MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, March 28, 1995 Tuesday, 9:12 A.M. The City Council met in regular session with Mayor Broadfoot in the Chair. Council Members Cather, Cole, Kamen, Rogers; present. Council Members *Ferris, Reeser; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Patricia L. Burnett, Deputy City Clerk; present. 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 March 21, 1995, were -- approved approved 5 to 0. (Ferris, Reeser; absent) AWARDS AND PRESENTATIONS VISITOR RECOGNITION Emerson Open Magnet School's Penpals from Voronezh, Russia, were recognized. PROCLAMATIONS Proclamations previously approved were presented. UNFINISHED BUSINESS NORTHEAST LIBRARY SITE DESIGNATION FOR NORTHEAST LIBRARY. Deferred from March 7, 1995. This Item was removed from the Agenda. WDS ALONG KESSLER WATER DISTRIBUTION SYSTEM ALONG KESSLER BETWEEN DOUGLAS AND FIRST STREET. Chris Cherches City Manager reviewed the Item. On March 21, 1995, the City Council deferred this Item one week and directed Staff to contact the property owners in the assessment area and ascertain whether each is for or against the project. The area around Kessler was developed residentially in the 1950s. The homes are on private water wells. The estimated project cost is $36,000, with $32,100 assessed to the improvement district and $3,900 paid by Water Utility. The estimated rate of assessment is $00.25 per square foot of ownership. The utility share is for the cost of extending the proposed line to connect it with existing lines at each end. Jack Brown Director of Environmental Health said it would take approximately 30 days to get results on organics tests; and that there was no record of contamination in the area. Most of the wells, except for some in the 800 to 900 block of Kessler, are used for irrigation purposes. Mayor Broadfoot Mayor Broadfoot said the cost of testing, in this instance, should probably be borne by the City. Mike Lindebak City Engineer stated that everyone was provided mailed notices and given opportunity to respond. Letters could be re-sent to those who did not respond. Motion -- Broadfoot moved that a second attempt to contact the remaining property owners, ascertaining support or opposition to the project, be made; and depending on the results, the Council will decide whether or not to move forward with other testing of no more than three wells. Subst. Motion -- Ferris moved a substitute motion that the project be approved. Council Member Kamen Council Member Kamen asked that the substitute motion be changed to ask Staff to make one more attempt to receive a response from the four property owners who have not expressed whether or not the project is wanted; and if there is no response, the project would proceed. Amendment -- Ferris, with consent of the second, amended the motion to approve the project after one more attempt to contact the four property owners is made; if 50 percent of the respondents are in favor of the project, the project would go forward, if not the project would be returned to the Council for consideration. Substitute -- carried motion, as amended, carried 6 to 0. (Reeser absent) RESOLUTION NO. R-95-155 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-88910 (along Kessler, between Douglas and First Street) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Ferris moved that the Resolution be adopted. Motion carried 6 to 0. (Reeser absent) Yeas: Cather, Cole, Ferris, Kamen, Rogers, Broadfoot. PAVING ASSESSMENTS PUBLIC HEARING ON PROPOSED ASSESSMENTS FOR PAVING PROJECTS. Paving projects (472-82369/761999/490-302 and 472-82382/762112/490-314) were deferred from March 21, 1995. Mike Lindebak City Engineer reviewed the Items. 472-82369/761999/490-302 There will be a task force assigned to look at the Assessment Deferral Program and any policy resulting could be applied to past projects. Gary Rebenstorf Director of Law confirmed that, if a policy change is made, an exception could be made for the person who wanted, but was not eligible for, a deferral. Motion -- Broadfoot moved that the hearing be closed; the project be approved; and the -- carried Ordinance be placed on first reading. Motion carried 6 to 0. (Reeser absent) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of Improving of St. Louis from the east line of McComas South to the west line of Sheridan, (south of Central, east of West Street), 472- 82369/761999/490-302, introduced and under the rules laid over. 472-82382/762112/490-314 Mike Lindebak City Engineer said the assessments on this project were correct. And, survey work will be done, after a heavy rain, to find problems and work on solutions. Motion -- Broadfoot moved that the hearing be closed; the project be approved; and the -- carried Ordinance be placed on first reading. Motion carried 6 to 0. (Reeser absent) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of 9th Street from the east line of Hoover to the west line of Lot 1, Block A, West Forest Third Addition and that sidewalk be constructed on both sides of 9th Street from the east line of Hoover Street to the west line of Lot 1, Block A, East Forest Third Addition (north of Central, east of Hoover), 472- 82382/762112/ 490-314, introduced and under the rules laid over. NEW BUSINESS SPECIAL ASSESSMENTS PUBLIC HEARING ON SPECIAL ASSESSMENTS FOR A LOT LOCATED AT 25TH AND LORRAINE. Chris Cherches City Manager reviewed the Item. Agenda Report No. 95-241. In 1991, a lot located at the corner of 25th and Lorraine (legal description: W 150 Ft., lot 2 Block 1, E.A. Fishers) was assessed $825.22 for lot clean-up by the Wichita- Sedgwick County Department of Community Health. The owner did not pay, nor contest this charge. This assessment appeared on the 1991 tax bills for this property. Since the violation occurred over two years ago, complete documentation (details of the assessment charges were not available). In 1993, this same property was again assessed $98.75 for lot mowing. The owner did not pay, nor contest this charge. This billing appeared on the 1994 ad valorem taxes for this property. Since the violation occurred within the two year time period, complete documentation (including pictures, work orders, etc.) is still available. Ms. Velma Handcox is the owner of the lot located at 25th and Lorraine (W 150 Ft., lot 2 Block 1, E.A. Fishers). Ms. Handcox contends that while she was married, she was never aware of any notices from the Health Department regarding code violations, nor was she aware of any special assessment levied for the nuisance abatement. [The owner had failed to update the mailing address for the lot with the County, therefore, the mailing (tax billings) may not have been received.] Ms. Handcox, as the property owner, is legally responsible for the special assessments. In addition, taxes on this property have not been paid since 1989. Ms. Handcox does not believe these nuisance violations or the assessments are accurate and is asking for the City Council to forgive/waive the 1991 and l994 assessments. Before a property owner is assessed for a nuisance abatement, certain steps are required by State Statue and City policy. The steps include: 1)* The Wichita-Sedgwick County Department of Community Health sends a letter first class to the owner informing the owner of the nuisance violation. The owner has 10 days to correct the problem or to ask for a hearing. 2) If there is not a response, a certified letter is sent with the same stipulations. 3)* If the certified letter is not signed for by the owner, a notice is published in the official City newspaper with the same stipulations. 4) If the nuisance is still not corrected, the Health Department will correct the nuisance violation, and send the charge, legal description of the lot, and proper paperwork to the City's Special Assessment Office, in the Finance Department. 5) The Special Assessment Office sends a restricted letter notifying the owner of the special assessment and gives the owner 30 days to make restitution. 6) All delinquent special assessments are printed in the newspaper, before being certified to the County to be included as a part of the annual ad valorem tax notices. 7) The City's policy is to keep documentation on all public health nuisance violation cases for two years. (*Steps 1 and 3 are not required for lot mowing. Only a certified letter is sent.) The total amount of special assessments due for the 1991 Lot Clean-up is $825.22, plus interest; the amount of special assessments due for the 1994 Lot Mowing is $98.75. The total special assessment for nuisance abatements charged to this property total 923.97. The corrective (compliance actions) were paid by the City and levied according to law against the property. The City Council has the authority to abate the nuisance special assessments. The abatement assessments are legally correct and the property procedures were followed in the levying of the charges for abatements. Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard. Mrs. Handcox Mrs. Handcox said no clean-up was done on the property and there was never a building on the property. No work order was found. There has never been rubbish on the property. Now there is a buyer for the property and it is not fair to have to pay the assessment. Mrs. Handcox has tried to pay a portion of the taxes but Sedgwick County will not accept a partial payment. Mrs. Handcox said there might have been one or two times the City mowed the lawn but she paid to have the lawn mowed regularly. Chris Cherches City Manager reviewed the City's process in this type of assessment. Council Member Cole Council Member Cole said much property in this area is owned by owners who live elsewhere. The process is properly carried out by the City but because the owner failed to update address information with Sedgwick County, the responsibility of the property owner, the notification process fails. If this assessment is waived because of ignorance on the part of the property owner, the City will establish a precedent which will be harmful to properties in the district. District VI has a major number of properties which are vacant and left for the City to care for. Council Member Rogers Council Member Rogers said he agreed with Council Member Cole but there were extenuating circumstances. There has never been a building on the property. Sometimes when divorce occurs, a woman is not aware of circumstances with regard to property the spouse has taken care of in the past. Council Member Cole Council Member Cole responded that there is nothing in the agenda report with regard to a building. The charges are for lot clean-up and mowing. Council Member Ferris Council Member Ferris added that $825 is not an extraordinary cost for lot clean-up. Motion -- Rogers moved that the assessments on the property be waived due to extenuating -- failed circumstances. Motion failed 6 to 2. Cather, Cole, Ferris, Kamen - No. (Reeser absent) BUS ADVERTISING SPACE PROPOSAL TO SELL WHOLE BUS ADVERTISING SPACE. Michael Melaniphy Michael Melaniphy, MTA General Manager reviewed the Item. Agenda Report No. 95-242. The sale of whole bus advertising space is a popular and successful practice used by mass transit systems throughout the country to generate operating revenues. It involves selling advertising space that may cover the entire exterior of transit buses. MTA proposes to implement such a program to generate much needed revenues. Similar to other cities, the advertising space would be sold to advertisers for approximately $700-$800 monthly for a term of six or twelve months. Additionally, the advertisers would pay an up-front fee in the range of $5000-$6000, depending on bus type. This fee would cover the cost of painting, production of the ad and restoration of the bus to its fleet condition upon termination of the advertising contract. MTA's proposal has been approved by the Metropolitan Transit Authority Board and the Public Art Advisory Board (PAAB). Further, it's stipulated that ads must meet PAAB's approval for "good taste" and aesthetics prior to installing the ads on the buses. The sale of whole bus advertising would enhance MTA's ability to generate additional revenues and simultaneously improve the overall appearance of the bus fleet. Currently, MTA has sixteen (16) buses in dire need of painting, with no funding available for the project. MTA's goal is to sell a minimum of ten (10) whole bus ads on an annual basis which has the potential of generating $90,000 in gross revenues annually. MTA's current ad space for both bus and bus benches is handled under existing contract with an independent agency. Council Member Kamen Council Member Kamen said he hoped, when the paint is restored on the buses, the current paint scheme is not used as there is not enough space for advertising. Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the proposal be approved with the requirement that the Public Art Advisory Board review and approve the ads as submitted. Council Member Ferris Council Member Ferris objected to the Public Are Advisory Board review. The City should not interject the Board into a business advertising project. Subst. Motion -- Ferris moved a substitute motion that the proposal be approved. Council Member Cole Council Member Cole said the MTA was not against a Public Art Advisory Board review. Amendment -- Ferris, with consent of the second, amended the substitute motion to add that the MTA use discretion and if an item is deemed necessary to go to the Public Art Advisory Board, the MTA would send the ad to the Board at that time; otherwise, the MTA can make the final ad decision. -- carried Substitute motion, as amended, carried 5 to 1. Cather - No. (Reeser absent) TAXI FARE MAXIMUM ESTABLISH MAXIMUM FARE LIMITATION FOR TAXI SERVICE. Chris Cherches City Manager reviewed the Item. Agenda Report No. 95-243. Under Section 3.84.430, "Fares - General Maximums and Filing Rates", a holder of a taxi operating permit may petition the City Council at any time for any desired change in a maximum rate of fare. On September 16, 1994, George Armbrust, owner of Best Cabs, presented the Wichita MTA a letter requesting new fare limitations be established. The last Resolution adopted by the City Council which raised the maximum fare limitations for taxi service was September 11, 1984. Specifically, the new rates currently requested are as follows: Flag drop - $1.50; Each 1/6 mile - $.20; Per 1/2 minute waiting time - $.20; Each additional passenger in town - $1.00; Children under 12 years - $.50; Package delivery charge - $.50; Jump start - $10.00; Minimum fare from Airport - $1.00. Under the City Taxi Ordinance, each cab company must file with the Wichita Metropolitan Transit Authority any changes to their fare rates providing they do not exceed the maximums set by the City Council. The MTA Board held two (2) public hearings, on November 17, and December 15, 1994 regarding this issue. On January 19, 1995, the MTA Board adopted a Resolution recommending the City Council's approval of a resolution adopting these new maximum fare limitations. The Wichita MTA surveyed other Midwestern cities and those of similar size to Wichita regarding their taxi rates. In all, there were ten (10) cities solicited. The proposed flag drop rate and cost per mile are comparable to those rates in the other communities, especially the cost per mile. The average charge in the cities surveyed was $1.24 compared to the $1.20 proposed. The flag drop averaged $1.35 compared to $1.50 being proposed. All other rates of fare proposed are comparable to other cities surveyed. Council Member Rogers momentarily absent. Michael Melaniphy MTA General Manager said American Cab may not raise their rates, and if not, Best Cab has said they will not raise rates either; however, Best Cab would like to have the ability to raise rates if necessary. Regarding the Airport increase, many people take cabs from the airport to the Hilton or Ramada nearby. The cab company needs to be able to recoup the expense of waiting at the airport - even on the short trip. Regarding requests from companies to start additional services in Wichita, about 100 cabs is about all the community can sustain. The MTA makes periodic spot checks of the cabs. The MTA Board decided that the spot check of cabs continue for a six-month period. If the condition of the cabs improves, the regulation would stay with the MTA. If the condition does not improve, the Board will review the matter to see if it is something that should be covered by an ordinance that could be enforced at a legal level. Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that the Resolution setting the following maximum amounts: flag drop - $1.50; each additional 1/6 mile - $.20; each additional passenger - $.50; children under 12 - $.50; each added passenger to/from Airport - $1.00; minimum fare from the Airport - $5.00; and addition of the per minute waiting time - same -- carried as the 1/6 mile ($.20); be adopted. Motion carried 6 to 0. (Reeser absent) RESOLUTION NO. R-95-156 A Resolution rescinding a Resolution adopted by the City Council on October 23, 1986, and establishing maximum rates of fare for taxicab operations within the City of Wichita, Kansas, presented. Ferris moved that the Resolution be adopted. Motion carried 6 to 0. (Reeser absent) Yeas: Cather, Cole, Ferris, Kamen, Rogers, Broadfoot. FISHING LICENSE ORD. ORDINANCE PERTAINING TO REPEALING URBAN FISHING LICENSE. Chris Cherches City Manager reviewed the Item. Agenda Report No. 95-244. At their March 13, 1995, meeting, the Board of Park Commissioners recommended that the Council approve the ordinance repealing the Urban Fishing License requirement at designated urban lakes. Their decision was based on a proposal by the Kansas Department of Wildlife and Parks assume the responsibility of stocking these urban lakes; thereby eliminating the need for the revenues the urban fishing licenses generated. In 1994, the Urban Fishing License program generated $12,000 in revenues and incurred expenditures of $9,000 for stocking, plus costs for staffing and administration of the program. Kansas Wildlife and Parks has agreed to provide additional fish stockings in urban lakes that will offset any revenues lost through the repeal of the Urban Fishing Licenses. Council Member Kamen left the Bench. Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard and no one appeared. Motion -- Rogers moved that the Ordinance be placed on first reading. Motion carried -- carried 5 to 0. (Kamen, Reeser; absent) ORDINANCE An Ordinance repealing Section 9.04.120 of the Code of the City of Wichita, Kansas, pertaining to fishing and hunting and repealing the originals of said section, introduced and under the rules laid over. TRAFFIC COMMISSION TRAFFIC COMMISSION ITEMS -- 47TH STREET SOUTH AND EMPORIA INTERSECTION AREA (DISTRICT IV; DESIGN CONCEPT FOR BROADWAY FROM DOUGLAS TO CENTRAL (DISTRICT VI). Council Member Kamen present. Agenda Report No. 95-245. On February 15, 1995, the Traffic Commission held two public hearings. 47th Street South Intersection Area The City has received several requests for traffic signalization and traffic flow modifications at the intersection of 47th Street South and Emporia. Business owners have cited the need for traffic changes to reduce accidents at the intersection and to improve accessibility to businesses in the immediate area. The section of 47th Street South from Broadway to the interchange at I-135/I-235 is signed as U.S. 81 Highway; therefore, although the City maintains the street, improvements or modifications must be approved by the Kansas Department of Transportation (KDOT). Staff and KDOT have reviewed the traffic characteristics of the intersection several times, including the 1994 Christmas holiday season. Staff has prepared numerous alternate pavement configurations for this area. The South Wichita Business Association and CPO Council 4 both recommended Option 4, which would close a section of the north frontage road west of Emporia. KDOT and the Traffic Commission recommended Option 5, which is similar to Option 4, but also includes a possible rear access road to connect the businesses on the north side of 47th Street west of Emporia. 47th Street South Intersection Area Recent traffic counts taken on December 22, 1994 were compared to traffic counts taken on April 14, 1994. The December traffic counts indicated that volumes on 47th Street were up by about 10%, but volumes on Emporia did not increase. Staff believes that a 10% increase near a major shopping area during the holiday season is not uncommon. In addition to counting the traffic, accident data was updated. The traffic engineering information was submitted to KDOT for review. The results of staff and KDOT's analysis of the data and characteristics of the area resulted in the following conclusions and recommendations: 1. The intersection of 47th Street and Emporia does not warrant traffic signalization at this time. 2. A section of the north frontage road west of Emporia should be closed. 3. A rear access road connecting the businesses on the north side of the frontage road west of Emporia would improve accessibility to the commercial properties. The exact costs of the proposed changes have not been determined at this time, but rough estimates are $10,000- $15,000 for the frontage road changes and up to $50,000 for the rear access road. If the Council concurs with staff's recommendations, staff will explore possible funding options, including requesting funding from KDOT and suggesting special assessments or private financing for the rear access road. (Staff is to contact Council Member Reeser to see when the Item will be placed back on the Agenda.) Broadway from Douglas to Central Bill McKinley Traffic Engineer reviewed the Item. The Capital Improvement Program (CIP) contains a project to reconstruct the section of Broadway from Douglas to Central. Design concepts for a four-lane roadway with inset parking on the east side, and a five-lane roadway without any on-street parking were presented to the Traffic Commission at a public hearing on February 15, 1995. Adjacent property owners and businesses were notified and invited to the meeting. The Traffic Commission voted to recommend approval of the five-lane concept with removal of on-street parking. (The five-lane concept was recently approved by the City Council for the section of Broadway from Kellogg to Douglas.) Municipal Engineers presented the four-lane and five-lane concepts to the Traffic Commission. Some opposition to eliminating on-street parking was expressed by a business owner on the west side of Broadway south of 1st Street. Other property owners said they were not opposed to the five-lane concept with removal of on-street parking. Staff recommends concurrence with the Traffic Commission's recommendation to approve the five-lane concept. The project is included in the proposed 1995- 2004 CIP. Funds have been included to construct either option. Council Member Ferris Council Member Ferris said he could not support parking removal and the 5-lane concept. Also, reconsideration should be given to the parking removal on Broadway from Kellogg to Douglas. Council Member Cather Council Member Cather said inset parking looks unsafe. The drive is at a disadvantage because there is not a straight driving line. Council Member Cole Council Member Cole said it is incredible the City Council would consider removing 100 parking spaces from Broadway. Also, there is no turning lane. Many of the small businesses are not property owners so notification was not given to them. The Council does not have a true reading from business owners. Motion -- Cole moved that this Item be deferred three weeks; Council Member Cole be allowed to meet with affected business owners; the proposal be referred to the DBA Parking Committee; and that Staff be asked to prepare the appropriate documents for council reconsideration of the Broadway from Kellogg to Douglas decision. Council Member Ferris left the Bench. Council Member Cather Council Member Cather requested information regarding the available parking off-street in this area. -- carried Motion carried 5 to 0. (Ferris, Reeser; absent) LIBRARY DYNIX SYSTEM FINAL PAYMENT OF LIBRARY'S DYNIX SYSTEM. Council Member Ferris present. Chris Cherches City Manager reviewed the Item. Agenda Report No. 95-246. In 1990, the Wichita Library purchased the Dynix automation system. The cost for the system with interest was $1,330,000. The required annual payment for a five-year period (1991-1995) was $266,000. The agreement was for the City of Wichita and the Library to equally divide the payment; thus, each entity would pay $133,000 annually. The Library's payment was to come from the following sources: Library Foundation $75,000 State Aid & SCKLS Grants $25,000 Increased Revenues $33,000 TOTAL $133,000 The Library Foundation's final payment for the Dynix System is $75,000. The Library Foundation is requesting the Foundation's final payment for the system be forgiven, so that fund raising can be used to pursue other Library enhancement needs. The Library Foundation has stated that many of its donations are for specific items (i.e. books, special need items, etc.), and its fund raising should be used for other special needs to ensure the library continues to provide the best service possible. The debt for the automated system was established in the City's budget to be paid from City and Foundation funding. Temporary notes were issued to defray the capital expense of this equipment. Therefore, to waive this final payment will require a budget adjustment by the City Council and an additional allocation from the City to offset this $75,000 obligation. The Council could fund this additional amount from its Reserve Fund or from a reduction of other program/project expense. The City Council has the authority to waive this amount subject to meeting the obligations of the temporary notes issued to fund the Foundation's portion of this capital expense. Mayor Broadfoot Mayor Broadfoot said it is not clear whether or not the Library would return the moneys immediately into the libraries. A criticism is that there is not a large enough budget to purchase books for the library. A preference would be that the library purchase books as opposed to saving the money. Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard and no one appeared. Motion -- Broadfoot moved that the final payment be forgiven and that the City Manager return to the Council with recommendations regarding the funding source. Motion -- carried carried 6 to 0. (Reeser absent) ADDENDUM ITEM MUNICIPAL COURT NEIGHBORHOOD MUNICIPAL COURT. Chris Cherches City Manager reviewed the Item. Agenda Report No. 95-269. In April, 1993, the City of Wichita was notified by the U.S. Bureau of Justice Assistance that it was one of the sixteen communities selected to participate in a new, two- phased, competitive grant program entitled the Comprehensive Communities Program (CCP). Phase I of the program provided the City with a $50,000 planning grant to develop comprehensive crime control strategies which require law enforcement and other governmental agencies to work in partnership with the community to develop solutions to identified problems. Sixteen jurisdictions were selected to participate in the Phase I, planning phase. Communities were invited to submit a competitive Phase II funding application to implement planned strategies. On August 9, 1994, the City Council approved the submission of a Phase II grant application to the U.S. Bureau of Justice Assistance for $2.27 million dollars to implement crime control and community mobilization strategies developed during the Phase I planning process. On February 7, 1995, the Bureau of Justice Assistance approved a Phase II grant in the amount of $1,864,649. Only six communities were selected by the U.S. Bureau of Justice Assistance for Phase II grants. The City Council approved the grant award documents on February 28, 1995. The grant provides funding for community policing, community mobilization and prevention initiatives, comprehensive gang initiatives, community (neighborhood) prosecution, drug courts with diversion to treatment and community-based alternatives to incarceration. The grant provides a total of $346,550 for a Neighborhood Municipal Court. The establishment of the Neighborhood Municipal Court is designed to build a partnership with the judicial system and the community. Neighborhood Courts are designed to provide credibility to law enforcement efforts and the court system and allow greater citizen understanding and participation by neighborhood residents. The Neighborhood Municipal Court would primarily address nuisance, environmental, traffic and non-DUI drug/alcohol cases in the neighborhoods by holding court in the four substations during the afternoon and evening hours to accommodate citizen needs. The term of the grant is fifteen months beginning May 1, 1995 and ending July 31, 1996. Staff requests would include: a Municipal Court Judge, Probation Officer, Court Clerk and a part-time Prosecutor. No local matching funds are required for the grant. However, there will be a budgetary impact in 1996 (estimated at $138,661) when the grant period ends if the City Council elects to continue programs defined in the grant. The grant funds the Neighborhood Municipal Court personnel and related operational costs. Charter Ordinance No. 142 prescribes the procedures for hiring a Municipal Court Judge. A Municipal Court Nominating Commission is required and is comprised of three lawyers nominated by the local BAR Association and two lay persons appointed by the City Council. The Municipal Court Nominating Commission will submit at least three nominees for consideration by the City Council. The City Council may accept or reject the nominations. Council Member Ferris momentarily absent. Council Member Cole Council Member Cole said she approved of asking the Bar Association to make recommendations of three lawyers for consideration of the judge position. The recommendations should also be people who are sensitive to conditions in inner city neighborhoods. Council Member Cather Council Member Cather said it is not wise to have drug users and gang members brought into the neighborhood court where there is no extra security or metal detector. Chris Cherches City Manager said it is anticipated the guidelines will change. Today's Item addresses the matter as a concept. The plan was that after the Judge is hired, the Judge would visit each CPO, get a feel of the neighborhoods, and a training process would be gone through before the Court would actually start. After the guidelines are established, a full program could be given to each CPO and anyone else interested. Mayor Broadfoot Mayor Broadfoot asked that the Neighborhood Associations be included in the process. Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard and no one appeared. Gary Rebenstorf Director of Law, responding to a question, said under the City's Charter Ordinance, the Judge would have to be a legally qualified attorney and a resident of Sedgwick County. The Charter Ordinance provides that when there is a vacancy created by the City Council, within five days of the notice, the Chairperson of the Nominating Commission will call a meeting to start the process. The Nominating Commission is to submit the nominations to the City Council within 30 days after the notice of vacancy. If the Council does not wish to choose among the candidates submitted by the Nominating Commission, the Council can select anyone meeting qualifications who is interested in the position. Chris Cherches City Manager said he hoped a rapid response would be encouraged because it is desired the Environmental Court be in action in May or June. Motion -- Cole moved that establishment of a Neighborhood Municipal Court be approved; the hiring of staff process be authorized to begin; the Municipal Court Judge vacancy be declared; and the nomination of three lawyers, sensitive to the problems of inner- city neighborhoods, to be presented to the City Council by the Bar -- carried Association, be requested. Motion carried 6 to 0. (Reeser absent) Motion -- Rogers appointed Claudette Harrison and moved that the appointment be approved. -- carried Motion carried 6 to 0. (Reeser absent) Motion -- Cole appointed Bill Fox and moved that the appointment be approved. Motion carried -- carried 6 to 0. (Reeser absent) (The Council proceeded with the Consent Agenda. Action is shown in Agenda order.) CONVENTION HOTEL APPROVAL OF CONVENTION HOTEL DEVELOPER AGREEMENT AND ADOPTION OF BONDING ORDINANCE. Mayor Broadfoot Mayor Broadfoot said the Council adopted a vision statement for the City in 1993 that, in part, speaks to a dynamic and progressive City in which Downtown is the center of commerce, business, and family activities. In the 1950's, City planners envisioned a vital downtown and a coordination of public and private efforts which stressed that public buildings and mail cultural activities should be grouped in a central place. The vision of the past, present, and the future are coming together for the City with Lawrence-Dumont Stadium, the Boathouse, future Ice Rink, Science Center, and a first- class Convention Hotel. The primary objective of the visions of the 1950's compliment the visions of the 1990's to protect the tremendous economic investment both private enterprise and the public have in Downtown and to strengthen the position of Downtown as the business, administrative, cultural, and entertainment part of the City. A new convention hotel is a bold step for Wichita but it is a step with certainty and success as it is supported by a partnership with the Wichita banks and savings and loans, Stormont-Trice, the Task Force, and the City Council to initiate a process which will allow achievement of the hotel by the Spring of 1997. Council Member Cole Council Member Cole, Chair of the Convention Hotel Task Force, said there are times when investment must be made if a city or business is to grow or prosper. It is important to minimize risk in all undertakings, particularly those which involve community resources and that is why involvement of all the Wichita banks and savings and loans was solicited for this project. Every bank and savings and loan in Wichita is participating. The consultant said the bank and savings and loan participation is one of the most impressive parts of the project and is duplicated nowhere else. The agreement will achieve the goals established by the Council. The project will create jobs in economic development that will benefit all of Wichita. Without a convention hotel, a greater burden would fall upon the citizens of Wichita to underwrite the original investment in Century II. With the hotel, conference center improvements, and a parking garage, Wichita's ability to attract more and larger convention and tourism business is assured. There will be no increase in citizens' taxes to pay for the project. All of the bonds will be retired by tax funds generated by the project - tax funds that would not exist without the project. There will be those who object to the project - there are to any project. There were people who opposed the Big Ditch flood project which saved the community millions of dollars. There were people who opposed construction of Century II which has resulted in many millions of dollars coming to Wichita in convention and tourism money. From the City's perspective, the best contract possible has been negotiated and the mission of bringing one of the best hotel flags to Wichita has been accomplished. The Developer, Stormont-Trice of Atlanta, has been very careful to limit the footprint of the building so as to allow for other private development in the area. The project is the City's most important project to assure further economic development is undertaken in the core area. Council Member Ferris Council Member Ferris said the project is going forward as a result of the commitment of local banks and savings and loans, Council Member Cole, and the commitment of the City Council that the project would be accomplished. The convention and tourism business in Wichita is a multi-million dollar industry that employs thousands of people. If the City does not have this industry, the City will have to find something to supplement the economy. Experts in the local field have told the Council that this project is imperative for the convention and tourism business to thrive and be successful. John Keeling John Keeling, PKF Consultants, said there was a great deal of construction activity around the Country in developing convention centers in the 1970's and 1980's. Often, the convention centers were constructed with the aid of hotel occupancy tax and were built to enable cities to compete more effectively to draw outside funds into the community and help in employment and the local economy. Over time, as the centers were being built, it was found that very often hotel support was lacking. In many surveys conducted by PKF and successful publications, it has been found that having an excellent convention center is important in attracting conventions but, in terms of the list of priorities of association meeting planners, the convention center is fourth of fifth on the list. The number one priority is having adequate hotel support within walking distance of a convention center. That is what separates the competitive centers from the non-competitive centers. Mr. Keeling said this is the first community he has been in that is so solidly behind the project and willing to take the steps required in order to ensure the project happens. Most of the convention centers that have been built in the last fifteen to twenty years have been built as part of public/private joint ventures or with some sort of public support. The exception to that would be convention hotels built in Los Vegas, Hawaii, and Orlando - each being a special case. With those exceptions, hotels built around the country as part of a convention package were built with Urban Development Action Grants, Economic Development Block Grants, tax increment financing districts, subsidies from hotels, and by the community owning the hotel and leasing it to an operator. This project is the completion of an urban renewal project which began some 20-years ago and will elevate Wichita's competitiveness in the regional, and possibly national, convention market. The hotel rooms will be within walking rooms of the convention center and will be physically tied in to Century II. It will be extremely easy for convention planners to justify coming to Wichita based on the quality experience that can be promised to their membership. Four hotel affiliations come to mind when a convention hotel is to be operated on a national level. In every major city that has convention hotels, the Marriott, Hilton, Sheraton, and Hyatt Hotels are consistently represented. Wichita already has a Hilton and a Marriott. Hyatt does not franchise because the hotels are primarily operated on individual investment and management contracts; and Hyatt has not grown at the pace the Hilton, Sheraton, and Marriott hotels have grown. Because there are fewer Hyatts, a quality control and image in the association market have been maintained making the Hyatt very competitive for this type of business. Consequently, it was felt a Hyatt would help to elevate Wichita's visibility along the national associations. Large hotel chains also have programs designed to capture certain groups and keep them using the hotel chain. By adding a Hyatt flag to the community, Wichita will be in Hyatt's captive market and will have associations and corporations who only meet in Hyatt Hotels now considering Wichita for the first time. Hyatt Hotels, in 1994, decided to begin franchising. Today, there are only two Hyatt Franchised hotels in the Country - one in California and one in Fort Lauderdale, Florida. This hotel, if built on a timely basis, will be the first Hyatt franchised hotel built from scratch. The other two hotels were conversions of existing facilities. A franchise is distinguished from a corporate property in that Hyatt will not manage this facility. Hyatt will license their name and license their reservation system to Stormont-Trice, the developer and operator of the facility. Dick Stormont was responsible for the Marriott franchise system and was called on by Hyatt to assist, on a consulting basis, design the Hyatt franchise system. Dick Stormont has been approved by Hyatt to be a Hyatt franchisee, a very exclusive club. Stormont-Trice became interested in Wichita because of a recent success in Norfolk, Virginia. Norfolk had a downtown area which was not nearly as exciting as Wichita's downtown area is today. Norfolk had an old Radisson Hotel which was uncompetitive and failing financially; meeting space was needed and a first class hotel was needed to support the meeting space. Norfolk contracted with Stormont-Trice as developer and a 400 room Marriott hotel was constructed adjacent to the convention center. Stormont-Trice manages the convention center and the hotel. The Radisson Hotel, which opposed and fought the new hotel, has been renovated and is doing better today in cooperation with the Marriott than it ever did on its own. Mr. Keeling reviewed the project. Agenda Report No. 95-247 (a). (a) Developer Agreement and Related Documents. On December 20, 1995, the City Council designated the Stormont Trice Corporation of Atlanta, Georgia (STC) to serve as Preferred Developer of a Hyatt Regency Convention Hotel to be located on City-owned land adjacent to the Century II convention center complex. The selection of Stormont Trice to develop the much-needed downtown convention hotel came at the end of a lengthy search for a suitable developer that stretches back into the late 1980's. The City's East Bank redevelopment efforts, including efforts to bring a new hotel to the vicinity of Century II, have their roots in the urban renewal program of the 1960's. The attached report on the History and Justification for a Downtown Convention Hotel describes in detail these efforts. Prior to selecting STC as Preferred Developer, the City received an informal commitment for a 50 percent mortgage loan on the hotel from a consortium of local banks and savings and loan associations. The consortium, which includes all the banks and S&L's with offices in Wichita, agreed to very favorable loan terms which in large measure made the selection of a Preferred Developer possible. The City's negotiating team, consisting of City staff, outside legal counsel, two Council Members (Cole and Ferris) and hotel consultant John Keeling, held several meetings with representatives of STC, in both Wichita and Atlanta. The final draft of the Agreement Regarding Development and Operation of the East Bank Hyatt Regency Hotel and Related Improvements is the result of these negotiations. The City will contract with STC and related entities to develop, construct, and operate a 300-room Hyatt Hotel, 16,000 square-foot Conference Center, and a 500-space Parking Garage located adjacent to the Century II Convention Center. All three properties will be owned by the City and either leased to, or operated by, STC. The project will serve a public purpose by providing a substantial public benefit and positive economic development for the City by enhancing the convention and tourism potential of Century II and the City and by replacing a once- blighted area. With limited involvement by STC, the City will also refurbish the Promenade Level of Century II Expo Hall, and make improvements to the Riverwalk from Douglas to Kellogg and to the Douglas and Maple Street bridges. The City and STC will each contribute $85,000 to create pre-development plans and budgets for construction and operation of the Hotel, Conference Center, and Parking Garage. The final contract documents will not be signed until the City has approved final plans and budgets. Estimated Costs and Funding Sources Local STC and City Lenders Partners Contribution Total Hyatt Regency Hotel $15,350,000 $5,177,000 $9,234,000 $29,761,000 Conference Center -0- -0- $5,000,000 $5,000,000 Parking Garage -0- $2,000,000 $3,000,000 $5,000,000 Riverwalk Impr. -0- -0- to be determined CII Promenade Level -0- -0- to be determined STC will guarantee completion of the Hotel, Conference Center, and Parking Garage at or below the pre- approved budget. STC will be paid a developer fee of 6 percent of total costs of the Hotel and Conference Center and 4 percent of the Garage costs. All savings on the Conference Center and Parking Garage will go to the City. Savings on the Hotel will be utilized to reduce the mortgage on the Hotel. Hotel: The STC Partnership will lease the Hotel for 99 years. The Hotel will be managed by STC. STC partners will earn a yearly return of up to 20 percent of their invested capital, including a 9 percent cumulative preferred return. Fifty percent (50%) of any profit remaining will be paid to the City as rent. STC and the City will jointly fund a $2,000,000 operating loss reserve to cover both the Hotel and Conference Center. Conference Center: STC will manage and be responsible for bookings and operations. The first $700,000 of profit will be paid to STC as a management fee, then the balance split 50/50. The $700,000 threshold increases yearly to a maximum of $1,000,000 in year three, escalated by the CPI thereafter. Parking Garage: The Hotel is provided 300 spaces in the Garage. STC has two options for management of the Garage which can be exercised at the beginning of any year with 90 days notice: Option A: STC would manage the Garage and pay operating costs, including debt service on any City bonds in excess of $3,000,000. Any profit would be split 50/50 until debt service on the first $3,000,000 of bonds is paid and, thereafter, split 60 percent to STC and 40 percent to the City. STC would be responsible for any operating losses. Option B: The City would manage the Garage and pay operating costs. The Hotel would pay a lump-sum fee equal to annual debt service on any bonds over $3,000,000, plus $15,000 for part of operating costs. The City would rebate to the Hotel one-half (1/2) of any excess cash flow up to that amount that results in the Hotel paying 60 percent of operating costs. Century II Catering Services: STC will provide exclusive catering service to Century II under a 10-year contract, with one 5-year STC option and one 5-year mutual option, to be negotiated prior to execution of the Hotel lease. The catering contract will address the refurbishment of the Promenade Level to a quality level consistent with that of the Hotel and the equipping of the catering kitchen in Expo Hall. Sale of Hotel STC may sell and assign its leasehold interest in the Hotel (but not the Hotel itself) to a buyer, who must be approved by the City. At the option of STC, rent to the City would either remain the same and STC would retain all sale proceeds, or the buyer would start paying new rent based upon the sale price of the Hotel lease, and STC and the City would share equally in net sale proceeds after STC receives a 20 percent internal rate of return. The City's contribution to the cost of the Hotel plus the costs of building the Conference Center and Garage, and improvements to the Riverwalk and refurbishment of the Promenade Level, will be financed by general obligation bonds. The City will also contribute $1 million to an operating loss reserve which will be in the form of a cash appropriation into a City trust account. Bonds issued for the Hotel and Conference Center will be retired from tax revenue generated by the Hotel, tax increment district revenues and revenues earmarked for future expansion of Century II. Bonds for the Riverwalk improvements and the first $3,000,000 of Garage costs are already budgeted in the City's capital improvement program. The cost of the Garage above $3,000,000 will be paid by the Hotel. To be enforceable on the parties, the Development and Operation Agreement requires, as conditions precedent, that a 50 percent mortgage loan commitment be obtained from the consortium of local lenders, that STC is successful in raising its equity capital, that certain charter ordinances take effect, that the City is successful in issuing its bonds, that a tax increment financing district is established, and that a Hyatt Hotel franchise agreement is signed. Its adoption will provide the authorization necessary to issue general obligation bonds for the Hotel improvements pursuant to the charter ordinance approved on February 21, 1995. John Keeling John Keeling, responding to questions, regarding reference to a 20 percent preferred return to investors, said the 20 percent preferred return is contrasted to a 9 percent cumulative preferred return which is imbedded in the 20 percent. "The investor's expect to receive, each year, a 9 percent return on their invested capital. That is considered to be a fair return, in fact it is a little low for equity in hotel ventures such as this. That preferred return is cumulative and preferred in the sense that if it is not available to be paid out of the operations of the hotel it comes first out of the reserves; and if it is not available because the reserves have been exhausted, it is deferred into future years until the cash is available to pay it. That is the 9 percent level." The 20 percent is preferred but not cumulative. The 9 percent is subtracted from the 20 percent leaving an 11 percent return which is paid, on a preferential basis, to the investors - after the debt service has been paid to the banks and after all of the payments on the bonds have been made but before the City gets any cash. If the money is not available to pay a 20 percent return it does not get paid and it goes away. The City does not start participating in cash flow until the 20 percent is paid. The operations of the hotel are paid first, then the debt service is paid, then a preferred return of 9 percent is paid to the investors, then an incentive management fee is paid, then the remaining 11 percent is paid to the investors, and then the balance is split to the City. The money to pay the debt service and retire the bonds comes out of the hotel occupancy tax and property tax generated and paid by the hotel. The investors have no claim to these moneys at all. Regarding the assumptions, additional research was done. STAR reports, competitive market penetration report published by Smith Travel Research, for hotels which were similar to that being proposed for Wichita, were used. Information, from Hyatts in Lexington, Kentucky, Indianapolis, and smaller communities around the midwest was used. Based on the reports, calculation was made for rate premium a Hyatt would achieve in markets such as Wichita; and based on that rate premium calculation, the numbers were recalculated to a more realistic numbers. Approximately $9.2 million will be issued on bonds which will be paid by taxes generated by this hotel only. The conservative estimates are that that could support debt service up to $13 million. Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard. OmPal Chauhan OmPal Chauhan said it the City needs to look at all the options and carefully balance the risk. Also, the project construction should be open to competition. It seems like Stormont-Trice has insured profit up front. Allen Bell Financial Projects Director said the bonds will be paid from the hotel's property and transient guest taxes. The bonds will be paid before the debt service or return to investors are paid. The investors have a greater risk than the City. Marge Setter Marge Setter, Chair of the Convention and Visitors' Bureau, said the Convention and Visitors' Bureau Board of Directors urged the Council to move forward with the project. Anita Overworkman Anita Overworkman, Chair of the Chamber of Commerce Board of Directors, said the hotel will clearly benefit Wichita and urged the Council move forward with the project. Jeff VanSickle Jeff VanSickle, President of the Downtown Business Association, spoke in support of the project. Sharon Feary Sharon Feary, President of Historical Midtown Association, spoke in support of the project. Gene Payne Gene Payne, 2215 West 28th Street North, spoke in favor of the project as a hope for the City. Karl Peterjohn Karl Peterjohn said he wished the matter would be placed before the voters. Mr. Peterjohn asked the City council to delay the project until the new City Council can take the matter up in April. Rod Stewart Rod Stewart said the hotel will increase sales taxes and money spent by visitors. Retailers and other hotels/motels will benefit, gasoline taxes will be generated, new retail will develop. Benefits will not be limited to this property. Mary Lou Rivers Mary Lou Rivers, President of River West Merchants' Association, said Downtown is everyone's neighborhood and spoke in favor of the project. David Burk David Burk, MarketPlace Properties, said Downtown is a large part of the tax base and urged approval of the project. Stewart Mann Stewart Mann, President of the Old Town Association, said the hotel will help Old Town draw visitors. The Old Town Association is in favor of the hotel and urges approval. Jerry Jones Jerry Jones said convention business is big business and a strong contributor to the community. Larry Ross Larry Ross spoke in favor of the project. The hotel is the key to Downtown revitalization. Motion -- Cole moved that the Agreement Regarding Development and Operation of the East Bank Hyatt Regency Hotel and Related Improvements be approved and the Mayor be authorized to sign; the report on the History and Justification for a Downtown Convention Hotel be received and filed; and the Ordinance be placed on first -- carried reading. Motion carried 6 to 0. (Reeser absent) ORDINANCE An Ordinance authorizing the issuance of bonds by the City of Wichita, Kansas, at large for public improvements for a hotel with meeting rooms and an adjoining parking garage, introduced and under the rules laid over. (b) Public Hearing on Ordinance Implementing Provision of Charter Ordinance Pertaining to Public Bidding. Chris Cherches City Manager reviewed the Item. Agenda Report No. 95-247 b. On February 28, 1995, the City Council adopted Charter Ordinance No. 158 which amends the City's requirements for bidding construction contracts for public improvement projects. The new charter ordinance exempts from the public bidding requirements projects that are to be constructed by a developer pursuant to a development agreement, provided the City Council conducts a public hearing to consider whether to allow the exemption on a case-by-case basis and adopts an ordinance approving the exemption for each case. On December 20, 1994, the City Council designated Stormont Trice Corporation of Atlanta, Georgia to serve as the preferred developer in the construction and management of a Hyatt Regency Convention Hotel on City-owned land adjacent to Century II Convention Center. Negotiation of the developer agreement with Stormont Trice has been completed and is now ready for Council approval. In order to legally commit the City to the provisions of the developer agreement with Stormont Trice, the City must approve the exemption from the public bidding requirements pursuant to Charter Ordinance No. 158. The Charter Ordinance is subject to a 61-day protest period which expires on May 3, 1995. The ordinance being presented for approval at this time will not be effective until and unless the 61-day period expires without there being a sufficient protest petition filed. The implementation of the convention hotel project as a turn-key design-build project pursuant to a developer agreement is expected to save the City money due to the involvement of the developer who has a great deal of experience in developing and operating hotel properties. Charter Ordinance No. 158 requires the ordinance be approved by a two-thirds majority of the City Council. Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard and no one appeared. Motion -- Broadfoot moved that the public hearing be closed and the Ordinance be placed on -- carried first reading. Motion carried 6 to 0. (Reeser absent) ORDINANCE An Ordinance of the City of Wichita, Kansas, implementing the provisions of Section 4 of Charter Ordinance No. 111, as amended by Charter Ordinance No. 156, pertaining to public bid requirements, introduced and under the rules laid over. CITY COUNCIL AGENDA ART MUSEUM BOARD CHARTER ORDINANCE PERTAINING TO THE ART MUSEUM BOARD. (Requested by Council Member Reeser) Deferred from March 21, 1995 Council Member Ferris Council Member Ferris expressed preference for this matter to be placed on the regular agenda instead of the City Council Agenda. Motion -- carried Ferris moved that this Item be deferred one week. Motion carried 6 to 0. (Reeser absent) CONSENT AGENDA Broadfoot moved that the Consent Agenda, except Items 3 b and c, 4 d and e, 12, 19 a, and 23, be approved in accordance with the recommended action shown thereon. Motion carried 6 to 0. (Reeser absent) BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED MARCH 20, 1995. At 10:00 a.m., Friday, March 17, 1995, pursuant to advertisements published, bids were received, publicly opened, read aloud and tabulated for the Board of Bids and Contracts: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: Sewers, Paving and Water Mains as per specifications 1995 Contract Maintenance Surface Milling and Asphalt Concrete Overlay of Arterial Streets at various locations. (132282/630418) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 12-20-94) (District all) as per specifications Cornejo & Sons - $756,550.00 (Engineer's Estimate) 1995 Contract Maintenance of Bridge Deck Resurfacing at Oliver over Gypsum Creek and east bound Harry Street over I-135. (132449) Traffic to be maintained through construction. (Council approval date 12-20-94) (District 3) as per specifications Utility Contractors - $249,950.00 (Engineer's Estimate) Total Alternate No. 1 Water Distribution System to serve Pawnee Mesa Addition (north of Pawnee, west of Lark). (448- 88853/732461/470324) Does not affect existing traffic. (Council approval date 08-16-94) (District 5) as per specifications WBW Contractors - $36,639.00 Water Supply Line to serve Westside Assembly Chapel Addition (north of Central, west of 119th). (448- 88885/732552/470333) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 01-10-95) (District 5) as per specifications Mies Construction Co., Inc. - $16,165.00 Drainage Improvements at the Intersection of Mead and Marine. (468-82638/133116/560000) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 06-21-94) (District 3) as per specifications Kansas Paving - $37,820.75 Lateral 11, Main 13, Southwest Interceptor Sewer to serve Pawnee Mesa Addition (north of Pawnee, east of Lark). (468-82407/742130/480305) Does not affect existing traffic. (Council approval date 08-16-94) (District 5) as per specifications Nowak Construction - $26,508.00 Lateral 84, Main 1, Southwest Interceptor Sewer to serve Overholt Addition . (468-82455) Does not affect existing traffic. (Council approval date 03-07-95) (District 4) as per specifications WB Carter Construction Co., Inc. - $14,366.00 The Board of Bids and Contracts recommended that the contracts be awarded as outlined above, subject to check, same being the lowest and best bid and within the Engineer's construction estimate. Broadfoot moved that the contracts 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 the contract for the City. Motion carried 6 to 0. (Reeser absent) CITY MANAGER/CENTRAL INSPECTION: EXTERIOR PAINT AND PRIMERAS PER SPECIFICATIONS Dupaco Paint, Inc. Item 1 - $7.85 per gallon Item 2 - $8.50 per gallon Item 3 - $9.00 per gallon POLICE DEPARTMENT: VEHICLE SECURITY PARTITIONSAS PER SPECIFICATIONS Don Hume Leathergoods, Inc. - $14,930.36 PUBLIC WORKS/MAINTENANCE: TRAFFIC SIGN FACESAS PER SPECIFICATIONS Vulcan Signs Group I - $25,938.40 (Total Net Bid) Group II - $ 1,132.45 (Total Net Bid) WATER & SEWER/CUSTOMER SERVICES: WATER BILL FORMSAS PER SPECIFICATIONS Horner Business Forms - Item 1 - $11.20 per thousand WATER & SEWER/POLLUTION CONTROL: WEMCO HYDROGRITTER PARTSAS PER SPECIFICATIONS Graue-Hewitt & Affiliates - $11,262.00 (Total Net Bid) WATER & SEWER/SEWER MAINTENANCE: 1,920 GALLONS OF ROOT CHEMICAL AS PER SPECIFICATIONS Airrigation Midwest Engineering Co. - $49.10 per gallon WATER & SEWER/DISTRIBUTION: TAPPING SLEEVES, CLAMPS, AND OTHER MISCELLANEOUS FITTINGS AS PER SPECIFICATIONS Group I: Hajoca Corporation - $6,056.66 (Total Net Bid)# *** Group II: U.S. Supply/Ferguson Ent. - $5,862.84 (Total Net Bid)# ** Group III: Wichita Pump & Supply - $ 170.00 (Total Net Bid)# Group IV: Central Service, Inc. - $ 687.00 (Total Net Bid)# Group V: Central Service, Inc. - $4,578.38 (Total Net Bid)# Group VI: U.S. Supply/Ferguson Ent. - $2,208.84 (Total Net Bid)# ** Group VII: Hajoca Corporation - $5,380.90 (Total Net Bid)# *** Group VIII: Central Service Inc. - $ 194.28 (Total Net Bid)# # Plus Applicable Sales Tax * 1% - 10 ** 1% - 30 *** 2% - 10th FIRE DEPARTMENT: FIREFIGHTERS PROTECTIVE COATS, PANTS, SUSPENDERS, HELMETS, BOOTS, GLOVES & HOODS AS PER SPECIFICATIONS Group I: Chief Fire & Safety Co., Inc. - $ 6,720.00 (Total Net Bid) Group II: Danko Emergency Equipment Co. -$36,901.80 (Total Net Bid) Group III: Danko Emergency Equipment Co. - $ 989.00 (Total Net Bid) Group IV: Conrad Fire Equipment, Inc. - $ 3,032.00 (Total Net Bid) Group V: Casco Ind Co. - $ 5,508.00 (Total Net Bid) Group VI: Conrad Fire Equipment, Inc. - $ 1,755.00 (Total Net Bid) The Board of Bids and Contracts recommended that the contracts be awarded as outlined above, same being the lowest and best bid. Broadfoot moved that the contracts be awarded as outlined above, same being the lowest and best bid. Motion carried 6 to 0. (Reeser absent) LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1995 (Consumption off Premises) Lester L. Koehler Annex Carry Out729 E. Boston John R. Leftwich C Mart #7303 3702 N. Woodlawn John R. Leftwich C Mart #9198 6485 E. 13th Street Shelly Olson Sam's Club #82546200 W. Kellogg New Establishment 1995 (Consumption on Premises) Judith A. Whitney Duffy's Lounge 2415 W. 31st South (Consumption off Premises) Stephen R. Unger Steve's 7011 E. Harry Motion -- Broadfoot moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 6 to 0. (Reeser absent) PLANS AND SPECS. PLANS AND SPECIFICATIONS. a. Botanica Parking Lot Expansion (southeast corner of Murdock and Amidon). (472-82571/791160). Does not affect existing traffic. (Council approval date 11-01-94) (District 6) Items 3 b and c Council Member Kamen declared a conflict of interest and abstained from participation on these items. b. Old Town Street Improvements Phase 3 Part 2 - Mead from First Street to Second Street. (472- 82485/762666/490369). Through traffic will not be carried during construction; local access only. (Council approval date 08-09-94) (District 6) c. Old Town Street Improvements Phase 3 Part 2 - Rock Island from 360' north of First Street to Second Street. (472-82475/706010/405155). Through traffic will not be carried during construction; local access only. (Council approval date 06-21-94) (District 6) Motion -- Ferris moved that the plans and specifications (b and c) be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and Contracts by 10:00 a.m., April 7, 1995. Motion carried 5 to 0. Kamen -- carried abstained. (Reeser absent) d. Lateral 49, Main 3, Southwest Interceptor Sewer to serve South Seneca Gardens Second Addition and unplatted tracts (south of 51st Street South, east of Seneca). (468-82363/741744/480266) Does not affect existing traffic. (Council approval date 11-30-93) (District 4) e. Water Distribution System to serve Sterling Farms Addition (north of 21st, west of Tyler). (448- 88896/732594/470337) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 03-14-95) (District 5) f. Water Distribution System to serve C.C.R Addition (Rock Road, north of 13th). (448-88908/633420/544569) Traffic to be maintained through construction using flagpersons and barricades. Council approval date 12-14-93) (District 2) Motion -- Broadfoot 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., April 7, 1995. Motion carried 6 to 0. (Reeser absent) PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. 1995 Contract Maintenance Surface Milling and Asphalt Concrete Overlay of Arterial Streets at various locations - $830,750.00. (132282/630418) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 12-20-94) (District all) b. 1995 Contract Maintenance of Bridge Deck Resurfacing at Oliver over Gypsum Creek and east bound Harry Street over I-135 - $275,150.00. (132449) Traffic to be maintained through construction. (Council approval date 12-20- 94) (District 3) c. Washington from 8th Street North to 9th Street North. (472-82507/706069/ 405160) Through traffic will not be carried during construction; only local access shall be provided - $130,000.00. (Council approval date 10-25-94) (District 1) Item 4 (d and e) Council Member Kamen declared a conflict of interest on these items and abstained from participation. d. Old Town (Phase 3, Part 1) Moore Avenue from First to Second Streets - $395,940.00. (472- 82486/762674/490370) Through traffic will not be carried through construction; only local access will be maintained. (Council approval date 07-19-94) (District 6) e. Old Town (Phase 3 Part 1) Water Line improvements along Moore - $70,555.00. (448-88849/Index Code n/a) Through traffic will not be carried through construction; only local access will be maintained. (Council approval date ) (District 6) Motion -- Broadfoot moved that the preliminary estimates be approved and filed. Motion -- carried carried 5 to 0. Kamen abstained. (Reeser absent) f. Water Distribution System to serve Pawnee Mesa Addition (north of Pawnee, west of Lark) - $94,245.45. (448-88853/732461/470324) Does not affect existing traffic. (Council approval date 08-16-94) (District 5) g. Water Supply Line to serve Westside Assembly Chapel Addition (north of Central, west of 119th) - $28,560.00. (448-88885/732552/470333) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 01-10-95) (District 5) h. Drainage Improvements at the Intersection of Mead and Marion - $70,660.00. (468-82638/133116/560000) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 06-21-94) (District 3) i. Lateral 11, Main 13, Southwest Interceptor Sewer to serve Pawnee Mesa Addition (north of Pawnee, east of Lark) - $62,000.00. (468-82407/742130/480305) Does not affect existing traffic. (Council approval date 08-16- 94) (District 5) j. Lateral 84, Main 1, Southwest Interceptor Sewer to serve Overholt Addition - $22,000.00. (468-82455) Does not affect existing traffic. (Council approval date 03-07-95) (District 4) Motion -- Broadfoot moved that the preliminary estimates be approved and filed. Motion -- carried carried 6 to 0. (Reeser absent) WDS - S. HYDRAULIC PETITION (100%) FOR WATER DISTRIBUTION SYSTEM TO SERVE PART OF LOT 1, BLOCK A, PARK SECOND ADDITION SOUTH HYDRAULIC PARK SECOND ADDITION. (District III) Agenda Report No. 95-248. The signature on the petition represents 100% of the improvement district. The project provides municipal water service to an Amvets store east of Hydraulic, south of 47th Street South. The estimated project cost is $15,000. The funding source is Special Assessments. Motion -- Broadfoot moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 6 to 0. (Reeser absent) RESOLUTION NO. R-95- 157 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-88911, South Hydraulic Park Second Addition (east of Hydraulic, south of 47th Street South) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Broadfoot moved that the Resolution be adopted. Motion carried 6 to 0. (Reeser absent) Yeas: Cather, Cole, Ferris, Kamen, Rogers, Broadfoot. BOARDS MINUTES MINUTES OF ADVISORY BOARDS. CPO East Council 2, 3/13/95 CPO Southeast Council 3, 3/9/95 CPO Northwest Council 5, 3/8/95 Sister Cities Advisory Board, 2/3/95 Wichita Airport Authority, 3/6/95 Wichita Commission on the Status of Women, 3/8/95 Wichita Metropolitan Transit Authority, 3/7/95, 2/23/95, 1/19/95 Wichita/Sedgwick County Board of Health, 3/9/95 Motion -- carried Broadfoot moved that the Minutes be received and filed. Motion carried 6 to 0. (Reeser absent) EASEMENTS/DEDICATIONS EASEMENTS AND DEDICATIONS. a. Drainage Easement dated February 14, 1995, from Greystone Construction for a tract in Pawnee Mesa Addition (Prescott Drainage, Index #762740) (no cost to City). b. Sanitary Sewer Easements dated December 12, 1994, December 20, 1994, and January 12, 1995, from Phil Smith; Richard & Wanda Rinehart; and Toni Young for tracts in the Northeast ¼, Section 28, Township 28 South, Range 1 East (Lateral 335, SWI, Index #741959) (no cost to City). c. Dedication dated February 15, 1995, from Mark Blum for a tract in Garfield Addition (Meridian & McCormick, Index #705467) (no cost to City). d. Dedication dated January 3, 1995, from Linda & Jerry Alexander for a tract in Walnut Grove Addition (35th & Seneca Drainage, Index #133116) (no cost to City). e. Easement dated January 31, 1995, from Gerald & Phylis Kunkle for a tract in Miles Hidden Lakes Estates (Lateral 23, Main 1, Cowskin, Index #741827) (no cost to City). f. Dedications dated January 19, 1995, and February 9, 1995, from Ron Cornejo and Kirk Humphreys for tracts in the Northeast ¼, Section 10, Township 28 South, Range 1 East and QuikTrip 4th Addition (31st, KTA to K-15, Index #705996) (no cost to City). g. Easement dated February 14, 1995, from St. Joseph Medical Center for a tract in Kansas Surgery & Recovery Center (Private Project, Index #607861) (no cost to City). Has been filed and recorded. h. Sanitary Sewer Easement dated March 6, 1995, from Britt Pate for a tract in Miles Hidden Lakes Estates (Lateral 23, Main 1, Cowskin, Index #741827) (no cost to City). i. Easement dated February 24, 1995, from American Freightways Corp. for tracts in the Northeast ¼, Section 21, Township 28 South, Range 1 East (Lateral 84, Main 1, Southwest Interceptor, Index #742221) (no cost to City). Has been filed and recorded. j. Dedication dated January 23, 1995, from M.W. & Deane L. Ball for a tract in McCormick's 2nd Addition (McLean, Meridian to Seneca, Index #705897) (no cost to City). k. Dedications dated February 8, February 9, February 15, February 21, February 22, and February 27 from Leland J. Wells; Charles & Gene Campbell; William Vanaskie; John & Virginia Harris; Craig Barton; Charles & Jane Harris; and Charles Harris for tracts in Plant Kingdom Addition, Spring Lake Addition, and the Northeast ¼, Section 31, Township 27 South, Range 1 East (Gypsum Creek Bikepath, Index #785329) (no cost to City). l. Dedications to be dated when executed by Mayor from the City for tracts in East Substation Addition and Spring Lakes Addition (Gypsum Creek Bikepath, Index #785329) (no cost to City). Motion -- Broadfoot moved that the documents be received and filed and the City Clerk be -- carried instructed to record with the Register of Deeds. Motion carried 6 to 0. (Reeser absent) STREET CLOSURES CONSIDERATION OF STREET CLOSURES. Agenda Report No. 95-249. In accordance with Special Event Procedures, event sponsors are to coordinate arrangements with Staff, subject to final approval by City Council. The following Special Event requests were submitted: 1. Event: MS Walk (Multiple Sclerosis) on Saturday, April 1, 1995 from 8:00 a.m. to 5:00 p.m. Location: Along the Arkansas River Walk and Siam Park, starting at Lawrence Dumont Stadium (all on public ground). Street Closures: None requested 2. Event: 1995 Renaissance Faire on Friday, April 28, 1995 from 9:00 a.m. to 3:00 p.m. and Saturday, April 29, 1995 from 10:00 a.m. to 7:00 p.m. Location: Kansas Newman College Street Closures: McCormick Avenue, from K-42 to Sheridan, to through traffic from Thursday, April 27 at 7:00 p.m. to Sunday, April 30, at 9:00 p.m. Motion -- Broadfoot moved that the requests be approved subject to: (1) Event Sponsor notifying every property and/or business adjoining any portion of the streets to be used for the event; (2) coordination of event arrangements with City Staff; (3) hiring off-duty public safety officers as required by the Police Department; (4) obtaining barricades to close the streets in accordance with requirements of Police, Fire and Public Works Departments; (5) submitting a certificate of insurance evidencing general liability insurance which covers the event and its related activities, including the naming of the City as an additional insured with response to the event's use of the closed City streets. Motion carried -- carried 6 to 0. (Reeser absent) COMMUNITY ENFORCEMENT COMMUNITY ENFORCEMENT UNIT GRANT APPLICATION. Agenda Report No. 95-250. The Community Enforcement Unit is two teams of officers comprised of one lieutenant, one detective, and five officers. Their primary function is to address gang and drug- related crime in the community policing target areas. Their enforcement efforts are directed by information received from the community policing officers, the SCAT hotline, and confidential informants. Currently, the majority of the expenses associated with the Community Enforcement Unit are funded through the federal Byrne Memorial Grant Fund, which is administered by the Kansas Criminal Justice Coordinating Council. In order to continue receiving grant support from the Byrne Memorial Grant Fund, another application to the Kansas Criminal Justice Coordinating Council must be submitted. The application is for the salary and benefits for two lieutenants, two detectives, and eight officers. In addition, grant funding for pagers, mobile phones, community policing training, and concealed radio microphones is requested. The remaining expenses associated with the Community Enforcement Unit are currently budgeted in the Police Department. The total cost of the grant program is $645,060. The expenses are: $448,190 for salaries, $177,480 for benefits, $7,500 for training, $3,250 for concealed microphones, and $8,640 for pagers and mobile phones. The City must provide 50 percent of the total cost of the grant program as a local match. The $322,530 local match is currently budgeted in the Police Department. Motion -- Broadfoot moved that the grant application be approved and the City Manager be -- carried authorized to sign. Motion carried 6 to 0. (Reeser absent) PUBLIC HOUSING REPORT ON PUBLIC HOUSING MANAGEMENT ASSESSMENT PROGRAM (PHMAP) FOR FISCAL YEAR 1994. Agenda Report No. 95-251. On March 13, 1992, HUD implemented final regulations establishing the Public Housing Management, Assessment Program (PHMAP) for all PHA's with more than 500 Public Housing units. PHMAP establishes performance measures for PHA's in such areas as unit vacancies, modernization (CIAP), outstanding work orders, and inspection and repair of units. PHMAP regulations compute mathematical- weighted scores for each performance measure which is translated into a letter grade (A,B,C,D,E) for each measure. A total weighted score is computed for all performance measures in determining a PHA's overall PHMAP score. On a scale of 0-100, a score of less than 60% can cause a PHA to be designated "troubled" by HUD. This designation can affect future HUD funding. PHMAP scores between 60%-89% are designated "standard". Scores of 90% or more qualify a PHA for a "high achiever" designation. A "high achiever" designation can result in less reporting and oversight by HUD. Indicators #2 - Modernization, #4 - Energy Consumption, #9 - Operating Reserves and #10 - Routine Operating Expenses are completed from information contained in quarterly reports and computed by HUD. The estimated score for 1994 is 93%, however, actual calculations of the 1993 score for the Public Housing Management Assessment Program will be dependent upon actual HUD rating of Indicators #2, #4, #9, and #10 and approval of Modification #1 to Indicator #5, Unit Turnaround. The submittal was approved and Resolution No. 95-2 was adopted by the City of Wichita, Board of Housing Commissioners, on March 22, 1995. Motion -- Broadfoot moved that the Report and the Board of Housing Resolution certifying submission of the 1994 Public Housing Management Assessment Program to the -- carried Department of Housing and Urban Development. Motion carried 6 to 0. (Reeser absent) DRAINAGE IMPROVEMENTS HARRY AND EDGEMOOR DRAINAGE IMPROVEMENTS. (District III). Agenda Report No. 95-252. The Capital Improvement Program contains a project to install a storm water sewer at the intersection of Harry and Edgemoor (CIP No. D-124). It is associated with a paving project, approved by the City Council on February 28, 1995, to install left turn lanes at the intersection. The Harry and Edgemoor intersection floods during periods of moderate rainfall. It was ranked as a priority 1 project when Storm Water Utility was established in 1991. The current project estimate is $580,000. The CIP budget is $480,000. Additional funding for the cost above the CIP budget is available from projected under expenditures in the Westlink-Rolling Hills Drainage Project. The total amount of under expenditures will be determined by the outcome of land condemnation proceedings. The funding source is Storm Water Utility. Motion -- Broadfoot moved that the project be approved and the Ordinance be placed on first -- carried reading. Motion carried 6 to 0. (Reeser absent) ORDINANCE An Ordinance declaring it necessary to authorize Harry and Edgemoor drinage improvements (468-82138) in the City of Wichita, Kansas; ordering and providing for the improvements thereof; and providing for payment of the cost thereof, introduced and under the rules laid over. (Item No. 12) DRAINAGE STRUCTURE DRAINAGE STRUCTURE UNDER I-235 FREEWAY AT THE LOWER BIG SLOUGH. (District IV) Steve Lackey Public Works Director reviewed the Item. Council Member Cather momentarily absent. Agenda Report No. 95-253. On August 5, 1986, the City entered into an agreement with the Kansas Department of Transportation (KDOT) to fund the cost of a drainage structure built in connection with I-235 paving improvements administered by KDOT. This project was originally in the 1986 Capital Improvement Program (page 115, D-114). Although the project was constructed in 1987, City funding was not required until the final paperwork was completed by KDOT. The drainage structure lies under I-235 at the Lower Big Slough between Meridian and Seneca. KDOT agreed to incorporate this drainage improvement with the paving improvements on I-235 to minimize traffic interruptions. The estimated project cost is not to exceed $500,000. The Finance Department has recommended Local Sales Tax as the funding source. The final billing from KDOT is for $423,055.23. Council Member Ferris Council Member Ferris said it would be a major error to do the project from sales tax. It is not a new project, it was a reconstruction and does not fall within the guidelines. It was not projected to be in the Storm Water Utility which did not exist when the project was approved. And, there are adequate reserves available within the Capital Improvement Program to fund the project. Motion -- Ferris moved that the project be funded from regular general obligation debt contained in the debt and interest fund; and the Resolution be adopted. Motion -- carried carried 6 to 0. (Reeser absent) RESOLUTION NO. R-95- 159 A Resolution authorizing the issuance of bonds by the City of Wichita at-large to construct a drainage structure under the I-235 Freeway at the lower Big Slough (468- 82461), presented. Ferris moved that the Resolution be adopted. Motion carried 6 to 0. (Reeser absent) Yeas: Cather, Cole, Ferris, Kamen, Rogers, Broadfoot. EMERGENCY SEWER MAIN AWARD OF BID FOR EMERGENCY SANITARY SEWER MAIN REPAIRS NORTH OF 31ST STREET REPAIRS SOUTH, EAST OF K-15 HIGHWAY. Agenda Report No. 95-254. On afternoon of Tuesday, March 14, 1995, a section of 42" diameter sanitary sewer main located north of 31st Street South, and east of K-15 Highway was found to be collapsed. The top portions of the pipe as well as portions of the support material under Volutsia street have been swept into the flow of the sewer and are gone. The area currently has a open cavity 15 feet in diameter and 12 feet deep. Due to the emergency nature of the needed repairs, proposals were requested from several utility contractors. The two firms responding provided the following quotes: Wildcat Construction Co. - $25,519 W.B. Carter Construction Co. - $25,700 Each of these proposals provides for pumping flows around the collapsed/missing pipe during the repair, pipe replacement, backfill and street pavement cut replacement. As per Wichita Purchasing Policies Chapter 1, item 5 "EMERGENCIES: resulting from sanitary sewer breaks" repair will be requisitioned through City's Purchasing Department via a Purchase Order. The repair will be funded through Water and Sewer CIP, S4 funds, titled Reconstruction. Motion -- Broadfoot moved that the repair bid be awarded to Wildcat Construction Co. -- carried Motion carried 6 to 0. (Reeser absent) BELT FILTER PRESS PURCHASE OF BELT FILTER PRESS. Agenda Report No. 95-255. On January 31, 1995, Council approved an agreement to amend the contract with Brown & Caldwell for design & construction management services. As a part of the agenda item Council was also apprised of the need to add a fourth belt filter press to meet present and future biosolids dewatering requirements. On February 28, 1995, the City Council approved an amendment to the engineering services contract with MKEC related to the installation of a fourth belt filter press. Presently, the City has purchased and installed three (3) belt filter presses manufacturer by Ashbrook, Simon, Hartley (ASH). All of the belt filter presses currently installed at the sewage treatment plant are ASH equipment. The most recent (1994) acquisition of a belt filter press was by competitive bid and ASH equipment was the low bid. Staff believes that having belt filter presses of the same manufacturer to reduces the cost of inventory and maintenance. Staff and the engineer negotiated a purchase price with the vendor that is $5,000 less than the competitive bid price for the third belt filter press. The negotiated price is subject to a purchase order being issued by March 31, 1995. If the purchase order is not issued by that date the cost will be $162,669, which is identical to the cost of the belt filter press purchased in 1994. Staff recommends that the City purchase a fourth belt filter press from ASH as a sole source purchase. Funds are available for the purchase of this equipment in CIP S-500. USEPA regulations, 40 CFR Part 503, require municipalities to implement approved methods of biosolides treatment, use/disposal. City Ordinance No. 35-856 permits sole source purchases be made subject to approval by the City Council. The Law Department and Purchasing Office have been consulted and concur with this recommendation. Motion -- Broadfoot moved that the sole source purchase be approved and the purchase order -- carried be issued prior to March 31, 1995. Motion carried 6 to 0. (Reeser absent) CHANGE ORDER CHANGE ORDER NO. 1 - REDRILLING FOUR WATER SUPPLY WELLS. Agenda Report No. 95-256. The City of Wichita has 55 water supply wells located in the Equus Beds approximately 25 miles northwest of Wichita. These wells provide approximately 60% of Wichita's water supply. The City currently has a contract with Clarke Well and Equipment Co. to redrill four of the water supply wells in the Equus Beds. These four wells, M-6, M-13, M-34 and M-47, are no longer able to produce water, so in order to continue to utilize the existing water rights and other facilities at those sites, the wells must be redrilled. When the requisition was issued, the designs of these wells were based on the designs of the existing wells, and other previous test wells near the existing wells. However, the specifications called for the contractor to drill new test wells at the sites of the proposed wells, and to evaluate the results of those test drillings to determine the most productive designs for the new wells. Based on those evaluations, this change order is recommended. Based on the test wells, it is recommended: that the depth of well M-6 be decreased by 3 feet, and the amount of screens increased by 24 feet; that the depth of well M-13 be increased by 15 feet, and the amount of screens increased by 23 feet; the amount of screens in well M-34 be decreased by 3 feet; and the depth of well M-47 be increased by 89 feet, and the amount of screens increased by 32 feet. The Change Order to the contract to accomplish those modifications will increase the contract by a total of $17,818.20. These additional costs could not have been determined until the test wells were drilled. The changes in depth of wells and screen lengths have been evaluated by the City's engineer and staff. The alternatives are to make the recommended changes in the design and construction, which will increase the water production from each well, or stay with the original design, which will still yield productive, but less efficient, wells. The original contract price was for $130,807.68, and the total cost of the recommended changes, including sales taxes, is $17,818.20, which will increase the total contract price to $148,625.88. This Change Order is 13% of the original contract amount. These improvements are funded through the CIP, W-385, which has adequate funds to finance the project. Motion -- Broadfoot moved that the Change Order be approved and the Mayor be authorized to -- carried sign. Motion carried 6 to 0. (Reeser absent) SPECIAL ASSESSMENTS AGREEMENT TO RESPREAD SPECIAL ASSESSMENTS IN OAK CLIFF ESTATES 3RD ADDITION RESPREAD AGREEMENT (NORTH OF MAPLE, WEST OF MAIZE ROAD). Agenda Report No. 95-257. The developer, Paul Kelsey, is developing Oak Cliff Estates Third Addition and has submitted an Agreement to respread special assessments in the addition. The lots covered by the Agreement are part of a boundary shift. 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 -- Broadfoot moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Reeser absent) PROPERTY ACQUISITION PROPERTY ACQUISITIONS. a. 1304 W. 55th South for South Lake Complex. (District IV) Agenda Report No. 95-258. The South Lake Park Sports Complex is a mixed-use complex being jointly developed by the City of Wichita, the City of Haysville, and Sedgwick County. Richard Ast owns the property at 1304 W. 55th which is borders the east side of the complex. His property consists of 3.49 acre tract improved with an 1,118 square foot, three bedroom house. The property is legally described as beginning 660 feet west of the southeast corner of Section 19-28-1E, then north 1,052.5 feet, then west 165 feet then south 1,052.5 feet then east 165 feet to the point of beginning except the south 40 feet and east 15 feet of the parcel. His property is in very near proximity to the lake at the park. This property will act as a buffer between the lake and any future third-party development of the eleven acre parcel to the east. The parcel has been appraised $45,000. A review of the appraisal found that the land had been seriously undervalued based on comparable sales. The review estimated the value of the property at $52,000. Mr. Ast has agreed to sell for this value. A budget of $58,000 is requested. This includes $52,000 for the acquisition, $4,000 for demolition, and $2,000 for closing costs, title insurance, survey, and maintenance costs not offset by rent. Motion -- Broadfoot moved that the budget and Agreement be approved and the Mayor be -- carried authorized to sign the necessary documents. Motion carried 6 to 0. (Reeser absent) b. 1003 South Seneca (Tract #5) for the Seneca/McCormick Intersection Upgrade. (District VI) Agenda Report No. 95-259. The Seneca/McCormick Intersection Upgrade Project, approved by Council on June 28, 1994, will require the acquisition of 4 tracts including 3 residential properties and 1 commercial property as well as four partial takes. One of the properties identified for partial taking is identified as Tract #5, located at 1003 South Seneca and is owned by Johnson's General Stores, Inc. Since the estimated value of the taking is less than the limit set by the Federal regulations, no appraisal of the property was required; however, the value of the taking has been estimated at $300. The owner has agreed to sell the property to the City for $300. Funds have been budgeted in the 1994 Capital Improvement Program in the amount of $350,000. A budget of $600 in funds includes: $300 for acquisition, and $300 for closing costs, title insurance, survey, operating and maintenance expenses. This is the fifth tract that the City has acquired for this project. Acquisition costs to date total $145,300 with closing, relocation and demolition costs of $42,100 for a total of $187,400. Motion -- Broadfoot moved that the budget and Agreement be approved and the Mayor be -- carried authorized to sign the necessary documents. Motion carried 6 to 0. (Reeser absent) PROPERTY DISPOSITION SURPLUS PROPERTY DISPOSITION. a. Lots 18-20, Beacon Addition, 1900 Block of Ohio. Agenda Report No. 95-260. The property is legally described as Lots 18- 20 except that part dedicated for alley, Beacon Addition. The property was purchased in order to provide an alley access. The remaining parcel is approximately 30 feet by 130 feet and has little development potential. All City departments and local government entities have been notified and have shown no interest in the property. Since there is no interest in retaining ownership, and because it is costly to maintain, it appears to be in the best interest of the public to declare the property as surplus and offer it for sale to the general public. The City will receive cash consideration for the sale of the property. Motion -- Broadfoot moved that the property be declared surplus and designated as available -- carried for sale to the general public. Motion carried 6 to 0. (Reeser absent) b. Lot 1, Block 4, Goldston Addition, 19th and Valleyview. Agenda Report No. 95-261. The property is legally described as Lot 1, Block 4, Goldston Addition and is located at the corner of 19th St. N. and Valleyview. The property was donated to the City for use as a neighborhood park. Upon review, the Park Department felt that the property was inadequate for park development, and the donor does not have any interest in reclaiming the property. All City departments and local government entities have been notified and have shown no interest in the property. Since there is no interest in retaining ownership, and because it is costly to maintain, it appears to be in the best interest of the public to declare the property as surplus and offer it for sale to the general public. The parcel is in a relatively new subdivision and should be readily marketable. A market study of residential lot sales in the area indicate an estimated sale price of $8,000 plus specials of approximately $14,770. Motion -- Broadfoot moved that the property be declared surplus and designated as available -- carried for sale to the general public. Motion carried 6 to 0. (Reeser absent) (Item No. 19) ENVIRONMENTAL EDUCATION PROGRAMS FOR ENVIRONMENTAL EDUCATION. Chris Cherches City Manager said he would provide the City Council the elements of the programs. In 1993, the Council approved funding for a comprehensive environmental education program. The program was established based on the recommendations of the Citizens' Task Force. The proposed programs are designed to accomplish the objectives of providing community information and education on conservation issues. a) Environmental Education and Information Program Agenda Report No. 95-266. The City Council approved funding for a comprehensive environmental education program. This program was established based on the recommendations of the Citizens' Conservation Task Force which believed that to be successful in achieving conservation in water, reductions in solid waste, and recycling, the City needed to educate and inform its citizenry about the benefits and the need to address environmental issues and concerns. The City Council likewise established its Vision for Wichita's future: that citizens of Wichita would have adequate water, clean lakes and rivers, pollution-free air and landfill space for waste well into the 21st century and beyond. The Wichita Assembly, in its session on Complex Choices, also stressed that an effective educational and informational environmental program is paramount to meeting the challenges of environmental quality. The proposed informational program is designed to accomplish the objectives of providing community information and education on conservation issues. Wichita is not in an emergency state with regard to environmental problems. However, the Citizen's Conservation Task Force believes there is a need to educate and inform citizens of environmental issues before they become emergencies that require forcing environmental regulations and mandates upon the community. Quantitative research performed by Wichita State University's Graduate Research program in late fall of 1994 found that over 80 percent of Wichita citizens do not feel that Wichita is in danger of experiencing a water emergency in the next ten to 20 years. More than 70 percent of citizens polled understood the 1991, 1992 and 1993 "Don't Be A Wally With Water" water conservation messages but did not understand why it is necessary to conserve water in Wichita, where natural resources exist (the Wally Water messages did not answer the question of why conserve, they only told how to conserve). Wichita is not guaranteed an infinite amount of water for the future. Kansas law provides that communities be good stewards with existing water supplies or future water supply sources may not be granted. This is evidenced by conservation programs that are in effect and active in most communities. With environmental education that focuses on water conservation, proper disposal of household hazardous waste, energy conservation and reduction of waste, citizens can become informed of environmental issues and thus have the information necessary to begin making educated decisions and forming positive habits with regard to the environment. The proposed Environmental Education & Information Program will communicate the messages of why conserve and how to conserve to the public via television, radio, print and outdoor posters. Print and outdoor advertising will be placed in various media, including minority publications and produced in Hispanic and Vietnamese languages. In brief, the education and information program will involve many methods and approaches to inform the public about conservation issues, including a school environmental curriculum, printed information focusing on specific topics and audiences, and a conservation "hotline" that the public can access for information. A budget of $270,000 has been allocated for a comprehensive environmental information, education and research program. The proposed information and education plan will cost $199,176.90 for special advertising that is scheduled to begin in April, l995. Advertising space will also be donated to the City in the form of non-paid public service announcement space. b) Schools Environmental Education Curriculum Pilot Program Agenda Report No. 96-263. In 1993 the City Council approved funding for a comprehensive environmental education program. This program was established based on the recommendations of the Citizens' Task Force which believed that to be successful in achieving conservation in water, reductions in solid waste, and recycling, the City needed to educate and inform its citizenry about the benefits and need to address environmental issues and concerns. This task force also stressed the importance of establishing comprehensive environmental education in the form of an environmental curriculum in the Wichita Public Schools. The USD 259 Environmental Committee has expressed the need for a comprehensive environmental curriculum that provides hands-on learning for students and that can be easily accessed and used by classroom teachers. Wichita Public School teachers state that students respond positively to lessons on environmental issues. However, teachers have numerous other curriculums they are responsible for teaching in the classroom. The USD 259 Environmental Committee states that an environmental curriculum that would be successful in the schools is a comprehensive curriculum that can be used in conjunction with other subjects in the classroom, versus one or two activities that are used only once and then shelved. Also essential is a curriculum with lessons that are easy to take into the classroom and don't require numerous materials to complete the lesson (since money for materials is scarce). Finally, the curriculum must be easy to learn for the teachers who do not have environmental interests or backgrounds. The proposed Wichita Public Schools Environmental Education Curriculum would purchase a quality curriculum for use in grades K through 6 and another quality curriculum for use in grades 7 through 12. It will also provide financial assistance to teachers who have little or no budget to purchase needed materials to conduct some lessons in the curriculum. The first year of implementation of the curriculum would be a pilot project: one educator for grades K through 3 at each school would be targeted, one educator for grades 4 through 6 at each school, one educator for grades 7 through 8 at each school, and one educator for grades 9 through 12 at each school. With 70 elementary schools, 15 middle schools, 7 high schools and 3 alternative schools, this is a total number of around 165 educators that would participate in the pilot project. The teachers in the pilot project will attend a one-day workshop in summer of 1995 that will provide hands-on training for teaching the curriculum. The teachers will be asked to take the information and curriculums to their schools and share with other teachers. In essence, the pilot project teachers will become trainers at their schools. Contact with the teachers will be maintained in order to provide help and additional materials, if needed. At the end of the fall 1995 semester, an evaluation session will be held for the teachers to identify the additional local resources and equipment they need to successfully teach the conservation lessons. A budget of $270,000 has been allocated for comprehensive environmental education and information. $165,000 has been allocated for water conservation education. The proposed education program will spend $12,700 on curriculums for grades K-3, 4-6 and 7-12 and materials for those curriculums. Cost comparisons on curriculums show that the average cost for a curriculum for each of 140 classrooms in grades K-6 is $30 ($4,200). The average cost for a curriculum, including necessary water testing kits, for each of 25 classrooms in grades 7-12 is $200 ($5,000). An additional $3,500 ($25 per teacher with 140 teachers) is requested to help K-6 teachers purchase materials needed to complete lessons in the curriculums. Grades 7-12 will not need to purchase additional materials. Each year, a new pilot group will be trained, but additional curriculums will not need to be purchased for teachers in grades K-6. Additional testing kits will need to be supplied to pilot teachers in grades 7-12. Each year, the teachers in the pilot group will receive $25 each to purchase additional materials for activities. Motion -- carried Broadfoot moved that the programs be approved. Motion carried 6 to 0. (Reeser absent) MULTIMEDIA CONTRACT RENEWAL OF CONTRACT WITH MULTIMEDIA TO BROADCAST CITY COUNCIL MEETINGS. Agenda Report No. 95-264. On December 30, 1991, the City of Wichita entered into a contract with Multimedia Cablevision to provide telecasting of the weekly City Council meetings over the City of Wichita cable channel. This contract provided for renewal for an additional term under the same terms and conditions if such renewal was acceptable to both the City of Wichita and Multimedia Cablevision. An extension of the contract from January 1, 1995, through December 31, 1995, was proposed by the City of Wichita and has been accepted by Multimedia. The terms of the contract remain the same and the contract is subject to cancellation on thirty (30) days notice. Funds for renewal of the contract were included in the 1995 budget. Motion -- carried Broadfoot moved that the contract extension be approved. Motion carried 6 to 0. (Reeser absent) FIRST RESPONDER AGMT. ENHANCED FIRST RESPONDER AGREEMENT. Agenda Report No. 95-265. In 1987, the governing bodies of the City of Wichita and Sedgwick County entered into an Agreement for Mutual Aid Fire Protection. Under this agreement the Chiefs of the Wichita Fire Department and Sedgwick County Fire District Number One were given the authority to develop and administer a First Responder Fire/Medical Operations Agreement. The fire operations staff of both fire departments have worked on the Enhanced First Responder Agreement which will increase the effectiveness of both departments by better utilizing personnel, decreasing response times and make more effective the dispatching of fire units. In addition, by making the changes addressed in the agreement, the firefighting capabilities of the two departments will be enhanced to permit two large or major incidents to be handled effectively in either jurisdiction by the response of the closest units, combined with automatic fill-in of vacant stations. The agreement is not estimated to result in any current monetary savings to either department since most of the changes under the agreement are procedural. For those changes which involve an expenditure of funds, the implementation of the change will be subject to the budget process. Motion -- carried Broadfoot moved that the Agreement be received and filed. Motion carried 6 to 0. (Reeser absent) LEGAL SERVICES CONTRACT CONTRACT FOR LEGAL SERVICES FOR AUTOMOBILE LIABILITY. Agenda Report No. 95-266. In 1990, the City became self-insured with respect to claims made arising out of automobile accidents involving a City driver. Since that date, the City has used the services of the law firm of Hershberger, Patterson, Jones & Roth to handle personal injury claims and significant property damage claims (in excess of $2,500). This legal work has been satisfactorily performed by the Hershberger firm for the past 5 years. The fee charged by the firm over that 5 year period has been a flat rate of $500 per month. That fee is continued in the proposed contract for the year 1995. The firm is reimbursed for actual expenses such as long-distance, postage, copying, etc. The contract is terminable by either party on thirty days written notice. The fees and expenses associated with this outside legal work are paid from the tort liability fund. Motion -- Broadfoot moved that the Contract be approved and the City Manager be authorized -- carried to execute. Motion carried 6 to 0. (Reeser absent) (Item No. 23) PROPERTY ACQUISITION ACQUISITION OF 63.1 ACRES AT 3725 WEST 71ST STREET SOUTH ABUTTING THE ARKANSAS RIVER. Chris Cherches City Manager reviewed the Item. Agenda Report No. 95-267. The Department of Parks and Recreation has identified 63.1 acres of partially wooded land on the Arkansas River at its confluence with the Wichita/Valley Center Flood Control Project. This parcel is immediately south of 40 acres which the City currently has under contract for purchase. These parcels are adjacent to woodlands on publicly owned property along the river. The combination of these parcels will result in a 200+ acre assemblage adjacent to the Big Arkansas River both inside and outside the flood control levy of which approximately half will be woodlands. The proposed acquisition is located in the area that has been designated in both the current Comprehensive Plan for Parks and Public Open Space and the prior, adopted Comprehensive Plan as a "regional riverside" park. The property is currently utilized as farmland with a residence and is owned by Raymond G. Kurtz. The Department of Parks and Recreation negotiated a purchase price of $175,150 and has entered into an Option to Purchase with the owner of the property. The City may acquire this property in one payment or extend it over future year allocation. The transaction, as currently structured, provides that payment is to be made over a period of time with $60,000 due at closing and $18,000 payable annually for eight years. The seller has the right to demand payment in full at any time after February 1996. The bonding resolution will allow the sale of general obligation bonds. Funds for acquisition will be provided from the Park Department's CIP budget. This is an unbudgeted expenditure, and as such, 1995 funding for another park project will have to be reduced to account for this acquisition. Motion -- Rogers moved that the acquisition of property be approved; staff be allowed to negotiate the terms and conditions preferred by the City Council; and the Bonding -- carried Resolution be adopted. Motion carried 6 to 0. (Reeser absent) RESOLUTION NO. R-95- 158 A Resolution approving the acquisition for park purposes of certain real property located at 3725 East 71st Street South and declaring it to be the intention of theCity to issue General Obligation Bonds in an amount not to exceed $70,000.00 to pay all or a portion of the costs of such acquisition, presented. Rogers moved that the Resolution be adopted. Motion carried 6 to 0. (Reeser absent) Yeas: Cather, Cole, Ferris, Kamen, Rogers, Broadfoot. EMINENT DOMAIN AWARD PAYMENT OF SUPPLEMENTAL APPRAISERS' AWARD IN CONNECTION WITH EMINENT DOMAIN - PAYMENT CASE NO. 94C1784. (District V) Agenda Report No. 95-268. On February 14, 1995, the court-appointed appraisers filed their award on the four tracts of land that the City had filed eminent domain proceedings to acquire in connection with planned improvements to U.S. Highway 54 from Hoover to Ridge Rd. On that same day the Council approved the payment of the awards, fees and expenses in order that the rights-of-way condemned could be acquired by February 15, 1995, the date of the commencement of the construction contract for the highway improvements. Shortly after the payment of the award by the City, the court-appointed appraisers notified the City and the Court that they had made an error in calculation that affected two of the tracts. Correction of the error resulted in an increase in the awards on Tracts 6 and 7. The award for the taking on Tract 6 (McDonald's) is increased by $3,811 and the award for the taking on Tract 7 (Sam's) is increased by $12,491. The City is required to pay these additional monies into the Clerk of the District Court in order to perfect its acquisition of the right-of-way acquired from these two landowners. These costs are to be charged to the project. The amount to be paid to the Clerk of the Court for this supplemental award is $16,302. In order for the City to perfect its acquisition of the right-of-way taken from these properties it must pay the amount of the supplemental award into the Court. Motion -- Broadfoot moved that payment to the Clerk of the District Court of the supplemental appraisers' award in the total amount of $16,302 be authorized. -- carried Motion carried 6 to 0. (Reeser absent) ORDINANCES SECOND READING ORDINANCES. (First Reading 3/21/95) A. Water Project Assessing Ordinances. ORDINANCE NO. 42-646 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of constructing of Water Distribution System Number 448-88717, Lakeside Park and Unplatted Tracts (east of Ridge, south of 29th Street North) 448-88717/731786/470-255, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Reeser absent) Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. ORDINANCE NO. 42-647 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of constructing of Water Distribution System Number 448-88539, The Moorings Addition (west of Meridian, south of 53rd Street North) 448- 88539/731802/470-257, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Reeser absent) Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. ORDINANCE NO. 42-648 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of constructing of Water Distribution System Number 448-88540, The Moorings Addition (west of Meridian, south of 53rd Street North) 448- 88540/731810/470-258, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Reeser absent) Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. ORDINANCE NO. 42-649 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of constructing of Water Distribution System Number 448-88728, Lake Ridge 2nd Addition (north of 21st, east of Ridge) 448-88728/731877/470- 264, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Reeser absent) Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. ORDINANCE NO. 42-650 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of constructing of Water Distribution Number 448-88711, Belle Terre Addition (south of Central, west of 159th Street East) 448-88711/731927/470- 270, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Reeser absent) Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. ORDINANCE NO. 42-651 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of constructing Water Distribution System Number 448-88772, (east of Maize, south of Harry) 448-88772/731943/470-272, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Reeser absent) Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. ORDINANCE NO. 42-652 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of constructing Water Supply Line, White Tail Addition (south of 13th, west of 127th Street East) 448-88757/731950/470-273, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Reeser absent) Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. ORDINANCE NO. 42-653 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of constructing Water Supply Line, White Tail Addition (south of 13th, west of 127th Street East) 448-88758/731968/470-274, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Reeser absent) Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. ORDINANCE NO. 42-654 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of constructing Water Distribution System Number 448-88760, White Tail Addition (south of 13th, west of 127th Street East) 448- 88760/731976/470-275, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Reeser absent) Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. ORDINANCE NO. 42-655 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of constructing Water Distribution System Number 448-88761, White Tail Addition (south of 13th, west of 127th Street East) 448- 88761/731984/470-276, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Reeser absent) Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. ORDINANCE NO. 42-656 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of constructing Water Distribution System Number 448-88762, White Tail Addition (south of 13th, west of 127th Street East) 448- 88762/731992/470-277, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Reeser absent) Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. ORDINANCE NO. 42-657 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of constructing Water Distribution System Number 448-88763, White Tail (south of 13th, west of 127th Street East) 448-88763/732008/470-278, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Reeser absent) Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. ORDINANCE NO. 42-658 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of constructing Water Distribution System Number 448-88764, White Tail (south of 13th, west of 127th Street East) 448-88764/732016/470-279, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Reeser absent) Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. ORDINANCE NO. 42-659 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of constructing Water Distribution System Number 448-88765, White Tail (south of 13th, west of 127th Street East) 448-88765/732024/470-280, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Reeser absent) Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. ORDINANCE NO. 42-660 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of constructing Water Distribution System Number 448-88766, White Tail (south of 13th, west of 127th Street East) 448-88766/732032/470-281, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Reeser absent) Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. ORDINANCE NO. 42-661 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of constructing Water Distribution System Number 448-88704 (north of 29th St North, west of Ridge) 448-88704/732073/470-285, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Reeser absent) Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. ORDINANCE NO. 42-662 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of constructing Water Distribution System Number 448-88705 (north of 29th St North, west of Ridge) 448-88705/732081/470-286, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Reeser absent) Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. ORDINANCE NO. 42-663 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of constructing Water Distribution System Number 448-88802, Reflection Ridge 6th Addition (south of 29th Street North, west of Ridge) 448- 88802/732099/470-287, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Reeser absent) Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. ORDINANCE NO. 42-664 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of constructing Water Distribution System Number 448-88609, Briarwood Estates 6th Addition (south of 13th, east of 119th Street West) 448-88609/732107/470-288, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Reeser absent) Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. ORDINANCE NO. 42-665 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of constructing Water Distribution System Number 448-88827 (north of Maple, east of 135th Street West) 448-88827/732115/470-289, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Reeser absent) Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. ORDINANCE NO. 42-666 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of constructing Water D