MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, June 4, 1996 Tuesday, 9:10 A.M. The City Council met in regular session with Vice Mayor Cather in the Chair. Council Members Cole, Gale, Kamen, Rogers; present. Mayor Knight and *Council Member Ferris; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Vice Mayor Cather. 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 May 21, 1996, were -- approved approved 5 to 0. (Ferris, Knight; absent) AWARDS AND PRESENTATIONS PROCLAMATIONS Vice Mayor Cather presented the Proclamations previously approved. PUBLIC AGENDA COMMENTS BY GREG STEVENS. Greg Stevens Greg Stevens, President of the Sedgwick County Manufactured Housing Association, said that over the last 30 years, well over 100,000 citizens of Sedgwick County have been provided manufactured housing (not "trailers"). In 1995, over 30 percent of all new homes sold were manufactured homes. Referring to City Code, Section 26.04.135 (Ordinance No. 42-344), Mr. Stevens said the ordinance is discriminatory because a tornado does not recognize the difference between any home - stick-built or manufactured. In Addition, Mr. Stevens said the Association perceives the treatment manufactured housing receives in zoning practices to be biased and unfair. Mr. Stevens asked that the City Council rescind City Code Section 26.04.135 (pertaining to storm shelters). *Council Member Ferris present. Marvin Krout Director of Planning, responding to a question, stated that there was a Task Force established (Staff Members, representatives from the Manufactured Home industry, and others including a CPO representative). The Task Force recommended not to have requirements for storm shelters for mobile home parks. The MAPC endorsed the Task Force recommendation not to have a requirement for storm shelters but to have some design standards for any storm shelters that would be voluntarily constructed. The City Council reversed the Planning Commission and Task Force recommendations and voted to require storm shelters in any new parks, expanded parks, and, after a period of time, in existing parks with no storm shelters. It is not thought the standards for storm shelters were at issue because the Task Force did recommend some standards, including the 10 square foot standard. It is thought the question is whether the standard should be imposed on just this building type. Council Member Cole Council Member Cole spoke, not in favor of revisiting the issue, but if the issue is to be revisited, in favor of referring the issue to the CPOs. Council Member Cole said she felt very strongly about the ordinance which was passed and would not be in favor of a revisitation. Council Member Kamen Council Member Kamen said the Council did not cast aspersions on the manufactured housing industry. Ordinances have been passed which allow manufactured housing in the City. Marvin Krout Director of Planning explained that a mobile home park consists of units in the City with no limitation as to the age of the units or whether HUD code must be met (County requirement is units newer than 1973). The units do not have a permanent foundation. In a mobile home park, the land is basically rented to the units for placement on a temporary basis. The structures are tied down with no permanent foundation. One of the pieces of information which the Council used for making a distinction was data regarding the relative amount and degree of injuries, as a result of severe storms, to residents in mobile home parks as opposed to other types of dwelling units. State law prohibits discrimination of manufactured double-wide units on permanent foundations. Council Member Kamen Council Member Kamen said the tornado in Andover, Kansas, which killed eleven persons, helped instigate the ordinance. It is hoped those deaths helped accomplish something to make conditions safer for those living in mobile homes. To not have a shelter in a mobile home park where even strong winds can cause serious injury is a safety and health problem which the government should address. No action was taken. UNFINISHED BUSINESS OLD TOWN ALLEY PARKING ORDINANCE PERTAINING TO ALLEY PARKING IN OLD TOWN. Continued from May 7, 1996. Council Member Kamen declared a conflict of interest and left the Bench. Council Member Rogers Council Member Rogers suggested this matter be handled through the administrative process. Council Member Cole Council Member Cole spoke in opposition to the Ordinance which would benefit only one alley. In driving through the alleys in question, only one alley could handle parking on one side. If alley parking is good, it should be allowed in all alleys and that cannot be done. Passing the ordinance would open the door to parking in alleys all over downtown and make a nightmare situation for the Traffic Department. Periodically, cars are parked in the alleys and traffic cannot get through. Most alleys are one-way and there is no room for parked cars and traffic. Gary Rebenstorf Director of Law clarified that, by ordinance, there is no parking on alleys except truck loading and unloading. Staff does not have authority to make changes contrary to ordinance regulations. Council Member Ferris Council Member Ferris said Old Town extends two to three blocks to the north and as the area continues to develop, parking will not be provided. The Ordinance would have no cost or negative impact. The Traffic Department could administratively approve parking if it were found there would be no traffic problem. There needs to be a way to provide parking in the new area and providing parking at no cost is good. Motion -- Ferris moved that the Ordinance be placed on first reading. Motion failed -- failed 3 to 2. Cole, Rogers - No. (Kamen, Knight; absent) (Four votes required for passage) Council Member Kamen present. GREASE TRAP PROGRAM GREASE TRAP LOAN PROGRAM. Chris Cherches City Manager reviewed the Item. Agenda Report No. 95-005 A. On September 13, 1994, the City Council approved the implementation of the Grease Trap Interceptor Program. The ordinance requires both new and existing food service facilities, and those existing facilities that are unable to control grease discharge, to install a grease interceptor. Existing facilities that are not creating a discharge problem have an option to pay an annual permit and user fee. When considering the ordinance requiring grease trap installation, the City Council directed staff to investigate the feasibility of a loan program for new businesses. New food service facilities would have to invest between $5,000 and $25,000 (depending on individual situations) to install a grease interceptor, in addition to operating costs. Existing facilities without a grease interceptor would have the option to pay $542 year in permit and user fees. A small business loan program may assist in reducing the financial impact of installations for existing businesses. The grease trap loan program could either be available to existing food establishments being required to install a grease trap due to excessive grease discharge into the sanitary sewers, or to new food establishments. In January 1995, Staff submitted a proposal for a loan program. Council directed staff to revise the proposal to: 1) Initiate lower interest rates; (2) Consider special assessments or other options to avoid a lien on the property; (3) Contact Restaurant Association Members to review program. Restaurant Association Members indicated that they did not believe there would be a great need for the a loan program, however, it might be of assistance to those who need it. Since the Grease Trap Interceptor was implemented, only one restaurant has indicated an interest in a loan program. Under Council Direction, Staff has developed three options for consideration: Option A: Grease Trap Loan Assistance Program 1. The property must be within the City limits of Wichita and be connected to the Wichita sewer system. 2. The maximum amount of the loan would be $20,000. Three bids for installation of a grease trap must be included with any loan application. Eligible restaurant facilities must be an existing food facility being required to install a grease trap due to excessive grease discharge. [Note: The Council should decide if new businesses would be eligible.] 3. A mortgage in the amount of the loan will be placed on the property for the term of the loan. Loans will only be available to property owners and subject to approval of a loan review process. Loan rates would be fixed on the most recent Water and Bond Sales. 4. Principal and interest on the loan shall become due in monthly installments with a maximum term of five years. Monthly installments will be charged to the property owner's water and sewer bill at the location of the improved facilities. If the property is assigned, sold or transferred by the mortgagor(s), the loan must be paid in full. 5. The Water and Sewer Department must certify that the grease interceptor is required. 6. A review process must give approval to all loans. 7. Loan proceeds will not be released until the Water and Sewer Department receives certification that the installation plans have been approved (by the Office of Central Inspection). 8. Loans will be administered by the Department of Water and Sewer, with review and audit by the Finance Department. 9. The City Council may establish a maximum amount of the loan or loan fund available. An annual report will be provided to the City Council on the status of this program. 10. The loan program will be terminated as of June 30, 1997. Funding for the loan program is available in the Depreciation and Replacement Account, which is designated in the bond ordinance. If loans are made to the extent that the balance in the Depreciation and Replacement Account falls below 15% of the Operating Revenues of the Water and Sewer Utility for the preceding year, funds can be transferred from the Improvement Account to replenish the balance. Any revenue received from loan payments and interest will be deposited in the Depreciation and Replacement Account. Ordinance No. 41-934 of the City of Wichita, Kansas, adopted January 26, 1993, establishes the Depreciation and Replacement Account of the Water and Sewer Utility for the purpose of keeping the Utility "in good repair and working order, so that it may continue in effective and efficient operation. Option B: Special Assessment for Grease Traps [Note: City Council directed staff to examine the possibilities of using Special Assessments for the procurement of the Grease Trap Interceptor.] 1. The City Grease Interceptor Ordinance Administrator must determine that a restaurant's sewage is creating a nuisance by clogging sewer lines, and the owner is informed that a grease interceptor must be installed 2. The property must be within the City limits of Wichita and be connected to the Wichita sewer system. 3. The maximum amount of the assessment will be $20,000. Eligible restaurant facilities must be an existing food facility being required to install a grease trap due to excessive grease discharge. The owner must prove that loans are not available from lending institutions, Small Business Administration, etc. 4. The business owner would have the option to petition the City to create a benefit district on the property, condemning the area needed to create an easement in which the City would install the needed grease interceptor. 5. The City would hire a contractor to install the interceptor, and the property owner would pay the cost over a specified period, not to exceed 15 years. The City would own the interceptor and the easement. The business owner would be responsible for the monthly cleaning and maintenance of the interceptor. 6. If the City determined that the interceptor was not being maintained properly, the City would have the option of contracting for the proper cleaning, and would bill the cost to the restaurant on the monthly water and sewer bill. In order for this option to be utilized, the grease trap would be owned by the City and located upon a City easement. Since 1994, there has not been indicated a great need for an assistance program, since only one business has made a request. A more reasonable financial method to address such a problem is to encourage local lending institutions and/or Small Business Administration loans. Since there has been little interest in utilizing a program of public financial assistance, Staff does not recommend the establishment of a loan program. However, if the City Council feels there is sufficient need, then Staff would recommend Option A. If Council selects Option A, Council should adopt the Resolution implementing the program. David Warren Director of Water and Sewer, responding to a question, said restaurants with no on-site food preparation, others that do not generate much grease or with good housekeeping practices, and those with no on-site food preparation or dish washing are not charged the permit and user fees. Vice Mayor Cather Vice Mayor Cather inquired if anyone wished to be heard. Mike Dunigan Mike Dunigan, owner of R & S Bar-B-Q, said he was interested in the program. The cost is between $15,000 to $45,000 to install a grease trap and the business must be closed during installation. This is a serious financial hardship on small businesses and there needs to be a mechanism to enable compliance. Mr. Dunigan said he would like additional time to look at the options. Either option would probably work but he was unsure which he would prefer. Motion -- Ferris moved that this Item be deferred two weeks. David Warren Director of Water and Sewer, answering questions, said the grease traps are likely to last from fifty to seventy-five years so replacement would not be an issue. The issue is whether five-years is long enough for the program under Option A. Council Member Kamen Council Member Kamen said the impact is just as bad on small or large businesses. With existing buildings, there is also the expense of installing new plumbing to the grease trap. With a new business the cost would be less as the grease trap could be included in the plans. Chris Cherches City Manager said the loan would be a typical mortgage (as a home equity mortgage). The Council should keep in mind that the Water Utility is governed very specifically by law and by its bond covenants and is a public business. To extend the loan period beyond a reasonable period of time or to allow too much slack, which would not be good business practices, it is thought could result in some challenge to the action by the stock holders (citizens) of the Water Utility. That is why staff (after consultation with the City Attorney and Bond Counsel), in developing the loan proposal, wanted to stay very strict to the bond covenants and good business practices with regard to latitude in loaning funds. Council Member Kamen Council Member Kamen said it should be self- evident that with the loan program there would be two mortgages on the business which might influence the ability to stay in business or even to start a business. Special assessments do not influence the financial statement and do not influence the cash flow. Information is needed on the length of time to pay off and the interest rates for special assessments. Chris Cherches City Manager, responding to a question, said it would be necessary to look beyond what restrictions are being placed on property by taking on a sewer system as a public improvement vs. a private improvement. The assessment could be based on the amount of time and the choice of the property with a maximum time of 15 years. -- carried Motion carried 6 to 0. (Knight absent) NEW BUSINESS AIRPORT LIMOUSINE APPROVAL OF CERTIFICATE CONVENIENCE AND NECESSITY FOR AIRPORT LIMOUSINE SERVICE. Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-442. Cheetah Express Airport Limousine Service, owned by Mohamed Ali, applied to operate a limousine service at the Wichita Airport. Motion -- Cole moved that the Certificate of Convenience and Necessity be approved and the license be released upon fulfillment of legal review of the insurance policy. -- carried Motion carried 6 to 0. (Knight absent) IRB - HAYES COMPANY REQUEST FOR A LETTER OF INTENT FOR INDUSTRIAL REVENUE BONDS - THE HAYES COMPANY, INC. (District VI) Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-443 (Revised) The Hayes Company, Inc. (Hayes) is requested the issuance of a Letter of Intent for Industrial Revenue Bonds in an amount not to exceed $1,600,000. The bond proceeds will be used to construct and equip a second addition to Hayes' manufacturing facility, located at 800 East 37th Street North, and to purchase additional machinery. Hayes is also requesting that the City approve a 100% ad valorem tax abatement for a 10- year period. In September of 1995, the City Council approved the issuance of $1,600,000, Series VI, 1995, Industrial Revenue Bonds to Hayes for the construction of a 37,500 s.f. addition to their facility and the purchase of additional machinery. Hayes was also granted a 100% tax abatement on the bond issue. Hayes manufactures and sells ornamental iron and wood garden accessories, fencing, pallets and commercial site furnishings. Products include iron plant hangers, plant stands, wood planters, bird houses and feeders, residential style wood fence and wrought iron fence and shopping mall benches and receptacles. Hayes garden products are sold through WalMart, Payless Cashways, Home Depot, K-Mart, Hobby Lobby, Dillons and its parent Kroger and Canadian Tire. The furniture is sold to companies like Pizza Hut and various commercial catalog companies. The pallet business serves customers like Rubbermaid, Coleman, Dold, J. I. Case and similar customers. Hayes exports over 95% of its products outside the State of Kansas which now includes a major Home Center Chain and a Distributor in southern Japan. The Hayes Company has greatly exceeded its expectations in terms of new employment and increased sales at the time of their 1995 IRB-financed expansion. As a result, Hayes has already outgrown their expanded facility and needs more space to accommodate growth in production and employment. The Company expects employment to grow from the current 163 employees to a projected 378 employees in 2001. Proceeds from the requested bonds will be used to construct a 24,000 s.f. building addition to Hayes' facility and to purchase additional equipment to meet their capacity needs and to add a new product finishing process to their manufacturing capabilities. The project consists of the following: SOURCES OF FUNDS *Industrial Revenue Bond Proceeds $1,600,000 *Company Funds 42,000 Total Project Funding: $1,642,000 USES OF FUNDS * Expansion of Facility. $ 700,000 * Purchase of Equipment. 800,000 * Bond Reserve 25,000 * Construction Interest 37,500 * Contingency 7,500 * Cost of Issuance: 72,000 Total Cost of Project: $1,642,000 Riedl & Co. will underwrite the bond issue. The firm of Hinkle, Eberhart and Elkouri, L.L.C. will serve as bond counsel in the transaction. The Hayes Company, Inc. currently employs 163 people at its Wichita facilities. Current expansion plans for Hayes, forecasts an increase in employment at the Wichita facility of approximately 177 people over the next five years. If these projections are met, over $3,470,000 in new personal annual income will be added to the Wichita economy through wages paid to Hayes' expanded work force. Hayes has a current approved EEO/AA Plan on file with the City's Human Resources Department. The cost/benefit analysis based on the fiscal and economic impact model of Wichita State University's Center for Economic Development and Business Research will be provided to the City Council upon its receipt. The Hayes Company, Inc. agrees to pay all costs of issuing the bonds and agrees to pay the City's $2,500 annual IRB administrative fee for the term of the bonds. Hayes is requesting a 100% tax abatement of ad valorem property taxes on the project for a 10-year period in accordance with City Policy. Under City's Business Incentive Policy, Hayes qualifies for an 100% tax abatement based on projected new employment, capital investment, export sales and the location of the facilities within the City's incentive target area. Although, Hayes received a 10-year tax abatement with their 1995 IRB issue, the City's general policy has been to reserve 10-year property tax abatements for businesses connected to the aviation industry and for corporate headquarters buildings for large, Wichita-based companies. In adherence to that policy, staff recommends approval of a 5-year 100% tax abatement. During the 5-year period of the recommended property tax abatement, Hayes will continue to pay taxes on the current facility. The real and personal property taxes paid by Hayes in 1995 was $22,308. Estimated first year taxes abated on the proposed project are $38,553, of which $10,567 is the City portion, $9,970 the County/State portion, and $18,016 the U.S.D. 259 portion, based on the 1995 mill levy of 114.712 mills. Vice Mayor Cather Vice Mayor Cather inquired if anyone wished to be heard. Robert Hayes Robert Hayes, CEO of The Hayes Company, Inc., urged approval of the request and approval of either a 10-year 100 percent tax abatement or a 5-year 100 percent tax abatement with a 5-year review. Chris Cherches City Manager, responding to a question as to the nature of encouragement with regard to Condition Number 14, explained that as applicants come in, the City has made it expressly known to them that along with the privilege of receiving tax abatement should come consideration of addressing some of the Council goals, to encourage Minority-owned Business Enterprises and Women-owned Business Enterprises. There is no existing legal requirement to enforce a certain percentage towards the goal. It has been made known to the business applicants that the Council's desire is to see a fair representation of those funds being applied to the Minority and Women owned business community in Wichita. Council Member Rogers Council Member Rogers said this has been an on- going dilemma. Given all the information on how things are done and how funds are distributed, and what the Federal Government has done and is doing and is considering, this is a problem. Council Member Rogers asked that the Council Members keep in mind that all citizens are impacted by the funds allocated through these programs. These contracts are awarded in all kinds of ways. As the Federal government has structured the awarding of some of these contracts with some kind of reasonableness, when citizens of Wichita are awarding, in essence, contracts and tax abatements, there ought to be some kind of reasonableness in the utilization of the contracts by individuals and individual corporations in the City. "My tax dollars pay for every one of these IRBs and tax abatements also, and there is no reason that I, or anyone like me, should not be eligible, either overtly, subtly, or however we want to phrase it, for these contracts and, in most of the instances, we simply are not." "I do not believe we can continue to overlook the economic impact of citizens on the quality of life in this City and, in too many instances, that is what we are doing." Motion -- Cole moved that, subject to the following conditions, a Letter of Intent to The Hayes Company, Inc. for Industrial Revenue Bonds in an amount not to exceed $1.6 million be approved and the Vice Mayor be authorized to sign; and a 5-year 100% tax abatement with a review at the end of five years be approved: 1. Negotiation of a Lease Agreement and Bond Ordinance. 2. Arrangements have been made for the sale/placement of the bonds. 3. Guarantees for the payment of the bonds are in place. 4. Agreement to pay the City administrative fees of $2,500 per year for as long as the bonds are outstanding. 5. Agreement to pay all costs incurred by the City for processing the bonds/application. 6. An approved Equal Employment Opportunity/Affirmative Action Plan is on file with the City prior to issuance of the bonds. 7. An approved Water Conservation Plan is on file with the City prior to issuance of the bonds. 8. Agreement to submit building and site plans to CART (City manager's Aesthetic Review Team) for review and to modify the proposed design to comply with any reasonable CART conditions or recommendations. 9. Agreement to provide the City, prior to submitting the proposed Lease Agreement, an Environmental Site Assessment (ESA) that documents the environmental conditions of the property, and an agreement that the ESA will be conducted by and independent consultant who is a recognized expert in the area. Industrial Revenue Bonds will not be issued if the ESA discloses environmental conditions that might have implications for bond purchasers under the liability provisions of the Superfund Amendments and Reauthorization Act (SARA). 10. Agreement that if the bonds are to be offered for sale to the public, the applicant will not, during the period of time the bonds are outstanding, have a commercial banking relationship with the trustee of the bonds to be issued unless the original purchaser of the bonds acknowledges in writing the existence of the relationship and waives any conflict that might exist as a result of the relationship. 11. Applicant is required to furnish copies of its annual audits to the City. 12. Cooperation with any annual compliance audit procedure the City may adopt to monitor compliance with conditions, including any annual reports required of the applicant and any inspections of the applicant's premises or interviews with the applicant's staff. 13. Commitment to achieve and maintain its proposed employment goals, and to meet its Equal Employment Opportunity/Affirmative Action goals, during the term of the tax abatement. If the applicant fails to demonstrate a good-faith effort to achieve these goals, the City may revoke the tax abatement by either imposing payments-in-lieu-of-taxes or by declining to make the annual exemption filing with the Board of Tax Appeals. All repayments of in-lieu taxes shall be redistributed to the other taxing authorities in accordance with the law. 14. Applicant is encouraged to utilize Minority- owned Business Enterprises (MBE) and Women-owned Business Enterprises (WBE) as contractors, subcontractors, engineers, architects, suppliers and vendors whenever possible. -- carried Motion carried 6 to 0. (Knight absent) CSBG FUNDS GRANT APPLICATION FOR COMMUNITY SERVICES BLOCK GRANT FUNDS. Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-444. The Community Services Block Grant Act provides funds to States for grants to local Community Action Agencies. The purpose of the program is to provide assistance to eligible entities to help ameliorate the causes of poverty in communities. The City of Wichita is the official Community Action Agency for Sedgwick County and has applied and been approved for a grant under this program for each year of the program. The Community Services Block Grant program is administered in Kansas by the Kansas Department of Commerce and Housing (KDOC&H). This application is for a continuation of the grant activities for the program year beginning July 1, 1996. If approved, the grant will provide continued funding for Human Services Department staff and neighborhood center operations as well as essential client services such as utility and rent assistance. The application has been reviewed by the Human Services Board and recommended for approval. The grant period is from July 1, 1996 to June 30, 1997. The amount of the grant request is $642,508. No local funds are requested. Motion -- Rogers moved that the application be approved and the Mayor be authorized to sign; and the City Manager be authorized to sign the grant award upon KDOC&H -- carried approval. Motion carried 6 to 0. (Knight absent) SOLID WASTE MANAGEMENT PUBLIC COMMENT ON SOLID WASTE MANAGEMENT. Vice Mayor Cather Vice Mayor Cather inquired if anyone wished to be heard. Larry Ross Larry Ross said he believes a new process at how decisions are reached is needed. With regard to the solid waste issue, talk needs to be about solid waste management planning (also taking into consideration collection), not just solid waste disposal. It seems the process has become convoluted with the last process being done first with the hope that the first process will come later. There is concern that the first process will not follow and that once the disposal process has been decided, there will be little attention paid to the collection process. It is hoped that with new dialogue and new deliberative process, there might be elements that have not been utilized. One of these would be utilization of the CPOs on a subdistrict basis. The subdistricts are much closer to the grass roots than the regular meeting pattern of the CPOs and should be an integral part of the process on solid waste and other matters. There is not a good feel for the trash "ethic", or lack thereof; and, until that has been determined it will be difficult to get public support for whatever decision the Council may make. Council Member Cole Council Member Cole expressed disappointment at the lack of attendance by City of Wichita residents at the Town Hall meetings and the City should join with the County in a joint effort. Focus so far has been on where the site is not wanted and most comments were on a personal level rather than on a business level. It is hoped the Council will begin to talk in more meaningful ways and that the matter will be sent to the CPO subdistricts. The meetings have not resulted in relating what the districts are feeling. Council Member Kamen Council Member Kamen said one of the most important things he learned from the recent conference was that the philosophies behind waste management are so different from town to town and from the rural to urban areas because each area's problems are so different. Also, one area delineated a transfer station program and a site and held a county-wide referendum as to how the issue should be addressed. As situations tend to get more polarized, it is uncertain whether as good of decisions can be made by the Council as might be made with citizen help because the citizens are the ones being affected. A referendum might help with communication and allow the gaps to be filled in because, usually, when there is a referendum everything tends to be digested thoroughly and people come out and give their views. At the Town Meetings, a lot of different views were heard but they tended to be fairly one-sided views (i.e.; putting a transfer station at Brooks Landfill without also touching on the subject of cost due to not having a railroad line nearby and other problems). Council Member Kamen said he is not advocating a referendum at this time but that he hoped the Council would allow Staff to obtain information now on cost, date options, deadlines, and procedures for a referendum; then if the Council were to decide on a referendum, the information would be available. Consensus of the Council was that there was no problem with obtaining information necessary for a referendum. Council Member Ferris Council Member Ferris said a workshop dedicated to this topic should be held where ideas can be exchanged and a time table and plan can be developed. Subdistricts, referendums, and other issues could be discussed at the workshop. Council Member Cole Council Member Cole suggested the County Commission join the City in the workshop session and that a united attempt be presented. Motion -- carried Cole moved that the comments be taken under advisement. Motion carried 6 to 0. (Knight absent) RESPONSE PLAN AMEND. PRETREATMENT ENFORCEMENT RESPONSE PLAN AMENDMENTS. Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-445. Amendments to the Federal Pretreatment Regulations, published in July, 1990, required that the City modify its Pretreatment Program to include an Enforcement Response Plan (ERP). This plan is written documentation that specifies how the City responds to industrial wastewater discharge and reporting violations of the Federal and local pretreatment regulations. The City must implement the Pretreatment Program in accordance to the United States Environmental Protection Agency (USEPA) Pretreatment Regulations, as a condition of the City's National Pollution Discharge Elimination System (NPDES) permit. The City's ERP was approved by USEPA in December, 1990, and adopted as policy for implementation, by the City Council on February 12, 1991. Staff believes the ERP has worked well, as it has provided consistent enforcement actions in response to similar instances of noncompliance. The regulated community understands that certain types of violations will always bring about particular enforcement actions, and they will not be subjected to an arbitrary action. The City's industrial pretreatment compliance rate far exceeds USEPA expectations for Pretreatment Programs which have as many regulated industries as the City. There are 67 industries in Wichita which meet the Significant Industrial User (SIU) pretreatment regulatory criteria. In 1995, the City's annual Pretreatment Compliance Report noted that three industries were in "Significant Noncompliance" with Pretreatment regulations. This amounts to a 96% compliance rate. When the regulatory agencies, USEPA and Kansas Department of Health & Environment, (KDHE), perform the annual Pretreatment Compliance Inspection Audit, the audits consistently note that the City's Enforcement Response Plan is one of the strengths of the Program. As effective as the current Enforcement Response Plan is, staff recommends modifications to the ERP to recognize the efforts industry makes to comply with regulations, especially with respect to self-reporting of discharge violations. Currently, the ERP requires that all violations exceeding the ordinance limit by 1.2 times, must have a Notice of Violation issued to the non-compliant industry. Further, in accordance with the plan, The City must issue the industry a monetary penalty not to exceed $1,000.00. Staff proposes that the ERP be modified to allow more flexibility in administering penalties. Staff recommends that when an industry is monitoring its own effluent at frequencies which exceed minimum monitoring occurrences, and a violation is detected, the City may use its discretion to waive the penalty providing: - the violation is not a result negligence; - the Industrial User notifies the City within 24 hours of the Industrial User's knowledge of the violation; - the Industrial User provides a written report within 10 days of the notification which will include the causal events leading up to the violation, and mitigative measures taken to avoid future violations; - subsequent monitoring shows compliance. Staff believes that this recognizes the responsibility that the industrial discharger assumes to meet the obligations of the Wastewater Discharge Permit, and will increase self-reporting by the industry when a discharge parameter limit is exceeded and provide a more accurate accounting of what may be discharged to the City's sewer system. Industrial/Commercial dischargers to the sanitary sewer system pay for the cost of enforcement activities via Permit Fees. Failure to adhere to the USEPA approved Enforcement Response Plan can result in EPA issuing an enforcement action against the City with associated monetary penalties. Inconsistent enforcement responses may result in claims of arbitrary actions on the City's part and increase the likelihood of litigation. A plan, properly noticed and provided to all Industrial Users provides a prudent and consistent approach to enforcing the conditions of the City's Code. Failure to adhere to the ERP as written could result in USEPA taking an enforcement action against the City. Vice Mayor Cather Vice Mayor Cather inquired if anyone wished to be heard and no one appeared. Motion -- Cather moved that the changes to the Enforcement Response Plan be approved and -- carried adopted as City policy. Motion carried 6 to 0. (Knight absent) PUMP REPLACEMENT REPLACEMENT OF PUMPS AT HESS PUMP STATION. Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-446. The Hess Pump Station was constructed in 1973. This facility is the main pump station for the City's water system. It pumps treated water from the water treatment plant into the water pipeline network throughout the City. The ability to maintain acceptable levels of water service for homes, businesses, industry and fire protection depend on the operation of this pump station. On June 7, 1994, the Council authorized a project to replace two of the pumps at the Hess Pump Station and to install a vacuum priming system (CIP project W-508). The project has an authorized budget of $390,000. Staff and the City's engineers recommended that these pumps be replaced due to a problem with the originally installed pumps that caused severe wear on the impellers of those pumps. On September 13, 1994, the Council approved an engineering services contract with Mid- Kansas Engineering Consultants (MKEC) for $31,500 to perform analysis and design services for the replacement of the pumps. On December 23, 1994, the City received bids for two new pumps for the Hess Pump Station. The low bidder was Patterson Pump Company with a bid of $164,000 ($82,000 per pump). The other two bids received at that time were $297,572 and $297,720 (about $150,000/pump). The City has installed the two new pumps, and has determined that they function well. The new pumps pump at a rate of 38 to 41 million gallons per day, while the pumps that they replaced could pump only 30 to 33 million gallons per day. Because they are also more efficient pumps, they also use less energy per 1000 gallons pumped. The cost of installing the two pumps was $85,000 less than the project budget authority. There remain five of the original pumps at the Hess Pump Station. When the project was initiated, the plan was to replace one more of the existing pumps in 2003, two in 2005, and the last two pumps in 2006. It was estimated that it would cost $1,000,000 to replace all seven pumps (approximately $145,000 each). City staff and MKEC have determined that Patterson Pump Company would sell additional pumps to the City at the December, 1994 price of $82,000 per pump. Staff and the engineer believe that the price quoted for these pumps is an exceptional value. However, purchasing additional pumps would require an exception from the Council's change order policy (R- 93-438), which limits change orders to 25% of the original contract amount. When MKEC evaluated the hydraulics at the Hess Pump Station they found that the existing discharge piping and valves create a hydraulic bottleneck that restricts the capacity of the pump station. The engineers estimate that replacing the piping and valves would reduce pressure loss and, thus, reduce energy costs by $45,000 to $60,000 per year. The estimated cost of correcting those bottlenecks is $700,000. CIP Project W-410 includes the cost to automate the operation of the Pump Station and correct the bottlenecks. W-410 has a budget allocation of $250,000 in 1996 and $1,300,000 in 1997. In order to obtain the maximum benefit from the installation of new pumps, staff recommends correcting the hydraulic bottlenecks at the same time as the pumps are replaced. There is also a need for additional engineering services associated with installing more pumps and designing correction of the hydraulic bottlenecks. MKEC has agreed to a contract amendment to perform those services on an hourly rate with a cost not to exceed $25,000. Staff has identified four alternatives for the City Council to consider: 1) Purchase one new pump at this time by using the remaining funds that have not been expended for this project (W-508). Purchase of this pump would would require the City Council to approve an exception to the City's change order policy. 2) Replace all five of the remaining pumps with new Patterson pumps now, and correct the hydraulic bottlenecks as part of that project. The cost to purchase five pumps would be $410,000. Staff estimates that it would cost approximately $25,000 per pump to have the old pumps removed and the new pumps installed. Therefore the total cost to engineer, purchase and install the remaining five pumps at this time would be approximately $535,000. If the hydraulic bottlenecks are also corrected at the same time, the total cost of this project alternative is estimated to be $1,260,000. The purchase of five new pumps in this way would require the City Council to authorize an exception to the City's change order policy, amend the CIP and approve the amendment to the engineering contract. 3) Re-bid pumps. Due to the significant difference in bid prices when this was first bid, staff believes there is a possibility that Patterson Pump may increase their bid price if the pumps are re-bid and with a resulting loss in at least some of the potential savings. Staff could re-bid the pumps with a stated upper limit of $82,000/pump to prevent such an occurrence. If this alternative is selected, the City Council would need to amend the CIP and approve the engineering contract amendment. 4) Do not purchase any additional pumps at this time, and remain on the replacement schedule that was originally approved in the CIP. If Council approves Alternative 1, staff would install the one new pump and there would be adequate funds remaining in W-508 to purchase and install that pump. A present value analysis was performed to compare the value of replacing the pumps now verses waiting to replace them on the original schedule. It was assumed that the interest rate would be 5.5%, that the price of new pumps would reflect the alternate bid prices received ($150,000 per pump), and that the annual energy savings of each new pump would be $15,710. The present value of replacing one of the pumps in the year 2003 is $103,110, plus an energy cost of $84,700, for a total present value cost of $187,810, compared to the cost of Alternative No. 1, which is $82,000. The present value of replacing all of the pumps at the original schedule is $460,000, plus an energy cost of $510,100, for a total present value cost of $970,100, compared to the cost of replacing all five pumps now in Alternative No. 2 or 3, of $535,000. Based on this analysis, the best value for the City would be to replace all five pumps now with a present value savings of $435,000. Currently W-508 has approximate $85,000 of remaining budget authority. If the City Council chooses to approve Alternative 2 or 3, there would be $475,000 of unbudgeted costs to purchase, engineer and install the pumps. Staff does not believe the pumps would be delivered in 1996, but that budget authority for at least the purchase and engineering should be provided (i.e. $410,000 + $25,000 = $435,000). Staff proposes that the City transfer the 1996 budget authority for project W-410 (Computer controls @ Hess PS) in order to obtain part of the needed funding for this project in 1996. Project W- 410 has a budget allocation of $250,000 in 1996. This would leave a budget deficit of $100,000 for W-508 in 1996 [i.e. $435,000 - $85,000(W-508 balance) = $350,000 - $250,000(W-410 1996 budget allocation) = $100,000]. Staff recommends that the City Council also increase the Water Utility CIP by $100,000 in 1996 to cover the remaining budget allocation for this project. In 1997, the pumps would be installed ($125,000) and the hydraulic bottlenecks corrected ($700,000). Staff recommends that Project W-410 1997 budget allocation be redirected to Project W-508 to cover those costs [i.e. $1,300,000(W-410 1997 budget allocation) - $825,000 (amount needed to complete pump installation and correct hydraulic bottlenecks under project W-508) = $475,000 (balance remaining in W-410 for computer controls for Hess PS)]. Staff has determined that a balance of $375,000 will be adequate to complete W-410 in 1997. As a result there is no net increase in the CIP over the 1996-97 time period from these reallocations. Amended C.I.P. Budgets: Project 1996 1996(R) 1997 1997(R) W-508 $ 85,000 $ 435,000 $ -0- $ 825,000 W-410 $ 250,000 $ -0- $1,300,000$ 375,000 Total $ 335,000 $ 435,000 $1,300,000 $1,200,000 The purchase of additional pumps at the bid prices received in December of 1994 by a change order would exceed the size of change orders allowed under current City policy. Therefore, the Council would have to authorize an exception to that policy. The Law Department has approved the contract amendment for engineering services as to form. Motion -- Cather moved that Option 2 with Option 3 (rebid) be approved. Motion carried -- carried 6 to 0. (Knight absent) HUD CONSOLIDATED PLAN HUD CONSOLIDATED PLAN - 1996/97 FUNDING REDUCTIONS. Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-447. On March 19, 1996, the City Council approved 1996/97 funding allocations for the Consolidated Plan. The Consolidated Plan includes Community Development Block Grant, HOME and Emergency Shelter Grant funds. Following the allocations, the One Year Action Plan was prepared and submitted to HUD based on estimated amounts of federal funding. The actual 1996/97 Consolidated Plan funding for Wichita has been reduced from the planning figures used by the Grants Review Committee and the City Council to make allocations. A comparison of the original planning figures and the actual funding levels by program are as follows: Program Planning Estimate Actual Variance CDBG $4,045,000 $3,921,000 -$124,000 (3.1%) HOME $1,613,000 $1,643,000 +$30,000 (1.9%) ESG $ 144,000 $ 102,000 -$42,000 (29.2%) Total $5,802,000 $5,666,000 -$136,000 (2.3%) The total Congressional appropriations for CDBG funding were the same as last year ($4.6 billion); however, the funding formula changed due to updated census data, additional entitlement cities, and larger HUD set-asides. Because of the decline in CDBG and ESG funding, it is necessary to reduce allocations to ensure available amounts match actual federal funding levels. Several options exist to meet the reduced funding: For ESG, Homeless Prevention is capped at 30% of the total grant, or $30,600. The City Council allocated $42,600 for Homeless Prevention which exceeds the cap by $12,000. This ESG category must be reduced to meet federal maximum limits ($30,600). Option 1 Delete one or two activities to achieve the required reductions for the CDBG program. Further reductions (beyond the mandatory $12,000 in Homeless Prevention) in ESG are required to meet the $42,000 deficit. A total of $5,487 in unexpended prior year funds may be used to address a portion of the deficit. Option 2 Provide for across the board reductions within each grant program requiring reductions (CDBG and ESG). This would proportionately reduce every CDBG and ESG project. However, ESG Homeless Prevention would still have to be reduced to a maximum of $30,600. Option 3 For CDBG, use the increase in HOME funds to offset a portion of the reduction in CDBG funds for housing activities (such as Ken Mar Neighborhood Program) and reduce one additional activity. ESG would require additional reductions beyond the $12,000 in Homeless Prevention required by federal law. The Grants Review Committee met on May 29, 1996, to review this issue and made the following recommendations for City Council consideration: 1. For CDBG, the Grants Review Committee recommended the following reductions: Project B-1, Rehabilitation and Investment Repair and Training, reduce by $5,000 from $294,000 to $289,000; Project B-65, Emergency Assistance housing program operated by Neighborhood Improvement Services, reduce by $19,000, from $250,000 to $231,000; Project B-119 and B-133 which was combined into a single Request for Proposal for new transitional housing, reduce by $100,000, from $100,000 to $-0-. 2. For HOME funds, the Grants Review Committee recommended retaining the additional $30,000 in contingency for future use. 3. For Emergency Shelter Grant funds, the Grants Review Committee recommended that $5,487 in prior year unexpended funds be added to the total revised 1996-97 allocation of $102,000 to raise the total ESG funds to $107,487. This still requires $36,587 in reductions to meet the reduced federal funding level. The funding reductions recommended by the Committee to meet the $107,487 budgetary level are listed on Page 7 of the allocation spreadsheet. Actual funding totals $5,666,000 for the 1996/97 program year which begins July 1, 1996. This total is comprised of $3,921,000 for Community Development Block Grant; $1,643,000 for HOME; and $102,000 for Emergency Shelter Grant (not counting $5,487 in prior year unexpended funds). Each grant program is restricted to certain federal allocation limits which cannot be exceeded. These are listed for each grant program as follows: CDBG $1,150,000 Public Services 20% Planning and Administration HOME 15% Neighborhood-Based Non- Profits(CHDOs) (min amt) 10% Administration ESG 30% Essential Services 30% Homeless Prevention 5% Administration Allocation of Consolidated Grant funds is also subject to individual federal eligibility rules regarding specific activities/programs and national objectives of primarily benefiting very low-income and low-income persons or addressing conditions of slums or blight. Vice Mayor Cather Vice Mayor Cather inquired if anyone wished to be heard and no one appeared. Motion -- Rogers moved that the Grants Review Committee funding reductions be approved. -- carried Motion carried 6 to 0. (Knight absent) CITY COUNCIL AGENDA CDC REPORT REPORT ON COMMUNITY DEVELOPMENT COALITION (CDC). Continued from May 7, 1996. Council Member Rogers Council Member Rogers reviewed the Item. Staff has visited the Phillis Wheatley complex site and conducted an internal audit of the CDC program; meetings have been held with the Executive Director, City Staff, and Council Member Rogers; and Staff has reviewed the project to determine the condition and work remaining on the north building (to ascertain the amount of funding required to complete the project). While there are and continue to be concerns about the operation of the Agency, the mission and obvious good intentions have not gone unnoticed. The youth of the Agency, along with the "learning period" and ambitious programs are some reasons, perhaps, for some of the issues which were identified in the audit. It is recommended that the additional funding required to complete the north building of the Phillis Wheatley project be approved, subject to the following conditions: 1. Immediate and verifiable steps be taken to correct the inadequate accounting procedures along with the procurement practices found in noncompliance with Federal and City requirements. 2. The Board membership comply with the Bylaws of the organization and appointments be made prior to any action by the City. 3. An amount of $12,000 be funded to complete the building remodeling project, subject to the availability of CDBG funding by June 30, 1996 (this funding would be from income received from CDBG projects). 4. All payments to vendors involved in the completion of the project will be made by the City directly to the vendor, subject to verification of goods and services. (Invoices will be required from the vendor in which material was shipped or services provided. CDC representatives will review and sign off on invoices to ensure work was complete or goods/services received before final payments are made.) 5. All procurement of materials and/or services will be performed by City purchasing specifications for services and/or materials will be submitted by CDC to the Purchasing Office for procurement. 6. CDC will not receive further funding from the City for the Phillis Wheatley complex. It is understood that the $12,000 will represent the maximum amount and full funding necessary to complete the project, except for any sweat equity or volunteer work required. By acceptance of this additional grant, it is understood that the project will be completed within 60 days of notices to proceed. 7. None of the above funding will be used to pay for any expenses incurred prior to the approval of the additional funds. 8. If, for any reason, the building is not utilized for the intended purpose, or leased, sold, or in any way no longer under the control of the CDC, then the amount of public funding allocated by the City of Wichita shall be reimbursed, unless otherwise waived by the City Council. 9. All deficiencies, in addition to those accounting and procurement violations, outlined in the CDC Compliance Review dated May 2, 1996, shall be addressed in a prompt manner by the CDC Board and staff and corrective responses made in a timely fashion. No further funding allocations from the City will be considered from CDC unless and until all corrective actions are taken. It is further recommended that the City Council approve an extension of the contract (between the City and CDEC) to September 1, 1996. Keith Morton Keith Morton, CDC Executive Director, said they had not seen the report and could not comment. Motion -- Rogers moved that additional funding in the amount of $12,000 be approved subject to the recommended conditions; and the Contract with CDC be extended to September -- carried 1, 1996. Motion carried 6 to 0. (Knight absent) APPOINTMENTS APPOINTMENT TO WICHITA PUBLIC BUILDING COMMISSION. One appointment (Kamen) for a term to expire June 30, 1997. Motion -- carried Kamen moved that this Item be deferred two weeks. Motion carried 6 to 0. (Knight absent) APPOINTMENT TO CIVIL RIGHTS AND SERVICES BOARD. One appointment (Cole) for a term to expire June 30, 1997. Motion -- carried Cole moved that this Item be deferred two weeks. Motion carried 6 to 0. (Knight absent) APPOINTMENT TO CONVENTION AND TOURISM COMMITTEE. One appointment (Rogers), for a term to expire June 30, 1997. Motion -- Rogers appointed Debbie Motley and moved that the appointment be approved. -- carried Motion carried 6 to 0. (Knight absent) APPOINTMENT TO HISTORIC PRESERVATION BOARD. One appointment (Kamen), for a term to expire June 30, 1997. Motion -- Kamen appointed Ann Meredith Hill and moved that the appointment be approved. -- carried Motion carried 6 to 0. (Knight absent) APPOINTMENT TO COMMISSION ON THE STATUS OF PEOPLE WITH DISABILITIES. One appointment (Rogers), for a term expiring June 30, 1997. Motion -- carried Rogers moved that this Item be deferred two weeks. Motion carried 6 to 0. (Knight absent) NOTICE OF VACANCY - PUBLIC ART ADVISORY BOARD. One vacancy (Rogers), due to the nonattendance of Charles McAfee, for a term expiring June 30, 1997. The appointment will be made June 18, 1996. PROCLAMATIONS PROCLAMATIONS. -- Family Preservation Week and Family Unity Day -- Freedom Run Day Motion -- carried Cather moved that the proclamations be authorized. Motion carried 6 to 0. (Knight absent) CONSENT AGENDA Cather moved that the Consent Agenda, including Addendum Item, be approved in accordance with the recommended action shown thereon. Motion carried 6 to 0. (Knight absent) BOARD OF BIDS REPORTS OF THE BOARD OF BIDS AND CONTRACTS DATED MAY 24, 1996, AND JUNE 3,1996. At 10:00 a.m., Friday, May 24, 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 5/28/96) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS South Seneca Pump Station, Phase II. (468- 82586/724252/420525) Does not affect existing traffic. (Council approval date 11-07-95) (District IV) Utility Contractors - $2,155,000.00 University Avenue from the east line of McComas to the east line of Kessler, Quincy Addition. (472- 82636/763300/490433) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 08-29-95) (District IV) and Knight Street from University to Taft, Quincy Addition. (472-82649/763425/490445) Traffic to be maintained through construction using flagpersons and barricades; and Kessler from Taft to University, Quincy Addition. (472-82635/763318/490434) Traffic to be maintained through construction using flagpersons and barricades; and University from Kessler to Knight, Quincy Addition. (472- 82683/763581/490461) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 08-29-95) (District IV) Ritchie Paving - $206,510.20 (Aggregate LS/MQ Total Alt. 2) Water Distribution System to serve Forest Lakes Addition (north of 29th, west of Ridge). (448- 89021/733188/470396) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 04-02-96) (District V) WBW Contractors - $21,922.00 Lateral 130, War Industries Sewer to serve Fox Pointe 2nd Addition (west of Webb, south of 29th). (468- 82580/742718/480363) Does not affect existing traffic. (Council approval date 03-26-96) (District II) Utility Contractors - $58,379.25 Lateral 13, Main 17, Southwest Interceptor Sewer to serve Forest Lakes Addition (north of 29th, west of Ridge). (468-82577/742726/480364) Does not affect existing traffic. (Council approval date 04-02-96) (District V) Utility Contractors - $63,094.00 1996 Contract Maintenance Repair of Intersections of Waco at 12th, 11th, 10th, and the west 1/2 of 9th Streets. (132423) (706317 WCR 621326 MH Adj) (112000) Traffic to be maintained during construction. (Council approval date 01-23-96) (District all) Barkley - $94,310.00 (Engineer's Construction Estimate-Negotiated) Cather 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 6 to 0. (Knight absent) At 10:00 a.m., Friday, May 31, 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 6/3/96) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Shadow Lakes from the west line of Lakecrest to the east line of Lot 26, Block 3 and the east line of Lot 13, Block 4; Lakecrest from the north line of Shadow Lakes to the north line of Lot 36, Block 3 and the north line of Lot 2, Block 5; and sidewalk on the north side of Shadow Lakes, from the west line of Lakecrest to the east line of Lot 26, Block 3, Forest Lakes Addition (north of 29th, west of Ridge). (472- 82698/763615/490464) Does not affect existing traffic. (Council approval date 04-02-96) (District V) Ritchie Paving - $108,126.00 (Lump Sum Total-Alternate 1) Lateral 68, Main 5, Sanitary Sewer #23 to serve Meadow Oaks 2nd Addition (south of 29th Street North, west of Woodlawn). (468-82570/742684/480360) Does not affect existing traffic; and Lateral 69, Main 5, Sanitary Sewer #23 to serve Meadow Oaks 2nd Addition (south of 29th Street North, west of Woodlawn). (468-82571/742676/480359) Does not affect existing traffic. (Council approval date 02-13-96) (District I) WB Carter Construction Co. Inc. - $70,141.00 (Aggregate Bid Total for Both - Negotiated) 1996 Contract Maintenance Bridge Deck Resurfacing at 2nd Street over the Canal, 21st Street over the Big Arkansas River and westbound Harry Street over I-135. (132449/112000) Traffic to be maintained through construction. (Council approval date 01-23-96) (District I & VI) Wildcat Construction - $274,060.00 (Engineer's Construction Estimate) Water Distribution System to serve Fox Pointe 2nd Addition (west of Webb, south of 29th). (448- 89019/733170/470395) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 03-26-96) (District II) Duling Construction Co., Inc. - $32,029.00 (Engineer's Construction Estimate- Negotiated) Northwest Transmission Line, Phase I from the Hess Pump Station to McLean Boulevard at Central Avenue. (448- 88894/632208/533) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 07-18- 95) (District IV & VI) Wildcat Construction - $2,859,915.00 (Total Base Bid) Cather 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 6 to 0. (Knight absent) CITY MANAGER: PUBLICATION OF LEGAL NOTICES (032102) AS PER SPECIFICATIONS The Daily Reporter Item 1 - $.42 (Cost Per Line) Item 2 - Mon. thru Fri. (Frequency of Publication) Item 3 - 2102 (Total Paid Circulation) Item 4 - 7 pt. (Type Size Point) Item 5 - 12 Pica (Publication Width) HUMAN SERVICES DEPARTMENT/WHA: BUILDING ADDITION FOR PROPERTY MANAGEMENT OFFICE (127696-4200) AS PER SPECIFICATIONS Great Plains Contractors, Inc. - $61,611.00 (Total Net Bid) PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS DIVISION: SIGN FACE SHEETING AS PER SPECIFICATIONS Group I - 3M - $ 43,244.40 (Total Net Bid) Item 1 - $ 1,122.12 Per Roll Item 2 - $ 1,402.65 Per Roll Item 3 - $ 1,402.65 Per Roll Item 4 - $ 1,683.18 Per Roll Item 5 - $ 322.22 Per Roll Item 6 - $ 427.42 Per Roll Item 7 - $ 841.59 Per Roll Item 8 - $ 1,402.65 Per Roll Item 9 - $ 1,402.65 Per Roll Item 10 - $ 1,683.18 Per Roll Item 11 - $ 277.02 Per Roll Item 12 - $ 554.04 Per Roll Item 13 - $ 117.18 Per Roll Item 14 - $ 212.76 Per Roll Item 15 - $ 117.18 Per Roll Item 16 - $ 212.76 Per Roll Group II - 3M - $ 30,169.17 (Total Net Bid) Item 1 - $ 749.25 Per Roll Item 2 - $ 168.75 Per Roll Item 3 - $ 186.98 Per Roll Item 4 - $ 186.98 Per Roll Item 5 - $ 521.78 Per Roll Item 6 - $ 186.98 Per Roll PUBLIC WORKS DEPARTMENT/MAINTENANCE DIVISION: TRAFFIC SIGN FACES AS PER SPECIFICATIONS Item 1 - Vulcan Signs - $ 24,460.00 (Total Net Bid) Item 2 - Midwest Const. Serv. Inc. - $ 958.20 (Total Net Bid) Item 3 - Vulcan Signs - $ 8,822.87 (Total Net Bid) PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS DIVISION: FURNISH & INSTALL CARPETING AT CITY HALL (790873-2599) AS PER SPECIFICATIONS Star Lumber - $ 127,043.00 (Total Net Bid) Item 1 - $ 28.95 Per Square Yard Item 2 - $ 28.95 Per Square Yard Item 3 - $ 28.95 Per Square Yard Item 4 - $ 28.95 Per Square Yard Item 5 - $ 29.10 Per Square Yard Item 5 - Alt Bid $ 22.75 Per Square Yard Item 6 - $ 33.50 Per Square Yard Item 7 - $ 6.00 Per Square Yard Item 8 - $ 25.00 Per Hour Per Man GENERAL GOVERNMENT/PROPERTY MANAGEMENT: LAWN MOWING, TRIMMING & EDGING SERVICES (205021) AS PER SPECIFICATIONS Item 1 - Cameron Lawn Service - $ 20.00 Per Mowing Item 2 - Deluxe Lawn - $ 11.00 Per Mowing Cather moved that the contract(s) be awarded as outlined above, same being the lowest and best bid. Motion carried 6 to 0. (Knight absent) LICENSE APPLICATIONS APPLICATIONS FOR LICENSES. Adult Entertainment. Sonja Barnes King's Enterprises2020 S. Oliver Applications for Licenses to Retail Cereal Malt Beverages. Renewal 1996 (Consumption on Premises) Cynthia M. Intfey Intfey, Inc. dba* 300 S. Greenwich Road #21 The BBQ Company Juvenal G. Fernandez La Mexicana Restaurant*408 W. 21st (Consumption off Premises) Ralph McGuire Dillon's Store No. 129450 E. Harry Stanley E. Brown Amoco Food Service233 S. Maize Rd. Stanley E. Brown Amoco Food Service10304 W. 13th Mark A. Boswell Midway Oil, Inc.4001 S. Seneca New Establishment 1996 (Consumption on Premises) Amelia Brennan Darts Tavern** ***1021 W. Harry * MORE than 50% of gross revenues from sale of FOOD. ** LESS than 50% of gross revenues from sale of FOOD. *** City of Wichita has previously revoked a Cereal Malt Beverage License at same location. Motion -- Cather moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 6 to 0. (Knight absent) PLANS AND SPECS. PLANS AND SPECIFICATIONS. a. Water Line along Glenn from McCormick to north of Munnell, Munnell from Hiram to Glenn, Millwood from McCormick to north of Dayton, Dayton from Vim to Millwood, Elizabeth from McCormick to north of Dayton. (448- 88991/634295/544429) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 07-18-95) (District VI) Motion -- Cather 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., June 14, 1996. Motion carried 6 to 0. (Knight absent) b. Roofing and Masonry Restoration for the Kansas Aviation Museum located at 3350 George Washington Boulevard (south of 31st Street and east of Oliver). (791525/435181) Does not affect existing traffic. (Council approval date 05-07-96) (District III) Motion -- Cather 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., June 28, 1996. Motion carried 6 to 0. (Knight absent) SUBDIVISION PLANS AND SPECIFICATIONS. a. Lateral 13, Main 13, Southwest Interceptor Sewer to serve Lark 3rd Addition (south of Kellogg, east of 119th Street West). (468-82611/742734/480365) Does not affect existing traffic. (Council approval date 05-21-96) (District 5) Motion -- Cather 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., June 14, 1996. Motion carried 6 to 0. (Knight absent) PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. 1996 Contract Maintenance Repair of Intersections of Waco at 12th, 11th, 10th, and the west 1/2 of 9th Streets - $102,510.00. (132423/706317 WCR 621326 MH Adj/112- 000) Traffic to be maintained during construction. (Council approval date 01-23-96) (District all) b. Sidewalk and Wheelchair Ramp construction or replacement at Swanson Park ad vicinity (Phase II) - $84,000.00. (472-82352/785352/440-066) Traffic to be maintained through construction. (Council approval date 11-01-94) (District I, II, III, V) c. Bikeway System along the Big River, Central from Waco to the Big River and along I-135 - $65,000.00. (472-82535/785394/440-070) Traffic to be maintained through construction. (Council approval date 11-01-94) (District I, II, III, V) d. Water Distribution System to serve Mediterranean Plaza Addition (north of 29th, east of Rock) - $213,840.00. (448-88950/733097/470-387) - $213,840.00. Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 09-19-95) (District II) e. Water Distribution System to serve Horseshoe Lake & Cox Machine Addition (north of 21st, east of Ridge) - $56,160.00. (448-89032/733162/470-394) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 04-23-96) (District V) f. Lateral 67, Main 22, War Industries Sewer to serve Mediterranean Plaza Addition (north of 29th, east of Rock) - $58,320.00. (468-82517/742619/480-353) Does not affect existing traffic. (Council approval date 09-19-95) (District II) g. Lateral 4, Main 16, Southwest Interceptor Sewer to serve Horseshoe Lake Addition (north of 21st, east of Ridge) - $141,232.00. (468-82596/742692/480-361) - $141,232.00. Does not affect existing traffic. (Council approval date 04-23- 96) (District V) h. Lateral 5, Main 16, Southwest Interceptor Sewer to serve Horseshoe Lake & Cox Machine Addition (north of 21st, east of Ridge) - $63,440.00. (468-82597/742700/480-362) Does not affect existing traffic. (Council approval date 04-23- 96) (District V) i. Lakeway Circle from the north line of 21st Street North to and including the cul-de-sac Horseshoe Lake & Cox Machine Addition (north of 21st, east of Ridge) - $104,000.00. (472-82712/763607/490-463) Does not affect existing traffic. (Council approval date 04-23-96) (District V) j. Water Distribution System to serve Fox Pointe 2nd Addition (west of Webb, south of 29th) - $45,320.00. (448-89019/733170/470395) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 03-26-96) (District II) k. Water Distribution System to serve Forest Lakes Addition (north of 29th, west of Ridge) - $37,440.00. (448-89021/733188/470396) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 04-02-96) (District V) l. Lateral 130, War Industries Sewer to serve Fox Pointe 2nd Addition (west of Webb, south of 29th) - $85,000.00. (468-82580/742718/480363) Does not affect existing traffic. (Council approval date 03-26-96) (District II) m. Lateral 13, Main 17, Southwest Interceptor Sewer to serve Forest Lakes Addition (north of 29th, west of Ridge) - $135,960.00. (468-82577/742726/480364) Does not affect existing traffic. (Council approval date 04-02-96) (District V) n. Lateral 26, Main 1, Cowskin Interceptor Sewer to serve Marshall Addition (east of Maize, north of Kellogg) - $41,040.00. (468-82573/742635/480355) Does not affect existing traffic. (Council approval date 02-27-96) (District V) o. University Avenue from the east line of McComas to the east line of Kessler, Quincy Addition - $62,040.00. (472-82636/763300/490433) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 08-29-95) (District IV) p. Knight Street from University to Taft, Quincy Addition - $99.000.00. (472-82649/763425/490445) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 08-29-95) (District IV) q. Kessler from Taft to University, Quincy Addition - $88,500.00. (472-82635/763318/490434) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 08-29-95) (District IV) r. University from Kessler to Knight, Quincy Addition - $68,000.00. (472-82683/763581/490461) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 08-29-95) (District IV) s. 1996 Contract Maintenance Chip Seal of asphalt streets at various locations - $116,800.00. (131607/112000) Traffic to be maintained through construction. (Council approval date 01-23-96) (District all) t. Relocation of an existing 16" water line along Seneca at I-235 - $75,000.00. (448-88977/635037/533) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 07-18-96) (District IV) u. South Seneca Pump Station, Phase II - $3,200,000.00. (468-82586/724252/420525) Does not affect existing traffic. (Council approval date 11-07-95) (District IV) Motion -- Cather moved that the preliminary estimates be approved and filed. Motion -- carried carried 6 to 0. (Knight absent) STATEMENTS OF COST STATEMENTS OF COST. a. (Fifth Partial) City Hall Space Utilization and Remodeling - $784,424. (Less: bonds previously issued - $663,424; other sources of funding - $85,000) Amount of bonds to be issued at this time - $36,000. (435-040/790097) b. (Final) Acquisition of the Allis Hotel - $3,333,292. (Temporary Note interest cost - $44,419; Idle fund interest cost - $116,162) (Less bonds previously issued - $3,110,000) Amount of bonds to be issued at this time - $383,873. (435-064/790337) c. (Fourth Partial) City Hall Parking Garage - $6,080,255. (Less: bonds previously issued - $4,800,312; other sources of funding - $1,209,943) Amount of bonds to be issued at this time - $70,000. (435-074/790436) d. (Final) Miscellaneous Fire Facility Construction and Repair - $172,868. (Temporary Note interest cost - $1,121; Idle fund interest cost - $5,052) (Less: bonds previously issued - $177,067; other sources of revenue - $1,974) Amount of bonds to be issued at this time - $0. (435- 075/790444) e. (First Partial) Relocate the Northeast Branch Library (construction) - $216,775. (Less bonds previously issued - $24,775) Amount of bonds to be issued at this time - $192,000. (435-085/790543) f. (Second Partial) Americans with Disabilities Act modifications - $399,700. (Less: bonds previously issued - $290,000; other sources of funding - $6,700) Amount of bonds to be issued at this time - $103,000. (435- 091/790600) g. (Final) Demolition of Woolworth Building - $394,318. (Idle fund interest cost - $11,995) (Less: bonds previously issued - $320,632; other sources of revenue - $10,350) Amount of bonds to be issued at this time - $75,331. (435-106/790758) h. (First Partial) Construct a Parking Lot at the Mid-America All-Indian Center - $49,000. Amount of bonds to be issued at this time - $49,000. (435-107/790766) i. (Second Partial) City Hall Carpet Replacement - $250,000. (Less bonds previously issued - $150,000) Amount of bonds to be issued at this time - $100,000. (435-118/790873) j. (Second Partial) Construction of the Science Center - $1,374,240. (Less: bonds previously issued - $675,000; other sources of funding - $84,240) Amount of bonds to be issued at this time - $615,000. (435-119/790881) k. (Final) Carpet Replacement at Century II - $11,824. (Temporary note interest cost - $3,049) (Less other sources of revenue - $2,505) Amount of bonds to be issued at this time - $12,368. (435-122/790915) l. (Second Partial) Recarpet the Main Library - $219,000. (Less bonds previously issued - $200,000) Amount of bonds to be issued at this time - $19,000. (435- 123/790923) m. (First Partial) Heating and Cooling at the Osage Recreation Center - $24,000. Amount of bonds to be issued at this time - $24,000. (435-128/790972) n. (Amended Final) Fire Facility Construction and Repair - $113,065. (Idle fund interest cost - $1,553) (Less bonds previously issued - $106,980) Amount of bonds to be issued at this time - $7,638. (435-130/790998) o. (Second Partial) Purchase Fire Apparatus Replacement Equipment - $1,044,957. (Less: bonds previously issued - $1,000,000; other sources of funding - $21,957) Amount of bonds to be issued at this time - $23,000. (435-131/791004) p. (First Partial) Design a Vest Pocket Park on the former Woolworth site - $33,837. Amount of bonds to be issued at this time - $33,837. (435-132/791012) q. (First Partial) Remodel City Hall Floors Two (2) and Thirteen (13) - $92,000. Amount of bonds to be issued at this time - $92,000. (435-133/791020) r. (Final) Improving a Parking Lot at 1137 North Broadway - $6,399. (Idle fund interest cost - $222) (Less other sources of revenue - $974) Amount of bonds to be issued at this time - 5,647. (435-134/791038) s. (First Partial) Exterior Renovation of the Omnisphere Building - $120,000. Amount of bonds to be issued at this time - $120,000. (435-137/791061) t. (First Partial) Renovation of Lawrence- Dumont Stadium - $250,000. Amount of bonds to be issued at this time - $250,000. (435-140/791095) u. (Final) Carpet Replacement at the Omnisphere - $9,635. (Idle fund interest cost - $805) Amount of bonds to be issued at this time - $10,440. (435-142/791111) v. (Second Partial) City Hall Elevator Renovation - $394,000. (Less bonds previously issued - $390,000) Amount of bonds to be issued at this time - $4,000. (435-143/791129) w. (Final) Purchase Keen Kutter Parking Garage - $319,742. (Temporary Note interest cost - $7,473; Idle fund interest cost - $24,488) Amount of bonds to be issued at this time - $351,703. (435-144/791137) x. (Amended Final) Botanica Parking Lot Expansion - $164,416. (Idle fund interest cost - $5,019) (Less bonds previously issued - $83,934) Amount of bonds to be issued at this time - $85,501. (435-147/791160) y. (First Partial) Renovate Century II Stage and Equipment - $300,000. Amount of bonds to be issued at this time - $300,000. (435-149/791292) z. (First Partial) Purchase the Scholfield Property at 29th North and Woodlawn - $177,000. Amount of bonds to be issued at this time - $177,000. (435-150/791210) aa. (Second Partial) Economic Opportunity Purchase of Land South of Lawrence-Dumont Stadium for Future Development - $994,375. (Less bonds previously issued - $979,375) Amount of bonds to be issued at this time - $15,000. (435-152/791236) bb. (First Partial) Century II Air Conditioning and Heating Equipment - $430,000. Amount of bonds to be issued at this time - $430,000. (435-153/791244) cc. (First Partial) Main Library Entrance Vestibule - $52,000. Amount of bonds to be issued at this time - $52,000. (435-156/791277) dd. (First Partial) Mid-America Indian Center Interior Improvements - $130,000. Amount of bonds to be issued at this time - $130,000. (435-157/791285) ee. (First Partial) Century II Interior Renovations - $690,000. (Less other sources of funding - $300,000) Amount of bonds to be issued at this time - $390,000. (435-158/791293) ff. (First Partial) Health Department Roof Renovations - $70,000. Amount of bonds to be issued at this time - $70,000. (435-159/791301) gg. (First Partial) East Bank Land Acquisition at 401 S. Main, 107 and 111 West Waterman - $185,000. Amount of bonds to be issued at this time - $185,000. (435-163/791343) hh. (First Partial) Fire Apparatus Replacement Program - $720,000. Amount of bonds to be issued at this time - $720,000. (435-164/791350) ii. (First Partial) Upgrade Climate Control System Equipment - $199,000. Amount of bonds to be issued at this time - $199,000. (435-165/791368) jj. (First Partial) Animal Shelter Incinerator #2 - $72,000. Amount of bonds to be issued at this time - $72,000. (435-169/791400) kk. (First Partial) Fire Facility Repairs - $300,000. Amount of bonds to be issued at this time - $300,000. (435-170/791418) Motion -- Cather moved that the Statements of Cost be approved and filed. Motion -- carried carried 6 to 0. (Knight absent) PETITIONS SANITARY SEWER TO SERVE LOTS 13 AND 14, BLOCK F, MERIDIAN GARDENS ADDITION (NORTH OF 33RD STREET NORTH, WEST OF MERIDIAN). (District VI) Agenda Report No. 96-449. The signatures on the petition represent 100% of the improvement district. Meridian Gardens Addition was originally developed outside the City on private septic systems. The estimated project cost is $13,500. The funding source is Special Assessments. The estimated assessment to each lot is $6,750. Motion -- Cather moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 6 to 0. (Knight absent) RESOLUTION NO. R-96- 234 Resolution of findings of advisability and Resolution authorizing construction of Lateral 39, Main 21, Sanitary Sewer #22 (north of 33rd North, west of Meridian) Project No. 468-82606 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cather moved that the Resolution be adopted. Motion carried 6 to 0. (Knight absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers. WATER SUPPLY LINE TO SERVE CAMPUS HIGH SCHOOL (EAST OF MERIDIAN, NORTH OF 55TH STREET SOUTH). (District IV) Agenda Report No. 96-450. The signature on the petition represents 100% of the improvement district. The project provides municipal water service to Campus High School. It is currently served by a private water well. The project budget is $47,000. The funding source is Special Assessments. Motion -- Cather moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 6 to 0. (Knight absent) RESOLUTION NO. R-96- 235 Resolution of findings of advisability and Resolution authorizing construction of Water Supply Line Number 448-89053 (east of Meridian, north of 55th Street South) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cather moved that the Resolution be adopted. Motion carried 6 to 0. (Knight absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers. BOARD MINUTES MINUTES OF ADVISORY BOARDS. Board of Appeals of Plumbers and Gas Fitters, 5/7/96 Board of Code Standards and Appeals, 5/6/96 CPO East Council 2, 5/13/96 CPO Southeast Council 3, 5/9/96, 5/23/96 CPO Southwest Council 4, 5/23/96 CPO Northwest Council 5, 5/15/96 CPO North Central 6, 5/15/96 Human Services Board, 4/25/96 Wichita Commission on the Status of People With Disabilities, 4/24/96 Wichita Traffic Commission, 5/15/96 Wichita Metropolitan Transit Authority, 5/25/96 Wichita/Sedgwick County Board of Health, 5/9/96 Wichita/Sedgwick Council Solid Waste Management Committee, 4/15/96 Motion -- carried Cather moved that the Minutes be received and filed. Motion carried 6 to 0. (Knight absent) STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. There were no street closures/uses considered. AGREEMENTS/CONTRACTS EASEMENT ENCROACHMENT AGREEMENT - COUNTRY PLACE ESTATES. (District II) Agenda Report No. 96-451. The agreement allows Dan and Linda Francisco to occupy the public easement and waives all rights to action in law arising out of the encroachment over the easement. In addition, the owner of the property agrees to inspect, maintain and repair the sewer from such time as construction of the structure starts until they cease to occupy the easement. The property owner also agrees to pay parties for any increased costs that may accrue due to connecting to that portion of the sewer or easement that the structure is over. Finally, the agreement not only allows the City to be held harmless from claims resulting from leaking, cave-in, or other failures of the sewer, but also allows the City to be held harmless from claims resulting from replacement or upgrade of lines, manholes, and/or other Department property in the easement. Motion -- Cather moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Knight absent) DESIGN SERVICES FOR FOREST LAKES ADDITION. (District V) Agenda Report No. 96-452. The City Council approved the Forest Lakes Addition development on April 2, 1996. The proposed Agreement between the City and Professional Engineering Consultants, P.A. (PEC) provides for the design of Lateral 13, Main 17, Southwest Interceptor Sewer; Water Distribution System No. 448-89021; and paving Shadow Lakes, Lakecrest and sidewalk (north of 29th, west of Ridge). 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 $22,200 and will be paid by Special Assessments. Motion -- Cather moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Knight absent) DESIGN SERVICES FOR HORSESHOE LAKE ADDITION. (District V) Agenda Report No. 96-453. The City Council approved the Horseshoe Lake Addition development on April 23, 1996. The proposed Agreement between the City and Professional Engineering Consultants, P.A. (PEC) provides for the design of Lateral 5, Main 16, Southwest Interceptor Sewer; Water Distribution System No. 448-89032; and paving Lakeway Circle (north of 21st, east of Ridge). 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 $17,400 and will be paid by Special Assessments. Motion -- Cather moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Knight absent) DESIGN SERVICES FOR BRADFORD NORTH ADDITION. (District V) Agenda Report No. 96-454. The City Council approved the Bradford North Addition development on May 21, 1996. The proposed Agreement between the City and Poe & Associates of Kansas, Inc. provides for the design of Lateral 123, Westlink Sewer; Water Distribution System No. 448- 88984; and paving Meadow Knoll, Keith, Bellwood, Wedgewood, Meadow Knoll Courts, Bellwood Court, Wedgewood Circle, Wedgewood Court and sidewalk (west of Tyler, south of 29th). Because Poe & Associates of Kansas, Inc. provided subdivision engineering services for this addition, it can expedite construction plan preparation. Payment will be on a lump-sum basis not to exceed $120,780 and will be paid by Special Assessments. Motion -- Cather moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Knight absent) INSTALLATION OF RAILROAD SIGNALS. (District I) Agenda Report No. 96-455. The railroad crossing at Hillside, south of K-96, was recently improved with the installation of new signals and concrete crossing material. Planned improvements to Hillside at this crossing area will require the existing concrete crossing to be extended through the sidewalk areas. This Agreement will authorize the necessary rail and tie replacements, along with the installation of additional concrete crossing material. There will be no cost to the City. The estimated cost for the proposed improvements ($20,471) will be paid by Federal Safety funds. Motion -- Cather moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Knight absent) CONTRACT AMENDMENT CONTRACT AMENDMENT - BEHAVIORAL CONSULTANTS, INC. Agenda Report No. 96-456. On July 11, 1995, the City Council approved a contract between the City and Behavioral Consultants, Inc. to provide alternatives to incarceration services for Municipal Court misdemeanor offenders under the City's federal Comprehensive Communities Program (CCP) grant. Because the actual number of court referrals have been lower than originally projected, Behavioral Consultants requested the City amend the method of payment from a unit cost (per client day) basis to a cost reimbursement basis. Written approval was requested from the U.S. Department of Justice, the federal funding agency for the grant, and was approved. Motion -- Cather moved that the Contract be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Knight absent) TELECOMMUNICATIONS CONSULTING CONTRACT. Agenda Report No. 96-457. As the City's telecommunications system ages, the services of an independent telecommunications consultant are required to recommend replacement or other alternatives. Requests for Proposals were sent to fifteen (15) firms, three (3) of whom responded. The telecommunications consultant will: 1. Examine the existing telephone system at City Hall, Central Maintenance Facility, Art Museum, Health Department, Central Library and Century II; 2. Review cable and wiring at these facilities; and 3. Make recommendations for upgrade or replacement where necessary. A selection committee comprised of representatives from Data Center, Finance, Fire, and the Director of Telecommunications for Columbia Wesley Medical Center reviewed the three proposals. Proposals were evaluated on: 1. The consultant's independent status; 2. Experience with municipal governments; 3. Experience with systems as large and complex as the City's; and 4. Price. Teleplanning Associates, Inc.'s proposal received the highest evaluation score. All committee members concurred with the scoring. The cost of the services ($40,000) will be paid from the Telecommunications Fund. Motion -- Cather moved that the Contract be approved and the Mayor be authorized to sign; and the budget transfer in the amount of $40,000 from contingency funds be -- carried approved. Motion carried 6 to 0. (Knight absent) PARATRANSIT VANS PURCHASE OF PARATRANSIT VANS. Agenda Report No. 96-458. The Metropolitan Transit Authority received a grant for $210,000 from the Federal Transit Administration ($168,000) and Kansas Department of Transportation ($42,000) to purchase Paratransit Vans. The City must purchase the vans prior to receiving reimbursement from the State. The Metropolitan Transit Authority has submitted a requisition to purchase (5) five Paratransit Vans funded 80% from the Federal Transit Authority (FTA) and 20% by Kansas Department of Transportation (KDOT). The State selected Kansas Truck Equipment to supply the Paratransit Vans for the State through a competitive bid process. Kansas Truck Equipment has guaranteed Paratransit Van prices through June 30, 1996. The Paratransit Vans will be purchased with grants from the FTA (80%) and KDOT (20%). The cost of each van is $40,075.00 for a total of $200,375.00. City of Wichita Purchasing Ordinance No. 38- 122 Section 2.64(J) provides for purchase supplies, services and equipment from contracts and agreements of other governmental entities which have been awarded, subject to public bidding and approved by the proper governmental entities authority. Motion -- Cather moved that the Purchasing Manager be authorized to purchase (5) five -- carried Paratransit Vans from Kansas Truck Equipment. Motion carried 6 to 0. (Knight absent) BEARING PURCHASE PURCHASE OF SCREW LIFT PUMP BEARING - STP#2. Agenda Report No. 96-459. The upper bearing on one of the six (6) screw lift pumps installed in 1990 at Sewage Treatment Plant #2 has failed and requires replacement. These pumps are used to move partially treated wastewater to the advanced treatment processes. The replacement bearing is a sole source item, available only from Wheelabrator Engineered Systems Inc. Because of the integral nature of the equipment in the treatment process there is no option but to effect the repair. The Department of Finance - Purchasing Division has obtained a firm price of $23,850 for the parts. Installation will be by City staff. Funds are budgeted annually in the CIP for large pump repairs of this nature. The Purchasing Ordinance Section 2(b) provides for the purchase of equipment and supplies from sole sources of supply without advertising for bids. Motion -- Cather moved that purchase of the screw lift pump bearing at a cost of $23,850 from Wheelabrator Engineered Systems as a sole source of supply be approved. -- carried Motion carried 6 to 0. (Knight absent) BROOKS LANDFILL CHANGE ORDER/DRAINAGE AT BROOKS LANDFILL. (District VI) Agenda Report No. 96-460. Brooks Landfill has suffered for several years from poor drainage control and discharge. This has led to erosion problems, water ponding, and difficulties in operations at the Landfill and maintaining the vegetation on the site. Improving the site drainage is an important issue which staff have discussed with the Kansas Department of Health and Environment (KDHE) in considering the City's request for an extension of the Brooks permit beyond October 9, 1996. These improvements are an integral part of environmental improvements to the Landfill and are needed to satisfy EPA's National Pollutant Discharge Elimination System (NPDES) requirements for surface water management. Elimination of standing water will decrease the generation of leachate. These improvements are needed whether an extension is granted by KDHE, or not. On February 14, 1995, the City Council approved an Agreement with SCS Engineers to design drainage improvements to Brooks Landfill. Design has been completed for Phase I of the drainage improvements. The initial phase of the drainage improvements consists of three new box culverts under West Street, earthwork to raise the elevation of West Street to increase ditch capacity and minimize road flooding, and minimal pavement at the new culvert locations. The consultant will soon finish the remaining phases of this drainage project, which will be brought to the City Council this summer for approval. To construct the Phase I Drainage Improvements, staff has negotiated a Change Order with Herzog Environmental, Inc., the current operator of Brooks Landfill. This Change Order will direct Herzog to perform this work to offset final closure work at Brooks which will not be performed during the present contract term. Herzog has proposed to do the construction work for Phase I at a value of $276,984. The proposal, reviewed by the Public Works Engineering staff, is a fair and reasonable charge compared with recent bids on similar work. Under the proposal, the Phase I Improvements will be constructed by Herzog at no additional cost. This drainage work will be performed in lieu of completing final closure of Cell D, which is the last active cell at Brooks. The current Landfill operating contract, written in 1989, contains a provision to close 1/2 of the current cell. However, if KDHE approves the City's request to extend the permit at Brooks, Herzog will not be performing the proposed closure work during the term of this contract. The value of the closure work would have been significantly higher than the value of Phase I Drainage Improvements, and the remainder will be resolved as either a refund to the City, or as in-kind payment for other drainage improvements needed at Brooks. This will be presented to the City Council when design plans are complete. An alternative for the City is to bid the Phase I Drainage Improvements through the normal bid process. However, it is essential to have this work completed as soon as possible to allow the paving of West Street this summer, as required in the Landfill Operating Contract. The delays of advertising, bidding and administering a separate contract for this work would delay the paving work. This factor, along with Engineering's review of the proposal costs indicate the negotiated Change Order is a good value for the City. The coordination of contractor's work on the site to minimize delays to Landfill users during the construction is also a consideration. Staff recommends approval of the negotiated Change Order for the Phase I work. Estimated cost of the work for Phase I will be $276,984. By replacing other work in the contract, there is no additional cost to the City for this work. There is no impact to the Landfill tipping fee nor the mill levy. Motion -- Cather moved that the Phase I Drainage Improvements be authorized; and Change Order No. 2 be approved and the Mayor be authorized to sign. Motion carried -- carried 6 to 0. (Knight absent) DAY CARE/DAY CAMP DAY CARE/DAY CAMP PROGRAM. Agenda Report No. 96-461. The Recreation Division of the Department of Park and Recreation proposes to offer an expanded Day Care/Day Camp Program at six recreation center sites for a ten-week period in 1996. For 1996, the Park Department budgeted funds for only two sites; however, due to increased demand, the expansion to six sites is proposed. The expansion will allow participation of 240 more children. To provide the necessary staffing and materials, it will be necessary to utilize $81,100 of Contingency Funds allocated to the Park Department for implementing new programs. The expanded program is expected to realize $110,000 in revenues. Motion -- Cather moved that the expanded program and the expenditure from the Recreation Division's Contingency Fund in the amount of $81,100 be approved. Motion carried -- carried 6 to 0. (Knight absent) PROPERTY ACQUISITION PAYMENT OF APPRAISERS' AWARD, FEES AND COSTS- EAST KELLOGG EMINENT DOMAIN CASE NO. 96 C 929. (District II) Agenda Report No. 96-462. On March 4, 1996, the City filed eminent domain proceedings to acquire 4 parcels along East Kellogg in connection with the planned highway improvements to the section of East Kellogg from Bluff to Edgemoor. All four parcels are commercial and the City is acquiring all of each parcel. The Rolling Thunder parcel is located on the west side of Oliver just north of Kellogg. The Dopps parcel is located on the north side of Kellogg just east of Oliver. The Anderson parcel and the Carlton parcel are located on the south side of Kellogg west of Oliver. The council approved acquisition of these parcels last fall and negotiations with the owners proved unsuccessful. The court-appointed appraisers valued the Rolling Thunder and Carlton parcels at $225,000 each. The Dopps parcel was valued at $430,000, as was the Anderson parcel. In order for the City to acquire these parcels it must pay the amount of the award into court on or before June 19, 1996. The court awarded each appraiser a fee of $3,000 for his work and assessed court costs of $66.50. These costs are part of the East Kellogg Project and will be paid from those project funds. In order for the City to acquire these parcels it must pay the award, appraisers' fees and court costs into the court on or before June 19, 1996. Motion -- Cather moved that payment of the appraisers' award, appraisers' fees and court -- carried costs in the amount of $1,319,066.50 be authorized. Motion carried 6 to 0. (Kamen absent) LEASE AGREEMENT LEASE AGREEMENT WITH M. DUANE OBLANDER D.B.A. HI-TECH PERFORMANCE. Agenda Report No. 96-463. The Lease Agreement is for one year with a four year option to renew, to stage drag boat races and other activities along the Arkansas River. The agreement would allow Hi-Tech Performances to plan and promote drag boat race evens in years 1996 through 2000. Staff has determined the activity will have no adverse impact on the river, river banks, or the adjacent neighborhoods. Hi-Tech Performances will be responsible for security, crowd control, fencing, trash service, and toilet facilities for the events. Mr. Oblander agrees to pay a rental fee of a minimum of $3,000 or 20 percent of the net revenue of the event, whichever is greater, each year of the agreement. An addendum has been drawn which stipulates that due to construction in the areas covered by the contract over the next five years, the contract will be reviewed and amended, if necessary, each year of the agreement. Motion -- Cather moved that the Agreement and addendum be approved and the Mayor be -- carried authorized to execute. Motion carried 6 to 0. (Knight absent) ENVIRONMENTAL EDUCATION ENVIRONMENTAL EDUCATION SUMMER CAMPAIGN. Agenda Report No. 96-464. In 1993, the City Council approved funding for a comprehensive environmental education program. This program was established 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 launch a mass media public awareness campaign this summer. The summer mass media campaign will run from June through September. The cornerstone of the campaign will be radio and television commercials promoting recycling, mulching of lawn waste and water conservation. The three television commercials and three radio commercials have been created and written by the Environmental Education Director. The "spots" are already being produced. On The Lake Creative Services will handle media planning and placement for the City. OTL Creative will: 1) recommend which programs and times to buy so the environmental messages reach the target audience, 2) negotiate advertising rates and contracts on behalf of the City, 3) analyze demographic information and audience ratings to ensure the messages reach the number of people expected and, 4) pay all of the individual media advertising bills for the City. The City of Wichita Environmental Education Program is shifting from what has been primarily a summer months only campaign to a year around effort. This means environmental messages will reach people in a consistent manner 12 months a year. The specific messages will be adapted to fit the particular season or time of year. The advertising budgets will be planned in advance and divided over four quarters. This contract will cover the summer advertising campaign only. Requests for Proposals will be sent later this summer to local advertising agencies inviting them to compete for the 1997 Environmental Education Program contracts. The contract amount is $65,000 which will be funded from the Environmental Trust Fund and Water Conservation Fund approved by the City Council for this purpose. The 1996 City Budget allocates $200,000 for advertising in the Environmental Education Program. The 1996 Water Conservation advertising budget is $100,000. Motion -- Cather moved that the Contract be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Knight absent) WATER/SEWER FACILITIES SOUTHBOROUGH ESTATES ADDITION AND SOUTH LAKES PARK WATER AND SEWER FACILITIES. Agenda Report No. 96-465. Southborough Estates Addition is located south of 47th Street South and adjacent to and to the west of Meridian. Petitions for water main extensions to serve Southborough Estates were approved by the City Council on August 25, 1987. In 1993, the City of Wichita purchased a 160- acre tract of land at South Lakes Park for the purpose of developing a sports complex. South Lakes Park is located east of Meridian between 47th Street South and 55th Street South. When totally developed, the sports complex and surrounding park will contain eight softball fields, sixteen soccer fields, a championship soccer field and a fishing lake. The Park Board is proposing a rest room/concession facility centrally located in the soccer field complex, and a rest room facility in the softball diamond complex. Installation of water and sewer utilities will assist with development of this area. The estimated project cost for water facilities to serve South Lakes and Southborough Estates is $366,000. $90,000 of the total cost will be paid by a portion of Southborough Estates through Special Assessments. The water main petitions for Southborough Estates were approved by the City Council on August 25, 1987. The remaining $276,000 will be paid from CIP project W-65, Unidentified Mains, funded from Water Utility revenues and reserves. This 1996 Capital Improvement Program (CIP) project was approved by the City Council on July 18, 1995. The estimated project cost for sewer facilities to serve South Lakes Park is $200,000. The total cost of the sewer project will be paid from CIP project S-5, Mains for Future Development, funded from Sewer Utility revenues and reserves. This 1996 Capital Improvement Program (CIP) project was approved by the City council on July 18, 1995. City of Wichita Code 16.14.041 and 17.12.061 sets out the payments of plant equity fees for connection of water service. At the discretion of the City Council, plant equity fees may be waived and/or modified in relation to economic development projects which, due to their unusual nature or magnitude, offer extraordinary benefits to the community. Sections 1b.04.040(1)(a)(b) and 17.12.065 set out payments for connection to water and sewer systems for properties not included in benefit districts. Because the park will be a public facility owned and operated by the City, the Council may order the water and sewer facilities to be installed and paid for by the community as a whole, through the water and sewer rates. Resolutions for the approved petitions to assess Southborough Estates for the construction of water mains were approved on October 27, 1987. The City Council has the authority under Sections 16.14.041 and 17.12.061 of the code to waive plant equity fees. Motion -- Cather moved that the expenditures and construction of water facilities to serve Southborough Estates Addition and South Lakes Park and the expenditures and construction of sewer facilities to serve South Lakes Park be approved; the water and sewer plant equity fees for South Lakes Park as provided for in Sections 16.14.041 and 17.12.061 be waived; and the water and sewer facilities to serve South Lakes Park to be paid for through the water and sewer rates be ordered in. -- carried Motion carried 6 to 0. (Knight absent) ADDENDUM ITEM 38a AGREEMENTS FOR GEOTECHNICAL SERVICES FOR THE HYATT HOTEL. Agenda Report No. 96-468. Construction has begun on the Hyatt Regency- East Bank Hotel. In order to assure and protect the City's interests and investments in the $40 million plus project, it became necessary to hire a geotechnical firm to provide soil borings reports. The project area and fee for each Agreement and the Amendment are listed below. Ballroom Meeting Room and Service Areas $5,000.00 Fee includes two additional borings Amendment $2,000.00 Tower Area $4,500.00 Parking Garage $4,500.00 Payment to the consultant will be made on a lump sum basis not to exceed $16,000 from funds available in the project budget. Motion -- Cather moved that the Agreements be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Knight absent) CONDEMNATIONS REPAIR OR REMOVAL OF DANGEROUS & UNSAFE STRUCTURES. Agenda Report No. 96-466. Improvement notices have been issued on these structures, however, compliance has not been achieved. Pre- condemnation and formal condemnation letters were issued and the time granted has expired. No action has been taken to repair or remove the following properties: (1) 533 N. Hydraulic (2) 925 North Ohio (3) 925½ N. Ohio (4) 1061 N. Ohio (5) 1501 N. Pennsylvania (6) 1432 N. Emporia (7) 3889-90 Roseberry Motion -- Cather moved that the Resolutions setting the hearing before the Governing Body -- carried on July 16, 1996, be adopted. Motion carried 6 to 0. (Knight absent) RESOLUTION NO. R-96- 227 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lot 3, Hardy Addition to Wichita, Sedgwick County, Kansas, known as 533 N. Hydraulic in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Cather moved that the Resolution be adopted. Motion carried 6 to 0. (Knight absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers. RESOLUTION NO. R-96- 228 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lots 25 and 27, on Ohio Avenue, in Moore's Addition to Wichita, Sedgwick County, Kansas, known as 925 Ohio in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Cather moved that the Resolution be adopted. Motion carried 6 to 0. (Knight absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers. RESOLUTION NO. R-96- 229 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lots 25 and 27, on Ohio Avenue, in Moore's Addition to Wichita, Sedgwick County, Kansas, known as 925 ½ Ohio in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Cather moved that the Resolution be adopted. Motion carried 6 to 0. (Knight absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers. RESOLUTION NO. R-96- 230 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Odd Lots 41 through 47, inclusive, in Wabash Addition to Wichita, Sedgwick County, Kansas, known as 1061 Ohio in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Cather moved that the Resolution be adopted. Motion carried 6 to 0. (Knight absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers. RESOLUTION NO. R-96- 231 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lots 16 and 18, on Orange Avenue, now Pennsylvania Avenue, in Milford's replat of Lots 1 to 29 inclusive on Union Avenue to the City of Wichita, Sedgwick County, Kansas, known as 1501 North Pennsylvania in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Cather moved that the Resolution be adopted. Motion carried 6 to 0. (Knight absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers. RESOLUTION NO. R-96- 232 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lot 31, and the south 16 feet of Lot 33, on Emporia Avenue, Eagle Addition to Wichita, Sedgwick County, Kansas, known as 1432 North Emporia in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Cather moved that the Resolution be adopted. Motion carried 6 to 0. (Knight absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers. RESOLUTION NO. R-96- 233 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lot 9, except that part lying southeasterly of a line 63.29 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, known as 3889-93 East Roseberry in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Cather moved that the Resolution be adopted. Motion carried 6 to 0. (Knight absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers. ORDINANCES SECOND READING ORDINANCES. (First Reading 5/21/96) ORDINANCE NO. 43-145 IRB - Weyerhaeuser An Ordinance authorizing the City of Wichita, Kansas, to issue its Industrial Revenue Bonds, Series V, 1996 (Weyerhaeuser Company) in the aggregate principal amount of $4,950,000 for the purpose of acquiring, constructing, and equipping a solid waste disposal facility; prescribing the form and authorizing execution of a trust indenture between the City and NBD Bank in the City of Detroit, Michigan, as trustee; prescribing the form and authorizing execution of a lease agreement of the project between said City and Weyerhaeuser Company; prescribing the form of a guaranty agreement between Weyerhaeuser Company, as guarantor, and NBD Bank, Detroit, Michigan, as trustee; and prescribing the form and authorizing the execution of a bond purchase agreement between the City, Weyerhaeuser Company, and First Commerce Capital, Montgomery, Alabama, as purchaser of the Bonds, read for the second time. Cather moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Knight absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers. ORDINANCE NO. 43-146 Core Area Parking An Ordinance amending Section 11.52.055 of the Code of the City of Wichita, Kansas, pertaining to parking in the central core area of the City, and repealing the original of said Section, read for the second time. Cather moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Knight absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers. ORDINANCE NO. 43-147 Comp. Plan An Ordinance amending the Comprehensive Plan, under the authority granted by K.S.A. 12-747, and as approved by the Wichita-Sedgwick County Metropolitan Area Planning Commission, read for the second time. Cather moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Knight absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers. ORDINANCE NO. 43-148 A 96-8 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, read for the second time. Cather moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Knight absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers. A 96-8 ORDINANCE NO. 43-149 A 96-11 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, read for the second time. Cather moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Knight absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers. A 96-11 ORDINANCE NO. 43-150 A 96-12 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, read for the second time. Cather moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Knight absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers. A- 96-12 ORDINANCE NO. 43-151 A 96-13 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, read for the second time. Cather moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Knight absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers. A 96-13 ORDINANCE NO. 43-152 Z-3177/Z-3190 An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, read for the second time. Cather moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Knight absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers. Z-3177/Z-3190 ORDINANCE NO. 43-153 Weed Mowing An Ordinance making a special assessment to pay for the cost of cutting weeds in the City of Wichita, Kansas, read for the second time. Cather moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Knight absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers. First Reading Ordinance - Z-3196. Motion -- Cather moved that the following Ordinance be placed on first reading. Motion -- carried carried 6 to 0. (Knight absent) ORDINANCE An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, introduced and under the rules laid over. Z-3196 PLANNING AGENDA V-1969 PUBLIC HEARING - V-1969 - REQUEST TO VACATE THE UTILITY USE PLATTED FOR A RESERVE IN AN AREA SOUTH OF 45TH STREET NORTH AND EAST OF ROCK ROAD. (District II) Agenda Report No. 96-467. Staff Recommendation: Approve vacation of utility easement. MAPC Recommendation: Approve vacation of utility easement. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Vice Mayor Cather Vice Mayor Cather inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Cather moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order be recorded with the Register of Deeds. Motion carried -- carried 6 to 0. (Knight absent) EXECUTIVE SESSION Motion -- Cather 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 and the regular meeting be resumed no later than 11:45 a.m. in the City Council Chambers. Amendment -- Cather, with consent of the second, amended the motion to recess to lunch and move to executive session at 11:45 a.m.; add to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to potential litigation; and that the regular meeting be resumed at 12:15 p.m. -- carried Motion, as amended, carried 6 to 0. (Knight absent) RECESS Council recessed at 11:23 a.m. and reconvened in regular session at 12:25 p.m. Vice Mayor Cather Vice Mayor Cather 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 161 JUNE 4, 1996 Page 2