MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, December 9, 1997 Tuesday, 9:08 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cole, Gale, Lambke, Rogers; present. *Council Members Ferris, Kamen; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Rev. Elisha Verge, North Ash Church of the Nazarene. 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 November 25, 1997, were -- approved approved 5 to 0. (Ferris, Kamen; absent) AWARDS AND PRESENTATIONS SERVICE CITATIONS Mayor Knight presented Distinguished Service Citations to those present. PROCLAMATIONS Mayor Knight presented the Proclamations that were previously approved. Council Member Kamen present. PUBLIC AGENDA MILT POLLITT COMMENTS BY MILT POLLITT. Milt Pollitt, Sedgwick County Solid Waste Management Committee Chairman, said that at its November 10, 1998, meeting, the Committee voted to ask that the Chairman appear before the Sedgwick County Commission and the City Council to ask for financial support for the Christmas Tree Recycle Program for 1997. It was the Committee's understanding that the City Council had not included the cost of the program for 1997 in the landfill tipping fee. The second part of the motion passed by the Committee was to place on its July 1998 timeline the making of a recommendation for a yearly funding program for this event. Mayor Knight Mayor Knight stated that he was contacted about a week and one-half ago by the newspaper with information that the County had declined to provide the funding for this service; and that he had responded that this is a very worthwhile service so the matter would be brought before the City Council. When Mayor Knight returned to the City after being away on business, he was told that the County would fund the program. Mayor Knight said it would be his hope that Mr. Pollitt would express the City Council's appreciation to the County, tomorrow, for taking on this very important program for which the County deserves credit. UNFINISHED BUSINESS EMPORIA AND 11TH REPORT FROM THE TRAFFIC COMMISSION PERTAINING TO THE INTERSECTION OF NORTH EMPORIA AND 11TH STREET. (District VI) Continued from November 25, 1997. Council Member Cole Council Member Cole reviewed the Law Department's review of the matter stated that the meeting of November 19, 1997, of the Wichita Traffic Commission was a fair and proper meeting and did not violate the Kansas Open Meetings Law. At the informal luncheon/meeting on November 19th, Traffic Engineering staff provided background information to the Traffic Commission regarding the intersection matter. No vote was taken during the luncheon session and, as far as is known, none of the Commissioners made up their minds prior to the scheduled public hearing. The public hearing on the agenda item was conducted in accordance with the meeting rules of the Traffic Commission. Staff made an oral presentation and written background and technical information was provided. The meeting was open to the public and citizens were allowed to speak. Three people spoke in favor and three spoke against a stop sign. The Traffic Commission voted in the regular meeting to recommend installation of additional pavement markings. Motion -- Cole moved that the Traffic Commission recommendation to deny the stop sign request and install additional pavement markings to correct the traffic conditions at the intersection be approved; that Council Member Cole receive monthly traffic accident reports effective now; and that the Item be returned in -- carried 90 days for review. Motion carried 6 to 0. (Ferris absent) NEW BUSINESS IRB - CESSNA PUBLIC HEARING AND ISSUANCE OF INDUSTRIAL REVENUE BONDS - CESSNA AIRCRAFT COMPANY. (Districts III and V) Allen Bell Financial Projects Director reviewed the Item. Agenda Report No. 97-1033. On December 3, 1996, the Council approved a Letter of Intent to issue Industrial Revenue Bonds in an amount not to exceed $200.0 million to Cessna Aircraft Company over a five-year period and extended Cessna's December 15, 1992 Letter of Intent for a five-year period ending December 3, 2001. Council also granted Cessna a 100% tax abatement for a ten year term. Proceeds of the Bond sales are to be used to expand and equip facilities located at One Cessna Boulevard and 5800 E. Pawnee. On December 14, 1993, the Council approved the issuance of Industrial Revenue Bonds in an amount not to exceed $48.1 million. The proceeds from the sale of the 1993 bonds were used to purchase machinery and equipment and to renovate Cessna's facilities at One Cessna Boulevard (adjacent to the airport) and on east Pawnee. On November 29, 1994, the Council approved the issuance of Industrial Revenue Bonds in an amount not to exceed $44.8 million and on December 12, 1995 the Council approved the issuance of Industrial Revenue Bonds in an amount not exceeding $46.0 million. On December 17, 1996, the Council approved the issuance of Industrial Revenue Bonds in an amount not to exceed $54.0 million. The proceeds from the sale of the 1994, 1995 and 1996 bonds were used to continue the financing of modernization of facilities and the purchase of new machinery and equipment, primarily for tooling for the Citation X airplane. The proceeds from the sale of the 1997 bonds will be used to continue the financing of modernization of facilities and the purchase of new machinery and equipment. These facilities will provide adequate space for the development and manufacture of the four new jet aircraft introduced in 1989 and 1990, while continuing support for existing Cessna aircraft models. The increase in Fanjet Aircraft orders forecast for this period will result in continued increases in manufacturing and support personnel in Wichita. To build and service the aircraft Cessna has seen the creation of approximately 800 new jobs during 1994, 1995 and 1996. Cessna anticipates an additional 300 new jobs during 1997 period. The proposed project will provide for the expansion and upgrading of facilities and equipment to accommodate the increased personnel and space required to develop and produce the four new business jet aircraft; CitationJet, Citation VI, VII and X, introduced in 1989 and 1990. Improvements and related expenditures planned during the 1996-2000 period at the two Cessna sites include facility renovations and upgrades to accommodate the Citation X including conversion of the prospect facility from warehousing to fabrication/sub-assembly and rearrangement of the Mid-Continent facility to meet assembly requirements for the plane. In addition, plans for new facilities provide for a new delivery center to accommodate the much larger Citation X, a 20,000 sq. ft. expansion of the flight hangar and a two-bay extension to the current final paint preparation facility. Cessna aircraft Company, has an approved EEO/AA plan on file with the city. The Cessna Cost/Benefit Analysis based on the Fiscal and Economic Impact Model of the Institute for Public Policy and Business Research at the University of Kansas provided a Benefit-Cost Ratio of 1.8 to 1. Cessna agrees to pay all costs of issuing the bonds and agrees to the City's annual $2,500 administrative fee for the term of the bonds. The bonds, as presently expected, will be purchased by the Cessna Aircraft Company and not offered for public sale. Cessna presently pays in excess of $3.3 million annually for personal and real property taxes. Over the last 4 years, Cessna has issued just under $50 million per year in IRBS, primarily to finance new equipment. Based on a continuation of this practice, each year's estimated amount of new tax exemption will be around $1.6 million. In the year following issuance of the full $200 million, the total amount of exempted taxes under this Letter of Intent will be approximately $3.6 million, based on the current year's mill levy and depreciation of the financed equipment. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Lambke moved that the public hearing be closed; the Bond Ordinance be placed on first reading; and the Mayor be authorized to sign the necessary documents. -- carried Motion carried 6 to 0. (Ferris absent) ORDINANCE An Ordinance authorizing the City of Wichita, Kansas, to issue its taxable industrial revenue bonds, Series XVII, 1997 (The Cessna Aircraft Company), in the aggregate principal amount of not to exceed $64,000,000 for the purpose of purchasing, acquiring, construction, and installing an industrial and commercial facility; authorizing execution of a seventh supplemental trust indenture by and between the City and Intrust Bank, N.A., Wichita, Kansas (successor trustee to Boatmen's National Bank (formerly Bank IV, National Association)), Wichita, Kansas, as trustee with respect to the Series XVII,1997 bonds; authorizing the City to lease said project to the Cessna Aircraft Company; authorizing the execution of a seventh supplemental lease by and between the City and the Cessna Aircraft Company; and authorizing the execution of a bond purchase agreement by and between the City and the Cessna Aircraft Company, as purchaser of the bonds, introduced and under the rules laid over. TAX EXEMPTION PUBLIC HEARING AND TAX EXEMPTION REQUEST - UNITED MACHINE COMPANY, INC. (District I) Allen Bell Financial Projects Director reviewed the Item. Agenda Report No. 97-1039. On October 10, 1995, the City Council approved an application for a 100% tax exemption, as authorized by the State Constitution, for an expansion project by United Machine Company, Inc. The expansion project consisted of the purchase of machinery and equipment at a cost of $1,167,000 to be implemented in two phases. Subsequent to the submission of an exemption application to the State Board of Tax Appeals, (B.O.T.A.), the application was denied by B.O.T.A. because of, among other reasons, the stated completion date of the total project was to occur in 1998 and the Cost/Benefit Analysis performed by Kansas University was dated after the Council's consideration of the item and did not adequately identify the cost and benefits of the project to the State of Kansas. To correct these conditions, the project is being submitted for reapproval and each phase will be independently submitted for Council approval. A $322,000 first phase of the expansion project was approved by the City Council on July 1, 1997 and B.O.T.A. issued its order exempting the Phase I property on August 13, 1997. United Machine Company, Inc. (United), manufactures a variety of small and medium-sized precision machine parts used in the manufacture of aircraft. United, located at 602 North Hydraulic, is requesting a tax exemption on a $374,500 expansion project consisting of the purchase of machinery and equipment. United has been engaged in the manufacture of machined bolts, shafts, fittings and other parts since 1968. United has 17 employees and expects to add another 7 new employees over the next 3 years. The $374,500 second phase of the expansion project is now being presented for City Council approval and consists of the following equipment purchases: * SV-50 Mori Seiki CNC Machining Center$ 152,500 * SV-50 Mori Seiki CNC Machining Center128,000 * Kira CNC Machining Center 94,000 Total: $ 374,500 A notice of public hearing has been published. United Machine will maintain a City of Wichita approved EEO/AA Plan for the full term of the Tax Exemption. The Business Incentives Policy provides for an eligible 100.0% tax exemption for five years on the personal property. The estimated first year taxes on United's proposed $374,500 project under an estimated 1997 mill levy of 107.304 mills, on property within the Wichita City limits would be $8,609. Using the allowable tax exemption of 100.0%, the City would be exempting, for the first year, $8,609 of new taxes from the property tax rolls. Wichita State University Center for Economic Development and Business Research has conducted a new cost-benefit analysis indicates a ratio of 2.25 for the City of Wichita; 1.7 for Sedgwick County; 1.4 for USD 259 and 6.5 for the State of Kansas of benefits to costs with a 100.0 percent exemption for United Machine Company, Inc. United paid $7,064 in existing real and personal property taxes in 1996 and will continue to pay taxes on the existing property. The existing building and personal property will stay on the property tax rolls. The policy exemption equates to $1,230 of exempted taxes per each new job (7 new jobs). The tax exemption will be shared among the taxing entities as follows: City - $2,505; County/State - $2,543; and USD 259 - $3,561. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Rogers moved that the public hearing be closed and the Ordinance granting a 100 percent tax exemption for five years on the equipment purchased for the second phase of the expansion project be placed on first reading. Motion carried -- carried 6 to 0. (Ferris absent) ORDINANCE An Ordinance exempting property from ad valorem taxation for economic development purposes pursuant to Article 11, Section 13, of the Kansas Constitution; providing the terms and conditions for ad valorem tax exemption; and describing the property of United Machine Company, Inc., so exempted, introduced and under the rules laid over. IRB - INNES STATION REQUEST TO INCREASE LETTER OF INTENT TO ISSUE INDUSTRIAL REVENUE BONDS - INNES STATION PARTNERS, L.L.C. (District VI) Council Member Kamen declared a conflict of interest and abstained from participation. Allen Bell Financial Projects Director reviewed the Item. Agenda Report No. 97-1040. On July 1, 1997, the City Council approved the issuance of a Letter of Intent for Multi-Family Housing Revenue Bonds in an amount not to exceed $3.7 million to Innes Station Partners, L.L.C. Bond sale proceeds will be used to finance a portion of the acquisition and renovation of an Old Town warehouse into an 80-unit multi-family housing project. Innes Station Partners is requesting that the Letter of Intent be increased to $4.1 million. Innes Station Partners has decided to make a public offering of the bonds to be used to Innes Station Partners, L.L.C. A public offering will require the establishment of a bond reserve of $400,000. To provide for the bond reserve, the amount of the bonds to be issued needs to be increased by $400,000 to $4.1 million. Innes Station Partners 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. Innes Station Partners does not request an abatement of ad valorem property taxes in conjunction with the issuance of bonds. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that an increase of the amount of IRBs authorized to be issued in the Letter of Intent to Innes Station Partners, L.L.C. to $4.1 million be approved. -- carried Motion carried 5 to 0. Kamen abstained. (Ferris absent) IRB - PARK WEST ORDINANCE AMENDING AND REPEALING THE ORDINANCE AUTHORIZING INDEPENDENT LIVING FACILITY REVENUE BONDS AND TAXABLE ASSISTED CARE FACILITY REVENUE BONDS - PARK WEST PLAZA, L.L.C. (District V) Gary Rebenstorf Director of Law reviewed the Item. Agenda Report No. 97-1041. On November 18, 1997, the City Council passed Ordinance No. 43-635, approving the issuance of Assisted Living Facility Revenue Bonds and Taxable Assisted Care Facility Revenue Bonds in the aggregate amount of $3,500,000 to finance facilities for Park West Plaza, L.L.C. From the date of the July 29, 1997 application for letter of intent, through the date on which Ordinance No. 43-635 was adopted, all documents identified Froggatte & Herndon Capital Corporation as the entity to sell the Bonds, acting as agent of the Birchtree Financial Services, Inc., a registered broker-dealer. After Ordinance No. 43-635 had been approved, information from the Kansas Securities Commission database revealed that although the principal owners of Froggatte & Herndon Capital Corporation are registered agents of Birchtree Financial Services, Inc., Froggatte & Herndon Capital Corporation itself is not a registered agent, and cannot lawfully act in the capacity originally proposed. Froggatte & Herndon Capital Corporation cannot lawfully sell the Bonds as originally contemplated, and accordingly, Ordinance No. 43-635 must be amended in order to authorize an appropriately revised document set, including a Bond Purchase Agreement running directly to Birchtree Financial Services, Inc., as the underwriter for the Bonds. The dated dates of the Lease, Indenture and Bonds authorized by the amending Ordinance will be changed to December 1, 1997, and certain other adjustments will be made in the documents to refer to the amending Ordinance and the changes in the underwriting structure. Costs arising in relation to the need for passage and publication of the amending Ordinance will be born by Park West Plaza or the underwriter, and not by the City. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the Ordinance amending and repealing Ordinance 43-635 and authorize the revised document set to accommodate the change in underwriting -- carried structure be placed on first reading. Motion carried 6 to 0. (Ferris absent) ORDINANCE An Ordinance amending Ordinance No. 43-635 of the City of wichita, Kansas, pertaining to authorizing the City of wichita, Kansas (the issuer), to issue its Independent Living Facility Revenue Bonds, Series XV-A, 1997 (Park West Plaza, L.L.C.) in the aggregate principal amount of $2,000,000 for the purpose of purchasing, acquiring, construction, and equipping an 18 unit independent living facility and its taxable Assisted Care Facility Revenue Bonds, Series XV-B, 1997 (Park West Plaza, L.L.C.) in the aggregate principal amount of $1,500,000 for the purpose of purchasing, acquiring, constructing, and equipping a 24 unit special care assisted living facility 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 and authorizing execution of a lease of the project between said issuer and Park West Plaza, L.L.C.;prescribing the form of a guaranty agreement between Park West Plaza, L.L.C., 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, Park West Plaza, L.L.C., Birchtree financial Services, Inc., as underwriter of the bonds,and repealing Ordinance No. 43-635 of the City of Wichita, Kansas, introduced and under the rules laid over. Motion -- Knight moved that the Council recess to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to legal advice and contract negotiations, and the regular -- carried meeting be resumed at 10:00 a.m. Motion carried 6 to 0. (Ferris absent) RECESS Council recessed at 9:35 a.m. and reconvened in regular session at 10:12 a.m. Mayor Knight Mayor Knight announced that no action was necessary as a result of the executive session. (Time-certain Item No. 7 was considered later in the meeting. Action is shown in Agenda order.) (Council Member Ferris present) CONDEMNATIONS REPAIR OR REMOVAL OF DANGEROUS AND UNSAFE STRUCTURES. (Item No. 7) Kurt Schroeder Superintendent of Central Inspection reviewed the Item and said the recommendation on 1136 N. Market was being changed to defer to January 6, 1998. Agenda Report No. 97-1042. Hearings will be conducted on the following properties: (1) 2308 N. Woodland (rear) District VI (2) 1136 N. Market District VI (3) 828 W. University District VI Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that Item [2] be deferred to January 6, 1998, and for Items [1] and [2] the public hearing be closed, the resolutions declaring the building(s) dangerous and unsafe structures be adopted, the staff recommended time frame to alleviate the findings be approved and any extensions of time granted to repair the structures would be conditioned on the following: (1) any back taxes now due are to be paid and taxes kept current, (2) the structures are to be kept secured, and (3) the premises are to be kept mowed and free of debris; if any of these conditions are not met, staff is directed to proceed to let for bids to demolish the structure; and the City Clerk be instructed to have the Resolution published once in the official city paper and advise the owners of these findings. Motion -- carried carried 7 to 0. RESOLUTION NO. R-97-416 A Resolution finding that the structure located on Lots 6-8 Armstrong Avenue, now Woodland Avenue, Humphrey & Pool's Addition to Wichita, Sedgwick County, Kansas, commonly known as 2308 North Woodland (rear) 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. RESOLUTION NO. R-97-417 A Resolution finding that the structure located on the west 51 feet of the east 126 feet of the south 140 feet of Lot 3, Block, Lawrence Addition to Wichita, Sedgwick County, Kansas, commonly known as 828 West University, 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. (Council Member Ferris absent) INDUSTRIAL DISTRICTS RESOLUTION TO SUPPORT INDUSTRIAL DISTRICTS. Agenda Report No. 97-1043. Industrial Districts were authorized by State statute in 1957 to assist with industrial development. The purpose of an industrial district is to: stimulate and develop general economic welfare and prosperity; encourage and assist in the location of new industry and the expansion of existing industrial development; and promote economic stability by providing greater economic opportunities and diversification of industry. The City of Wichita has two industrial districts. The North Industrial District, created in December, 1962 and expanded in March, 1963, and the Koch Industrial District created in December, 1980. Within Sedgwick County there are four other industrial districts. Cessna Aircraft Company created two districts in February, 1979 (the Pawnee Industrial District and the Wallace Industrial District). The Raytheon Industrial District (Beech-Wichita) was created in July, 1979 and the Boeing Industrial District was created in September, 1980. The three aircraft corporations, Boeing, Cessna and Raytheon, have requested the City continue support for the Industrial Districts. Additionally, the City has contractual agreements with the Boeing, Cessna and Raytheon Industrial Districts to not unilaterally annex the property for twenty years from the date of the contract. The corporations are also requesting continuation of the non-annexation agreements for an additional twenty years. This action is consistent with K.S.A. 19-3818 which allows for a renewal once the agreement has expired. The purpose of an Industrial District is to foster economic growth and development for the community. Over the last twenty years all three corporations have repeatedly demonstrated the ability to enhance the economic climate of the Wichita/Sedgwick County community. The current climate is one of economic growth. Wichita is second in the U.S. for cities (above Industrial Districts 200,000 population) in the percentage of people employed in manufacturing. Manufacturing growth has been so strong that it has over taken service sector employment which is unprecedented over the last several decades. The unemployment rate for the three county area reached the lowest percentage since 1991 (3.3%). The civilian labor force has grown 5.4% since August of 1996. The three aircraft manufactures ( located in Industrial Districts), have been the primary contributors to the community's healthy economy. Boeing Wichita has grown from 7,000 employees to more than 21,000 in the last 20 years. Their payroll was $100 million in 1977 and will likely exceed $1 billion in 1997. Boeing Wichita placed orders worth $19.2 million with Kansas-based suppliers in 1977. The value of Kansas based supplies ordered by Boeing Wichita will have grown to more than $500 million in 1997. The more than $3 billion in capital investments at Boeing Wichita (since 1977) has added 5 million square feet of covered floor space and has created one of the largest, most modern, technologically advanced and efficient aerospace manufacturing sites in the world. The past twenty years have been a transition period at Cessna; however, at no time has growth and development of Cessna been more significant than the present. The City and Cessna entered into a partnership at the beginning of this decade under which the City has thus far issued $267,030,000 of industrial revenue bonds for capital investment in plant and equipment, and $232,970,000 remains to be issued under the present letter of intent. In the Wichita metro area, Cessna has in excess of a $300 million payroll for its 9,145 employees. Cessna continues to position itself for continued leadership in general aviation in the next century. Raytheon Aircraft has also been a leader in general aviation. The Wichita community has benefited from the company's decision several years ago to construct a new corporate headquarters building. Additionally, Raytheon has invested $150 million in capitalized facilities and equipment which is further testimony to its commitment to this community. The Wichita headquarters is responsible for managing 13,800 employees, nearly 8,000 in Kansas alone, and has more than $2 billion in annual sales revenue. Over the last twenty years, the manufacturing facilities of Boeing, Cessna and Raytheon have experienced dramatic growth; this has resulted in the creation of new jobs for thousands of individuals at the companies' manufacturing facilities. Their growth has also spurred increased employment by local suppliers. All three companies have invested millions of dollars into the community with the construction of plant and office facilities and the purchase of machinery and equipment. It is anticipated that the three companies will continue to create jobs and invest in capital which will further increase the local tax base. Designation of the Boeing, Cessna, and Raytheon facilities as Industrial Districts was an incentive offered by the City and Sedgwick County almost twenty years ago as a way to assist the companies with growth and development. The non-annexation agreements (which were initiated at the same time) are nearing expiration (1999, 2000). All three companies have requested continuation of the Industrial Districts as a legal entity, and to extend for 20 additional years the non-annexation agreements between the manufacturing facilities and the City of Wichita. The companies' request is consistent with the purpose of Industrial Districts which were created to promote and stimulate economic development and to improve the general welfare of the local community. The current City's budget has not projected property tax revenue from the three companies located in Industrial Districts; thus, there would be no loss of revenue. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- carried Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Ferris absent) RESOLUTION NO. R-97-418 A Resolution of the Governing Body of the city of Wichita pertaining to Industrial Districts and non-annexation agreements with such districts, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Ferris absent) Yeas: Cole, Gale, Kamen, Lambke, Rogers, Knight. HILLTOP MANOR/GYM HILLTOP MANOR/GYM RENOVATION. Agenda Report No. 97-1044. The Hilltop Manor building, located at 1329 South Terrace, was used in recent years as a Salvation Army Building. Possession of the building was returned to the City in September, 1995. The building has been vacant since that time and area residents have voiced their need for a neighborhood activity center. Some of the requested services from the area has been and a youth organization and other activities to serve adult and elderly residents. The building is in need of extensive renovation work before it can be used. Staff has negotiated a contract with Kevin Daves & Associates, Architect, to provide recommendations and to design improvements to the building. The City Council has previously approved Community Development Block Grant funds for limited renovation work for this facility. Over the past several years, considerable discussion has taken place relative to whether or not this building should be renovated or razed and a new building constructed. Neighborhood residents have been involved in this evaluation. One of the limiting factors has been to find agencies to operate the facility without dependence upon the City for building maintenance and operation costs. If renovated, the building could house several non-profit service providers to serve the Hilltop neighborhood. In addition, it might be possible to relocate the area Health Care Facility, operated by the Wichita/Sedgwick County Health Department, which would allow for area health care services and health care education. The 4,200 sq. ft. gym could also serve as a location for community education, employment training programs and neighborhood activities. Having a community and agency presence would help sustain the center. If approved, the City will require a Lease Agreement from the Health Care and Service agencies beginning with the second year of occupancy. The indirect costs to operate the building, such as: maintenance, janitorial, and security, will be borne by the agencies from day of occupancy. The Neighborhood Association may be provided the use of one office for meeting and gym scheduling purposes. The cost to the agencies will be prorated to reflect usage. The Community Development Block Grant program has $261,403 budgeted for the Hilltop project from 1995/96 CDBG funds. Council Member Lambke Council Member Lambke recognized persons primarily responsible for bringing the proposal together and said this is a challenge to the people in the Hilltop area. With this action, the City is showing that it will do its part to keep up the neighborhood. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Sharon Askew Sharon Askew thanked the City Council for its support and said the neighborhood is eager to be a part of the improvement of the area. Ms. Askew urged approval of the Item. Motion -- Lambke moved that the Lease, subject to the terms and conditions set forth by the City Council, be approved and the Mayor be authorized to sign; and renovation work and expanded usage of the Hilltop Manor building be authorized. Motion -- carried carried 6 to 0. (Ferris absent) TREECYCLE PROGRAM TREECYCLE PROGRAM. Agenda Report No. 97-1045. In 1996, the City Council agreed to fund the TreeCycle Program which had previously been a volunteer effort. It is proposed to again fund the program in 1997 from landfill tipping fees. Proposals will be solicited for the 1997 TreeCycle Program if the City Council approves funding. The current tipping fee is sufficient to fund the treecycle program in an amount not to exceed $15,000. The TreeCycle Program will be funded from landfill fees. Mayor Knight Mayor Knight explained that the Item was, essentially, addressed when Mr. Pollitt spoke to the City Council on the Public Agenda. Council Member Kamen Council Member Kamen said the County taking over, and their willingness to do so, was great and he applauded the County for doing so. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Mayor Knight Mayor Knight said a full expression of the City Council's appreciation should be given to the County because this is a worthwhile program. No action was taken. ODOR REGULATIONS PROPOSED AMENDMENT TO THE ORDINANCE PERTAINING TO ODOR REGULATIONS. Chris Cherches City Manager reviewed the Item. Agenda Report No. 97-1046. The proposed amendments correct impediments to effective regulation of commercial or industrial operations which produce objectionable odors. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Holly Kellogg Holly Kellogg, north Riverside area resident and Doctoral student at Wichita State University in the field of Human Factors (the science of making people more productive in their various environments), said that shortly after moving to Wichita, she walked outside her home and was accosted by a horrible stench. *Council Member Ferris present. Inquiries into the source of the odor led to her involvement with the North Riverside Area Neighborhood Association. Ms. Kellogg reported the results of her investigation at the September and October Association meetings. Ms. Kellogg said she had discovered that there are companies nation-wide that make chemicals that can either neutralize odors or mask an offensive odor with other smells. These types of chemicals have been successful on sewage treatment facilities, refineries, meat packing plants, and animal carcass rendering facilities. Ms. Kellogg contacted National By-Products to find out what measures they were taking to control their odors. A report was given in the November/December edition of the community newsletter. A cursory search of available information about the impact of odors on human productivity correlated how pleasant fragrances are involved with increasing task performance and helping behaviors; how food smells are used in improving mood and treating claustrophobia and agoraphobia; how pleasant odors have shown improved workplace productivity as well as increased spending in retail stores and increased gambling in casinos. One author wrote in Insight on the News, November 10, 1997, "Although in some of our studies pleasant odors did seem to influence behavior, more often than not, it was the unpleasant odors that seemed to have stronger effect." It is understood that companies such as National By-Products may provide a needed function in the community; however, they must be responsible for affecting the quality of life of the members of the community. The companies ought to be required to do more to control the odors they produce. Council Member Kamen Council Member Kamen asked what the numbers for levels meant. Jack Brown Environmental Health Director said the standard proposed is stricter than the current standard but it can be complied with by most businesses. Seven is a typical standard used in other communities when dealing with obnoxious odors. Seven is a standard that the City had in a previous ordinance but it was for residential areas. This standard is now being put in place in all areas. Routine businesses should not be affected by the ordinance. Motion -- Kamen moved that this Item be deferred one week for additional information. -- carried Motion carried 7 to 0. CITY COUNCIL AGENDA COUNCIL MEETINGS DECEMBER MEETING SCHEDULE. Motion -- Knight moved that regular City Council meetings be scheduled for December 16th and December 23, 1997; the December 30th (5th Tuesday) meeting be canceled; and the closure of City offices on Friday, December 26, 1997, be authorized. Motion -- carried carried 7 to 0. 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 - Council at large) Board of Code Standards and Appeals (2 appointments - City Manager - 1 Citizen at large, 1 Architect) Commission on the Status of People with Disabilities (3 appointments - Ferris, Gale, Knight) Group Life Insurance Board (2 appointments - Council at large) Library Board (Cole) Sister Cities Advisory Board (Knight) Wichita Athletic Commission (3 appointments - Council at large) Wichita Commission on the Status of Women (2 appointments - Kamen, Lambke) Wichita-Sedgwick County Board of Health (1 appointment - Veterinarian) No appointments were made. ADDENDUM ITEM 13a NOMINATING COMMISSION APPOINTMENT FOR MUNICIPAL JUDGE NOMINATING COMMISSION. Gary Rebenstorf Director of Law reviewed the Item. Agenda Report No. 97-1021 A. On November 25, 1997, the City Council appointed members to Municipal Judge Nominating Commission. The Council appointed two non-lawyer members, one lawyer member, and appointed two lawyer members nominated by the Wichita Bar Association. At the first meeting of the newly-appointed Nominating Commission, it was discovered that one member, nominated by the Bar Association, was not an elector of the City of Wichita. The provisions of Charter Ordinance No. 142 requires that the members of the Nominating Commission shall be electors of the City of Wichita. After being alerted to the problem, the Wichita Bar Association nominated a different lawyer to replace the ineligible lawyer. The new nominee is Sheila Floodman, of the firm of Alexander, Floodman, & Casey, Chartered. Under the provisions of Charter Ordinance No. 142, the City Council has the final authority for appointment of the lawyer members nominated by the Wichita Bar Association. Motion -- Knight appointed Sheila Floodman and moved that the appointment be approved. -- carried Motion carried 7 to 0. CONSENT AGENDA Knight moved that the Consent Agenda be approved in accordance with the recommended action shown thereon. Motion carried 7 to 0. BOARD OF BIDS REPORTS OF THE BOARD OF BIDS AND CONTRACTS DATED NOVEMBER 24 AND DECEMBER 8, 1997. At 10:00 a.m., Friday, November 21, 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 November 24, 1997) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Storm Water Sewer No. 486 and Detention Pond to serve Maple Dunes Addition (north of Maple, west of 135th West). (468-82717/751016/485137) Does not affect existing traffic. (Council approval date 7-1-97) (District V) Utility Contractors - $234,515.00 Kellogg/West Landscaping, Planting, Irrigation and Paving (Kellogg and West Street). (/701227/) Does not affect existing traffic. (Council approval date 2-13-94, District IV) Utility Contractors - $824,305.78* *Awarded at bid amount which is within the Amended Preliminary Estimate and Project Budget which is with the concurrence of the Law Department and subject to KDOT approval Storm Water Sewer #489 to serve Wilson Farms Addition (south of 21st Street North, east of Rock Rd). (468-82742/751073/485142) Does not affect existing traffic. (approval date 7-1-97) (District II) Utility Contractors - $181,734.00 (Engineer's Estimate) Water Distribution System to serve Greenwich Business Park (north of 21st Street North, west of Greenwich Road). (448-89133/733980/470476) Traffic to be maintained during construction. (Council approval date 6/10/97) (District II) WB Carter - $18,946.00* *Redirected award from WBW Contractors (Bid incorrectly recorded) Knight moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign for the City. Motion carried 7 to 0. VARIOUS DEPARTMENTS/VARIOUS DIVISIONS: Cab & Chassis with Various Bodies (Various) Don Hattan Chevrolet Group I - Cost per Vehicle - $23,188.00 Group II - Item 1 - Cost per Vehicle - $21,560.00 Item 2 - Cost per Vehicle - $23,284.00 Group III - Cost Per Vehicle - $29,171.00 - Option #1 - per Vehicle - $ 70.00 - Option #2 - per Vehicle - $ 183.00 Group IV - Cost per Vehicle - $23,222.00 Group V - Cost per Vehicle - $26,356.00 Rusty Eck Ford Group VI - Item 1, Cost per Vehicle - $55,998.00 - Item 2, Cost per Vehicle - $52,303.00 Copeland International Trucks, Inc. Group VII - Cost per Vehicle - $44,095.00 Don Hattan Chevrolet Group IX - Cost per Vehicle - $23,230.00 Copeland International Trucks, Inc. Group X - Cost per Vehicle - $76,725.00 WATER & SEWER DEPARTMENT/SEWAGE TREATMENT: 75 HP Vertical Mount Motor (632166) 96 Agri Sales Inc. - $16,035.00 WATER & SEWER DEPARTMENT/WATER DISTRIBUTION: Miscellaneous Waterworks Supplies (181222) Group I Water Products, Inc. $ 1,423.95* Group II Hajoca Corp. $10,196.00* + Group III Price Brothers Co. $ 940.00* Group IV Wichita Winwater Works $ 2,673.00* ++ Group V Hajoca Corp. $ 302.50* Group VI Southwest Meter & Supply $ 1,708.56* Group VII Southwest Meter & Supply $ 566.40* Group VIII Water Products, Inc. $ 205.38* Group IX US Filter $ 778.00* *Plus applicable sales tax 2%-10 billing terms ++2%-30 billing terms Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid, and the necessary signatures be authorized. Motion carried 7 to 0. At 10:00 a.m., Friday, December 5, 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 December 8, 1997) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS 1998 Utility Cut Repair of Streets, Driveways, and Sidewalks at Various Locations. (132035/112000) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 8-12-97) (District All) Cornejo & Sons - $999,750.00 (Engineer's Estimate) 1997 Contract Maintenance 12 ft. Edge Milling and Heater Scarification of Arterial Streets, Phase IV at various locations. (132282/112000) Traffic to be maintained through construction. (Council approval date 3-4-97) (District All) Cutler - $360,575.00 (Engineer's Estimate) 1997 Contract Maintenance Concrete Reconstruction Phase III at various locations. (131516/112000) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 3-4-97) (District I & VI) Ferguson - $165,300.00 (Engineer's Estimate) 1997 Sanitary Sewer Rehabilitation Program (west of Ridge Road, north of Central). (468-82787/621862/533-297) Does not affect existing traffic (Council approval date 1-7-97) (DISTRICTS I, III AND V) Insituform - $171,288.00 1997 Contract Maintenance Base Stabilization/Repairs and Overlay of Asphalt Streets in the Callahan Addition (south of Maple, west of Tyler Road). (132316/112000) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 3-4-97 (District V) Asphalt Construction - $200,020.00 Engineer's Estimate) 1997 Klink Pavement Resurfacing and Repairs on US-54 (Kellogg) (from the west side of Armour Street to the Kansas Turnpike Overpass (I-35)). (132373/112000) Does not affect existing traffic. (Council Approval date 3-4-97) (District II) Asphalt Construction - $326,550.00 (Engineer's Estimate) Sewer Response Plan Raise Buried Manholes (1997 - set 4) (north of Maple, east of Tyler Road). 468-82789/621896/533350) does not affect existing traffic. (council approval date 1-7-97) (District V) H D Mills & Sons - $23,265.00 Lateral 7, Cowskin Interceptor Sewer to Serve Maple Dunes Addition (north of Maple, East of 135th). (468-82715/743302/480421) Does not affect existing traffic. (Council approval date 7-8-97) (District V) Mies Construction Co, Inc. - $129,190.00 Water Distribution System to Serve Maple Dunes Addition (north of Maple, east of 135th Street West). (448-89149/734202/470498) Does not affect existing traffic. (Council approval date 7-8-97) (District V) H D Mills & Sons - $63,519.00 Water Distribution System to Serve Bradford North Third Addition (south of 29th Street, west of Tyler Road). (448-89169/734111/470489) Does not affect existing traffic. (Council approval date 7-8-97) (District V) Dondlinger Construction Company, Inc. - $74,395.50 Water Distribution System to Serve Bradford North Third Addition (south of 29th Street, west of Tyler Road). (448-89170/734129/470490) Does not affect existing traffic. (Council approval date 7-8-97) (District IV) H D Mills & Sons - $25,791.75 Water Distribution System to Serve part of Wood River Second Addition (south of Mac Arthur, west of K-15 Highway). (448- 89208/734152/470493) Does not affect existing traffic. (Council approval date 10- 7-97) (District N/A) H D Mills & Sons - $9,248.00 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 7 to 0. WATER & SEWER DEPARTMENT/SEWER MAINTENANCE DIVISION: New Current Model 22,000 GVW Cab & Chasis w/one New Current Model 1,200 Gallon Semi- Elliptical Tank (182501) Copeland International Trucks, Inc. - $55,350.00 Option #1 - Deduct Lump Sum - $ 14,000.00 Option #2 - Add Lump Sum - $ 1,170.00 WATER & SEWER DEPARTMENT/SEWER MAINTENANCE DIVISION: New Current Model Combination High-Pressure Sewer Cleaner & Vacuum Waste Removal System Mounted on 64,000 GVW Cab & Chassis (617571) Key Equipment & Supply Company - $215,115.00 Option #1 - Deduct Lump Sum (trade) $64,390.00 Option #2 - Add Lump Sum $ 2,340.00 Option #3 - Add Lump Sum $ 1,800.00 Option #4 - Add Lump Sum $ 255.80 Option #5 - Add Lump Sum $ 1,000.00 Option #6 - Add Lump Sum $ 2,750.00 Add for Optional Wet-Sleeved Engine $ 950.00 WATER & SEWER DEPARTMENT/WATER DISTRIBUTION DIVISION: Backhoe-Loader (181206) Wichita Ford Tractor - $42,997.00# #(Plus Applicable Sales Tax) WATER & SEWER/SEWAGE TREATMENT DIVISION: Sewage Air Release Valves (632398) Fluid Equipment Co., Inc. - $13,638.00* *Corrected Total WATER & SEWER/SEWAGE TREATMENT DIVISION: Allen-Bradley Equipment (624015) Stanion Wholesale - $13,580.00 (1%/10 N/30) WATER & SEWER/SEWAGE TREATMENT DIVISION: Moyno Progressive Cavity Pump (624015) Fluid Equipment Co., Inc. - $42,032.00 PUBLIC WORKS/TRAFFIC MAINTENANCE DIVISION: Modular Traffic Signal Equipment (132217) Mid American Signal, Inc. - $2,750.00 Option #2 - $26,490.00 Option #3 - $13,490.00 FIRE DEPARTMENT: Mattresses and Compatible Foundations (070003) Air Capital Mattress Co., Inc. - $8,568.00 VARIOUS DEPARTMENTS: Fixtures and Miscellaneous Electrical Items (037200) American Electric Group I - $9,922.25##^ Group II - $3,824.00 Group IV - $ 396.85## ## Increase item 2 to 20 each ## Plus Freight Consolidated Electrical Distributors Group III - $1,437.00 VARIOUS DEPARTMENTS/VARIOUS DIVISIONS: Automotive Batteries (Various) Exide Corporation Item 1 (per each) - $ 41.40 Item 2 (per each) - $ 26.00 Item 3 (per each) - $ 32.00 Item 4 (per each) - $ 26.25 Item 5 (per each) - $ 28.00 Item 6 (per each) - $ 28.00 Item 7 (per each) - $ 48.50 Item 8 (per each) - $ 43.24 Item 9 (per each) - $ 43.24 Item 10 (per each) - $ 45.00 Item 11 (per each) - $ 34.50 Item 12 (per each) - $ 44.00 Item 13 (per each) - $ 39.80 Item 14 (per each) - $ 39.80 Item 15 (per each) - $118.00 Item 16 (per each) - $ 53.64 Item 17 (per each) - $ 48.00 Item 18 (per each) - $ 71.00 Item 19 (per each) - $ 91.02 Item 20 (per each) - $ 17.50 Item 21 (per each) - $ 45.00 Item 22 (per each deduct) - $ 20.00 Item 23 (per each deduct) - $ 8.00 PUBLIC WORKS/FLEET & BUILDINGS DIVISION: Miscellaneous Repairs to the Edgemoor Swimming Pool Building (130823) Van Asdale Construction Co, Inc. - $24,300.00 Option #1 (lump sum) - $3,870.00 Option #2 (per sq ft)- $ 3.50 VARIOUS DEPARTMENTS/VARIOUS DIVISIONS: Automobiles, Sport Utility Mini-Vans, Cargo Vans, Suburbans & Pickup Trucks. (Various) Quality Chevrolet - Group I (cost per veh) - $11,479.54 (option #1 per veh) $ 301.00 (option #2 per veh) $ 129.00 (option #3 per veh) $ 28.38 (option #4 per veh) $ 202.10 (option #5 per veh) $ 154.80 (option #6 per veh) Standard Rusty Eck Ford, Inc. - Group II (cost per veh) $13,292.00 (option #1 per veh) Included (option #2 per veh) Included (option #4 per veh) $ 49.00 Rusty Eck Ford, Inc. - Group III (cost per veh) $19,828.00 Don Hattan Chevrolet Inc. - Group III (cost per veh) Alternate Bid $17,688.00 Don Hattan Chevrolet Inc.- Group IV (cost per veh) $12,976.00 (option #1 per veh) $ 795.00 (option #2 per veh) $ 34.00 (option #3 per veh) Standard (option #4 per veh) Standard (option #5 per veh) Standard Don Hattan Chevrolet Inc.- Group V (cost per veh) $18,840.00 (option #1 per veh) Standard (option #2 per veh) Standard (option #3 per veh) Standard (option #4 per veh) $ 1,719.00 Don Hattan Chevrolet Inc.- Group VI (cost per veh) $16,640.00 (option # 1 per veh) $ 238.00 (option # 2 per veh) Standard (option # 3 per veh) $ 429.00 (option #4a per veh) $ 39.00 (option #4b per veh) $ 57.00 (option # 5 per veh) $ 158.00 (option # 6 per veh) $ 324.00 (option # 7 per veh) $ 158.00 Don Hattan Chevrolet Inc.- Group VII (cost per veh) $15,551.00 (option # 1 per veh) Standard (option # 2 per veh) $ 335.00 (option # 3 per veh) $ 693.00 Don Hattan Chevrolet Inc.- Group VIII - Item #1 (2 ea) $18,708.00 Don Hattan Chevrolet Inc.- Group IX (cost per veh) $39,000.00 Don Hattan Chevrolet Inc.- Group XI (cost per veh) (item #1) $10,900.00 (option # 1 per veh) $ 894.00 (option # 2 per veh) $ 99.00 (option # 3 per veh) Standard (option # 4 per veh) S 661.00 (option # 6 per veh) $ 180.00 Don Hattan Chevrolet Inc.- Group XI Item #2 (cost per veh) $11,500.00 (option # 1 per veh) $ 894.00 (option # 1 per veh) $ 99.00 (option # 1 per veh) Standard (option # 4 per veh) S 661.00 (option # 6 per veh) $ 180.00 Rusty Eck Ford, Inc. - Group XII (cost per veh) $17,514.00 (option # 1 per veh) Standard (option # 2 per veh) Standard (option # 3 per veh) Standard (option # 5 per veh) Included (option # 6 per veh) Standard Don Hattan Chevrolet Inc.- Group XIII (cost per veh) Item #1 $18,973.00 (option # 1 per veh) Standard (option # 2 per veh) Standard (option # 3 per veh) $ 95.00 (option # 4 per veh) Included (option # 5 per veh) $ 661.00 (option # 6 per veh) Standard Don Hattan Chevrolet Inc.- Group XIII (cost per veh) Item #2 $17,817.00 (option # 2 per veh) Standard (option # 3 per veh) Standard (option # 4 per veh) Standard (option # 6 per veh) $ 661.00 Don Hattan Chevrolet Inc.- Group XIII (cost per veh) Item #3 $20,711.00 (option # 1 per veh) Standard (option # 2 per veh) Standard (option # 3 per veh) Standard (option # 4 per veh) Standard (option # 5 per veh) Standard (option # 6 per veh) $ 2,346.00 (option # 7 per veh) 1,410.00 Don Hattan Chevrolet Inc.- Group XIV (cost per veh) $16,277.00 (option # 1 per veh) $ 661.00 (option # 2 per veh) Standard (option # 3 per veh) Standard (option # 4 per veh) Standard (option # 5 per veh) Included (option # 6 per veh) $ 95.00 Don Hattan Chevrolet Inc.- Group XV (cost perveh) $15,054.00 (option # 1 per veh) $ 332.00 (option # 2 per veh) Standard (option # 3 per veh) Standard (option # 4 per veh) $ 34.00 (option # 5 per veh) $ 279.00 Don Hattan Chevrolet Inc.- Group XVI (cost per veh) $13,398.00 (option # 1 per veh) $ 661.00 (option # 2 per veh) Standard (option # 3 per veh) Standard (option # 4 per veh) Standard (option # 5 per veh) Included (option # 6 per veh) $ 95.00 Don Hattan Chevrolet Inc.- Group XVII (cost per veh) $23,724.00 (option # 1 per veh) Standard (option # 2 per veh) Standard (option # 3 per veh) $ 68.00 (option # 4 per veh) Specified (option # 5 per veh) $ 95.00 (option # 6 per veh) Standard (option # 7 per veh) $ 661.00 Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid, and the necessary signatures be authorized. Motion carried 7 to 0. LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1997 (Consumption on Premises) Clarence O. Wiegand Doghouse Tavern2113 North Broadway Tony M. Gallegos Sim Park Golf Course*2020 West Murdock Julie A. Hungate L.W. Clapp Golf Course*4611 East Harry Francisco L. Rizo Jr. Chico's Restaurant*3949 West Douglas Gary R. Batenhorst Godfather's Pizza, Inc. #17022*2224 North Woodlawn Gary R. Batenhorst Godfather's Pizza, Inc. #17019*2021 North Amidon Rick L. Schroer Playtime Inc. 7001 East Kellogg dba Rose Bowl East* (Consumption off Premises) John R. Leftwich Coastal Mart #91667990 East Central & Rock New Operator 1997 (Consumption on Premises) Doug E. Beckham Lenora's Place*1528 South Washington Angelica M. Concha Angela's Cafe* 1801 South Broadway *General/Restaurant -- 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 7 to 0. PLANS AND SPECS. PLANS AND SPECIFICATIONS. a. Sanitary Sewer to serve the Broadview Hotel (north of Douglas, east of Big Arkansas River). (468-82670/621581/533-269) Traffic to be maintained through construction using flagpersons and barricades. (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., December 12, 1997. Motion carried 7 to 0. b. Nevada Street from the north line of Central to the south line of Elm (west of West Street, north of Central). (472-82724/763664/490- 469) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 5-14-96) (District V) c. University Court to serve University Court Third Addition (north of University, west of Leonine). (472-82737/763847/490-487) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 7-2-96) (District IV) d. Knight from First to Second Streets - Mt. Carmel Gardens Addition (north of First Street, east of West Street). (472- 82772/764035/490-506) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 10-8-96) (District IV) e. Tracy from First to Second Streets to serve Orchard Park and Parkwilde Additions (south of Central, west of West Street). (472- 82774/764043/490-507) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 10-08-97) (District IV) f. Baehr Street from Douglas to First Street North - Parkwilde Addition (west of West Street, north of Douglas). (472- 82771/764050/490-508) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 10-8-96) (District IV) g. Newell from Sheridan to Mt. Carmel (south of Central, east of West Street). (472-82790/764159/490-518) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 01-14- 96) (District IV) h. Water Main in Central Avenue from Greenwich to 127th Street East (east of Greenwich, north of Central). (448-89190/635425/544-642) Traffic to be maintained during construction. (Council approval date 1-14-97) (District n/a) 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., December 19, 1997. Motion carried 7 to 0. Subdivision Plans and Specifications. a. Storm Water Drain #130 to serve Wilson Farms Addition (south of 21st, east of Rock). (468-82739/751024/485138) Does not affect existing traffic. (Council approval date 7-1-97) (District 2) b. Storm Water Drain #131 to serve Wilson Farms Addition (south of 21st, east of Rock). (468-82740/751065/485141) Does not affect existing traffic. (Council approval date 7-1-97) (District 2) c. Storm Water Drain #134 to serve Bradley Fair 3rd Addition (east of Rock Rd, south of 21st Street). (468-82786/751115/485146) Does not affect existing traffic. (Council approval date 11-25-97) (District 2) d. Storm Water Drain #133 to serve Bradford North Addition (west of Tyler, south of 29th Street North). (468-82780/751099/485144) Does not affect existing traffic. (Council approval date 12-16-97) (District 5) e. Lateral 122, Westlink Sewer to serve Bradford North Addition (west of Tyler, south of 29th Street North). (468-82565/743286/480419) Does not affect existing traffic. (Council approval date 10-28-97) (District 5) f. Lateral 128, Westlink Sewer to serve Bradford North 3rd Addition (south of 29th, west of Tyler). (468-82749/743260/480417) Does not affect existing traffic. (Council approval date 7-8-97) (District 5) g. Water Distribution System to serve Bradford North Addition (west of Tyler, south of 29th Street North). (448-88983/734160/470494) Does not affect existing traffic. (Council approval date 10-28-97) (District 5) 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., December 19, 1997. Motion carried 7 to 0. PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. 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) - $939,454.56 b. Storm Water Sewer No. 486 and Detention Pond to serve Maple Dunes Addition (north of Maple, west of 135th West). (468- 82717/751016/485-137) Does not affect existing traffic. (Council approval date 11-18-97) (District V) - $330,000.00 c. Lark Lane and SWS #494 to serve Lark Second Addition (from the south line of Lark Second Addition to the Atchison, Topeka, Santa Fe Railroad). (472-82569/468-82776/763839/751081/490486/485-143) Traffic to be maintained through construction. (Council approval date 3-7-95) (District V) - $421,890.00 d. Paving Lake Ridge /Westlakes from the north line of 29th Street North to the west line of Tee Time; Westlakes/Forest Ridge/Forest Park from the north line of Westlakes to the west line of Lot 1, Block 3; Lake Ridge from the north line of Westlakes to the north line of Lot 23, Block 3; Lake Ridge Courts serving Lots 1 through 8, Block 1, and Lots 9 through 19, Block 1; and a sidewalk on the east and south side of Lake Ridge/Westlakes, from the north line of 29th Street North to the west line of Tee Time and the west and south side of Westlakes/Forest Ridge/Forest Park from the north line of Westlakes to the west line of Lot 1, Block 3, Forest Lakes West Addition (north of 29th Street North, east of Tyler Road). (472-82865/764563/490-559) Does not affect existing traffic. (Council approval date 9-23-97) (District V) - $740,000.00 Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 7 to 0. PETITIONS 100% SANITARY SEWER TO SERVE AN UNPLATTED TRACT NORTH OF 55TH STREET SOUTH, WEST OF MERIDIAN. (District IV) Agenda Report No. 97-1047. The signature on the Petition represents 100% of the improvement district. The project will serve a single-family home that is on a private septic tank system. The Petition totals $12,000. The funding source is Special Assessments. Motion -- Knight moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-97-419 Resolution of findings of advisability and Resolution authorizing construction of Lateral 388, Southwest Interceptor Sewer (north of 55th Street South, west of Meridian) Project Number 468-82790 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. PETITIONS FOR PAVING, SANITARY SEWER AND WATER DISTRIBUTION SYSTEM TO SERVE PART OF NORTHRIDGE LAKES ADDITION (EAST OF TYLER ROAD, SOUTH OF 29TH STREET NORTH). (District V) Agenda Report No. 97-1048. The signature on the Petitions represent 100% of the improvement districts. Northridge Lakes Addition, a new single-family development, was platted in 1995. The developer has submitted new Petitions to reconfigure the area to meet an increased rate of home sales. The Petitions total $580,050. The funding source is Special Assessments. Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-97-420 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89224 (east of Tyler Road, south of 29th Street North) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-97-421 Resolution of findings of advisability and Resolution authorizing construction of Lateral 386, Southwest Interceptor Sewer (east of Tyler Road, south of 29th Street North) Number 468-82782 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-97-422 Resolution of findings of advisability and Resolution authorizing construction of Lateral 387, Southwest Interceptor Sewer (east of tyler Road, south of 29th Street North) Number 468-82783 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-97-423 Resolution of findings of advisability and Resolution authorizing paving Meadow Pass, from the west line of Lot 11, Block 5, to the east line of Lot 13, Block 5; Lake Ridge, from the south line of Lot 18, Block 3, to the south line of Meadow Pass; a sidewalk along the south line of Meadow Pass from the west line of Lot 11, Block 5, to the east line of Lot 13, Block 5, and along the west line of Lake Ridge from the south line of Lot 18, Block 3, to the south line of Meadow Pass, (east of Tyler Road, south of 29th Street North) (Project Number 472-82885) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-424 Resolution of findings of advisability and Resolution authorizing paving Meadow Pass (from the south line of Lot 9, Block 1, to the east line of Lot 10, Block 5); Pepper Ridge (from the north line of Meadow Pass to the north line of Lot 1, Block 5); Meadow Pass Court, serving Lots 9 through 15, Block 1; Meadow Pass Court, serving Lots 9 through 15, Block 1; Meadow Pass Court, serving Lots 23 through 29, Block 4; a sidewalk along the east and south line of Meadow Pass from the south line of Lot 9, Block 1, to the east line of Lot 10, Block 5 (east of RESOLUTION NO. R-97-457 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89223 (east of Tyler Road, south of 29th Street North) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. PETITION TO PAVE SANTA FE FROM 19TH STREET NORTH TO 300 FEET SOUTH OF 19TH STREET NORTH. (District VI) Agenda Report No. 97-1049. The signatures on the Petition represent 100% of the improvement district. Santa Fe is a sand street that provides access to a sheet metal fabrication company. The estimated project cost is $89,000 with $25,000 paid by the City and $64,000 assessed to the improvement district. The City share will pay for the cost of intersection paving. Motion -- Knight moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-97-425 Resolution of findings of advisability and Resolution authorizing paving of Santa Fe (from 19th Street North to 300 feet south of 19th Street North) (Project Number 472-82891) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. BOARDS MINUTES MINUTES OF ADVISORY BOARDS. Wichita Transit Advisory Board, 10-16-97 Wichita Public Library, 10-18-97 Wichita Mid-Continent Airport, 10-20-97 Commission on the Status of People with Disabilities, 10- 29-97 Metropolitan Area Planning Commission, 10-30-97 Board of Code Standards & Appeals, 11-10-97 The Wichita-Sedgwick County Board of Health, 11-13-97 Police & Fire Retirement System, 11-19-97 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 7 to 0. STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. There were no street closures/uses considered. CLAIMS ALLOWED REPORT REPORT ON CLAIMS ALLOWED - OCTOBER, 1997. Name of Claimant Amount Kendel Koehn $ 603.90 Francis Abraham $1,790.20 Glenda R. Austin $ 44.05 Wanda Auernheimer $ 259.97 Jay Carlley, Inc. $ 991.22 Pearl Williams $ 150.00 Truett & Osborn Cycle $ 80.00 Motion -- carried Knight moved that the Report be received and filed. Motion carried 7 to 0. CHENEY RESERVOIR WORKING AGREEMENT FOR CHENEY RESERVOIR WATERSHED. (All Districts) Agenda Report No. 97-1050. Cheney Reservoir is one of Wichita's major sources of water. It provides approximately 50% of Wichita's annual water supply and 60% during peak summer usage periods. In the future, it is expected that Cheney will provide a larger percentage of Wichita's water supply needs. On August 24, 1993, the City Council approved a watershed improvement grant request with the U.S. Environmental Protection Agency. The Council also approved assuming a part of the cost share necessary to allow landowners to implement "best management practices" in the watershed. It has been determined that Cheney Reservoir has at least two significant pollution problems. One is sedimentation that washes into the reservoir from soil erosion. This sedimentation displaces water stored in the reservoir, and is a major factor in determining the "life" of the reservoir. The other problem is the amount of phosphates in the water. Measurements of phosphates in the North Fork of the Ninnescah River and in the reservoir indicate higher levels than desired for a water supply. High phosphate levels can lead to an increase in microscopic plant activity in a lake, which increases taste and odor problems. A Management Plan has been approved for the watershed that identifies "best management practices" that helps reduce the pollution entering the reservoir. The Reno County Conservation District and the Citizens' Management Committee are responsible for implementing the recommendations in the Management Plan. The proposed "Working Agreement for Fertilizer and Sediment Runoff from Cropland; Pasture and Rangeland Mgt; CRP Conversion Mgt. between Reno County Conservation District and Citizens' Management Committee and The City of Wichita" promotes the use of "best management practices" and establishes procedures for payments to producers who implement these practices. It addresses funding the construction of "best management practices", including terraces, grassed waterways, range and pasture seeding, riparian filter strips, and concrete drainage structures. Also included are incentives to use alternate management techniques (nutrient management, conservation tillage, crop rotation, brush control, and planned grazing systems) and incentives to convert land in the Conservation Reserve Program (CRP) to rangeland by installing water systems, fencing, and filterstrips. All of the practices are voluntary, and will probably not be fully utilized in fiscal year 1998. Some of the practices that this Working Agreement is promoting are also eligible for funding from other federal programs. The City will match the 30% or 40% that it not covered by the federal funds. However, there are some practices that are not currently eligible for funding from any other programs. The Citizens Management Committee is recommending the City offer incentive payments to encourage producers to install these practices. These practices include riparian filterstrips, brush control, planned grazing systems, CRP boundary fencing, and CRP filterstrips. The maximum amount that the City could spend in 1998 on incentive payments not matched by other funds is $43,946. An additional $19,264 is needed to match other programs. Therefore, the City's share of the costs for all of the practices covered in this Working Agreement would not exceed $63,210 in 1998. The Capital Improvement Program (CIP #W-500, Cheney Watershed Protection Program) budgeted $200,000 in 1998. These programs are part of the total watershed program that is estimated to cost $3,481,400 over a six-year period that began in 1995. Other sources of funding include the EPA, the State Water Plan, the USDA (WQIP and ACP Special Projects), as well as the City of Wichita. This would diversify the cost of any cleanup projects among numerous funding sources. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. SPECIAL ASSESSMENTS RESPREAD SPECIAL ASSESSMENTS IN SMITHMOOR SEVENTH ADDITION (SOUTH OF HARRY, EAST OF WEBB). (District II) Agenda Report No. 97-1051. The developer, Smith & Company, Inc., platted Smithmoor Seventh 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 7 to 0. SPECIAL ASSESSMENTS RESPREAD SPECIAL ASSESSMENTS IN FOREST LAKES WEST ADDITION (NORTH OF 29TH STREET NORTH, EAST OF TYLER ROAD). (District V) Agenda Report No. 97-1052. The developer, Forest Lakes West, Inc., platted Forest Lakes West 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 7 to 0. MOORINGS NORTH DESIGN SERVICES FOR MOORINGS NORTH ADDITION. (District VI) Agenda Report No. 97-1053. The City Council approved Moorings North Addition plat on October 28, 1997. The Agreement between the City and Poe & Associates of Kansas, Inc. will provide for the design of Lateral 93, Sanitary Sewer No. 23; Water Distribution System No. 448 89211; and paving Bayview Street, Sandkey Street, Sandkey Courts, Harborside Drive, and Bayview Court (west of Meridian, south of 53rd Street North). Because Poe provided subdivision engineering services for this addition, it can expedite construction plan preparation. Payment will be on a lump sum basis of $97,700 and will be paid by Special Assessments. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. LEGAL SERVICES SUPPLEMENTAL AGREEMENT FOR LEGAL SERVICES, HERSHBERGER & PATTERSON. Agenda Report No. 97-1054. The City has retained the law firm of Hershberger, Patterson, Jones & Roth, to provide legal services for the City in connection with ongoing and expected litigation matters and related assignments involving alleged police misconduct and civil rights liability of the City; The original 1996 contract provided for compensation limited to $25,500.00, and it has become necessary to spend additional sums to continue the representation of the City in this matter. This renewal will be the first renewal of the original contract. The additional sum covered by the renewal is $25,500.00 and is necessary to continue to defend the City in the litigation. The charges are reasonable in amount for the legal services involved. Payment will be from the tort claims fund. Motion -- Knight moved that the Agreement renewal be approved and the Mayor be authorized -- carried execute. Motion carried 7 to 0. CONSULTANT ENGINEERING SUPPLEMENTAL AGREEMENT FOR DESIGN SERVICES FOR REPLACEMENT OF WATER MAINS. (Districts I, II, III & VI) Agenda Report No. 97-1055. On January 14, 1997, the City Council approved a program to provide replacement water mains for the old leaking mains in the water distribution system. On April 1, 1997, the City Council entered into an agreement with Professional Engineering Consultants, P.A. (PEC) to design 121,450 feet of water main in Sleepy Hollow, Linwood, Midtown, South Wichita, Schweiter, Evergreen and Northeast Wichita for a fee of $156,920. On September 9, 1997, the City Council approved a supplemental agreement with PEC to design an additional 4,150 feet of water lines in the project areas for a fee of $5,813. PEC's fees through Supplemental Agreement Number 1 total $162,733. Staff has identified 550 feet of 2" galvanized water mains in the Linwood group that need to be replaced. PEC has agreed to add the additional water main replacements to its list. The water mains have been used beyond their design life, are galvanized, and are vulnerable to leaking. Replacement of the 2" mains with 8" and 6" mains provides improved water and fire service to citizens. The Supplemental Agreement increases payment to PEC by $5,100 to $167,833. Water Utility funds are available in the Capital Improvement Program for main replacement (CIP No. W-67) to fund this increase. Motion -- Knight moved that the Supp. Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. CONSULTANT ENGINEER SUPPLEMENTAL AGREEMENT FOR BURNS & MCDONNELL WASTE CONSULTANTS. (District VI) Agenda Report No. 97-1056. On January 23, 1996, the City entered into an agreement for professional consulting services with Burns and McDonnell Waste Consultants, Inc. In the spring of 1997, the City Council approved a supplemental agreement with the Consultant to assist the City in the development of a proposal to Sedgwick County for a new landfill in the northeastern part of the County. The consultant worked with the City to develop the proposal. This work included further site investigations to characterize the site in support of our proposal. At the direction of the City, more detailed work was done on the site than was originally anticipated when the first supplemental agreement was executed. As a result, the cost of the work exceeded the amount in the first supplemental agreement. The first Supplemental Agreement increased the budget for this work by $75,000. The increased site investigations caused the Consultant to expend time and money above this level. Because of the speed with which this work had to be done in order to be included in our proposal, prior approval of these expenditures was not practical. Costs have been limited to actual expenses of their staff's dealing with these site investigations and the actual costs of work billed by sub consultants and suppliers. No overhead and profit or any kind of additional mark up is included in these figures. In addition, the consultant has not included the cost of staff time to complete the balance of the proposal as it was anticipated when the first supplemental agreement was executed. These cost overruns are being born 100% by the Consultant. Motion -- Knight moved that the Supp. Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. SEWER MANHOLES SUPPLEMENTAL AGREEMENT FOR CONSTRUCTION ENGINEERING - RAISING SANITARY SEWER MANHOLES. (Districts IV & V) Agenda Report No. 97-1057. On February 15, 1994, the City Council approved an Agreement with George Butler Associates, Inc. (GBA) to study, make recommendations and prepare specifications for proposed maintenance work and improvements to the sanitary sewer system. The Design Agreement with GBA required GBA to provide construction engineering services if requested by the City. Based on recommendations and specifications from GBA, the City took bids December 5, 1997 for raising 33 manhole lids in the area generally bounded by Maple, Central, Tyler and Hoover. Currently, the manholes are buried and difficult to locate and enter. By raising the manholes, City crews can address maintenance problems more readily by providing greater accessibility. The City's construction and inspection crews' current work load does not allow sufficient staff time to administer this project. Staff recommends approval of the Supplemental Agreement with GBA to provide construction engineering for the project. Payment to GBA for the number of days allowed in the construction contract will not exceed $12,650. Payment to GBA for each additional day inspection services are required ($500 per day) will be made on a per diem basis not to exceed $5,000. The funding source is Sewer Utility (CIP Project S-4), with a budget authority for this project of $77,000. Motion -- Knight moved that the Supp. Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. CONSULTANT CONTRACT SUPPLEMENTAL AGREEMENT FOR PROFESSIONAL SERVICES - MORRIS, LAING, EVANS, BROCK & KENNEDY, CHARTERED. Agenda Report No. 97-1058. In 1994, the Kansas Department of Revenue audited sales and compensating use tax payments by the City's water utility. The City sought expert advice on sales tax issues and strategy to deal with the audit. The City retained the Morris Laing law firm which is experienced in sales tax matters. The Department of Revenue subsequently made assessments against the City and in March of 1996, the City Council approved a supplemental agreement for additional legal services in connection with appeal of the assessments, authorizing the expenditure of $50,000 in addition to the $9,999 amount of the original contract. The City's administrative appeal to the Director of Revenue's Designee necessitated additional legal services, and on July 15, 1997, the Council approved a supplemental agreement for additional services not to exceed $12,000 in cost. After the close of briefing before the Director's Designee, the City learned of a case involving common legal issues which a water district in Johnson County is bringing before the Kansas Court of Appeals. The result in that case will probably establish precedents that will impact the City's own case, and accordingly, it has become necessary to extend the current amount of the contract once again, in order to cover the cost of filing limited arguments in the pending appellate case as a "friend of the court." By the Supplemental Agreement, the City of Wichita will continue to use the services of the Morris Laing law firm to provide legal advice and representation in the pending tax appeal, including the cost of attempting to prevent bad precedent in the Johnson County appeal. The Supplemental Agreement is for a not-to-exceed sum of $6,000 in addition to the aggregate $71,999 established by the original contract and prior supplemental agreement. These services will be paid out of the Water Utility operating budget. Motion -- Knight moved that the Supp. Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. LITIGATION SETTLEMENT SETTLEMENT OF LITIGATION. Agenda Report No. 97-1059. On August 26, 1991, police officers erroneously believing the plaintiff was wanted for commission of a felony crime, arrested the plaintiff and searched his home. He later filed a lawsuit against the officers, alleging that the officers had acted improperly and that he incurred severe emotional distress as a result of the arrest. The plaintiff has offered to accept a lump sum payment of $90,000.00 as full settlement of all his claims against the police officers. Because of the uncertainty and risk that the judgment at trial, plus an award of attorney fees to plaintiff, could exceed this amount, the Law Department recommends acceptance of the offer. The settlement of this suit does not constitute an admission of liability on the part of the City or the officers. Rather, it is merely a settlement to resolve a long disputed claim. Funding for this settlement payment is from the City's general fund appropriated reserve. Motion -- carried Knight moved that the settlement be approved. Motion carried 7 to 0. BUDGET ADJUSTMENT BUDGET ADJUSTMENT TO PAINT WSU WATER TANK. (District I) Agenda Report No. 97-1060. On September 9, 1997, the City Council approved the budget adjustment for payment of painting the water tank located near Wichita State University. For the budget adjustment, funds totaling $24,152.50 were transferred from the chemical accounts sub-object (3305) to the general buildings sub-object (4200). Funds were available from the chemical accounts because of lower than estimated water usage which decreases the amounts of chemicals needed. The total project cost was $209,152.50 to be paid from the 04s, Capital Outlay General Buildings. Finance requires the payment be from Contractuals, and not Capital Outlay. Therefore, a budget adjustment transferring funds from 4200, General Buildings, to 2505, Contractors, is required. Motion -- carried Knight moved that the budget adjustment be approved. Motion carried 7 to 0. CHANGE ORDER CHANGE ORDER - BIOSOLIDS MANAGEMENT FACILITIES. (All Districts) Agenda Report No. 97-1061. 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 #9 is a combination of eight items. The associated costs are as follows. Base Plates/Concrete repairs at Plant #1 $ 988.00 Heat Trace - Class I, Division I $ 8,667.00 Install owner furnished conveyers $ 64,051.00 Digester Corbel Bearing Pads $ 706.00 Check Valves for DAFT Sludge pumps $ 2,943.00 SV's at Plant #1 Sludge Pumps $ 3,434.00 O&M Building Heating $ 23,048.00 Replace Floor Drain at Plant #1 $ 2,294.00 TOTAL $106,131.00 The total of Change Order #9 represents 0.59% 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 3.21% of the original bid of $17.999 million. 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 7 to 0. CHANGE ORDER CHANGE ORDER - 21ST STREET AND MAIZE INTERSECTION IMPROVEMENT. (District V) Agenda Report No. 97-1062. The Capital Improvement Program includes a project to improve the intersection of 21st and Maize (CIP No. MS-6, page 36). Currently under construction, the project is financed by a combination of City funds and special assessments to adjoining commercial developments. During construction, the developer of the old Cranmer grass farm requested that the project scope be expanded to include a left turn lane. The developer agreed to pay the additional expense through special assessments. The Change Order amount is $55,829. The funding source is Special Assessments. Motion -- Knight moved that the Change Order be approved and the Mayor be authorized to -- carried sign. Motion carried 7 to 0. CDBG CONTRACT - YMCA COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONTRACT - YMCA. Agenda Report No. 97-1063. On March 4, 1997, the City Council allocated Community Development Block Grant (CDBG) funds for the 1997/1998 program year. Included was acceptance pursuant to a competitive solicitation of proposals, of the Youth Recreation Alliance proposal for a Youth Recreation and Enrichment program. The Youth Recreation Alliance consists of several organizations including: USD 259; YMCA; City of Wichita Department of Parks and Recreation; Salvation Army; Girl Scouts; and Boy Scouts. The YMCA has agreed to serve as the coordinating agency to administer the Youth Recreation and Enrichment program which is conducted at ten middle school sites and serves youth in grades 6 through 8. Total program funding is approximately $282,000 of which the CDBG funds of $65,000 represent 23 percent. USD #259 provides $100,000, the YMCA provides $87,160, with the remaining $30,000 provided as in-kind donation from companies such as Coca-Cola, Guys Potato Chips and the Nabisco Company. Daily participation at the ten sites is estimated at 800 youth. A contract has been negotiated with the YMCA and signed by its authorized representative. The term of the contract is September 1, 1998 to June 30, 1998. Motion -- Knight moved that the Contract be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. REDUNDANT DISK DRIVES PURCHASE OF HARDWARE FOR REDUNDANT DISK DRIVES. Agenda Report No. 97-1064. The Public Safety computer system supports public safety operations and personnel 24 hours a day, 7 days a week. Agencies supported include Municipal Court and Police with District Court and the Sheriff also accessing the system. Due to recent system modifications to implement "paperless" warrants, loss of data in the Public Safety system has become more critical than ever before. The current disk cluster does not provide disk redundancy without the purchase of additional hardware and software. In addtion, some recent and frequent disk failures have resulted in significant down time and some loss of data (requiring re-keying lost data). New hardware technology provides the capability to simultaneously duplicate data on two disks without requiring the purchase of additional software. In the event one disk fails, special controllers on the system recognize the failure and will allow users to continue working without interruption. If a disk fails in the current environment, the entire Public Safety system becomes unavailable until such time the data can be recovered. Public Safety disks also are currently 2.5GB disk drives which have been discovered to be more susceptible to failure. To support uninterrupted service to all Public Safety users and other critical applications, replacement of the 2.5GB disk drives with newer and more reliable 4.3GB DEC drives, redundant disk drives and controllers will be required. The costs to purchase the hardware, maintenance, and installation from Celeritas Technologies will be $220,521. Funds are available in the Data Center Equipment Replacement reserve. Purchasing ordinance 38.122(g) covers high technology purchases whereby purchases are negotiated by the Purchasing Manager with ratification and approval by City Council. Motion -- Knight moved that the necessary transfer of funds from Data Equipment Reserves and purchase of hardware from Celeritas Technologies be approved. Motion carried -- carried 7 to 0. COMMUNICATIONS EQUIP. PURCHASE COMMUNICATIONS EQUIPMENT FOR WATER DEPARTMENT. Agenda Report No. 97-1065. As part of a safety initiative, the Water Department requested 6 radios and 2 charging bases for $11,534. The Sewer Maintenance Division has requested 4 radios and one single charger. The new radios would allow crews to share the radios and the work to be done in a safer manner. The equipment must be compatible to the 800 MHZ trunked communications system operated by Sedgwick County, Department of Emergency Communications. To be completely compatible, the equipment is available only from Motorola Communications and Equipment. The Equipment will cost $11,534 and funds are available in the 1997 budget. Motion -- Knight moved that the purchase, under the sole source of supply, be approved. -- carried Motion carried 7 to 0. PSYCHOLOGICAL SERVICES PSYCHOLOGICAL SERVICES - WICHITA POLICE DEPARTMENT Agenda Report No. 97-1066. The Wichita Police Department has a need to provide psychological services for its employees. These services include pre-employment testing and analysis as well as counseling and training. We have identified several potential vendors and four of those responded to the Request for Proposal. An outside vendor is necessary as the Wichita Police Department has no in-house experts specifically dealing with these services. All proposals were evaluated by a review committee and Counseling and Mediation Center, Inc. was the most qualified and prepared to provide the services. They have multifaceted experience in testing and assessing as well as counseling and training. Conseling and Mediation Center, Inc.'s bid was $315 for testing, $90 for reporting, $90 an hour for counseling, and $80 an hour for training. The funding will come from unused salaries for pre-employment testing costs and is budgeted for in the Wichita Police Department's budget for the counseling and training costs. Motion -- Knight moved that contract with Counseling and Mediation Center, Inc., be -- carried approved and the Mayor be authorized to sign. Motion carried 7 to 0. AERATION BASINS AGREEMENT AMENDMENT #1 - AERATION BASINS IMPROVEMENT. (All Districts) Agenda Report No. 97-1067. On March 18, 1997, the City Council approved an engineering services contract with Brown & Caldwell for an aerations system retrofit at Sewage Treatment Plant #2. The engineering scope of services was to evaluate replacement systems, consider capital cost, maintenance, energy consumption and evaluate the entire treatment process. The evaluation was to determine if there were opportunities during the retrofit process that would enhance treatment and/or reduce costs. During the evaluation, it was determined that an additional five million gallons per day of treatment capacity could be obtained by building baffle walls in the existing aeration basins. In order to design these walls and prepare plans and specifications, it is necessary to perform a limited amount of geotechnical work. On November 18, 1997, the City Council approved the Capital Improvement Program (CIP #S-507, Aeration System Retrofit) for $1.8 million. The estimated cost of the baffle wall construction is $450,000. The cost of this geotechnical work is $1,694. Motion -- Knight moved that the Agreement Amendment be approved and the Mayor be authorized -- carried to sign. Motion carried 7 to 0. LANDFILL GAS AGREEMENT AMENDMENT #2 - LANDFILL GAS RIGHTS AGREEMENT. (District VI) Agenda Report No. 97-1068. On December 12, 1995, the City Council approved an agreement for the development of the landfill gas at the Brooks Landfill. The developer, Wichita Gas Producers, LLC (formerly Brooks Landfill Gas, LLC) has entered into a contract with High Plains Corporation for use of the landfill gas at their ethanol plant near Colwich. The second amendment to the agreement will extend certain deadline dates to be consistent with the extension of deadline dates in the federal tax benefits associated with this type of project. The financial terms of the original agreement remain the same. The City will receive a royalty payment of up to $50,000 per year for the next 20 years. This amount may be reduced by the expense associated with disposal of leachate produced by the landfill gas recovery project. Motion -- Knight moved that the Agreement Amendment be approved and the Mayor be authorized -- carried to sign. Motion carried 7 to 0. SLUDGE TREATMENT AGREEMENT AMENDMENT #13 - SLUDGE TREATMENT AND MANAGEMENT PLAN. (All Districts) Agenda Report No. 97-1069. In 1993, the City Council approved the Sludge Treatment and Management Plan which outlined recommendations to achieve compliance with United States Environmental Protection Agency (USEPA) regulations governing the use, treatment and disposal of municipal wastewater sludges (40 CFR, Part 503). Sewage Treatment Plant #1 facility was completed in 1981. Because the equipment repair components are no longer available, the equipment needs to be replaced. Amendment #13 will provide for engineering services to upgrade the Plant #1 Lift Station electrical motors, variable frequency drives (VFD), motor control centers (MCC), power distribution system components and HVAC system components. Brown & Caldwell is the engineering consultant for the Biosolids Treatment and Management Plan and is familiar with the system. The Capital Improvement Program (CIP #S-510, Plant #1 VFD/MCC Replacement) has a total budget of $750,000. The total cost of Amendment #13 is a not to exceed cost of $54,000 and will be paid from Sewer Utility cash reserves and/or a future bond issue. Failure to upgrade/replace this equipment would result in the City of Wichita bypassing untreated wastewater to the Arkansas River and violating the National Pollutant Discharge Elimination System (NPDES) permit. Failure to comply would result in civil and/or criminal penalties. Motion -- Knight moved that the Agreement Amendment be approved and the Mayor be authorized -- carried to sign. Motion carried 7 to 0. PROPERTY DISPOSITION DEMOLITION OF PROPERTY LOCATED AT 409 SOUTH MAIN. (District VI) Agenda Report No. 97-1070. The property at 409 South Main, Lots 79 and 81 on Main Street, Sutton's Reserve in Greiffenstein's Third Addition, was purchase January 2, 1997, for $210,000 for the East Bank Development Project. The site is improved with a one-story, 2,905 square foot office building. The structure north of the property was demolished during the improvement of Waterman. The property has been vacant since 1994 and needs repairs to the roof and utility systems before it could be occupied. The removal of the building would open up the view of the new Hyatt Regency from Main Street and allow additional area for landscaping. A budget of $22,000 was requested and includes $1,000 for environmental testing, $20,000 for demolition and abatement, and $1,000 for landscaping. Funding is provided in the 1996 CIP Item number CA-9204, Land Acquisition and Demolition. Motion -- Knight moved that the budget be approved; the Resolution be adopted; and the -- carried Mayor be authorized to sign any necessary documents. Motion carried 7 to 0. RESOLUTION NO. R-97-426 A Resolution authorizing the issuance of bonds by the City of Wichita at large for demolition of property for the East Bank Project, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. MORTGAGE REVENUE BONDS APPROVE AND CONSENT TO THE PROPOSED ASSIGNMENT AND AMENDMENT OF THE INVESTMENT AGREEMENT EXECUTED IN CONNECTION WITH THE CITY OF WICHITA SINGLE FAMILY MORTGAGE REVENUE REFUNDING BONDS, SERIES 1993A, CHANGING THE DEPOSITORY FROM SVENSKA HANDELSBANKEN TO AIG MATCHED FUNDING CORP. Agenda Report No. 97-1071. In 1984 the City issued its Single Family Mortgage Revenue Bonds, Series 1984A, in the aggregate principal amount of $25,000,000, and designated Mercantile Bank of St. Louis ("Mercantile") as the original Trustee under the Trust Indenture securing such Bonds. Earlier this year, Mercantile indicated its intention to resign as Trustee, thereby necessitating appointment of a successor Trustee pursuant to the terms of the Trust Indenture. Because the performance of the Trust Indenture and the contract of the Series 1984A Bonds requires some qualified entity to occupy the position and perform the functions of Trustee, appointment of a successor pursuant to the terms of the Trust Indenture is necessary. State Street Bank and Trust Company of Missouri, N.A., has indicated its willingness to perform as successor Trustee under the Trust Indenture, and the City has been provided with documentation showing the requisite notice to Participant lenders and the requisite consent by the Municipal Bond Insurance Association, as required by the Trust Indenture for appointment of a successor Trustee. The preliminary draft indenture which is in the City's possession suggests that Trustee fees are payable from funds available in the Program Expense Fund. Source and manner of payment of Trustee fees should be unaffected by the change in Trustees. Motion -- Knight moved that the Resolution be adopted and the Mayor be authorized to sign -- carried the necessary documents. Motion carried 7 to 0. RESOLUTION NO. R-97-427 A Resolution authorizing the City of Wichita, Kansas, to approve and consent to the proposed assignment and amendment of the investment agreement executed in connection with City of Wichita Single Family Mortgage Revenue Refunding Bonds, Series 1993A, changing the depository from Svenska Handelsbanken to AIG Matched Funding Corp., presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. MORTGAGE REVENUE BONDS AUTHORIZING TRANSFER OF TRUSTEESHIP FOR CITY OF WICHITA SINGLE FAMILY MORTGAGE REVENUE BONDS, SERIES 1984A, FROM MERCANTILE BANK OF ST. LOUIS TO STATE STREET BANK & TRUST COMPANY OF MISSOURI, N.A., AND APPROVAL OF RESIGNATION AND APPOINTMENT AGREEMENT. Agenda Report No. 97-1072. In 1984 the City issued its Single Family Mortgage Revenue Bonds, Series 1984A, in the aggregate principal amount of $25,000,000, and designated Mercantile Bank of St. Louis ("Mercantile") as the original Trustee under the Trust Indenture securing such Bonds. Earlier this year, Mercantile indicated its intention to resign as Trustee, thereby necessitating appointment of a successor Trustee pursuant to the terms of the Trust Indenture. Because the performance of the Trust Indenture and the contract of the Series 1984A Bonds requires some qualified entity to occupy the position and perform the functions of Trustee, appointment of a successor pursuant to the terms of the Trust Indenture is necessary. State Street Bank and Trust Company of Missouri, N.A., has indicated its willingness to perform as successor Trustee under the Trust Indenture, and the City has been provided with documentation showing the requisite notice to Participant lenders and the requisite consent by the Municipal Bond Insurance Association, as required by the Trust Indenture for appointment of a successor Trustee. The preliminary draft indenture which is in the City's possession suggests that Trustee fees are payable from funds available in the Program Expense Fund. Source and manner of payment of Trustee fees should be unaffected by the change in Trustees. Motion -- Knight moved that the Resolution be adopted and the Mayor be authorized to sign -- carried the necessary documents. Motion carried 7 to 0. RESOLUTION NO. R-97-428 A Resolution authorizing the City of Wichita, Kansas, to approve transfer of trusteeship for City of Wichita Single Family Mortgage Revenue Bonds, Series 1984A, from Mercantile Bank of St. Louis to State Street Bank and Trust Company of Missouri, N.A., and further authorizing the execution and delivery of a certain resignation and appointment agreement in connection therewith, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. IRB TRUSTEE CHANGE CHANGE OF TRUSTEE BANK FOR IRB ISSUES - LEARJET, INC. Agenda Report No. 97-1073. Bank IV Wichita has served as Trustee for Learjet, Inc., but has gone through several changes and has been finally acquired by NationsBank which has sold its corporate trust business. In an effort to keep their trustee bank local, Learjet, Inc., asked the City to approve a change of trustee bank from NationsBank to Intrust Bank. Motion -- Knight moved that the Resolution removing NationsBank as Trustee and appointing -- carried Intrust Bank as successor trustee be adopted. Motion carried 7 to 0. RESOLUTION NO. R-97-429 A Resolution of the Governing Body of the City of Wichita, Kansas, acknowledging the removal of Nationsbank N.A. (Mid-west), successor by merger to Bank IV N.A., as trustee under a certain trust indenture entered into as of December 18, 1996, between the City and said Bank as trustee, and appointing Intrust Bank N.A., Wichita, Kansas, as successor trustee, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. AIRPORT PROJECTS WICHITA AIRPORT AUTHORITY CAPITAL PROJECTS. a. Repave and Add Sidewalks, Midfield Road. Agenda Report No. 97-1074. The project to Repave & Add Sidewalks - Midfield Road (A- 48) represent improvements that will be made to Mid-Continent Airport subject to further action and approval by the Authority. The project was initiated by the Authority on November 17, 1997, and has been included in a Capital Improvement Program submitted to the City of Wichita. The maximum permanent financing term for this project is ten years. This action approves only the intent to use City of Wichita bonding authority in the future and does not specifically authorize the issuance of debt nor does it preclude the use of any substitute funding source. The estimated maximum debt to be incurred, based on the best present information, is $95,000. Motion -- carried Knight moved that the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-97-430 A Resolution declaring that a public necessity exists for, and that the public safety, service, and welfare will be advanced by, the making of certain capital improvements to the Wichita Municipal Airport facility operated by the Wichita Airport Authority of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. b. Site Preparation and Utility Extensions - 1998. Agenda Report No. 97-1075. The Site Preparation & Utility Extensions - 1998 (J-9) represents improvements that will be made to Colonel James Jabara Airport subject to further action and approval by the Authority. This project was initiated by the Authority on November 17, 1997, and has been included in a Capital Improvement Program submitted to the City of Wichita. The maximum permanent financing term for this project is fifteen years. This action approves only the intent to use City of Wichita bonding authority in the future and does not specifically authorize the issuance of debt nor does it preclude the use of any substitute funding source. The estimated maximum debt to be incurred, based on the best present information, is $20,000. Motion -- carried Knight moved that the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-97-431 A Resolution declaring that a public necessity exists for, and that the public safety, service, and welfare will be advanced by, the making of certain capital improvements to the Col. James Jabara Airport facility operated by the Wichita Airport Authority of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. c. Modify Sloped Floor to Security Check Point. Agenda Report No. 97-1076. The Modify Sloped Floor to Security Check Point (A-71) project represents improvements that will be made to Mid-Continent Airport subject to further action and approval by the Authority. The maximum permanent financing term for this project is fifteen years. A request to use Passenger Facility Charge (PFC) collections to ultimately fund the eligible costs of this project has been submitted to the Federal Aviation Administration, however, interim temporary financing will be needed. A rate structure exists that provides for partial cost recovery of non- PFC eligible amounts over the financing term. This action approves only the intent to use City of Wichita bonding authority in the future and does not specifically authorize the issuance of debt nor does it preclude the use of any substitute funding source. The estimated maximum debt to be incurred, based on the best present information, is $100,000. Motion -- carried Knight moved that the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-97-432 A Resolution declaring that a public necessity exists for, and that the public safety, service, and welfare will be advanced by, the making of certain capital improvements to the Wichita Municipal Airport facility operated by the Wichita Airport Authority of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. d. Upgrade FIDS to Include Visual Paging. Agenda Report No. 97-1077. The Upgrade FIDS to Include Visual Paging (A-70) project represents improvements that will be made to Mid-Continent Airport subject to further action and approval by the Authority. The project was initiated by the Authority on November 17, 1997, and has been included in a Capital Improvement Program submitted to the City of Wichita. The maximum permanent financing term for this project would be ten years. A request to use Passenger Facility Charge (PFC) collections to ultimately fund the eligible costs of this project has been submitted to the Federal Aviation Administration, however, interim temporary financing will be needed. A rate structure exists that provides for partial cost recovery of non-PFC eligible amounts over the financing term. This action approves only the intent to use City of Wichita bonding authority in the future and does not specifically authorize the issuance of debt nor does it preclude the use of any substitute funding source. The estimated maximum debt to be incurred, based on the best present information, is $275,000. Motion -- carried Knight moved that the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-97-433 A Resolution declaring that a public necessity exists for, and that the public safety, service, and welfare will be advanced by, the making of certain capital improvements to the Wichita Municipal Airport facility operated by the Wichita Airport Authority of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. e. Terminal Building Visual Fire Alarm Display System. Agenda Report No. 97-1078. The Terminal Building Visual Fire Alarm Display System (A-69) project represents improvements that will be made to Mid-Continent Airport subject to further action and approval by the Authority. This project was initiated by the Authority on November 17, 1997. The project has been included in a Capital Improvement Program submitted to the City of Wichita. The maximum permanent financing term for this project would be ten years. A request to use Passenger Facility Charge (PFC) collections to ultimately fund the eligible costs of this project has been submitted to the Federal Aviation Administration, however, interim temporary financing will be needed. A rate structure exists that provides for partial cost recovery of non- PFC eligible amounts over the financing term. This action approves only the intent to use City of Wichita bonding authority in the future and does not specifically authorize the issuance of debt nor does it preclude the use of any substitute funding source. The estimated maximum debt to be incurred, based on the best present information, is $150,000. Motion -- carried Knight moved that the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-97-434 A Resolution declaring that a public necessity exists for, and that the public safety, service, and welfare will be advanced by, the making of certain capital improvements to the Wichita Municipal Airport facility operated by the Wichita Airport Authority of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. f. Utility Extension and Modifications - 1998. Agenda Report No. 97-1079. The Utility Extension & Modifications - 1998 (A-18) project represents improvements that will be made to Mid-Continent Airport subject to further action and approval by the Authority. This project was initiated by the Authority on November 17, 1997, and has been included in a Capital Improvement Program of the City of Wichita. The maximum permanent financing term for this project would be 15 years. A rate structure exists that provides for partial cost recovery of this project over the financing term. This action approves only the intent to use City of Wichita bonding authority in the future and does not specifically authorize the issuance of debt nor does it preclude the use of any substitute funding source. The estimated maximum debt to be incurred, based on the best present information, is $100,000. Motion -- carried Knight moved that the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-97-435 A Resolution declaring that a public necessity exists for, and that the public safety, service, and welfare will be advanced by, the making of certain capital improvements to the Wichita Municipal Airport facility operated by the Wichita Airport Authority of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. g. Terminal Building Improvements - 1998. Agenda Report No. 97-1080. The Terminal Building Improvements - 1998 (A-41) project represents improvements that will be made to Mid-Continent Airport subject to further action and approval by the Authority. This project was initiated by the Authority on November 17, 1997, and has been included in a Capital Improvement Program of the City of Wichita. The maximum permanent financing term for this project would be 15 years. A rate structure exists that provides for partial cost recovery of this project over the financing term. This action approves only the intent to use City of Wichita bonding authority in the future and does not specifically authorize the issuance of debt nor does it preclude the use of any substitute funding source. The estimated maximum debt to be incurred, based on the best present information, is $100,000. Motion -- carried Knight moved that the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-97-436 A Resolution declaring that a public necessity exists for, and that the public safety, service, and welfare will be advanced by, the making of certain capital improvements to the Wichita Municipal Airport facility operated by the Wichita Airport Authority of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. h. Computer Network Upgrade. Agenda Report No. 97-1081. The Computer Network Upgrade (A-35) project represents improvements that will be made to Mid-Continent Airport subject to further action and approval by the Authority. This project was initiated by the Authority on November 17, 1997, and has been included in a Capital Improvement Program submitted to the City of Wichita. The maximum permanent financing term for this project would be three years and therefore is expected to be met by the multiple roll- over of one year temporary notes. A request to use Passenger Facility Charge (PFC) collections to fund the eligible costs of this project has been submitted to the Federal Aviation Administration. This action approves only the intent to use City of Wichita bonding authority in the future and does not specifically authorize the issuance of debt nor does it preclude the use of any substitute funding source. The estimated maximum debt to be incurred, based on the best present information, is $595,000. Motion -- carried Knight moved that the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-97-437 A Resolution declaring that a public necessity exists for, and that the public safety, service, and welfare will be advanced by, the making of certain capital improvements to the Wichita Municipal Airport facility operated by the Wichita Airport Authority of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. i. FAA Building - FSDO/ACO Expansion. Agenda Report No. 97-1082. The FAA Building - FSDO/ACO Expansion (A-17) project represents improvements that will be made to Mid-Continent Airport subject to further action and approval by the Authority. This project was initiated by the Authority on November 17, 1997, and has been included in a Capital Improvement Program submitted to the City of Wichita. The maximum permanent financing term for this project would be 15 years. The project anticipates partial up-front funding from the tenant with a lease arrangement that provides for specific cost recover on this project. This action approves only the intent to use City of Wichita bonding authority in the future and does not specifically authorize the issuance of debt nor does it preclude the use of any substitute funding source. The estimated maximum debt to be incurred, based on the best present information, is $120,000. Motion -- carried Knight moved that the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-97-438 A Resolution declaring that a public necessity exists for, and that the public safety, service, and welfare will be advanced by, the making of certain capital improvements to the Wichita Municipal Airport facility operated by the Wichita Airport Authority of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. j. Taxiway E Reconstruction. Agenda Report No. 97-1083. The Taxiway E Reconstruction (A-29) project represents improvements that will be made to Mid-Continent Airport subject to further action and approval by the Authority. The cost estimate for the original scope of this project was initiated by the Authority on May 6, 1996 and amended on October 7, 1996. The original cost estimate was initiated by the City Council on May 14, 1996, and amended on October 15, 1996. The initiation was increased by the Authority on November 17, 1997, to reflect the current cost estimate. The project utilizes funding from the Federal Aviation Administration and from Passenger Facility Charges. The project has been included in a Capital Improvement Program of the City of Wichita. The previously initiated amount is being increased to expand the original scope of the project and to reflect updated cost estimates. The maximum permanent financing term for this project would be 15 years. A request to use Passenger Facility Charge (PFC) collections to ultimately fund the eligible costs of this project has been submitted to the Federal Aviation Administration, however, interim temporary financing will be needed. A rate structure exists that provides for specific cost recovery of non-PFC eligible amounts over the financing term. This action approves only the intent to use City of Wichita bonding authority in the future and does not specifically authorize the issuance of debt nor does it preclude the use of any substitute funding source. The estimated maximum debt to be incurred, based on the best present information, is $1,120,270 (an increase of $940,270). Motion -- carried Knight moved that the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-97-439 A Resolution declaring that a public necessity exists for, and that the public safety, service, and welfare will be advanced by, the making of certain capital improvements to the Wichita Municipal Airport facility operated by the Wichita Airport Authority of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. k. High Voltage Cable Replacement. Agenda Report No. 97-1084. The High Voltage Cable Replacement (A-30) project represents a three-phase improvement that will be made to Mid-Continent Airport subject to further action and approval by the Authority. Phase I of this project was initiated by the Authority on January 6, 1997, and amended on May 19, 1997. Phase I was initiated by the City Council on January 14, 1997, and amended on June 3, 1997. The initiation was increased by the Authority on November 17, 1997, to include Phase II. The project has been included in a Capital Improvement Program submitted to the City of Wichita. The previously initiated amount is being increased to include Phase II of this project. The maximum permanent financing term for this project would be 15 years. A request to use Passenger Facility Charge (PFC) collections to fund the eligible costs of this project has been submitted to the Federal Aviation Administration. A rate structure exists that provides for partial cost recovery of non-PFC eligible amounts over the financing term. This action approves only the intent to use City of Wichita bonding authority in the future and does not specifically authorize the issuance of debt nor does it preclude the use of any substitute funding source. The estimated maximum debt to be incurred, based on the best present information, is $312,000 (an increase of $117,000). Motion -- carried Knight moved that the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-97-440 A Resolution declaring that a public necessity exists for, and that the public safety, service, and welfare will be advanced by, the making of certain capital improvements to the Wichita Municipal Airport facility operated by the Wichita Airport Authority of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. l. Terminal Concourse Remodel. Agenda Report No. 97-1085. The Terminal Concourse Remodel (A-34) project and represents improvements that will be made to Mid-Continent Airport subject t