MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, August 12, 1997 Tuesday, 9:08 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Lambke, Cole, Gale, Kamen, Rogers; present. *Council Member Ferris absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Rev. Robert Henley, Eastminster Presbyterian Church. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. Minutes -- The minutes of the regular meeting of August 5, 1997, were -- approved approved 6 to 0. (Ferris absent) AWARDS AND PRESENTATIONS VISITOR RECOGNITION Visitors from Tinoh, Japan, were recognized. PUBLIC AGENDA *Council Member Ferris present. Comments by Cora Smith. Cora Smith Cora Smith spoke regarding the problem of handicap accessibility when going through the current process to appear in Municipal Traffic Court. Ms. Smith explained that she has a handicap placard but forgot to use it and received a ticket. The process the handicapped must go through when a handicap parking ticket is received is discriminating and a nuisance. If the person receiving a ticket can prove they have a handicap, the policy should be to forgive and forget. Ms. Smith said she first had to set a preliminary hearing date which had to be done in person. Next, she had to attend the preliminary hearing and the parking was far from the building. Then, she had the actual court appearance at the West Side Police Station where the handicapped parking area was at the far end from where court was held. It also seemed the Judge, Police Officer, and Prosecutor were all friends which made it seem impossible to receive a fair trial. When found guilty, the Prosecutor and Police Officer indicated they were sorry but the Judge assessed a $50 fine anyway. Finally, Ms. Smith requested to be able to make payments to pay the fine and was told all payments would have to be made in person, not by mail, because they might get lost in the mail and credit could not be given. It was extremely difficult for Ms. Smith to take care of all the personal visits required due to her physical handicap. Ms. Smith asked that the process be made easier and more fair laws be enacted. Council Member Ferris Council Member Ferris explained that the City's Ordinance mirrors State Statute and the fine could not be reduced below the $50 assessed. Mayor Knight Mayor Knight asked that a copy of Ms. Smith's comments be forwarded to the Commission on the Status of the Handicapped and that comments be requested. Mayor Knight also suggested that Ms. Smith visit with the Commission on the Status of the Handicapped and make her feelings known. Council Member Kamen Council Member Kamen questioned the inability to mail in payments, and said the parking, according to the Federal laws, should be at the end nearest the entrance. NEW BUSINESS IRB - MID CONTINENT PUBLIC HEARING AND ISSUANCE OF INDUSTRIAL REVENUE BONDS - MID-CONTINENT INSTRUMENTS. (District II) This Item was stricken from the Agenda. APPEAL HEARING ADMINISTRATIVE ORDER APPEAL HEARING - SPAGHETTI WAREHOUSE. David Warren Director of Water and Sewer reviewed the Item. Agenda Report No. 97-694. In September 1994, City Council adopted an Ordinance Amendment requiring grease interceptor installations in food establishment sewer discharge lines. The passing of this Ordinance was in response to Staff findings that 49% of stoppages in the sanitary sewer lines were attributed to grease discharges. Of the total grease stoppages, 72% were directly attributed to discharges from restaurant/food establishments. The original Ordinance was developed by a work group which consisted of City staff, representatives from the Kansas Restaurant & Hospitality Association, full service and fast food restaurants, schools, hospitals, the plumbing board, and professional engineering consultants. The Ordinance requirements include: 1. New food service establishments must install an interceptor prior to connecting to the sanitary sewer system. 2. Each food establishment must implement a grease interceptor inspection and maintenance program. 3. Existing restaurants (without an approved grease interceptor) must pay a monthly charge to recover grease removal costs incurred by the City. If it is found that an existing facility causes significant grease discharges, the facility is required to install, operate and maintain an approved grease interceptor. Since the Ordinance's effective (implementation) date on January 1, 1995, sixty-six (66) grease interceptors have been installed; 53 of the installations were at new facilities, four installations were due to extensive remodeling, and nine were in response to the City's requirement under item #3 on the first page (i.e., excessive grease discharges from existing facilities). The situation of all nine of these facilities was similar to that of Spaghetti Warehouse (SWR), and these businesses installed a grease interceptor. Background of Spaghetti Warehouse Grease Problems: City staff have been working with Spaghetti Warehouse (SWR) to mitigate the negative impact of grease that SWR is discharging into the sanitary sewer. The Water & Sewer Dept. believes that the quantities of grease being discharged by SWR are significant. The only mitigation techniques employed thus far by SWR are to employ housekeeping techniques to minimize the amount of grease discharged to the sanitary sewer. SWR is located in an old warehouse in Old Town. Conventional installation of a grease interceptor was not possible, due to a lack of room outside the building. Staff has worked with a plumbing contractor to develop an installation design for a grease interceptor located in the basement of SWR. SWR rejected this proposal stating that the cost of such an installation was excessive. SWR has informed the City staff that such an installation would cost over $25,000. (Staff has found that the list price of the recommended interceptor is $9,488.25.) Staff has since been informed that the price is discounted to approximately $6,000. Ongoing maintenance fees to remove the grease collected in the interceptor are estimated at $1,200 per year and is an ongoing expense to the City's sewer system. During negotiations for a Consent Agreement, SWR proposed assuming liabilities associated with any grease stoppages and paying for extraordinary sewer line cleaning costs. Staff has rejected this proposal because it will not prevent grease from entering the sanitary sewer and the possibility of further sewer stoppage(s) causing property/environmental/health damage. If City crews perform the cleaning, it takes away from performing other scheduled/routine maintenance activities. If a contractor is employed, the Sewer Dept. will still have to be involved to oversee/verify the cleaning activities. Staff estimates that sewer line cleaning costs for 600 feet of a 20 inch sewer line is $3,000/occurrence, not including disposal costs which are estimated at $0.34 per gallon. It is estimated that approximately 600 gallons will be generated by each cleaning. The Water & Sewer Dept. have been working with SWR in an effort to resolve this issue since December 1995, when a significant amount of grease was cleaned from the sanitary sewer line. From December 1995 to July 1996, the City's Water & Sewer Food Pretreatment Specialist has continued to meet with local SWR management to review housekeeping practices to minimize the grease and local plumbers to consider alternative methods for conventional grease interceptor installations. On August 21, 1996 and on November 19, 1996, two separate notices were sent to the SWR owner approving the installation of an interceptor in the basement of the facility. SWR did not respond to the letters. City staff subsequently met with the SWR attorney, but have not been able to agree on measures necessary to mitigate the excess grease discharges. As a result, the Director of Water and Sewer issued an Administrative Order to Comply on June 13, 1997. Requirements in the Order include: 1. Install, operate and maintain a grease interceptor, as approved by the Director, by December 13, 1997. 2. Agree to hold harmless the City of Wichita from any and all claims resulting from damages caused by grease discharged from SWR to the sanitary sewer impacting nearby residential and business sites. 3. By August 13. 1997, reimburse the City for all analytical costs and sanitary sewer line cleaning costs associated with the grease discharged from SWR. To date this totals: $2,606.54. 4. Pay an Administrative Penalty of $1,000. SWR's attorney made a timely appeal of the Administrative Order. SWR has waived its hearing before the Director and has requested a direct appeal to City Council. The City cleaned the sewer line serving SWR in August 1994, in December 1995, and in December 1996. This cleaning frequency of once a year is five to seven times greater than the City's normal cleaning frequency. The City sewer main to which SWR is connected is a 20" diameter sewer main. Most commercial and residential accounts in Wichita are served by an 8" main. Therefore, staff contends a very large amount of grease must be discharged into the 20" main before the main needs cleaning. If SWR were connected to a standard 8" line, staff estimates the line would need cleaning every two to three months. Each time the City has cleaned the 20" main, approximately 600 feet of the main had to be cleaned to remove the accumulated grease. If these extraordinary cleanings had not been performed, staff believes grease would have stopped up the 20" main. SWR is the only food service or other significant grease discharging establishment on this sewer line in this area. Recent visual observations (June 24, 1997), have found that SWR grease discharge amounts have improved. The following are staff's factual assertions in this matter: 1. SWR has been found to be the most significant source of grease discharges to the 20" sewer line in this area. 2. The quantities of grease are sufficient to cause sanitary sewer line stoppages and necessitate extraordinary maintenance. 3. In the absence of said extraordinary maintenance on the sanitary sewer sewer line stoppages would occur and could cause damage to property, health and/or the environment. 4. The most effective method of mitigating grease accumulation in the sewer line is prevention by the installation of an approved grease interceptor and the proper operation and maintenance of the same. 5. The financial responsibility for the installation, operation and maintenance of such grease interceptor should rest upon the generator of the grease. 6. The Water & Sewer Department has responsibility for operating, maintaining and protecting the sanitary sewer system of the City and for enforcing the provisions of Title 16, Chapter 16.24 of the City's Code of Ordinances. A complete file of letters and actions leading up to the Administrative Order is maintained in the office of the Sewage Treatment Division. The Director of Water & Sewer has the administrative authority to enforce the City's Grease Interceptor Ordinance by administrative order or consent order (Sec. 16.24.105). (This administrative authority is distinct from criminal penalties which can be sought for violation of the ordinance; no criminal prosecution has been undertaken in this case.) Any party aggrieved by an order may seek a hearing before the Director (which has been waived in this case). The final determination of the Director can be appealed to the City Council. After hearing the appeal, the Council may affirm, modify, or reverse the decision of the Director (Sec. 16.24.120). A timely appeal is before the Council. Ken Dannenberg Ken Dannenberg, Hershberger, Patterson, Jones & Roth, L.C., representing Spaghetti Warehouse, said there was agreement with David Warren's summary. The Restaurant was purchased in December of 1992; Mr. Lambi renovated the building; and operation began in July of 1993. In June of 1997, the Administrative Order was received. The issue being raised is that the Ordinance allows facilities in operation before the Ordinance was adopted to be exempt unless the Director finds the facility to be contributing grease in quantities sufficient to cause sanitary sewer line stoppages or necessitate increased maintenance on the sanitary sewer collection system to keep the main clean. No evidence has been seen to indicate that the Spaghetti Warehouse establishment causes stoppage or increased maintenance. Spaghetti Warehouse uses little sausage or other items which have grease; the most used items are spaghetti and tomato sauce. Data is requested to support the necessity of the expense required to install an interceptor. The legal constitutionality is also questioned. This is a new liability because the restaurant was in compliance at the time it was constructed. The Council is asked to review the Administrative Order or make modifications. Brent Lambi Brent Lambi, owner of Spaghetti Warehouse, said the business pipes are not backing up and there is an under-sink grease interceptor. Eighty percent of their product is pasta and tomato sauce. It is questioned whether Spaghetti Warehouse actually plugged the line. Spaghetti Warehouse has six other restaurants with no grease interceptor and no blockage of lines. David Warren Director of Water and Sewer said the problems in the sewer line start at the point of connection to Spaghetti Warehouse. There are no problems upstream. The condition of the line and the soda straws and the amount of grease all come from the Spaghetti Warehouse point of connection. There has been no plugging of the line because maintenance crews clean the lines five to seven times more often than the normal lines are cleaned. If the extra cleaning were not done, there would have been blockage. There is documentation measuring the amount of grease. The problem with analytical data is that, because of the nature of this kind of discharge, the content of the samples grabbed depend on the time of day taken and the activity going on at the time taken. The most telling data is the condition down stream of Spaghetti Warehouse. This information has been supplied to Spaghetti Warehouse. Joe Lang First Assistant City Attorney said that because of new discharge, after the Ordinance took effect, contained significant grease discharge, it is believed the Order is legal and constitutional. Motion -- Knight moved that the Administrative Hearing on the Appeal be closed; and the Administrative Order be affirmed. Council Member Ferris Council Member Ferris said that in light of the cost to Spaghetti Warehouse to install a grease interceptor, the $1,000 Administrative Penalty should be waived. David Warren Director of Water and Sewer said he had no problem in waiving the Administrative Penalty. Amendment -- Knight, with consent of the second, amended the motion to withdraw the Administrative Penalty. -- carried Motion, as amended, carried 7 to 0. PETITIONS PETITIONS TO PAVE MEMORY LANE, 11TH STREET, CURTIS AND DORIS TO SERVE ECK FOURTH ADDITION LOCATED SOUTH OF 13TH STREET AND EAST OF I-235. (District V) Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 97-695. On April 15, 1997, the City Council deferred action on a proposal to pave four streets serving Eck Fourth Addition and adjacent properties. KCE, Inc. (Matt Eck, President) is proposing to replat and develop a seven-acre site south of 13th and east of I-235 to provide 23 single- family residential lots. As a part of the platting process, the developer has submitted petitions to pave four street segments that serve this area: * Memory Lane, from Compton to Doris (54% by area) * 11th Street, from Curtis to Doris (69% by area) * Curtis, from the end of existing paving south of 11th to 11th (55% by area) * Doris, from Memory to north of 11th (69% by area) All four petitions were signed only by the developer. However, the signature on each petition represents a majority of the improvement district area. The proposed projects would pave a short section of Curtis, and a section of Doris north of 11th that are currently being maintained as dirt roads. The other street segments are not open at this time. The funding source for the projects is Special Assessments. The projects are proposed to be funded on a square footage of ownership basis for the Curtis paving and the fractional basis for the Memory Lane, 11th Street, and Doris paving. The cost and assessment rate for each project is as follows: LOCATION ASSESSNEBT RATE TOTAL COST Memory $1,900-$4,900 per Lot $55,000 11th $2,000-$5,500 per Lot 74,000 Curtis 0.30 per sq. ft. 18,000 Doris $3,900 per Lot 47,000 State Statutes provided that a petition is valid if signed by a majority of property owners or by owners of the majority of the property in the improvement district. Council Member Ferris Council Member Ferris said this is the most fair manner of assessment. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that the petitions be approved, the Resolutions be adopted (hold for -- carried development) and the Mayor be authorized to sign. Motion carried 7 to 0. RESOLUTION NO. R-97-293 Resolution of findings of advisability and Resolution authorizing construction of pavement Number 472-82807 Doris Street (from the north line of Lot 1, Block A, Eck Fourth Addition to the south line of 11th Street) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Ferris moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-294 Resolution of findings of advisability and Resolution authorizing construction of paving Number 472-82808 on Memory Lane (from the ease line of Doris Street to the north line of Compton) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Ferris moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-295 Resolution of findings of advisability and Resolution authorizing construction of pavement Number 472-82810 (on 11th Street from the west line of Doris Street to the west line of Curtis Street) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Ferris moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-305 Resolution of findings of advisability and Resolution authorizing paving Curtis Street, (from the north line of Lot 1, Steve Kelly Addition to the south line of 11th Street) Project Number 472-82809 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Ferris moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. SANITARY LANDFILL CONSIDERATION OF PROPOSAL/OFFER TO SEDGWICK COUNTY FOR CONSTRUCTION OF A LOCAL SANITARY LANDFILL. Agenda Report No. 97-696. Under Kansas law, counties are responsible to plan for solid waste management and to provide for solid waste disposal facilities. Sedgwick County has received a recommendation from its Solid Waste Management Committee that the County use a material recovery facility, a transfer station, and a distant (out of County) landfill to process and dispose of Wichita-Sedgwick County solid waste. The City of Wichita has purchased a site suitable for development of an approved local landfill. City Staff, working with designated Council Members Ferris and Kamen, have prepared a proposal that could be made to Sedgwick County to build this landfill and operate related solid waste management systems. The City is not mandated a role in the selection or operation of a solid waste disposal facility for the County. The City has historically owned, and through a contractor, operated a landfill to serve the solid waste disposal needs of the County. The City's offer to Sedgwick County would be superior to the recommendations from the Solid Waste Management Committee in three essential ways. First, the proposed system would cost the citizens and businesses in the community significantly less money. Second, control of the solid waste disposal systems would be maintained by local government. [This feature is important because the City and County can not avoid liability for the waste steam, even if it is handled by a private company at a distant site.] Third, the proposal would provide a local environmentally-sound solution for the processing and disposal of the waste the community generates. The City's proposal addresses the need to reduce the waste stream in both quantity and toxicity; this is accomplished through an integrated system of programs that includes: * Mass Media Public Education Program; * Vastly expanded drop-off recycling program including up to 40 drop-off recycling sites across the county; * Household Hazardous Waste collection program that will include a new facility and expanded operation; * New technology incubation program at the landfill to facilitate the development of pilot programs from emerging technologies to process solid waste; and * New environmentally-sound local landfill that meets or exceeds all applicable federal and state regulations. Over the next 20 years the Solid Waste Committee recommendation will cost the community a projected $398 million for the collection of recyclables and processing and disposal of solid waste (according to the calculations of the County). The City's proposed landfill would have a 20-year total disposal cost of $181 million. When the costs (in the City's proposal) to reduce the quantity and toxicity of the waste stream are included with the landfill cost, the 20-year total cost is $205 million. Thus the city's proposal would result in a savings to the community of 133 million over 20 years or an average annual savings of $9,650,000 compared to the County's cost estimate of the Solid Waste Management Committee's system. The charge for using a landfill (called a tipping fee) is usually expressed as dollars per ton. The initial tipping fee for the County system is estimated at $37.98/ton. The initial tipping fee for the City's local landfill alone is $19.16/ton. The initial tipping fee for the City's proposed system (including all of the programs listed above) is $21.98. For the City to be able to apply for a permit to construct and operate a landfill in Sedgwick County, such a facility would have to be certified by the County as consistent with the adopted and KDHE approved County Solid Waste Plan. Through submission of this offer to the County, the City would be requesting the County include its proposed system in the adopted plan. Council Member Ferris Council Member Ferris stated that, a few weeks ago, the City Council authorized Council Members Kamen and Ferris to work on a Proposal that the Sedgwick County Commission might consider along side the Solid Waste Committee's Proposal. Council Members Kamen and Ferris, before working on this Proposal, met with Sedgwick County Commissioners Hancock and Winters, and asked whether it would be helpful to have this information. Commissioners Hancock and Winters both agreed that this information would be helpful to the Sedgwick County Commission as this subject is evaluated. Burns, McDonald Consultants were hired and worked with Staff on the Proposal. There are some things that have been left out of the Proposal: volume based trash, specific bans directly (are included indirectly). These items will require public discussion and debate, and it is believed that these will be discussed if there is going to be a solid waste business. If there is not to be a solid waste business, the appropriate place for those hearings will not be in the City Council Chamber. It was decided the proposal would be sent in the form that the Solid Waste Committee had been working, and would take into consideration the Committee's comments. Then, in the future, if the City is designated by the County as someone to build the landfill, those issues will be taken on. The first element is a Subtitle D landfill built in northeast Sedgwick County on land referred to as the Furley site. A public education program, expanded drop-off site program, expanded household hazardous waste program, mitigation fund, and a new technology incubation program would be included. The landfill would be approximately 320 acres in the area on the north near 85th Street. There would be 1,000 acres of buffer for buffering soil, cover, and related facilities. Every well (and additional wells have been dug in the last several weeks) was tested and no well showed groundwater less than 30 feet to the ground surface. Soils are mostly clay and shale which are ideal for constructing landfills. Every element of the proposal would meet or exceed all Subtitle D location restrictions. The actual cost for the landfill operation and construction will be $19.16 per ton for the first year. Included in the cost is impact mitigation, site investigation, pipeline relocation, initial construction, cell construction, all of the landfill operations, leachate management, upgrading of Greenwich Road ($600,000 allowed), pollution liability insurance ($15 million fund set aside on an annual basis underwritten by an insurance company), closure and post closure costs, and the State's fee. Some things included in this Proposal that are not included in the Solid Waste Management Committee's Proposal: $220,000 per year public education program, vastly expanded drop-off site (expanded to 40-sites), expanded recycling program, expanded hazardous waste program (the most important thing in a new landfill is to ensure no hazardous waste goes into the landfill via an expanded facility (up to $500,000 allowed for a new construction)), new technology incubation program (five 5-acre tracts set aside at the new landfill to handle new technology - new processes would be proposed to the Council, KDHE approval sought, and a major program would be set up on the site with money set aside to help them get started), and a mitigation fund - $2.1 million (to acquire land for buffering, mitigation of problems of people on Greenwich Road that have truck traffic, and to assure as little impact to the area as possible - the City would meet with residents and try and work to accommodate some things the residents see as problems). With the site now being moved to the north, some of those in the south and east who thought they would be close to the landfill will now be two miles away from the landfill. Some who thought they would not be close will now be closer so this situation will have to be dealt with over the next year or so. At the actual landfill site, it is between 30 to 47 feet to groundwater and the soil is all adequate. Subtitle D landfills have waste on top of a protective covering. Below the protective covering is a leachate collection system to collect any water runoff that might occur through rain. There is a foot of rock with pipes on the inside to actually collect, pump off, and treat any accumulated moisture. There is an additional hard polyliner and than an addition two feet of compacted clay. In addition, the City is recommending placement of another ten feet (minimum of 10 feet up to 15 to 20 feet in places) of natural clay soil underneath the landfill. This exceeds Subtitle D regulations and it is believed that this is environmentally responsible. The tipping fees in the first year will be $19.16 for the landfill. The total cost for all of the programs mentioned will be $21.98. In the year 2020 (20th year of the proposal), the cost will be $31.28 which includes an inflation escalator to deal with the rising costs (using the same numbers the Committee used for consistency). The tipping fees and costs are based on 1,000 tons per day which is a reduction of 33 percent in the waste stream. This is based through aggressive public education program, increased recycling, and related waste reductions. The difference in cost between the City's proposal and the Solid Waste Management Committee's proposal, on an annual basis depending on what is included in their proposal (many elements currently not included), will be between $7 million and $9 million per year. It is believed this proposal will reduce the quantity and toxicity of the waste stream, meet local disposal needs (and could meet the needs for the next 40-50 years), provide local control and operation and cost of disposal, save the community over $193 million over the next 20 years, and meet and exceed all Federal, State, and environmental requirements. There are two proposals that will be taken to the County Commission. Both proposals are landfill proposals - one is a landfill built in Sedgwick County and the other is a landfill somewhere else. If there is a landfill somewhere else, the City/County will retain some of the liability for that landfill even though there is no control over what happens to the landfill. Any county that has a landfill has control in the solid waste plan. There is an editor's editorial in the Lawrence paper, where one of the landfills being proposed for transference of waste is located, which questions whether or not Sedgwick County trash is wanted. Once the transfer station is completed and Sedgwick County's trash is not accepted, costs may go up with surcharges being added to trash from outside the recipient area. There are many unanswered questions in the Solid Waste Management Committee's Proposal. The Solid Waste Management Committee's recommendation does not include any transfer site analysis cost, transfer site mitigation cost, household hazardous waste facility cost, household hazardous waste operating cost, environmental education program cost, new technology development program costs, recycling and collection costs, and processing and the disposal tipping fees. The Proposal presented today has tried to consider every question that has been heard from the Council and from the public. The charge was to 1) come up with an environmentally friendly proposal which took into consideration the elements of the environment, 2) have a financially responsible proposal, and 3) take into consideration the public comments. It is believed that this proposal meets the charge. The proposal does not solve everybody's concern - there will be some who will not be happy with this proposal. This is a proposal for 485,000 people - all of Sedgwick County. There are less than 200 people that reside within a mile and one-half radius of the site for the landfill. Decisions are made all the time for roads, sewer lines, or other items that have negative impacts on some people. The negative impact is regretted but the move must be forward and that is why there is $2.1 million set aside to try to mitigate as much of the impact to those 200 people as is possible. Mayor Knight momentarily absent with Vice Mayor Cole in the Chair. Council Member Kamen Council Member Kamen said that in the last ten years there have been Federally titled landfills and there have been none cited for environmental problems. Money has been put into the proposal for hazardous material expansion plan but there has been no decision on the type of expansion - geographical or hours of service. This would be decided by public hearing. The five acre plots set aside for new technology experimental methods for taking care of waste material would have to be approved by KDHE on a case-by-case basis. Of importance, the City's proposal is definite, the Solid Waste Management Committee's proposal leaves much to be decided later. For every dollar a program costs and that the program costs increase to handle the solid waste, there will be more material in ditches, fields, and streams throughout the area which will cost more to take care of, and this cost will be absorbed by the City and County. The $19.16 net ton cost for tipping fees does not include an analysis of the household fee. There are too many variables to do the estimating responsibly. Council Member Rogers Council Member Rogers said that as a member of the Steering Committee of the Environment, Energy, and Natural Resources Committee of the National League of Cities, and he has heard, read, discussed, and looked at programs impacting the environment all across the United States. "This proposal is the most complete, in-depth proposal that I have heard on a landfill in the United States." This proposal is exceptional. One of the components that has been missing in every presentation that has been heard across the United States has been what is philosophically the most important - individual and collective responsibility for the problems created. This is the most reasonable, logical, long-range solution that has been heard. Council Member Lambke Council Member Lambke stated that, before he was on the Council, he made some statements supporting the Kingsbury site. The more that is learned about the situation, the more convinced he is that the Kingsbury site is not the best site. Council Member Lambke expressed support for this Proposal because the City has the responsibility to do this. The proposal is well done. There are specifics to be discussed later if the plan is approved. To those who take the position that Kingsbury is still a viable option, after looking at the presentation and at the geological situation, they have to be convinced that the Kingsbury site is not nearly as suitable as the Furley site. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Brian Nitcher Brian Nitcher, representing BFI, said BFI is pleased with the economic viability of the solution that has been presented. A local landfill option represents millions of dollars of savings to citizens and businesses. With today's technology, new landfills can be constructed with the citizens best interests in mind. This is the best option for Wichita. Harold Burtnett Harold Burtnett, President of the Wichita Hauler's Association, spoke in support of the proposal. This is essential for the City. It is essential to take care of our own waste. Mayor Knight Mayor Knight stated that, at one point, his preference was to try and develop a strategy for a transfer station to haul solid waste from Sedgwick County to a distant landfill. The thinking at the time had to do with land reclamation that some of the strip pits and others were trying to fill in. It was thought the transfer station would allow movement on the issue in a more united way. This did not work and there is no reason to revisit this issue. One of the challenges faced is the cost question. The environment is also of importance and there is absolute assurance that the City should not be at Brooks Landfill any longer than necessary. The population density, hydrology, geology, and other factors also pointed out that Kingsbury was not a satisfactory site. At one point, the City Council was to be given a presentation, by consultants hired by the City, on established data on local landfills and other options including transfer stations. The Solid Waste Management Committee insisted on coming to the City Council before the Consultant's report was given to make their recommendation for a local landfill. If the concern is the environment, cost, trying to soften the impact on people that will be living with this, trying to divert hazardous waste out of the landfill, to try to expand voluntary recycling, to try to have a first-class education program (which speaker after speaker has said is necessary), the proposal presented today is a masterful job of assembling the community expectations. The remaining question is the question of the people who live around the landfill. It is unknown how a local landfill can be accomplished without causing incredible, legitimate concern of those citizens who have to live with it. What can be done is to do everything that can be done to mitigate the consequences. Kellogg is a an example of hundreds of people who had property, hopes, and dreams, and the Council took action that changed their lives. If that action were not taken, there would not be a limited access freeway. These decisions are "gut-wrenching" and the decision will ultimately reside with the County Commission. Council Member Ferris Council Member Ferris stated that this was a challenging and educational process. With regard to the environment, the Environmental Protection Agency (EPA) and the Kansas Department of Health and Environment (KDHE), spend a great deal of time watching the environment and are very stringent. Both agencies recognize that landfills that are built properly are not environmental problems. Both agencies permit and entitle landfills. Environmentally speaking, the agencies that spend 100 percent of their time dealing with the environment, both recognize the viability of a local landfill that is constructed Subtitle D. The proposal exceeds the Subtitle D requirements. The siting of a landfill is one of the most difficult situations to face a community. An attempt has been made to ensure this siting has been done in the most appropriate manner possible, dealing with every situation that may arise. Motion -- Ferris moved that the City Council forward the Proposal to the Sedgwick County Commission, and that it be given to the County Commission in detail at one of their public hearings or at whatever time the County Commission believes is most appropriate to deal with the Proposal in detail; that the Proposal be sent as the City Council's recommendation of the City's methodology for handling solid waste; and that this would be the only offering the City Council would intend to send --- carried forward to handle the solid waste issue. Motion carried 7 to 0. RECESS The City Council recessed at 10:45 a.m. and reconvened at 11:00 a.m. 1998 ANNUAL BUDGET 1998 ANNUAL OPERATING BUDGET AND REVISIONS TO THE 1997 BUDGET. Ray Trail Director of Finance reviewed the Item. Agenda Report No. 97-697. The proposed 1998 annual operating budget has been published at $269,069,360. Interfund transactions and appropriated fund balances increase this amount to $326,647,249. The inclusion of the expendable trust funds, as required by State Law, is an additional $43,897,500 for a total of $370,544,749. As published, the budget will necessitate a mill levy of 31.247, no change from the levy requirement for the 1997 adopted budget. The General Fund property tax levy is $35,601,421 (including a delinquency allowance) at an estimated 21.247 mills. The levy for the Debt Service Fund is $16,755,980 (including a delinquency allowance) and is estimated at 10.000 mills. The General Fund includes City of Wichita contributions to the jointly funded City-County budgets in the following dollar amounts City County Share Share Revenue Total Flood Control 659,930 659,930 - 0 - 1,319,850 Community Health 2,356,490 1,570,990 254,200 4,181,680 MAPC 522,370 522,370 218,300 1,263,040 It is necessary for the City Council to approve joint agreements to continue these functions. The County Commission is expected to likewise approve the County share of the functions. The 1998 budget proposed budget assumes the following actions with respect to fees: A 5 percent increase in sewer rates is assumes to honor debt service coverage restrictions in bond covenants. The rate increases will be subject to separate review and approval by the City Council at a subsequent meeting. Increases general contractor licensing fees and implementation of fees for mobile home installers and mobile home permits. An ordinance relative to these will be brought before the Council for first reading on August 19, 1997. Some revisions in the 1997 are proposed. Increased expenditure authorizations are needed for six funds. Except for the Data Center and Telecommunications funds, which were modified subsequent to the document release, all revisions have been incorporated into the proposed 1998/99 budget document as 1997 revised amounts. 1. The Convention and Tourism Fund is being amended $583,980, increasing expenditure authority for remodeling projects at Expo Hall in conjunction with construction of the new Convention Hotel. 2. The Special Parks and Recreation Fund is increased $10,240. The fund, required by law, provides an annual transfer from private club liquor tax receipts into the City's General Fund. Resources were greater than anticipated, allowing for a larger amount to be transferred. 3. The Landfill Fund is being amended $2,244,290 to fund the costs for the first phase drainage improvements ($1.5 million) and for the groundwater contamination structure ($1.865 million). The projects and financing are consistent with Council actions in November 1996. 4. The Property Management Fund is increased $695,310 as a contingency reserve for acquisition and/or disposition of properties through the balance of this year. 5. The Data Center Fund is amended $1,070,210, allowing for an increased transfer to the capital replacement reserve. Several current and planned projects require capital investments, including the GIS, mobile computer terminals for public safety, and the OCI ADT system. These expenses are offset over time through increased revenue from chargebacks to the beneficiaries. 6. The Telecommunications Fund is increased $185,090. The equipment replacement reserve transfer is increased to prepare for replacement of the City Hall telephone system. The proposed budget proposes no tax increase; the City's 31.247 mill tax levy will remain the same. The 1998 General Fund budget is balanced with no requirement to draw down reserves. The Public Safety Initiative is fully funded (through a combination of local and grant dollars), adding 112 police officers, 15 support personnel, and 14 new positions in Court and Law. Pension contributions of 8.4 percent for the Wichita Employee Retirement program and 17.5 percent for the Police and Fire Retirement Program are projected for 1998 and 1999. Publication of the notice of formal hearing on August 1st set the maximum dollars that may be expended in each fund. The City Council may reduce expenditures required (and proposed tax dollars to be levied) but not increase expenditures previously established. An Item that was brought up at the August 5, 1997, City Council meeting was regarding the Golf Course Fund. Council Member Ferris and the Director of Finance have met and discussed the matter and there is a memorandum which indicates the technical adjustments necessary in the Golf Course Fund to achieve the change in program effort - primarily additional work on the courses due to weather circumstances this year, as well as an adjustment in green fees with regard to the plan of finance for the new golf course on the west side. Those will be incorporated into Council action today. Following Council action on the proposed budget, proper certification will be made of the property taxes to be levied in conformity with State Law. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that the public hearing be closed; the 1998 Budget be approved and the Budget Ordinance be adopted; amending the 1997 budget for the Convention and Tourism Fund, Special Parks and Recreation Fund, Landfill Fund, Property Management Fund, Data Center Fund, and Telecommunications Fund be approved; the joint agreements with Sedgwick County be approved and the Mayor be authorized to sign; and the use of local funds derived from property within the corporate limits for the Wichita State University Board of Trustees (interlocal agreement -- carried between the City and County) be approved. Motion carried 7 to 0. ORDINANCE NO. 43-550 An Ordinance making and fixing general tax levy for the City of Wichita, Kansas, for the year beginning January 1, 1997, and ending December 31, 1997, and relating thereto, and concurrently approving certain amendments to the 1996 adopted budget, read for the second time. Ferris moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. GILBERT & MOSLEY TAX INCREMENT FINANCING DISTRICT #1 - GILBERT & MOSLEY. Agenda Report No. 97-698. On July 29, 1997, the City Council authorized the publication of the hearing notice, and set the maximum increment for the 1998 budget. TIF District #1 was established in August 1991 to fund the clean-up of groundwater contamination in the Gilbert/Mosley district. Clean- up expenditures not attributable, nor billable, to potentially responsible parties are covered by the tax increment. The City has entered into a legal agreement with one responsible party, and 39 additional potentially responsible parties have been identified. The 1998 proposed budget includes total expenditures of $3,551,520. Contributions from potentially responsible parties are budgeted at $1 million, temporary note proceeds at $2.161 million, and interest earnings estimated at ($10,250). The tax increment is estimated at $650,000. The proposed tax increment for the 1998 budget can no longer be increased because it has already been officially published, but the amount can be decreased by City Council action. Following City Council action on the proposed budget, proper certification will be made of the increment in conformity with State law. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that the public hearing be closed; the 1998 budget of $3,551,520 be -- carried approved; and the Budget Ordinance be adopted. Motion carried 7 to 0. ORDINANCE NO. 43-551 An Ordinance making and filing an increment in ad valorem taxes for the Gilbert and Mosley Site Redevelopment District, City of Wichita, Kansas, for the fiscal year beginning January 1, 1998, and ending December 31, 1998, read for the second time. Ferris moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. NORTH INDUSTRIAL COR. TAX INCREMENT FINANCING DISTRICT #2 - NORTH INDUSTRIAL CORRIDOR Agenda Report No. 97-699. On July 29, 1997, the City Council authorized the publication of the hearing notice, and set the maximum increment for the 1998 budget. TIF District #2 was established in March 1996 to fund the clean-up of groundwater contamination in the North Industrial Corridor (NIC) district. Clean-up expenditures not attributable, nor billable, to potentially responsible parties are covered by the tax increment. The City has entered into a legal agreement with 26 potentially responsible parties who have agreed to pay for the costs of cleaning up the pollution for which they are responsible. The 1998 proposed budget includes total expenditures of $569,260. Contributions from potentially responsible parties are budgeted at $200,000 and interest earnings estimated at $18,940. The tax increment is estimated at $150,000. The proposed tax increment for the 1998 budget can no longer be increased because it has already been officially published, but the amount can be decreased by City Council action. Following City Council action on the proposed budget, proper certification will be made of the increment in conformity with State law. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that the public hearing be closed; the 1998 budget of $569,260 be -- carried approved; and the Budget Ordinance be adopted. Motion carried 7 to 0. ORDINANCE NO. 43-552 An Ordinance making and filing an increment in ad valorem taxes for the North Industrial Corridor Redevelopment District, City of Wichita, Kansas, for the year beginning January 1, 1998, and ending December 31, 1998, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. OLD COWTOWN PROPOSED OLD COWTOWN MASTER PLAN. Chris Cherches City Manager introduced the Item. Mike Knecht Mike Knecht, Director of the Old Cowtown Museum, reviewed the Item. Agenda Report No. 97-700. Old Cowtown Museum is embarking on a fund raising campaign to raise $4.15 million to fund extensive Museum expansion plans. Modifications to facilities include the construction of an Educational Center which includes an Exhibit Gallery and Theater; a Collections and Management Building; a Maintenance and Administration Building; a Milliner's Dressmaker's Shop and a Wagon Works Exhibit. Currently, Old Cowtown Museum is in the process of constructing a Farm Exhibit. In February, 1997, the Old Cowtown Museum Director and several members of the Board, made a presentation to the City Council during a Workshop to discuss future expansion plans. As a result of the Workshop discussion, two expansion alternatives are under consideration by the Cowtown Board. (1) Option A. This option is the preferred plan because it would provide more buffering, screening and parking, with improved location of some of the facilities. It would also allow for future expansion. This option will require the relocation of the City's Water Maintenance facility located at Sim Park. (2) Option B. This option would restrict the expansion of the facilities, reduce screening and parking. It would continue the City's Water Maintenance facility at its existing location. The Council is being requested to indicate its preference as to the proposed Options for Development to allow for the capital fund raising campaign to begin with assurances of the proposed development plan. The expansion plans associated with Old Cowtown Museum are contingent upon a number of City actions. If Option A is selected, plans for the Water Maintenance facility to be relocated will have to be scheduled. If Option B is selected, water facilities remain in their current location. The option selected will affect the planning for other City maintenance operations. Long-Range City Maintenance Plans: The moving of the Water Maintenance facilities has been previously explored as part of the long range plans for consolidating the City's maintenance functions. In January 1995, Law Kingdon, Inc. prepared a Maintenance Operations Master Plan which provided a series of alternatives for determining the most cost-effective, long range strategy for consolidating and housing the City's field maintenance and operations functions. The report recommended expansion of the current Central Maintenance Facility to include the Water Maintenance facilities (a move from Sim Park to CMF); Park Operations Division (move from current headquarters on McLean Boulevard to CMF); and Landscape and Forestry functions (move from Linwood to CMF, except for greenhouse functions). The existing operations of Street Services, Street Maintenance, Storm Water Management, Sewer Maintenance, Engineering and Fleet Management would continue to function in the basic existing mode. Facilities would be upgraded to provide more efficient housing and storage. In recommending this alternative, the Consultants note the need to purchase additional land, add office and storage space at CMF, and install an additional fueling station. In conjunction with this plan, MTA maintenance operations would be moved to the proposed Storage/Administration/Maintenance (SAM) facility which would be located near the Transit Center. [This site has since been acquired and the facility is under design.] When this move is completed, additional space at the CMF will be utilized. Should this facility be authorized, construction could take approximately two years. The current CIP does not include relocation of the Water Maintenance facilities (or other capital improvements associated with field maintenance operations as outlined in the Maintenance Operations Master Plan). It is estimated that if consent is given to the relocation (In 1997), the new Water maintenance facilities, along with elements of the consolidated maintenance facilities, could be constructed no earlier than 2000. Cowtown Strategic Development Plan: The Cowtown Historical Museum Board has completed its master plan and is prepared to market the development in an upcoming fund-raising campaign. The Board feels that it is necessary to be able to show the proposed development to prospective contributors and, therefore, is requesting official approval by the City Council for the utilization of City-owned property for its expansion program. Staff has reviewed the plan and commented on such elements as buffering, perpetual maintenance, utility relocations, building placements, parking and the facilities relationship with other Museum District Improvements. Whatever Option the City Council approves, however, will still subject the final plans to the usual City reviews and approvals. Earlier this year, when the City Council held a workshop discussion on the development plan, there seemed to be support for Option A, provided the scheduling and financing could be satisfactorily worked out. The Cowtown Board is requesting the City Council consider: 1. Approval of the Strategic Development Plan and indicate its preferred Option (and willingness to consider the relocation of the Water Maintenance Facility in its forthcoming Capital Improvements Program). 2. Approval to lease additional City-owned property to Cowtown for the planned expansion and improvements. 3. Approval of proposed improvements contained in the Plan and finding of compliance with the Museum District Improvement Plan. The total fund raising campaign for Old Cowtown Museum is $4.15 million. Sedgwick County has committed to $825,000 for the project and Cowtown has received $425,000 of this amount. The City Council has previously authorized funding to finance $825,000 of capital improvements (under its Core Area Improvement Plan); these funds are available when the projects are initiated. In addition to public funding commitments, Cowtown must raise $2.5 million. To date, pledges of $250,000 have been received. If the City Council approves Cowtown's Development Plan, it should specify the preferred Option; act on Cowtown's request for use of City-owned land; specify the terms and conditions required as to lease payments or how funds would be appropriated to implement the preferred Option (i.e. relocation of Utility facilities, etc.). The City Council has the authority to lease public-owned land for museum purposes. If the Council determines the preferred Option would be to allow expansion in the area currently occupied by the Water Maintenance facilities, further analysis will be required to determine fair consideration for the property and how such a transfer, sale or lease can be arranged, and whether or not the Water & Sewer Utility can lease or convey this property without payment. Council Member Cole Council Member Cole spoke in favor of Option A and said the museums on the river are a great resource but are not marketed as well as possible partially because they do not have the same street address. With reconfiguration of the entrance, a more desirable address will be gained. The ugliest feature along the river is the water maintenance building. Chris Cherches City Manager, responding to questions, said an approximate $2 million would be needed to duplicate the currently existing City Water Maintenance facility in another location. The cost for consolidating the campus, street, and parks with the facilities at the McLean site might be in the $4.5 million range. If the Council approves Option A, Staff would update the figures for the consolidation so when the Council receives the Capital Improvement Program, the total consolidated campus can be shown and estimated costs can be presented. The Capital Improvement Program would have to show a participation by the Water and Sewer Utility and the General Fund in bringing the complex together. Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the Old Cowtown Museum Strategic Plan be approved; that Option A be designated as the preferred option for development and Staff be authorized to work with legal counsel to determine available financial alternatives for use (and relocation) of the Water & Sewer Property for expansion; and Staff be authorized to develop a lease agreement for use of City-owned land. Clarification was made that options will be brought back to the Council for both constructing a new Water Maintenance Facility and for consolidating the facility with other facilities. -- carried Motion carried 6 to 1. Kamen - No. WICHITA BOATHOUSE PROPOSAL TO ASSUME OPERATIONAL AND FINANCIAL RESPONSIBILITY OF THE WICHITA BOATHOUSE. Chris Cherches City Manager said Boathouse representatives had requested a one-week deferral. Motion -- carried Ferris moved that this Item be deferred one week. Motion carried 7 to 0. AGREEMENT AGREEMENT WITH THE PRINT SOURCE, INC., FOR SALE OF ADVERTISING ON THE WICHITA METROPOLITAN TRANSIT AUTHORITY VEHICLE FLEET. Chris Cherches City Manager reviewed the Item. Agenda Report No. 97-702. On April 25, 197, the Wichita Metropolitan Transit Authority advertised Requests for Proposals for the sale of advertising on its bus, trolley and van fleet. This included direct mail to known firms in the business of selling transit advertising, and the placement of ads in The Wichita Eagle and in Passenger Transport, a weekly national newspaper of the transit industry. Three firms submitted proposals: On the Move Advertising of Little Rock, Arkansas; J.L. Advertising and Promotions, Inc. of Enid, Oklahoma; and The Print Source, Inc. of Wichita, Kansas. All proposals were evaluated by WMTA staff and ranked on the basis of minimum guarantee percentage of sales payment to WMTA and the ability to perform the requirements of the RFP. The Print Source, Inc. was ranked first and is recommended for contract. The contract period is for three (3) years with an option to renew for two (2) additional one-year periods. The Print Source, Inc. is a local firm with experience in transit advertising sales, ad specialities and promotional products. The firm's local control of sales and production staff is in the best interest of the WMTA. WMTA is to receive fifty percent of all revenues generated by The Print Source, Inc. from advertising sales on its vehicle fleet. The Print Source, Inc. guarantees a minimum annual payment of $25,0000 to WMTA or $75,000 over the term of the contract. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the Contract be approved and the Mayor be authorized to sign. -- carried Motion carried 7 to 0. GRANT APPLICATION GRANT APPLICATION - HOMELESS ASSISTANCE. Chris Cherches City Manager reviewed the Item. Agenda Report No. 97-703. On April 8, the Department of Housing and Urban Development (HUD) issued a Notice of Funding Availability (NOFA) for the 1997 Continuum of Care Homeless Assistance Program. This NOFA made funds available for the Supportive Housing Program which includes transitional housing, supportive services and Safe Havens; Shelter Plus Care; and the Section 8 Moderate Rehabilitation Single Room Occupancy Program for Homeless Individuals. The Human Services Department has been working with community homeless assistance agencies to develop an application for submission to HUD. The application includes seven projects ranked in priority order as follows: 1. Transitional Housing for Homeless Families with Children and Single Women$ $ 896,052 2. Dual Diagnosis Transitional Housing 1,174,184 3. Supportive Employment Services 376,000 4. Housing Specialist for housing search, placement and data development 97,200 5. Database development and support 96,916 6. Transitional Housing for Dual Diagnosis 334,000 7. Supportive Outreach Case Management 150,000 The Transitional Housing for Homeless Families with Children and Single Women project would continue transitional housing with supportive services for the target group to enable them to be successfully reintegrated back into the community. This is a continuation of a program which is now in its third year of operation. It will be operated by the Salvation Army in partnership with Anthony Family Shelter (Catholic Charities), COMCARE (Sedgwick County), Venture House (Episcopal Social Services), and Mennonite Housing to continue to provide outreach, assessment, transitional housing, case management, educational/vocational/employment assistance, job mentoring services, substance abuse assessment/prevention/intervention/stabilization assistance, life skills training, mental health and children's services, follow-up case management services, emergency financial and permanent housing assistance. The Dual Diagnosis Transitional Housing project would provide transitional housing for homeless individuals who have a chemical dependency and a serious mental illness. There are currently no transitional housing units in Wichita which deal with this population. The project will offer an integrated psychiatric treatment and substance abuse program with a safe, supportive, non threatening transitional housing environment. The Supportive Employment Services project will provide employment assistance to employable homeless individuals and will serve as a central resource for obtaining and maintaining long-term employment. Partners in the project are Episcopal Social Services (Venture House) and United Methodist Urban Ministry. The supportive employment services will be collaborated with all supportive housing programs in the community such as the transitional housing programs, Shelter plus Care, domestic violence shelters, the Drop-in Center, and emergency Shelters. The project for a housing specialist is sponsored by United Methodist Urban Ministry to re-establish a service that was previously available to all homeless persons and homeless assistance providers. The service was funded under a grant from another source which has not been reauthorized by Congress. This individual will develop a database of available housing and landlords and works with individuals and agencies to obtain housing as homeless persons or families are ready to re-establish permanent housing. The Human Services Department is requesting funding for a project to coordinate efforts of the United Way, the City, and homeless providers to develop and implement a comprehensive database which will meet the needs of users (agencies), planners, and funding agencies. The Transitional Housing for Dual Diagnosis project would provide supportive transitional housing for hard to engage homeless people with serious and persistent mental illness and drug and alcohol issues as a next step for those living in the Safe Haven or for those not eligible for the safe haven. The Supportive Outreach Case Management project would provide continued support for previously homeless persons who were identified and provided initial services through an innovative grant funded by the Department of Housing and Urban Development. The innovative grant is expiring and is not eligible for renewal. The amount of funding available to programs in the City of Wichita will depend on the number of geographic locations which submit applications under this NOFA. HUD will make these calculations after all applications have been submitted. All matching funds required by the projects included in this grant would be provided by non-city sources. No general funds are requested. Motion -- Knight moved that the Application be Approved and the Mayor be authorized to sign -- carried and receive funds. Motion carried 7 to 0. CITY COUNCIL AGENDA REPORT FROM COUNCIL INTERVIEW PANEL: APPOINTMENT OF ADMINISTRATIVE HEARING OFFICER. Council Member Gale Council Member Gale reviewed the Item. All candidates for the Administrative Hearing Officer position were interviewed by a panel and ranked three final candidates. An interview panel presented recommendations and Bruce Brown is being recommended for the position. Motion -- Gale moved that Bruce Brown be appointed the Administrative Hearing Officer. -- carried Motion carried 7 to 0. BOARD APPOINTMENTS BOARD APPOINTMENTS (FOR TERMS EXPIRING JUNE 30, 1999). Art Museum Board (7 appointments) Board of Appeals of Air Conditioning, Refrigeration, Warm Air Heating and Boilers (2 appointments - Mobile Home Mechanic and Architect) Board of Appeals of Plumbers and Gas Fitters (1 appointment - Public at large) Board of Code Standards and Appeals (3 appointments - 1 Citizen at large, 1 Architect) Board of Electrical Appeals (1 appointment - Public at large) Board of Park Commissioners (1 appointment - Ferris) Civil Rights and Services Board (1 appointment - Lambke) Commission on the Status of People with Disabilities (2 appointments - Gale, Lambke) Group Life Insurance Board (2 appointments) Historic Preservation Board (1 appointment - Kamen) Library Board (3 appointments - 2 Lambke, 1 Rogers) Metropolitan Transit Authority (1 appointment - Kamen) Police and Fire Retirement Board of Trustees (1 appointment - Lambke) Wichita Athletic Commission (3 appointments) Wichita Commission on the Status of Women (1 appointment - Gale) Wichita Employees' Retirement Board (3 appointments - Ferris, Lambke, Knight) Wichita-Sedgwick County Alcohol and Drug Abuse Advisory Board (1 appointment - Youth) Wichita-Sedgwick County Board of Health (1 appointment - Veterinarian) Motion -- Lambke appointed Marge Zakoura-Vaughan (Disabilities) and moved that the -- carried appointment be approved. Motion carried 7 to 0. Motion -- Kamen appointed Larry Ross (MTA) and moved that the appointment be approved. -- carried Motion carried 7 to 0. APPOINTMENTS APPOINTMENT TO WICHITA PUBLIC BUILDING COMMISSION. Wichita State University President Eugene Hughes has nominated John Morse for reappointment as WSU's representative on the board for a term expiring June 30, 1999. Motion -- Knight appointed John Morse and moved that the appointment be approved. Motion -- carried carried 7 to 0. APPOINTMENTS TO HUMAN SERVICES BOARD. Deferred from meeting of August 5. Recommended appointees to be provided by Council Member Rogers. Council Member Rogers Council Member Rogers stated that he would like to have the Human Services Department rethink the philosophy of appointments which ought to be low income persons but, in light of time restrictions, would move to appoint those previously recommended. Motion -- Rogers appointed Andy Bias (Wichita Metropolitan Family Preservation Agency); Shawn Littlejohn (Northeast Research and Outreach Center); Rev. Sam Muyskens (Inter-Faith Ministries); and Ronald E. Thomas (Goodwill Industries Easter Seal Society of Kansas, Inc.); and moved that the appointments be approved. Motion -- carried carried 7 to 0. PROCLAMATIONS PROCLAMATIONS. Wichita Neighborhoods Say Thanks Day Motion -- Knight moved that the issuance of the Proclamation be authorized. Motion -- carried carried 7 to 0. CONSENT AGENDA Knight moved that the Consent Agenda be approved in accordance with the recommended action shown thereon. Motion carried 7 to 0. BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED AUGUST 11, 1997. At 10:00 a.m., Friday, August 8, 1997, pursuant to advertisements published, bids were received, publicly opened, read aloud and tabulated for the Board of Bids and Contracts: (Ref: Bid analysis report attached to Board of Bids Minutes August 11, 1997) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Lateral 268, Main 5, Sanitary Sewer #22 to serve Avery Addition (north of Murdock, west of Hoover). (468-82690/743054/480397) Does not affect existing traffic. (Council approval date 3-25-97) (District V) WB Carter Construction Co., Inc. - $8,046.00 16" Water Main in Clifton from north Kellogg Frontage Road to Waterman (north of Kellogg, east of Hillside). (448-89137/635375/544637) Traffic to be maintained during construction . (Council approval date 1-14-97) (District II) Associated Construction - $89,636.50 Sanitary Sewer Rehabilitation west of Broadway from Lincoln to Gilbert (west of Broadway, north of Lincoln). (468- 82756/621789/533289) Does not affect existing traffic. (Council approval date 1- 7-97) Municipal Pipe Tool - $30,120.00* AND Sanitary Sewer Rehabilitation west of Lorraine between 15th Street North & 16th Street North (west of Hillside, north of 13th). (468- 82757/621797/533290) Traffic maintained through construction. (Council approval 1-7-97) (District I) Municipal Pipe Tool - $24,650.00* *Total Aggregate Bid - $54,770.00 1997 Contract Maintenance Cold Recycled Paving of Seneca St. North from 37th St. N. to Seneca Drive (40th St. No.). (132324/112000) Traffic to be maintained through construction. (Council approval date 3-4-97) (District n/a) Koch Material - $49,950.80 1997-1998 CDBG Sidewalk Improvements at various locations. (618587/805004) Traffic to be maintained through construction. (Council approval date 7-1-97) (District All) McFadden - $179,800.00 (Engineer's Construction Estimate) Lateral 6, Cowskin Interceptor Sewer to serve Maple Dunes Addition (north of Maple, east of 135th Street West). (468-82714/743203/480409) Does not affect existing traffic. (Council approval date 7-1-97) (District V) Nowak Construction - $88,707.00 Water Distribution System to serve Willowbend North Addition (west of Rock, south of 45th Street North). (448-89146/733881/470466) Does not affect existing traffic. (Council approval date 6-10-97) (District II) WB Carter Construction Co., Inc. - $61,845.00** AND Water Distribution System to serve Willowbend North Addition (west of Rock, south of 45th Street North). (448-89145/733873/470465) Traffic to be maintained through construction . (Council approval date 6-10-97) (District II) WB Carter Construction Co., Inc. - $48,986.00** **Total Aggregate Bids - $110,831.00 Storm Water Sewer 484 to serve Bridgefield Addition (south of Central, east of 127th Street East). (468-82711/750992/485135) Does not affect existing traffic. (Council approval date 5-13-97) (District II) Utility Contractors - $200,869.00 Water Distribution System to serve Bradley Fair 3rd Addition (south of 21st, east of Rock). (448-89162/733949/470472) Does not affect existing traffic. (Council approval date 7-1-97) (District II) Nowak Construction - $33,538.00 Covington and Shefford to serve Pawnee Mesa Addition (north of Pawnee, west of Lark). (472-82820/764324/490535) Does not affect existing traffic. (Council approval date 4-22-97) (District V) Cornejo & Sons - $176,218.25 Knight moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign for the City. Motion carried 7 to 0. VARIOUS DEPARTMENTS/VARIOUS DIVISIONS: Miscellaneous Brake Parts (130849) Automotive Distributing Co., Inc. Item 1 - $20.98 Per Each Item 2 - $29.84 Per Each Item 3 - $31.48 Per Each Item 4 - $33.41 Per Each Item 5 - $21.56 Per Each Item 6 - $23.55 Per Each Item 7 - $19.96 Per Each Item 8 - $59.92 Per Each Item 9 - $30.77 Per Each Item 10 - $26.37 Per Each Item 11 - $38.47 Per Each Item 12 - $38.77 Per Each Item 13%- 20-45% Per Each Price Escalating-2%-10th Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid, and the necessary signatures be authorized. Motion carried 7 to 0. Lateral 71, Main 22, War Industries Sewer to serve Wilson Farms Addition (468-82737/743211/480412) A letter was received from Mies Construction stating that their bid on this Item contained a typographical error and asking that they be released from their obligation in this matter. On motion the Board recommended that Mies Construction be released from their obligation and the Bid be awarded to the next lowest bidder: Utility Contractors - $288,060.00 Knight moved that Mies Construction be released from their obligation and the contract(s) be awarded as outlined above, subject to check, same being the next lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign. Motion carried 7 to 0. LICENSE APPLICATIONS APPLICATION FOR LICENSE FOR ADULT ENTERTAINMENT. Valerie Washington Xcitement Video220 East 21st Street APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1997 (Consumption off Premises) Gary W. Prewitt Phillips 66 Company4821 South Broadway Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 7 to 0. PLANS AND SPECS PLANS AND SPECIFICATIONS. a. Public Improvements in Naftzger Park (Douglas & St. Francis). (472-82734/785527/440083) Does not affect existing traffic. (Council approval date 1-30-96) (District VI) b. Water Distribution System to serve Alcorn Industrial Addition (east of West Street, south of Harry). (448-89119/733642/470442) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 2-11-97) (District IV) c. Lateral 133, Main 4, Sanitary Sewer #23 to serve an unplatted area (south of 36th Street North, east of Arkansas). (468- 82621/742817/480373) Does not affect existing traffic. (Council approval date 7- 16-96) (District IV) d. Lateral 31, Main 1, Westlink Sewer to serve Westfield Acres Addition (north of Maple, west of Tyler). (468- 82753/743229/480413) Does not affect existing traffic. (Council approval date 8- 5-97) (District V) e. Sanitary Sewer Rehabilitation, College Hill Phase IV (south of Douglas, east of Hillside). (468-82757/621557/533266) Does not affect existing traffic. (Council approval date 1-7-97) (District II) f. 12" Water Line from Hydraulic to K-15. (448- 88858/633610/544522) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 7-22-97) (District III & IV) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., August 22, 1997. Motion carried 7 to 0. g. Bicycle/Pedestrian path along Woodlawn/Gypsum Creek/Armour Ditch, from Mt. Vernon to Douglas, Phase I (along Gypsum Creek and Armour Ditch from Woodlawn to Douglas). (472-82572/472- 82573/706127/706135/405166/405167) Traffic to be maintained through construction. (Council approval date 3-14-95) (District II) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., September 12, 1997. Motion carried 7 to 0. SUB. PLANS AND SPECS. SUBDIVISION PLANS AND SPECIFICATIONS. a. Water Distribution System to serve Maple Dunes Addition (north of Maple, east of 135th West). (448-89148/733931/470471) Does not affect existing traffic. (Council approval date 7-1-97) (District 5) b. Water Distribution System to serve Wilson Farms Addition (south of 21st, east of Rock). (448-89158/734004/470478) Does not affect existing traffic. (Council approval date 7-1-97) (District 2) c. Water Distribution System to serve Oak Ridge Second Addition (north of 29th Street North, east of Tyler). (448-89152/734038/470481) Does not affect existing traffic. (Council approval date 7-15-97) (District 5) d. Lateral 73, Main 22, War Industries Sewer to serve Bradley Fair Third Addition (south of 21st, east of Rock). (468- 82744/743187/480410) Does not affect existing traffic. (Council approval date 7- 1-97) (District 2) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., August 22, 1997. Motion carried 7 to 0. PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. Water Distribution System to serve (Regency lakes and Regency Lakes Second) (north of 21st Street North, west of Greenwich). (448- 89131/733758/470453) Does not affect existing traffic. (Council approval date 4- 1-97) (District II) - $163,000.00 b. Water Supply Line to serve Pawnee Mesa Addition (north of Pawnee, west of Lark). (448-88859/733816/470459) Traffic to be maintained during construction. (Council approval date 8-16-94) (District V) - $115,000.00 c. Water Distribution System to serve part of Pawnee Mesa Addition (north of Pawnee, west of Lark). (448-89138/733824/470460) Traffic to be maintained during construction. (Council approval date 4-22-97) (District V) - $73,000.00 d. Lateral 55, Main 4, Southwest Interceptor Sewer to serve Westwood Addition (south of Maple, west of the Big Ditch) (468- 82431/742163/480308) Does not affect existing traffic. (Council approval date 11-29-94) - $21,600.00 e. Lateral 70, Main 22, War Industries Sewer to serve Home Design Center Third Addition north of 29th Street North, east of Rock. (468-82634/742916/480383) Does not affect existing traffic. (Council approval date 8/6/96) - $21,000.00 f. Lateral 378, Southwest Interceptor Sewer to serve Lark Fifth Addition (west of Lark, south of Kellogg). (468-82747/743161/480408) Does not affect existing traffic. (Council approval date 7-8-97) (District V) - $62,220.00 g. Lateral 73, Main 22, War Industries Sewer to serve Bradley Fair Third Addition (south of 21st, east of Rock). (468- 82744/743187/480410) Does not affect existing traffic. (Council approval date 7- 1-97) (District II) - $38,480.00 h. Lateral 376, Southwest Interceptor Sewer to serve Oakridge Second Addition (north of 29th Street North, east of Tyler). (468- 82722/743195/480411) Does not affect existing traffic. (Council approval date 7- 15-97) (District II) - $187,200.00 i. Lateral 71, Main 22, War Industries Sewer to serve Wilson Farms Addition (south of 21st, east of Rock). (468-82737/743211/480412) Does not affect existing traffic. (Council Approval date 7/1/97) - $512,500.00 j. Tyler Road from 29th Street North to 1,969' south to serve Bradford North Addition (west of Tyler, south of 29th Street North). (472- 82788/82679/706507/764183/405204/490521) Tyler shall be closed during construction. (Council approval date 7-8-97) (District V) - $334,520.00 k. Bay Country, Bay Country Circle and Cindy to serve Country Meadows West (north of Central, west of 119th Street West). (472- 82777/764274/490530) Does not affect existing traffic. (Council Approval Date 3- 18-97) - $300,000.00 l. 8" Water Main Replacement (St. Francis, from Douglas to Second). (448-89116/634782/544133) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 1-14-97) (District VI) - $242,819.80 m. Water Main in 29th Street North from Tyler to Ridge. (448-89047/633545/544545) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 1-14-97) (District V) - $500,000.00 n. 16" Waterline in Tyler from 29th Street North to 1/4 mile south of 29th Street North. (448-89105/635334/544633) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 1-14-97) (District V) - $79,000.00 Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 7 to 0. 21ST STREET NORTH PETITIONS FOR ACCEL-DECEL AND LEFT TURN LANES ON 21ST STREET NORTH, EAST OF ROCK ROAD. (District II) Agenda Report No. 97-704. The City Council previously approved Petitions for accel- decel and left turn lanes to serve the commercial area along 21st Street, east of Rock Road. An attempt to award a construction contract within the budget set by the Petitions was not successful. New Petitions with increased budgets have been submitted. The signatures on the new Petitions represent 100% of the improvement district. The original Petitions totaled $187,000. The new Petitions total $240,000. The funding source is Special Assessments. State Statutes provide that a Petition is valid if signed by a majority of property owners or by owners of the majority of the property in the improvement district. Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-97-296 Resolution of findings of advisability and Resolution authorizing construction of an accel-decel lane Number 472-82728 (south of 21st, east of Webb) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-297 Resolution of findings of advisability and Resolution authorizing construction of an accel-decel lane Number 472-82580 (north of 21st, east of Rock) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. BOARD MINUTES MINUTES OF ADVISORY BOARDS. Board of Electrical Appeals, 7/8/97 Board of Housing Commissioners, 5/15/97 Board of Housing Commissioners, 5/29/97 Board of Housing Commissioners, 6/19/97 Board of Zoning Appeals, 6/24/97 Metropolitan Area Planning Commission, 5/29/97 Metropolitan Area Planning Commission, 6/5/97 Metropolitan Area Planning Commission, 6/12/97 Metropolitan Area Planning Commission, 6/19/97 Wichita Metropolitan Transit Authority, 6/26/97 Wichita Public Library, 6/15/97 Wichita/Sedgwick County Board of Health, 6/10/97 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 7 to 0. DOCUMENTS DEDICATIONS AND EASEMENTS. a. Two easements dated May 22, 1997, and July 11, 1997, from Melvin and Ruth Bird and Mark and Tonya Haugen for tracts in Avery Addition. (Lat 268, M5, SS 22, Index 743054) (no cost to City). b. Easement dated July 1, 1997, from John W. McKay for a tract in Regency Lakes Second Addition (SWD #128, Index 750950) (no cost to City). c. Easement dated July 16, 1997, from Elmer L. Karstensen for a tract in the Village Second Addition (Dry Creek Interceptor, Index 632414) (no cost to City). d. Easement dated June 4, 1997, from Richard J. Peckham for a tract in Mobile Manor South Addition (Private Water, Index 607861) (no cost to City) Has been filed and recorded. e. Six easements dated May 6, 1997, June 6, 1997, July 9, 10, 11, and 26, 1997, from Ethyl C. Cooper, James and June Hall, Debbra McGinnis, Jacqueline and Gumersindo Alvarez, Johnny and Sarah Nash, and Phil Martinson for tracts in the NE 1/4 Section 32 Twp 26S R1E (Lat 133, M4, SS 23, Index 742817) (No cost to City) Motion -- Knight moved that the documents be received and filed and the Clerk be -- carried instructed to record with the Register of Deeds. Motion carried 7 to 0. STREET CLOSURES CONSIDERATION OF STREET CLOSURES/USES. Agenda Report No. 97-705. In accordance with the Special Event Procedures, event sponsors are to notify adjacent property owners and coordinate arrangements with Staff, subject to final approval by City Council. The following Special Event requests have been submitted: 1) Wichita Racquet Club Fun Run Walk Date of event: Saturday, August 23, 1997 Location: Wichita Racquet Club, 1551 North Rock Road 2) Sixth Annual East vs. West Run Date of event: Sunday, August 31, 1997 Location: Old Town 3) Third Annual AIDS Walk Date of event: Saturday, August 23, 1997 Location: Riverside and North Riverside Park Areas 4) LIFE CHAIN Date of event: Sunday, October 5, 1997 Location: Various Intersections Inasmuch as possible, event sponsors are responsible for all costs associated with special events. Motion -- Knight moved that the request be approved subject to: (1) Event Sponsors notifying every property and/or business adjoining any portion of the closed street; (2) Coordination of event arrangements with City Staff; (3) Hiring off- duty public safety officers as required by the Police Department; (4) Obtaining barricades to close the streets in accordance with requirements of Police, Fire and Public Works Departments; (5) Submitting a Certificate of Insurance evidencing general liability insurance which covers the event and its related activities, including the naming of the City as an additional insured with respect to the event's use of the closed City streets. -- carried Motion carried 7 to 0. LARK FIFTH ADDITION AGREEMENT FOR DESIGN SERVICES FOR LARK FIFTH ADDITION. (District VI) Agenda Report No. 97-706. The City Council approved the Lark Fifth Addition plat on July 8, 1997. The Agreement between the City and Baughman Co., P.A. provides for the design of Lateral 378, Southwest Interceptor Sewer; Water Distribution System No. 448 89166; Water Distribution System No. 448 89167; and paving Lark Lane Courts (west of Lark, south of Kellogg). Because Baughman Co. provided subdivision engineering services for this addition, it can expedite construction plan preparation. Payment will be on a lump sum basis not to exceed $27,800 and will be paid by Special Assessments. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. BRADLEY FAIR THIRD AGREEMENT FOR DESIGN SERVICES FOR BRADLEY FAIR THIRD ADDITION. (District II) Agenda Report No. 97-707. The City Council approved the Bradley Fair Third Addition plat on July 1, 1997. The proposed Agreement between the City and Professional Engineering Consultants, P.A. (PEC) provides for the design of Lateral 73, Main 22, War Industries Sewer; Water Distribution System No. 448 89162; and paving decel and left turn lane on 21st Street (south of 21st, east of Rock). Because PEC provided subdivision engineering services for this addition, it can expedite construction plan preparation. Payment will be on a lump sum basis not to exceed $30,900 and will be paid by Special Assessments. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to sign. -- carried Motion carried 7 to 0. WESTFIELD ACRES AGREEMENTS TO RESPREAD SPECIAL ASSESSMENTS IN WESTFIELD ACRES ADDITION (NORTH OF MAPLE, WEST OF TYLER). (District V) Agenda Report No. 97-708. The developers, Herbert and Delaine Lacy have submitted Agreements to respread special assessments. Westfield Acres is a suburban type development of single- family homes on large lots. The developers are planning an infill project of additional homes. The purpose of the Agreements is to respread existing special assessments to accommodate the new home construction. There is no cost to the City. Motion -- Knight moved that the Agreements be approved and the Mayor be authorized to sign. -- carried Motion carried 7 to 0. CDBG CONTRACT CDBG CONTRACT AMENDMENT - COMMUNITY HOUSING ORGANIZATION OF WICHITA/SEDGWICK COUNTY, INC. Agenda Report No. 97-709. On June 4, 1994, the City Council approved the use of Community Development Block Grant (CDBG) funds to establish Community Housing Services of Wichita/Sedgwick County, Inc. (CHOWS), under the auspices of the Neighborhood Reinvestment Corporation. The CDBG funded services are provided in the KenMar neighborhood, bounded by 13th/Kensington, Vesta/Old Manor. Initial CDBG funding of $100,000 for a revolving loan program and $50,000 for operating costs was provided for period October 1, 1995 through June 30, 1996. A second allocation in the same amounts was made for period of July 1, 1996 through June 30, 1997. Since July 1996, staff has worked with CHOWS and Neighborhood Reinvestment Corporation to refine operating procedures to better meet auditing requirements and federal regulations pertaining to revolving funds. Additionally, guidelines of individual housing program elements have been improved to better fit the needs of the KenMar neighborhood. Boundaries of the targeted area have also been extended west from Belmont to Vesta. This amendment adds the second allocation of $150,000 and incorporates changes in program elements, and boundaries. Additionally, Neighborhood Housing Services Lender's Agreement approved by the City June 17, 1997 is incorporated into the amendment. The additional funds of $150,000 will provide $50,000 for operating costs and $100,000 for the revolving loan fund. Motion -- Knight moved that the contract amendment be approved and the Mayor be authorized -- carried to sign. Motion carried 7 to 0. EMERGENCY SHELTER GRANT EMERGENCY SHELTER GRANT CONTRACT - SALVATION ARMY. Agenda Report No. 97-710. On March 4, 1997 the City Council approved the Emergency Shelter Grant allocations to be included in the City's 1997/98 Housing and Urban Development (HUD) Consolidated Plan. The Plan provides funds for a number of homeless agencies for operations, essential services, and homeless prevention. Five previous contracts using these funds were approved by the Council and the final 1997/98 contract is being brought before the Council for approval. The contract before the Council is an Emergency Shelter Grant contract with the Salvation Army. The contract provides funding for operations and essential services activities and is consistent with the City's HUD Consolidated Plan as approved by the Council. The contract period is July 1, 1997 through June 30, 1998. The maximum contract amount is $27,687. These federal HUD funds are available through the Stewart B. McKinney Homeless Assistance Act and the contract obligates no general fund moneys. Motion -- Knight moved that the contract be approved and the Mayor be authorized to sign. -- carried Motion carried 7 to 0. ENVIRONMENTAL EDUCATION REPORT ON ENVIRONMENTAL EDUCATION CAMPAIGN. Agenda Report No. 97-711. The City Council has approved and budgeted $300,000 total for 1997 for a comprehensive environmental education program. This program was first established in 1993 based on recommendations from a task force of citizens which believed the City of Wichita needed to play an active role in promoting and educating people about recycling, water conservation and other environmental issues. It is proposed to continue that mass media public awareness campaign for the remainder of 1997 with environmental messages on a variety of topics including solid waste options, recycling, household hazardous waste and water conservation. on August 5, 1997, the City Council approved hiring On the Lake Creative Services to assist the City in media planning and placement to ensure the most efficient use of those advertising funds. The advertising budget for August through December of 1997 is proposed at $130,000 to be funded from the Environmental Trust Fund and Water Conservation Fund. Motion -- Knight moved that the expenditure of funds for the 1997 Environmental Education -- carried campaign be approved. Motion carried 7 to 0. PROPERTY ACQUISITION ACQUISITION OF A PORTION OF PROPERTY LOCATED AT 2920 WEST CENTRAL (TRACT #3) FOR THE CENTRAL AVENUE IMPROVEMENT PROJECT FROM WEST TO MCLEAN. (District VI) Agenda Report No. 97-712. The Central Avenue Improvement Project from West Street to McLean Boulevard, approved by Council on September 17, 1996, requires the partial acquisition of three tracts along the north side of Central near St. Paul. These tracts include Tract #3 which is owned by Johnson's General Stores, Inc. The property to be acquired is described as the south ten feet of Lots 93, 94 and 95, Sim Park Gardens Addition to Wichita, Sedgwick County, Kansas. The tract contains approximately 1,850 square feet and is developed as a parking for a retail facility. The tract being acquired is paved and includes an area light and a sign standard. The property was appraised at $9,100 ($4.92 per square foot). The property owner has agreed to sell the property to the City for this amount. The cost to relocate the sign and light pole were estimated at $5,100 and the owner has agreed to accept this amount and take responsibility for the required relocations. The 1996 Capital Improvement Program includes $50,000 to acquire the necessary right-of-way for the project along Central. The funding source is General Obligation Bonds. The budget of $14,400 includes $9,100 for the acquisition, $5,100 for the relocation and $200 for closing costs. The prior approved budget was $13,730 and included $13,530 for the acquisition and $200 for closing costs, and title insurance. The $14,400 would increase the total expenditures to date to $28,130. This is the final acquisition for the project. The Law Department has reviewed the settlement and believes that the total of a condemnation award and and associated costs will likely exceed the cost of the acquisition and settlement. Motion -- Knight moved that the budget and the Contracts be approved; and the Mayor be -- carried authorized to sign the necessary documents. PROPERTY ACQUISITION ACQUISITION OF A PORTION OF PROPERTY LOCATED AT 506 SOUTH SENECA FOR THE MAPLE AND SENECA IMPROVEMENT PROJECT. (District VI) Agenda Report No. 97-713. The Maple and Seneca Improvement Project, approved by Council on August 20, 1996 requires the acquisition of twenty-two (22) partial takes. One of these tracts is Tract #5 which is owned by Harriet E. O'Donnel and is more fully described on the tract map and legal description. The subject tract contains approximately 562.5 square feet and is improved with a single family home. The taking will not impact the improvements. A formal appraisal of the property was not performed; however, a value of $1,135 for the site was established based on market comparables and appraised values of other tracts in the project. The owner has agreed to sell the property for $2,812.50. Because of the cost of eminent domain, acceptance of the offer is recommended. The Budget of $2,862.50 includes $2812.50 for the acquisition, and $50 for closing costs. This is the fourteenth tract acquired for the project. After the purchase of this property, eight will remain to be acquired through either negotiation or eminent domain. Expenditures of $54,215.50 has already been approved or are under consideration for the previously approved acquisitions. Motion -- Knight moved that the Budget be approved, the Real Estate Purchase Contract be approved and the Mayor be authorized to sign the Real Estate Purchase Contracts -- carried and any other necessary documents. Motion carried 7 to 0. AIRPORT PROJECT CAPITAL PROJECT INITIATION - AIRFIELD LIGHTING. Agenda Report No. 97-714. The Airfield Lighting represents improvements that will be made to Mid-Continent Airport subject to further action and approval by the Wichita Airport Authority. The project utilizes 90% construction funding from the Federal Aviation Administration. The project has been included in a Capital Improvement Program of the City of Wichita. This action approves only the intent to use City of Wichita bonding authority in the future and does not specifically authorize the issuance of debt nor does it preclude the use of any substitute funding source. The total cost for the capital improvements less Federal Aviation Administration grant contributions, based on the best present information, is $55,000. Motion -- carried Knight moved that the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-97-298 A Resolution declaring that a public necessity exists for, and that the public safety, service, and welfare will be advanced by, the making of certain capital improvements to the Wichita Mid-Continent Airport Facility operated by the Wichita Airport Authority of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. AIRPORT PROJECT CAPITAL PROJECT INITIATION - UTILITY EXTENSIONS AND MODIFICATIONS - 1997. Agenda Report No. 97-714. The Utility Extensions and Modifications - 1997 represents improvements that will be made to Mid-Continent Airport subject to further action and approval by the Wichita Airport Authority. The project has been included in a Capital Improvement Program of the City of Wichita. This action approves only the intent to use City of Wichita bonding authority in the future and does not specifically authorize the issuance of debt nor does it preclude the use of any substitute funding source. The total cost for the capital improvements, based on the best present information, is $35,000. Motion -- carried Knight moved that the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-97-299 A Resolution declaring that a public necessity exists for, and that the public safety, service, and welfare will be advanced by, the making of certain capital improvements to the Wichita Mid-Continent Airport Facility operated by the Wichita Airport Authority of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. STREET LIGHTING STREET LIGHTING RESOLUTION #3-97. Motion -- carried Knight moved that the Resolution be Adopted. Motion carried 7 to 0. RESOLUTION NO. R-97-300 A Resolution authorizing and directing Kansas Gas and Electric, a Western Resources Company, to install and/or change certain street lights in the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCES SECOND READING ORDINANCES. (First Reading 8/5/97) a. IRB - Old Town Center, L.L.C. ORDINANCE NO. 43-549 An Ordinance of the City of Wichita, Kansas, authorizing the issuance of $1,700,000 aggregate principal amount of Taxable Industrial Revenue Bonds, Series VII-A, 1997 (Old Town Center, L.L.C.) and $560,000 aggregate principal amount of subordinated Taxable Industrial Revenue Bonds, Series VII-B, 1997 (Old Town Center, L.L.C.) for the purpose of providing funds to acquire, purchase, renovate, and equip an office building; prescribing the form and authorizing the execution of a lease agreement by and between the City and Old Town Center, L.L.C.; approving the form of a guaranty agreement; approving the form of an individual guaranty agreement; authorizing the execution of a bond purchase agreement by and between the City, Old Town Center, L.L.C., and Chapman Securities, Inc., as purchaser of the Series VII-A, 1997 bonds and the Series VII-B, 1997 bonds, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. Kamen abstained. b. Wichita Airport Authority Membership. ORDINANCE NO. 43-553 An Ordinance of the City of Wichita pertaining to membership of the Wichita Airport Authority; amending Section 2.12.1042 of the Code of the City of Wichita and repealing the original of said Section, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. c. Position Classifications. ORDINANCE NO. 43-554 An Ordinance establishing position classifications for employees of the City of Wichita and prescribing pay rates by reference to position classifications in the schedule of pay rates repealing Ordinance No. 43- 329, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. d. Uniform Schedule of Standard Pay Ranges. ORDINANCE NO. 43-555 An Ordinance providing for a uniform schedule of standard pay ranges for all employees of the City of Wichita, repealing Ordinance No. 43- 517, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. e. Finance Management System - Client-Server Equipment Update. (First reading 7/15/97) ORDINANCE NO. 43-556 An Ordinance determining the necessity for updating the City's existing Financial Management System by acquiring a client-server version including related equipment and providing that the cost of said acquisition shall be paid by the City of Wichita, Kansas, at large through the issuance of general obligation bonds of the City of Wichita, Kansas, under the authority vested in the City under Article 12, Section 5 of the Constitution of the State of Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. f. Charter Ordinance - Wichita Airport Authority Membership. CHARTER ORDINANCE NO. 169 A Charter Ordinance of the City of Wichita pertaining to membership of the Wichita Airport Authority; exempting the City of Wichita from provisions of K.S.A. 3-163 and providing substitute provisions on the same, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. PLANNING AGENDA Marvin Krout Director of Planning stated that Items 34, 35, 37, and 38 could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Knight moved that Planning Agenda Items 34, 35, 37, and 38 be approved as -- carried consensus Items. Motion carried 7 to 0. A97-20 A97-20 - REQUEST TO ANNEX PROPERTY ADJOINING THE CITY AND GENERALLY LOCATED EAST OF WEBB ROAD ON THE NORTH SIDE OF HARRY STREET. (District II) Agenda Report No. 97-715. Orlin Ard Jr., the contract purchaser of this property, has requested that property located on the north side of Harry east of Webb Road be annexed into the City of Wichita. The property to be annexed is bordered by Wichita on the north, east and west. This tract of land is approximately 4.59 acres in size. The proposed annexation site is currently being platted; the final plat was approved by the Metropolitan Area Planning Commission on July 17, 1997. The property is currently developed with a day care school on the northwest portion of the site, the remainder of the site is undeveloped. Property to the north is zoned "TF-3" Two-Family Residential and is developed with duplexes. The adjacent area to the east is zoned "GO" General Office and is developed with an office complex. Property to the west is zoned "LC" Limited Commercial and is developed with a bank and restaurant. Across Harry to the south is a mix of commercial uses and a single-family residence on property zoned "LC" Limited Commercial and "TF-3" Two-Family Residential. The applicant applied for and received a zone change for this property, which is now entirely zoned "LC" Limited Commercial. This zone change was approved by the Sedgwick County Board of Commissioners on January 8, 1997, subject to a protective overlay and platting of the property within one year. A Conditional Use request for a self-storage facility on the eastern portion of the property was heard by the MAPC on July 31, 1997, and approved. The MAPC action is final unless appealed to the City Council by August 14, 1997. The City Engineer's office indicates that city water and sewer service are available to serve this site. The applicant will be responsible for all costs associated with connection to city water, sanitary sewer and storm sewer. The property has access to Harry, a 2-lane paved section- line arterial, with an existing traffic volume of approximately 6,116 average daily trips (ADT) east of Webb Road. The 2020 Transportation Plan projects traffic along Harry to increase to approximately 16,347 ADT for this segment. Harry is also projected by the 2020 Transportation Plan to become a 4-lane arterial. The latest edition of the Transportation Improvement Program shows Harry to be reconstructed and widened between Webb and Greenwich in late 1997. The Wichita Fire Department indicates fire protection can be extended to the requested annexation area with a 4 minute response time from City Fire Station Number 15, located at the corner of Lincoln and Rock Road. Upon annexation, police protection will be provided to the area by the Patrol East Bureau of the Wichita Police Department. The closest city park to the area is Harrison Park, which is approximately 1/4 mile north of the site and is 40.15 acres. Urban Growth Area & Policy 32: This property is located within the urban growth area of the City of Wichita as delineated by the Comprehensive plan for the metropolitan area, and is also inside the Policy 32 urban service area. On the basis of the foregoing information, the annexation of this property does not appear to result in additional future extraordinary expenses to the City-at-large. The property is eligible for annexation under K.S.A. 12- 520 (7) of State Law. Motion -- Knight moved that the annexation request be approved and the annexation -- carried Ordinance be placed on first reading. Motion carried 7 to 0. ORDINANCE An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, introduced and under the rules laid over. A-97-20 S/D 97-45 S/D 97-45 - PLAT OF SMITHMOOR SIXTH ADDITION LOCATED SOUTH OF HARRY AND WEST OF GREENWICH. (District II) Agenda Report No. 97-716. Staff Recommendation: Approve the plat. MAPC Recommendation: Approve the plat. This is a replat of Smithmoor Fifth Addition previously approved on August 13, 1996. When Smithmoor Fifth was approved, there were guarantees of City water, Four Mile Creek sanitary sewer, and paving improvements associated with this plat. Therefore, no new guarantees were required. To provide for off-street parking for lots adjacent to narrow streets, a covenant has been submitted requiring that four off-street spaces be provided for each such lot. This plat has been reviewed and approved by the MAPC subject to conditions and recording within 30 days. Motion -- Knight moved that the document be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be -- carried authorized to sign. Motion carried 7 to 0. S/D 97-47 S/D 97-47 - PLAT OF LOWE'S ADDITION LOCATED AT THE SOUTHWEST CORNER OF MAPLE AND (Item No. 36) RIDGE ROAD. (District V) Marvin Krout Director of Planning said a one week deferral had been requested. Motion -- carried Knight moved that this Item be deferred one week. Motion carried 7 to 0. D-1719 D-1719 - DEDICATION OF REAL ESTATE TO THE PUBLIC FOR STREET RIGHT-OF-WAY LOCATED AT 1302 WEST 35TH STREET NORTH, WALNUT GROVE ADDITION. (District VI) Agenda Report No. 97-718. MAPC Recommendation: Accept the dedication. The dedication is a requirement of the Subdivision Regulations for issuance of a building permit. The dedication has been reviewed and approved by the MAPC. Motion -- Knight moved that the documents be received and filed and the City Clerk be -- carried instructed to record with the Register of Deeds. Motion carried 7 to 0. D-1720 D-1720 - DEDICATION OF REAL ESTATE TO THE PUBLIC FOR STREET RIGHT-OF-WAY LOCATED AT 1724 WEST MACARTHUR ROAD. (District IV) Agenda Report No. 97-719. MAPC Recommendation: Accept the dedication. The Dedication is a requirement of the Subdivision Regulations for issuance of a building permit. The dedication has been reviewed and approved by the MAPC. Motion -- Knight moved that the documents be received and filed and the City Clerk be -- carried instructed to record with the Register of Deeds. Motion carried 7 to 0. Mayor Knight momentarily absent with Vice Mayor Cole in the Chair. Z-3220 Z-3220 - REQUEST FOR ZONE CHANGE FROM "B" MULTI-FAMILY RESIDENTIAL TO "LC" LIMITED COMMERCIAL AND "GO" GENERAL OFFICE, LOCATED NORTH OF KELLOGG, EAST OF EDGEMOOR. (District II) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 97-720. The applicant requests a zone change from "B" Multi- Family Residential to "LC" Limited Commercial and "GO" General Office on a platted 4.54 acre lot located in an area north of Kellogg, east of Edgemoor. The application indicates the change in zoning for commercial and office development. The concept plan as submitted, shows the property developing with six parcels ranging in size from 1.61 acres to 0.47 acres. The entire site will be restricted under a proposed Protective Overlay that addresses permitted uses, architectural controls, screening and landscaping, access control, lighting, and signage. Parcel 1 (1.61 acres) is located in the southwest corner of the application area and is to be rezoned to "LC". Parcel 1 is shown to have two openings to Edgemoor and a future opening to the proposed frontage road, with complete access control to the surrounding parcels. Parcels 2 and 3 (0.95 acres total) will be rezoned to "GO" and will share an opening to Lexington to the north with complete access control to the surrounding parcels. Parcels 4 through 6 (1.85 acres total) will share one opening to Lexington, one opening to Ridgecrest (to be located in an un-intrusive manner as possible for the residences to the east), and one opening to the proposed frontage road. The southern 150 feet of this property has been sold to the City as part of the Kellogg expansion and is not included in the rezone. The intersection of Kellogg and Edgemoor is the ending point of the first phase of the expressway. No improvements to Edgemoor are scheduled as part of that project, and the City will not extend a frontage road between Edgemoor and Ridgecrest. The second phase of the Kellogg project, which is not now scheduled for construction, will bring the main lanes of Kellogg under Edgemoor, with a frontage road across the southern property line, and will allow the subject property several points of access to that frontage road. The site currently has a paved parking area in the southern portion of the application area with an access drive to Edgemoor and Ridgecrest. There is a median break that allows left-turns from the property. Plans for the Kellogg project calls for this median break to be closed in the future, creating a solid median up to Lexington. The area is characterized by a mix of zoning districts and uses. East of the subject property is single- family residential uses on property zoned "SF-6" and "TF-3". The Wichita Police Department substation and the Girl Scout Council Service Center is located to the north of the application area on property zoned "SF-6" & "GO". Across Edgemoor to the west is the Veterans Administration hospital on property zoned "GO". Across Kellogg to the south is the location of Western Auto and various other commercial businesses on property zoned "LC". This case was originally scheduled to be heard by the MAPC on February 13, 1997 but was deferred until the March 13, 1997, MAPC hearing due a change in the agent representing the case. The new agent requested another deferral until the April 10, 1997, MAPC hearing in order to discuss the development plans with the neighborhood, as well as work with the neighborhood to release the subject property from a private restrictive covenant that currently controls development on the site. The applicants failed to come to terms with the area residents on rewriting the private restrictive covenant by the April 10, 1997 MAPC hearing, and the item was again deferred for three months. During the Planning Commission's discussion of this matter on July 17, 1997, the agent for the applicant stated that the three-month deferral of the request resulted in the creation of a new private restrictive covenant that will control the development of the property. Representatives of the neighborhood spoke in favor of the proposed covenant and, along with the agent, agreed that it would serve the area residents better than staff s recommended protective overlay. After discussion, the MAPC voted (10-1) to approve the request, subject to replatting the property within one year, as recommended by staff. There is one property owner protesting the request. Motion -- Kamen moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC be approved, subject to the recommended conditions, and the Planning Department be instructed to forward the Ordinance for first reading when the plat is forwarded to the City Council. Motion carried -- carried 7 to 0. Z-3239 Z-3239 - REQUEST FOR ZONE CHANGE FROM "SF-6" SINGLE-FAMILY RESIDENTIAL TO "GC" (Item No. 40) GENERAL COMMERCIAL, LOCATED 1/4 MILE EAST OF BROADWAY, NORTH OF MACARTHUR. (District III) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 97-721. The applicant requests a zone change from SF-6" Single- Family Residential to GC General Commercial on an unplatted 3 acre tract generally located 1/4 mile east of Broadway, north of MacArthur. The applicant intends to develop the site as a self-storage warehouse facility. The surrounding property to the east, north and immediately to the west is zoned SF-6" Single- Family Residential, with property further to the west zoned GC General Commercial. There are two single-family residences flanking the application area to the east and west, with the property to the north developed with several buildings associated with a commercial nursery. There are several vacant lots further to the west, between the residence and the commercial corner at Broadway. Across MacArthur to the south is a single-family residence surrounded by the Arrow Wrecker Service on property zoned LI Limited Industrial and GC General Commercial. The property adjacent to the east was the subject of a zone change from SF-6" to GC , which received approval by the Board of City Commissioners on August 29, 1972. The case was marked denied and closed due to a failure to plat the property, however, there appears to be a non- conforming equipment sales use currently operating at that location. CPO Council 3 considered the request during their July 10, 1997 meeting, where they recommended denial (8-0) based on the potential for undesirable uses on the subject property and that the request would be out of character with the neighborhood. The two residents on either side of the application area spoke against the request, stating that the City fails to enforce code requirements associated with zone changes and that they were worried about what was actually going to develop on the property. During the Planning Commission's discussion of this matter on July 17, 1997, the agent for the applicant stated that the applicant is proposing to develop the subject property with a vehicle sales lot on the front half of the site, with a self-storage warehouse facility on the rear half of the site at some point in the future. The two residents from the neighborhood again spoke against the request, stating that the proposed car lot and storage uses would be out of character with the neighborhood and that the GC zoning district would allow unwanted uses to locate next to them. After discussion, the MAPC voted (7-2) to approve the request, subject to platting the property within one year, as recommended by staff. Council Member Lambke Council Member Lambke stated that he had talked to all involved and everyone was in agreement of approval of the zoning request if an overlay could be provided that would prohibit outside storage. Council Member Lambke clarified (and the applicant who was in the audience indicated agreement) that the outside storage did not apply to operational vehicles which were ready for sale. Cars would not be allowed as temporary storage while waiting to be repaired. The applicant is planning on constructing a building which would provide the necessary storage. Council Member Lambke also mentioned a medial along MacArthur which limits access to the property and now requires a U-turn too close to I-35. Motion -- Lambke moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC be approved, subject to the recommended conditions and the condition of an overlay prohibiting outside storage, and the Planning Department be instructed to forward the Ordinance for first reading when -- carried the plat is forwarded to the City Council. Motion carried 7 to 0. EXECUTIVE SESSION Motion -- Knight moved that the Council recess to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to legal advice and contract negotiations; personnel matters of non-elected personnel; and the regular meeting be resumed no sooner -- carried than 12:20 p.m. in the City Council Chambers. Motion carried 7 to 0. RECESS Council recessed at 11:40 a.m. and reconvened in regular session at 12:25 p.m. Mayor Knight Mayor Knight announced that no action was necessary as a result of the executive session. ADJOURNMENT The City Council meeting adjourned at 12:25 p.m. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 164 AUGUST 12, 1997 Page 1