Inc./Partnership 4, LLC. (District I) Attachment: Agenda Report No. II-9.docx Attachment: Ordinance 51-688 10.) First Reading of the Bond Ordinance to Issue Industrial Revenue Bonds, Webb Industrial, LLC. (District II) Attachment: Agenda Report No. II-10.doc Attachment: Ordinance 51-689 11.) Second Amendment to Community Housing Development Organization Funding Agreement with Mennonite Housing Rehabilitation Services, Inc. (District I) Attachment: Agenda Report No. II-11.doc Attachment: Second Amendment to 2019 CSA Funding Agreement, 12-14-2021.docx 12.) Amendment to Housing Development Loan Program Funding Agreement with Residential Housing Solutions, LLC. (District I) Attachment: Agenda Report No. II-12.doc Attachment: First Amendment to RHS 2020 HDLP I 1806 to 1818.doc 13.) Avail Technologies Hardware and Software Upgrade Resolution Authorizing Section 5339 Urbanized Area Formula Annual Grant from the Federal Transit Administration. Attachment: Agenda Report No. II-13.doc Attachment: Resolution 21-468 Attachment: 2021 - Wichita ITS Enhancements Quote R1.pdf  Page 27 CITY COUNCIL PROCEEDINGS DECEMBER 14, 2021 14) Second Reading Ordinances: Second Reading Ordinances (First read December 7, 2021) Attachment: Revised List_of_Second_Reading_Ordinances_12-14-2021 (1).docx II) CONSENT PLANNING AGENDA ITEMS - NONE II) CONSENT HOUSING AGENDA ITEMS - NONE II) CONSENT AIRPORT AGENDA ITEMS 15.) 2020 Street Side Paving and Asphalt Project, Dwight D. Eisenhower National Airport and Colonel James Jabara Airport. Attachment: Agenda Report No. II-15.docx Attachment: CED SA1 Street Side Paving 2020.pdf