MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, May 14, 1996 Tuesday, 9:05 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cole, Gale, Rogers; present. Council Members Cather, *Ferris, *Kamen; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. *Council Member Kamen present. The invocation was given by Rev. Con Edwards, Pilgrim Congregational Church. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. Minutes -- The minutes of the regular meeting of May 7, 1996, were -- approved approved 5 to 0. (Cather, Ferris; absent) AWARDS AND PRESENTATIONS Presentation of Fire Pumpers was made to Cancun, Mexico Official. PROCLAMATIONS Mayor Knight presented the Proclamations previously approved. PUBLIC AGENDA COMMENTS BY MICHAEL W. DUNAGAN. This Item was withdrawn from the Agenda. COMMENTS BY STANTON PARKER AND LEON HAVERKAMP. Stanton Parker Stanton Parker, Veteran, asked for the City's assistance in acquiring Sunnyside School and in applying for grant moneys. *Council Member Ferris present. Leon Haverkamp Leon Haverkamp, Wichita Veterans' Center, explained that the proposal is for Sunnyside School property be used as a complete resource center to assist veterans who are unable to care for themselves and to assist non-veterans to connect with available resources. Programs proposed to be offered are: personal hygiene, nutrition, residence, medical, dental, employment, readjustment counseling, and outreach. The request is for the City's assistance in problem solving, removing barriers, and support in developing and establishing the program. Mayor Knight Mayor Knight referred the matter to the City Manager for an assessment of the request. UNFINISHED BUSINESS PAVING PETITION PETITION TO PAVE ARAPAHO FROM MAPLE TO TAFT. (District V) Continued from May 7, 1996. Mike Lindebak City Engineer reviewed the Item. The petition represents 59 percent (and 10 of 18 owners) of the improvement district. A protest petition was signed by 8 of 18 property owners (40 percent), and one signer of the petition also signed the protest petition. If the one person who signed the protest petition were removed from the signers of the petition for the project, the petition would still be valid. A 2-inch reduction of pavement thickness would reduce the cost of the project by less than 4 percent but might reduce the design life by almost 40 to 50 percent. If ditches were to be dug, right-of-way would have to be purchased or owners would have to allow the up to 6 feet deep (about 2½ feet deep at the north end to 6 feet deep) ditches on their property. There may also be problems with gas lines in the ditches. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Council Member Ferris Council Member Ferris said there will be high assessments on the project but there is a 52½ percent petition and it appears a majority owners want the paving. Motion -- Ferris moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 6 to 0. (Cather absent) RESOLUTION NO. R-96-186 Resolution of findings of advisability and Resolution authorizing improving of Arapaho from the south line of Maple to the north line of Taft right-of-way Project No. 472- 82716 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. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. NEW BUSINESS PAVING PETITION PETITION TO PAVE NEVADA FROM CENTRAL TO ELM. (District V) Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 96-395. The signatures on the petition represent 53% (17 of 32 owners) of the improvement district area. CPO Council 5 considered the petition on April 24, 1996. The Council voted 5- 1 to recommend approval of the project. Nevada is a sand road that serves a single- family neighborhood and retail properties. The estimated project cost is $70,000, with the total assessed to the improvement district. The assessment rate to individual properties is $00.19 per square foot of ownership. Motion -- Ferris moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 6 to 0. (Cather absent) RESOLUTION NO. R-96-187 Resolution of findings of advisability and Resolution authorizing improving of Nevada Street from the north line of Central to the south line of Elm Street Project No. 472- 82724 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. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. STREET CLOSURE PROPOSED CLOSURE OF ROOSEVELT SOUTH OF KELLOGG. (District II) Bill McKinley Traffic Engineer reviewed the Item. Agenda Report No. 96-396. On December 12, 1995, the City Council approved the closure of Bluff, Fountain, Belmont, Crestway, Terrace, Pershing and Dellrose north of Kellogg in anticipation of the Kellogg freeway project. Area residents on Roosevelt and Quentin presented a majority petition to close Roosevelt at Kellogg. Both streets were petitioned since they both connect one block south of Kellogg. The petition area was on Roosevelt and Quentin from Kellogg to Lincoln/Morris. The Traffic Commission considered this item on April 17, 1996 and recommended that the closure be approved. When the Kellogg/Oliver Interchange is constructed, these streets will be permanently closed without direct access onto Kellogg. Closing these streets now will reduce the accident potential, but will also require an expenditure of funds to temporarily sign and barricade the requested closures. The estimated cost to install the temporary barricades by the City's Traffic Maintenance section is $1,500. The work will be performed by City crews without any increase in the Traffic Maintenance budget. Motion -- Kamen moved that the April 17, 1996, Traffic Commission Meeting Minutes be received and filed, and the closure of Roosevelt, south of Kellogg, be approved. -- carried Motion carried 6 to 0. (Cather absent) SOLID WASTE MANAGEMENT PUBLIC COMMENT ON SOLID WASTE MANAGEMENT. There were no comments. PLAYGROUND EQUIPMENT PLAYGROUND EQUIPMENT MATCHING FUND POLICY. Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-397. To provide an opportunity for neighborhood groups to have playground equipment installed in their neighborhood parks, the Park Department proposes adoption of a policy for funding playground projects requested by neighborhood organizations. Under this "matching funding" policy, the City and the neighborhood organization would partner to provide funding to purchase and install playground equipment for neighborhood parks. Neighborhood groups have frequently requested the City to install new playground equipment in their neighborhood parks. However, these requests exceed the budget allocations for park equipment. In some cases, neighborhood associations have offered to share in the cost of new equipment by providing partial funding for playground equipment in neighborhood parks. Cooperative playground projects (using matching funding) were implemented by the Park Department on a trial basis in 1995 and received positive response by participating neighborhoods. The proposed policy establishes a funding mechanism through the Park Department's CIP wherein the City and the neighborhoods share equally in the funding of new or additional playground equipment. From the Park Department's annual CIP allocation, the City would provide a maximum of $15,000 per project. In addition, any part of the allocation reserved for the neighborhood match that is unused after September 1 each year would be utilized by the Park Department to assist with replacement of playground equipment. The City's Capital Improvement Program allocates $40,000 annually for the purchase of playground equipment. The matching policy proposes that from these funds, a maximum of $15,000 be allowed per playground project. Chris Cherches City Manager, responding to questions, said the Riverside Park improvements would fall under the 1995 CIP and would be handled differently than the 1996 CIP improvements. Council Member Kamen Council Member Kamen said he would like to see a list of projects already done or coming up. The projects should not be skewed to any one area and there may be some neighborhoods which cannot come up with the matching funds. Council Member Kamen said he also would need to be convinced that $15,000 was the appropriate cap. Chris Cherches City Manager explained that park equipment that is dangerous is considered the City's obligation to maintain in a safe manner. This equipment would not count in the dollar amount. The $15,000 amount is on a one-time basis and will not recur from year to year. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Elizabeth Bishop Elizabeth Bishop said money was made available for five parks in 1995. This process lets the citizens take initiative in dealing with the parks in their neighborhoods, shows that the project is endorsed by the community, encourages community building and relationships among people in the neighborhood, makes fund raising easier because of the match, and doubles the money available for park equipment. Motion -- Cole moved that the matching funding policy for purchase and installation of -- carried neighborhood playground equipment be approved. Motion carried 6 to 0. (Cather absent) CONSENT AGENDA Knight moved that the Consent Agenda, except Item 9, be approved in accordance with the recommended action shown thereon. Motion carried 6 to 0. (Cather absent) BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED MAY 13, 1996. (Item No. 9) At 10:00 a.m., Friday, May 10, 1996, pursuant to advertisements published, bids were received, publicly opened, read aloud and tabulated for the Board of Bids and Contracts: (Ref: Bid analysis report attached to Board of Bids Minutes May 13, 1996) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS 1996 Contract Maintenance Micro-Surface Seal of Arterial Asphalt Streets at various locations. (132274/112000) Traffic to be maintained during construction. (Council approval date 01-23-96) (District all) Ballou Construction - $72,700.00 (Engineer's Construction Estimate) 1996 Contract Maintenance Surface Milling and Asphalt Concrete Overlay of Arterial Streets, Phase II, at: Intersections of 21st N and Woodlawn and 21st N and Rock Road. (132282/621326 (MH Adj)/112000) Traffic to be maintained through construction. (Council approval date 01-23-96) (District II) Cornejo & Sons - $123,408.00 (Engineer's Construction Estimate-Negotiated) 1996 Contract Maintenance Asphalt Rehabilitation of Asphalt Streets at various locations. (132316/112000) Street closed during construction. (Council approval date 01-23-96) (District all) Cornejo & Sons - $170,500.00 (Engineer's Construction Estimate-Negotiated) Kamen moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign for the City. Motion carried 6 to 0. (Cather absent) PUBLIC WORKS/FLEET & BUILDINGS: OFFICE RECEPTIONIST COUNTER MODIFICATIONS (791293) AS PER SPECIFICATIONS Coast To Coast Builders, Inc. - $15,350.00 (Architects Estimate) HEALTH DEPARTMENT/PERSONAL HEALTH: FLU VACCINE (674242-3904) AS PER SPECIFICATIONS Parke-Davis, Division of Warner-Lambert Co. - 45,600.00 (Total Net Bid) HUMAN SERVICES/WHA: TREE MAINTENANCE (127027) AS PER SPECIFICATIONS Tru Green/Chem Lawn - $16,295.00 (Total Net Bid) Item 1 - $ 10.00 Per Each Item 2 - $ 10.00 Per Each Item 3 - $ 10.00 Per Each Item 4 - $ 45.00 Per Each Item 5 - $ 50.00 Per Each Item 6 - $ 65.00 Per Each Item 7 - $185.00 Per Each Item 8 - $200.00 Per Each Item 9 - $225.00 Per Each Item 10- $ 10.00 Per Each Item 11- $100.00 Per Each Item 12- $350.00 Per Each PARK DEPARTMENT: CHLORINE CYLINDER (1744284)AS PER SPECIFICATIONS Van Waters & Rogers - $84.75 Per Cylinder WATER & SEWER/PROD & PUMP: MOTOR REPAIR (181677-3408) AS PER SPECIFICATIONS Southwest Electric Company - $8,489.00* (Total Net Bid) Additional Cost #1 - 50.00* Per Hour Additional Cost #2 - 65.00* Per Hour *Plus Applicable Sales Tax PUBLIC WORKS/FLEET & BUILDINGS: ELEVATOR MODIFICATIONS AT CENTURY II (617530-2505) AS PER SPECIFICATIONS Group 1 - Dover Elevator Co. - $70,408.00 (Total Net Bid) Group 2 - Linder & Associates Inc. - $11,348.00 (Total Net Bid) Kamen moved that the contract(s) be awarded as outlined above, same being the lowest and best bid. Motion carried 6 to 0. (Cather absent) GENERAL GOVERNMENT/PROPERTY MANAGEMENT: LAWN MOWING, TRIMMING & EDGING SERVICES (205021) AS PER SPECIFICATIONS Council Member Kamen Council Member Kamen explained that a person had contacted him and indicated a desire to speak on a rejected bid matter. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. CITY MANAGER: PUBLICATION OF LEGAL NOTICES (032102) AS PER SPECIFICATIONS Chris Cherches City Manager explained that he has had contact with others who are interested in bidding on this Item and asked that the item be deferred two weeks. Kamen moved that, except for the legal publication item and the lawn mowing item, the contract(s) be awarded as outlined above, same being the lowest and best bid; and that the legal publication and lawn mowing items be deferred two weeks. Motion carried 6 to 0. (Cather absent) CMB APPLICATIONS Applications for Licenses to Retail Cereal Malt Beverages. Renewal 1996 (Consumption on Premises) Nhung Nguyen My Canh* 3141 S. Hillside, Suite 105 Paul A. Eck Family Home Assoc., Inc.* 3202 W. 13th (Consumption off Premises) Roy E. Brockmeier Quik Trip #347 1532 S. Seneca James A. Caffarelli Osco Drug Store #21478131 E. Kellogg James A. Caffarelli Osco Drug Store #2148601 N. West, Suite 100 Special Event 1996 Mary T. Dunaway Wichita Boathouse 335 W Lewis Balcony Bash (May 18) Jay F. Wells Wells Concessions101 S McLean Blvd (May 18) Kristi L. Parker Wichita Pride, Inc. 2828 E. 31st So. Street dance (June 7) Kristi L. Parker Wichita Pride, Inc.Old Cowtown Muesum Pridefest '96 *General Retailer--beer sales derive less than 50% of gross revenues. Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 6 to 0. (Cather absent) PLANS AND SPECS. PLANS AND SPECIFICATIONS. a. University Avenue from the east line of McComas to the east line of Kessler, Quincy Addition. (472- 82636/763300/490433) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 08-29-95) (District IV) b. Knight Street from University to Taft, Quincy Addition. (472-82649/763425/490445) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 08-29-95) (District IV) c. Kessler from Taft to University, Quincy Addition. (472-82635/763318/490434) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 08-29-95) (District IV) d. University from Kessler to Knight, Quincy Addition. (472-82683/763581/490461) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 08-29-95) (District IV) e. 1996 Contract Maintenance Chip Seal of asphalt streets at various locations. (131607/112000) Traffic to be maintained through construction. (Council approval date 01- 23-96) (District all) f. Relocation of an existing 16" water line along Seneca at I-235. (448-88977/635037/533) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 07-18-96) (District IV) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., May 24, 1996. Motion carried 6 to 0. (Cather absent) g. Northwest Transmission Line, Phase I from the Hess Pump Station to McLean Boulevard at Central Avenue. (448-88894/632208/533) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 07-18-95) (District IV & VI) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., May 31, 1996. Motion carried 6 to 0. (Cather absent) SUBDIVISION PLANS AND SPECIFICATIONS. a. Water Distribution System to serve Fox Pointe 2nd Addition (west of Webb, south of 29th). (448- 89019/733170/470395) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 03-26-96) (District 2) b. Water Distribution System to serve Forest Lakes Addition (north of 29th, west of Ridge). (448- 89021/733188/470396) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 04-02-96) (District 5) c. Lateral 130, War Industries Sewer to serve Fox Pointe 2nd Addition (west of Webb, south of 29th). (468- 82580/742718/480363) Does not affect existing traffic. (Council approval date 03-26-96) (District 2) d. Lateral 13, Main 17, Southwest Interceptor Sewer to serve Forest Lakes Addition (north of 29th, west of Ridge). (468-82577/742726/480364) Does not affect existing traffic. (Council approval date 04-02-96) (District 5) e. Lateral 26, Main 1, Cowskin Interceptor Sewer to serve Marshall Addition (east of Maize, north of Kellogg). (468-82573/742635/480355) Does not affect existing traffic. (Council approval date 02-27-96) (District 5) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., May 24, 1996. Motion carried 6 to 0. (Cather absent) PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. Water Supply Line to serve Balthrop Addition (north of Central, east of Greenwich). (448-89015/733121/470390) - $141,400.00. Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 03-19- 96) (District n/a) b. Water Distribution System to serve Balthrop Addition (north of Central, east of Greenwich). (448- 89016/733139/470391) - $75,750.00. Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 03-19-96) (District n/a) c. Water Distribution System to serve Balthrop Addition (north of Central, east of Greenwich). (448- 89017/733147/470392) - $187,250.00. Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 03-19-96) (District n/a) d. Water Supply Line to serve Hickory Creek Estates Addition (south of 13th, west of 119th Street West). (448-88980/733071/470385) - $141,000.00. Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 04-30-96) (District V) e. Lift Station and Force Main in connection with Laterals 1 and 2, Main 18, Southwest Interceptor Sewer to serve Hickory Creek Estates Addition (south of 13th, west of 119th Street West). (468-82561/742593/480351) - $150,000.00. Does not affect existing traffic. (Council approval date 04-30- 96) (District V) f. Main 18, Southwest Interceptor Sewer and Pump Station (#18) to serve an unplatted tract and Buckhead and Hickory Creek Estates Addition (south of 13th, west of 119th Street West). (468-82560/742585/480350) - $165,240.00. Does not affect existing traffic. (Council approval date 04-30-96) (District V) g. 1996 Contract Maintenance Asphalt Rehabilitation of Asphalt Streets at various locations. (132316/112000) - $187,750.00. Street closed during construction. (Council approval date 01-23-96) (District all) h. 36" Water Main and appurtenances along McLean from Walnut to Maple. (448-88912/633487/544224) - $850,000.00. Traffic to be maintained during construction using flagpersons and barricades. Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 6 to 0. (Cather absent) STATEMENTS OF COST STATEMENTS OF COST. a. (Amended First Partial Estimated Cost) Seneca, from 31st Street South to Kellogg. Financing to be issued at this time - $465,000.00. (706259/472-82656/04-405- 179) b. (Amended First Partial Estimate of Cost) Central Business District Traffic Signals. Financing to be issued at this time - $110,000.00. (710160/472-82637/04-410- 067) Motion -- Knight moved that the Statements of Cost be approved and filed. Motion -- carried carried 6 to 0. (Cather absent) BOARDS MINUTES MINUTES OF ADVISORY BOARDS. CPO Northeast 1, 4/22/96 CPO Southeast 3, 4/25/96 CPO Southwest 4, 4/25/96 CPO Northwest 5, 4/24/96 CPO Coordinating Board, 4/3/96 Public Art Advisory Board, 4/15/96 Wichita Employees' Retirement System, 4/17/96 Wichita Police & Fire Retirement Board, 4/17/96 Wichita/Sedgwick County Alcohol & Drug Abuse Advisory Board, 4/25/96, 4/11/96 Wichita/Sedgwick County Emergency Communications Advisory Board, 4/18/96 Wichita/Sedgwick County Solid Waste Management Committee, 4/1/96 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 6 to 0. (Cather absent) STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. There were no street closures/uses considered. CONTRACTS/AGREEMENTS AMENDMENT OF CONTRACT WITH JOHN TERRY MOORE FOR PROFESSIONAL SERVICES. Agenda Report No. 96-398. A counterclaim was filed by the defendants in the Eighteenth Judicial District case captioned Enterkin v. Welty and Thomas, Case No. 94 C 2412. The City retained Special Counsel to represent its employee, Carl Enterkin. The amount of the original contract has been reached, making it necessary for a supplemental contract. Legal fees and costs have exceeded the original contract amount. By the Amended Agreement, the City of Wichita will continue to use the services of John Terry Moore of the Hinkle Eberhart law firm to provide legal advice and representation in the counterclaim against the City's employee. The Amended Agreement is for a not-to-exceed sum of $12,000. These services will be paid out of the Tort Liability Fund (Index Code 040063). Motion -- Knight moved that the Agreement amendment be approved and the Mayor be authorized -- carried to execute. Motion carried 6 to 0. (Cather absent) (Item 17 b) LANDFILL CONTRACT EXTENSION OF LANDFILL OPERATING CONTRACT. (District VI) Agenda Report No. 96-399. The current Agreement, dated May 14, 1991, with Herzog Waste Management, Inc. (now Herzog Environmental Inc.) to operate Brooks Landfill expires June 30, 1996. On November 21, 1995, the City Council directed staff to negotiate an extension with Herzog to operate Brooks for one year from July 1, 1996, to June 30, 1997, renewable annually. Based on Council directives, staff has negotiated an Agreement with Herzog. It will extend the current Agreement, with modifications to address present conditions at Brooks, and solid waste directives of the City Council. The changes include: 1) The tipping fee will be reduced to reflect improvements (fencing, trees and paving) which have been paid for in the initial contract. This reduction amounts to $0.78 per ton, effective July 1, 1996. 2) The contract provides for rate adjustments indexed to expected changes in trash volume, resulting from the City's efforts at waste reduction. The contractor's cost per ton of handling the waste increases as total volumes are reduced, as many of the costs of the operation are fixed and must be paid even if the volumes are reduced. (Conversely, if volumes increase, the cost per ton goes down.) The City and Herzog have negotiated a rate increase of .5% for each 1% reduction in projected volume for the contract year. The adjustment will be based on a baseline volume of 532,000 tons per year from past performance. A provision is also included which would reduce rates by .25% for any 1% increase in projected volumes. Any rate adjustment for volume will take effect on January 1, 1997, at the same time the Consumer Price Index adjustment is made. With bans on yard waste and construction/demolition waste proposed for 1997, the expected volume reductions will be projected for January 1 through June 30, 1997, and rate adjustments for volume will be negotiated for this period. These adjustments will be brought before the City Council for approval this fall. 3) The Agreement provides for a one-year extension, through June 1997, and allows the contract to be extended beyond that date, unless terminated by either party with a nine-month advance written notice. The tipping fee as of July 1, 1996 will be $14.69 (reduced from the present rate of $15.47). The City's share of the reduction is 25% or $.20 per ton. This will result in lost revenues to the City of approximately $100,000. Any further adjustments to the rate due to future programming for environmental programs or siting issues will be brought to the Council for their review. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Cather absent) (Later in the meeting, the Council returned to this Item and action is shown below.) Motion -- carried Ferris moved that Item 17 (b) be reconsidered. Motion carried 6 to 0. (Cather absent) Council Member Ferris Council Member Ferris said it was his understanding that when the City approved the contract for a one-year extension it was because the City was waiting for information on whether Brooks would be approved and would not find out until October of 1996. Council Member Ferris questioned whether the City could actually give enough notice (9 months) as required in the contract extension. The intent was for the City to go through another bid process for the next five years. If there is to be a 9 month written notice, perhaps notification should be made now that the contract would be terminated in June of 1997. Then the RFP process would be gone through. Motion -- Ferris moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Cather absent) WATER SUPPLY AGREEMENT EMERGENCY WATER SUPPLY FOR KECHI - WATER SUPPLY AGREEMENT AMENDMENT. Agenda Report No. 96-400. Wichita supplies water under wholesale agreements to the cities of Park City and Kechi. Park City has its own source of water supply and uses Wichita's water to supplement that water supply. Kechi relies solely on Wichita for its water supply. Kechi has asked Park City to provide an emergency source of water supply to Kechi. Park City's agreement with Wichita requires that they obtain Wichita's consent before connecting their water system to any entity outside their corporate limits. Staff believes it is reasonable and prudent for Kechi to seek an emergency source of water supply. The amendment to the agreements with Park City and Kechi will require that: 1) Kechi install backflow prevention at their connection to Wichita, 2) the connection remain closed except during a water supply emergency, and; 3) Kechi holds Wichita harmless from any adverse water aesthetics produced as a result of blending dissimilar waters from Park City and Wichita. The amendment will remain in effect during the term of the water supply agreement with Park City (i.e. through March 19, 2025). Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Cather absent) JTPA PIC CONTRACT 1996-98 PRIVATE INDUSTRY COUNCIL ADMINISTRATIVE CONTRACT Agenda Report No. 96-401. The City of Wichita Human Services Department has been designated as the grant recipient and program administrator for Job Training Partnership Act (JTPA) Title II programs by the Private Industry Council (PIC) of Service Delivery Area (SDA) IV. These programs include Title II-A and II-C activities, which provide adult and youth year-round job training, and the Title II-B program for summer youth employment and academic enrichment. SDA IV includes Butler, Cowley, Sumner, Harper, Kingman and Sedgwick counties. The 1996-98 PIC/City of Wichita Agreement, which takes effect on July 1, 1996 and runs through June 30, 1998, contains no substantive changes from the current Agreement between PIC and the City of Wichita. The Agreement codifies the PIC's designation of grant recipient and program administrator and specifies City administrative duties and PIC responsibilities. Planning figures indicate the contract will provide first-year JTPA funding of $1,951,527. That amount includes $796,330 for II-A (adult) programs, $130,845 for II-C (youth) programs, and $1,024,352 for II-B programs ($732,352 of the II-B amount was just recently allocated by congressional action). JTPA funding for the second year of the contract are not available at this time. No general fund moneys are obligated by this contract. Motion -- Knight moved that the Contract be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Cather absent) STATE OFFICE BUILDING CHANGE ORDER #9 FOR THE STATE OFFICE BUILDING PROJECT Agenda Report No. 96-402. On March 16, 1993, a contract was awarded to Midwest Titan, Inc., of Olathe, Kansas, to renovate the State Office Building. The renovation of the former Dillard's building was completed in October, 1994, providing 223,000 square feet of office and support space for over 1,000 state employees representing ten state agencies. The base contract has been amended by Change Orders 1 through 8, as approved by the City Council, increasing the total contract amount by $1,181,380, from $10,762,500 to $11,943,880. Of the total change order amount, the City has paid $561,176 for items required by the project architect due to unforeseen conditions and the State has paid $436,605 for State requested and financed items. State requested items have included office remodeling work to accommodate tenant agencies and installation of specialized telecommunications fixtures and equipment. Change Order No. 9 is the last change order and covers only items requested by the State and paid for directly by the State as follows: (State initiated Change Order "D") $17,739.49 Reimburse Contractor for additional cost incurred during performance of Change Order No. 3, Item 1. Total Change Order No. 9 $17,739.49 The work was requested by the State and the State has agreed to pay the requested amounts directly to the contractor. Motion -- Knight moved that the Change Order be approved and the Mayor be authorized to -- carried sign. Motion carried 6 to 0. (Cather absent) PROPERTY ACQUISITIONS 443 S. CRESTWAY (TRACT #5) FOR THE EAST KELLOGG/OLIVER IMPROVEMENT PROJECT. (District II) Agenda Report No. 96-403. The East Kellogg/Oliver Improvement Project received final approval and findings of no significant impact on all historic and environmental issues from the Federal Government in September 1995 and the City was given permission to begin active acquisition in the corridor. At the time of the granting of permission, there were 54 tracts not under contract. Council approved the hiring of Land Acquisitions, Inc. to negotiate the remaining property acquisitions and relocations. One of the parcels to be acquired is located at 443 S. Crestway (Lots 45 and 46, Block 8, Merriam Park Place Addition to Wichita) and is owned by Steven I. and Carolyn H. Bryant. The property has 7,500 square feet of land. Improvements consist of a 1,676 square foot, two-story, single family residence. The building is owner occupied. The acquisition was appraised at $95,500 and the review appraiser concurred with this value. This amount was offered to the owner and was accepted. As this acquisition has been approved as part of the Kellogg/Oliver Interchange Project, Federal funds will be available to offset 80% of the the transaction cost. The subject tract was approved for condemnation but continued negotiations proved successful. Funds have been budgeted in the 1994 Capital Improvement Program. The funding source will be General Obligation bonds paid by local sales tax revenues. A budget of $137,000 includes: $95,500 for acquisition, $5,000 for eventual demolition, $34,500 for relocation and $2,000 for closing costs, title insurance, etc. Council action has approved $17,781,134 of Local Sales Tax for right-of-way acquisition for this project. There is also $8,820,000 of Federal funds earmarked for acquisitions on an 80%/20% basis for a total budget of $26,601,134. The total project encompasses 75 acquisitions. Excluding pending Council action, 35 parcels have been acquired, three are under contract, and the rest are in condemnation. Total expenditures to date total $5,808,538. An additional $982,671 has been approved for a total encumbrance of $6,791,538. Motion -- Knight moved that the budget and the Contract be approved; and the Mayor be -- carried authorized to sign the necessary documents. 436-442 S. OLIVER (TRACT #19) FOR THE EAST KELLOGG/OLIVER IMPROVEMENT PROJECT. (District II) Agenda Report No. 96-404. The East Kellogg/Oliver Improvement Project received final approval and findings of no significant impact on all historic and environmental issues from the Federal Government in September 1995 and the City was given permission to begin active acquisition in the corridor. At the time of the granting of permission, there were 54 tracts not under contract. Council approved the hiring of Land Acquisitions, Inc. to negotiate the remaining property acquisitions and relocations. One of the parcels to be acquired is located at 436-442 S. Oliver (Lot 1, Castle Addition to Wichita) and is owned by Emelia C. Manning. The property has 11,750 square feet of land. Improvements consist of two single-story, 1,251 square feet brick duplexes. Three of the four units are tenant occupied with the fourth unit vacant. The acquisition was appraised at $140,000 and the review appraiser concurred with this value. This amount was offered to the owner who found the offer to be unacceptable. After negotiation, a sale price of $155,000 was agreed to . As this acquisition has been approved as part of the Kellogg/Oliver Interchange Project, Federal funds will be available to offset 80% of the the transaction cost. The subject tract was approved for condemnation but continued negotiations proved successful. Funds have been budgeted in the 1994 Capital Improvement Program. The funding source will be General Obligation bonds paid by local sales tax revenues. A budget of $227,000 includes: $155,000 for acquisition, $10,000 for eventual demolition, $60,000 for relocation and $2,000 for closing costs, title insurance, etc. Council action has approved $17,781,134 of Local Sales Tax for right-of-way acquisition for this project. There is also $8,820,000 of Federal funds earmarked for acquisitions on an 80%/20% basis for a total budget of $26,601,134. The total project encompasses 75 acquisitions. Excluding pending Council action, 35 parcels have been acquired, three are under contract, and the rest are in condemnation. Total expenditures to date total $5,808,538. An additional $982,671 has been approved for a total encumbrance of $6,791,538. Motion -- Knight moved that the budget and the Contract be approved; and the Mayor be -- carried authorized to sign the necessary documents. 3911 E. KELLOGG (TRACT #29) FOR THE EAST KELLOGG/OLIVER IMPROVEMENT PROJECT. (District II) Agenda Report No. 96-405. The East Kellogg/Oliver Improvement Project received final approval and findings of no significant impact on all historic and environmental issues from the Federal Government in September 1995 and the City was given permission to begin active acquisition in the corridor. At the time of the granting of permission, there were 54 tracts not under contract. Council approved the hiring of Land Acquisitions, Inc. to negotiate the remaining property acquisitions and relocations. One of the parcels to be acquired is located at 3911 E. Kellogg (Lot 6, Block A, Longview Terrace Addition to Wichita) and is owned by Susie H. and George P. Badeen. The property has 6,100 square feet of land. Improvements consist of a 1,619 square foot, two-story, single family residence. The building is owner occupied. The acquisition was appraised at $66,500 and the review appraiser concurred with this value. This amount was offered to the owner and was accepted. As this acquisition has been approved as part of the Kellogg/Oliver Interchange Project, Federal funds will be available to offset 80% of the the transaction cost. The subject tract was approved for condemnation but continued negotiations proved successful. Funds have been budgeted in the 1994 Capital Improvement Program. The funding source will be General Obligation bonds paid by local sales tax revenues. A budget of $101.900 includes: $66,500 for acquisition, $5,000 for eventual demolition, $28,400 for relocation and $2,000 for closing costs, title insurance, etc. Council action has approved $17,781,134 of Local Sales Tax for right-of-way acquisition for this project. There is also $8,820,000 of Federal funds earmarked for acquisitions on an 80%/20% basis for a total budget of $26,601,134. The total project encompasses 75 acquisitions. Excluding pending Council action, 35 parcels have been acquired, three are under contract, and the rest are in condemnation. Total expenditures to date total $5,808,538. An additional $982,671 has been approved for a total encumbrance of $6,791,538. Motion -- Knight moved that the budget and the Contract be approved; and the Mayor be -- carried authorized to sign the necessary documents. 3915 E. KELLOGG (TRACT #30) FOR THE EAST KELLOGG/OLIVER IMPROVEMENT PROJECT. (District II) Agenda Report No. 96-406. The East Kellogg/Oliver Improvement Project received final approval and findings of no significant impact on all historic and environmental issues from the Federal Government in September 1995 and the City was given permission to begin active acquisition in the corridor. At the time of the granting of permission, there were 54 tracts not under contract. Council approved the hiring of Land Acquisitions, Inc. to negotiate the remaining property acquisitions and relocations. One of the parcels to be acquired is located at 3915 E. Kellogg (Lot 5 except the north 8 feet, Block A, Longview Terrace Addition to Wichita) and is owned by Z. G. and Pauline Razook. The property has 6,100 square feet of land. Improvements consist of a 1,718 square foot, two-story, single family residence. The building is owner occupied. The acquisition was appraised at $70,000 and the review appraiser concurred with this value. This amount was offered to the owner and was accepted. As this acquisition has been approved as part of the Kellogg/Oliver Interchange Project, Federal funds will be available to offset 80% of the the transaction cost. The subject tract was approved for condemnation but continued negotiations proved successful. Funds have been budgeted in the 1994 Capital Improvement Program. The funding source will be General Obligation bonds paid by local sales tax revenues. A budget of $116,500 includes: $70,000 for acquisition, $5,000 for eventual demolition, $39,500 for relocation and $2,000 for closing costs, title insurance, etc. Council action has approved $17,781,134 of Local Sales Tax for right-of-way acquisition for this project. There is also $8,820,000 of Federal funds earmarked for acquisitions on an 80%/20% basis for a total budget of $26,601,134. The total project encompasses 75 acquisitions. Excluding pending Council action, 35 parcels have been acquired, three are under contract, and the rest are in condemnation. Total expenditures to date total $5,808,538. An additional $982,671 has been approved for a total encumbrance of $6,791,538. Motion -- Knight moved that the budget and the Contract be approved; and the Mayor be -- carried authorized to sign the necessary documents. 4421 E. KELLOGG (TRACT #45) FOR THE EAST KELLOGG/OLIVER IMPROVEMENT PROJECT. (District II) Agenda Report No. 96-407. The East Kellogg/Oliver Improvement Project received final approval and findings of no significant impact on all historic and environmental issues from the Federal Government in September 1995 and the City was given permission to begin active acquisition in the corridor. At the time of the granting of permission, there were 54 tracts not under contract. Council approved the hiring of Land Acquisitions, Inc. to negotiate the remaining property acquisitions and relocations. One of the parcels to be acquired is located at 4421 E. Kellogg (Lot 1, Block A, Dennison-Overstake Addition to Wichita) and is owned by Howard W. and Virginia M. Overstake. The property has 11,676 square feet of land. Improvements consists of a one- story, multi-tenant office building containing 3,008 square feet. The building has one tenant with the owner occupying the rest. The acquisition was appraised at $210,000 and the review appraiser concurred with this value. The owner initially countered at $231,000. An amount of $220,500, the mid-point of the offers was proposed and the owner accepted. As this acquisition has been approved as part of the Kellogg/Oliver Interchange Project, Federal funds will be available to offset 80% of the the transaction cost. The subject tract was approved for condemnation but continued negotiations proved successful. Funds have been budgeted in the 1994 Capital Improvement Program. The funding source will be General Obligation bonds paid by local sales tax revenues. A budget of $287,500 includes: $220,500 for acquisition, $5,000 for eventual demolition, $60,000 for relocation and $2,000 for closing costs, title insurance, etc. Council action has approved $17,781,134 of Local Sales Tax for right-of-way acquisition for this project. There is also $8,820,000 of Federal funds earmarked for acquisitions on an 80%/20% basis for a total budget of $26,601,134. The total project encompasses 75 acquisitions. Excluding pending Council action, 35 parcels have been acquired, three are under contract, and the rest are in condemnation. Total expenditures to date total $5,808,538. An additional $982,671 has been approved for a total encumbrance of $6,791,538. Motion -- Knight moved that the budget and the Contract be approved; and the Mayor be -- carried authorized to sign the necessary documents. PROPOSED WATER UTILITY LAND ACQUISITION BY EMINENT DOMAIN. Agenda Report No. 96-408. In 1990, the City contracted with Camp Dresser & Mckee to prepare a study, design, and construction phase services to improve and expand the water utility facilities to meet the City's needs to the year 2010. One of the recommended alternatives in the report proposed the siting of a water utility facility in northwest Wichita with the recommendation to secure the land as soon as possible. Water Department and Property Management have studied the practicality of various sites and found the Eisenring property located at 4901 W. 21st St. North (Eisenring Tract on the south side of 21st Street North, with Zoo Boulevard on the southwest side and the Wichita/Valley Center Floodway on the southeast side), would suit their needs. This property will provide a contiguous assemblage of land for public infrastructure improvements, water maintenance facilities, future water facilities and possible siting of operations for other City departments as northwest Wichita continues to expand. The property consists of approximately 75.8 acres of land and is zoned for light industrial use. The property is a commercial sandpit area and is situated west of the Wichita-Valley Center Flood Control Big Ditch, east of Hoover Rd., between 21st St. North on the north the Union Pacific Railroad ROW and Zoo Blvd to the south. The site has an 8-10 acre operating commercial sandpit, and the surrounding land is used for the dumping and storage of rip/rap as well as tree and firewood and as pasture land with some stables located in the western portion of the site. City Staff has attempted to negotiate a purchase of the identified property but has been unable to reach agree- ment with the owner. The property was appraised at $265,300 or $3,500 per acre. This amount was offered proposal will take approximately 75.8 acres of land and various small out buildings. The City has made an offer of $265,300, or $3,500 per acre, the appraised value of the land. The owner has reviewed the City's offers and feels the cost to purchase the property is $10,000 per acre. Funds will be made available from Water Utility Funds or Utility System Revenue Bonds for the acquisition. Motion -- Knight moved that the Ordinance providing for the acquisition by eminent domain of certain property and direct the City Attorney to file the appropriate proceedings in the District Court to accomplish such acquisition be placed on first reading; and the Resolution authorizing funding be adopted. Motion carried -- carried 6 to 0. (Cather absent) ORDINANCE An Ordinance providing for the acquisition by eminent domain of certain private property, easements, and right-of-way therein, for the purpose of Public Water Utility Facility improvements and to be known as a Public Water Utility Facility in the City of Wichita, Sedgwick County, Kansas; designating the lands required for such purposes and directing the City Attorney to file a petition in the District Court of Sedgwick County, Kansas, for acquisition of the lands, easements, and access control, therein taken and providing for payment of the cost thereof, introduced and under the rules laid over. RESOLUTION NO. R-96-189 A Resolution authorizing the issuance of Water Revenue Bonds by the Wichita Water Department, a public utility, for water utility improvements to acquire property for water utility facilities, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. WEAPONS DESTRUCTION WEAPONS DESTRUCTION. Agenda Report No. 96-409. The Police Department has requested authorization to destroy several weapons which have been confiscated in criminal activity and are no longer needed as evidence. City Code provides that weapons seized in connection with criminal activity shall be destroyed or forfeited to the Wichita Police Department. All transactions involving weapon disposal must have prior approval of the City Manager. A list of weapons being destroyed has been provided and includes a total of 194 handguns and 41 long guns. The destruction of the weapons will be witnessed and monitored by staff. Motion -- Knight moved that the list of weapons be received and filed. Motion carried -- carried 6 to 0. (Cather absent) TELEPHONE SYSTEM TELEPHONE SYSTEM FOR SEWAGE TREATMENT PLANT NO. 2. Agenda Report No. 96-410. The telephone system at Sewage Treatment Plant No. 2 is unable to handle any additional telephones and cannot be expanded. Replacing the system with a Rolm 9200 Model 210 system will provide the additional capability required now as well as expansion capability for the future. Rolm was selected to minimize training time, to standardize service and to use existing inventory. Two vendors submitted bids for the purchase and installation of the system. Siemens-Rolm Communications, Inc. submitted the low bid at $14,431.00, with installation to be complete by August 1, 1996. The purchase has been approved as a part of the capital project for expansion of Sewage Treatment Plant No. 2. $15,000 has been budgeted for this project. The recommended bid is within budget. Motion -- Knight moved that the purchase and installation of a Rolm 9200 Model 210 telephone system for Sewage Treatment Plant No. 2 be approved. Motion carried -- carried 6 to 0. (Cather absent) HNTB SUPP. AGREEMENT SUPPLEMENTAL AGREEMENT FOR KELLOGG/OLIVER INTERCHANGE - PHASE I. (District II) Agenda Report No. 96-411. In 1990, the Kellogg/Oliver Interchange project was selected as a System Enhancement project by the Kansas Department of Transportation (KDOT). In September 1990, the City Council authorized proceeding with the design of the Kellogg/Oliver Interchange. On April 2, 1991, the City Council approved the City/State Agreement for the project. The Agreement and a Supplemental Agreement, approved by the City Council on September 28, 1993, provides that the State will pay 100% of the cost of construction and construction engineering, to a maximum of $29,670,000. The City agreed to let the contract and provide construction administration for the project. On December 30, 1991, the City entered into an Agreement with Howard Needles Tammen & Bergendoff (HNTB) to prepare construction plans for the project. On December 15, 1992, the City Council approved the drainage concept for the project and KDOT concurred with the concept. On October 15, 1993, the City Council adopted Ordinance 42-171, which authorizes the construction and provides for the local share of the project. On March 27, 1996, KDOT approved the construction of Phase I of the Kellogg/Oliver Interchange project. Phase I consists of the Bluff Outfall Storm Sewer, which lies between Kellogg and Lincoln and improvements to east and west branches on Dry Creek between Kellogg and Orme. It also includes the construction of a reinforced concrete box culvert at Orme and Pinecrest. All work will be done in existing rights-of-way or easements. The Agreement dated December 30, 1991 with HNTB provides that HNTB, when authorized by Supplemental Agreement, will perform construction inspection and administration services. The Supplemental Agreement provides these services for the Phase I project. The Supplemental Agreement also provides for the design work necessary to separate the Phase I work from the remainder of the project. It is anticipated that the project will be let in July 1996, with construction beginning in August. Payment to HNTB will be on a cost plus fixed fee in an amount not to exceed $199,919. In accordance with the City/State Agreement, the City will make initial payments to HNTB and to the contractor for construction work. The City will bill KDOT monthly for reimbursement. This is a Capital Improvement Project (F-37) and authorized by Ordinance 42-171. Motion -- Knight moved that bidding for the Phase I, Kellogg/Oliver Interchange construction be authorized; and the Supplemental Agreement with HNTB be approved -- carried and the Mayor be authorized to sign. Motion carried 6 to 0. (Cather absent) AIRPORT TAXIWAY E WICHITA AIRPORT AUTHORITY (TAXIWAY E RECONSTRUCTION). Agenda Report No. 96-412. The Taxiway E Reconstruction project represents improvements that will be made to Mid-Continent Airport subject to further action and approval by the Wichita Airport Authority. The project utilizes 90% construction funding from the Federal Aviation Administration. The project has been included in a Capital Improvement Program of the City of Wichita. This action approves only the intent to use City of Wichita bonding authority in the future and does not specifically authorize the issuance of debt nor does it preclude the use of any substitute funding source. The total cost for the capital improvements less Federal Aviation Administration grant contributions , based on the best present information, is $153,500. Motion -- carried Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Cather absent) RESOLUTION NO. R-96-188 A Resolution declaring that a public necessity exists for, and that the public safety, service, and welfare will be advanced by, the making of certain capital improvements to the Wichita Mid-Continent Airport facility operated by the Wichita Airport Authority of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. ORDINANCES SECOND READING ORDINANCES. (First Reading May 7, 1996) a. Electrical Code ORDINANCE NO. 43-140 An Ordinance amending Section 19.12.010 of the Code of the City of Wichita, Kansas, and repealing the original thereof; all pertaining to the electrical code of the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. b. Special Assessment - Sidewalk Construction. ORDINANCE NO. 43-141 An Ordinance making a special assessment to pay for the improvement of and providing a tax levy for the cost of construction of sidewalks in the city of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. c. Z-3154 ORDINANCE NO. 43-142 An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. Z-3154 FIRST READING ORDINANCE. Building Condemnations. An Ordinance making a special assessment to pay for the removal of certain structures, being dangerous and unsafe buildings which have been declared a nuisance under the provision of Sections 18.16.010 to 18.16.090 of the Code of the City of Wichita, Kansas, introduced and under the rules laid over. EXECUTIVE SESSION Motion -- Knight moved that the Council recess to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to pending litigation, legal advice, and contract negotiations; and the regular meeting be resumed at 10:30 a.m. in the City -- carried Council Chambers. Motion carried 6 to 0. (Cather absent) RECESS Council recessed at 10:08 a.m. and reconvened in regular session at 10:35 a.m. Mayor Knight Mayor Knight announced that no action was necessary as a result of the executive session. ADJOURNMENT The City Council meeting adjourned at 10:35 a.m. Pat Burnett City Clerk The Law Enforcement Memorial Ceremony was held in Council Chambers at 12:00 noon. COUNCIL PROCEEDINGS JOURNAL 161 MAY 14, 1996 Page