that email to our attorney, the law  department. If that was a conflict,   I would expect law to tell me that five minutes  is a must rather than to provide everyone the   opportunity to speak for three minutes so that  everyone has the opportunity to speak and have the   opportunity to not be there for multiple hours.  I would think that law should have advised me. You may or may not have seen that. I'm sorry. I  didn't see that until the meeting. I apologize. Aside from the timing which we've got clarity on  I think um but just the overall approach is that   still it is a listen opportunity for council  staff and then if the mayor senses that hey   there's some follow whatever she can ask staff ask  me to have staff do the followup with that item   or that person. So that way you're not going back  20 minutes with one individual on their specifics   of their item. So I just as we go forward, my  understanding with public comment was receive   the comments all in bulk on the very beginning  you have five speakers or whatever it may be.   Then when you come to your agenda items and still  receive the speakers, then you move on and then   you have your own discussion for the D. So just  seeing if that's what everyone else is operating   under. You seem to be focused on me here. No,  because you were here in front of me. You're in   front of me. Yeah. Um I I agree. I I think shaping  it up. Um it's just kind of difficult sometimes   when they call you out straight personally,  not to click on the button and respond. Or or   if I can add on to that, counselor, like when  the three high school students came to talk to   us about their health initiative, it would have  been I think against most of our nature not to   praise them, to thank them. So, I mean, it seems  like there are times where making a comment does   make sense, right? I I don't know. That's just my  opinion. For me, I'll hop in real fast. Sorry. It   would be helpful, I think, if either the  mayor or after somebody finishes public   comment if they get seated. I think we can make  comments, but when they stand before the bench,   it's the idea that we're talking back and forth  to them. It would be better if we say, "Hey,   after your comments, please be seated." And  then, you know, we can offer further remarks.   said or as questioning back and forth where they  stand up there and there's likely human nature   to want to reply to that. That makes sense. I  like that. I I agree with that. That's not the   place for a back and forth conversation. I think  we can ask you to look into it and to get back   with them. And I just think that it gets pretty  wonky. There's back and forth conversation there.   I appreciate that. Well, thank you. I just want  to talk through make sure I understand as we're   approaching other meetings and so we'll look on  the 20th. Manager, if I may, I I just I appreciate   the conversation happening. I just think it's  important for us to ensure that the conversations   I don't want it to feel transactional like  they're here, you can come and speak, but it's   kind of like a check the box moment rather than  actually a lot of people took off work or making   time out of their day to come. I know that I had a  constituent from district literally learned about   the special meeting last me uh minute and wanted  to come to comment in public forum and I hate for   people to make those sacrifices and then get there  and not be able to receive answers. Um so I I just   hope that we continue to figure out what that  process looks like. Um because democracy in my   opinion is one in which people should feel that  they can get answers when they come and speak to   their representatives. So um for what it's worth  I I don't mind people taking the time to engage.   And I also don't think it's always appropriate  to put the work give the work back to the city   manager. I know we do that a lot where we want  the manager to look into things. I've certainly   done that already, but I think sometimes we have  answers that we can provide to our constituents   too and we should. That's the city manager's job  is to do that. U I got criticized for not wanting   10 to 12 hour meetings in the paper and I'll stand  by that. I nobody you cannot maintain a level of   concentration over 10hour meeting just can't do  it and no no citizen wants to come and sit for   10 hours I mean they don't want to do that you  know we get a 15minute lunch break God bless us   but they don't so I think we have to be aware of  people's time and I think we have to be aware of   our staff's time you know staff has to sit there  for 10 hours you know, and I just don't I don't   think that's right that we that we meet that long.  There's a balance between yes, engaging community   and a lotment of time and resources. So, I just  want to say thank you, Council Member Johnson,   that perspective is helpful for me and uh thanks  for challenging me. I appreciate that. I'll also   say every single one of us will take a meeting  with anybody. All of our emails available. I will   take any I think oneonone conversations how you  change people and how people change us and that's   how I'm convinced have oneonone conversations  back and forth with the bench often creates this   disparity of power in front of them on a bench  over looking down at people and so as much as we   can have oneonone conversations call out hey give  your opinion let's circle back let's do a oneonone   meeting and talk in depth about your concerns  we're not standing taller than you on a bench. Great. Thank you. And actually, I think I I take  my perspective more from is it just because you   did take the time, which is good to show up,  that you then get the full attention of council   for 20 minutes where I may have just emailed in  a comment or I tried to engage at a dab meeting   or whatever. So, is that person who showed up?  It was supposed to be just a public comment.   getting undo influence or more attention or  whatever. That's more my concern about everyone   is treated equal. You come in, you state your  comment, you all receive it as you do and then you   can bring it back up later on or whatever during  your comments on agenda item. I think it is more   about I think we've given more more attention just  because you have been. But I think to your point   about people want to come but they're saying oh if  I have to wait four hours because I can't do that   with family or whatever. So, I think it does keep  the process moving. So, um looking at the anything   else, looking at the 20th agenda, got a couple  items there for you. Got several upon consent.   We'll come back to those. Let's go through the  um have public approvement positions. You'll see   that. Um we'll do the new council business. We do  have the expansion of the consumption of alcohol   liquor in the Deleno area. So, that is just an  expansion of the boundaries and the days. Um   what that is. And then you'll see we do have  information on there from the state legislative   agenda. We did come back to you to go through the  legislative agenda. We want to get that finalized   as we go to our legislative day on the 28th. And  then um on item number three, we have the owner   site representative phase three contract. We are  amending this. This does extend the cost and time   frame for this. Yes, the cost will be recovered  as part of the overall cost recovery. Um,   I would like to take the opportunity. I did  see the unfortunate article in the Eagle and I   say unfortunate, I usually don't criticize the  media, but the context was not there and even   the headline of equating late fees to what the  contract language is about liquidated damages,   substantial completion really just confused the  issue. We will have a executive session scheduled   on the 10th of February to give you another update  on the plant and to highlight we are going to   recover all the costs that are owed because of  this delay. And so we are focused on that and   we have other contract language that was part of  the change order discussion that we'll highlight.   But given some of the issues with this, it's best  to have that information shared again in executive   session so it's not misconstrued in the public  as presented. I want this in public. So, um,   first and foremost, I'm very, very disappointed  and not only finding out information as I'm   driving up to Topeka from the Eagle asking  me about a water treatment contract that was   passed in September of 2024, which means all of  us on this c Council member Shepard regarding a   contract that was revised that did not put the  portion about liquidated damages in the one that   we approved that was not highlighted to us. I  have the agenda report from September 17, 2024.   I looked at the presentation that was presented  at that meeting. Nowhere does it say that the   contract was going to change. So, I'd like to  know who was responsible for taking the contract   portion language out uh that said liquidated  damages would not would be taken out of that   new contract and we'll present that for you. I'd  like to know who who took that out of the contract   and we'll I'll find that information out for you.  I believe that it's important that we know who,   which department, and which individual took it  out and not let the council know that specifically   something was missing in the contract that was  different from contracts previous to September   of 2024. And I think we'll we'll revisit that so  you have a clear understanding of how that kind   of transpired with that contract amendment with  number four. I think it's obvious from just the   beginning of this agenda review that this council  are not full of lawyers. We are not a council full   of experts in public works. However, we rely on  the expertise of those in specific departments   who have that expertise to advise the council.  Just like I asked, is it five minutes if that   is truly the ordinance? And if the mayor said, "I  would like three minutes so that everyone can have   the opportunity to speak." I would expect that  legal would then chime in and say, "Madame mayor,   that is actually in ordinance that it must be five  minutes." So if I'm not being advised by legal,   how am I supposed to expect something like this  where I have actual legal advice and the council   has real legal advice? I am very disappointed  that it requires an a Witchita Eagle article   for us to even know that a contract is completely  different or something was omitted. I believe that   again someone needs to tell me who exactly took  it out, which department took it out and then   which department didn't let this council know  because what I recall from that conversation,   especially in executive session, we talked about  warranties. A majority of our conversation,   I still remember council member JB Johnston  being very upset about warranties and when   they would actually kick in. We had an entire  conversation about warranties. However, we didn't   have a conversation about taking out possibly  $5 million off the table. They must advise the   council that executive session is a confidential  communication. It's attorney client privileged. So, we will address this and will address your  questions and issues in between mayor. But I did   make sure that you did see this was an agenda item  that is related to the waterworks project and it   does have some additional contract amendments  to it. So that's on the agenda. City Manager,   I am still going to beg to talk about this topic  right now because I don't believe it's right for   this council to be thrown under the bus when  we were not advised or we were not pointed out   that what we were going to be signing was going  to be taking away something off the table. So,   I don't believe that my colleagues are to blame  for this. Therefore, I do expect someone to tell   me who is to blame for that and who did not advise  us because that's not fair to this council. It's   not fair to each of these individuals who does  work hard and does read their packets and does   question. So, that's not fair to any one of these  individuals who do want to make sure that we are   working to make sure that taxpayers are actually  being protected. I believe this council does do   that. Mayor, mayor, go ahead. I I just want  to say le let's I I get it. I agree. Let's   let the city manager investigate it and then we  can take action from there. And if and if I can   just because it's a followup to this, we're  all making assumptions and and with all due   respect to my friends at the Witchaw Eagle,  there's always two sides to every story. So   I would like we saw the Eagles article.  I'd like to have the staff, city manager,   director of public works be able to to respond  before we make assumptions. Just my thought. I would certainly like to say staff and it  is a collaboration. There is public works   as you know involved certainly legal involved.  There's no attempt to mislead as we talked about   that contract amendment as I understand it not  being there from what was presented. There's a   whole lot of changes and different things that  were in there and even to what was a warranty.   warranties are still in effect and different  things and so I'll be glad to get you some more   information. That's why we have it scheduled for  an update for you at the uh 10th meeting. We'll   talk beforehand. One last point of clarification.  I believe that this council again works on behalf   of the citizens of Witchah and I think a lot of  folks don't understand that we as electeds are   responsible to the taxpayers and have to answer  to their concerns. And the only one that can   answer us as a council is the city manager.  And this was prior to you, uh, city manager   Marstall. But the buck actually stops at your  office. While it may stop with us with a vote,   it also stops at your office where you hold each  of the 16 departments accountable. So again,   I'm asking, this community is asking how did  something like that not get bring brought up to   this council for us to actually say yes we want  to remove that from the contract or no we don't   want to remove that from the contract I'd like  to know who took it out who was the person who   was the individual and in which department that  occurred and I'll get that information thank you   looking at the 20th agenda so you did see those  are the three business items anything questions   you all have for the three business items. The um  I do want to call your attention to the consent   agenda items where you see there are several  tax exempt authorizations for second five-year   um renewals on many of these. We do highlight  in the background information, the job creation   that's associated with those and how they've  satisfied different parts of the um agreements and   then what some of the abatement percentages are.  They're all spelled out for you. So, I just want   to draw your attention to those. Any questions or  anything you need for the January 20th meeting? All right. And then um we do have a draft agenda  there for the 27th, but that there are a few   um uh consent agenda items as tradition. And then  the only um business item will be the sales tax   information. And so that will be talking about  each of the different five buckets, how we see   the administration of the receipt of funds coming  in, distributing and then also talking about guard   rails um within each of the five buckets. So  that will be the full dedication and it will be   a regular meeting no longer a workshop. question.  Will will we have a proposed use of those buckets   and timelines going into that meeting that we can  adjust or will we start from scratch and develop   those during the meeting? Uh you will have some  framework with some timelines and you can adjust   during the meeting but you will have to put those  together. Uh we are working with our finance team   and the different folks such as our housing who's  working on the housing issues but also hearing   from our community partners who's working on the  convention center the performing arts center and   even Ford will have some information to share.  Okay. I I just my opinion I think council members   should have input on that during that same  process. So during the next week week or two   yes week we should have input on that whether  it's present us and we give suggestions of it   right away, however that looks, but I think we  should have input on that before it goes uh to the   bench. I appreciate that. And our so our intent  is to try to get you out some information next   Thursday so to have some information in advance so  we can have it finalized before the meeting. Okay.   Thank you. So that is the 27th agenda is  dedicated to the sales tax information.   Make sure we have clarity um from you where  council does see this being administered. And   that's what we have. Madam Mayor, thank  you. City Manager Jim Jonas are lobby. Mr. Swatty, can you give us an  update from Topeka? Miss Swatty. Thank you, Madam Mayor. Good  morning, council members. I   appreciate the opportunity to be with you  this morning. Just we'll have a real quick I'm sorry. Can Can we make her microphone  louder or anyway? It's very hard to hear. Sorry about that. Okay, so my name is And just a  couple of updates from what's happening in first   of all as reported this morning the sales tax  issue piece of legislation was introduced by   Representative Hoisel. That's a bill that we've  been working very closely with him on and that   would allow for sales tax out the larger tax issue  that were in March and We have a complication   with that because that would run a foul of the  multi-state conglomerate foods or streamline   sales tax initiative. So that's a not only is  it a legislative issue that we have to work on,   but it's also streamlined sales tax compact that  24 states are involved in Kansas is one of them.   So that's a kind of a multi issue we're working  through and we will continue to push that along.   Uh Gary Jansen did an outstanding job yesterday  before the House Water Committee presenting to   the committee information on water reuse and  why investigating water, how important it is   for the community and we have introduced a piece  of legislation as well to allow ADH to provide   to go through the process making process of  making rules and regulations to implement   And so we anticipate having a hearing on  that bill either next Thursday, January 22nd,   or the following Tuesday in the House Water  Committee. But I did have the chance to speak   with the chairman again last evening. He said  it was very well received committee members.   And I do believe that we'll look forward to taking  that presentation several other committees as we   work to pursue that bill through the legislative  process. Another issue that's a issue for the city   of and all cities across the state was a potential  change to how infrastructure specifically cable   infrastructure was going to be paid for if there  was ever an instance or when there is an instance   of a relocation. So sometimes there's a relocation  cable infrastructure that needs to occur due to   private development. Sometimes it's too roading  or beautifification. So the cable industry   legislative session came up with a piece of  legislation that said that cities would pay   for all of that and that largely cable providers  would not be on the hooks for those costs. We've   been working very closely with the broadband cable  providers to not have that piece of legislation   be so detrimental to cities. And we believe  that we've come up with a very very workable   solution that allow for infrastructure to  be replaced but not as cities not. And so   we look forward to that particular piece of  legislation being officially introduced this   coming Tuesday in the House Energy and Utilities  Committee. Uh then last two other brief issues.   There was a multi-day hearing this week in  the Senate Tax Committee related to another   constitutional amendment on property tax  valuations. And there were a lot of groups   in favor of the cap. There were as many groups  expressing concerns with the cap. And we all   know that property tax issues are certainly top  of mind for your constituents. And constituents   around the state. So, the Kansas legislature  is going to continue to spend probably the   lion share of it session on how to get a handle  on property tax evaluations and increases. That   constitutional amendment is one of many ideas  that will put forward. And last week, a bill   was introduced yesterday afternoon in the House  election committee that moves all local elections   from high number of years to even number of years  and specifically um during larger cycles. So this   would take effect in the 2028 cycle and there's  language in there about s terms and so on and so   forth for those individuals that were elected in  office like 2027. The upshot is that we would be   actually moving back to even number of years, but  we would be moving in even number of years to the   fall cycle with the primary in general that  are usually there for statewide races and for   president choice. So that is just a broad taste  of the top of five issues that were put forth this   session. There's a more and expecting additional  information that we'll have from us report at any   point. And with that, I'm happy any questions. I  I have a question for you, Kimberly. Uh back to   the 1% uh tax on food. Um it was my understanding  the legisl and maybe it's wrong. The legislature   could allow us to take that rate to zero and not  affect the compact 24 state compact. Is that true   or false? That's where it gets complicated. So  yes, in the passage of legisl previously that   moved the u the sales tax eliminated the sales tax  on food. It did allow for local governments the   state sales tax on food. It didn't allow for local  governments to set their tax rate at a different   level. I think the challenge is that there's  county issue and then there's a city issue.   So that's where we're having to work through the  streamline sales tax. So, can can I ask a question   again? Can the state legislature allow us to  take that rate to zero for food in the city? Yes. But because we're part of the streamline  sales tax, that compact needs to be adjusted as   well. So, so that compact does not allow us does  not would not allow the state legisle to do that.   Did I understand correctly? So that's what  we're working through. It's a we're having   a variety of conversations with the revis the  streamline sales tax compact organization itself   and with the lawyers of the Kansas legislature  to make sure that we fully understand the os. It's a little bit more tricky. the  previous food sales tax elimination.   Okay. Thank you. And I'm sorry for  that. Yeah, that's all right. Thanks. I see no further comments or questions. Thank you,  Miss Swatti, for that update from Topeka. Council   members, any events happening in your communities  uh this upcoming weekend? Uh just for reference,   on Monday there will city hall will be closed.  uh an observation of Martin Luther King Jr. Day.   There is plenty going on and plenty going on in  the city on Monday. Uh so we will be celebrating   as a city uh the birthday of Dr. Martin will  be the celebration on Monday though his actual   birthday has already passed. I believe council  member Glascock and I will be at the Arise   um breakfast at 7:30 a.m. as well as the mayor  at the state ballroom. Um following the Habitat   for Humanity MLK build, I'll be joining U  Commissioner Batty um at Centry 2 to help   out with that build. And then u that afternoon,  the annual Greater Witchaw Ministerial League at   the Metropolitan Complex in District 1 will be  hosting its annual MLK Day celebration. Bishop   Herman Hicks will be the guest speaker. And then  uh finally to round it all out at 5 o'clock PM um   Storytime Village is breaking ground on their  new building in District 1. So they're going   to be doing an MLK prayer service to pray over  the ground and the foundation there. So everyone   is welcome to join. I invite any council  member who wants to come into District 1,   please. And the manager, we invite you to District  One as well. The best district in the city of W. Thank you all very much. Have a nice weekend.