MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, October 7, 1997 Tuesday, 9:05 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Lambke, Cole, Gale; present. *Council Members Ferris, Kamen, Rogers; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Don Steelberg, Lorraine Avenue Mennonite Church. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. Minutes -- The minutes of the regular meeting of September 23, 1997, were -- approved approved 4 to 0. (Ferris, Kamen, Rogers; absent) AWARDS AND PRESENTATIONS PROCLAMATIONS Mayor Knight presented the Proclamations previously approved. *Council Members Ferris, Kamen, Rogers; present. GUESTS Official delegations from Orleans, France, and Tlalnepantla, Mexico, Wichita's Sister Cities, were welcomed. UNFINISHED BUSINESS DOUGLAS STREET PARKING REPORT ON EXPANDED DOUGLAS STREET PARKING. Monty Robson Downtown Coordinator reviewed the Item. Agenda Report No. 97-804 A. On August 5, 1997, the City Council approved expanded hours and area on Friday and Saturday nights for the Old Town Douglas Street parking on a trial basis. The approval was subject to the understanding that a Staff review and report would be returned to the Council following the trial period. On September 16, 1997, Council extended the trial period pending further Staff review to resolve concerns about access by emergency vehicles. On September 24, 1997, Staff, the Executive Board of the Merchants of Old Town Association and Vice-Mayor Cole met to attempt to find workable solutions to the Staff concerns. As a result of the meeting, the Merchants Association agreed to another "trial" weekend (September 26-28) during which single-row (instead of double-row as in the past) , angled parking in the center of Douglas would be closely monitored. During the weekend "trial," Staff noted that the single lane parking between St. Francis and Emporia improved the situation; however, without constant monitoring of the parking arrangement there appeared to be a tendency for vehicles to begin to revert back to double row parking. In addition, it was noted that the signage needs to be improved as do the barricades and/or yellow caution tape. City Staff recommended single-row parking (from Washington to Emporia) subject to the Merchants of Old Town Association providing increased monitoring of the parking situation; improved signage to direct vehicles; and improved methods (barricades and/or tape) to designate the parking areas. City Staff also recommended the parking situation be reviewed again in 180 days. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the expanded (single-row) parking be approved subject to increased monitoring to ensure emergency vehicle access at all times; improved directional signage; improved barricades and/or caution tape; and that the -- carried parking situation be reviewed again in 180 days. Motion carried 7 to 0. NEW BUSINESS SOLID WASTE COLLECTORS ORDINANCE ON LICENSING AND CONTRACTING FOR SOLID WASTE COLLECTORS. Council Member Ferris Council Member Ferris reviewed the Item and said those involved are satisfied their needs have been met. Gary Rebenstorf Director of Law summarized the changes in the Ordinance. On September 23, 1997, the proposed ordinance on licensing and contracting for solid waste collectors was placed on first reading. A meeting was held on September 25, 1997, attended by Council Member Ferris, Council Member Sheldon Kamen, solid waste collectors and staff. Comments were received by staff and incorporated into the ordinance. George C. Bruce of Martin, Pringle, Oliver, Wallace & Swartz, L.L.P also recommended changes on behalf of a solid waste collector which have been incorporated into the ordinance. The substantive changes to the ordinance include the following. _ The City Council favors an "open market" approach in the selection of solid waste collectors. _ The application process for a solid waste collectors license was simplified by deleting the specific criteria from the ordinance and incorporating the necessary information into a self-certifying application form. _ A deadline of 30 days was included for granting or denying the initial application of existing collectors who will be able to operate during the initial application period without violating the ordinance. _ A license shall be issued if the applicant executes a contract with the City and pays the license fee. _ The ordinance provides that the contract shall contain a clause stating that nothing in the contract waives the rights of the collector to oppose any ordinance changes. _ A new contract term was added that the contract will not restrict a solid waste collector from contracting with other parties or governmental entities for the collection and disposal of solid waste. _ Nothing contained in the ordinance shall be construed as a flow control provision. _ Each violation of the ordinance is punishable by a one time fine of up to $2,500. Upon presenting the completed application with signed contract, and payment of the $25 application fee, the license will be issued by the City Hall Express Office. If the applicant fails to certify that they are qualified to enter into a contract with the City then the application will be referred to the Director of Public Works for further consideration. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that the Ordinance be placed on its passage and adopted. Motion -- carried carried 7 to 0. ORDINANCE NO. 43-581 An Ordinance pertaining to solid waste collection and disposal and creating Chapter 3.51 of the code of the City of Wichita, Kansas, read for the second time. Ferris moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. PAVING PETITION PETITION TO PAVE MERIDIAN FROM 25TH TO HALSTEAD. (District VI) Steve Lackey Director of Public Works reviewed the Item. Council Member Kamen momentarily absent. Agenda Report No. 97-839. The signatures on the Petition represent 52% (9 of 17 ownerships) of the improvement district area. CPO Council 6 considered the Petition on September 10, 1997. The Council voted 5-0 to recommend approval. Meridian is a sand street that serves a neighborhood of single- family homes. The street is difficult to maintain and drains poorly. The estimated project cost is $212,000 with $22,000 paid by the City and $190,000 assessed to the improvement district. The method of assessment is the square foot basis. The estimated rate of assessment to individual properties is $00.45 per square foot of ownership. The City share is for the cost of intersection construction. The funding source is General Obligation Bonds. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Council Member Cole Council Member Cole asked that the trees be saved if possible. Motion -- Cole moved that the Petition be approved and the Resolution be adopted; and the Staff Screening and Selection Committee be authorized to select a design -- carried engineer. Motion carried 7 to 0. RESOLUTION NO. R-97-355 Resolution of findings of advisability and Resolution authorizing improving of Meridian (north line of 25th Street North to south line of Halstead) Project No. 472-81876 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cole moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. IRB - HOUSE OF SCHWAN PUBLIC HEARING AND ISSUANCE OF INDUSTRIAL REFUNDING REVENUE BONDS - HOUSE OF SCHWAN, INC. (District II) Allen Bell Financial Projects Director reviewed the Item. Agenda Report No. 97-840. On August 24, 1982, The House of Schwan, Inc., was issued Industrial Revenue Bonds, Series XVII, 1982, in the amount of $2,200,000. The bond issue financed the acquisition of land, the construction of a 45,000 s.f. building and the construction of a rail spur, located on the northeast corner of 35th Street North and Comotara Street in northeast Wichita. The House of Schwan is asking the City to issue refunding bonds which would replace the bonds previously issued. The proposed bond issue will refund and redeem the Series XVII, 1982 Bonds in the amount of $570,000 and the Series XVII-B, 1982 Bonds in the amount of $400,000. The primary purpose of the refunding issue is to achieve interest cost savings possible by current interest rates. The estimated costs of the project, and the sources of funding are as follows: Sources of Funds Bond Proceeds - 1997 Bonds $ 970,000 Uses of Funds Refund Series XVII, 1982 Bonds $ 570,000 Refund Series XVII-B, 1982 Bonds 400,000 Total Uses of Bond Proceeds: $ 970,000 Bond Counsel for the transaction is the firm of Hinkle, Eberhart & Elkouri. The House of Schwan has a current Equal Employment Opportunity/ Affirmative Action Plan on file with the Department of Human Services and is in compliance with all conditions of the original bond issues. The House of Schwan had indicated in 1982 that the expansion financed with the 1982 bonds would increase their employment from 33 employees to 50 employees. The House of Schwan's employment in 1997 is 73 employees. The House of Schwan has a commercial banking relationship with the Intrust Bank, Trustee for the bond issue. The original purchaser of the bonds, Gary Gamm, will acknowledge, in writing, as required by City Policy, the existence of the relationship and will waive any conflict that might exist as a result of the relationship. The House of Schwan agrees to pay all costs of issuing the bonds and to pay the City's $2,500 annual administrative service fee for the term of the bonds. The House of Schwan will not be granted an abatement of ad valorem property taxes in conjunction with the issuance of the bonds. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Kamen moved that the public hearing be closed; the Ordinance which will approve the Bond Documents including the Trust Indenture, Lease and Guaranty Agreement be placed on first reading; and the Mayor be authorized to sign the necessary -- carried documents. Motion carried 7 to 0. ORDINANCE An Ordinance authorizing the City of Wichita, Kansas (the "issuer") to issue its Industrial Refunding Revenue Bonds, Series XII, 1997 (House of Schwan, Inc.) in the aggregate principal amount of $970,000 for the purpose of refunding and redeeming certain outstanding industrial revenue bonds and to pay certain costs of issuance; prescribing the form and authorizing execution of a trust indenture between the issuer and Intrust Bank, N.A., in the City of Wichita, Kansas, as Trustee; prescribing the form of and authorizing execution of a lease of the project between said issuer and House of Schwan, Inc.; prescribing the form of a guaranty agreement between House of Schwan, Inc., as guarantor, and Intrust Bank, N.A., Wichita, Kansas, as Trustee; and prescribing the form and authorizing the execution of a bond purchase agreement between the issuer, House of Schwan, Inc., and Davidson Securities, Inc., as placement agent for the bonds, introduced and under the rules laid over. (Item No. 5) TRANSIT EMPLOYEES FACTFINDING REPORT (TRANSIT EMPLOYEES). Ray Trail Finance Director and Chief Negotiator for the City reviewed Staff's position. Agenda Report No. 97-824 A. The City of Wichita and Teamsters Local 795 are at impasse with respect to a contract for fiscal/calendar year 1997 and subsequent years. The parties have been meeting since November 1996. Two separate mediation efforts were undertaken. A factfinding was completed and the parties recently attempted negotiations over several days to reach agreement based on the recommendations set out in the factfinding report, to no avail. K.S.A. 75-4332 provides the mechanism whereby the impasse must now be resolved: "The representative of the public employer shall submit to the governing body of the public employer involved a copy of the findings of fact and recommendations of the fact-finding board, together with the representative's recommendations for settling the dispute..." The same statute also affords the Union an opportunity to submit its recommendations for settling the dispute. Following the hearing, the same statute charges the City Council as follows: "...take such actions as it deems to be in the public interest, including the interest of the public employees involved." Pursuant to this charge and counsel from the City Attorney, the City Negotiating Team submitted the factfinder's report to the City Council on September 23, 1997. The hearing and presentation of recommendations was deferred at the request of the Union to October 7, 1997. The impasse at hand is complex in terms of the number of issues in dispute, the length of time which has elapsed since negotiations began, and the changes involved in restructuring the governance of the transit system. The impasse is comprised of a series of issues. For the purpose of this report, the substantive and procedural issues involved will be addressed in terms of [a] the Factfinder's report, [b] City/Union post-factfinding negotiations, and [c] the City Negotiating Team's recommendations to resolve the impasse. The Factfinder notes in his report that there was a large volume of material and a long list of unresolved issues. It is ironic that having noted the substantial scope of the impasse, the Factfinder spent the least amount of time (known to the members of the City's Negotiating Team involving a factfinding process) with the parties in a direct discussion of the issues with the parties. Prior to the formal hearing, the Factfinder held no preliminary discussions with the parties to secure some basic understanding of the impasse issues or to narrow the focus of the impasse. The hearing on August 11, 1997, was only a half-day in length. The Factfinder made no follow-up inquiries to more fully understand any of the documentation submitted to him. The marginal quality of the factfinding report and the lack of understanding of basic issues involved in the factfinding is a direct result of the limited attention the Factfinder gave to this matter. It should not come as a surprise that neither the City Negotiating Team nor the Union Negotiating Team were able to endorse the Factfinding report in total as the basis for a settlement. Both sides took exception to more than one recommendation in the report. In some critical areas, the Factfinder even failed to make specific recommendations by simply suggesting key issues be the subject of further negotiations. It is not possible within this limited space to fully set out the objections of the City Negotiating Team to the Factfinder's report. There are some observations that City Negotiators feel need to be made concerning the Factfinder's conclusions and recommendations. The Factfinder sets out as his "objectives" equity in wages and other economic remuneration and cost-effective transit services. The City fully endorses these concepts. It is unfortunate that the Factfinder did not carry these concepts out in practice in his specific recommendations: [1] Wages: the City offered the Union a wage package which exceeded the wage scale proposed by the Union prior to impasse, and which is comparable to that of other City employees. [2] Health: the Factfinder states that "it would be inequitable to both the City and employees for the City contribution to the Teamster plan to diverge other than moderately, up or down, for the one plan over the other." The City agrees with this concept and pointed out to the Factfinder in its documents that in fact, the Teamster health plan cost considerably more than the City health plan, both to the City and employees. The Factfinder then ignores his own concept in recommending an increase in City contributions proportional to health insurance cost increases on the City health plan, while totally ignoring that the base cost is not even close to being the same starting point. The Factfinder's recommendation not only is in direct contravention to his own concept that the City (and taxpayers) should not be penalized by the transit employees choice on health plan, the Factfinder's formula actually makes the disparity even greater with the passage of time. Annual Average Employer Dollar Contributions City Versus Teamster Health Plans 1997 1998 1999 City Health Plan $3,133 $3,491 $3,714 Teamster Health Plan (Factfinder proposal) 4,134 4,606 4,883 Annual Cost Difference (per employee) +1,001 +1,115 +1,169 The Factfinder also dismisses the City's plan of offering a local health plan, citing the necessity for the Union to sponsor a plan for all union members for "critical mass" and because union members "do not have an alternative choice." No information was provided at the factfinding hearing to this effect by either the City or Union. In point of fact, of the 400,000 union members under the Teamster (Central States) pension plan, only 150,000 are covered under the Teamster (Central States) health plan. The Union health plan covers less than half of its own members. This so-called finding of fact by the Factfinder has no basis in reality. The Factfinder appears to be fabricating information to justify a predetermined personal opinion or bias on his own part. The issue at factfinding on health is exactly what the Factfinder ignored. The City does offer a health plan with superior benefits overall in comparison to the competing Teamster (Central States M200) plan, and with lower costs. The Union does have a choice and more members than not have obviously opted for a non-Teamster health plan. The City did not seek to impose the City's plan on the Union, only to point out that if the Union chose to continue their (expensive) health plan the City would not increase its contributions even higher. The City's position was consistent with the "objective" set out by the Factfinder; the Factfinder was not consistent with his own stated "objective." One other factor also needs stating at this point. It is true that health care costs are rising. It is also true that health benefits to transit employees covered under the Teamster (Central States) health plan have declined. With a City health plan that affords overall higher benefits for overall lower costs, it would seem self-evident that any decline in benefits which transit employees are experiencing is a direct result of the less than stellar management of the Teamster (Central States) plan. If the provision of services in a "cost-effective manner" is truly an objective in the mind of the Factfinder, it is hard to understand why he would not apply this to health insurance where the City is offering a far more cost-effective option for the employee. The City also offers each individual employee greater personal choice in the decisions about the type of coverage selected (rather than the one size and one payment fits all Teamster plan). [3] Pension: the City had accepted the position of the Union that the Teamster (Central States) pension plan be retained. The Factfinder's stated objective was "equity demands that the transit employees be treated on the same basis..." City Negotiators concur with the concept of "equity" and the City already is more than equitable in making City contributions to the Teamster (Central States) pension plan which are greater than for other comparable non-transit employees (at the same time, transit employees are not required to make any contribution to their own pension plan, unlike other City employees). The Factfinder's stated reason for his recommendation that the City increase its pension contributions is that "contribution for other City employees to the City sponsored plan will have risen, and will rise in the future, because it is a percentage of rising wages." This statement is simply not accurate. The Factfinder had the data provided by the City as to the comparable rates of contribution to pension plans. Using a high side amount (most Teamster represented employees would be fully covered by a lower City dollar contribution if they were under the City sponsored pension plan), the following demonstrates the high cost of the Teamster pension plan to the City versus the City sponsored pension plan (at the same time the City plan also offers higher pension benefits): Employer Dollar Contributions City Versus Teamster Pension Plans 1996 1997 1998 City (WER) Pension Plan $2,342 $2,243 $2,093 Teamster Pension Plan (Factfinder proposal) 2,652 2,713 2,775 Annual Cost Difference (per employee) +310 +470 +682 City rates of contribution to the City sponsored pension plan dropped from 14.4% to 8.4% or 42% during the same ten years that the Factfinder indicates that inflation increased by 33%. At the same time, the employee benefit from the City's pension plan increased as wages increased, resulting in a higher "final average salary" calculation upon which pension benefits are based. We find the Factfinder's analysis and logic to be flawed and inconsistent with his own standard of "equity." City costs for a City pension plan are not increasing; they are decreasing. "Equity" is not achieved with his recommendation; an existing "inequity" increases over time. It is apparent that the Teamsters Union offers a pension plan which is too costly for too low a benefit. The City is of the firm opinion that the Teamster represented employees should look to the Union leadership to address the problems of the Central State pension plan. In a time of exceptionally good market conditions, it has been reported nationally that the Central States liabilities exceeds assets by $2 billion. Yet at the same time, the Central States plan is forgiving United Parcel Service (UPS) of up to $100 million in pension contributions through the remainder of 1997 as part of the recent strike settlement (and placing this unfunded liability burden squarely on the rest of the participating employers like Wichita Transit). The City's pension plan has been much more wisely managed and currently is fully funded (as determined by actuarial standards). The City's pension plan offers increasing benefits while decreasing the rates of contribution. The City supports a fair and reasonable pension benefit for Transit employees. The City contribution rate to the Teamster (Central States) pension plan is already higher than City contributions for other City employees to the local pension plan. Nevertheless, City Negotiators can concede the necessity for some future cost increase to enhance the pension benefits of Transit employees but not by increasing payments into an already flawed Teamster pension plan. There are several other issues to which the City takes exception to the Factfinder's conclusions and recommendations. The above issues are highlighted only to demonstrate the serious flaws in the report. As indicated earlier, the Factfinder's report was so flawed that neither party was prepared to accept the recommendations entirely as submitted, nor could the report be used effectively as a guide to resolve the issues the Factfinder recommended be the subject of further negotiations. Albert Einstein said that "a person's judgment is no better than his information." The Factfinder's "objectives" of equity, cost-effectiveness, and compromise are ones to which any reasonable person could agree. It is unfortunate that he did not use the information readily available to him in applying his own "objectives" to the impasse, thereby providing a more sound basis to assist the City and Union in achieving agreement. Despite and not because of the Factfinder's report, the City did seek in all good faith to use the Factfinder's report as a basis to reach agreement with the Union. On September 18-20, 1997, City Negotiators met with Union negotiators in intensive post-factfinding negotiations to attempt to reach an agreement. City/Union Post-Factfinding Negotiations The City extended an offer to the Union on September 18, 1997, to implement all aspects of the Factfinder's report, except wages. In the instance of wages, the City agreed to implement the Factfinder's recommendations with the singular change of switching the 1997 (new wage scale) and 1998 (2.3%) wage packages. When the Union subsequently counterproposed to implement the 1999 wage package first (2.5%) as a revision to the City's variation, the City accepted. At one point in time, then, the City had agreed to implement the Factfinder's report in all but wages and had agreed to a Union counterproposal on the wage issue to which the City sought a variance. As noted earlier, the Factfinder failed to make specific recommendations on some impasse issues, notably fringe benefits (other than health/pension) and subcontracting, suggesting a need for further negotiations between the parties based on some general guidelines. In fringe benefits, the City agreed to negotiate on the basis of the Factfinder's guideline of "appropriate trade-offs." The City would agree to increase a fringe benefit where the transit employees were lower when compared to other City employees if the Union agreed to reduce some fringe benefit where the transit employees were higher than other City employees. On subcontracting, the City offered language which provided the Union input in subcontracting decisions and the opportunity to demonstrate that any Union solution could be as or more cost-effective than a subcontracting solution. The Union sought increases in health contributions by the City to the Teamster (Central States) health plan far in excess of the Factfinder's recommended formula for a health plan (C4), which was not even the level of health benefits for transit employees under the previous (1996) contract. The Union sought increases in uniform allowances and sick leave even though both had been the subject of pre-factfinding tentative agreements. [The Union recanted a number of pre-factfinding tentative agreements while maintaining that the City should honor all tentative agreements which the Union had considered advantageous.] The Union also sought increases in holidays and vacations, but refused to offer any "trade-off" item for consideration when the City pointed out that the transit employees enjoyed higher benefits than other City employees in the areas of longevity, training pay, premium pay on overtime, guaranteed workweeks, etc. Even though the period of the contract term was for 1997-1999, the Union demanded concessions by the City in guaranteeing increased City contributions to Teamster health and pension programs past the term of the contract into 2000 and beyond. Finally, the Union refused to accept the Factfinder's recommendation on lunch/shift breaks. At the conclusion of the three days of intensive negotiations, the City and Union remained apart in a number of areas, including: wages, language binding the City on future formulas for health/pension contributions beyond the 1997-1999 contract, other fringe benefits, subcontracting, and lunch/shift breaks. The Factfinding report ultimately proved too inadequate to form a basis for agreement. City Negotiating Team Recommendations to Resolve Impasse Pursuant to K.S.A. 75-4332, the City Negotiators is submitting the factfinding report to the governing body as well as the following recommendations for settling the dispute: [1] The current (1996) contract is the baseline for modifications. [2] All pre-factfinding tentative agreements would be implemented. [3] The proposed wage plan to be implemented is a 2.3% increase for 1997 (retroactive) and a new City wage scale in 1998 (adjusted by 2.3% from 1997). [4] The City health plans would be offered to Transit employees for 1998. [5] Other fringe benefits would remain the same and could be the subject of further negotiations in a future contract. [6] A subcontracting clause would not be included and could be the subject of further negotiations in a future contract. [7] All other contract provisions would remain unchanged from the current (1996) contract. If the Union agrees to extend the settlement through 1999, the following additional recommendations are offered: [8] The wage package would be increased to the Union's 9-18-97 counterproposal of 2.5% in 1997 (retroactive to 12-26-96), new City wage scale in 1998 (adjusted by 2.5% from 1997), and 2.3% in 1999. [9] Transit employees would remain in the Teamster (Central States) pension plan at the current $51 per week per employee City contribution. Effective in 1999, the City would also begin contribution of $5 per week per employee, with the employee matching the City's contribution, into a local deferred compensation program as an annuity program supplementing the Teamster (Central States) plan. Employees with a minimum of one year of continuous service with the Wichita Transit system would be enrolled in this new plan. The contract settlement can be financed within the City's transit budget for 1997/98 and projected 1999. The Director of Law has opined that the City Council cannot go beyond 1997 and 1998 in its determination to settle the dispute pursuant to K.S.A. 75-4332 without the consent of the employee organization. The governing body should inquire if the Union is willing to accept a City Council determination for 1999. If not, the City Council's actions should be limited to determining a settlement for 1997/98. CITY/TEAMSTER IMPASSE ISSUES Comparison Contract Issue Current CITY Position Last Known UNION Position Retroactivity Retroactive to 12-26-96 Retroactive to 12-26-96 Duration 1997-1998 1997-1999 (uncertain if 1999 if Union concurs Union will concur in 1999 of a unilateral contract) Health City Health Teamster Health Plan M200 Wages New Wage Scale for 1997 2.3% for 1997 New Wage Scale for 1998 2.3% for 1998 2.3% for 1999 if Union concur 2.5% for 1999 (also increase 1997 to 2.5%) Pension City contribution $5/week Incr City contribution $1.17 per employee in 1999 (if Union per week per employee 1998 concurs and if employees match) and $1.30/week/employee in into a local deferred comp plan 1999 (employee to pay difference)into Teamster pension plan Other Fringe Benefits No change in current contract Increased holidays and Union unwilling to offer vacation days. "appropriate trade-offs" in negotiation) Union Business Time Include no provision in contract 200 hours paid by City Call-in Time Pre-factfinding tentative 3-hours (2-hours as a trade agreement (2 hours) off for increased holidays/ vacation) Grievance Procedure No change current contract No change current contract Bid Procedure Pre-factfinding tent. agmt. Pre-factfinding tent. agmt. Safety Meetings Pre-factfinding tent. agmt. Pre-factfinding tent. agmt. Subcontracting Include no provision in contract Arbitration of subcontracting decisions Recognition No change in current contract No change in current contr. Steward Language Pre-factfinding tent. agmt. Pre-factfinding tent. agmt. Lunch/Shift Breaks No change in current contract Increased lunch/shift break time (retain current contract as trade-off for increased holidays/vacation) City Guidelines No change in current contract No change in current contr. Bulletin Board Pre-factfinding tent. agmt. Pre-factfinding tent. agmt. RECESS The City Council recessed at 9:55 a.m. and reconvened at 10:04 a.m. (The Council proceeded to take up time-certain Item 7 and then returned to this Item. See Item 7 for Council action.) Gary Rebenstorf Director of Law reviewed the State Statutes which set out the required procedure. Chuck Mosqueda Chuck Mosqueda, President of Teamsters Local 795, stated that, failing to reach an agreement, based on what Mr. Trail had submitted to Mr. Mosqueda last night, a unilateral contract would probably be imposed by the City of Wichita. In that case, failing to reach an agreement after each side has stated their position, Teamsters Local 795 would request a neutral arbitrator as written in the K.S.A. 75-4332(e). The arbitrator should make a final and binding decision. Statutes also state that all costs, including that of the neutral arbitrator, should be borne equally by the parties to the dispute. Mr. Mosqueda stated that, if there is going to be a unilateral contract implemented, an agreement cannot be reached. The Union believes the City negotiating team is committing an act of bad-faith bargaining by not complying with the Factfinder's Report. The City and the Union had reached numerous agreements prior to October 6th, 1997, when Ray Trail, as head negotiator for the City, pulled previous agreements off the table - including mediation and factfinding - which is an act of bad-faith bargaining prohibited practice under K.S.A. 75-4333 (5). The Union only wanted what the Factfinder recommended. His recommendations are still far below the area of the city average. If the City will not meet and confer, based on the Factfinder Report, the Union must ask for the arbitration. If arbitration is refused, the City will have then committed another prohibited practice under K.S.A. 75-4333 (7). Before accepting a unilateral contract the Union would like to have the arbitration order to allow the City Transit employees the right to a fair, equal, and non-discrimating contract. Mr. Mosqueda said a (hand-out to City Council Members) proposed Memorandum of Agreement dated December 27, 1996, to December 26, 1999, between the Wichita Metropolitan Transit Authority and Teamsters Union Local #795, was the Union's proposal. At 5:00 p.m., Monday, October 6, 1997, Mr. Mosqueda received the City's withdrawal of all prior agreements. Until then, the negotiators were down to three items: wages, holidays, and some vacations. The Union believes it was not asking too much of the City to accept the Factfinder's recommendations on wages, and the same holidays and vacations as City service employees. The City's Employee Handbook states that there are eleven paid holidays each year. Transit employees only receive seven holidays (plus an alternating eight (Martin Luther King/Presidents holiday when one-half of the crew works and the other half does not). The handbook also says that all City employees are provided a lunch period and rest breaks as specified by supervisors. The Transit employees come into the platform at :15 after and leave at :20 after. During that time period, the employees have to unload passengers and "punch-on" the new passengers and, maybe, run to the restroom - that is not a "break." For lunch periods, Transit employees can take a lunch bucket or stop at a Coastal-Mart or whatever and run in and hope to get something. This probably makes the driver run "hot" which can result in a warning ticket. An accident because of eating while driving can result in being fired. The City is being unrealistic by not allowing lunches or break. The Factfinder said he would not make a ruling for either side on this matter because there was not enough argument presented. The City's last offer was the worst offer and goes back to what was offered a year ago (eliminate Teamster insurance, pension; and offered 2.3 percent increase). That contract was voted down. This is the same contract with nothing included other than the 2.3 percent. The Factfinder recommended putting the Transit Authority on the City matrix right now, retroactive to December 26, 1996; a 2.3 percent increase in 1998, and a 2.5 percent increase in 1999. The Teamsters have told Mr. Trail all along that that would be accepted. The only time the Teamsters have differed on negotiations on wages was when the City negotiator was told the Teamsters would take the 2.5 percent now, the matrix in 1998, and the 2.3 percent at the end - if the City would give the "C-4" insurance level back. This was turned down by the City negotiator and the Teamsters broke off negotiations. The Factfinder ruled in favor of the Transit workers or recommended no changes on the rest. On the items with no change, the Factfinder said he did not have enough arguments from either side to rule. The Teamsters and the City Negotiator met and conferred on three occasions since Factfinding. At the meeting last Thursday, the Teamsters broke off negotiations because the City said it would not budge due to the Teamsters' insurance requirements. On Friday, the City Negotiator and the Teamsters met again. Mr. Mosqueda said he had faxed a note to the MTA asking that Bob Bates and the rest of the Committee be allowed to join the meeting. Now, Bob Bates is up for a five-day suspension because he came to the meeting. In Mr. Mosqueda's mind, that is also a prohibitive practice. The City would not offer any enhancements on Transit workers' fringe benefits even though the Union made concessions on sick leave and on uniform allowance, and even offered to give up longevity vesting years from three years to six years. The Union gave up concessions on call-in time, even though the Factfinder ruled up to three hours, and agreed to accept two hours. The Union was willing to table subcontracting until future negotiations, even though the Factfinder ruled that there should be a clause in the contract to protect the employees. The Union does not agree on no lunches or breaks but employees were willing to exchange for other enhancements. The Union's position in this area is that the City would be held accountable if anything should happen to the drivers or riders because of no breaks or lunches. The City's last offer presented October 6th, 1997, absolutely does not compare with the Factfinder on wages, length of contract, or health or pension. The City is saying City employees can stay with the present insurance now but will terminate its payments on December 27, 1997, knowing full well that Central States is a full participation agreement. The Union can get out of the Central States contract by a vote of the membership but it has to be a 51 percent vote. Negotiators are trying to make the transit workers believe the City insurance is better and cheaper. City insurance provides no accidental death and dismemberment, no life insurance, no retiree benefits, no dental insurance, no $100/week loss time for not working because of illness or injury. The Teamsters provide all of this at no additional cost. The City allows some of the above to be added but pays none of the additional cost except for 50 percent of the life insurance cost. Comparing Wichita to 110 other cities, Mr. Mosqueda said the wages range from $13.57 to $10.09. Wichita Transit is still not on the scale at $9.51. The City's matrix at $10.01 or $10.04, Transit employees would still not be on the scale comparable to other cities. The Union is asking that bus operating Transit employees be put in the City's matrix at $10.3405 (a $.22 increase) which would be just above the second to the lowest pay scale of compared cities. The mechanics would still be about $5 below in the class A mechanic. The City's matrix between equipment operator I and equipment operator II, Mechanic I, and Mechanic II show that all of the City's employees are $2 to $3 higher at the same longevity that most of the Transit employees have. Other comparable figures were given on a transparency presentation. If funds were transferred to pay for the Teamster proposal, general fund balances would decrease only slightly. The Director of Finance was figuring ten percent increase per year for three years with a C-4 insurance plan with $61 contributed to the plan. Now the Director of Finance is saying no pension, no insurance, none of the rest items. On the pension, the City withdrew its offer to increase contribution based on the wage increases as recommended by the Factfinder. On fringe benefits, the City has not offered any proposal to this date - even though the Teamsters has given concessions on the package offered to other City employees. Union negotiation time/compensation for Union stewards was agreed to by the City prior to yesterday and is no longer on the table, even though the Factfinder recommended 200 hours. Mr. Trail said there is no reason, with just 94 employees, that the Union should get 200 hours. It is believed by the Union that the reason 200 hours is needed has been shown right here. The current contract provides for no paid time off for Union employees to participate in contract negotiations and related Union business. In contrast, other city unions are permitted up to 300 hours for union business - this is not equitable. National and State level law relating to union/management relations is permitted on the notion of a level playing field in the power relationship between employer and employee. When agreement was made to meet on Friday, the City should not have deprived the Teamsters Union Committee from being present. In summary, the reason for rejection of the City proposal is that "we have been in negotiations over 18 months. We have been on strike. We have had the City Council put a magic wand over us and, now, after 35 years of negotiating with the City, we are now City employees - but City employees only in name. Being forced to come under PERB we have complied with the law. We have been in to mediation twice and now to Factfinding. The head negotiator for the City has stated that Anthony Redwood, the Factfinder and business professor from the University from the University of Kansas who holds a PHD and a diploma in public administration, did not know what he was doing, and said his report was nonsense and the Factfinding hearing was a sham." The City Council has two Task Force Reports concerning the Transit employees and a Factfinding Report - all of which the City has chosen to ignore. The City Council finds money for fine arts, build and buy hotels, build golf courses, and to purchase the Boat House but will not find the money to improve the Transit or take care of the Transit workers - and yet can find the money to put video cameras in the buses for surveillance. The Factfinder has determined the City has the ability to pay. The money, as the charts have shown, has been there and will continue to be there through 1999. The City can afford the Union proposal as modified in the October 7, 1997, letter. The employees have said they would back off on all of the other things if they could just get some of the things that are in the letter; otherwise, the Union is going for the contract as submitted as the first exhibit. Mayor Knight momentarily absent with Vice Mayor Cole in the Chair. Gary Rebenstorf Director of Law again reviewed the necessary steps as outlined in the State Statutes and said this process has been followed to a T. Sandra Burgart Sandra Burgart, Transit Authority employee and van driver, said the low wages proposed by the City would mean more out of pocket expenses. The City's proposal provides no breaks, lunch hours, or comparable wages. Bob Bates Bob Bates said there are no breaks at all some days and urged approval of the Union proposal. Chuck Mosqueda Chuck Mosqueda said the City's insurance policy would cost more than the Union's insurance policy. With the 80%/20% ratio, the City's insurance would cost approximately $98 per week. At the present, the Transit employees are paying $23.50 per week. Mayor Knight Mayor Knight said he wanted the parties to agree and that he would like the City Council to study what has been presented today. It is doubtful if the City can pay what the employees think they are worth but he would like time to think about the presentation. Mayor Knight said he was not interested in arbitration. Council Member Cole Council Member Cole explained that benefits are in her area of expertise and that, in no way, can the City's insurance be considered inferior. There would be more money in the employee pockets with the City's plan and she could not figure how the Teamsters' plan is superior. Motion -- Knight moved that this Item be deferred to a Special Meeting at 11:00 a.m. on Friday, October 10, 1997; and that Mr. Trail and Mr. Mosqueda be available for -- carried questions. Motion carried 7 to 0. CONDEMNATIONS REPAIR OR REMOVAL OF DANGEROUS AND UNSAFE STRUCTURES. Chris Cherches City Manager reviewed the Item. Agenda Report No. 97-842. On August 19, 1997, a report was submitted by the Superintendent of Central Inspection with respect to the dangerous and unsafe condition of the buildings located on the described properties. Resolutions were adopted providing for public hearings to be held on each of these condemnation actions at 10:00 a.m., October 7, 1997, and directing that Notices of Public Hearing be given. The Resolutions were duly published on August 20, 1997, and August 27, 1997. A copy of each Resolution was sent by certified mail or given personal service delivery to the owners and lien holders of records of each described property. The Board of Housing Standards and Appeals (BHSA) had previously reviewed each of the properties up for hearing today. Hearings will be conducted on the following properties: a) 1234 N. Emporia (District VI) b) 1350 N. Fairmount (District I) Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. 1234 N. Emporia (District VI) Council Member Cole Council Member Cole explained that this house is in the center of the Topeka/Emporia historic district. Historic Midtown Association has made an offer on the house and requested time to pursue acquisition. Motion -- Cole moved that the public hearing be closed, the resolution declaring the building(s) dangerous and unsafe structures be adopted, the staff recommended time frame of 60 days to purchase, 60 additional days to alleviate the findings be approved and any extensions of time granted to repair the structures would be conditioned on the following: (1) the structures are to be kept secured, and (2) the premises are to be kept mowed and free of debris; if any of these conditions are not met, staff is directed to proceed to let for bids to demolish the structure; and the City Clerk be instructed to have the Resolution published once in the official city paper and advise the owners of these findings. Motion -- carried carried 7 to 0. RESOLUTION NO. R-97-356 A Resolution finding that the structure located on the north half of Lot 276, all of Lot 278, Emporia Avenue, Ferrell's Addition to Wichita, Sedgwick County, Kansas, commonly known as 1234 North Emporia, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Cole moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. 1350 N. Fairmount (District I) Motion -- Rogers moved that the public hearing be closed, the resolution declaring the building(s) dangerous and unsafe structures be adopted, the staff recommended time frame of 10 days to start demolition and 10 additional days to complete and any extensions of time granted to repair the structures would be conditioned on the following: (1) any back taxes now due are to be paid and taxes kept current, (2) the structures are to be kept secured, and (3) the premises are to be kept mowed and free of debris; if any of these conditions are not met, staff is directed to proceed to let for bids to demolish the structure; and the City Clerk be instructed to have the Resolution published once in the official city paper -- carried and advise the owners of these findings. Motion carried 7 to 0. RESOLUTION NO. R-97-357 A Resolution finding that the structure located on Lots 36-38-40 Fairmount Avenue, Fairmount Place Addition to Wichita, Sedgwick County, Kansas, commonly known as 1350 North Fairmount, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Rogers moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. (The Council returned to complete Item 5 and action is shown with the Item.) SPECIAL ASSESSMENTS HEARING ON PROPOSED ASSESSMENTS FOR IMPROVING STREETS AND CONSTRUCTION OF SEWER PROJECTS. Chris Cherches City Manager reviewed the Item. Paving Projects Agenda Report No. 97-843. The Council was notified on September 9, 1997, that the proposed assessment rolls were on file for public inspection in the Special Assessments Section of the City Clerk's office. Notice of hearing was published September 12, 1997, ten days prior to the date of hearing, and affected property owners have been notified in writing. City personnel held an informal hearing September 18, 1997, for the paving projects. Financial Considerations: Statements of Special Assessment will be mailed October 24, 1997. The property owners have 30 days from date of statement to pay their assessment and avoid paying interest. The assessments not paid during this period will be in the February Bond Sale and put on the 1998 tax roll over a 15-year spread at the interest rate for which the bonds sell. The projects were initiated pursuant to provisions of K.S.A. 12-6a01 et seq. All were 100% petitions with the following exception: 472-81373 69% Petition 37th Street North 472-82659 78% Petition Alley from Mead to Mosley a. (472-81373/763433/490-446) - Improving 37th Street North from the east line of Toben Street to the west line of Webb Road, as authorized by Resolution adopted June 5, 1984, and published June 8, 1984. Petition for this improvement was signed by owners representing 69 percent of the property ownership. The Statement of Cost, including the cost of driveways, approved July 8, 1997, in the amount of $329,971.34 is to be apportioned 100 percent to the improvement district. The cost has been assessed on a front foot basis. b. (472-82659/763516/490-454) - Improving North-South Alley between Mead and Mosley from 18th to 19th Street North, as authorized by Resolution No. R-95-552 adopted December 5, 1995, and published December 8, 1995. Petition for this improvement was signed by owners representing 78 percent of the property ownership. The Statement of Cost, approved July 8, 1997, in the amount of $35,800.39, is to be apportioned 100 percent to the improvement district. The cost has been assessed on a fractional basis. c. (472-82726/763680/490-471) - Improving Dora, Prescott, Shefford, Esthner, Dora Court, Prescott Circle; and, sidewalk along one side of Prescott and Dora and along Esthner and Shefford, as authorized by Resolution No. R-96-225 adopted May 21, 1996, and published May 24, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved July 8, 1997, in the amount of $250,983.46 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. d. (472-82564/763805/490-483) - Improving Crestline from the north line of Pawnee to the south line of Prairie Woods including the Eyebrow serving Lots 55 through 58, Block 1, and the Eyebrow serving Lots 16 through 19 inclusive, Block 3; and a sidewalk along the east side of Crestline from the north line of Maize Road to the south line of Prairie Woods. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost, approved July 8, 1997, in the amount of $135,289.79 is to apportioned 100 percent to the improvement district. The cost has been assessed on a fractional basis. e. (472-82606/763854/490-488) - Improving Meadow Pass, Meadow Grove, Meadow Pass Courts, Meadow Grove Court; and sidewalk along the east line of Meadow Pass, and along the north line of Meadow Grove as authorized by Resolution No. R-95-336 adopted July 25, 1995, and published July 28, 1995; and Rescinding Resolution No. R-96-376, adopted October 1, 1996, and published October 4, 1996, and republished April 23, 1997. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved July 8, 1997, in the amount of $269,342.27, is to be apportioned 100 percent to the improvement district. The cost has been assessed on a fractional basis. f. (472-82723/763870/490-490) - Improving Dowell and Second Street,Clay Circle, Crest Circle, and; on the 32 foot right-of-way serving Lots 12 and 13, Block 1, The Fountains 2nd Addition, as authorized by Resolution No. R-96-249, adopted June 11, 1996, and published June 14, 1997. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved July 8, 1997, in the amount of $419,003.60, is to be apportioned 100 percent to the improvement district. The cost has been assessed on a fractional basis. g. (472-82755/763888/490-491) - Improving Hendryx, Limuel, Hendryx Court, Limuel Courts, and sidewalk along one side of Limuel, and along one side of Hendryx, as authorized by Resolution No. R-96-303, adopted July 30, 1996, and published August 2, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved July 8, 1997, in the amount of $436,201.00 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. h. (472-82759/764019/490-504) - Improving Honeytree and Brandon, Smithmoor Fifth Addition, as authorized by Resolution No. R-96-318, adopted August 13, 1996, and published August 16, 1996; and Rescinding Resolution No. R-97-061, adopted March 18, 1997, and published March 21, 1997. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved July 8, 1997, in the amount of $89,200.72, is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. Notices of Public Hearing were published. On the date of publication, a "Notice of hearing and proposed special assessment" was mailed to property owners concerned. Informal hearings with City Staff were also held. K.S.A. 10-1009 provides that all assessments shall bear interest at such rate as the Governing Body determines, not to exceed the rate allowed by law. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the public hearing be closed, the proposed assessments be -- carried approved, and the Ordinances be placed on first reading. Motion carried 7 to 0. ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving 37th Street North from the east line of Toben Street to the west line of Webb Road (472-81373/763433/490-446), introduced and under the rules laid over. ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving the North-South Alley between Mead and Mosley from 18th to 19th Street North (472-82659/763516/490-454) , introduced and under the rules laid over. ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving Dora, Prescott, Shefford, Esthner, Dora Court, Prescott Circle; and, sidewalk along one side of Prescott and Dora and along Esthner and Shefford (472-82726/763680/490-471) , introduced and under the rules laid over. ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving Crestline from the north line of Pawnee to the south line of Prairie Woods including the Eyebrow serving Lots 55 through 58, Block 1, and the Eyebrow serving Lots 16 through 19 inclusive, Block 3; and a sidewalk along the east side of Crestline from the north line of Maize Road to the south line of Prairie Woods (472-82564/763805/490-483), introduced and under the rules laid over. ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving Meadow Pass, Meadow Grove, Meadow Pass Courts, Meadow Grove Court; and sidewalk along the east line of Meadow Pass, and along the north line of Meadow Grove (472-82606/763854/490-488), introduced and under the rules laid over. ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving Dowell and Second Street,Clay Circle, Crest Circle, and; on the 32 foot right-of-way serving Lots 12 and 13, Block 1, The Fountains 2nd Addition (472-82723/763870/490-490), introduced and under the rules laid over. ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving Hendryx, Limuel, Hendryx Court, Limuel Courts, and sidewalk along one side of Limuel, and along one side of Hendryx (472-82755/763888/490-491), introduced and under the rules laid over. ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving Honeytree and Brandon, Smithmoor Fifth Addition (472-82759/764019/490-504), introduced and under the rules laid over. Sewer Projects. Agenda Report No. 97-844. The Council was notified on September 16, 1997 that the proposed assessment rolls were on file for public inspection in the Special Assessments Section of the City Clerk's office. Notice of hearing was published September 19, 1997, ten days prior to the date of hearing, and affected property owners have been notified in writing. City personnel held an informal hearing September 24, 1997, for the 24 sewer projects. Statements of Special Assessment will be mailed October 24, 1997. The property owners have 30 days from date of statement to pay their assessment and avoid paying interest. The assessments not paid during this period will be in the February Bond Sale and put on the 1998 tax roll over a 15-year spread at the interest rate for which the bonds sell. The projects were initiated pursuant to provisions of K.S.A. 12-6a01 et seq. All were 100% petitions with the following exception: 468-81332 63 percent Lateral 183, Southwest Interceptor Sewer to serve Airport Industrial Park. a. 468-81332/742627/480-354 - Construction of Lateral 183, Southwest Interceptor Sewer (South of Harry, west of Hoover) as authorized by Resolution adopted January 31, 1984, and published February 6, 1984. Petition for this improvement was signed by owners representing 63 percent of the property ownership. The Statement of Cost, approved July 15, 1997, in the amount of $53,631.27 is apportioned 100 percent to the improvement district and none to the City-at-large. The cost has been assessed on a square foot basis. b. 468-82606/742791/480-371 - Construction of Lateral 39, Main 21, Sanitary Sewer #22 (north 33rd Street North, west of Meridian) as authorized by Resolution No. R-96-234 adopted June 4, 1996, and published June 7, 1996. Petition for this improvement was sign by owners representing 100 percent of the property ownership. The Statement of Cost, approved July 15, 1997, in the amount of $11,259.55 is apportioned 100 percent to the improvement District and none to the City-at-large. The cost has been assessed on a square basis. c. 468-82588/742809/480-372 - Construction of Lateral 131, War Industries Sewer (south of Pawnee, west of Webb) as authorized by Resolution No. R-96-124 adopted April 2, 1996, and published April 5, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved July 15, 1997, in the amount of $33,441.90 is apportioned 100 percent to the improvement district and none to the City-at-large. The cost has been assessed on a fractional basis. d. 468-82489/742833/480-375 - Construction of Lateral 353, Southwest Interceptor Sewer (East of Tyler, north of 21st) as authorized by Resolution No. R-95-325 adopted July 25, 1995, published July 28, 1995; and rescinded by Resolution No. R-96-375 adopted October 1, 1996 and published October 4, 1996, corrected and republished April 4, 1997. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved July 15, 1997, in the amount of $173,682.66 is apportioned 100 percent to the improvement district and none to the City-at-large. The cost has been assessed on a fractional basis. e. 468-82598/742841/480-376 - Construction of Lift Station and Force Main for Lateral 133, War Industries Sewer (south of Central, east of Greenwich) as authorized by Resolution No. R-96-247 adopted June 11, 1996, and published June 14, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved July 15, 1997, in the amount of $190,196.43 is apportioned 100 percent to the improvement district and none to the City-at-large. The cost has been assessed on a fractional basis . f. 468-82599/742858/480-377 - Construction of Lateral 133, War Industries Sewer (south of Central, east of Greenwich) as authorized by Resolution No. R-96-248 adopted June 11, 1996, and published June 14, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved July 15, 1997, in the amount of $171,418.93 is apportioned 100 percent to the improvement district and none to the City-at-large. The cost has been assessed on a fractional basis. g. 468-82631/742866/480-378 - Construction of Lateral 4, Cowskin Interceptor Sewer (south of Maple, east of 135th Street West) as authorized by Resolution No. R-96-301 adopted July 30, 1996, and published August 2, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved July 15, 1997, in the amount of $128,476.59 is apportioned 100 percent to the improvement district and none to the City-at-large. The cost has been assessed on a fractional basis. h. 468-82638/742874/480-379 - Construction of a Lift Station and Force Main for Laterals 371 and 372, Southwest Interceptor Sewer (west of Meridian, south of 47th Street South) as authorized by Resolution No. R-96-343 adopted September 17, 1996, published September 20, 1996; and rescinded by Resolution No. R-96-387 adopted October 22, 1996, and published October 25, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved July 15, 1997, in the amount of $181,110.85 is apportioned 100 percent to the improvement district and none to the City-at-large. The cost has been assessed on a fractional basis. i. 468-82639/742882/480-380 - Construction of Lateral 371, Southwest Interceptor Sewer (west of Meridian, south of 47th Street South) as authorized by Resolution No. R-96-344 adopted September 17, 1996, and published September 20, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved July 15, 1997, in the amount of $209,346.46 is apportioned 100 percent to the improvement district and none to the City-at-large. The cost has been assessed on a fractional basis. j. 468-82622/742908/480-382 - Construction of Lateral 7, Main 16, Southwest Interceptor Sewer (north of 21st, east of Ridge) as authorized by Resolution No. R-96-269 adopted July 16, 1996, and published July 19, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved July 15, 1997, in the amount of $253,585.52 is apportioned 100 percent to the improvement district and none to the City-at-large. The cost has been assessed on a fractional basis. k. 468-82463/742924/480-384 - Construction of Lateral 346, Southwest Interceptor Sewer (north of Pawnee, east of Maize) as authorized by Resolution No. R-95-142 adopted March 21, 1995, and published March 24, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved July 15, 1997, in the amount of $127,203.54 is apportioned 100 percent to the improvement district and none to the City-at-large. The cost has been assessed on a fractional basis. l. 468-82293/742932/480-385 - Construction of Lateral 105, Westlink Sewer (north of Central, west of Tyler) as authorized by Resolution No. R-93-106 adopted March 23, 1993, published March 26, 1993; and rescinded by Resolution No. R-96-396 adopted October 29, 1996, published November 1, 1996, and corrected and republished April 23, 1997. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved July 15, 1997, in the amount of $20,570.32 is apportioned 100 percent to the improvement district and none to the City-at-large. The cost has been assessed on a fractional basis. m. 468-81427/742940/480-386 - Construction of Lateral 24, Main 2, Southwest Interceptor Sewer (at 50th Street, east of Broadway) as authorized by Resolution adopted February 5, 1985, and published February 8, 1985. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved July 15, 1997, in the amount of $43,100.22 is apportioned 100 percent to the improvement district and none to the City-at-large. The cost has been assessed on a fractional basis. n. 468-82612/742957/480-387 - Construction of Lateral 14, Main 13, Southwest Interceptor Sewer (south of Kellogg, east of 119th Street West) as authorized by Resolution No. R-96-223 adopted May 21, 1996, published May 24, 1996; and rescinded by Resolution No. R-97-062 adopted March 18, 1997. and published March 21, 1997 (republished July 25, 1997). Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved July 15, 1997, in the amount of $132,930.47 is apportioned 100 percent to the improvement district and none to the City-at-large. The cost has been assessed on a fractional basis. o. 468-82289/742965/480-388 - Construction of Lateral 319, Southwest Interceptor Sewer (south of MacArthur, west of Hoover) as authorized by Resolution No. R-93-175 adopted April 6, 1993, and published April 9, 1993. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved July 15, 1997, in the amount of $42,921.79 is apportioned 100 percent to the improvement district and none to the City-at-large. The cost has been assessed on a fractional basis. p. 468-82594/742981/480-390 - Construction of Lateral 124, Westlink Sewer (south of 21st, east of Maize) as authorized by Resolution No. R-96-135 adopted April 9, 1996, and published April 12, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved July 15, 1997, in the amount of $21,365.66 is apportioned 100 percent to the improvement district and none to the City-at-large. The cost has been assessed on a fractional basis. q. 468-82593/742999/480-391 - Construction of Lateral 71, Main 5, Sanitary Sewer No. 23 (east of Oliver, south of 29th Street North) as authorized by Resolution No. R-96-152 adopted April 23, 1996, published April 26, 1996; and rescinded by Resolution No. R-96-325 adopted August 20, 1996, and published August 23, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved July 15, 1997, in the amount of $78,672.64 is apportioned 100 percent to the improvement district and none to the City-at-large. The cost has been assessed on a fractional basis. r. 468-82669/743039/480-395 - Construction of Lateral 27, Main 1, Cowskin Interceptor Sewer (north of Kellogg, west of 119th Street west) as authorized by Resolution No. R-97-016 adopted February 4, 1997, and published February 7, 1997. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved July 15, 1997, in the amount of $15,667.25 is apportioned 100 percent to the improvement district and none to the City-at-large. The cost has been assessed on a square foot basis. s. 468-82581/750810/485-117 - Construction of Storm Water Sewer No. 475 (south of Kellogg, west of 127th Street East) as authorized by Resolution No. R-96-082 adopted March 5, 1996, and published March 8, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved July 15, 1997, in the amount of $348,995.94 is apportioned 100 percent to the improvement district and none to the City-at-large. The cost has been assessed on a fractional basis. t. 468-82590/750828/485-118 - Construction of Storm Water Sewer No. 476 (South of Pawnee, west of Webb) as authorized by Resolution No. R-96-126 adopted April 2, 1996, published April 5, 1996; and rescinded by Resolution No. R-97-018 adopted February 4, 1997, and published February 7, 1997. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved July 15, 1997, in the amount of $101,884.10 is apportioned 100 percent to the improvement district and none to the City-at-large. The cost has been assessed on a fractional basis. u. 468-82496/750844/485-120 - Construction of Storm Water Sewer No. 463 (east of Tyler, north of 21st) as authorized by Resolution No. R-95-332 adopted July 25, 1995, published July 28, 1995; and rescinded by Revolution No. R-96-373 adopted October 1, 1996, and published October 4, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved July 15, 1997, in the amount of $72,242.14 is apportioned 100 percent to the improvement district and none to the City-at-large. The cost has been assessed on a fractional basis. v. 468-82497/750851/485-121 - Construction of Storm Water Sewer No. 464 (east of Tyler, North of 21st) as authorized by Resolution No. R-95-333 adopted July 25, 1995, published July 28, 1995; and rescinded by Resolution No. R-96-374 adopted October 1, 1996, published October 4, 1996, and corrected and republished July 23, 1997. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved July 15, 1997, in the amount of $157,070.38 is apportioned 100 percent to the improvement district and none to the City-at-large. The cost has been assessed on a fractional basis. w. 468-81694/750869/485-122 - Construction of Storm Water Sewer No. 340 (north of 37th, west of Webb) as authorized by Resolution adopted May 26, 1987, and published May 29, 1987. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved July 15, 1997, in the amount of $166,124.84 is apportioned 100 percent to the improvement district and none to the City-at-large. The cost has been assessed on a fractional basis. x. 468-82637/750885/485-124 - Construction of Storm Water Drain No. 125 (west of Meridian, south of 47th Street South) as authorized by Resolution No. R-96-342 adopted September 17, 1996, and published September 20, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved July 15, 1997, in the amount of $121,696.93 is apportioned 100 percent to the improvement district and none to the City-at-large. The cost has been assessed on a fractional basis. Notices of Public Hearing were published. On the date of publication, a "Notice of hearing and proposed special assessment" was mailed to property owners concerned. Informal hearings with City Staff were also held. K.S.A. 10-1009 provides that all assessments shall bear interest at such rate as the Governing Body determines, not to exceed the rate allowed by law. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the public hearing be closed, the proposed assessments be -- carried approved, and the Ordinances be placed on first reading. Motion carried 7 to 0. ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Lateral 183, Southwest Interceptor Sewer (South of Harry, west of Hoover) 468-81332/742627/480-354, introduced and under the rules laid over. ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Lateral 39, Main 21, Sanitary Sewer #22 (north 33rd Street North, west of Meridian) 468-82606/742791/480-371, introduced and under the rules laid over. ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Lateral 131, War Industries Sewer (south of Pawnee, west of Webb) 468-82588/742809/480-372, introduced and under the rules laid over. ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Lateral 353, Southwest Interceptor Sewer (East of Tyler, north of 21st) 468-82489/742833/480-375, introduced and under the rules laid over. ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Lift Station and Force Main for Lateral 133, War Industries Sewer (south of Central, east of Greenwich) 468-82598/742841/480-376, introduced and under the rules laid over. ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Lateral 133, War Industries Sewer (south of Central, east of Greenwich) 468-82599/742858/480-377, introduced and under the rules laid over. ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Lateral 4, Cowskin Interceptor Sewer (south of Maple, east of 135th Street West) 468-82631/742866/480-378, introduced and under the rules laid over. ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of a Lift Station and Force Main for Laterals 371 and 372, Southwest Interceptor Sewer (west of Meridian, south of 47th Street South) 468-82638/742874/480-379, introduced and under the rules laid over. ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Lateral 371, Southwest Interceptor Sewer (west of Meridian, south of 47th Street South) 468-82639/742882/480-380, introduced and under the rules laid over. ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Lateral 7, Main 16, Southwest Interceptor Sewer (north of 21st, east of Ridge) 468-82622/742908/480-382, introduced and under the rules laid over. ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Lateral 346, Southwest Interceptor Sewer (north of Pawnee, east of Maize) 468-82463/742924/480-384, introduced and under the rules laid over. ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Lateral 105, Westlink Sewer (north of Central, west of Tyler) 468-82293/742932/480-385, introduced and under the rules laid over. ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Lateral 24, Main 2, Southwest Interceptor Sewer (at 50th Street, east of Broadway) 468-81427/742940/480-386, introduced and under the rules laid over. ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Lateral 14, Main 13, Southwest Interceptor Sewer (south of Kellogg, east of 119th Street West) 468-82612/742957/480-387, introduced and under the rules laid over. ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Lateral 319, Southwest Interceptor Sewer (south of MacArthur, west of Hoover) 468-82289/742965/480-388, introduced and under the rules laid over. ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Lateral 124, Westlink Sewer (south of 21st, east of Maize) 468-82594/742981/480-390, introduced and under the rules laid over. ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Lateral 71, Main 5, Sanitary Sewer No. 23 (east of Oliver, south of 29th Street North) 468-82593/742999/480-391, introduced and under the rules laid over. ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Lateral 27, Main 1, Cowskin Interceptor Sewer (north of Kellogg, west of 119th Street west) 468-82669/743039/480-395, introduced and under the rules laid over. ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Storm Water Sewer No. 475 (south of Kellogg, west of 127th Street East) 468-82581/750810/485-117, introduced and under the rules laid over. ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Storm Water Sewer No. 476 (South of Pawnee, west of Webb) 468-82590/750828/485-118, introduced and under the rules laid over. ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Storm Water Sewer No. 463 (east of Tyler, north of 21st) 468-82496/750844/485-120, introduced and under the rules laid over. ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Storm Water Sewer No. 464 (east of Tyler, North of 21st) 468-82497/750851/485-121, introduced and under the rules laid over. ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Storm Water Sewer No. 340 (north of 37th, west of Webb) 468-81694/750869/485-122, introduced and under the rules laid over. ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Storm Water Drain No. 125 (west of Meridian, south of 47th Street South) 468-82637/750885/485-124, introduced and under the rules laid over. DRINKING ESTABL./ AMENDMENT TO CITY CODE TO PROHIBIT MINORS ON THE PREMISES OF CERTAIN DRINKING RESTAURANTS ESTABLISHMENT/RESTAURANTS. Gary Rebenstorf Director of Law reviewed the Item. Agenda Report No. 97-841. The city code prohibits persons under age 21 from being on the premises of a drinking establishment (DE). A drinking establishment is a premise that is open to the general public over 21 years of age, where alcoholic liquor by the individual drink is sold. However, minors are allowed on the premises of a drinking establishment/restaurant (DE/R), which is currently defined as a premise that derives not less than 30% of its total gross revenue from the sale of food intended to be consumed on the licensed premise. The intent behind the implementation of these two license classifications was to prohibit minors from being on the premises of establishments that emphasize the sale of alcoholic beverages, while allowing minors to patronize restaurants that sell alcoholic beverages as a component of the establishment's overall meal service. Accordingly, the city code initially established the food sales requirement for a DE/R at 50% of gross revenue, an amount which could easily be met by a traditional restaurant. The ordinance was later amended and the food sales requirement for a DE/R was lowered to 30%, which has proven to be an amount easily met by many establishments which emphasize the sale of alcoholic drinks as opposed to the service of food. Because some club owners have used the current DE/R license for the sole purpose of broadening their customer base to include those under the age of 21, enforcement is becoming more difficult. The Wichita Police Department routinely investigates complaints concerning underage drinking in establishments operating with DE/R licenses, and endorses the proposed amendments as a way to resolve the problems this activity creates. The police report that it is nearly impossible to control alcohol consumption by minors in the current DE/R environment. It is the Police Department's recommendation to return to the original intent of the DE/R license, to allow the restaurant business the opportunity to offer alcohol with meals without prohibiting minors from their premises. Such action would result in fewer DE/R licenses being issued, with a corresponding increase in the issuance of DE licenses. The overall impact would be to limit the opportunity for those under the age of 21 to enter and remain in establishments that emphasize the serving of alcohol. The amendment to Section 4.04.010(t) changes the definition of a DE/R to premises which derive not less than 50% of gross revenue from the sale of food for consumption on the premises. Accordingly, as these liquor licenses come up for renewal, the higher percentage will cause most establishments that emphasize the sale of alcoholic beverages to be ineligible for a DE/R license, while those establishments operating as restaurants and emphasizing the sale of food will remain licensed as DE/Rs, where minors may lawfully enter. The proposed amendment to Section 4.16.130(f) makes it illegal for minors to enter the premises of any DE/R which derives less than 50% of its gross income from the sale of food for consumption on the premises. This amendment is intended to provide an immediate remedy to the problem of minors being in establishments which emphasize the sale of alcoholic beverages but are currently licensed as a DE/R, due to the 30% food sales requirement. Because the city cannot change the status of a license once it has been issued, changing the definition of a DE/R by increasing the food requirement to 50% will resolve the problem only when all DE/Rs licenses have been renewed, which could take up to a year. Accordingly, by prohibiting minors from entering premises that meet only the 30% food sales requirement, the amendment will give the police an enforcement tool to use until all DE/Rs are licensed pursuant to the amended definition. There should be no change in the number of licenses issued or the revenue received for such licenses. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that this Item be deferred for a public hearing in two weeks; and that Staff notify establishments with current licenses. Motion carried 7 to 0. GOLF COURSE PRESENTATION OF AUBURN HILLS GOLF COURSE (PERRY DYE). Council Member Ferris Council Member Ferris introduced Perry Dye who comes from a golf design family - the Dye name is recognized and renown. The golf course lay-out with the proposal could, quite possibly, put Wichita on the golfing map, particularly in the municipal golf category. This quite well be the finest golf course in the Country that can be played for under $20. An issue that was raised was the walking trails in the existing 95-acre Meadows Park. The original proposal gouged into the Meadows Park. This proposal creates a loop system in the parks and the walking trail goes all the way down into the corridor that goes to Kellogg; and will eventually tie into a corridor that will go all the way to Pawnee prairie Park. It is proposed that during the construction of the golf course, and out of the golf course budget, the walking trail would be constructed all the way to Hole #7. At such time the Park is able to complete a trail at Pawnee Prairie and along that narrow corridor through a wooded area, the trail would be completed. The CPO Council and neighbors were very excited about the way the trail system has been enhanced. The net effect is that there are currently 95 acres of park and open space - not golf course. When this is completed, there will be 89 acres as only 6 acres of the park were used for golf. This is a public/private partnership. The dedication of land to the City from the developer will be 146 acres - a real value of about $800,000. The developer is also making another $.5 million cash contribution to the clubhouse, parking lot, and cart barn. This means a $1.3 million contribution to the City for golfing. There is no money from the General Fund or from Reserves. This project will be funded by the Golf Course Fund and tax revenue generated by the housing development proposed for this area. The revenue will be in excess of $400,000 annually, upon completion. The estimated time from is approximately five to seven years to completion. The development will contribute approximately $2 million so the return on the investment will be substantial. There will be well in excess of $200,000 to $300,000 annually received by the City. After ten years, there will be in excess of $400,000 annually received by the City. All issues from the public hearing have been addressed. Perry Dye Perry Dye presented slides and reviewed the golf course preliminary routing. Mr. Dye said the City of Wichita is spoken of very highly among those who understand the programs the City has in public golf. Affordable, accessible golf is promoted on a national level but the City of Wichita has provided to its citizens for numerous years. Wichita should be very proud of its program which does not require City coffers to feed into the golf course. The way the golf program is done in Wichita is an example and is used around the Country as one of the best examples of a City and how to run public golf courses. The clubhouse placement, and access of the first hole by a tunnel, has allowed all of the views of the holes directly from the clubhouse. The first hole is pretty much in the wheat field but by the time the turn is made, there are floodways and higher tree areas. A major lake has been added to separate the park from the golf course - which might frustrate a few golfers but some great golf holes will be created on the water, especially the fifth and sixth holes. Coming back from the 9th hole and back through the tunnel and arriving at the clubhouse which should increase the receipts and reduce some of the labor involved. Then the course is completed with a final arrival at the clubhouse. The golf course is 4,800 yards in length and good for any skill level of golf and will appeal, at the same time, to the very good players. There is enough money to do a very good job. There are some good native trees and other things to work with. This course will be challenging to the best players in the Country. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that the golf course layout/plan be approved. Motion carried -- carried 7 to 0. COMMUNITY SURVEY PRESENTATION OF COMMUNITY SURVEY (DR. MARK GLASER). Chris Cherches City Manager introduced the Item. Dr. Mark Glaser Dr. Mark Glaser, Principal Investigator, reviewed the report. A problem, across the Country, is the citizen detachment from government, traditions, the media, and community. The information represents values and priorities of 1,814 registered voters that responded to a written survey. Council Member Kamen momentarily absent. Under, Part 1, the Direct Service Delivery Contributions to Quality of Life, citizens indicated a high level of satisfaction with park and recreation facilities. Almost 92 percent of respondents indicated the City should continue to plant and replace trees. Over 92 percent of respondents were satisfied with the public library system. A majority of citizens indicated displeasure with current street maintenance. This may have been influenced by the fact that maintaining streets requires that the streets be barricaded or blocked off and City efforts to make improvements may also lower the score. Approximately 69 percent of the respondents indicated that Wichita is safe. Forty-five percent of the respondents feel that Wichita is safer today than one year ago. Under Quality of Life, Limited City Government Influence, 85.1 percent of the respondents indicated they believe employment opportunities in Wichita area good with African-American and Hispanic households somewhat less positive about employment opportunities. Less than 39 percent of respondents feel that race relations in Wichita are good. African-American households are clearly concerned. Dialogue is needed in this area. Employment and economic times are recognized as being better but low-income families are not as convinced. Citizens overwhelmingly indicate Wichita is a good place to live with 91 percent of respondents indicating that they expect to be living in Wichita five years from now. Few citizens (one/third) are considering moving from their neighborhood with African-American and Hispanics being the most mobile. A large percentage (45.7 percent) indicated they would be willing to move from Wichita for better economic opportunities. Economics is the key to keeping the young people in Wichita. Wichita has Citizen Participation Organizations (CPOs) and neighborhood organizations with grassroots. There is argument that grassroots-type organizations are more effective at community organization and developing effective communication with government because citizens decide when and if they will be formed, appropriate neighborhood boundaries, and organizational priorities based on the wishes of involved citizens. Wichita is at a turning point and must decide on the best means for citizens to participate. Almost 50 percent of the respondents did not know what CPO is. There was very strong support (79 percent) for consolidation of City and County government for a variety of reasons. Chris Cherches City Manager said the Survey Report is very informative. Recommendations will be made and brought back to the City Council. The Report will be forwarded to necessary boards and staff. Motion -- carried Knight moved that the Report be received and filed. Motion carried 7 to 0. CITY COUNCIL AGENDA APPOINTMENTS BOARD APPOINTMENTS (FOR TERMS EXPIRING JUNE 30, 1999) Board of Appeals of Air Conditioning, Refrigeration, Warm Air Heating and Boilers (2 appointments - Mobile Home Mechanic and Architect) Board of Appeals of Plumbers and Gas Fitters (1 appointment - Public at large) Board of Code Standards and Appeals (2 appointments - City Manager - 1 Citizen at large, 1 Architect) Board of Electrical Appeals (1 appointment - Public at large) Civil Rights and Services Board (1 appointment - Lambke) Commission on the Status of People with Disabilities (1 appointment - Gale) Group Life Insurance Board (2 appointments) Library Board (2 appointments - Lambke) Police and Fire Retirement Board of Trustees (1 appointment - Lambke) Wichita Athletic Commission (3 appointments) Wichita Employees' Retirement Board (1 appointment - Lambke) Wichita-Sedgwick County Alcohol and Drug Abuse Advisory Board (1 appointment - Council at large) Wichita-Sedgwick County Board of Health (1 appointment - Veterinarian) Motion -- Rogers appointed Danny Allen (ADAAB) and moved that the appointment be approved. -- carried Motion carried 7 to 0. CONSENT AGENDA Council Member Ferris left the Bench. Knight moved that the Consent Agenda, except Item 29 , be approved in accordance with the recommended action shown thereon. Motion carried 6 to 0. (Ferris absent) BOARD OF BIDS REPORTS OF THE BOARD OF BIDS AND CONTRACTS DATED SEPTEMBER 29 AND OCTOBER 6, 1997. At 10:00 a.m., Friday, September 26, 1997, pursuant to advertisements published, bids were received, publicly opened, read aloud and tabulated for the Board of Bids and Contracts: (Ref: Bid analysis report attached to Board of Bids Minutes 9/29/97) IMPROVING REGENCY LAKES (Regency lakes & Regency Lakes Second Additions) (472-82811/764258) Ritchie Paving - $391,245.25 WATER DISTRIBUTION SYSTEM (Eck Fourth Addition) (448-89107/734046) Mies Construction Company, Inc. - $22,818.00 STORM WATER SEWER #491 (Oak Ridge 2nd Addition) (468-82725/751057) WB Carter Construction Co., Inc. - $74,249.00 BICYCLE/PEDESTRIAN PATH, WOODLAWN/GYPSUM CRK/ARMOUR DITCH, MT. VERNON TO DOUGLAS (472-82572/472-82573/706127/706135) (DEFERRED FROM 9-22-97) Asphalt Construction - $350,658.00 Knight moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign for the City. Motion carried 6 to 0. (Ferris absent) PARK AND RECREATION/ADMINISTRATION:PROVIDE SIDEWALK, CURBING, WELL GRAVEL AND INSTALL SHELTER (785667) Barkley Construction - $28,700.00 PUBLIC WORKS DEPARTMENT/FLEET AND BUILDINGS: PREFORMED PLIANT POLYMER PAVEMENT MARKING TAPE Item 1 per foot - 3M - $ .528 Item 2 per foot - 3M - $ .528 Item 3 per foot - 3M - $ 1.585 Item 4 per foot - 3M - $ 2.113 Item 5 per foot - 3M - $ 3.17 Item 6 per each - 3M - $29.00 Item 7 per each - 3M - $45.00 Item 8 per each - 3M - $45.00 Item 9 per each - 3M - $40.00 Item 10 per pkg - 3M - $89.00 Item 11 per gallon 3M - $14.00 WATER AND SEWER DEPARTMENT/WATER DISTRIBUTION:WATER WORKS SUPPLIES 181222 Group I Total net Bid - Wichita Winwater Works - $4,200.00#& Group II Total net Bid - Central Service, Inc. - $2,390.62# Group III Total net Bid - U. S. Filter Distrib. - $1,916.70# Group IV Total net Bid - U. S. Filter Distrib. - $1,491.50# Group V Total net Bid - Hajoca Corporation - $ 573.40#* Group VI Total net Bid - Wichita Winwater Works - $1,019.00#& Group VII Total net Bid - Wichita Winwater Works - $2,714.40#& # Plus applicable sales tax & 2%-10 * 2%-10th Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid, and the necessary signatures be authorized. Motion carried 6 to 0. (Ferris absent) VARIOUS DEPARTMENTS: SAND, GRAVEL, ROCK, MUD BALLS, TOP SOIL AND FILL DIRT 132225 Moline Rock & Delivery - $13.60 - Lee Nichols Trucking * * Redirect Award as Low Bidder is no longer in Business Knight moved that the award be redirected as outlined above, same being the lowest and best bid from those eligible. Motion carried 6 to 0. (Ferris absent) At 10:00 a.m., Friday, October 3, 1997, pursuant to advertisements published, bids were received, publicly opened, read aloud and tabulated for the Board of Bids and Contracts: (Ref: Bid analysis report attached to Board of Bids Minutes October 6, 1997) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Water Line in Baehr, north of Douglas. (448-89187/635417/544641) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 1-14-97) (District 4) HD Mills & Son - $14,658.00 20" Water Main in Webb Road from Pawnee to 1400 feet north of Pawnee (Pawnee & Webb Road). (448-89118/633586/544532) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 5-13-97) (District N/A) WB Carter Construction Co., Inc. - $101,606.00 Lateral 14, Cowskin Intercepter Sewer to serve Auburn Hills 3rd & Auburn Hills Pool House Addition (south of Maple, east of 135th West). (468-82752/743245/480415) Does not affect existing traffic. (Council approval date 7-15-97) (District V) Assoc. Construction System - $61.330.00 Water Distribution System to serve Auburn Hills Third & Auburn Hills Pool House Additions (south of Maple, east of 135th West). (448-89172/734095/470487) Does not affect existing traffic. (Council approval date ) (District V) HD Mills & Sons - $25,486.00 Knight moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign for the City. Motion carried 6 to 0. (Ferris absent) WATER & SEWER DEPARTMENT/WATER DISTRIBUTION DIVISION: Directional Boring Machine (181206) Ditch Witch of Kansas Alternate Bid - $96,349.48* Add Option: Bore locating - $2,800.00* *Plus Applicable Sales Tax FINANCE DEPARTMENT/DATA CENTER DIVISION: High Bandwith Wide Area Connecting Data Processing Equipment (035106) Cable Express Corporation - $59,267.00 POLICE DEPARTMENT/PISTOL RANGE DIVISION: Ammunition (083600) Group I - Gil Hebard Guns - $2,593.00 Group II - Graf & Sons - $5,715.68 Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid, and the necessary signatures be authorized. Motion carried 6 to 0. (Ferris absent) LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1997 (Consumption on Premises) Prakan Chotinon Thai-Am, Inc. dba Royal Orchid*1845 South Rock Road, #105 Maria E. Maskrid El Matador Lounge2033 South Broadway Delonda S. Beason The Stetson 1021 West Harry New Establishment 1997 (Consumption on Premises) Hsiu-Feng Breen Taipei Chinese Restaurant*2420 South Oliver Special Event 1997 (Consumption on Premises) Daryl Lowry OctoberFest 835 East First (River City Brewing Inc.)(Farm and Art Market) *General Retailer -- 50% or more of gross receipts derived from sale of food. Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 6 to 0. (Ferris absent) PLANS AND SPECS PLANS AND SPECIFICATIONS. Kellogg/West Landscaping, Planting, Irrigation and Paving (Kellogg and West Street). (/701227/) Does not affect existing traffic. (Council approval date 12-13-94) (District IV) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., November 7, 1997. Motion carried 6 to 0. (Ferris absent) SUBDIVISION PLANS AND SPECIFICATIONS. a. Water Distribution System to serve Belle Terre South Addition (south of Kellogg, west of 159th Street East). (448-89176/734103/470488) Does not affect existing traffic. (Council approval date 7-22-97) (District n/a) b. Water Distribution System to serve Rocky Creek Addition (north of 13th, east of 127th Street East). (448-89163/733899/470467) Does not affect existing traffic. (Council approval date 7-29-97) (District n/a) c. Water Distribution System to serve Forest Lakes West Addition (north of 29th, east of Tyler). (448-89202/734137/470491) Does not affect existing traffic. (Council approval date 9-23-97) (District V) d. Lateral 381, Southwest Interceptor Sewer to serve Forest Lakes West & Forest Lakes Additions) (north of 29th, east of Tyler). (468-82766/743278/480418) Does not affect existing traffic. (Council approval date 9-23-97) (District V) e. Barton Creek from the south line of 45th to the south line of Lot 1, Block 6; Barton Creek Courts from the south line of Barton Creek to and including the cul-de-sac, serving Lots 1, 2 and 3, Block 3 and Lots 1, 2 and 3, Block 2; from the south line of Barton Creek to and including the dul-de-sac, serving Lots 1, 2 and 3, Block 1, and Lots 4, 5 and 6, Block 2; from the east line of Barton Creek to and including the cul-de-sac, serving Lots 4, 5 and 6, Block 4, and Lots 1, 2 and 3, Block 5; from the east line of Barton Creek to and including the cul-de-sac, serving Lots 4, 5 and 6, Block 5, and Lots 1, 2 and 3, Block 6, and; Sidewalk on the north and west side of Barton Creek from 45th to the south line of Lot 1, Block 6 Willowbend North Addition (west of Rock, south of 45th Street North). (472-82826/764373/490540) Does not affect existing traffic. (Council approval date 6-10-97) (District II) f. Limuel Courts from the west line of Limuel to and including the cul-de-sac, serving Lots 1 through 14, from the west line of Limuel West and south to and including cul-de-sac, serving Lots 21 through 26, from the north line of Limuel Court to and including cul-de-sac, serving Lots 15 through 20, and: Limuel Circle from the north line of Limuel Court Northwest to and including Dul-de-sac Auburn Hills 3rd Addition (south of Maple, east of 135th Street West). (472-82853/764514/490554) Does not affect existing traffic. (Council approval date 7-15-97) (District V) g. Murdock Avenue Sanitary Sewer Repair/St Francis Hospital (south of 13th, east of Broadway). (468-82707/621854/533296) Traffic to be maintained through construction. (Council approval date 1-7-97) (District VI) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., October 17, 1997. Motion carried 6 to 0. (Ferris absent) PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. Bicycle/Pedestrian path along Woodlawn/Gypsum Creek/Armour Ditch, from Mt. Vernon to Douglas, Phase I (along Gypsum Creek and Armour Ditch from Woodlawn to Douglas). (472-82572/472-82573/706127/706135/405-166/405-167) Traffic to be maintained through construction. (Council approval date 3-14-95) (District II) - $483,266.00. b. Water Distribution System to serve Eck 4th Addition (south of 21st Street North, west of West Street). (448-89107/734046/470-482) Traffic to be maintained during construction. (Council approval date 7-29-97) (District V) - $54,000.00. c. Storm Water Sewer No. 485 to serve Willowbend North Addition (west of Rock, south of 45th Street North). (468-82713/751008/485-136) Does not affect existing traffic. (Council approval date 6-10-97) (District II) - $81,000.00. d. Storm Water Sewer No. 488 to serve Wilson Farms Addition (south of 21st, east of Rock). (468-82741/751032/485-139) Does not affect existing traffic. (Council approval date 7-1-97) (District II) - $212,160.00. e. Storm Water Sewer No. 491 to serve Oak Ridge Second Addition (north of 29th Street North, west of Ridge Road). (468-82725/751057/485-140) Does not affect existing traffic. (Council approval date 7-15-97) (District V) - $150,000.00. f. Regency Lakes from the south line of the plat north to the south line of Ayesbury; Ayesbury from the north line of Lot 57, Block 1, east to the northern most line of Lot 21, Block 1; Brandon Circle from the south line of Ayesbury south to and including the cul-de-sac; Ayesbury Court from the south line of Ayesbury to and including the cul-de-sac; Regency Lakes Courts from the east line of Regency Lakes to and including the cul-de-sacs to serve Lots 1 through 5 and Lots 6 through 11, Block 1, and; Regency Lakes Courts from the west line of Regency Lakes to and including the cul-de-sacs to serve Lots 1 through 10 and Lots 11 through 15, Block 3 Regency Lakes and Regency Lakes Second Additions (north of 21st Street North, west of Greenwich Road). (472-82811/764258/490-528) Does not affect existing traffic. (Council approval date 7-29-97) (District II) - $503,000.00. g. Rehabilitating Sanitary Sewers between Maple & McLean from Seneca to Meridian (Douglas & Seneca). (468-82765/621839/533-294) Does not affect existing traffic. (Council approval date 7-1-97) (District VI) - $246,112.88. Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 6 to 0. (Ferris absent) EASEMENTS/DEDICATIONS EASEMENTS AND DEDICATIONS. a. Easement dated September 22, 1997 from Belinda Anderson for a tract in Yale Heights Addition (13th and Yale Sanitary Sewer, Index 621548) (no cost to City). b. Easement dated March 21, 1997 from George E. Lahamm II for a tract in Bradley Fair Second Addition (Bradley Fair Parking, Index 764308) (no cost to City) has been filed and recorded. c. Drainage Easement dated April 1, 1997 from Paul D. Jackson for a tract in Bradley Fair Second Addition (SWD 119, Index 750976) (no cost to City) has been filed and recorded. d. Two (2) easements dated August 4, 1997 from Edward and Rita Neville and Jay W. Russell for tracts in Auburn Hills Third (Lateral 14, CIS, Index 743245) (no cost to city) have been filed and recorded. Motion -- Knight moved that the documents be received and filed and the Clerk be -- carried instructed to record with the Register of Deeds. Motion carried 6 to 0. (Ferris absent) BOARDS MINUTES MINUTES OF ADVISORY BOARDS. Board of Housing Commissioners, 6/19/97 Board of Park Commissioners, 9/8/97 CPO Southwest Council 4, 9/11/97 Wichita Airport Authority, 8/18/97 Wichita Transit Authority, 8/28/97 Board of Code Standards & Appeals, 9/8/97 CPO Northeast Council 1, 9/22/97 CPO East Council 2, 9/22/97 CPO Southeast Council 3, 9/25/97 CPO Southwest Council 4, 9/25/97 CPO Northwest Council 5, 9/24/97 CPO North Central Council 6, 9/24/97 Metropolitan Area Planning Commission, 4/14/97 Sedgwick County Solid Waste Management Committee, 7/21/97 Sedgwick County Solid Waste Management Committee, 9/2/97 Wichita Art Museum Board, 9/12/97 Wichita Public Library, 9/16/97 Wichita/Sedgwick County Alcohol & Drug Abuse Advisory Board, 9/11/97 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 6 to 0. (Ferris absent) PETITION (100%) PETITION FOR WATER DISTRIBUTION SYSTEM TO SERVE PART OF WOOD RIVER SECOND ADDITION (SOUTH OF MACARTHUR, WEST OF K-15 HIGHWAY). (District III) Agenda Report No. 97-845. The signature on the Petition represents 100% of the improvement district. Wood River Second Addition, a new single-family development, was platted in 1988. The developer has submitted a new Petition to reconfigure the area to meet an increased rate of home sales. The Petition totals $24,000. The funding source is Special Assessments. Motion -- Knight moved that the Petition(s) be approved and the Resolution(s) be adopted. -- carried Motion carried 6 to 0. (Ferris absent) RESOLUTION NO. R-97-358 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System No. 448-89208 (south of MacArthur, west of K-15) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Ferris absent) Yeas: Cole, Gale, Kamen, Lambke, Rogers, Knight. STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. There were no street closures/uses considered. FINANCIAL REPORT MONTHLY FINANCIAL REPORT FOR THE PERIOD ENDED AUGUST 31, 1997. Motion -- carried Knight moved that the Report be received and filed. Motion carried 6 to 0. (Ferris absent) CLAIM SETTLEMENT SETTLEMENT OF CLAIM. Agenda Report No. 97-846. Authorize payment of $15,000.00 as a full settlement of all possible claims arising out of an automobile accident. On September 14, 1996, Leonel Chavez was involved in an automobile accident with an employee of the Health Department. After investigating the claim, evaluating the extent of the claimed damages, and considering the risks of trial, the City determined that a resolution of this matter was appropriate. After some discussion, the City has been offered an opportunity to resolve the claim with a lump sum payment of $15,000.00 as full settlement of all his claims. Because of the risks associated with litigation, the Law Department recommends acceptance of the offer. Funding for this settlement payment is from the City's Vehicle Liability Fund. Motion -- Knight moved that payment of $15,000.00 as a full settlement of all possible claims arising out of the accident which is the subject of the claim be -- carried authorized. Motion carried 6 to 0. (Ferris absent) RESPREAD SPECIALS AGREEMENT TO RESPREAD SPECIAL ASSESSMENTS IN LARK FIFTH ADDITION (SOUTH OF KELLOGG, EAST OF LARK LANE). (District V) Agenda Report No. 97-847. The developer, Kick'n Corporation, platted the Lark Fifth Addition and has submitted an Agreement to respread Special Assessments within the addition. The land was originally included in numerous improvement districts for a number of public improvement projects. The purpose of the Agreement is to respread Special Assessments on an equal share basis for each lot. Without the Agreement, the assessments will be spread on a square foot basis. The Agreement will save the City time in recalculating Special Assessments for each newly platted lot and will equalize the assessments for each lot, making it easier for the developer to market the lots. There is no cost to the City. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Ferris absent) CONSULTANT ENGINEER AGREEMENT FOR DESIGN SERVICES TO EMPORIA CIRCLE. (District IV) Agenda Report No. 97-848. The City Council approved the South Broadway Industrial Park Addition plat on October 10, 1978. The Agreement with Savoy, Ruggles & Bohm, P.A. (SRB) provides for the design of paving Emporia Circle (north of 47th Street South, east of Broadway). Because SRB is the site engineer for the developer, it can expedite construction plan preparation. Payment will be on a lump sum basis not to exceed $12,000 and will be paid by Special Assessments. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Ferris absent) PIPELINE AGREEMENT PIPELINE CROSSING AGREEMENT: UNION PACIFIC RAILROAD TRACKS AT ROCK ROAD (SOUTH OF 45TH STREET NORTH). (District II) Agenda Report No. 97-849. Willowbend North Addition is a new single-family development on the west side of Rock Road, south of 45th Street North. Sanitary sewer service is available by extending a pipeline under the Union Pacific Railroad tracks on the south boundary of the development. The agreement allows the City to construct and maintain the sewer line within railroad right-of-way. There is a $1,500.00 administrative fee. Funding source is Special Assessments. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Ferris absent) KDOT AGREEMENT FORCE ACCOUNT AGREEMENT FOR KELLOGG AND WEST STREET. (District IV) Agenda Report No. 97-850. The Agreement between the City and the Kansas Department of Transportation (KDOT) is for construction engineering services for landscaping the intersection of Kellogg and West Street. On December 13, 1994, the City Council approved the project for construction, and on January 23, 1996, the City Council approved an agreement with KDOT to provide 80 percent federal funding. The project is a part of the 1996 Capital Improvement Program (CIP No. F-27). The improvements will consist of (1) excavation and removal of existing asphalt and soil in median strips and behind curbs adjacent to driving surfaces, (2) placement of topsoil and modular pavers in excavated areas, (3) placement of plant materials, and (4) installing an irrigation system within KDOT right-of-way. KDOT will reimburse the City for 80 percent of the cost of construction engineering services, with an upper limit of $61,687.36. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Ferris absent) SUPPLEMENTAL AGREEMENTS SUPPLEMENTAL AGREEMENT FOR WATER MAIN IN 21ST STREET NORTH AND 127TH STREET EAST. (District II) Agenda Report No. 97-851. On December 5, 1995, the City Council approved an agreement with George Butler Associates, Inc. (GBA) to design a water main in 21st Street North from Clubhouse to 127th Street East, and in 127th Street East from 21st Street North to Tallowood, for a fee of $31,075. The Water Department requested the project because Sedgwick County is designing street improvements in 21st and the water main is needed to close existing gaps, boost pressures, and deliver adequate supplies of water to the area. The water and street improvements will be built in conjunction with one another. GBA was required to put in 206 hours of additional technician time to revise and redesign the East 21st Street water main because of continuing changes in direction from Sedgwick County and its street consultant. A Supplemental Agreement with GBA for the revisions has been prepared. Payment to GBA will be made on a lump sum basis of $8,900 and will be paid from Water Utility Funds which are available in the project budget. Motion -- Knight moved that the Supp. Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Ferris absent) SUPPLEMENTAL AGREEMENT NO. 12 - BROWN AND CALDWELL. (All Districts) Agenda Report No. 97-852. On November 9, 1993, the Sludge Treatment and Management Plan was presented to the City Council by staff and representatives of the City's engineer, Brown & Caldwell. The plan outlined recommendations to achieve compliance with the United States Environmental Protection Agency (USEPA) regulations governing the use, treatment and disposal of municipal wastewater sludges (40 CFR, Part 503). On December 14, 1993, the City Council adopted the Sludge Treatment and Management Plan. In order to fund the mandated improvements recommended in the Sludge Treatment and Management Plan, the City Council approved appropriate sewer rate adjustments for 1994, 1995 and 1996. The City Council also approved an amended Capital Improvement Program and operating budgets. On May 9, 1995, the City Council amended the Plan to include biosolid storage at the Sewage Treatment Plant #2 site, directed staff to implement the privatization of biosolids transportation, modified the staffing plan and amended the 1995(R), 1996(R) and 1997 budgets. There are four areas which require additional services by the engineer. 1. Control Programming and related engineering activities. The functional number of workstations needs to be increased from two to seven and the communications link between plants has been changed to a two-way, workstation-to-workstation communications system which requires additional work by the engineer. 2. Repetitive review. The engineer's contract with the City provided for two reviews of an individual submittal. Thirty-four submittals required a third review. This cost ($11,998) will be deducted from the contractor's progress payment. However, if the contractor was charged for a third review that is deemed unnecessary, the cost will be deducted from the engineer's progress payment. 3. Startup assistance. The nature and actual scope of the work progression caused startup funds to be expended early, leaving several tasks remaining which will be funded by this amendment. 4. Field Observation. Through change orders, the contractor is granted additional time and will require an additional 39 days of inspection services. The total approved Capital Improvement Program (CIP #S-500, Biosolids Treatment and Management Plan) is $33.351 million. The total cost of Amendment #12 is $90,995 and will be paid from Sewer Utility cash reserves and/or future bond issues. To date, the Water and Sewer Department has contracts and amendments totaling $5.823 million with Brown & Caldwell for engineering services on this project. USEPA regulations, 40 CFR Part 503 require municipalities to implement an approved method of sludge use/disposal and to comply with the National Pollutant Discharge Elimination System (NPDES) permit. Failure to comply would result in civil and/or criminal penalties. Motion -- Knight moved that the Supp. Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Ferris absent) CHANGE ORDER CHANGE ORDER FOR BIOSOLIDS MANAGEMENT FACILITIES. (All Districts) Agenda Report No. 97-855. The Biosolids Treatment & Management Plan improvements are being administered under three separate contracts: Contract #1, Emergency Sludge Storage Basins (completed); Contract #2, Plant #1 and Plant #2 improvements (to BRB Contractors for $17,999,000); and Contract #3, Biosolids Storage Facility (completed). Contract #2 is for improvements to Plant #1 and Plant #2, scheduled for completion on November 19, 1997. Change Order #7 is a combination of 13 items. The associated costs are as follows. Revise control wiring/conveyer speed switch $ 230.00 PLC System changes ($ 338.00) Corbels/beams at primary clarifiers $ 4,720.00 Pigging station at Plant #1 $ 2,524.00 3" valves for HRS/HRR at O&M building $ 2,347.00 Light fixtures at sludge/scum pump station $ 2,218.00 Gas train for sludge gas $33,992.00 Change seeding requirements $ 0.00 Interposing relays at Plant #1 $ 4,812.00 New roof raw sludge pump station $ 6,086.00 3W taps for pigging/pigs $ 1,020.00 Floor drain at O&M building $ 732.00 Sludge motor starter/terminations $ 843.00 TOTAL $59,190.00 The total of Change Order #7 represents 0.328% of the original total project cost and in all cases represents a deduction or added value to the City. Project-to-date change orders have represented only 2.1% of the original $17.999 million bid by the general contractor. The last item, sludge motor starter/terminations is the responsibility of the consulting engineers and will be deducted from their progress payment. On February 7, 1995, the City Council approved the Capital Improvement Program, Biosolids Treatment and Management Plan (CIP #S-500). There are sufficient funds of $7,160,000 for 1997. USEPA regulations, 40 CFR Part 503 requires municipalities implement an approved method of biosolids treatment, reuse/disposal and to comply with the National Pollutant Discharge Elimination System (NPDES) permit. Failure to comply would result in civil and/or criminal penalties. Change Orders in excess of $10,000 require approval by the City Council. Motion -- Knight moved that the Change Order be approved and the Mayor be authorized to -- carried sign. Motion carried 6 to 0. (Ferris absent) BUDGET ADJUSTMENTS BUDGET ADJUSTMENT - COPS UNIVERSAL GRANT. Agenda Report No. 97-854. The City of Wichita has received the Federal COPS Universal Grant that provides partial funding for 112 additional commissioned officers. As outlined in the Public Safety Initiative, the 112 additional commissioned officers are 5 lieutenants, 19 sergeants, 18 detectives, and 70 officers. The City's external auditors released a finding that the lieutenants, sergeants, and detectives may not be funded through the COPS Universal Grant. Instead, 112 entry-level officers must be funded from the grant, and the lieutenants, sergeants, and detectives must be funded entirely from local funds. The external auditor's finding requires that 42 entry-level officers be transferred from local funding to the grant and that the 5 lieutenants, 19 sergeants, and 18 detectives be transferred from the grant to local funding. This transfer does not increase the cost of the additional officers and is required for accounting purposes only. To comply with the external auditor's finding, $570,170 needs to be transferred from funds budgeted as local match for the COPS Universal Grant to funds budgeted for salaries and benefits of locally funded officers. Failing to comply with the external auditor's finding could result in the U.S. Department of Justice rescinding the COPS Universal Grant. Motion -- carried Knight moved that the Budget Adjustment be approved. Motion carried 6 to 0. (Ferris absent) BUDGET ADJUSTMENT BUDGET ADJUSTMENT - CHEMICAL INJECTION FACILITIES. Agenda Report No. 97-855. On December 12, 1989, the City Council authorized the development of a comprehensive sewer odor control program. On January 8, 1991, the City Council approved the odor control plan recommendations which included installation of remote odor control injection sites. The injection facilities feed chemicals into collector lines transmitting sewage to Plants #1 and #2. The chemicals control sulfide based odors at both Plant #1 and Plant #2. Further, the chemicals will help prevent damage to the collection system caused by the formation of sulfuric acid from sulfur compounds. Failure to inject the odor control chemicals will result in odor complaints from the general public and increased infrastructure damage from sulfuric acid formation. The Capital Improvement Program (CIP #S-503, Chemical Injection) has available funds of $406,000 and approved $200,000 for 1997. The total cost of the Contract is $678,000. A total of $72,000 would be transferred from underexpenditures in #S-077, Clarifier Rehabilitation, #S-335, Wastewater Sludge Belt Press, and #S-315, Interceptor Relief Sewers, to this project. Motion -- carried Knight moved that the budget adjustments be authorized. Motion carried 6 to 0. (Ferris absent) BUDGET ADJUSTMENT BUDGET ADJUSTMENT - RECREATION DIVISION. Agenda Report No. 97-856. The Recreation Division of the Department of Park and Recreation requested that funds totaling $231,638 currently allocated to the Recreation Division as "contingency funds" for new and expanded programs be transferred to the Recreation Division's operating budget. The funds are needed to pay expenses incurred for implementing the Day Care/Day Camp Program, the Summer Fun Program, and summer athletic programs for youth. Expenses for the programs total $231,638 and funds need to be transferred from the $300,000 contingency fund allocation to Recreation's operating budget. Motion -- carried Knight moved that the budget adjustment be authorized. Motion carried 6 to 0. (Ferris absent) BUDGET ADJUSTMENT BUDGET ADJUSTMENT - PLANNING DEPARTMENT COMPUTER SYSTEM. Agenda Report No. 97-857. The Planning Department submitted a budget adjustment for the p