MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, July 16, 1996 Tuesday, 9:07 A.M. The City Council met in regular session with Council Member Ferris in the Chair. Council Members Gale, Kamen, Rogers; present. Mayor Knight, and Council Members Cather and Cole; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk, and Kathy Pewewardy, Deputy City Clerk; present. The invocation was given by Rev. Rick Church, Sunnyside Baptist. 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 July 9, 1996, were -- approved approved 4 to 0. (Cather, Cole, Knight; absent) AWARDS AND PRESENTATIONS SERVICE CITATIONS Council Member Ferris presented Distinguished Service Citation. PUBLIC AGENDA COMMENTS BY DON CALHOUN. Don Calhoun Don Calhoun spoke regarding the need for paving on 20th from Piatt to Hydraulic, and sidewalk on Hydraulic from 13th to 17th (a person in the audience also mentioned 9th and Cleveland). Mr. Calhoun asked the City for some kind of commitment regarding when the paving and sidewalk could be done and how long completion would take. Mr. Calhoun said the area had been unsuccessful in obtaining a petition and asked whether some type of funding might be available. Council Member Rogers Council Member Rogers stated that he would meet with the Public Works Department, OCI Neighborhood Improvement, and City CDBG representatives regarding the possibility of funds for these purposes; and would contact Mr. Calhoun as soon as possible in this regard. NEW BUSINESS SEWER PETITION PETITION FOR SANITARY SEWER TO SERVE AN AREA SOUTH OF 36TH STREET NORTH, EAST OF ARKANSAS AVENUE. (District VI) Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 96-580. The signatures on the petition represent 90% (five of six owners) of the improvement district area. CPO Council 6 considered the petition on June 26, 1996. The Council voted 7-0 to recommend approval of this project. The project will serve an area of single-family homes that was developed on private septic tank systems. The estimated project cost is $36,000, with the total assessed to the improvement district. The estimated assessment rate to individual properties is $6,000 per tract. Council Member Ferris Council Member Ferris inquired if anyone wished to be heard and no one appeared. Motion -- Kamen moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 4 to 0. (Cather, Cole, Knight; absent) RESOLUTION NO. R-96-286 Resolution of findings of advisability and Resolution authorizing construction of Lateral 133, Main 4, Sanitary Sewer No. 23 to serve an unplatted area (south of 36th Street North, east of Arkansas Avenue) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Kamen moved that the Resolution be adopted. Motion carried 4 to 0. (Cather, Cole, Knight; absent) Yeas: Gale, Kamen, Rogers, Ferris. WATER DISTRIBUTION PETITION FOR WATER DISTRIBUTION SYSTEM TO SERVE AN AREA BOUNDED BY MERIDIAN AND PETITION THE LITTLE ARKANSAS RIVER, NORTH OF 57TH STREET NORTH. (District VI) Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 96-581. The signatures on the petition represent 65% (92 of 150 owners) of the improvement district area. CPO Council 6 considered the petition on June 26, 1996. The Council voted 7-0 to recommend approval of the project. The project will serve an area of single-family homes that is located just beyond the Wichita city limits. The signers of the petition also support annexation by the City. The estimated project cost is $510,000, with the total assessed to the improvement district. The proposed method of assessment is the fractional basis. The estimated assessment to individual properties is $2,000 for tracts of 22,000 square feet or less and $3,000 for tracts over 22,000 square feet. Council Member Ferris Council Member Ferris inquired if anyone wished to be heard. Mary Lou Rivers Mary Lou Rivers, 6027 North Arkansas, spoke in favor of the Project; however, Ms. Rivers said the area across Meridian was not included in the petition and many of those residents also want water and are not opposed to annexation. If the residences not included in the petition want to connect to the water line later, there will be high costs which will require a lump-sum payment rather than the possibility of special assessments spread over 15-years. Ms. Rivers asked how the area not included might be able to participate in the special assessment process. Council Member Ferris Council Member Ferris asked that the City Engineer meet with Ms. Rivers and assist in this matter. Motion -- Kamen moved that the Petition be approved and the Resolution be adopted; and the Staff Screening and Selection Committee be authorized to select a design -- carried engineer. Motion carried 4 to 0. (Cather, Cole, Knight; absent) RESOLUTION NO. R-96-287 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89062 (serving Rio Vista Estates, Rio Vista Estates Second, and Rio Vista Estates Third Additions) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Kamen moved that the Resolution be adopted. Motion carried 4 to 0. (Cather, Cole, Knight; absent) Yeas: Gale, Kamen, Rogers, Ferris. SOLID WASTE MANAGEMENT PUBLIC COMMENT ON SOLID WASTE MANAGEMENT. Council Member Ferris Council Member Ferris inquired if anyone wished to be heard. (During discussion on the White Goods Sorting Program, comments meant for this Item were made and those comments are below.) Larry Ross Larry Ross suggested that, in the Fall, several rounds of meetings in CPO Subdistricts be held during which hands-on demonstrations could be given and information could be distributed regarding how to recycle and how recycling could be accomplished. Regarding a landfill in Sedgwick County, Mr. Ross said that if a determination of the cost for a transfer station is made, for comparison, there should also be a determination of cost for a new "D" landfill in Sedgwick County. 1997-98 BUDGET PUBLIC COMMENT ON 1997-98 BUDGET. There were no public comments. A workshop is scheduled for July 23, 1996. The Council proceeded with the remainder of the Agenda and returned to the following time-certain Item later in the meeting. CONDEMNATIONS REPAIR OR REMOVAL OF DANGEROUS AND UNSAFE STRUCTURES. Agenda Report No. 96-466 (Supp. A). The matter of a public hearing on Condemnation of Structures appeared on the Agenda. On June 4, 1996, a report was submitted by the Superintendent of Central Inspection with respect to the dangerous and unsafe condition of the buildings located on the described properties. On that date, Resolutions were adopted providing for public hearings to be held on each of these condemnation actions at 10:00 a.m., July 16, 1996, and directing that Notices of Public Hearing be given. The Resolutions were duly published on June 5th and June 12th, 1996. A copy of each Resolution was sent by certified mail or given personal service delivery to the owners and lienholders of record of each described property. The Board of Housing Standards and Appeals (BHSA) had previously reviewed each of the properties. Council Member Ferris Council Member Ferris inquired if anyone wished to be heard on properties numbered 1 through 4 and no one appeared. (1) 925 North Ohio (District I) (2) 925 1/2 North Ohio (District I) (3) 1061 North Ohio (District I) (4) 1432 North Emporia (District VI) Motion -- Ferris moved that, on properties numbered 1 through 4, the public hearing be closed, the resolution declaring the building(s) dangerous and unsafe structures be adopted, the recommended time frame to alleviate the findings be approved and any extensions of time granted to repair the structures would be conditioned on the following: As of July 16, 1996, (1) any back taxes now due are to be paid and taxes kept current, (2) the structures are to be kept secured, and (3) the premises are to be kept mowed and free of debris; if any of these conditions are not met, staff is directed to proceed to let for bids to demolish the structure; and the City Clerk be instructed to have the Resolution published once in the official city paper and advise the owners of these findings. Motion -- carried carried 4 to 0. (Cather, Cole, Knight; absent) RESOLUTION NO. R-96-288 A Resolution finding that the structure located on Lots 25 and 27, on Ohio Avenue, in Moore's Addition to Wichita, Sedgwick County, Kansas, commonly known as 925 Ohio, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Ferris moved that the Resolution be adopted. Motion carried 4 to 0. (Cather, Cole, Knight; absent) Yeas: Gale, Kamen, Rogers, Ferris. RESOLUTION NO. R-96-289 A Resolution finding that the structure located on Lots 25 and 27, on Ohio Avenue, in Moore's Addition to Wichita, Sedgwick County, Kansas, commonly known as 925½ Ohio, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Ferris moved that the Resolution be adopted. Motion carried 4 to 0. (Cather, Cole, Knight; absent) Yeas: Gale, Kamen, Rogers, Ferris. RESOLUTION NO. R-96-290 A Resolution finding that the structure located on odd Lots 41 through 47, inclusive, in Wabash Addition to Wichita, Sedgwick County, Kansas, commonly known as 1061 Ohio, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Ferris moved that the Resolution be adopted. Motion carried 4 to 0. (Cather, Cole, Knight; absent) Yeas: Gale, Kamen, Rogers, Ferris. RESOLUTION NO. R-96-291 A Resolution finding that the structure located on Lot 31, and the south 16 feet of Lot 33, on Emporia Avenue, Eagle Addition to Wichita, Sedgwick County, Kansas, commonly known as 1432 North Emporia, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Ferris moved that the Resolution be adopted. Motion carried 4 to 0. (Cather, Cole, Knight; absent) Yeas: Gale, Kamen, Rogers, Ferris. (5) 3889-93 Roseberry (District III) Kurt Schroeder Acting Superintendent of Central Inspection reviewed the Item and reported that because the new owner (as of the end of June, 1996) had initiated repairs and cleaned the property, 60 days was now being recommended to complete exterior repairs. Jim Newhouse Jim Newhouse, the new property owner, said he was in agreement with the recommendation. Motion -- Ferris moved that the public hearing be closed, the resolution declaring the building(s) dangerous and unsafe structures be adopted, the staff recommended time frame to alleviate the findings be approved and any extensions of time granted to repair the structures would be conditioned on the following: (1) any back taxes now due are to be paid and taxes kept current, (2) the structures are to be kept secured, and (3) the premises are to be kept mowed and free of debris; if any of these conditions are not met, staff is directed to proceed to let for bids to demolish the structure; and the City Clerk be instructed to have the Resolution published once in the official city paper and advise the owners of -- carried these findings. Motion carried 4 to 0. (Cather, Cole, Knight; absent) RESOLUTION NO. R-96-292 A Resolution finding that the structure located on Lot 9, except that part lying southeasterly of a line 65.29 feet northwest of the southwest corner and extended northeasterly, parallel to the northwest line, to the northeasterly line, Block F, Planeview Subdivision No. 1, being a subdivision in Section 2, Township 28 South, Range 1 East of the 6th P.M., Sedgwick County, Kansas, commonly known as 2889-93 East Roseberry, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Ferris moved that the Resolution be adopted. Motion carried 4 to 0. (Cather, Cole, Knight; absent) Yeas: Gale, Kamen, Rogers, Ferris. NIP NEIGHBORHOOD IMPROVEMENT PROGRAM (NIP). Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-582. The Neighborhood Improvement Program (NIP) was established in 1987 to provide assistance, both technical and financial, to reduce the deterioration of property, neighborhoods, and community facilities. The program was designed to undertake neighborhood improvements in specific areas, eliminating blighting conditions and providing assistance to restore private investment. The Program's primary focus is to upgrade housing/neighborhood conditions by alleviating deterioration through active code enforcement efforts, and incentives to improve streets, sidewalks, lighting, parks, landscaping (fore- stry), etc. To inform neighborhoods of the Neighborhood Improvement Program application process, staff attended all six CPO Council meetings and provided an overview of the NIP. In addition, information was reported in the Wichita Eagle, shown on the City's Cable Channel #7, a program was telecast on the "City Beat" and a presentation was made at a Wichita Independent Neighborhood (WIN) meeting. Letters and pamphlets were also sent to area neighborhood associations informing them of the application process. In June, 1996, staff met with the contact people for the following proposed NIP areas of 2700 block of North Spruce, 3900-4200 blocks of Whitney Lane, and 600 block of Glenn (bounded by Kellogg on South and University on North). Each contact person informed staff they want to participate in the NIP program. Based on the City Council's Vision Statement, "- where neighbor will reach out to neighbor to clean up a vacant lot or rebuild an old house.." and its goals of vigorous code enforcement and enhancing the Neighborhood Improvement Program, it is obvious that more work has to be done in identifying and targeting neighborhood improvements. To address these housing goals, Staff will work with the CPO Councils and neighborhood associations to participate in this expanded effort to stabilize neighborhoods. With the addition of these three new areas and the continuation of one of last year's location, there will now be four (4) active NIP areas. CDBG funds have been allocated for the 1996-97 NIP program including: curb and gutter improvements, street improvements; sidewalks; paint grants; emergency assistance; and weatherization assistance. While these programs are available in all low/moderate income census tracts, based on the Council's expressed desire to expand neighborhood preservation activities, a special effort will be made to use these funds in the NIP areas. Operating budgets in Central Inspection, Public Works, Park-Forestry, Police and Environmental Health also include funds designated for neighborhood improvement activities. The petitions submitted conform with the requirements of the NIP Program. Discussion was had with regard to NIP and CDBG funds which might be used for paving and sidewalk in the 20th and Hydraulic streets area. Chris Cherches City Manager explained that reconstruction of a dirt street to a paved street would probably take all of the available funds or more. In the past, the City has used some CDBG moneys on a 50/50 (CDBG/property owner assessment) cost share basis for paving projects. There is nothing to prohibit the use of CDBG funds for this purpose; however, there would need to be an increase in the allocation of CDBG Grants to this program. The area in question would also need to be in the eligible census tract area. There are areas within the City with dirt streets that would not be in the eligible census tract area. The City annually carries out a sidewalk replacement program with CDBG moneys and the area in question would be eligible. The commitment the private property owners have to make is to bring the homes in the area up-to-code. There are grant funds, including paint grants, to assist in this endeavor. Council Member Ferris Council Member Ferris inquired if anyone wished to be heard and no one appeared. Motion -- Rogers moved that the 2700 block of North Spruce, 3900-4200 blocks of Whitney Lane, and the 600 block of Glenn (bounded by Kellogg on South and University on North) be designated for inclusion in the 1996-1997 Neighborhood Improvement -- carried Program (NIP). Motion carried 4 to 0. WHITE GOODS PROGRAM WHITE GOODS SORTING PROGRAM AT BROOKS LANDFILL. (District VI) Steve Lackey Director of Public Works reviewed the Item. Agenda Report No. 96-583. On February 6 and February 27, 1996, the City Council reviewed the management for the White Goods Sorting Program at Brooks Landfill. "White goods" are large appliances such as refrigerators, freezers, clothes washers and dryers, dish washers, ranges, water heaters, dehumidifiers and air conditioners. They are generally heavy, bulky and difficult to handle. These appliances contain many materials that can be recycled including steel, aluminum and copper. Cooling units also may contain refrigerants such as Freon, R-22 or R-12, which can also be recycled or reused. These refrigerants contain substances (CFCs and HCFCs) which have been found to contribute to ozone depletion. Federal law prohibits the discharge of these substances to the atmosphere. These refrigerants must be reclaimed by certified technicians when an appliance is discarded and before they are accepted at Brooks Landfill. Appliances may also contain small amounts of other potentially hazardous materials, such as PCBs used as insulation in capacitors, mercury in switches and gauges, and oil in transmissions and compressors. Removal and proper disposal of these materials from discarded appliances prior to shredding or landfilling helps guard against contamination from these substances. At the February 6 and February 27 meetings, the City Council expressed an interest in finding methods to control these materials at Brooks Landfill and assure their proper disposal. The Council also requested that requirements be developed to be placed on the by-product (or "fluff") from shredding facilities before accepting it at the Landfill. The present White Goods Sorting Program at Brooks Landfill is conducted by the Landfill Contractor, Herzog Environmental, under the terms of their contract. Herzog directs white goods to a special drop-off site at the Landfill, where they are unloaded into large roll-off boxes, provided by a recycling contractor (currently Caster Excavating). When the roll-off box is full, Caster hauls it to their shredding facility. No refrigeration appliances are accepted at the Landfill unless refrigerants containing CFCs have been removed. Presently there is no additional charge (other than the normal tonnage rate) to the City or to Landfill customers for sorting and recycling of white goods. When the appliances are received at the Caster recycling facility, they are sorted; some of the fixtures and capacitors are removed; compressors are removed for salvage; and the bulk is shredded for scrap metal. The unusable by-product (or "fluff") from this process is disposed at a landfill. The white goods received from Brooks make up only a small fraction of the goods processed at this facility. The white goods received from Brooks Landfill are processed in the same manner as other white goods from other sources. Tests run on "fluff" samples taken by the Sedgwick County Health Department from the Caster facility indicated small concentrations of mercury and PCBs. In most samples, the concentrations did not exceed the U. S. Environmental Protection Agency (U.S.E.P.A.) or the Kansas Department of Health and Environment (KDHE) limits for landfill disposal. One sample slightly exceeded the EPA limits for PCBs. (The test sample showed 51 ppm, and the EPA allowable limit is 50 ppm.) The higher numbers in April and May reflect the high number of appliances received at Brooks during the Free Days in late April. At least one other facility in the Wichita area also recycles white goods along with other metal products. Samples of their "fluff" were also tested by independent laboratories. Their results also indicated low or negligible contaminants. Information regarding white goods disposal was also gathered from other cities and states as well as guidance information from the KDHE. The State of Kansas allows landfilling of white goods, but encourages recycling whenever possible. One method used in some communities is to impose a ban on white goods at their landfills, and requiring their disposal at other facilities such as recycling facilities. The City of Wichita could impose a ban on white goods at Brooks Landfill. The result would be that white goods currently accepted at Brooks would need to be disposed of elsewhere, primarily at recycling facilities inside and outside the City. The increased cost and inconvenience to citizens to make special arrangements for disposal of appliances would be expected to increase illegal dumping in vacant lots, alleys and roadside ditches. Assuring the proper handling and disposal of potentially hazardous materials at white goods recycling facilities would involve placing requirements on these facilities for documentation and certification. Because these facilities are frequently outside the City of Wichita, the regulations would need to be imposed at the county or state level. As an alternative to a total ban on white goods at Brooks Landfill, the City Council can address most of its concerns by implementing new policies and procedures to be included in the Brooks Landfill Operating Plan. These policies would relate to separation and handling of white goods at Brooks, diverting them to a recycling facility, and assuring that "fluff" coming into Brooks from white goods processing facilities meets appropriate standards. The policy should incorporate: * Separation of white goods at the Landfill * Timely removal of white goods stored at the Landfill * Routine clean-up of white goods storage area at the Landfill * Identify the recycling company that receives the white goods * Special Disposal Authorization permit required for any industrial residue (such as "fluff") received at the Landfill, including certification that the material has been tested for certain contaminants, and that the test results do not exceed designated levels. Any residue exceeding designated limits would not be allowed for disposal at the Landfill. Two options are shown for setting allowable limits for contaminants in "fluff" received at Brooks. One option is to accept the standards of KDHE and the EPA for allowable levels of contaminants for acceptance to landfills. Another alternative is a "zero tolerance" standard, not allowing any "fluff" with detectable levels of contamination. The City Council, in enacting this policy should determine the level they wish to enforce at Brooks. (EPA/KDHE Standards, Zero tolerance, or something in-between) Under the present White Goods Sorting Program, there is no additional cost to the City for Herzog to direct white goods to a designated area to be picked up by a recycler. There is no impact to the Landfill tipping fee. Under the proposed White Goods Sorting Program, the cost would not change at the Landfill, but recycling companies would be required to bear the cost of having their "fluff" tested for contaminants before being allowed into the Landfill. If the concentrations exceeded the City's limits, the "fluff" would not be allowed at the Landfill, would need to be disposed of in a legal manner, and at a higher cost to the recycler. The Law Department has concurred that the implementation of the White Goods Sorting Program at the Landfill can be accomplished either through a complete ban of white goods, or through a policy and procedures statement directing the handling of white goods in a specified manner. If a policy is adopted, the procedures can be implemented through the Landfill Operations Contract, and staff handling special disposal authorization permits. Any specific requirements related to sorting, handling and recycling of the white goods can be specified in the special contract provisions. The current White Goods Sorting Program at the Landfill is in compliance with applicable rules and regulations, based on the latest guidance regulations received from the KDHE. Regarding the separation and transfer of white goods by the contractor, the City is contractually indemnified from liability with respect to any violation or arguable violation of any environmental laws, restrictions or regulations. Under KDHE regulations, it is legal for white goods to be buried with other waste at a landfill after the CFCs (refrigerants) have been removed. The City is not under a mandate to ban or sort white goods. To conserve Landfill space and to encourage recycling, the Solid Waste Committee recommended a White Goods Sorting Program as is currently in place, and was implemented January 1, 1996. On July 1, 1996, the Wichita- Sedgwick County Solid Waste Management Committee discussed this subject. By a vote of 6 to 5, they recommended to the City Council that they approve the White Goods Sorting Program at Brooks Landfill, adopt the policy and procedures to be included in the Brooks Operating Plan for white goods handling, set the allowable limits of contaminants in white goods shredder fluff to be the same as those set by KDHE, and that staff develop a schedule for the frequency of testing of shredder fluff. Council Member Kamen Council Member Kamen said he would have no problem as long as the City met the specifications set by KDHE and EPA. Fluff has and has not been received at the landfill, depending on the circumstances. Those who bring in fluff, particularly certain operations, would show no problems in tested materials. If fluff were tested on white goods only, some of the problems would be concentrated. Handlers of white goods and other materials could either take care of the problem or shift the problem to the landfill. The City should have a policy regarding fluff which contains hazardous materials exceeding KDHE and/or EPA standards. George Hindergart Health Department, responding to a question, said tests for PCBs or mercury each cost from $40 to $80, are sent in for analysis, and test results take up to two weeks. The additional, if required, leachate (EPA requirement) tests cost $175 each. Council Member Kamen Council Member Kamen said he felt a random, periodical test to see whether fluff remained below the KDHE/EPA standards would be sufficient as long as no problems were found. Then, if it were found that the standards were being exceeded, Staff should work out some means to motivate reduction of hazardous materials or distribution of the materials to a different place. The products are probably being taken to other areas for now but, if other areas strengthen their standards, it is possible the products will probably be returned to Wichita. Steve Lackey Public Works Director said he thought the City would want to treat this like the asbestos disposal matter has been treated in the past. If the City has a program, there needs to be a disposal authorization process in which a form is filled out - even if a test is not required on every load. The disposal operation process costs $98 per load. The City would want to have a record of the material going into the landfill even if it were below EPA standards but still contained contaminants. Council Member Kamen Council Member Kamen stated that he felt that as long as EPA and KDHE standards were met, the materials should be as acceptable as any others and recording of disposition should not be necessary. If the materials exceed EPA and KDHE standards, then they would not be acceptable. An exception should not be made as long as it is not dangerous. When fluff, containing hazardous substances, is concentrated and separated from all fluff in general, there is a chance that the fluff, in its concentrated form, will exceed EPA and KDHE standards. Council Member Rogers Council Member Rogers stated that because no one really knows whether or not a substance, in a concentrated form - in conjunction with other chemicals, is dangerous, it seems that zero tolerance is the policy the City ought to be moving towards. The problem is how to move to the zero tolerance in an effective, economic way so as not to put a disproportionate burden on anyone but to make it, at least, equitable. Steve Lackey Director of Public Works said zero tolerance was discussed by the Committee. It was felt there needs to be a place for the material to be deposited and that is why it was suggested a disposal authorization and testing process be set up. The recycler could remove the material from the white goods and store the material on site for disposal at a hazardous waste facility. While the process would be expensive, that is where everything is headed at some point in the future. That then puts the recycler into a possible situation of being a small hazardous waste generator, depending upon the amount generated, which would also have an economic impact on the recycler. Council Member Rogers Council Member Rogers said his concern is that there needs to be specific identification, step-by-step, of how the City is moving towards zero tolerance so the economic increases can be justified along with the health and safety philosophy. Steve Lackey Director of Public Works stated that, from the research that has been done, it has been found that this matter is handled differently in a lot of different regions and, because it is so debatable, no regulatory agency has developed a rule that has been acceptable to everyone. It is thought that once there is a more aggressive local small generator program, the best that can be done is to test material and keep people advised as to the material being generated and what is and is not acceptable. Council Member Kamen Council Member Kamen said that if regulations are too strict, white goods will then go back into the landfill in total. If a too low tolerance level is set, too many items will have to be banned from the landfill. Council Member Ferris Council Member Ferris inquired if anyone wished to be heard. Larry Ross Larry Ross spoke and then said his remarks were meant for the Solid Waste Management Item. The comments by Mr. Ross are located with the Solid Waste Management Item. Milt Pollitt Milt Pollitt, Solid Waste Management Committee, said that, based on information provided by Staff and others, the Committee indicated that it felt the program was working quite well as far as residents were concerned. There are options as to how the CFCs are removed from the refrigerators. A motion was made, regarding fluff, to continue the existing white goods handling program with a testing schedule for contaminants in shredder fluff to be developed which will use KDHE contamination limits. There was considerable discussion relative to the zero tolerance, particularly with regard to PCBs but the above motion did pass the Committee be a vote if six to five. Motion -- Kamen moved that Staff be advised to work on a policy based on the Solid Waste -- carried Management Committee recommendations. Motion died for lack of second. Motion -- Rogers moved that this Item be deferred one week (for full consideration of the entire Council). Council Member Kamen Council Member Kamen said he had no problem working toward zero tolerance but that he hoped zero tolerance is never reached because it would be economic chaos. Subst. Motion -- Kamen moved a substitute motion that Staff work on a policy based on the Solid Waste Management Committee recommendation and that it be brought back before a -- carried full Council. Substitute motion carried 4 to 0. (Cather, Cole, Knight; absent) WATER SUPPLY AGMT. EMERGENCY WATER SUPPLY AGREEMENT - RURAL WATER DISTRICT #3. David Warren Director of Water and Sewer reviewed the Item. Agenda Report No. 96-584. Rural Water District #3 (RWD #3) was a wholesale water customer of the City of Wichita from 1973 to 1996. In 1992, RWD #3 requested an amendment to their contract with the City of Wichita which would allow for an increase in the number of services they were allowed and a decrease in the minimum parcel size. The Wichita City Council did not approve the amendment, and RWD #3 found another water supply (El Dorado via Augusta). RWD #3 is now requesting permission to maintain its water connection to an existing 12" water supply line of the City's water system, with the right to receive water therefrom as an emergency source of water supply. The District is making this request in response to a recommendation by the Kansas Department of Health and Environment that it maintain a connection to another source of water in the event of an interruption or curtailment of water supply from the District's primary source of supply. Staff developed an Emergency Water Supply Contract that: 1. Makes null and void the current agreement; 2. Defines a water emergency for RWD #3; 3. Assesses no fee for connection, but provides that RWD #3 shall pay for a new meter, for the replacement of the existing meter vault, and for the installation of a mutually acceptable backflow preventer; 4. Provides that the vault, meter, backflow preventer and other appurtenances shall be owned and maintained by RWD #3, while allowing the City access to the meter vault at all times. 5. Reserves for the City the right to curtail and/or interrupt service to the District on those occasions when delivery of the service would be detrimental to the City's retail and wholesale water service customers. 6. Allows periodic testing of the water to prevent "stale " water; to determine the ability of the water supply connection to provide water to meet the demands of the District's customers; and to operate the water system. 7. Sets rates: a. The minimum monthly charge shall be the same as for an outside the City customer with a meter connection of the diameter of the District's, whether or not any water use actually occurs; b. The rate applicable for the volume of water used for testing the system shall be the Retail Volume Conservation Contract; c. The rate applicable in case of emergency activation shall be the rate applied to all other wholesale customers of the City. There is no expense involved for the City. The Agreement absolves the City from any responsibility to provide an ongoing supply of water to the District. The City will derive revenues of less than $1,000 annually from the agreement. Council Member Ferris Council Member Ferris inquired if anyone wished to be heard and no one appeared. Motion -- Rogers moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 4 to 0. (Cather, Cole, Knight; absent) CITY COUNCIL AGENDA MEMORIAL MEMORIAL AT CHILDREN'S PLAYGROUND AREA AT WOODLAND PARK. Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-599. The Board of Park Commissioners recommended that a memorial be established in honor of Ruben Molina, and that the memorial be placed near the children's playground area in Woodland Park, 841 West 21st Street. At the July 8, 1996, meeting, the Board of Park Commissioners, acting in the capacity of the Mayor's Advisory Committee on Naming Public Facilities, reviewed options for memorializing Ruben Andrew Molina, who died of leukemia on June 15, 1996. Before his death, Ruben helped find bone-marrow donors to save the lives of more than thirty local children with leukemia, and established the RUBEN committee (Ruben Unites Brotherly Embers Nationally) which has helped raise leukemia awareness among Latinos nationally. Because of his love of children and his work on behalf of Latino children in the community, the committee felt it was appropriate to place a memorial near the children's playground in Woodland Park, which is also the site for Familia Multicultural Center. The committee also recommended that the City Aesthetic Review Team approve the final design for the memorial before placement. Council Member Ferris Council Member Ferris inquired if anyone wished to be heard and no one appeared. Motion -- Rogers moved that a memorial in honor of Ruben Molina at Woodland Park be -- carried approved. Motion carried 4 to 0. (Cather, Cole, Knight; absent) TRAVEL APPROVAL APPROVAL OF CITY COUNCIL MEMBERS' TRAVEL TO SAN ANTONIO, TEXAS, DECEMBER 7-10, 1996, TO ATTEND 73RD NATIONAL LEAGUE OF CITIES CONGRESS OF CITIES CONFERENCE. Motion -- Ferris moved that the travel expenses be approved and the City Council meeting of -- carried December 10, 1996, be canceled. Motion carried 4 to 0. (Cather, Cole, Knight; absent) APPROVAL OF MAYOR KNIGHT'S TRAVEL TO SEATTLE, WASHINGTON, AUGUST 22-24, 1996, TO ATTEND NATIONAL LEAGUE OF CITIES 4TH ANNUAL LEADERSHIP SUMMIT. Motion -- carried Ferris moved that the travel expenses be authorized. Motion carried 4 to 0. (Cather, Cole, Knight; absent) PROCLAMATION. -- Women, Take Charge of Your Power, Vote Months Motion -- carried Ferris moved that the proclamation be authorized. Motion carried 4 to 0. (Cather, Cole, Knight; absent) CONSENT AGENDA Ferris moved that the Consent Agenda, except Item 29, be approved in accordance with the recommended action shown thereon. Motion carried 4 to 0. (Cather, Cole, Knight; absent) BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED JULY 15, 1996. At 10:00 a.m., Friday, July 12, 1996, 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 7/15/96) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Paving Tippecanoe Avenue from the west line of Tyler to 150 feet east of Callahan in Callahan Addition. (472-82660/763508/490453) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 12/05/95) (District V) Ritchie Paving - $41,247.00 Parking lot, access road, sidewalk and related activities in Edgemoor Park. (472-82671/785519/440082) Access to parking lot should be maintained until September 9, 1996. (Council approval date 01/23/96) (District II) Ritchie Paving - 186,824.00 (TOTAL Alt #2 w/Add Alt #2) Lateral 123, Westlink Sewer to serve Bradford North Addition (west of Tyler, south of 29th Street North). (468-82566/742767/480368) Does not affect existing traffic. (Council approval date 06-11-96) (District VI) Nowak Construction - $237,421.50 Storm Water Drain #121 to serve Lark 3rd Addition (south of Kellogg, east of 119th Street West). (468- 82613/750802/485116) Does not affect existing traffic. (Council approval date 05-21-96) (District V) Utility Contractors - $171,616.00 Crestline from the north line of Pawnee to the south line of Prairie Woods including the eyebrow serving Lots 55 through 58, Block 1, and the eyebrow serving Lots 16 through 19 inclusive, Block 3; and a sidewalk along the east side of Crestline from the north line of Maize Road to the south line of Prairie Woods in Prairie Woods Addition (north of Pawnee, east of Maize). (472-82564/763805/490483) Does not affect existing traffic. (Council approval date 03-21-95) (District V) Ritchie Paving - $107,951.00 Ferris 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 4 to 0. (Cather, Cole, Knight; absent) DEPARTMENT OF FINANCE/DATA CENTER: COMPUTER HARDWARE AND SOFTWARE (035105) AS PER SPECIFICATIONS Inacom Information System - $20,953.35 (Note: Total Net Bid reflects price with item 4 being rejected on all bids.) PARK & RECREATION DEPARTMENT: CONSTRUCT, TEST GRAVEL PACKED WATER WELL AND INSTALLATION OF PUMP EQUIPMENT (785576-2505) AS PER SPECIFICATIONS Layne Western - $32,725.00 PARK & RECREATION DEPARTMENT/CENTURY II: STAGE LIGHTING TRUSS (791202-2999) AS PER SPECIFICATIONS TOMCAT USA, Inc. - $11,342.00 PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS DIVISION: SKID-STEER LOADER (130807-4611) AS PER SPECIFICATIONS Price Bros. Equipment Co. - $23,192.00 PUBLIC WORKS DEPARTMENT/TRAFFIC MAINTENANCE DIVISION: PREFORMED THERMOPLASTIC PAVEMENT MARKINGS (132217- 3599) AS PER SPECIFICATIONS Flint Trading, Inc. - $22,362.60 (Total Net Bid W/Option #1 and Option #2) Item #1 per linear foot $1.833 per foot Item #2 per linear foot $1.833 per foot PUBLIC WORKS DEPARTMENT/MAINTENANCE DIVISION: TRAFFIC SIGNAL LAMPS (130849) AS PER SPECIFICATIONS CED Consolidated Electrical Distributors - $16,080.00 -(Total Net Bid) Item #1 $ .975 per each Item #2 $1.039 per each WATER & SEWER DEPARTMENT/WATER DISTRIBUTION DIVISION: FIRE HYDRANTS (181206) AS PER SPECIFICATIONS WaterPro - $24,481.25 (Total Net Bid) Item #1 #$593.10 per each Item $2 #$604.75 per each Item #3 #$616.40 per each Item #4 #$628.05 per each #Plus applicable sales tax. WATER & SEWER DEPARTMENT/SEWAGE TREATMENT DIVISION: REPLACEMENT AND UPGRADE OF AN EXISTING BRIDGE CRANE HOIST (182311-2505) AS PER SPECIFICATIONS Gaffey, Inc. - $18,445.00 (Total Net Bid) VARIOUS DEPARTMENTS: MISCELLANEOUS BRAKE PARTS (037200) GROUP I AS PER SPECIFICATIONS Automotive Distributing Co., Inc. - $14,237.47 (Total Net Bid) (22-32% Discount) Item #1 $ 6.94 Per Each * Item #2 $ 6.81 Per Each * Item #3 $ 9.94 Per Each * Item #4 $ 8.69 Per Each * Item #5 $ 11.19 Per Each * Item #6 $ 11.19 Per Each * Item #7 $ 6.81 Per Each * Item #8 $ 8.19 Per Each * Item #9 $ 7.44 Per Each * Item #10 $ 39.94 Per Each * Item #11 $ 8.69 Per Each * Item #12 $ 7.19 Per Each * Item #13 $ 8.69 Per Each * Item #14 $ 39.94 Per Each * Item #15 $ 9.94 Per Each * Item #16 $ 9.94 Per Each * Item #17 $ 8.69 Per Each * Item #18 $ 11.19 Per Each * Item #19 $ 8.69 Per Each * Item #20 $ 7.44 Per Each * Item #21 $ 9.94 Per Each * Item #22 $ 9.94 Per Each * Item #23 $ 8.69 Per Each * Item #24 $ 9.44 Per Each * Item #25 $ 9.44 Per Each * Item #26 $ 11.19 Per Each * Item #27 $ 9.44 Per Each * Item #28 $ 46.19 Per Each * Item #29 $ 9.94 Per Each * Item #30 $ 9.94 Per Each * Item #31 $ 13.69 Per Each * Item #32 $ 11.19 Per Each * Item #33 $ 11.19 Per Each * Item #34 $ 14.94 Per Each * Item #35 $ 9.94 Per Each * Item #36 $ 21.03 Per Each * Item #37 $ 24.92 Per Each * Item #38 $ 6.19 Per Each * Item #39 $ 6.19 Per Each * Item #40 $ 6.19 Per Each * Item #41 $ 6.19 Per Each * Item #42 $ 6.19 Per Each * Item #43 $ 7.44 Per Each * Item #44 $ 6.19 Per Each * Item #45 $ 6.19 Per Each * Item #46 $ 6.19 Per Each * Item #47 $ 6.19 Per Each * Item #48 $ 6.19 Per Each * Item #49 $ 6.19 Per Each * Item #50 $ 6.19 Per Each * Item #51 $ 6.19 Per Each * Item #52 $ 10.89 Per Each * Item #53 $ 6.19 Per Each * Item #54 $ 6.19 Per Each * Item #55 $ 13.69 Per Each * Item #56 $ 23.69 Per Each * Item #57 $ 31.19 Per Each * Item #58 $ 11.67 Per Each * Item #59 $ 24.15 Per Each * Item #60 $ 12.45 Per Each * Item #61 $ 22.63 Per Each * Item #62 $ 13.69 Per Each * Item #63 $ 11.19 Per Each * Item #64 $ 43.69 Per Each * Item #65 $ 37.37 Per Each * Item #66 $ 62.51 Per Each * Item #67 $ 48.41 Per Each * Item #68 $ 54.49 Per Each * Item #69 $ 65.44 Per Each * Item #70 $ 82.69 Per Each * Item #71 $ 38.81 Per Each * Item #72 $ 7.58 Per Each * Item #73 $ 7.58 Per Each * Item #74 $ 6.96 Per Each * Item #75 $ 38.06 Per Each * Item #76 $ 14.06 Per Each * Item #77 $ 14.06 Per Each * Item #78 $ 7.69 Per Each * Item #79 $ 9.49 Per Each * Item #80 $ 44.96 Per Each * Item #81 $ 35.25 Per Each * Item #82 $ 13.75 Per Each * Item #83 $ 12.53 Per Each * Item #84 $ 57.19 Per Each * Item #85 $ 41.66 Per Each * Item #86 $ 16.69 Per Each * Item #87 $ 37.69 Per Each * Item #88 $ 31.95 Per Each * *2% - 10th Billing Term VARIOUS DEPARTMENTS AS PER SPECIFICATIONS 037200 (GROUP I) H-W AUTO SUPPLY - $ 7,828.00 (TOTAL NET BID) Item #1 $ 12.60 Per Each * Item #2 $ 20.66 Per Each * Item #3 $ 22.09 Per Each * 2% - 10th PUBLIC WORKS/FLEET AND BUILDINGS: AIR HANDLER IMPROVEMENTS 790972-2505 AS PER SPECIFICATIONS Professional Air Conditioning Service Inc - $20,000.00 Group I Total Net $19,000.00 Group II Total Net $ 1,000.00 Ferris moved that the contract(s) be awarded as outlined above, same being the lowest and best bid. Motion carried 4 to 0. (Cather, Cole, Knight; absent) LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1996 (Consumption on Premises) Lindsey X Kon China Village* 7011 W. Central #116 New Operator 1996 (Consumption off Premises) Loan H. Le KC Gas & Groceries #1 1102 W. Maple *General Retailer--beer sales derive less than 50% of gross revenues. Motion -- Ferris moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 4 to 0. (Cather, Cole, Knight; absent) PLANS AND SPECS. PLANS AND SPECIFICATIONS. a. Kellogg/Oliver Interchange, Phase I, Street Improvements (grading, surfacing, bridges, fencing, and seeding) for Kellogg Avenue. (701896/401092) Street closures (approximately 25 days each): Broadview, Gilbert, Belmont. Property owners will be notified prior to street closures. Temporary access shall be maintained to local traffic whenever possible. Lincoln at Broadview will be reduced to two lanes; Pinecrest and Orme will be closed during construction; traffic on Kellogg will not be affected. (Council approval date 04-20- 93) (District II) Motion -- Ferris 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 2, 1996. Motion carried 4 to 0. (Cather, Cole, Knight; absent) b. Lateral 132, Main 4, Sanitary Sewer #23 to serve Walnut Grove Addition (north of 35th Street North, west of Seneca). (468-82591/742668/480358) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 04-09-96) (District VI) Motion -- Ferris 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., July 26, 1996. Motion carried 4 to 0. (Cather, Cole, Knight; absent) SUBDIVISION PLANS AND SPECIFICATIONS. a. Shadowridge from the west line of Parkwood, west to the east line of Beacon Hill Road; and Shadowridge Court adjacent to Lots 1 through 10, Block 2, of Meadow Oaks 2nd Addition (south of 29th Street North, west of Woodlawn). (472-82686/763623/490465) Does not affect existing traffic. (Council approval date 02-13-96) (District 1) b. Pepperwood Circle adjacent to Lots 36 and 42 through 46, Block 2 of Meadow Oaks Addition and Lots 1 through 12, Block 1 of Meadow Oaks 3rd Addition; and sidewalk to be installed along the south and east side of Pepperwood Circle from the west line of Lot 46, Block 2, Meadow Oaks Addition to and along the north line of Lot 43, Block 2 to the east line of Meadow Oaks Addition (south of 29th Street North, west of Woodlawn). (472-82687/763631/490466) Does not affect existing traffic. (Council approval date 02-13-96) (District 1) c. Water Distribution System to serve an unplatted tract and Bradley Fair 2nd Addition (south of 21st, east of Rock Road). (448-89035/733253/470403) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 05-21-96) (District 2) d. Storm Water Sewer $474 to serve Fox Pointe 2nd Addition (west of Webb Road, south of 29th Street North). (468-82579/750794/485115) Does not affect existing traffic. (Council approval date 07-09-96) (District 2) e. Dora from the west line of Lot 34, Block 5 to the east line of Prescott Circle; Prescott from the east line of Prescott Circle to the south line of Carr Avenue; Shefford from the south line of Lark 3rd Addition to the south line of Dora; Esthner from the east line of Prescott to the east line of Lark 3rd Addition; Dora Court from the south line of Dora to and including the cul-de-sac; Prescott Circle from the south line of Dora to and including the cul-de-sac, and; Sidewalk along one side of Prescott and Dora and along Esthner and Shefford Lark 3rd Addition (east of 21st Street, west of Webb Road). (472-82726/763680/490471) Does not affect existing traffic. (Council approval date 05-21-96) (District 5) Motion -- Ferris 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., July 26, 1996. Motion carried 4 to 0. (Cather, Cole, Knight; absent) PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. Water Distribution System to serve Lark third Addition (south of Kellogg, east of 119th Street West) - $72,420.00. Does not affect existing traffic. (Council approval date 05-21-96) (District V) (448-89051/733220/470-400) b. Water Distribution System to serve (Woodland Lakes Estates Addition (south of Kellogg, west of 127th Street East) - $312,000.00. Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 03-05-96) (District n/a) (448-89020/733261/470- 404) Motion -- Ferris moved that the preliminary estimates be approved and filed. Motion -- carried carried 4 to 0. (Cather, Cole, Knight; absent) STATEMENTS OF COST STATEMENTS OF COST (CHESNEY). a. Tyler Road from 21st Street to Sterling Road - $176,688.00 (472-81893/705970/405-151) b. Tyler Road from 21st Street to Sterling Road - $165,707.00 (472-82338/705988/405-152) c. Access Road for Sanitary Sewer Lift Station - $18,605.00 (468-82518/742460/480-338) d. Lateral 318, SWI to Serve Wheatland Addition - $57,739.00 (468-82288/742478/480-339) e. Lateral 351, SWI to Serve Robbins Farm Fourth Addition - $39,652.00 (468-82485/742502/480-342) f. Lateral 34, Main 15, SWI to serve Westwind Fifth Addition - $17,351.00 (468-82539/742510/480-343) g. Flood Detention Reservoir #24 - $123,674.00 (468-82406/750588/485-094) h. Storm Water Sewer #466 to Serve Sterling Farms Sixth Addition - $175,029.00 (468-82511/750703/485-106) i. Storm Water Sewer #439 to serve Socora Village Addition - $166,408.00 (468-82254/750711/485-107) j. Storm Water Sewer #469 to serve Westwind Fifth Addition - $34,336.00 (468-82540/750729/485-108) k. Storm Water Sewer #415 to serve Smithmoor Third Addition - $87,037.00 (468-82118/7500745/485-110) l. Tyler Road from 21st Street to Sterling Road in Sterling Farms Second Addition - $51,815.00 (472- 81890/762757/490-378) m. Central Park from the west line of Tyler Road to the west line of Lot 42, Block 2,; Keith from the west line of Lot 42, Block 2, to the north line of Bradford South Addition. - $679,723.00 (472-82479/762856/490-388) n. Tracy from the north line of St. Louis to the south line of Central in Park Wilde Addition - $146,939.00 (472-82537/762898/490-392) o. Twenty-first Street from the east line of Tyler Road to the west line of Ridge Road, including a Decel Lane on the south side of 21st at Barrington Corner Addition - $125,547.00 (472-81858/763086/490-411) p. Twenty-first Street from the east line of Tyler Road to the west line of Ridge Road, including an Accel- Decel Lane on the south side of 21st east of Tyler Road to serve Westwind Third Addition, Lots 1-5 - $105,460.00 (472- 81673/763094/490-412) q. Twenty-first Street from the east line of Tyler Road to the west line of Ridge Road, including a Left Turn Lane in 21st to serve Lot 2, Block 1, Golf Park West Addition - $12,762.00 (472-82596/763110/490-414) r. Twenty first Street from the east line of Tyler Road to the west line of Ridge Road, including a Left Turn Lane in 21st west of Reflection Road to serve Westwind third Addition and Reflection Ridge Third Addition - $6,247.00 (472-82584/763136/490-416) s. Twenty-first Street from the east line of Tyler Road to the west line of Ridge Road, including a Left Turn Lane in 21st west of Reflection Road to serve Westwind third Addition and Reflection Ridge Third Addition - $6,352.00 (472-81928/763151/490-418) t. Twenty-first Street from the east line of Tyler Road to the west line of Ridge Road, including a Left Turn Lane in 21st west of Tee Time at Reflection Ridge Commercial Addition - $27,092.00 (472-81794/763169/490-419) u. Twenty-first Street from the east line of Tyler Road to the west line of Ridge Road, including a Decel Lane on the north side of 21st to serve Reflection Ridge Commercial Addition - $6,250.00 (472-81793/763144/490-417) v. Twenty-first Street from the east line of Tyler Road to the west line of Ridge Road, including a Decel Lane on the northside of 21st east of Tee Time at Reflection Ridge 8th Addition - $6,111.00 (472-82617/763284/490-431) Motion -- Ferris moved that the Statements of Cost be received and filed and the proposed -- carried assessment rolls be prepared. Motion carried 4 to 0. (Cather, Cole, Knight; absent) STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. There were no street closures/uses considered. PARKING METERS PARKING METER COINAGE COLLECTION SERVICES - SELECTION OF VENDOR. Agenda Report No. 96-585. The City's parking meter coinage collections have been serviced by Warfield & Associates Security Inc. for the past three years at a rate of twenty one cents ($.21) per meter. A Request for Proposal for parking meter coinage collection services was sent to seven (7) vendors, four (4) vendors responded. A committee of the City Treasurer, Cash Manager, and Clerk I reviewed the proposals. Warfield & Associates Security Inc. offered the City the best financial terms, a rate of nineteen cents ($.19) per meter. The City currently has 1,592 parking meters requiring weekly collection. The number of meters may vary, but the rate of nineteen cents ($.19) per meter will remain the same. The contract is for a four (4) year period (August 1, 1996 through July 31, 2000), but is subject to annual renewal under the cash basis law. Motion -- Ferris moved that Warfield & Associates Security Inc. be selected for collection of parking meter coinage; the Contract be approved and the Mayor be authorized to -- carried sign. Motion carried 4 to 0. (Cather, Cole, Knight; absent) CDBG CONTRACTS CDBG CONTRACTS - CATHOLIC CHARITIES INC., INTER-FAITH MINISTRIES OF WICHITA, INC., UNITED METHODIST URBAN MINISTRY OF WICHITA, INC. Agenda Report No. 96-586. On March 19, 1996, the City Council allocated CDBG funds to: Catholic Charities, Inc. to pay a portion of the Harbor House women's shelter operating costs; Inter-Faith Ministries - Wichita, Inc. to pay for the Phase II renovation of the Inter-Faith Inn Homeless Shelter; and United Methodist Urban Ministry of Wichita, Inc. to provide a utility assistance program to low income families. The contract with Catholic Charities Inc. provides funding for the Harbor House Assistant Director, Counselor and Case Manager. Inter-Faith Ministries - Wichita, Inc.'s contract provides direct labor costs to contractors for the Phase II renovation of Inter-Faith Inn Homeless Shelter, and United Methodist Urban Ministry of Wichita, Inc.'s contract provides direct payments to a utility to avoid a low income family's utility from being shut off. The contract with Catholic Charities, Inc. is for $55,000; Inter-Faith Ministries - Wichita, Inc. $69,000; and United Methodist Urban Ministry of Wichita, Inc. $10,000. All funding will paid out of 22nd year Community Development Block Grant funds. Motion -- Ferris moved that the Contracts be approved and the Mayor be authorized to -- carried execute. Motion carried 4 to 0. (Cather, Cole, Knight; absent) PROPERTY DISPOSITION SALE OF SURPLUS PROPERTY IN THE 1900 BLOCK OF OHIO. (District VI and I) Agenda Report No. 96-587. The City of Wichita has received an offer of $4,875 from Elmo Santner for two surplus properties located in the 1900 block of Ohio Street. The first property is legally described as: Lots 18-20, Beacon Addition. The property contains approximately 6,500 square feet and was purchased in order to provide an alley access. The property was declared as surplus on March 28, 1995. Subsequent to the property being declared surplus, the potential purchaser has vacated the portion of the site which was dedicated for alley. The potential purchaser would like to use the site as well as even lots 14 through 24, on Ohio Street, in Beacon Hill Add. to construct a 9,700 square foot warehouse building. The other property being considered in the sale is described as: Odd Lots 11 through 33, except canal, Block 1, Gem City Add. The property contains approximately 14,625 square feet and is a landlocked parcel remaining after the McAdams Urban Renewal Project and the construction of Interstate 135. The potential purchaser wishes to purchase the property to add to the adjacent property he already owns. Due to the land- locked status of the property, the only possible purchaser is Mr. Santner who is the adjacent property owner. The offer calculates to approximately $.60 per square foot for the first parcel and $.18 per square foot for the landlocked parcel. An analysis of 20 vacant properties sold in the area of the subject listed a range of sales from $.10 to $3.00 per square foot with a median sale of around $.60 per square foot. The City will receive cash consideration for the sale of the property. The tract is currently exempted from property taxes. After the purchase, the property will return to the tax rolls. The City will receive all proceeds from the sale minus any associated administrative costs. All title, and closing costs will be split between the City and the buyer. Motion -- Ferris moved that the sale be approved; and the Mayor be authorized to sign the -- carried necessary documents. MORTGAGE RELEASE RELEASE OF MORTGAGE FROM THE METROPOLITAN BAPTIST CHURCH. Agenda Report No. 96-588. In 1983, the City Council approved the purchase of property from The Metropolitan Baptist Church for proposed Douglas/McLean improvements. The Council also provided, in the Purchase Contract, an option to purchase Tract "A" from the City to the church. In June of 1987 the church gave notice to the City that it wished to execute its option to purchase the tract in accordance with the option to purchase agreement. On July 7, 1987, the City Council approved the sale of the tract to the church for $100,000, payable over ten (10) years at $10,000.00 per year. The Metropolitan Baptist Church has made its final payment to the City and is requesting the Council approve the release of the Mortgage as stipulated by the Promissory Note and Real Estate Mortgage. The Release of Mortgage will be at no expense to the City. Motion -- Ferris moved that the Release of Mortgage be approved and the mayor be authorized -- carried to sign. Motion carried 4 to 0. (Cather, Cole, Knight; absent) BUDGET ADJUSTMENTS BUDGET ADJUSTMENTS FOR UTILITY REIMBURSEMENTS. Agenda Report No. 96-589. Each year, the Sewer Utility reimburses the Water Utility for administrative and billing functions that are provided by the Water Utility divisions of Administration, System Planning, and Customer Service. Similarly, the Storm Water Utility reimburses the Sewer Utility for billing and utility locate services. In the past, the reimbursements have been made as a transfer out of Sewer and Storm Water Utilities and posted to the revenues of the Water Utility. These transfers artificially inflated both revenues and expenditures of the utility being reimbursed, and required a large year-end adjustment for accounting purposes. Beginning in the revised 1996 budget, the reimbursements will be made as a credit to expenditures rather than a transfer to revenues, eliminating the need for a year-end adjustment and presenting a more accurate accounting of revenues and expenditures in each utility. The reimbursements are budgeted as transfers in the 1996 Adopted budget. A budget adjustment is required to show these expenses as an expenditure credit to the utility receiving the reimbursement. This adjustment will move budget authority in the Sewer Utility and Storm Water Utility from transfer accounts to the expenditure categories of personal services, contractuals, and commodities. The budget adjustments enable the changes in accounting procedures for each utility and do not change utility operations or increase the total utility expenditure budgets. Motion -- carried Ferris moved that the budget adjustments be approved. Motion carried 4 to 0. (Cather, Cole, Knight; absent) BRIDGES DESIGN DESIGN OF THE DOUGLAS AVENUE AND MAPLE/LEWIS BRIDGES OVER THE ARKANSAS RIVER. (District VI) Agenda Report No. 96-590. In 1994, a competition was held to determine the favored design concept and consulting team for the Douglas Avenue and Maple/Lewis Street Bridges over the Arkansas River. Professional Engineering Consultants, P.A. (PEC), in collaboration with Gossen Livingston Associates and Vicki Scuri Siteworks, was selected as the winning design team by the City's Public Art Advisory Board. On November 21, 1995, the City Council entered into an Agreement with PEC for Phase I preliminary engineering services which included development of design concepts and presentations to advisory boards and organizations. On April 30, 1996, the City Council approved PEC's design concepts and authorized staff to negotiate design fees for the preparation of construction documents. The Agreement includes design of the bridges and design of a 24" water line to be attached to the Lewis Street Bridge. The design budgets total $800,000 (CIP Nos. CA-9206 & CA-9247) and are funded by General Obligation Bonds. Payment to PEC for the design of the Douglas Street Bridge will be made on a cost plus fixed fee for profit basis with total payments not to exceed $355,128. Payment for the Maple/Lewis Bridge will be made on on the same basis with total payments not to exceed $329,789. Payment to PEC for design of the water line will be made on a cost plus fixed fee for profit basis so total payment will not exceed $9,631 and will be funded by Water Utility CIP No. W-65 (Unidentified Water Mains). In order to provide funding for staff time and design review expenses, it is recommended and requested that total budgets for the Douglas and Maple/Lewis bridges be established at $415,000 and $385,000, respectively. Motion -- Ferris moved that the Projects be approved; the Supplemental Agreement be approved and the Mayor be authorized to sign; and the Ordinances be placed on -- carried first reading. Motion carried 4 to 0. (Cather, Cole, Knight; absent) ORDINANCE An ordinance declaring the Douglas Avenue Bridge over the Arkansas River (472-82657) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements. The estimated costs thereof, and the manner of payment of same, introduced and under the rules laid over. ORDINANCE An ordinance declaring the Maple/Lewis bridge over the Arkansas River (472-82658) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of an authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements. The estimated costs thereof, and the manner of payment of same, introduced and under the rules laid over. SEWER REPLACEMENT EMERGENCY SEWER REPLACEMENT. Agenda Report No. 96-591. Having a first class hotel on the east bank of the Arkansas River in downtown Wichita has been a goal of the City. After the City entered into an agreement to build a Hyatt Hotel next to Century II, existing sewer lines conflicted with the approved building structure. Other portions of the sanitary sewer system needed to be repaired, and two sanitary sewer lines needed to be built, in order to best serve the new hotel. Delaying work on the sewer lines in order to complete the bid process would have delayed work on the hotel. W.B. Carter Construction Company was doing work in the immediate vicinity of the construction site and was available to perform the work at a reasonable cost. A sub-project under S-4, reconstruction of sanitary sewers, was set up in the amount of $14,000 to pay for this project. No increase in the CIP budget was required. City Ordinance 2.64.020, "Public Exigency", allows the City Manager to authorize work to be done without formal bidding. Motion -- Ferris moved that the action taken to facilitate construction of the Hyatt Hotel by hiring W. B. Carter Construction Company to expedite the work on the sewer -- carried lines be affirmed. Motion carried 4 to 0. (Cather, Cole, Knight; absent) LIBRARY UPGRADE AUTOMATION AND NETWORK UPGRADE - LIBRARY. Agenda Report No. 96-592. The Library developed a comprehensive automation plan which included five goals: 1) acquire and use appropriate technology to increase library efficiency and effectiveness; 2) increase patron access to information resources; 3) improve reference service by providing staff access to worldwide information tools; 4) increase the quality and accessibility of library services to the public; and 5) maintain awareness of changing technologies needed to respond to special circumstances and needs. A series of action steps have been incorporated into a proposal for automation and network upgrade which closely matches the recommendations contained in the City of Wichita Management Information Systems Strategic Planning Study Report and the updated Strategic Information Systems Plan. The Plan has been approved by the the Wichita Public Library Board of Directors, the Friends of the Wichita Public Library Board of Governors, and the Board of Directors of the Wichita Public Library Foundation. The City's MIS team approved the plan with stipulations which are believed to be resolved. The Library's upgrade proposal consists of the following key activities: 1. Upgrading the existing communications network to a frame-relay system. 2. Installing a point-to-point T-1 line from an Internet provider. 3. Installing NetConnect and VISTA. 4. Subscribing to Periodical Abstracts Library. 5. Purchasing 17 additional workstations connected to the Dynix system. The one-time cost for initial purchase and installation of equipment is $181,188. The Friends of the Wichita Public Library and the Board of Directors of the Wichita Public Library Foundation will fund all of the expenses. The ongoing expenses for subscriptions, maintenance, and access fees will be $48,140 for the remainder of 1996, and $99,690 for 1997. Recurring costs for new telecommunications equipment and data circuits to branch libraries will be partially offset by savings in operating costs for existing equipment and circuits which will be replaced by the upgrade. The library will fund the new expenses for the proposal ($14,840 in 1996, and $49,190 in 1997) with state grants-in-aid funds. The library will establish a new fund within the South Central Kansas Library System Resource Grant budget for maintenance and eventual replacement of workstations purchased as part of the project. Motion -- Ferris moved that the Library's plan for automation and network upgrade be endorsed; and the library staff be authorized to begin implementation of the -- carried project. Motion carried 4 to 0. (Cather, Cole, Knight; absent) (ITEM NO. 29) EAST BANK WATER WALK CONTRACT AMENDMENT - DESIGN SERVICES FOR EAST BANK WATER WALK. (District VI) Agenda Report No. 96-593. On November 28, 1995, the city Council approved a contract with Gossen Livingston Associates, Inc. to provide design concepts and cost estimates for the Water Walk project. On April 30, 1996, the Council approved design concepts for the Water Walk project, as well as the Douglas and Maple/Lewis bridges, and authorized staff to negotiate design fees for the projects. The original contract contemplated a performance specification (design/build) for the Water Wall. Staff and the consultant team have re- examined the performance specifications concept for the Water Wall and recommend fully engineered construction documents. This will allow for better control of costs and the opportunity to receive competitive bids for the Water Wall. Staff has negotiated a contract with Gossen Livingston to provide design services, as well as bidding and construction inspection/administration services. The contract fee is a lump sum amount of $254,396, with reimbursable expenses not to exceed an additional $67,160, for a total contract amount of $321,556. Funds are available in the previously approved East Bank Water Walk project (CA-9210) budget of $5,300,000. The funding source is General Obligation Bonds. Mike Lindebak City Engineer, responding to a question, explained that the total contract amount of $321,556 included concept preparation (work done to-date, complete design plans for the Water Walk, the details of the Water Wall, and the cost for construction administration. This is the total cost plus a total not-to- exceed reimbursable expense. Motion -- Ferris moved that the Contract Amendment be approved and the Mayor be authorized -- carried to execute. Motion carried 4 to 0. (Cather, Cole, Knight; absent) CUSTODIAL SERVICES CONTRACT FOR PRIVATE CUSTODIAL SERVICES AT CENTURY II. Agenda Report No. 96-594. Century II Program Options for 1996 included privatization of one vacant Event Worker I position and use the salary and benefits to contract with a private cleaning company. The activities are routine duties that do not require the skills of an Event Worker I. Contracting with a private company eliminates vacation leave and sick leave, and reduces the City's liability by one worker. Eleven bids to a RFP were received from which the staff selection committee selected Kleenco for the base bid and Alternates Numbers 1, 2, and 3 for a total of $17,676. Motion -- Ferris moved that the Contract be approved and the Mayor be authorized to -- carried execute. Motion carried 4 to 0. (Cather, Cole, Knight; absent) EMERGENCY SHELTER GRANT GRANT APPLICATION FOR KANSAS EMERGENCY SHELTER GRANT FUNDS. Agenda Report No. 96-595. Kansas Emergency Shelter Grant Program funds, under the Stewart B. McKinney Homeless Assistance Act, are available on a state-wide competitive basis. The grant application includes funds for the following agencies and activities: InterFaith Inn Continued Renovation$45,000 Operations16,000 Essential Services13,000 YWCA Women's Crisis Center Garage Rehabilitation$ 4,500 Operations9,450 Essential Services2,000 Salvation Army Emergency Lodge Operating Costs$10,516 Children's/Family Counselor$15,000 United Methodist Urban Ministry Van Driver$ 9,000 Van Operating Expenses2,000 Homeless Prevention16,000 Venture House Independent Living Coord.$10,000 Child Care Assistance3,000 Harbor House Operating/Maintenance$ 1,950 Essential Services5,000 Anthony Family Shelter & Emergency Operating/Maintenance$ 6,850 Homeless Prevention5,000 Center of Hope Rent Assistance$21,000 City of Wichita Administration$ 5,099 The total amount requested is $203,965. Each of the agencies has committed to provide the required matching funds. A total of $640,000 is available for the State of Kansas. Motion -- Ferris moved that the application be approved and the Mayor be authorized to sign -- carried the application and grant award. Motion carried 4 to 0. (Cather, Cole, Knight; absent) SIDEWALK RESOLUTION SIDEWALK ON THE SOUTH SIDE OF 13TH EAST OF OLIVER. (District I) Agenda Report No. 96-596. Williamsburg (Claude Lambe) Park has been developed south of 13th Street, east of Oliver. It is a joint effort by the City, area residents and the private sector. There is no sidewalk connecting the Park to the commercial area at 13th and Oliver. It is proposed that a sidewalk be built along the north side of the Park, between Oliver and Williamsburg Street. Estimated cost is $9,500. Funds are available from underexpenditures in the Swanson Park sidewalk project. The funding source is General Obligation Bonds. Motion -- carried Ferris moved that the Resolution be adopted. Motion carried 4 to 0. (Cather, Cole, Knight; absent) RESOLUTION NO. R-96- 293 A Resolution finding it necessary to make certain improvements to Swanson Park and sidewalks at various locations and authorizing the issuance of bonds by the City of Wichita at large, presented. Ferris moved that the Resolution be adopted. Motion carried 4 to 0. (Cather, Cole, Knight; absent) Yeas: Gale, Kamen, Rogers, Ferris. STREET LIGHTING STREET LIGHTING RESOLUTION #2-96. Motion -- carried Ferris moved that the Resolution be adopted. Motion carried 4 to 0. (Cather, Cole, Knight; absent) RESOLUTION NO. R-96- 294 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. Ferris moved that the Resolution be adopted. Motion carried 4 to 0. (Cather, Cole, Knight; absent) Yeas: Gale, Kamen, Rogers, Ferris. #2-96 ORDINANCES SECOND READING ORDINANCES. (First Reading 07/08/95) ORDINANCE NO. 43-166 OCI Computer Equip. An Ordinance determining the necessity for acquiring certain computer equipment in order to implement a client server network for City Departments engaged in the development process; and providing that all or a portion of the costs of said acquisition be paid through the issuance of general obligation bonds of the City pursuant to the authority vested in the City under Article 12, Section 5, of the Constitution of the State of Kansas, read for the second time. Ferris moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Knight; absent) Yeas: Gale, Kamen, Rogers, Ferris. ORDINANCE NO. 43-167 Lawn Sprinklers An Ordinance amending Sections 17.08.010, 17.08.015, 17.08.020, 17.08.030, and 17.08.040 of the Code of the City of Wichita, Kansas, pertaining to lawn sprinklers and repealing the originals of said sections and creating Section 17.08.050 of the Code of the City of Wichita, read for the second time. Ferris moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Knight; absent) Yeas: Gale, Kamen, Rogers, Ferris. ORDINANCE NO. 43-168 Backflow/siphonage c. An Ordinance amending Sections 21.12.010, 21.12.020, 21.12.050, 21.12.060, 21.12.070, 21.12.080, 21.12.090, 21.12.120, 21.12.130, 21.12.140, 21.12.150, 21.12.160, 21.12.170, and 21.12.180 of the Code of the City of Wichita, Kansas, and repealing the original thereof all pertaining to backflow and back-siphonage prevention and cross- connection control, read for the second time. Ferris moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Knight; absent) Yeas: Gale, Kamen, Rogers, Ferris. Motion -- Ferris moved that the following Ordinance be placed on first reading. Motion -- carried carried 4 to 0. (Cather, Cole, Knight; absent) ORDINANCE IRB - Hayes Company An Ordinance authorizing the City of Wichita, Kansas, to issue its Industrial Revenue Bonds, Series VI, 1996 (The Hayes Company, Inc.) in the aggregate principal amount of $1,600,000 for the purpose of acquiring, constructing, and equipping certain improvements to an existing manufacturing facility; prescribing the form and authorizing execution of a first supplemental trust indenture between the City and Commerce Bank, N.A., Wichita, Kansas, as trustee; prescribing the form and authorizing execution of a first supplemental lease of the project between the City and the Hayes Company, Inc., prescribing the form of a first supplemental guaranty agreement between the Hayes Company, Inc., as guarantor, and Commerce Bank, N.A., Wichita, Kansas, as trustee; and prescribing the form and authorizing the execution of a bond purchase agreement between the City, the Hayes Company, Inc., and Riedl & Co., as purchaser of the bonds, introduced and under the rules laid over. PLANNING AGENDA Marvin Krout Director of Planning stated that the Planning Agenda could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Ferris moved that the Planning Agenda be approved as consensus Items. Motion -- carried carried 4 to 0. (Cather, Cole, Knight; absent) S/D 96-35 S/D 96-35 - PLAT OF THE BRADFORD NORTH SECOND ADDITION LOCATED SOUTH OF 29TH STREET NORTH AND WEST OF TYLER. (District V) Agenda Report No. 96-597. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. (unanimous) The plat involves a replat of a portion of an existing Addition. The Reserve areas being created by this plat are enlargements of the previously platted Reserves, this being accomplished by incorporating several lots into these Reserves. Existing guarantees will be redistributed among the remaining lots. In order to provide for the ownership and maintenance of these Reserves, the applicant has submitted a restrictive covenant. The covenant also indicates that this plat (Reserves) is still part of the original development's ownership. The plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Document Restrictive Covenant dated June 27, 1996, from 3AH-Inc. Bradford North Second Addition. Motion -- Ferris moved that the Restrictive Covenant 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 4 to 0. (Cather, Cole, Knight; absent) S/D 96-26 S/D 96-26 - PLAT OF THE HORSESHOE BAY ADDITION LOCATED NORTH OF 21ST STREET NORTH AND EAST OF RIDGE ROAD. (District V) Agenda Report No. 96-598. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. (9-1) Although this Addition is a replat of a recent Subdivision, new petitions, all 100%, have been submitted for sanitary sewer, municipal water, and drainage and paving improvements. A Certificate of Petitions has also been submitted. In order to provide for the ownership and maintenance of Reserves, the applicant has submitted a restrictive covenant. To provide for off-street parking, for lots adjacent to narrow streets, this covenant also requires that four (4) off-street spaces be provided for each such lot. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. The negative Planning Commission vote reflects the Commissioner's concern with development of areas impacted by floodplains. Documents Certificate and Restrictive Covenant from Barefoot Bay Development, Inc. Water 100 Percent Petition for construction of Water Distribution System Number 448-89063 (north of 21st, east of Ridge) $100,000 S.A. (Hold for development) Sewer 100 Percent Petition for construction of Lateral 7, Main 16, Southwest Interceptor Sewer (north of 21st, east of Ridge) Project No. 468-82622 $505,000 S.A. (Hold for development) Paving 100 Percent Petition authorizing improving of Clear Meadow, Hazelwood, and Meadow Grove from the west line of North Shore Boulevard to the west line of North Shore Boulevard; Hazelwood Court serving Lots 9 through 12, Block 1, and Lots 10 through 21, Block 2, to and including the cul-de-sacs; and, sidewalk along the north, easterly, and southerly side of clear meadow, Hazelwood, and Meadow Grove from the west line of North Shore Boulevard to the west line of North Shore Boulevard; and along the west side of North Shore Boulevard from the south line of Block 1 to the south line of Meadow Grove, Project No. 472-82750 (north of 21st, east of Ridge) $540,000 S.A. (Hold for development) Motion -- Ferris moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 4 to 0. (Cather, Cole, Knight; absent) RESOLUTION NO. R-96- 295 Resolution of findings of advisability and Resolution authorizing 100 Percent Petition for construction of Water Distribution System Number 448-89063 (north of 21st, east of Ridge)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 4 to 0. (Cather, Cole, Knight; absent) Yeas: Gale, Kamen, Rogers, Ferris. RESOLUTION NO. R-96- 296 Resolution of findings of advisability and Resolution authorizing construction of Lateral 7, Main 16, Southwest Interceptor Sewer (north of 21st, east of Ridge) Project No. 468-82622 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 4 to 0. (Cather, Cole, Knight; absent) Yeas: Gale, Kamen, Rogers, Ferris. RESOLUTION NO. R-96- 297 Resolution of findings of advisability and Resolution authorizing improving of Clear Meadow, Hazelwood, and Meadow Grove from the west line of North Shore Boulevard to the west line of North Shore Boulevard; Hazelwood Court serving Lots 9 through 12, Block 1, and Lots 10 through 21, Block 2, to and including the cul-de-sacs; and, sidewalk along the north, easterly, and southerly side of clear meadow, Hazelwood, and Meadow Grove from the west line of North Shore Boulevard to the west line of North Shore Boulevard; and along the west side of North Shore Boulevard from the south line of Block 1 to the south line of Meadow Grove, Project No. 472-82750 (north of 21st, east of Ridge), presented. Ferris moved that the Resolution be adopted. Motion carried 4 to 0. (Cather, Cole, Knight; absent) Yeas: Gale, Kamen, Rogers, Ferris. EXECUTIVE SESSION Motion -- Ferris moved that the Council recess to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to potential litigation and legal advice and the regular meeting be resumed at 10:40 a.m. in the City Council Chambers. Motion carried -- carried 4 to 0. (Cather, Cole, Knight; absent) RECESS Council recessed at 10:22 and reconvened in regular session at 10:42 a.m. Council Member Ferris Council Member Ferris announced that no action was necessary as a result of the executive session. RECESS The City Council recessed at 10:42 a.m. and returned at 11:02 a.m. (The Council returned to the time certain Condemnation Item and action is shown in Agenda order.) Adjournment The City Council meeting adjourned at 11:05 a.m. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 161 JULY 16, 1996 Page