MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, November 19, 1996 Tuesday, 9:06 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cather, Cole, Ferris, Gale, Kamen, Rogers; present. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Linda Munhall, Baha'i Faith. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. Minutes -- The minutes of the regular meeting of November 5, 1996, were -- approved approved 7 to 0. AWARDS AND PRESENTATIONS RECOGNITION Planeview Home of the Month and Residences of Excellence were recognized. PROCLAMATIONS Mayor Knight presented the Proclamations previously approved. SISTER CITIES REPORT Council Member Cather reported on the recent visit to Sister City, Kaifeng, China. Council Member Cather requested that businesses become involved in the Sister Cities Program and travel with Council representatives to sister cities. UNFINISHED BUSINESS IRB - BOEING PUBLIC HEARING AND ISSUANCE OF CITY OF WICHITA INDUSTRIAL REVENUE BONDS - THE BOEING COMPANY. (District III) Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-927 A. On March 24, 1992, the Council approved the issuance of a Letter of Intent for Industrial Revenue Bonds for Boeing Commercial Airplane Group, Wichita Division, for a term of four years in an amount not to exceed $2.0 billion. The Council also granted Boeing Company a 100% tax abatement for a five-plus-five-year term (a total 10-year period). The Bond proceeds will be used to finance modernization of Boeing's facilities to support continuing competitiveness. On November 14, 1995, the Council approved the issuance of bonds in the amount of $201 million. Bond proceeds of the 1995 issue were used to provide new, updated equipment and to generally finance modernization needed to keep the company competitive. On February 13, 1996, the Council extended the March 24, 1992 letter of intent for an additional four-year period. Boeing Wichita, Kansas' number one employer, designs, manufactures and modifies commercial and military aircraft. The Boeing manufacturing plant consists of over 12 million square feet of covered facilities built on 1,100 acres. The City of Wichita has encouraged the continued expansion and modernization of operations at Boeing Wichita through the issuance of over $2.1 billion in City of Wichita Industrial Revenue Bonds. Boeing Wichita paid $15.6 million in local and state taxes in 1995, and issued a payroll of over $732 million in that year. Boeing Wichita is currently requesting the issuance of City of Wichita Industrial Revenue Bonds in an amount not to exceed $194,000,000. The proceeds from the sale of the bonds will finance continuing modernization of the facility to include equipage of existing facilities and the purchase of new machinery and equipment in pursuance of the continuing engineering and fabrication of Boeing's next generation of commercial jetliners at Boeing's facilities on South Oliver Street in southeast Wichita. This item was initially scheduled on the November 5, 1996, Agenda, but was postponed to November 19, 1996 to accommodate publication of a meaningful Notice of Public Hearing. The proceeds from the sale of the bonds will be used to finance approximately $22 million in 1996 real property improvements and $172 million in 1996 personal property improvements. The real property improvements include, but are not limited to, upgrades to the Boeing industrial waste treatment plant, completion of the Assembly Support Building - Phase II, construction of a railcar shipping facility and other property enhancements. Selected major 1996 personal property improvements include, but are not limited to, the following: Multi-Task Gantry Riveting System $14,100,000 5-Axis Chord Trimmer $5,600,000 5-Axis Single Mill $5,200,000 Core Router/Cutter $3,800,000 Cord Trimmer $3,700,000 Conventional Boring Machine $2,600,000 737 Program Equipment $78,000,000 747 Program Equipment $1,400,000 757 Program Equipment $1,100,000 767 Program Equipment $1,000,000 777 Program Equipment $14,400,000 Boeing states that the improvements will not have any adverse effect on the ambient air quality of Wichita and Sedgwick County. While employment in the aircraft manufacturing industry has generally been reduced over the past several years, Boeing continues to attempt to stabilize employment by creating a technologically advanced facility to maintain Boeing's status as a competitive leader in the aerospace industry. The Boeing Company has advised that all of its products are exported out of the City and State. Boeing Wichita has an approved EEO/AA Plan on file with the City. The Boeing Company agrees to pay all cost of issuing the Bonds and agrees to the City's administrative service fee for the term of the Bonds. The City Council granted Boeing Wichita a 100% abatement of ad valorem property taxes for a five plus five term totaling ten years. Boeing will continue to pay taxes on existing real and personal property which is listed on the tax rolls. The tax abatement put into effect through the proposed Bond issue will only pertain to the property improvements made and the machinery and equipment purchased with proceeds of the proposed Bond issue. The Boeing Company has indicated that none of the Bonds will be placed publicly, thereby negating the need for an underwriter. The Law Firm of Kutak Rock of Omaha, Nebraska, will serve as Bond Counsel for the proposed Bond issue. Council Member Rogers Council Member Rogers stated that there have been recent allegations regarding Boeing hiring practices and, because public funds are involved, the City Council has certain responsibilities. It needs to be made known that the Council will be looking at, as one of the criteria, practices of companies regarding equal employment and equal opportunity. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Mike Berman Mike Berman, Boeing representative, said Boeing welcomes examination of Boeing operations. One of the fundamental Boeing Principles is achieving full customer satisfaction. The measure of full customer satisfaction for Boeing is quality. Boeing measures quality by customer perception and expectation of quality, employee expectations of quality, and the community's expectation of quality. Part of the industrial revenue bond process is that Boeing has a commitment to the City to ensure that its hiring, employment, and promotion practices are what they should be. Boeing files, with the City, information in that regard and the City, in turn, examines that information. Whatever additional information or examination requested by the City is welcomed. "On behalf of the Boeing Company, I make the commitment to you, to this city, to this community, that our employment practices are fair and are not discriminatory." Motion -- Cather moved that the Public Hearing be closed; the Bond Ordinance authorizing the issuance of Industrial Revenue Bonds in an amount not to exceed $194,000,000 -- carried be placed on first reading. Motion carried 7 to 0. ORDINANCE An Ordinance approving and authorizing the execution of a lease agreement between the Boeing company and the City of Wichita, Kansas; approving and authorizing the execution of an indenture of trust between said City and Bank IV Kansas, National Association; pledging certain payments under said lease agreement and moneys and securities held by the trustee under the terms of said indenture of trust; authorizing and directing the issuance of Industrial Revenue Bonds (The Boeing Company Project) Series VII, 1996, of said City in the principal amount of $194,000,000 for the purpose of providing funds for the acquisition, construction, reconstruction, and improvement of certain industrial and manufacturing facilities at the boeing Commercial Airplane Group, Wichita Division, a Division of the Boeing Company, a Delaware Corporation, in Sedgwick County, Kansas; designating the trustee and the paying agent for said bonds; authorizing the sale of said bonds and the execution of a bond purchase agreement therefor; approving and authorizing the execution of an administrative service fee agreement; and authorizing the execution and delivery of certain related instruments, introduced and under the rules laid over. Z-3205 Z-3205 - ZONE CHANGE FROM "SF-6" SINGLE FAMILY DWELLING TO "NR" NEIGHBORHOOD RETAIL AND "LC" LIMITED COMMERCIAL LOCATED EAST OF WEBB ROAD, SOUTH OF LINCOLN STREET. (District II) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 96-924. MAPC Recommendation: Approve, subject to platting within 1-year, and to the additional provisions of a P- O District (11-2). Staff Recommendation: Approve, subject to platting within 1 year, and to the additional provisions of a P- O District. The applicant requests a zone change from "SF-6" Single-Family to "NR" Neighborhood Retail and "LC" Limited Commercial on a 5.69 acre unplatted site located east of Webb Road and Lincoln Street (extended). The applicant has a contract with Braum's Ice Cream Store for the northwest 1.23 acres of the site, and is asking for this parcel to be zoned "LC". Specific uses have not been identified for the balance of the site (4.46 acres), and for which "NR" Neighborhood Retail zoning is being requested. The Neighborhood Retail district is one of the new districts, and is intended to accommodate very- low intensity retail and office development near residential neighborhoods. In fact, the "NR" district is intended to provide a buffer district between residential uses and non- residential uses or facilities. Commercial uses are limited to 8,000 square feet of gross floor area, the "NR" district is not for use on tracts of land larger than 6 acres, outside storage is prohibited, and there are special sign restrictions. Restaurants in NR are restricted to 2,000 square feet in size and drive-throughs are not permitted. (These two limitations are why the applicant is requesting "LC" for the proposed Braum's location.) Surrounding land uses are residential, except for the church located to the north of the site. All adjoining properties are zoned "TF-3" Two-Family and "SF-6" Single-Family, with "MF-29" Multi- Family zoning to the northwest. Staff recommended approval of the request, but subject to the addition of a P-O (Protective Overlay) district with further requirements: extra landscaping along Webb Road and abutting the single family lots to the north and east, limited signage, architectural materials specified, limitations on lighting of buildings and parking areas, access controls, building height and coverage limitations, and exclusion of many uses otherwise permitted. As part of the platting of the property, the applicant will also be expected to guarantee the installation of a left turn lane on Webb Road, at the existing signal at Lincoln, to improve traffic flow. Based on traffic concerns and neighborhood oppositions, CPO 2 voted (4-2) to recommend denial. This case was first heard by the Planning Commission during their August 15, 1996 meeting. At that meeting members of the public voiced their concerns over the appropriateness of commercial zoning at this location, as well as the design of the site, while other neighborhood residents spoke in support of the request. After discussion, the MAPC voted to defer the case for two weeks to allow the applicant to incorporate various changes to the site plan. During the August 29, 1996 MAPC meeting, the Planning Commission voted to reopen the case for further public discussion. Again, nearby residents were split in support and opposition to the rezoning request. Planning Commission discussed the problems of locating commercial uses at a mid-mile location. After discussion, the MAPC voted (11-2) to approve the request as recommended by staff. Motion -- Kamen moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC be approved, subject to the recommended conditions, and the Planning Department be instructed to forward the Ordinance for first reading when the plat is forwarded to the City Council. Motion carried -- carried 7 to 0. NEW BUSINESS 18TH STREET GATE REQUEST BY NORTH RIVERSIDE NEIGHBORHOOD ASSOCIATION TO INSTALL A GATE AT 18TH REQUEST STREET. (District VI) Bill McKinley Traffic Engineer reviewed the item. Agenda Report No. 96-956 On October 16, 1996, the Traffic Commission held a public hearing to discuss a North Riverside Neighborhood Association request to install a gate across 18th Street North immediately east of Lisa Lane. The basis of this request was to eliminate a perceived traffic hazard where motorists are required to negotiate a 125 degree turn. The concept had been approved by CPO Council 6 on September 25, 1996 with a recommendation to take the matter on to the Traffic Commission and the City Council. The Traffic Commission denied the Association's request (4-0 vote) on the basis that a study conducted by the Traffic Engineering Section indicated that established criteria necessary to consider traffic controls to divert through traffic was not met. The intersection of Lisa Lane and 18th Street North forms a V-intersection having an apex angle of 55 degrees requiring motorists to negotiate a 125 degree turn. Traffic volumes are very low on Lisa Lane having approximately 130 vehicles per day whereas the approximate traffic on 18th Street North is 570 vehicles per day. There is no indication or need for motorists to use these streets to bypass congestion or other traffic controls. The Traffic Engineering Section recommended and will install large arrow signs at the apex of the turn to warn motorists and will place 10 MPH advisory signs on existing advance curve warning signs. In addition, on the recommendation of the Traffic Commission, a sign will be installed indicating that 18th Street North is not a through street west of Woodrow. The cost of installing the proposed gate was to be borne by the area residents and volunteer labor. Signing will be installed by City crews at a cost approximately $350 without an increase in the Traffic Maintenance budget. Council Member Cole Council Member Cole said she would like time to talk to the neighborhood regarding why changes in the request occurred. Motion -- carried Cole moved that this Item be deferred two weeks. Motion carried 7 to 0. SNAP-IT PROGRAM SNAP-IT PROGRAM EVALUATION. Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-957. In November, 1995, the City Council approved amendments to the handicapped parking ordinances of the City to provide a mandatory $100 fine for all handicapped parking violations, regardless of whether the person had a valid placard at the time of the violation. The amendments also provided that Municipal Court Judges may order community service in lieu of the mandatory fine, if the court finds the person is financially unable to pay. A special Snap-It court docket was established in October, 1995. All handicapped parking tickets scheduled for trial are set on this monthly docket. On May 7 , 1996, the City Council requested a review of the Snap-It program, based on questions and concerns about the mandatory fine and requested staff to assemble data on the Snap-It Program. The City Council requested the Commission on the Status of People with Disabilities (CSPD) review this matter again. On May 29, 1996, the CSPD conducted a public hearing to obtain public input on the mandatory fine issue. The meeting was attended by thirty-nine citizens. At its special meeting on June 5, 1996, the CSPD discussed citizen input (from the May 29th meeting), reviewed messages and letters from citizens expressing opinions concerning the mandatory fine, and expressed individual positions on the issues. The CSPD recommended to the City Council that the October, 1995 ordinance remain as is and continue in effect. The City Council approved the continuation of the Snap-It Program on June 11, 1996 and asked that CSPD make a final evaluation in November 1996. At the October 1996 meeting, CSPD voted to continue the Snap-It Program and have made suggestions for improvements to the administration of the program. (Statistics on the Snap-It Program have been attached along with the minutes.) The City Council has the authority to amend the handicap parking ordinances of the City. The City's ordinances can mirror state law or they can provide for more restrictive provisions than state law. However, the City's ordinances cannot be less restrictive than state law. Shirley Younce Shirley Younce reviewed statistics from November, 1995, to October, 1996. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Jack Sandberg Jack Sandberg said the program encourages financial abuse and exploitation of elderly and handicapped, and urged a change be made. Susan Cook Susan Cook stated that she, as a disabled person, did not want to be treated differently from other citizens with regard to penalties for breaking the law. Federal law states that only handicapped persons may park in marked handicapped parking areas and that those using the spaces must have a placard. There should not be special rules for handicapped persons. Ms. Cook urged the program be retained as it is. Council Member Kamen Council Member Kamen said that with other violations, there is a means for dismissal of tickets. Many of those receiving tickets on this program are on fixed income or are elderly and there should be a means for dismissal or reduction of the fine. Council Member Kamen momentarily absent. Council Member Gale Council Member Gale said he hoped the judge would have some leeway. Motion -- Cather moved that the current Snap-It Ordinance be retained and the proposed --carried administrative improvements be referred to Staff. Motion carried 5 to 2. Gale, Kamen - No. SOLID WASTE SOLID WASTE MANAGEMENT PROPOSALS/ACTIONS. Chris Cherches City Manager reviewed the Item. a. Tipping Fees and Special Solid Waste Management Programs. Agenda Report No. 96-958 a The "tipping fee" is the disposal fee per ton of trash disposed at Brooks Landfill. This fee is approved annually by the City Council; new fees are scheduled to take effect on January 1 of the following year. The present Brooks Landfill tipping fee is $14.69 of this amount $6.31 goes to the Landfill Contractor (Herzog Environmental, Inc.), $1.00 goes to the State of Kansas as a State fee, and $7.38 is allocated to cover costs of Landfill operations, maintenance, environmental programs and anticipated future closure costs. The contract with Herzog provides for annual increases equal to the increase in the Consumer Price Index (CPI), as well as an adjustment for tonnage reductions. Recent events related to the Brooks permit and the County's decision to assume solid waste planning responsibility have made it necessary for the City to re- evaluate its Landfill financing strategy for the next five years (or Brooks remaining life). Without a guaranteed assurance of a revenue source after October, 2001, the costs related to Brooks groundwater remediation, final closure of the Landfill, and the 30-year post-closure maintenance and environmental monitoring will need to be funded (to the highest extent possible) from Brooks revenues over the next five years. Generating revenues to fund these costs will require a substantial increase in tipping fees, beginning in 1997. Tipping fee rates will depend on the anticipated tonnage received at Brooks. The tonnage will be impacted by restrictions (or bans) imposed during the five-year period. These bans, and any tonnage reductions, will also impact the final height of Brooks Landfill when it is closed. Brooks Landfill presently receives approximately 500,000 tons of trash per year. If the tonnage of trash remains at this level over the next five years, base tipping fees of approximately $22.30 per ton would generate the revenues needed to operate, close and maintain the Landfill. To keep the final height of the Landfill as low as possible, reductions in waste flow will need to occur. Waste reduction measures, such as bans, recycling programs and volume rates, will be required. Any significant reduction in tonnage over the next five years may require higher tipping fees to generate required revenues. For example, if all of the proposed waste reduction policies were implemented on January 1, 1997, the annual tonnage could drop by an estimated 365,000 tons/year. Such a reduction would require a base tipping fee of approximately $28.50/ton to generate the needed revenues over the five-year period, based on the current contractor costs. The above tipping fee estimates are "base"' fees, and would fund only the required operational, closure, and post-closure activities. Additional fees would be required to fund any additional environmental programs and activities, such as Household Hazardous Waste, Environmental Education, or an Environmental Contingency Fund. [The costs of the Furley land purchase are included in the above base tipping fee.] Future costs for permitting and design for a new landfill are not included. The City Council has indicated a priority to keep the final height of Brooks as low as possible through the remainder of its life. This will be impacted by any waste reduction measures implemented by the Council. The vertical expansion permit does not mandate a limit on the final height, but requires the facility to stop taking waste on or before O- ctober 9, 2001. The plan approved by KDHE indicated a total capacity to reach a height of approximately 170 ft. at its highest point. This height can be reduced through measures in waste reduction and landfill management. The effect of measures related to waste flow reduction, and its impact on volume and height, are merely projections at this time. Staff will review height and waste flow issues annually to better determine the impact of measures instituted by the Council. An additional consideration is the need to keep tipping fees at a competitive level. Raising tipping fees above competitive levels may impact waste flow destinations (and needed revenues). Landfills are regulated by State and federal laws/regulations, which designate the closure and post-closure requirements. b. Construction and Demolition Waste Disposal Agenda Report No. 96-958 b In October 1995, the City Council received a Solid Waste Management Strategy developed by the Wichita/Sedgwick County Solid Waste Management Planning (SWMP) Committee. The Council adopted all of the recommendations of the Strategy with minor changes in the time schedule for parts of the proposal. Among the items considered was a recommendation for a ban of construction and demolition (C&D) waste material from the Brooks Landfill. This ban was approved with final consideration dependent on the development of an Ordinance to implement this ban. The SWMP Committee has studied the proposed ban on construction and demolition waste from the Landfill. Meetings were held with the companies that generate, transport, process and dispose of these types of waste. Kansas laws and regulations addressing these wastes were reviewed and research from other states with C&D waste bans were also studied. Kansas law and regulations exclude cardboard from the definition of C&D waste. Most construction and remodeling sites generate a significant amount of cardboard. Since this cardboard cannot be disposed of in a C&D landfill or transfer station, it would have to be separated at the source and transported to either a sanitary landfill or a recycling facility. The additional labor to sort this material, the space and cost required for a separate collection container, and the separate haul to a different location would contribute to increased costs of construction. In addition, if any amounts of cardboard were placed in the container for the C&D waste, it would be a technical violation of the operating permit of a C&D landfill or transfer station to accept such a load or to have the load on site. A review of C&D waste bans by other states revealed that only one state, Florida, bans this type of material from sanitary landfills. In many parts of the country, C&D landfills operate as the result of economics. Because a C&D landfill is easier to locate and requires less to operate than a full waste stream sanitary landfill, tipping fees are often less and the haul distances are shorter. As tipping fees increase locally, there will be increasing economic pressure to dispose of C&D waste in a C&D landfill rather than a full waste stream sanitary landfill. Even with the increased cost in prohibiting cardboard in C&D facilities, it is more economical to have a different site. Two advantages of a program (based on economics) are: 1) it is based on minimizing costs; and 2) it does not result in the need for inspection or enforcement efforts on the part of local government. As a result of its study, the SWMP Committee is concerned that an outright ban of C&D waste would not be practical. Rather, the Committee now recommends that the City work with the companies involved in this waste stream to promote the best possible management of this type of waste. Such a program (coupled with the economic forces brought about by increasing tipping fees) will ultimately result in much of this type of material not going to a full waste stream sanitary landfill. It should be noted that the third option, the City operating a C&D cell at Brooks, was not considered by the SWMP Committee. At the request of the City Council, the SWMP Committee reconsidered the concept of a C&D waste ban at the Brooks Landfill and voted 15 to 3 against the ban, thereby, supporting option one. With the Committee recommending option one that the City work with the involved companies, the recommended action would avoid the need for and cost of a new ordinance and its enforcement. An alternative program to improve the management of C&D waste through education of those involved in its handling would have a cost. This is applicable for all options. This cost could be minimized by integrating this effort into the Environmental Education Program, if this program is continued, and by working with existing trade associations that represent those companies involved in C&D waste management. If the Environmental Education Program is not continued, a budget to undertake this program of $20,000 will be needed. Key elements in the campaign would include: development of an informational brochure; direct mailings to companies; and one or more seminars for affected companies. If the Council wants to undertake detailed consideration of establishing a C&D fill, a consultant feasibility study at an estimated cost of $7,000 is recommended. Such a report would evaluate the C&D waste stream and its current management and allow for more precise estimate of costs and flow that could be expected. If a C&D cell at Brooks is selected, the City would continue to receive the revenue on this portion of the waste stream. Preliminary discussions with the present contract operator, Herzog Environmental, indicate that if the horseshoe space of Cell C were used for C&D, there would be no increase in their cost of operation to provide this additional service. Because of the change from a ban to a program to manage C&D waste, there will be no need to change the Ordinance. c. Tree Cycling Program Agenda Report No. 96-958 c Since 1991, a volunteer Tree Cycle Program has been carried out; the City has been a co-sponsor in this annual Christmas Tree recycling effort. Participation has grown to the point that an estimated half of the trees sold in the area were recycled in 1996. The Tree Cycle Program, as a volunteer effort, has involved more than twenty organizations and at least one hundred volunteers. All promotion, organization, chipping and disposal operations have been donated. The Tree Cycle Program took place in Wichita, Clearwater, Cheney, Derby, Haysville, Mulvane, Maize and Valley Center. Because of the anticipated yard waste ban (approved on October 10, 1995 by the City Council as part of the Recommended Strategy for Solid Waste Management), the volunteer Tree Cycle Program disbanded February 28, 1996. However, at the March 18, 1996 meeting, the Wichita/Sedgwick County Solid Waste Management Planning Committee voted (13-0) to recommend the continuation of the Tree Cycle Program. At the request of the City Council, the Committee reconsidered this program at a special meeting on October 28, 1996 and voted in favor of having this program funded from current tipping fees. The total cost of this program will not exceed $50,000, on a tipping fee increase of $.10/ton. This budget estimate is based on the following program elements: 1. SITES. The vendor will set up, take down and supervise seven tree drop-off sites (estimated cost $3,000). 2. GRINDING. The vendor will grind the chips at each site and leave the chips at the site for the public (estimated cost $21,000). 3. BROCHURES. A flyer will be printed and distributed to locations that sell the trees (estimated cost $15,000). 4. PROMOTION. Radio and television promotion will be used to encourage the public to recycle their trees (estimated cost $8,000). The estimated total cost of $23,000 for the brochures and television and radio spots could be paid from this budget. If the program is not in operation, a funding source would need to be identified or promotion would be eliminated. d. Yard Waste Bans Agenda Report No. 96-958 d On October 10, 1995, the City Council approved a Yard Waste Ban as part of a strategy to address solid waste management. At that time, the ban addressed yard and wood (tree and landscape) waste and quantities. On January 23, 1996, the City Council approved the ban to take effect January 1, 1997. The Wichita/Sedgwick County Solid Waste Management Planning (SWMP) Committee has since studied the ban and refined its recommendation. The SWMP Committee has considered how a yard waste ban would be implemented locally and the impact it would have on citizens and businesses that generate, haul and process yard and wood waste. Based on this detailed consideration of a yard and wood waste ban, the SWMP Committee now recommends that the ban address only grass, clippings and leaves which will divert a large quantity of yard waste from the Landfill. This ban would minimize the impact by eliminating the ban on other types of yard waste, (i.e., tree limbs, bush trimmings and garden waste), which was originally approved. Commercial quantities of tree wood waste are already being diverted, to some extent, from the Landfill because of cost-savings to the generators if the waste is taken to a commercial wood recycling facility. In a 1991 Waste Characterization Study at the Brooks Landfill, yard and wood waste constituted 18 percent (by weight) of the annual flow into the Landfill. Given that commercial quantities of tree wood waste are moving to lower cost disposal alternatives and grass clippings and leaves are still included in the proposed ban, much of this material will be diverted from the Landfill. Increasing tipping fees may create further pressure to divert the wood waste. The SWMP Committee and the Board of Health both recommend that the Yard Waste Ban contained in the ordinance be implemented effective January 1, 1997. At the request of the City Council, the SWMP Committee reconsidered this item in a special meeting on October 28, 1996. The SWMP Committee voted (17 to 2) in favor of a ban of grass clippings and leaves from Brooks Landfill. At the October 22, 1996, workshop on solid waste management, the City Council considered methods to reduce the waste stream, including unit pricing, or "pay-as-you-throw." [This type of program was originally considered by the City Council in 1994, but no action was taken.] This system is merely charging residents/businesses for waste collected, similar to how other utilities charge for their services--the more trash a customer generates, the higher the fee. In essence, the principal behind this rate structure is to create a financial incentive to reduce, reuse, and recycle rather than dispose of unlimited amount of waste for a standard fee. A major benefit of volume-based pricing is that it gives residents some control over how much trash they generate and what they will pay for that service. (More discussion on this and other solid waste methods were contained in the City Council report, "A Primer on Solid Waste Management," dated October 13, 1995.) Council Member Ferris has requested the City Council to consider a Subcription-type system whereby residents would be given an opportunity to sign up for collection of a specific size and number of containers. Fees would be based on the size of the container used (i.e., 90- and 60-gallon containers). A differential charge between the varying size containers would be similar to recycling collections costs. The intent would be to give residents a choice; they could recycle and have smaller containers (at lower rates), or they could continue disposing of all waste and pay a large container fee. Councilman Ferris has suggested that this type of unit pricing would negate the need for imposing a yard waste ban. This proposal was provided to the Solid Waste Committee for review/comment. This ban could result in an approximate 18 percent reduction to the tonnage received at the Landfill. At current tipping fee rates, this would equate to a reduction of income to the City of about $766,000. To be effective and accepted by residents, the Yard Waste Ban will need to be promoted. If the Environmental Education Program continues, the existing budget would cover the promotion. If the Environmental Education Program is not continued, the estimated cost to promote this ban is $50,000. Key elements in the promotion campaign would include advertising on electronic media, billboards and direct mailings. An educational brochure would also be distributed through applicable area retail outlets. The ban would be enforced using existing Health Department and Public Works Department staff; no increase in existing budgets are anticipated. Steve Lackey Director of Public Works stated that on October 22, 1996, tipping fee rates, financing scenarios, programs funded within the tipping fees, and costs of continuing to fund those programs were discussed. On that same date, the Natural Resources Director identified issues that the SWMC had debated while the plan was developed by the City (whether to ban yard waste at the landfill beginning January 1; whether to ban construction and demolition waste (C&D); whether to pick up the financing of a tree cycle program; volume based rates; and curb-side recycling). After listening to financing issues, closure and post-closure funding, and the possibility of implementing some of the programs, the City Manager wrote a letter to the SWMC, consistent with the City Council's recommendations, asking the SWMC to address the tipping fee and other issues presented to the City Council in the workshop session. The vote of the SWMC is summarized as follows: Environmental Education Program Support Household Hazardous Waste Program Support Neighborhood Clean-up Program (funded from landfill tipping fees) Should not be funded from landfill tipping fees Environmental Management Trust Fund Should be continued; fund established to fund future clean-up efforts needed. Christmas Tree Recyling Program Necessary Yard Waste Ban of Grass and Leaves Necessary Reforestation Program Not Support Neighborhood Environmental Court Not Support out of tipping fees Purchase of Property in NE Sedgwick County - Possible Landfill Use Not Support Permitting and Designing New Landfill Not Support Construction & Demolition Waste Ban Not Support Volume Based Rates, Curb Side Recycling Not Discussed - Assigned to subcommittees Ultimate Tipping Fee No recommendation Mayor Knight Mayor Knight inquired if anyone wished to be heard. Karol Schlicher Karol Schlicher said the Waste Control and Recycling Coalition recommends that a grass and leaf ban at Brooks Landfill as of January 1st, 1997. The Coalition also recommends the serious study of implementation of volume-based charges for trash and the study of implementation of banning other easily separated recyclables from the landfill. Grass clippings and leaves need to be returned to the land. Dan Borst Dan Borst suggested lawn clippings be used in the landfill as a natural composting pile. The resulting height could be used for a ski slope. Non-recyclables should be run through a shredder before putting them in the landfill. Jim Spencer Jim Spencer, BFI, asked for decision and direction from the Council. Mr. Spencer said that the public and haulers have to get ready and need time to implement plans. Yard waste, tipping fees, and tree ban decisions are needed today. Bill Skaer Bill Skaer, SWMC member, said a recommendation was made one year ago. Grass and leaves should be banned. It does not make sense to put more waste than necessary on a leaking landfill. Gilbert Ballinger Gilbert Ballinger spoke in opposition to some of the costs proposed. Mr. Ballinger spoke against the proposed $3.82/ton on a reduced volume to go to the payment and design of a new landfill. Mayor Knight momentarily absent. The Kingsbury tract is paid for and out to be a credit on future tipping fees. Charged tonnage fees on two pipelines that were to be moved is not right. One was moved at no charge and the other has not been removed. Permits tacked onto tonnage fees are unfair. John's sludge pond clean-up from several years ago has been paid for and should not be listed. Tonnage fees overlap - contractors already for. Volume-based yard trash will be complex and not user-friendly. Neal Pauley Neal Pauley agreed with Mr. Ballinger regarding the overlapping of fees, and that it is unfair to have to finance the closure of Brooks and the new landfill. Milt Pollitt Milt Pollitt, Chair of the SWMC, said the Committee's voting was not to approve or disapprove of a particular program but whether or not the program should be in the tipping fee. The composition of the 30-member SWMC is: 21 City of Wichita residents 5 Second or Third Class City residents 3 Rural residents A majority of the new members do reside in the City of Wichita and are fairly representative of the community by profession. All of the issues were considered based on the principles of them. A great deal of time was not spent on the cost of the issues. The following recommendation was made by the SWMC: Environmental Education Program Considered very necessary - 18 to 1 in favor Household Hazardous Waste Program, current and enhanced 16.5 to 2.5 in favor Neighborhood Clean-up/bulky Waste Program Other funding Reforestation Other funding Neighborhood Environmental Court Other funding Environmental Management Trust Fund 20 to 6 in favor - Tipping fees at Brooks accumulate to $12 million and not be diverted to other uses. Christmas Tree Recycling For 1996 season, City spend up to $50,000 to fund mulching and area clean-ups for the program. In following years, not be included in tipping fee. Acquisition of property and permitting/design for new landfill Should not be funded through Brooks Landfill tipping fees Yard waste (grass clippings and leaves) Needs to be done. Public anticipates will happen. There are options available to public to handle material by mulching mowers, home composting, commercial composting. (degradeable paper bags available - acceptable to commercial composters.) Construction & Demolition Waste ban In building construction business there is large volume of cardboard packaging materials. State law does not allow C&D transfer station or landfill to accept cardboard. The County Commission has agreed to help support legislation to remove that restriction from the Statutes. Then, a ban on the material would be viable. At this point, a ban would not be productive. Volume-based rates and curbside recycling Two subcommittees (SWMC) will be involved in study of this matter. Council Member Rogers Council Member Rogers said that, whatever programs and fees are finally approved, the City Manager's Office should be charged with developing a total public information program, including the manner to be financed, to be brought to the City Council within a certain reasonable length of time. Mayor Knight momentarily absent with Vice Mayor Cather in the Chair. Motion -- Ferris moved that construction and demolition waste not be banned from the -- carried landfill. Motion carried 7 to 0. Motion -- Knight moved that the Tree Recycling Program be maintained for 1996. Subst. motion -- Ferris moved a substitute motion that the Tree Recycling Program be sent to the County to determine whether to retain the program and, if so, to determine the funding source; and that Staff be instructed to, with no charge to the County, be available to any implementation needs as far as expertise, information, etc. Council Member Ferris Council Member Ferris said he would vote against the City doing the program because it should be a County program. -- failed Substitute motion failed 4 to 3. Cather, Cole, Rogers, Knight - No. -- carried Motion carried 4 to 3. Ferris, Gale, Kamen - No. Motion -- Kamen moved that the Neighborhood Clean-up/Bulky Waste Program be retained as -- carried presently funded. Motion carried 4 to 3. Ferris, Gale, Knight - No. Council Member Ferris Council Member Ferris said he would not support any yard waste bans at this time. When this issue came forward, the situation at Brooks was running out of time and space and there was some concern. The idea was to close Brooks Landfill and move into Kingsbury which has all changed. Leaves cannot be composted by themselves and grass clippings are not available to mix with the leaves. This will encourage people to break the law in various ways. Grass clippings are beginning to take care of themselves with education and mulching. RECESS The City Council recessed at 11:55 a.m. and returned at 1:15 p.m. Council Member Cather Council Member Cather spoke in favor of the yard waste ban which is a signal to the public that the City is doing something in this area. Council Member Cole Council Member Cole said the CPOs and neighborhood associations should discuss this matter in the same manner other matters are discussed. Council Member Kamen Council Member Kamen said that, if the County's decisions are expensive, then the matter becomes economic. Residents could then send out yard waste cheaper than it could be sent to the landfill. Right now, there is no other benefit in an economic, convenience, or needed sense. Motion -- Ferris moved that yard waste not be banned from the landfill in 1997; that sometime within 30 to 45 days after the County submits its Plan, the City Council -- carried evaluate yard waste ban for 1998. Motion carried 5 to 2. Cather, Knight - No. Motion -- Cather moved that household hazardous waste program be continued. Motion carried -- carried 7 to 0. Motion -- Kamen moved that the Neighborhood Environmental Court continue to be funded out of the landfill fund. Council Member Ferris Council Member Ferris said this ought to be funded out of the court system. Council Member Kamen Council Member Kamen said that, historically, environmental concerns have been funded out of the landfill system. This should be kept in the landfill fund so new precedents will not be set for environmental concerns. Chris Cherches City Manager said $20,000 for Environmental Court is probably 10 percent of the cost of the Environmental Court. This was prorated based on the amount of activity resulting from nuisance violations from waste. Council Member Rogers Council Member Rogers stated that he did not want to indicate, in any way, that the Environmental Program is being compartmentalized or diminished. -- carried Motion carried 4 to 3. Ferris, Gale, Knight - No. Motion -- Cather moved that the Environmental Education Program be kept in what is being considered. Council Member Ferris Council Member Ferris said he believed it is no longer the responsibility of the City to do environmental education except in the areas that relate to Brooks Landfill and whatever the City is trying to do to accomplish waste reduction. The City's focus should be narrowing. It is hoped that the $256,000 is not a firm number and that an evaluation can be done on what the City ought to be doing in, perhaps, a workshop on next year's spending. Some time in the next three to four months, it is hoped the City would evaluate what the City should be educating the community on. What elements of environmental education the City should be responsible for. -- carried Motion carried 7 to 0. Motion -- Rogers moved that the Environmental Management Trust Fund from tipping fees be approved. Steve Lackey Director of Public Works, responding to a question, explained that a few years ago, the City Council had a discussion regarding the appropriate amount to set aside for a fund balance in case any spills needed to be cleaned up. At that time, it was felt that $12 million was the appropriate amount that the City would try to get into the fund over a ten-year period. This process was started and the balance will be about $6 million at the end of 1996. It is thought $12 million is an appropriate amount considering that the City will spend about $7 million on the current problem. The closure will run about $14 million; the post-closure will be about $15 to $16 million over the next 30 years. All of that is being funded in the first five years. Council Member Ferris Council Member Ferris stated that the City is inordinately pricing the City's residents unfairly by trying to fund a 30-year program in the next five years. The City has, at its disposal, many ways to license and capture the closure costs. Eventually, a re-evaluation will be necessary to see whether or not there will be enough money for some of the programs approved today. The City needs some money in environmental contingency but that money can be captured through tipping fees, licenses, and other means. Council Member Kamen Council Member Kamen said the Environmental Contingency Fund should be handled like a budget. -- carried Motion carried 6 to 1. Gale - No. Motion -- Ferris moved that new landfill permitting and design not be included in the 1997 -- carried budget. Motion carried 7 to 0. Motion -- Ferris moved that the household hazardous waste enhanced facility be included in -- withdrawn the 1997 budget. Motion, with consent of second, withdrawn. Motion -- carried Knight moved that reforestation not be included. Motion carried 7 to 0. Motion -- Ferris moved that the tipping fee for 1997 include all programs voted on and supported; and that the tipping fee be set at $27.59 for 1997. RECESS The City Council recessed at 2:05 p.m. and returned at 2:40 p.m. -- withdrawn Motion, with consent of the second, withdrawn. Motion -- Cather moved that the base tipping fee of $28.89 be adopted; the environmental programs and add-alternatives as previously discussed be approved to be funded from the landfill fund. Council Member Ferris Council Member Ferris said that included in the $28.89 is $30 million accumulated over the next five years, plus an additional $12 million, for a total of $42 million. To take the tipping fee that high, before all the information is in from next year regarding where the City will be, is unnecessary. There are means to get the money after the year 2001 if additional moneys are needed. It would be better to be too low in the tipping fee at this time, when the amounts needed are unknown, than to bank the money for no practical reason. Subst. motion -- Ferris moved a substitute motion that the tipping fee be set at $26.00/ton; all of the programs that the City Council has approved be included; any of the money that is over and above the landfill operation, closure cost, base tipping fee, landfill acquisition, and all the programs, would go into the post closure fund. -- withdrawn Cather, with consent of the second, withdrew the motion. With no motion on the floor, there is no substitute motion. Chris Cherches City Manager stated that he was comfortable with th $26 tipping fee in as much as it is felt that this gets the City moving toward the special programs the Council has approved and the post-closure and contamination costs. There is ample time as it is only five months before budget time and, at that time, the City will know what the County is going to do relative to solid waste options. This is sufficient to begin implementing the entire program and to start to build on the funds. The operation, closure, and post-closure costs are being modified. All of those funds will not be needed, initially, during the five-year period of time. There will be ample time to adjust the funds upward at any time it is felt the current revenue is not keeping pace with the anticipated tonnage fee. Motion -- Ferris moved that the tipping fee for 1997 be set at $26.00/ton which would include all of the programs previously voted on and the acquisition of property; and any money that is not dedicated strictly to the programs, or any savings from -- carried those, would go into the Closure/Post-Closure Fund. Council Member Ferris Council Member Ferris summarized as follows: Approved Environmental Contingency Fund has been approved - $4.69/ton ($12 million by 2001) Neighborhood Environmental Court $20,000 Bulky Waste/Neighborhood Clean-up $150,000 Hazardous Waste programs $440,000 (approximately) Environmental Education Programs $256,000 Tipping Fee - $26.00/ton (Herzog $6.71/ton through June) Leftover moneys to go to Closure/Post- closure Tree Recycling Program Not Approved Reforestation Landfill Permitting or Design GROUP LIFE INSURANCE CONTRACT/ORDINANCE PERTAINING TO GROUP LIFE INSURANCE. Ray Trail Director of Finance reviewed the Item. Agenda Report No. 96-959 The City of Wichita provides life insurance benefits to employees and their dependents through the Wichita Municipal Employees Group Life Insurance Plan, a self-insured program. In 1995, an actuarial evaluation of the plan was performed to insure the required assets were available to secure the benefits and the correct level of contribution and sufficient retained earnings were maintained by the Plan. The analysis concluded the current premiums were sufficient as long as retained earnings are maintained. The study also recommended catastrophic excess loss insurance to reinsure the Plan. During the review of catastrophic insurance options, it became evident that the entire self-insurance program should be re-evaluated. Research was undertaken to determine the competitiveness of outside insurance companies versus retaining the City s self-insured program. An RFP was issued seeking companies to provide administrative support, reinsurance, and other services for the Group Life Insurance Program. Four proposals were received. Two firms (ReliaStar and Minnesota Mutual) were interviewed, resulting in contract negotiations with Minnesota Mutual Life Insurance Company. The Group Life Insurance Program provides approximately $150 million in term life insurance and accidental death and dismemberment (AD&D) coverage for 2,400 employees. Program enrollment, administration, and claims processing are all in-house functions. The services of a life insurance administrator was sought to assist with the increasing complexity of health reviews for disabilities and late enrollees and to standardize financial and legal issues. The proposed agreement with Minnesota Mutual protects the long-term solvency of the life insurance fund by limiting exposure and providing a maximum annual liability; continues the existing group life insurance program with no increase in employer or employee contributions, no re- enrollment, and no reduction in coverage; privatizes the waiver of premium and late applicant processing; ensures the insurance benefit is tax-free; allows the option to convert to an individual policy upon employment termination. The proposed contract provides a maximum monthly premium of .265/1000 plus $1.21 per dependent coverage (this equates to approximately $42,000 per month). The fixed- rate premiums are .025/1000 plus .09 per dependent coverage. On a monthly basis, the City will pay the fixed-rate premium (approximately $3,800) plus any death claims up to the monthly maximum liability ($42,000). The City currently reinsures the basic AD&D coverage at .045/1000. Minnesota Mutual will provide the same coverage for .035/1000. It is projected that the total cost of the life insurance program will remain approximately the same while limiting the City s legal exposure, easing internal administration and providing catastrophic excess loss insurance. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the Ordinance amending the Group Life Insurance Plan be placed on first reading; and the contract with Minnesota Mutual Life Insurance Company effective December 1, 1996, be approved and the Mayor be authorized to sign. -- carried Motion carried 7 to 0. ORDINANCE An Ordinance amending Sections 2.52.010, 2.52.020, and 2.52.030 of the Code of the City of Wichita, Kansas, and repealing the originals thereof and repealing Sections 2.52.040, 2.52.050, 2.52.060, 2.52.070, 2.52.080, and 2.52.090 of the Code of the City of Wichita, Kansas, pertaining to group life insurance, accidental death and dismemberment insurance, and dependent life insurance for city employees, introduced and under the rules laid over. ARTS CENTER DOWNTOWN COMMUNITY ARTS CENTER. Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-934. In November, 1994, a Community Cultural Arts Plan was approved by the City Council that included recommendations to bring together the various arts organizations in the community. The focus of the Plan was to avoid duplication of arts programming and better utilize community resources for the arts. A key element in the Community Cultural Arts Plan is co-locating the Park Department's cultural arts program and the Wichita/Sedgwick County Arts and Humanities Council in a centrally- located facility in the downtown area. Co-location of these two entities would facilitate the community's cultural development and provide an opportunity for joint cultural planning, policy development, information gathering, and sharing and the development of quality programs. A joint facility would also allow for convenient access to the various art programs and assistance to Wichita art organizations who have limited resources. A City-owned facility has been identified as an attractive location for a Community Arts Center. The facility is currently vacant and is located downtown at Lewis and Water Streets near the Boathouse ( it is known as the Warehouse). The building offers approximately 15,000 square feet of space and includes ample parking. The facility would accommodate office needs for City's cultural arts programs and staff associated with the Wichita/Sedgwick County Arts and Humanities Council. Additionally, local artists could rent studio space or be provided space at a reduced rate, in exchange for the artist teaching programs held at the Center. Gallery (retail) space would also be available at the facility for local professional artists to show and sell works of art. The facility would provide adequate exhibition space for the Kansas Scholastic Art Award program which allows young artists to present their works of art and compete for scholarship awards. Numerous art education programs (to be held year-round) would be planned for this facility that target special populations, youth and adults. One key element of an arts education activity will be the establishment of an "artist- in-residence" program. The Chicago Gallery 37 program, for example, which combines art education, job training and enrichment programs for high school youth, would also be implemented at this facility. The program would be structured as a pay-while-you-learn program to teach job skills in visual, performing and literary arts. The Warehouse facility utilized as a Community Arts Center, has other advantages due to its central location. It will be a valuable asset to the entertainment district by joining the Wichita Boathouse, Lawrence Dumont Stadium, Century II, the new Ice Rink, the Downtown Public Library, and the soon be constructed Science Center. At the same time, it would be an attraction for tourists and visitors attending Century II events/conferences. If approved, the arts/crafts activities currently located at the Evergreen Park complex will be relocated to the downtown Center. It would then allow other desired area and neighborhood uses in this facility. The adopted Cultural Arts Plan has a number of specific goals, some of which might be more easily addressed by the approval of the Community Arts Center concept. In addition, it would further goals of: A) Providing for a central location and linkage (City-cultural institutions) for cultural arts planning/development as the Center would offer a convenient access to arts and cultural services, especially at the neighborhood level; B) Establishing a partnership among the stakeholders to coordinate and enhance arts education and enrichment programs for Wichita youth; C) Providing a base to assist local arts and cultural organizations with training, technical assistance and the implementation of a cultural incubator program; and D) Expanding its partnership with the Arts and Humanities Council and other art groups in Wichita/Sedgwick County. The total cost of renovating this city-owned facility, including architectural and engineering fees, as well as interior and exterior renovations, landscaping and parking lot improvements is estimated at $550,000, depending upon the renovation work required to meet codes. While the current CIP does not include this project, there are several financing options that might be considered, including: 1. Local financing and donations - it is estimated that private funding could be raised to assist in the renovation work if public funds could be allocated as leverage/match. In addition, possible grants-in-aid might be possible with local matching funds. 2. Community Development funding - an Arts Center is an eligible project utilizing CDBG funding. Such a program, offering services and art education for the youth, is an established priority for the city. (Funds can be programmed from this source from income from a 1983 Mortgage Revenue Bond closure.) 3. Use of designated funding for downtown improvement programs, including the funds set-aside in the Executive Manor contribution fund. This amount totals approximately $260,000. 4. Utilize a combination of local funding and private donations/support. It is estimated that $250,000 could be raised by the private sector. However, a local funding source, such as one of the options above, would need to be approved by the City Council. It is possible that inmate labor could be utilized for some of the renovation work which might reduce the amount of funding necessary for this project. However, a supervisor may need to be hired to oversee this project. A local funding source for the other project costs would still need to be identified. In addition to the renovation costs, the building will have annual operation and maintenance costs. The funding the Park Department currently budgets for operation and maintenance at the Evergreen facility could be redirected to this facility. Additionally, any rentals paid by the artists could be directed towards operation and maintenance costs. The City would need to enter into a lease agreement with the Park Department and the Wichita/Sedgwick County Arts and Humanities Council for this facility. It is recommended that the City Council approve the location of the downtown Community Arts Center at the Warehouse facility location and authorize matching funds to complete renovation work in the amount not to exceed $300,000 and funded from options #2 and #3. A City-owned facility at Lewis and Water Streets has been identified as a possible location for a Community Arts Center. Council Member Ferris Council Member Ferris said the money could be used or earmarked for other projects. Council Member Cole Council Member Cole stated that this was an opportunity to enlarge classes and centrally locate programs; and, there is a potential for the educational/arts program to be be greatly enhanced. The primary focus of this program is for young people and adults who would like to learn about the arts and culture and cannot afford to do it in many of the more expensive ways. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the location of the Downtown Community Arts Center at the City facility; that matching funds to complete renovation work in the amount not to exceed $300,000 and funded from Options 2 and 3 above be authorized, with the caveat that the community attempt to raise matching funds to enlarge the -- carried offerings out of that building. Motion carried 7 to 0. ST. MARK'S BUILDING ST. MARK'S BUILDING. Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-929. The City acquired the St. Mark's church at 2811 East 21st Street North, in connection with the 21st Street Redevelopment Project. When the property was acquired, it was for the express purpose for use as the Northeast Library. The City Council selected an alternate location for the new library. The St. Mark's building is now vacant and needs to be repaired or removed. Since acquisition, the roof condition has worsened and needs to be repaired to protect against further deterioration. The estimated cost to repair/ replace the roof is $14,000. The estimated cost to remove the building is $20,000. Community Development Block Grant (CDBG) funds could be allocated to repair or remove the structure. If CDBG funds are used for rehabilitation, a 20-day public comment period is required to add this new activity to the Consolidated Plan. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Council Member Rogers Council Member Rogers said that, if the City were going to maintain the structure long-range, the roof would need to be repaired but, at this point, it is unknown whether or not the City is going to maintain it. Motion -- Rogers moved that the City Manager be authorized to send out Requests for Proposals for commercial use for St. Marks and the adjacent parking lot; and if no acceptable offer is received within 60 days, the City proceed with demolition -- carried to be paid for from CDBG moneys. Motion carried 7 to 0. CITY COUNCIL AGENDA KEEN KUTTER KEEN KUTTER BUILDING DISCUSSION OF CONDITION OF KEEN KUTTER BUILDING. (Requested by Council Member Kamen) Discussion was had and action is shown in with Planning Agenda Item No. 54. MEETING SCHEDULE MEETING SCHEDULE FOR DECEMBER, 1996. A majority of the Council will be attending the National League of Cities meeting December 7-10, 1996. In addition, Christmas Eve and New Year's Eve fall on Tuesday Council Meeting days. Motion -- Rogers moved that the December 10th, 24th, and 31st City Council meetings be -- carried canceled. Motion carried 7 to 0. PUBLIC FACILITIES NAMING OF PUBLIC FACILITIES. Chris Cherches City Manager reviewed the Item. a. Central (Downtown) Library Some time ago, the Council formed a Mayor's Advisory Committee on naming on public facilities and asked them to look into an appropriate facility to name after former Mayor Tony Casado. The Naming Committee has met and recommended that the Central Library be named after former Mayor tony Casado for his long-time service to the community and to the State. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Rogers moved that the dedication of the Central (Downtown) Library to former Mayor Tony Casado be accepted and that there be a plaque or other memorial of some distinction denoting the honor. Mayor Knight Mayor Knight suggested something be done similar to what was done for former Mayor Bob Brown. -- carried Motion carried 7 to 0. b. Northeast Library Chris Cherches City Manager stated that the Naming Committee did not discussed but did not specifically address the naming of the Northeast Library. The Committee felt that since the proposed name did not fit within the Policy, that decision should be made by the City Council. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Council Member Rogers Council Member Rogers said part of the Council procedure is that buildings be named for persons who are deceased. There are extenuating circumstances with the Northeast Library which would allow the Council to deviate from that part of the Council procedure. Council Member Rogers recommended that the Northeast Library be named in honor of Dr. Maya Angelou, a renowned international author, poet, actress, and ambassador of good will. Dr. Angelou spent seven years of her youth not speaking as a result of a traumatic experience - she could speak, she just would not. Dr. Angelou speaks seven languages and has only formally finished high school. During the seven non-speaking years, all Dr. Angelou did was go to the library and read. In addition, because of her international fame, Dr. Angelou becomes an ambassador for the City of Wichita. Dr. Angelou has served as an honorary professor at Wichita State University and has been in Wichita a number of times to work with various groups, organizations, and individuals. Motion -- Rogers moved that the Northeast Library be named in honor of Dr. Maya Angelou -- carried with the dedication sometime in December. Motion carried 7 to 0. APPOINTMENTS APPOINTMENTS TO WICHITA COMMISSION ON THE STATUS OF WOMEN. Two appointments (Ferris, Rogers), for terms expiring June 30, 1997. Motion -- carried Ferris moved that the appointment be deferred two weeks. Motion carried 7 to 0. Motion -- carried Rogers moved that the appointment be deferred two weeks. Motion carried 7 to 0. APPOINTMENT TO WICHITA PUBLIC BUILDING COMMISSION. One appointment (Gale), for a term expiring June 30, 1997. Motion -- carried Gale moved that the appointment be deferred two weeks. Motion carried 7 to 0. APPOINTMENT TO WICHITA-SEDGWICK COUNTY ALCOHOL AND DRUG ABUSE ADVISORY BOARD. One appointment (Council-at-large), for a term expiring June 30, 1997. Motion -- carried Ferris moved that the appointment be deferred one week. Motion carried 7 to 0. NOTICE OF VACANCY - HUMAN SERVICES BOARD. One vacancy (Council-at-large), due to the resignation of Kitty Creech, for a term expiring June 30, 1997. Appointment will be made December 3, 1996. PROCLAMATIONS PROCLAMATIONS. -- Children of Color Voices Around the World United for a Common Cause Awareness Days -- Read Me A Story Day Motion -- carried Knight moved that the proclamations be authorized. Motion carried 7 to 0. OFF AGENDA ITEM APPOINTMENT APPOINTMENT TO CPO NORTHWEST COUNCIL, SUBDISTRICT 2. Motion -- Ferris appointed Tony Hemmens, 1728 North Mt. Carmel, and moved that the -- carried appointment be approved. Motion carried 7 to 0. CONSENT AGENDA Knight moved that the Consent Agenda, except Items 28, 39, and 44, be approved in accordance with the recommended action shown thereon. Motion carried 7 to 0. BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED NOVEMBER 12 AND NOVEMBER 18, 1996. At 10:00 a.m., Friday, November 8, 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 November 12, 1996) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS 1995 Main Replacement Project Group "F": south of Central, east of Martin Luther King Highway (89039); and north of Hillside, north of Second Street (89040). (448- 89039/89040/634667/544121) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 7-18-95) (District I) Hopper Construction Company - $413,969.00 ClearMeadow, Hazelwood and Meadow Grove Et Al 472-82750 (763946) Asphalt Construction - $368,975.45 Storm Water Drain No. 125 to serve Stonebriar Addition west of Meridian, south of 47th Street South. (468- 82637/750885/485-124) Does not affect existing traffic. (Council approval date 9-17-96) (District IV) Nowak Construction - $89,518.00 Lateral 70, Main 22, War industries Sewer to serve Home Design Center Third Addition north of 29th Street North, east of Rock. (468-82634/742916/480383) Does not affect existing traffic. (Council approval date 8-6-96) (District 2) WB Carter Construction Co., Inc. - $8,126.00 Knight moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign for the City. Motion carried 7 to 0. PARK DEPARTMENT/CENTURY II: STAGE LIGHTING (791202) AS PER SPECIFICATIONS Theatrical Services, Inc. - $11,109.00 Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid. Motion carried 7 to 0. At 10:00 a.m., Friday, November 15, 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 November 18, 1996) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Storm Water Sewer No. 455 to serve I-235 Power Center Addition east of Hydraulic, south of 31st Street South. (468-82419/750893/485125) Does not affect existing traffic. (Council approval date 9-20-94) (District III) WB Carter Construction Co., Inc. - $245,811.00 Negotiated to Engineer's Estimate Custer from the north line of the plat to the south line of Lot 24, Block 1; Custer Circle from the east line of Custer to and including the cul-de-sacs; Mt. Carmel Circle from the west line of Custer to and including the cul-de-sacs, and; Sidewalk along one side of Custer paving Stonebriar Addition west of Meridian, south of 47th Street South. (472- 82765/763953/490498) Does not affect existing traffic. (Council approval date 9-17-96) (District IV) Cornejo & Sons - $148,434.75 Knight moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign for the City. Motion carried 7 to 0. HUMAN SERVICES/WICHITA HOUSING AUTHORITY: REPLACEMENT OF DRIVEWAY AND SIDEWALK AT GREENWAY MANOR (127720- 2303-WHA196) AS PER SPECIFICATIONS Barkley Construction - $16,347.00 (Total Net Bid) WATER & SEWER/SEWAGE TREATMENT: QUARTERLY DISPOSAL OF ANALYTICAL LABORATORY WASTES AS PER SPECIFICATIONS Hydrocarbon Recyclers Inc dba USPCI - $.85 Per Vial (Total Net Lump Sum $1,275.00) HUMAN SERVICES/WICHITA HOUSING AUTHORITY: INSTALLATION OF HVAC EQUIPMENT AT SCATTERED SITES (127720-2803- WHA196) AS PER SPECIFICATIONS Manny's Heating & Air Conditioning Inc. Group I $10,665.00 Group II $10,665.00 Group III $ 9,480.00 Group IV $ 9,480.00 Group V $ 9,480.00 Group VI $ 9,480.00 PUBLIC WORKS/STORM WATER MANAGEMENT: MOWING OF THE WICHITA-VALLEY CENTER FLOOD CONTROL PROJECT AS PER SPECIFICATIONS City of Wichita, Park Department - $124,687.53 (Alternate Total Net Bid) MUNICIPAL COURT: MOWING VIOLATION CITATIONS (050013) AS PER SPECIFICATIONS Moore Business Forms - $7,295.00 Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid. Motion carried 7 to 0. LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1996 (Consumption off Premises) John P. Leeker L and L Inc. DBA Snacks3733 N. Arkansas Mark A. Boswell Midway Oil #6 1535 E. Pawnee New Establishment 1996 (Consumption on Premises) Teresa A. Vasquez El Patio Cafe* 424 E. Central Eun Sook Kim Hana Cafe Japanese Restaurant*306 N. Rock Rd., #20 * (More than 50% of gross revenues from sale of FOOD) Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 7 to 0. PLANS AND SPECS. PLANS AND SPECIFICATIONS. a. Lincoln Street Dam Hydraulic Operating System Installation (Arkansas River at Lincoln Street Bridge). (660738/566522) One lane traffic each direction on Lincoln. (Council approval date 08-27-96) (District All) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., November 22, 1996. Motion carried 7 to 0. b. Third Street Drainage Improvements from the Wichita Drainage Canal to Hillside. (468- 82520/660563/566499) Third Street is to be permanently closed. (Council approval date 11-19-96) (District I) c. 1997 Utility Cut Repair of streets, driveways, and sidewalks at various locations. (132035/112000) Does not affect existing traffic. (Council approval date 10-15- 96) (District All) d. 1996 Contract Maintenance Residential Curb and Gutter Repair and Miscellaneous Concrete Repairs, at various locations. (131508/112000) Traffic to be maintained through construction. (Council approval date 10-15-96) (District All) e. 1994 Water Main Replacement Program Group 2: Water Distribution Systems at Washington - Mt. Vernon to Skinner and Mt. Vernon - Washington to Ida (88811); Laura - Waterman to Kellogg (88810); and Washington - 12th Street to 13th Street North (88812). (448-88810, 88811 & 88812/632026/544068) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 07-18-95) (District I and III) f. A 16 inch Water Main in Meridian from Keywest to 51st Street North; thence east in 51st Street North to Charles Street. A 20 inch Water Main in Charles Street from 51st Street North to 56th Street North; thence west in 56th Street North to Meridian Avenue; thence north in Meridian to Rio Vista Road and a 20 inch Water Main in 51st Street North from Charles Street to the Little Arkansas River. (448- 88952/632232/544527) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 07-18-95) g. 1994 Water Main Replacement Group 1: Water Distribution Systems for Meridian from Harry to Esthner (88805) and Pawnee from Glenn to Bonn (88806). (448-88805 & 448- 88806/634766/544131) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 07-18-95) (District IV) h. Sanitary Sewer Rehabilitation Project at the southeast corner of 13th Street North and West Street. (468- 82656/621482/533259) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 07-18-95) (District V) i. Dry Creek Interceptor Relief Sewer, Phase II (east of Edgemoor; Douglas to 9th Street). (468- 82530/632422/533317) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 07-18-95) (District II) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., December 6, 1996. Motion carried 7 to 0. PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. Water Supply Line to serve South Lakes Park; Southborough Estates Addition (north of 47th Street South, west of Meridian); Part of Lot 1, Block 1, Southborough Estates Addition (north of 47th Street South, west of Meridian) Unplatted Tract (Campus High School) (north of 55th Street South) Council approval 6-4-96/12-11-90/8-25-87/6-4-96; Resolution 6-4-96/12-11-90/8-25-87/ 6-4-96. Traffic to be maintained during construction. (448-89085/88233/88234/ 89053) (635151/733238/733246/733329) (544- 615/470-401/470-402/470-410) - Total Estimated Cost - $378,000.00 b. Lift Station and Force Main for laterals 371 and 372, Southwest Interceptor Sewer to serve Stonebriar Addition (west of Meridian, south of 47th Street South). (468- 82638/742874/480-379) - Total Estimated Cost - $181,000.00 c. Storm Water Sewer No. 463 to serve Northridge Lakes and Northridge Lakes Second Additions (east of Tyler, north of 21st) Council approval 9-10-96: Resolution 9- 10-96 Does not affect existing traffic. (468-82496/750844/485- 120) - Total Estimated Cost - $100,870.00 d. Storm Water Sewer No. 464 to serve Northridge Lakes and Northridge Lakes Second Addition (east of Tyler, north of 21st). Council approval 9-10-96: Resolution 9- 10-96 Does not affect existing traffic. (468-82497/750851/485- 121) - Total Estimated Cost - $161,200.00 e. Tyler Road Paving Improvements: Tyler Road from the north line of Bradford South Addition to the south line of Bradford South Addition; a left turn lane from south line of Meadow Pass as platted in Northridge Lakes to north line of Central Park as platted in Bradford South Addition together with a decel lane to serve Meadow Pass and Tyler Road from north line of Sterling to south line of Lot 1, Block 2, Northridge Lakes, Reflection Ridge Lot 45, Block 1 and unplatted tract (Tyler, north of 21st Street). Council approval 7-12-94/4-10- 96. Tyler Road will be closed to through traffic. (472- 82481/82611/82629) (706077/763458/763391) (405-161/490-448/490- 442) - Total Estimated Cost - $438,960.00 f. Meadow Pass from the north line of Meadow Grove to the north line of Lot 8, Block 1; Meadow Grove from the east line of Tyler Road to the east line of Lot 8, Block 3; Meadow Pass Courts serving Lots 4 through 8, Block 1, and serving Lots 1 through 14, Block 4, Northridge Lakes; Meadow Grove Court from the south line of Lot 1, Block 1, Northridge Lakes Second Addition to the south line of Meadow Grove; and Sidewalk along the east line of Meadow Pass from the north line of Meadow Grove to the north line of Lot 8, Block 1, Northridge Lakes, and along the north line of Meadow Grove from the east line of Tyler Road to the east line of Lot 8, Block 3, Northridge Lakes (East of Tyler, north of 21st). Council Approval 9-10-96. Resolution 9-10-96. Does not affect existing traffic. (472-82606/763854/490-488) - Total Estimated Cost - $278,460.00 g. Sanitary Sewer Extension to serve South Lakes Park, 47th Street South and Meridian. Council approval 6- 4-96. Resolution 6-4-96. Traffic to be maintained through construction using flagpersons and barricades. Two lane traffic must be maintained at all times except when controlled by flag persons. (468-82649/ 622027/533-107) - Total Estimated Cost - $165,000.00 h. S-4 Sewer Rehabilitation Program reconstruct sanitary sewer in alley to serve west of Washington, from Boston to Zimmerly. Council approval 7-18-95. Traffic to be maintained through construction. (621391/533-250) - Total Estimated Cost - $70,000.00 i. 1995 Main Replacement Project Group "F": south of Central, east of Martin Luther King Highway; and west of Hillside, north of Second Street. Council Approval 7/18/95: Resolution 7-18-95. Traffic to be maintained during construction using flagpersons and barricades. (448-89039/89040) (634667/544-121) - Total Estimated Cost - $709,000.00. j. Lateral 30, Main 24, War Industries Sewer to serve Webb Road Commercial Addition, east of 21st Street, west of Webb. Council Approval 5-21-96. Resolution 5-21-96. Traffic to be maintained through construction. (468- 82607/742825/480-374) - Total Estimated Cost - $85,600.00. Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 7 to 0. ADVISORY BOARDS MINUTES OF ADVISORY BOARDS. Board of Housing Commissioners, 10/17/96 Board of Park Commissioners, 10/14/96 Commission on the Status of People With Disabilities, 10/30/96 Public Art Advisory Board, 10/9/96 Sedgwick County Solid Waste Committee, 10/28/96 Sedgwick County Solid Waste Management Committee, 10/21/96 Sedgwick County Solid Waste Planning Committee, 10/3/96 Wichita Airport Authority, 10/7/96 Wichita Art Museum Board, 10/24/96 Wichita-Sedgwick County Alcohol and Drug Abuse Advisory Board, 10/10/96 Board of Appeals of Air Conditioning, Refrigeration, Warm Air Heating and Boilers, 10/24/96 Board of Appeals of Plumbers and Gas Fitters, 10/8/96 Board of Electrical Appeals, 10/8/96 Board of Zoning Appeals, 9/24/96 CPO Northeast Council 1, 10/28/96 CPO East Council 2, 10/28/96 CPO Southeast Council 3, 10/24/96 CPO Southwest 4, 10/24/96 CPO Northwest 5, 10/30/96 CPO North Central 6, 10/30/96 Police and Fire Retirement System Regular Meeting, 10/23/96 Sister Cities Advisory Board, 9/9/96 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 7 to 0. STREET CLOSURES CONSIDERATION OF STREET CLOSURES/USES. Agenda Report No. 96-930. Cornejo & Sons, Inc., will begin the reconstruction of Oliver between 25th and 35th Streets North on Tuesday, November 19, 1996. The first phase of this project will involve the installation of the storm drainage system north of K-96. During this phase, Oliver traffic will be restricted to northbound only between K-96 and 37th Street North, while traffic south of K-96 will remain one lane in each direction. As the construction progresses, traffic on Oliver will be restricted to northbound only throughout the total project area. The project plans and specifications allow for this traffic control and detours for the southbound traffic will be signed using Woodlawn. This project was approved by the City Council on June 6, 1995. There is no cost to the City. Motion -- carried Knight moved that the street closure be approved. Motion carried 7 to 0. AIRPORT PROJECTS AIRPORT - CAPITAL PROJECT INITIATION. a. Terminal Chiller Controls Agenda Report No. 96-931. The project is Terminal Chiller Controls and represents improvements that will be made to Mid-Continent Airport subject to further action and approval by the Wichita airport Authority. The project has been included in a Capital Improvement program of the city of Wichita. The total cost for the Capital improvements, based on the best present information, is $20,000.00. Motion -- carried Knight moved that the resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-96-409 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 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. b. Underground Storage Tanks Agenda Report No. 96-932. The project is Underground Storage Tanks and represents improvements that will be made to Mid-Continent Airport subject to further action and approval by the Wichita Airport Authority. the project has been included in a Capital Improvement Program of the City of Wichita. Details regarding the project are disclosed in the Project Finance Proposal. The total cost for the capital improvements, based on the best present information, is $35,000.00 Motion -- carried Knight moved that the resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-96- 410 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 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. AIRPORT-CIP AMENDMENT AMENDMENT TO CAPITAL IMPROVEMENT PROGRAM - ENVIRONMENTAL COMPLIANCE MODIFICATIONS. Agenda Report No. 96-933. The project to be added is Environmental Compliance modifications. The major component of the potential project is the handling of underground storage tanks at the Safety building, fire pit, South Yard and airline maintenance building in compliance with Environmental protection Agency standards. A project amount of $50,000.00 for each year may be financed through City of Wichita General Obligation Bonds. Each project will be initiated with the Governing Body prior to the occurrence of any expenditures. Motion -- Knight moved that the amendment to the 1996-2005 CIP be allowed for the addition of said project in the amount of $50,000.00 for 1996, 1997 and 1998. Motion -- carried carried 7 to 0. SHELTER GRANT KANSAS EMERGENCY SHELTER GRANT PROGRAM CONTRACTS. (All Districts) Agenda Report No. 96-934. On July 17, 1996 the City Council approved the City's application to the Kansas Department of Housing and Commerce (KDOH&C) for 1996 Kansas Emergency Shelter Grant Program (KESGP) funding to assist eight local private nonprofit agencies. KDOH&C has awarded a 1996 KESGP Grant to the City with funding in the amount of $63,902, allocated among four eligible grant categories, to be used by the eight area homeless service providers. The eight KESGP contracts before the Council include those with the Anthony Family Shelter, the Center of Hope, Harbor House, Inter-Faith Ministries, the Salvation Army, the United Methodist Urban Ministries (UMUM), Venture House, and the Young Women's Christian Association (YWCA). The effective period for each of the contracts is from August 18, 1996 through August 17, 1997. The maximum contract amount for each contract is: Anthony Family Shelter $ 5,771 Center of Hope 10,000 Harbor House 700 Inter-Faith Ministries 14,571 Salvation Army 7,237 UMUM 11,000 Venture House 3,000 YWCA 11,623 These 1996 KESGP funds are available through the Stewart B. McKinney Homeless Assistance Act and the contracts obligate no general fund moneys. The contracts have been approved as to form by the City Law Department, and seven of the contracts have been signed by service provider designees. The Salvation Army contract has been sent to the organization's corporate office in Illinois for signatures. Motion -- Knight moved that the Contract be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. IRB - CIMARRON REINSTATE AND EXTEND LETTER OF INTENT FOR MULTI-FAMILY HOUSING REVENUE BONDS - CIMARRON ACQUISITION, INC. (District V) Agenda Report No. 96-935. On November 14, 1995, Cimarron Acquisition, L.P., a Missouri Limited Partnership, was issued a Letter of Intent for multi-family housing revenue bonds in an amount not to exceed $2.5 million. The bonds will finance the acquisition and rehabilitation of the Cimarron Apartments, a proposed multi- family housing project for low and moderate income families, located at 734 North Ridge Road. The Letter of Intent expired on May 14, 1996 and on August 6, 1996 the City Council approved the reinstatement and extension of the Letter of Intent to November 14, 1996. Cimarron is requesting that the Letter of Intent be reinstated and extended a second time to December 31, 1996. The reason for requesting the second extension is that Cimarron is completing the arrangements for the financing and needs that extra time to complete the arrangement for financing the project. Cimarron expects to issue the bonds prior to the end of the year. The Cimarron Apartments are a 132-unit apartment complex located in west Wichita on approximately 5.8 acres of land near Central and Ridge Road. The property consists of 9 apartment buildings with a total of 103,532 s.f. of leasable space and includes an office, laundry facilities, a fenced playground and a swimming pool. Each unit has a patio or balcony. The project is in need of exterior improvements, including parking lot repairs, painting, roofs, and concrete work. The interiors need new appliances and carpeting. Cimarron Acquisition, L.P. is a Missouri Limited Partnership organized to acquire, develop and operate this project. The partnership is an affiliate of KelCor, Inc. which has developed similar projects including the 82-unit Bannister Arms Apartments in Kansas City, Missouri and the 170- unit Oakbrook Apartments in Topeka, Kansas. The project is designed and intended to meet the federal tax code requirements for tax-exempt bonds issued for a "qualified housing project." At least 20% of the units (27 units) will be reserved for families and individuals that meet low income requirements prescribed by the tax code. In Wichita, that generally means a family with a combined gross income of less than $20,000 per year. While low income tenants will receive preference in the rental of the qualified units, there will be no rent subsidy resulting from the bonds and all tenants will be subject to the same criteria for acceptance as tenants. The total estimated costs of the project, and the sources of funding are as follows: Sources of Funds Bond Proceeds $ 2,500,000 Borrower's Equity 800,000 Total Sources of Funds: $ 3,300,000 Uses of Funds Acquisition of Cimarron $ 2,100,000 Rehabilitation Costs 500,000 Bond Reserve 200,000 Credit Enhancement 100,000 Cost of Issuance 100,000 Miscellaneous 300,000 Total Uses of Funds $ 3,300,000 The bonds will be issued in two series, Series A & B, with Series B being completely subordinated to the Series A bonds. The Series A bonds will be purchased by a bank yet to be determined and the Series B bonds will be purchased by the Tenant. Bond Counsel for the transaction is the firm of Hinkle, Eberhart & Elkouri, LLC, Wichita. Cimarron Acquisition agrees to submit an Equal Employment Opportunity/ Affirmative Action Plan and a Water Conservation Plan to the City as a condition for the issuance of the bonds. Cimarron Acquisition, agrees to pay all costs of issuing the bonds and to pay the City's $2,500 annual administrative service fee for the term of the bonds. Cimarron Acquisition does not request an abatement of ad valorem property taxes in conjunction with the issuance of the bonds. It is recommended that the City Council reinstate and extend to December 31, 1996 the Letter of Intent to Cimarron Acquisition, L.P., for Multi-Family Housing Revenue Bonds in an amount not to exceed $2.5 million, subject to the original conditions. Motion -- Knight moved that the Letter of Intent be reinstated and extended to December 31, --carried 1996. Motion carried 7 to 0. MAAIC MID-AMERICA ALL INDIAN CENTER SITE IMPROVEMENTS. (District VI) (Item No. 28) Agenda Report No. 96-936 On January 28, 1992, the City Council approved an Agreement with Hellmuth, Obata & Kassabaum, Inc. (HOK) of Dallas to do a master plan for the Museum District and to provide construction documents for improving Sim Park Drive. Part of the consultant's work included a parking analysis for each museum and a recommended number of stalls to be provided as funds became available for each facility. In the master plan, HOK recommended, as the first improvement, a new entry and parking for the Mid-America All Indian Center. This will enhance and link the Indian Center to the Museum District as the future gateway intersection and improved Sim Park Boulevard. On August 24, 1993, the City Council approved a Supplemental Agreement with HOK to complete construction documents for the Indian Center which include a new entry and parking, and approved the project and a budget of $400,000, which is included in the 1994-2001 Capital Improvement Program (CA-9229). Bids were taken for the project on February 3, 1995. The lowest bid received was $771,390, which was in excess of the budget and had to be rejected. Staff and HOK have studied the bid documents to reduce the project cost. The conclusion is that no significant savings could be realized without eliminating sizable numbers of new parking spaces and the new entry for the Indian Center. It is proposed that the City Council supplement the previously approved project budget by $500,000, bringing the total to $900,000. This will provide funds to rebid the project without making detrimental changes to the plans. The new estimated project cost of $900,000 would be funded by General Obligation Bonds. The additional funding has been programmed into the CIP. Council Member Kamen Council Member Kamen said he had a problem with the way the governing changes for the MAAIC were made. Jerry Martin Jerry Martin, MAAIC, said changes in the bylaws allowed for a more normal selection. The board members are appointed by the existing board members. Board members could only serve for three consecutive years and then must be off the board for one year before they can serve again. Council Member Ferris Council Member Ferris said he was concerned about the additional $500,000 and suggested this be returned to staff to design a parking lot not costing so much above the original estimate. Mayor Knight momentarily absent with Vice Mayor Cather in the Chair. Motion -- Ferris moved that this Item be deferred one week; that Staff look into the possibility of not moving the entrance or whatever needs to be done to keep the cost down; and that the Item be placed on the regular agenda. Motion carried -- carried 7 to 0. PARK REPAIR PROGRAM PARK TENNIS AND BASKETBALL COURT REPAIR PROGRAM. (District I) Agenda Report No. 96-937 The Capital Improvement program contains a project to repair various sports courts in City parks (CIP No. P-92, page 232). the work will help prevent injuries and reduce future maintenance costs. The estimated project cost is $71,000.00. The funding source is General Obligation Bonds. Motion -- Knight moved to approve the project and the Resolution be adopted. --carried Motion carried 7 to 0. RESOLUTION NO. R-96- 411 A Resolution authorizing the issuance of bonds by the city of Wichita at large for improvements to basketball and tennis courts in public parks (472-82779), presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. THIRD STREET DRAINAGE THIRD STREET DRAINAGE IMPROVEMENTS - DRAINAGE CANAL TO HILLSIDE. (District I) Agenda Report No. 96-938 On September 12, 1995, the City Council approved a project to construct Third Street drainage improvements (CIP No. D-98, page 152). An attempt to award a construction contract within the approved budget was not successful. Third Street, from one block west of Hillside to the Wichita Drainage Canal (approximately .8 mile), functions as both a concrete-lined drainage facility and a local residential street, providing access to numerous adjacent residential properties. These two functions for Third Street are only marginally compatible. The project will close the street to vehicular traffic and construct a park-line channel. The City Council previously approved a $2,150,000 budget. The current project estimate is $2,600,000. Funding for the $450,000 increase is available from underexpenditures in the Gypsum Creek project (CIP No. D-123, page 155). The funding source is the Storm Water Utility. The authorizing Ordinance has been approved as to form by the Law Department. Motion -- Knight moved that the project be approved, and the Ordinance be placed on first --carried reading. Motion carried 7 to 0. ORDINANCE An Ordinance declaring it necessary to authorize drainage improvements at Third Street, from the Wichita Drainage Canal to Hillside (468-82520) 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. VICTIMS' RIGHTS VICTIMS' RIGHTS SERVICES. Agenda Report No. 96-939 Kansas law requires that municipalities provide notice to crime victims of certain court proceedings in conformity to the Victim's Bill of Rights contained in the Kansas Constitution and statutes. The City of wichita has adopted Resolution No. R-93-327 to implement these notification requirements. for the past year the services required to implement this resolution have been provided to the City of Wichita through a contract with Correctional Counseling of Kansas. on October 29, 1996, the City Council approved negotiation of a new agreement with Correctional Counseling of Kansas to provide these services for a one year term with an option to renew for an additional year. The amount of the new contract is $42,966.00 for the 12-month term of the agreement which is an increase of $3,693.00 over the previous agreement. Funds for these contractual services have been included in the budget of the Department of Law. Motion -- Knight moved that the Contract be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. CIP PROJECT CAPITAL IMPROVEMENT PROJECT - 12 INCH WATER MAIN IN ARKANSAS FROM 37TH NORTH TO I-235. Agenda Report No. 96-940 The area north of I-235 near Arkansas Avenue was recently annexed. CIP Project W-527 (installation of a new 12 inch water main in Arkansas Street from 37th Street N. to the area on the north side of I-235) was approved to provide a water main to this service area. Due to recent annexations in the riverview area and the need for immediate water service, the original CIP W-527 was revised to provide water service for portions of the recently annexed areas and to other areas outside the city limits that recently petitioned for City water. All three CIP projects mentioned above were approved by the City Council on July 18, 1995 and again in July 1996. the total CIP budget allocated for 1996 will remain the same. Motion -- Knight moved that $450,000.00 be transferred from W-67 (634659) and $450,000.00 --carried from W-65 (635003) into W-527 (632234). Motion carried 7 to 0. NIC AMENDMENT AMENDMENT TO NORTH INDUSTRIAL CORRIDOR (NIC) SETTLEMENT AGREEMENT - COORDINATION WITH PRPS. Agenda Report No. 96-941 The Settlement Agreement between the City and KDHE relative to the investigation and remediation of the NIC Site was approved by the City Council on October 31, 1995. The Settlement Agreement was amended on July 23, 1996, to change the date that the RI/FS Work Plan was to be completed. KDHE is now requesting a second amendment to the Settlement Agreement to clarify language pertaining to coordination with other potential responsible parties (PRPs). The Participant Agreement negotiated between the City and the participating parties allows those parties to undertake their own source identification, control, or remediation activities at or near their own properties if the City and KDHE concur. The Settlement Agreement does not give KDHE the flexibility to enter into the types of agreements that might be used for this activity, however, such as interim agreements. The proposed amendment is consistent with the intent of KDHE, the City and the Participants. It removes the phrase "consent agreement" in Paragraph 164(a) and allows KDHE to use any type of "agreement" for coordination with potentially responsible parties. Motion -- Knight moved that the Amendment to the Settlement Agreement be approved and the -- carried Mayor be authorized to sign. Motion carried 7 to 0. WATER STUDY WATER TREATABILITY STUDY. Agenda Report No. 96-942 In 1993, the City Council approved a Water Supply Plan for the City. One of the concepts of that plan was the utilization of surface water from the Little Arkansas River, both for recharging the Equus Beds aquifer, and also directly as a water source at the water treatment plant. The Plan also recommends an increased reliance on surface water sources when those sources are available. Wichita has been treating water from the Equus Beds and Cheney Reservoir for almost 30 years. However, water from the Little Arkansas River has never been used as a water supply. Because every water source is different, there are differences in the best way to treat each source to meet water quality regulations. The main purpose of the study was to determine what facilities and processes would be required to treat water from the river to meet water quality standards. The study was also to determine what the impact would be of blending river water with the other raw water sources already being used. The study also included an evaluation of various treatment protocols to respond to potential taste and odor problems at either Cheney Reservoir or the Little Arkansas River. On August 2, 1994 the Council approved a professional services contract with Camp Dresser and McKee to perform the Treatability Study. Because Little Arkansas River water had not been evaluated as a water supply in the past, this study determined water quality of the river and the treatment techniques needed to meet or exceed standards that would meet Wichita's standards and state/national drinking water regulations. The study determined that the water quality of the Little Arkansas River was extremely variable. Water quality characteristics such as turbidity, total organic carbon, hardness and alkalinity changed significantly as the amount of water flowing in the river changed. Because of the extreme variability of the water in the river, the study concluded that treatment of Little Arkansas River water would be very difficult, and that it would be impractical to consider the river as a "sole source" of water at the water treatment plant. Nevertheless, the river would be an acceptable water source if it is blended with other sources. The additional treatment facilities needed would depend on the amount of water that the City could take from the river. Because of the water quality variability, the study recommends that, if river water is used, a pretreatment facility be constructed to stabilize incoming water quality. The size and complexity of those pretreatment facilities will be dependent on both the amount of water the City might take from the river and the amount of water from other sources that are blended with the river water. The study also recommends that a soda ash system be installed to treat the higher non-carbonate hardness that exists in that water. However, as stated previously, the need for these facilities is dependent upon the amount of water from the river that the City would take. The estimated cost of installing a soda ash system at the water treatment plant is $250,000. In addition, the study determined that the existing ferric sulfate storage and feed equipment at the water treatment plant is too small. The existing facilities were designed prior to the City's decision to maximize the use of surface water sources, and larger storage and feed equipment will be needed to treat the additional amounts of surface water that the City intends to treat. It is estimated that these system enhancements will cost $140,000. Because the most stringent water treatment regulations are aimed at surface water sources, the study effort also extensively tested water from Cheney Reservoir. In the past few years drinking water regulations have dealt with the impact of adding chlorine to drinking water. Research has indicated that chlorine reacts with organic materials in surface waters to form by-products that may cause cancer at levels higher than the amount in Wichita's water. The study evaluated various treatment protocols that would allow the City to meet current and potential treatment regulations dealing with these disinfection by-products (DPBs). Therefore, major areas of the study were dedicated to total organic carbon (TOC) reduction, DPB control and taste and odor control. TOC Reduction - TOC has been identified as an indicator of the potential for DPBs to be formed after the addition of chlorine. Therefore, the regulations require that a certain amount of TOC be removed from surface water before it is disinfected. This study evaluated TOC reduction at both Cheney and the Little Arkansas River using various coagulants, softening, adsorption with powered and granular activated carbon, oxidation, and blending with groundwater (water from wells). The tests that were performed showed that adsorption with powdered activated carbon was the most effective and cost efficient means of reducing TOC. Disinfection By-Products (DPBs) Control - Since DPBs above a certain level are believed to cause cancer, their control is a significant part of current and proposed regulations. This study looked at a variety of disinfection methods in order to determine which of those methods would most efficiently meet those regulations. The types of preliminary and final disinfection techniques that this study looked at included the use of chlorine/chloramines, ozone/chloramines, and chlorine dioxide/chloramines. In addition, the use of activated carbon in combination with disinfection techniques was assessed. The tests that were performed determined that the use of chlorine/chloramines is the most effective and economical means for the City to meet the current regulations. However, if those regulations are modified to lower levels of allowed DPBs, powdered activated carbon may also have to be used to meet such standards. Taste and Odor Control - The City has experienced occasional taste and odor problems in water from Cheney Reservoir, and it is reasonable to assume that water from the Little Arkansas River may also have taste and odor problems. This study looked at several taste and odor treatment techniques, including adsorption with powdered and granular activated carbon, and oxidation with ozone and chlorine dioxide, in order to determine which one may be the most effective. The tests that were performed indicated that adsorption with powdered activated carbon was the most effective and cost efficient means of reducing taste and odor problems. The study makes a number of recommendations for treatment protocols and associated facilities that may be needed to meet proposed water treatment regulations, and also to treat additional quantities of surface water, including water from the Little Arkansas River. Of these recommendations, the installation of bigger ferric sulfate storage and feed equipment is the most pressing priority. Installation of that equipment is estimated to cost $140,000 and will be included in the next budget/CIP cycle. Initiation of the other treatment protocols will be dependent on the implementation of the proposed drinking water regulations, and budget authority to implement such new treatment protocols will be requested at that time. Results from the study will be included in the design considerations for the facilities used to deliver water from the Little Arkansas River to the water treatment plant. Those facilities may not be needed for up to ten years. Motion -- carried Knight moved that the Report be received and filed. Motion carried 7 to 0. WATER SUPPLY PLAN WATER SUPPLY PLAN AND EQUUS BEDS RECHARGE DEMONSTRATION PROJECT PHASE II AND PHASE III. Agenda Report No. 96-943 On August 31, 1993, the Council approved, and instructed staff to implement, the Integrated Local Water Supply Plan recommended in the Water Supply Plan developed by Burns and McDonnell/Mid-Kansas Engineering Consultants. That Plan identified cost effective water resources that would be adequate to meet Wichita's water needs to the year 2050. On February 7, 1995 the Council approved Phase I-Project I of the Equus Beds Recharge Demonstration Project, and on November 14, 1995 the Council approved Phase I-Project 2. The purpose of the Equus Beds Recharge Demonstration Project is to determine if excess flows in the Little Arkansas River can be used to recharge the Equus Beds Wellfield and if the local wellfield can be expanded. One of the major tasks of the Water Supply Study was to project the City's future water needs, up to the year 2050. These projections estimate that the population served by Wichita's water supply system will increase from the current 335,000 to 558,000. Based on the projected use of water by that population, it is estimated that the average day water usage will increase from the current 62 million gallons per day (MGD) to 125 MGD, and that the peak day demand will increase from the current 125 MGD to 250 MGD. The Plan evaluated 27 different water supply options, and then developed the Local Integrated Water Supply Plan. The recharge of the Equus Beds Wellfield, by using water from the Little Arkansas River, is a major component of that Plan. Unfortunately the methods and approaches that would be needed to recharge the Wellfield have not been attempted in the past. Therefore, a Demonstration Project was needed in order to verify that the concepts developed in the Water Supply Plan would work and to assure that the recharge activities would have no adverse environmental impacts. Phase I-Project 2 of that project will be completed in early 1997. This phase of the project includes the installation of a surface water intake, construction of spreading basins to test infiltration techniques, continued water quality monitoring, installation of recharge test wells and test recovery wells, aquatic and fisheries studies of the project area, an evaluation of cultural resources in the project area that could be impacted by the project, and a study of the possibility of expanding the local wellfield. Phase II of the project will include operational monitoring of the recharge efforts, evaluating the effectiveness of various recharge techniques, monitoring of environmental effects of the pumping and recharge activities, and review of water quality data collected during the testing. These efforts will occur over a 30 month period. Phase III is the development of an Environmental Impact Statement for the full scale project and the development of a preliminary concept design of the recharge/recovery system that will meet the City's water needs till the year 2050. It will include updating the projected water demands of the City, updating the firm yield analysis of Cheney Reservoir, and the preparation of the Environmental Impact Statement (EIS) for the full scale project that meets the requirements of the National Environmental Policy Act. Preparation of the EIS will take approximately three years, and the information that will be needed for the EIS will begin to be available over the next year. Because it is anticipated that the City will want to begin construction of the recharge facilities in about five years, it is felt that work should begin on the EIS and the concept design as soon as practical. The City is currently involved in the second year of the Demonstration project. That phase of the project will include all of the construction requirements for the project, so only engineering and water sampling and analysis costs will occur in Phase II and Phase III of the project. The total estimated cost for the next three years of this project is $5,021,000. However, the City has acquired $500,000 of cooperative funding from the U.S.G.S. to assist in water sampling and analysis, and may also acquire up to $1,500,000 of funding from the Bureau of Reclamation, which could lower the City's share of those costs to $3,021,000. The contracts before the Council today are just for the engineering services. The Phase II contract totals of $975,000, and the Phase III contract is for a total of $2,113,000 over the next 2 1/2 years. Funding for this project is included in the CIP as shown below: Project Year 1997 1998 1999 W-403 (Phase II) $1,002,000 $ 917,000 $ 943,000 W-549 (Phase III) $ 791,000 $1,118,000 $2,876,000 Motion -- Knight moved that the Supplemental Agreements be approved and the Mayor be -- carried authorized to execute. Motion carried 7 to 0. ENCROACHMENT AGREEMENT EASEMENT ENCROACHMENT AGREEMENTS. Agenda Report No. 96-944 An agreement allows a property owner to occupy the public easement and waives all rights to action in law arising out of the encroachment over the easement. in addition, the owner of the property agrees to inspect, maintain and repair the sewer from such time as construction of the structure starts until they cease to occupy the easement. The property owner also agrees to pay parties for any increased costs that may accrue due to connecting to that portion of the sewer or easement that the structure is over. Finally, the agreement not only allows the city to be held harmless from claims resulting from leaking, cave-in, or other failures of the sewer, but also allows the City to be held harmless from claims resulting from replacement or upgrade of lines, manholes, and/or other Department property in the easement. Following is a list of property owners, legal descriptions of the affected easements and reasons for the encroachments: J. V. Van Allen Lot 1 and Lot 19, Block 1, Oak Ridge Addition Construct concrete wall Nhan Thanh Tran, Themthi Duong and Hung Quoc Tran Lot 4, Block E, A. J. Christman Second Addition Existing house and concrete slab Dennis Hixon Lot 9, Block 13, Westlink 16th Addition Construct a shed Spurrier Chemical Companies, Inc. Lots 33 thru 36, Corwin's Addition Construct a dock Motion -- Knight moved that the Agreements be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. I-235 AGREEMENT SUPPLEMENTAL AGREEMENT FOR I-235 AND SENECA STREET INTERCHANGE. (District IV) Agenda Report No. 96-945 On October 17, 1995, the City Council approved an Agreement with the Kansas Department of Transportation (KDOT) for construction of a full interchange at I-235 and Seneca. The construction will provide an entrance ramp for Seneca traffic to access I-235 eastbound and will allow westbound I-235 traffic to exit onto Seneca. Since that time, the City and KDOT have identified utilities that need to be relocated to clear the paving improvements. KDOT will relocate a water line and construct a new 30 inch storm sewer beneath I-235. KGE will move an existing 16" gas line to allow for construction of a drainage structure. A Supplemental Agreement for KDOT to perform and/or coordinate the work has been prepared. The City will reimburse KDOT for 100% of all costs incurred for relocation of the water line; estimated to cost $70,000 which is available in the project budget funded by the Water Utility. The City also agrees to reimburse the KDOT in an amount not to exceed $60,000 for the construction of the new storm sewer which will be funded by KGE. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. FOX POINTE AGREEMENT FOR DESIGN SERVICES FOR FOX POINTE ADDITION. (District II) Agenda Report No. 96-946. The City Council approved Fox Pointe Addition development on September 27, 1988. The proposed Agreement between the City and Mid-Kansas Engineering Consultants, Inc. (MKEC) provides for the design of Storm Water Sewer No. 375 (south of 29th, west of Webb). Because MKEC provided subdivision engineering services for this addition, it can expedite construction plan preparation. Administrative Regulation 7a allows for the selection of MKEC under these conditions. Payment will be on a lump-sum basis not to exceed $17,850 and will be paid by Special Assessments. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. MID KANSAS CONSULTANTS SUPPLEMENTAL AGREEMENT #5 - MID KANSAS ENGINEERING CONSULTANTS. Agenda Report No. 96-947. On November 9, 1993, the Sludge Treatment and Management Plan was presented to the Council by staff and representatives of the City's engineer, Brown & Caldwell. The plan outlined recommendations to achieve compliance with United States Environmental Protection Agency (USEPA) regulations governing the use, treatment and disposal of municipal wastewater sludges (40 CFR, Part 503). On December 14, 1993, Council adopted the Sludge Treatment and Management Plan. In order to fund the mandated improvements recommended in the Sludge Treatment and Management Plan, Council approved appropriate sewer rate adjustments for 1994, 1995, and 1996. Council also approved an amended CIP, as well as amended the operating budgets. In addition, Mid Kansas Engineering Consultants (MKEC) was contracted for the engineering and construction management services for the installation of belt filter presses, shaftless screw conveyers and motor control center at the Sludge Dewatering Facility. During Summer, 1996, a redundant electrical feed to the Sludge Dewatering Facility failed. MKEC has included the replacement of this feed in the design specifications for the motor control center construction. They have also proposed including a coordination study to ensure all electrical trip devices are staged properly to prevent catastrophic failures and incompatibility with the existing systems. Staff has checked with Brown & Caldwell, who are to do coordination studies on all new electrical work that is under their scope of work, and this segment of the electrical work is not included. The total approved CIP for the Biosolids Treatment & Management Plan is $33.351 million. These expenditures are a part of CIP project S-500 and will be paid from Sewer Utility cash reserves and/or a future bond issue. To date, the Water & Sewer Department has contracts and amendments totaling $56,600 with MKEC for engineering services on this project. The Department has two other contracts in S-500, for a total amount in contracts of $28.160 million. The total cost of Amendment #5 is not to exceed $5,350.00. This would result in a total contracted amount of $28.165 million. Motion -- Knight moved that the Supplemental Agreement be approved and the Mayor be --carried authorized to execute. Motion carried 7 to 0. WEED AND SEED WEED AND SEED COST REIMBURSEMENT AGREEMENT. Agenda Report No. 96-948 The Weed and Seed Program is a federally funded grant program that brings together federal, state, and local crime-fighting agencies; social service providers; representatives of the public and private sectors; prosecutors; business owners; and neighborhood residents to "weed" out violent crime and gang activity, while "seeding" the community with social services and economic revitalization. The Weed and Seed Program is administered in in "officially recognized" sites. Wichita's Officially Recognized Weed and Seed Site is the area bounded by 9th Street, I-135, 29th Street, and Hillside. For federal fiscal 1996, the federal funding for the "weeding" component Weed and Seed Program is from federal asset forfeiture funds through a cost reimbursement agreement between the City and the Drug Enforcement Administration. The cost reimbursement agreement is for $100,000 to pay for police officer overtime, equipment, and supplies. The document "Asset Forfeiture Fund Application, City of Wichita FY 96 Weeding Strategy" details the City's weeding strategy and use of funds. The Cost Reimbursement Agreement with the Drug Enforcement Administration will reimburse the City for up to $100,000 for police officer overtime, equipment, and supplies utilized in the City's "weeding" efforts. No local match is required. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. RAILROAD SIGNALS INSTALLATION OF RAILROAD SIGNALS. Agenda Report No. 96-949. The planned paving improvements to Murdock Street between Waco and Wabash will require the relocation of railroad signals at the BNSF crossing near Santa Fe Street. The estimated cost for these signal and crossing improvement is $413,337.00 which will be paid for by Federal safety funds. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried sign. Motion carried 7 to 0. PROPERTY ACQUISITIONS PROPERTY ACQUISITIONS. Agenda Report No. 96-950. Acquisition of a portion of property located at 902 South Edgemoor (Tract #1) for the Lincoln and Edgemoor intersection Improvement Project. (District II) The Lincoln and Edgemoor Intersection Improvement Project, approved by Council on July 18, 1995, requires the partial acquisition of one tract at the Southeast corner of Lincoln and Edgemoor. This is Tract #