MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, August 22, 1995 Tuesday, 9:07 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cather, Cole, Gale, Kamen, Rogers; present. *Council Member Ferris absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Patricia L. Burnett, Deputy City Clerk; present. The invocation was given by Rev. John Nearman, Emanuel Lutheran Church. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. Minutes -- The minutes of the regular meeting of August 15, 1995, were -- approved approved 6 to 0. (Ferris absent) Mayor Knight and Council Member Cole expressed pleasure with the appointment of the new Police Chief, William "Mike" Watson. OFF AGENDA ITEM APPOINTMENT. Motion -- Knight moved that the rules be set aside and an Item be taken up off the Agenda. -- carried Motion carried 7 to 0. Motion -- Cole appointed C. Bickley Foster (Board of Zoning Appeals) and moved that the -- carried appointment be approved. Motion carried 6 to 0. (Ferris absent) NEW BUSINESS SYCAMORE/MAPLE SYCAMORE/MAPLE INTERSECTION IMPROVEMENT. (District VI) Steve Lackey Director of Public Works reviewed the Item. Agenda Report No. 95-676. On February 28, 1995, the City Council approved a design contract for improvements to the intersection of Sycamore and Maple. The project is associated with the Ice Rink development. CPO Council 6 considered the project on July 26, 1995. The Council voted 4-3 to recommend approval. The project consists of: (1) Reconstructing and widening Maple to provide two through lanes in each direction plus a center left turn lane, (2) Reconstructing and widening Sycamore to provide one through lane in each direction plus a center left turn lane, (3) Upgrading the traffic signals, and (4) Landscaping the right-of-way. The estimated project cost is $1,075,000. This project is not included in the current Capital Improvement Program (CIP). The City Council has the option to fund the project from Reserve funds or the CIP. If CIP funds are used, staff recommends the project be programmed in the Core Area section of the 1996 CIP. The Core Area section of the CIP will need to be reprioritized to allow this project to be funded in 1996. The project Ordinance authorizes, but does not require, the issuance of General Obligation bonds to fund the project. Mayor Knight Mayor Knight urged the Council to ask Staff to give their best judgment as to how to finance this project and to give serious consideration to bonding the project. It does not make economic sense to use cash for this project. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Arlene Clark Arlene Clark, owner of property at 323-329 South Sycamore, inquired whether driveways would be provided since off-street parking would be eliminated. Ms. Clark also said the alley behind the properties is in need of work. Steve Lackey Director of Public Works said existing driveways would be replaced and that staff would work with the owner to see if this matter could be worked out. Attention will also be given to the alley. Motion -- Cole moved that the project be approved and programmed in the Core Area Section of the CIP as recommended by staff; and the Ordinance be placed on first -- carried reading. Motion carried 6 to 0. (Ferris absent) ORDINANCE An Ordinance declaring the intersection of Sycamore and Maple Street (472-82627) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, introduced and under the rules laid over. BROOKS LANDFILL GAS BENEFICIAL USE OF LANDFILL GAS AT BROOKS LANDFILL. (District VI) Joe Pajor Natural Resources Director reviewed the Item. Agenda Report No. 95-677. As waste in a landfill decomposes in an oxygen free atmosphere, a landfill gas of approximately equal parts of methane and carbon dioxide is produced. Landfill gas has a low energy value compared to natural gas, but can be used directly for some applications or processed as a direct substitute for natural gas. It can be used to generate electricity, provide steam or power vehicles. Earlier this year, SCS Engineers completed a study of the potential to make use of the gas at the Brooks Landfill. The study concluded that there was no cost effective way to develop this resource given the present cost of electricity. In spite of the results of the SCS Engineers report, landfill gas developers are asking for the opportunity to attempt to make use of this landfill gas. Using natural gas as a model, the first step in the process is for the developer to secure the rights to the gas. Federal tax credits will be available to projects of this type that are under contract by the end of this year. To use the credits, a facility must be constructed and be operational by the end of 1997. Staff requests Council's approval to solicit letters of interest from qualified developers for this project. The Staff Screening and Selection Committee would evaluate these letters and, if appropriate, conduct interviews, and make a recommendation of a firm as the preferred developer. Negotiations for an agreement between the City and the preferred developer would then occur with the agreement being returned to the Council for their consideration. Landfill gas must be managed to ensure that it does not migrate off-site underground. A gas collection and venting system must be installed to assure this problem does not develop. Such a system, with free venting of the gas to the atmosphere, has already been installed in the three closed cells. Future Clean Air Act regulations may require this gas to be flared off which would further increase collection costs and add the cost of the flare. The SCS study assumes all of these requirements would occur and use of the gas was still not economically feasible. If we are able to negotiate an agreement where the City received only a token royalty for the gas, this may be the least costly way to make environmentally beneficial use of this energy resource. Under such a scenario, the City avoids the net cost of such a project as estimated by SCS Engineers. The agreement between the City and the preferred developer will be negotiated with legal assistance from the Law Department. *Council Member Ferris present. Joe Pajor Natural Resources Director said a consultant had been retained that reported early this year that it was not, at this time, economically feasible to do anything with the gas other than collect it and process it as required by regulations. However, interest has been expressed from private gas project developers in looking at the potential for doing the project. If the Clean-Air Act amendments come out as presently anticipated, the City will have a significant cost in gathering and the gas to a central flare and constructing the flare. The costs are programmed into the anticipated landfill operations. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Rogers moved that staff be directed to solicit letters of interest for the landfill gas at Brooks Landfill, and recommendation of a firm as the preferred -- carried developer be returned to the Council. Motion carried 7 to 0. EMPORIA FIRE DEPARTMENT REQUEST FOR ASSISTANCE - EMPORIA FIRE DEPARTMENT. Chris Cherches City Manager said the Emporia Fire Department recently found that its truck could not meet the fire safety-use requirements leaving them without protection for their multi-story buildings. Fire Chief Garcia has reviewed the request and feels that the City can accommodate the request for a loan of one of the City's ladder units. Emporia will assume responsibility for any maintenance or damage and will hold the City harmless from any actions resulting from the use of the vehicle. Council Member Ferris Council Member Ferris asked for information with regard to whether or not the Fire Department needs the units at the Fire training center and whether they might be of use somewhere else. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- carried Knight moved that the request be approved. Motion carried 7 to 0. CONSENT AGENDA Knight moved that the Consent Agenda, including addendum item, except Item 15b, 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 AUGUST 14, 1995. At 10:00 a.m., Friday, August 11, 1995, 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 8/14/95) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Lateral 128, Main 4, Sanitary Sewer #23 to serve Northcutt Trailer and Equipment Sales, Inc. (south of 37th Street North, west of Broadway). (468-82433/742189/480310) Traffic to be maintained through construction. (Council approval date 12-20-94) (District VI) Dondlinger Construction Co., Inc. - $32,225.00 Lateral 33, Main 12, Southwest Interceptor Sewer to serve Sunridge Second Addition (east of 119th Street West, south of 21st). (468-82158/742353/480327) Does not affect existing traffic. (Council approval date 03-17-92) (District V) Dondlinger Construction Co., Inc. - $37,572.00 Lateral 126, War Industries Sewer to serve Christ Community Church Addition (east of Webb, north of Pawnee). (468-82423/742338/480325) Does not affect existing traffic. (Council approval date 01-24-95) (District II) Wildcat Construction Co. - $24,050.00 12" Water Supply Line along 119th Street West from Texas to approximately 382 feet north of Texas (along 119th between Texas and Douglas). (448-88920/633065/544371) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 07-18-95) (District V) Dondlinger Construction Co., Inc. - $19,956.00 1995 Sanitary Sewer Rehabilitation Program to construct sewers at 10th and State Street and 2nd Street west of Broadway. (468-82484/621094/533213) One-way, one lane traffic to be maintained through construction using flagpersons and barricades. (Council approval date 07-11-95) (District VI) Wildcat Construction Co. - $24,170.00 (Base Bid) Knight moved that the contracts be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign the contract for the City. Motion carried 7 to 0. WATER & SEWER DEPARTMENT/SEWAGE TREATMENT DIVISION: BELT FILTER PRESS #4 ELECTRICAL INSTALLATION AS PER SPECIFICATIONS Linder & Associates, Inc. - $19,238.00 PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS DIVISION: TRICYCLE SWEEPERS AS PER SPECIFICATIONS Sellers Tractor Co., Inc. - $150,000.00 (Total Net Bid) <$ 35,000.00> (Less Option 1) $ 5,000.00 (Option 2) HEALTH DEPARTMENT: PERSONAL COMPUTERS AS PER SPECIFICATIONS Group I - Defer One Week Group II - Logical Sales - $19,399.00 (Total Net Bid) Knight moved that the contract be awarded as outlined above, same being the lowest and best bid. Motion carried 7 to 0. LICENSE APPLICATIONS APPLICATIONS FOR LICENSES. Adult Entertainment Valerie Washington Plato's 1306 E. Harry Retail Cereal Malt Beverages Renewal 1995 (Consumption on Premises) Jesse D. Soria Cholita's Mexican Restaurant*8987 W. Central (Consumption off Premises) Roy E. Brockmeier Quik Trip #345 4020 S. Meridian Nancy Kuhl 7-Eleven Store #916455 N. Broadway Nancy Kuhl 7-Eleven Store #9093405 S. West St. Nancy Kuhl 7-Eleven Store #9115530 E. Central Nancy Kuhl 7-Eleven Store #912277 S. Ridge Rd. Nancy Kuhl 7-Eleven Store #913707 N. Waco John J. Leeker Checkers 1625 S. Rock Rd. John R. Leftwich C Mart #7301 10330 W. Central, #140 New Operator 1995 (Consumption off Premises) Sang T. Nguyen KC Gas & Groceries #11102 W. Maple *General Retailer--beer sales derive less than 50% of gross revenues. Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 7 to 0. PLANS AND SPECS. PLANS AND SPECIFICATIONS. a. Lateral 11, Main 14, Southwest Interceptor Sewer to serve Pawnee and West Industrial Park Second Addition (west of West Street, north of Pawnee). (468- 82469/742304/480322) Does not affect existing traffic. (Council approval date 08-22-95) (District IV) b. 1995-1996 CDBG Neighborhood Improvement Program. (617522/814003) Traffic to be maintained through construction. (Council approval date 03-14-95) c. Twenty-first Street from the east line of Tyler Road to the west line of Ridge Road, including the following: PART A (132324) 1995 Contract Maintenance Overlay of 21st from Tyler to Ridge; PART B (132324) 1995 Contract Maintenance Left Turn Lane in 21st between Reflection Road and Woodchuck; PART C (763110) Left Turn Lane in 21st to serve Lot 2, Block 1, Golf Park West Addition; PART D (763144) Decel Lane on the north side of 21st to serve Reflection Ridge Commercial Addition; PART E (763284) Decel Lane on the north side of 21st east of Tee Time at Reflection Ridge Eighth Addition; PART F (763086) Decel Lane on the south side of 21st at Barrington Corner Addition; PART G (750679) Storm Water Sewer #378 in Barrington Corner Addition; PART H (763094) Accel-Decel Lane on the south side of 21st east of Tyler Road to serve Westwind Third Addition, Lots 1-5; PART I (763169) Left Turn Lane in 21st west of Tee Time at Reflection Ridge Commercial Addition; PART J (763136 & 763151) Left Turn Lane in 21st west of Reflection Road to serve Westwind Third Addition and Reflection Ridge Third Addition. (472-82596/472-81793/472-82617/472-81858/472- 81911/472-81673/ 472-81794/472-82584/472- 81928/132324/763110/763144/763284/763086/750679/763094/76 3169/763136/763151/490414/490417/490431/490411/485103/490412/490 419/490416/49041) Traffic to be maintained through construction using flagpersons and barricades. (Council approval dates various 5/11/87-6/13/95) (District V) d. Tyler Road from 21st Street to Sterling Road in Sterling Farms Second Addition. (472-81890/472-81893/472- 82338/762757/705970/705988/490378/405151/ 405152) Traffic to be maintained through construction. (Council approval date 02-14-89 & 05-18-93) (District V) e. Accel/Decel Lanes along the south side of 13th Street North from the west line of Brandt Commercial Addition to Maize Road and along the west side of Maize Road from the south line of Brandt Commercial Addition to 13th Street North; Left turn lanes and major entrances on 13th Street North and Maize Road; traffic signalization system as required; and sidewalk along 13th Street North and Maize Road, in Brandt Commercial Addition (west of Maize, south of 13th). (472- 82541/763193/490422) Traffic to be maintained through construction. (Council approval date 12-13-94) (District V) f. Access Roadway and parking lot in Swanson Park Phase I (north of Central and Maize Road). (472- 82575/785352/440066) Does not affect existing traffic. (Council approval date 06-14-94) (District V) g. Water Distribution System to serve Pawnee and West Industrial Park Second Addition (north of Pawnee, west of West Street). (448-88915/732735/470351) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 04-18-95) (District IV) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., September 1, 1995. Motion carried 7 to 0. PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. Lateral 128, Main 4, Sanitary Sewer #23 to serve Northcutt Trailer and Equipment Sales, Inc. (south of 37th Street North, west of Broadway) - $62,640.00. (468- 82433/742189/480310) Traffic to be maintained through construction. (Council approval date 12-20-94) (District VI) b. Lateral 33, Main 12, Southwest Interceptor Sewer to serve Sunridge Second Addition (east of 119th Street West, south of 21st) - $67,050.00. (468-82158/742353/480327) Does not affect existing traffic. (Council approval date 03-17- 92) (District V) c. Lateral 126, War Industries Sewer to serve Christ Community Church Addition (east of Webb, north of Pawnee) - $42,000.00. (468-82423/742338/480325) Does not affect existing traffic. (Council approval date 01-24-95) (District II) d. 12" Water Supply Line along 119th Street West from Texas to approximately 382 feet north of Texas (along 119th between Texas and Douglas) - $35,000.00. (448- 88920/633065/544371) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 07-18-95) (District V) e. 1995 Sanitary Sewer Rehabilitation Program to construct sewers at 10th and State Street and 2nd Street west of Broadway - $30,000.00. (468-82484/621094/533213) One-way, one lane traffic to be maintained through construction using flagpersons and barricades. (Council approval date 07-11-95) (District VI) Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 7 to 0. SEWER PETITION PETITION (100%) FOR SANITARY SEWER TO SERVE PAWNEE AND WEST INDUSTRIAL PARK SECOND ADDITION (NORTH OF PAWNEE, WEST OF WEST STREET). Agenda Report No. 95-678. On April 18, 1995, the City Council approved a sanitary sewer petition to serve Pawnee and West Industrial Park 2nd Addition. An attempt to award a contract within the budget set by the petition was not successful. A new petition with an increased budget is being submitted. The signature on the new petition represents 100% of the improvement district. The original project budget was $66,000. The new petition contains a $90,000 budget. The funding source is Special Assessments. Motion -- Knight moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-95-390 Resolution of findings of advisability and Resolution authorizing construction of Lateral 11, Main 14, Southwest Interceptor Sewer (north of Pawnee, west of West Street) Project No. 468-82469 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. BOARDS MINUTES MINUTES OF ADVISORY BOARDS. Ad Hoc Wichita/Sedgwick County Solid Waste Management Committee, 7/17/95, 6/26/95 CPO Southeast Council 3, 8/10/95 CPO Coordinating Board, 8/2/95 Civil Rights & Services Board, 7/31/95 Convention and Tourism Committee, 7/17/95 Historic Preservation Board, 7/10/95 Human Services Board, 7/20/95 Public Art Advisory Board, 7/19/95 Sister Cities Advisory Board, 6/2/95 Wichita Commission on the Status of People with Disabilities, 7/26/95 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 7 to 0. STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. There were no street closures considered. CLAIMS ALLOWED REPORT ON CLAIMS ALLOWED - JULY 1995. Name of Claimant Amount Ryder Truck $186.44 Harold G. Timbers $190.25 Earl D. Meeks $293.07 Motion -- carried Knight moved that the Report be received and filed. Motion carried 7 to 0. PROPERTY ACQUISITION PAYMENT OF APPRAISERS' AWARD, FEES AND COURT COSTS IN CONNECTION WITH EMINENT DOMAIN. a. Case No. 95 C 1255. (Districts IV and VI) Agenda Report No. 95-679. On May 5, 1995, the City filed an eminent domain proceeding to acquire thirteen tracts of land in connection with planned improvements to the intersection of Seneca and McCormick Streets. Three of the tracts (#6,#7 and #8) are commercial properties which are tenant occupied and from which the City is acquiring both permanent and temporary easements. The other ten tracts are a mix of residential and commercial property from which the City is acquiring only a temporary easement for use in connection with the construction. This project is a KDOT safety enhancement project in which the City pays 100% of the right-of- way acquisition costs and 20% of the construction costs. KDOT pays the remaining 80% of the construction costs. On August 14, 1995, the court-appointed appraisers filed their report in this case. They assessed damages of $58,500 for tract #6, the Salvation Army Store on the northwest corner of the intersection. They assessed damages of $63,300 for tract #7, the Breakfast Club Restaurant on the southeast corner of the intersection. They assessed damages of $58,000 for tract #8, a commercial strip along the east side of Seneca and south of Munnell Avenue. The total damages for the temporary easements on the remaining 10 tracts was $120,400. The court allowed the appraisers fees in the total amount of $9,000 and assessed court costs of $66.50 against the City. In view of the high awards for the temporary easements, staff approached KDOT seeking permission to modify the project plans to eliminate the need for these temporary easements. Staff feels that it is possible to construct the street and sidewalk improvements within existing right-of-way at these locutions. KDOT agreed and, therefore, it is staff's recommendation that the City abandon its acquisition of these ten tracts. In order for the City to acquire tracts #6, #7 and #8 for use in connection with its planned improvements to the Seneca and McCormick intersection it is necessary for it to pay the sum of $188,866.50 to the Clerk of the District Court on or before September 13, 1995. These acquisition costs are to be charged to the Seneca and McCormick project. If the City wishes to acquire tracts #6, #7 and #8 through this eminent domain proceeding it must pay the amount of the appraisers' award for these tracts, the total of the appraisers' fees and court costs to the Court within thirty (30) days of the filing of the appraisers' report. The abandonment of the ten tracts may cause the City to be assessed additional costs and expenses. These will be established by the Court and will constitute an obligation of the City in this legal proceeding.. Motion -- Knight moved that payment to the Clerk of the District Court of the appraisers' award for tracts #6, #7 and #8, appraisers' fees and court costs in the total amount of $188,866.50 and such additional costs and expenses as are ordered by the Court as a result of the abandonment of the ten tracts be approved. Motion -- carried carried 7 to 0. b. Case No. 95 C 1254. (Districts IV and VI) Agenda Report No. 95-680. On May 5, 1995, the City filed an eminent domain proceeding to acquire three tracts of land in connection with planned improvements to the intersection of Meridian and McCormick Streets. Tract #3 is a residential property from which the City is acquiring both a permanent and temporary easement. Tract #6 is a residential property from which the City is acquiring only a temporary easement. Tract #7 is a Total Petroleum gas/convenience store site from which the City is acquiring only a temporary easement. This project is a KDOT safety enhancement project in which the City pays 100% of the right-of-way acquisition costs and 20% of the construction costs. KDOT pays the remaining 80% of the construction costs. On August 18, 1995, the court-appointed appraisers filed their report in this case. They assessed damages of $1500 for tract #3. However, the City was able to acquire these easements through negotiation during the pendency of this proceeding. They assessed no damages for tract #6 because the City had acquired the easement during the pendency of this proceeding. They assessed damages of $18,000 for tract #7. The Court allowed the appraisers fees in the total amount of $3,000 and assessed court costs of $66.50 against the City. Because of the large award for the temporary easement from tract #7 (the Total tract) City staff asked KDOT to permit a modification of the project plans to omit the temporary easement and to allow the City to construct the street and sidewalk within existing right-of-way. KDOT has consented to this change. Therefore, it is staff's recommendation that the City abandon the acquisition of tract #7. There is no need to take any further action with regard to the proceedings relating to tracts #3 and #6 because these interests have been acquired. The City has to pay to the Clerk of the District Court the sum of $3,066.50 for appraisers' fees and court costs and any costs and expenses that the Court might award to the owners of tract #7 on account of the City's abandonment. The costs associated with this eminent domain action are to be charged to the Meridian and McCormick project. It is the recommendation of the Law Department that the City abandon its efforts to acquire tract #7. Under state law the City may be obligated to pay what costs and expenses, if any, were incurred by the owners of that tract in responding to this eminent domain action. It is estimated that such costs and expenses would be nominal in this case. Motion -- Knight moved that payment to the Clerk of the District Court of appraisers' fees and court costs in the total amount of $3,066.50 and such other amounts as are ordered by the Court to be paid as additional costs and expenses to the owner of -- carried tract #7 be authorized. Motion carried 7 to 0. Addendum Item. c. Payment of Appraisers' Award, Fees and Court Costs in Connection with Eminent Domain (Case No. 95C1096). (District III) Agenda Report. On April 20, 1995, the City filed an eminent domain proceeding to acquire three tracts of land in connection with planned improvements to the intersection of 31st Street South and Hillside. Tract #5 is a commercial property which is improved with an "old" convenience store building which is presently used as a pawn shop. Tracts #7 and #9 are residential properties. The City is acquiring both a permanent and temporary easements on all three tracts.. This project is a KDOT safety enhancement project in which the City pays 100% of the right-of-way acquisition costs and 20% of the construction costs. KDOT pays the remaining 80% of the construction costs. On July 28, 1995, the court-appointed appraisers filed their report in this case. They assessed damages of $41,600 for tract #5. They assessed damages of $500 for Tract #7 and $1300 for tract #9. The Court allowed the appraisers fees in the total amount of $4500 and assessed court costs of $66.50 against the City. In order for the City to acquire the right-of-way necessary for its planned improvements to the intersection, it must pay to the Clerk of the District Court the sum of $47,966.50 (Appraisers' award for all three tracts in the amount of $43,400; appraisers' fees of $4500 and court costs of $66.50) on or before August 29, 1995. The costs associated with this eminent domain action are to be charged to the 31st Street South and Hillside project. In order for the City to acquire these permanent and temporary easements in must pay the sum of $47,966.50 to the Clerk of the District Court on or before August 29, 1995. Motion -- Knight moved that payment to the Clerk of the District Court of the appraisers' award, appraisers' fees and court costs in the total amount of $47,966.50 be -- carried authorized. Motion carried 7 to 0. CHANGE ORDER CHANGE ORDER NO. 8 - KELLOGG, SYCAMORE TO EMPORIA. (District VI) Agenda Report No. 95-681. On February 25, 1992, the City of Wichita awarded a contract to Martin K. Eby Construction Company, Inc. to reconstruct Kellogg between Sycamore and Emporia. This Change Order adjusts bid quantities and provides for the payment of work which was not included in the bid proposal so that the final payment can be made to the contractor. The major items included in the Change Order are additional asphalt surfacing, dump fees for contaminated soil at Brooks Landfill, and an underrun in groundcover quantity. This Change Order represents 0.20% of the contract value, and the net value of all change orders on the project represents 0.33% of the contract value. The net amount of the Change Order is $83,631.17. Funds are available in the existing project for this expenditure (Capital Improvement Program Project F-30). The funding source is local sales tax. This expenditure is authorized by Ordinance 42- 067. Motion -- Knight moved that the Change Order be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. CONDEMNATIONS RESOLUTIONS SETTING CONDEMNATION HEARINGS FOR DANGEROUS AND UNSAFE STRUCTURES. Agenda Report No. 95-682. On July 10, 1995, and August 7, 1995, the Board of Code Standards (BCSA) held a hearing on the following six (6) properties. These properties are considered dangerous and unsafe structures, and are being presented to schedule a condemnation hearing before the Governing Body. Improvement notices have been issued on these structures, however, compliance has not been achieved. Pre- condemnation and formal condemnation letters were issued and the time granted has expired. No action has been taken to repair or remove the following properties. Property Address Council District (1) 621 N. Mathewson 1 (2) 2702 E. 15th 1 (3) 1019 S. Martinson 4 (4) 1108 N. Madison 1 (5) 1328 N. Minneapolis 1 (6) 1105 N. Edwards 6 These structures have defects that under Ordinance No. 28-251 of the Code of the City of Wichita, shall cause them to be deemed as dangerous and unsafe buildings, as required by State Statute for condemnation and consideration. Motion -- Knight moved that the Resolutions placing this matter on the Agenda for a Hearing before the Governing Body on October 10, 1995, at 11:00 a.m., be adopted. Motion -- carried carried 7 to 0. RESOLUTION NO. R-95-384 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: the east 67¼ feet of Lots 2, 4, 6, and 8, Estelle Avenue, Fairmount Orchards Addition to Wichita, Sedgwick County, Kansas, known as 2702 East 15th, in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-95-385 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lots 17 and 19, Block 3, replat of part of John McCormick's Addition to Wichita, Sedgwick County, Kansas, known as 1019 South Martinson, in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-95-386 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lots 38 and 40, in Tenth Street Addition to Wichita, Sedgwick County, Kansas, known as 1108 North Madison in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-95-387 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lots 100 and 101, on Herbert Avenue, now Minneapolis, in Rosenthal's Second Addition to Wichita, Sedgwick County, Kansas, known as 1328 North Minneapolis, in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-95-388 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: the east 150 feet of Lot 23, Park Vista Addition to Wichita, Sedgwick County, Kansas, known as 1105 North Edwards, in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-95-389 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lots 58 and 59, Shirk's Addition to Wichita, Sedgwick County, Kansas, known as 621 North Mathewson, in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. DESIGN AGREEMENTS SUPPLEMENTAL AGREEMENT FOR WATER LINE FROM THE ARKANSAS RIVER TO MERIDIAN AT NEWELL. (District VI) Agenda Report No. 95-683. On May 17, 1995, the City Council approved a contract with Professional Engineering Consultants, P.A. (PEC) to design a large diameter (36"-48") water transmission line which will provide additional capacity to serve the far west part of Wichita and to connect the existing water treatment and pumping plant at Sim Park to a proposed reservoir/treatment plant site near the Sedgwick County Zoo. The Water Department has requested that PEC prepare plans for the extension of 36" water line in McLean/Meridian from Newell (one block south of Central) to the proposed new water line that will cross the Arkansas River north of Central. This proposed extension will provide a connection to an existing 24" line in Newell to help provide better flow and pressure to the southwest part of Wichita. Payment to PEC will be on a cost plus percentage of cost basis not to exceed $9,324.20 and will be paid from Water Utility funds included in the 1995 Capital Improvement Program (W-510, Northwest Transmission Facility). Motion -- Knight moved that the Supplemental Agreement be approved and the Mayor be -- carried authorized to execute. Motion carried 7 to 0. AGREEMENT FOR DESIGN SERVICES FOR STERLING FARMS SIXTH ADDITION. (District V) Agenda Report No. 95-684. The Metropolitan Area Planning Commission approved the Sterling Farms Sixth Addition on June 15, 1995. The proposed 3-Party Agreement between the City, Ritchie Associates, Inc. and Professional Engineering Consultants, P.A. (PEC) provides for the design of water distribution system, sanitary sewer, storm water sewer and paving in Sterling Farms 6th Addition (west of Tyler, north of 21st Street North). Because PEC is providing subdivision engineering services for this addition, it can expedite construction plan preparation. Payment will be on a lump-sum basis not to exceed $52,100 and will be paid by Special Assessments. The developer is responsible for payment of the consultant engineering services until certain guarantees and requirements are met. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. AGREEMENT FOR DESIGN SERVICES FOR BUCKHEAD ADDITION. (District V) Agenda Report No. 95-685. The City Council approved the Buckhead Addition development on July 11, 1995. The proposed Agreement between the City and Baughman Company, P.A. provides for the design of Lateral 349, Southwest Interceptor Sewer; Lateral 350, Southwest Interceptor Sewer; Water Distribution System No. 448-88925; Water Distribution System No. 448-88926; and paving Cedar Park, Hickory and Cedar Park Circle (north of Central, west of 119th Street West). Because Baughman Company, P.A. provided subdivision engineering services for this addition, it can expedite construction plan preparation. Payment will be on a lump-sum basis not to exceed $64,900 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. AGREEMENT FOR DESIGN SERVICES FOR NORTHRIDGE LAKES ADDITION. (District V) Agenda Report No. 95-686. The Metropolitan Area Planning Commission approved the Northridge Lakes Addition on May 25, 1995. The proposed 3-Party Agreement between the City, Northridge Lakes, Inc. and Professional Engineering Consultants, P.A. (PEC) provides for the design of water distribution system, sanitary sewer, storm water sewer, paving and drainage in Northridge Lakes Addition (east of Tyler, south of 29th Street North). Because PEC is providing subdivision engineering services for this addition, it can expedite construction plan preparation. Payment will be on a lump-sum basis not to exceed $49,500 and will be paid by Special Assessments. The developer is responsible for payment of the consultant engineering services until certain guarantees and requirements are met. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. UTILITY OWNERS AGREEMENT BETWEEN WICHITA WATER & SEWER DEPARTMENT AND SEDGWICK COUNTY, KANSAS (SEDGWICK COUNTY PROJECT: PAWNEE - OLIVER TO WOODLAWN). Agenda Report No. 95-687. Sedgwick County has plans to construct a new highway on Pawnee between Oliver and Woodlawn. This Secondary Road Plan agreed to by the Kansas Department of Transportation acting for the County and the Federal Highway Administration requires that the County and the City enter into an agreement relative to occupancy of County highway right-of-way or the vacating of additional right-of-way to be acquired by the County for the construction of this project. The agreement stipulates that the Water & Sewer Department will maintain, adjust or construct its facilities which occupy highway right-of-way. That the cost of alterations, if any, will be paid for as follows: The County will pay actual costs for alterations of facilities located on private easements. The Water & Sewer Department will pay costs for alterations of facilities located on the County right-of- way. Alterations by the Water & Sewer Department, if any, will be completed by May 1, 1996. The Water & Sewer Department also agrees to maintain its facilities in a manner which will not endanger traffic on the highway, repair any damage done to County right- of-way, and in the event of future highway improvements remove or adjust the facilities now located on right-of-way at no cost to the County. The Water & Sewer Department s long range plans do not indicate a need for utilization of right-of-way for this project. As the City has no utility facilities in the County right-of-way, no costs will be incurred. Kansas Statutes, K.S.A. 17-1901 and case law provide that certain facilities may occupy space on County right-of-way. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried sign. Motion carried 7 to 0. EASEMENT ENCROACHMENT AGREEMENT - WEYERHAEUSER RECYCLING PLANT. Agenda Report No. 95-688. The agreement allows Weyerhaeuser to occupy the public easement and waives all rights of action in law arising out of the encroachment over the easement. The owners of the property agree to inspect, maintain, and repair the sewer until they cease to occupy the easement. Property owner also agrees to pay other parties for any increased cost that may accrue due to connecting to that portion of the sewer or easement the structure is over. The agreement allows the City to be held harmless from claims resulting from leaking, cave-ins, or other failures of the sewer and 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. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. PROPERTY ACQUISITIONS PROPERTY ACQUISITIONS BY EMINENT DOMAIN. A. 333 W. MAPLE (TRACTS #1 AND #2). (District IV) Agenda Report No. 95-689. On August 30, 1994, the City Council approved the Ice Rink Project. The development requires the City to acquire 55 multi-family, single family, and commercial tracts. Two of the required tracts are owned by Carl Cole and are located at 333 W. Maple. The parcels are legally described as Lots 1, 2, and 3 in Shirk's 1st Subdivision to Wichita, Sedgwick County, Kansas, and represent the last ownership to be acquired in the project area. The site is improved with a 6,000 square foot concrete building with a 3,600 square foot pre-engineered metal addition. The property is currently occupied by Cole's Mower Service. The structure will be demolished for the project. City staff has attempted to negotiate a purchase of the identified properties but has been unable to reach any agreement with the owner. An appraisal has been prepared and reviewed for the subject parcels which valued the site at $250,000. The owner requested $500,000 to buy a new site, build a new building and relocate. The final City offer was $350,000. No further progress is foreseen. The cost of this acquisition will be paid for by the City at large. Motion -- Knight moved that the ordinance providing for the acquisition by eminent domain of certain real property and directing the City Attorney to file the appropriate proceedings in the District Court to accomplish such acquisition be placed on -- carried first reading. Motion carried 7 to 0. ORDINANCE An Ordinance providing for the acquisition by eminent domain of certain private property, easements, and right-of-way therein, for the purpose of constructing, and maintaining a public ice arena and to be known as the ice rink project in the City of Wichita, Sedgwick County, Kansas; designating the lands required for such purposes and directing the city attorney to file a petition in the district court of Sedgwick County, Kansas, for the acquisition of the lands, easements, and access control, therein taken and providing for payment of the cost thereof, introduced and under the rules laid over. (Item 15b) B. TRACT #2, #3, #4, #5, AND #6 FOR THE SOUTH SENECA OUTFALL DRAINAGE PROJECT. (District IV) Agenda Report No. 95-690. The South Seneca Drainage Outfall Project, approved by Council on June 15, 1993, will provide a drainage system into the Wichita-Valley Center floodway for property located north of the floodway around Seneca. The project will require 7 full or partial takings. One of the tracts (tract #1) has already been purchased, with the remaining tracts still in negotiations. Staff has attempted to negotiate a purchase of the identified properties but has been unable to reach any agreement with the owners. Due to the timing requirements for the project, eminent domain action is deemed advisable. Any properties that are acquired during the process can be dropped from the ordinance. The cost of this acquisition are to be paid by the City at large. Council Member Gale Council Member Gale said the South Seneca Drainage Outfall Project was approved by Council in 1993 but has not been constructed because the City is still trying to purchase right- of-way. Recent rains have brought out the need for the project to be completed. Motion -- Gale moved that the ordinance providing for the acquisition by eminent domain of certain real property and directing the City Attorney to file the appropriate proceedings in the District court to accomplish such acquisition be placed on -- carried first reading. Motion carried 7 to 0. ORDINANCE An Ordinance providing for the acquisition by eminent domain of certain private property, easements, and right-of-way therein, for the purpose of constructing, and maintaining the South Seneca Outfall Drainage Project in the City of Wichita, Sedgwick County, Kansas; designating the lands required for such purposes and directing the city attorney to file a petition in the district court of Sedgwick County, Kansas, for the acquisition of the lands, easements, and access control, therein taken and providing for payment of the cost thereof, introduced and under the rules laid over. PROPERTY ACQUISITION ACQUISITION OF A PARCEL FOR DRAINAGE EASEMENT (TRACT #4) FOR THE NORTH OLIVER STREET WIDENING - 25TH STREET TO 35TH STREET. (District I) Agenda Report No. 95-691. The Oliver Street Widening Project, from 25th Street North to 35th Street North as approved by Council on May 2, 1995, will require the acquisition of four partial takings for right-of-way and easements. One of the properties indicated for partial taking is identified as Tract #4, located at 3100 N. Oliver and is owned by Elsie McCown. The property is currently undeveloped frontage for a 10 acre residential property and is needed to construct the street and a portion of a drainage swale to serve the subject property. The Project will require 4,561 sq. ft. of R/W to be taken from the 9.27 acre residential property. The value of the partial taking of the property was appraised at $6,841 or $1.50 per sq. ft. The owner has agreed to sell for the appraised amount of $6,841. Funds have been budgeted in the 1994 Capital Improvement Program as MS-467 in the amount of $100,000. A budget of $20,000 in funds includes: $6,841 for acquisition, $1,000 for closing costs, title insurance, and survey costs and $8,159 for contract conditions. This project uses Federal funds and relocates are eligible for relocation benefits. No relocation is necessary as a result of this taking. Acquisition costs to date for the project, including this transaction, total $8,428 with an additional $9,654 for closing, relocation, contractual conditions and demolition costs. Motion -- Knight moved that the Contract and budget be approved and the Mayor be authorized -- carried to execute the contract. Motion carried 7 to 0. PROPERTY DISPOSITION SURPLUS PROPERTY LOCATED NEAR THE SOUTHEAST CORNER OF 17TH STREET NORTH AND PARK PLACE. (District VI) Agenda Report No. 95-692. The property is legally described as follows: Part of Lots 55, 57, 59, 61, 63 and 65, Hersey's 2nd Addition. Beginning at the Northeast corner of said Lot 57; thence westerly, along the north line of said Lot 57, 60 feet; thence northerly, parallel with the east line of Lots 59 through 65, 94.93 feet; thence southwesterly, along a curve to the right with a radius of 287 feet and a central angle of 38 deg., 190.34 feet to a point on the South line of said Lot 55, said point being 175.43 feet West of the Southeast corner thereof; thence Easterly, along the South line of said Lot 55 to the Southeast corner thereof; thence Northerly, along the East line of Lots 55 and 57, 50 feet to the point of beginning, Containing 4,040.18 Square Feet more or less. This property was originally purchased in 1961 for the realignment of Park Place Avenue. Since the completion of the project, the site has been utilized and maintained by the Park Department. The Board of Park Commissioners has declared the property surplus to park needs, and has authorized Property Management to have the site declared as surplus and offer the property for sale to the adjacent homeowners and the general public. The property contains 4,040 square feet more or less; therefore, it does not meet the minimum 6,000 square foot requirement for constructing a single family dwelling. All City departments and local government entities have been notified and have shown no interest in the property. Since there is no interest in retaining ownership, and because it is costly to maintain, it appears to be in the best interest of the public to declare the property as surplus and offer it for sale to the general public. The City will receive cash consideration for the sale of the property. The surplus and sale of this property to a private party will place additional value into the tax base. Motion -- Knight moved that the property be declared as surplus and designated as available -- carried for sale to the general public. Motion carried 7 to 0. SEWER RESOLUTION REVISED RESOLUTION FOR SANITARY SEWER MAIN TO SERVE AN AREA NORTH OF 21ST, EAST OF RIDGE. (District V) Agenda Report No. 95-693. On December 15, 1992, the City Council approved a sanitary sewer petition for an area north of 21st, east of Ridge. A large portion of the improvement district was being platted as Barefoot Bay Addition, a new single family neighborhood. The project was built in 1994. The final plat of Barefoot Bay does not completely match the improvement district defined in the original petition. As a result, a revised resolution has been prepared. The special assessments will be distributed on an equal share basis to the Barefoot Bay lots. There is no cost to the City. Motion -- carried Knight moved that the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-95-391 Resolution of findings of advisability and Resolution authorizing construction of Main 16, Southwest Interceptor (north of 21st, east of Ridge Road) Project No. 468- 82235 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. WOOLWORTH BUILDING ACQ. AMENDING RESOLUTION FOR WOOLWORTH BUILDING ACQUISITION PROJECT. Agenda Report No. 95-694. On August 17, 1993, the City Council adopted Resolution R-93-343 which authorized the acquisition of the Woolworth Building in Downtown Wichita for an amount not to exceed $302,500. Amending Resolutions (R-94-286 and R-95-213) were adopted on July 12, 1994, and May 9, 1995, to increase the not to exceed amount to $402,500 to provide funding for demolition of the Woolworth Building. The Resolutions declare the City's intention to finance the project with the proceeds of general obligation bonds. The project has been partially bonded with previous series of general obligation bonds and are included for partial bonding in the series of general obligation bonds that were sold on August 1, 1995 and which is scheduled to close on August 30, 1995. In the course of examining the documentation covering the projects to be bonded in the current series of general obligation bonds, Bond Counsel has discovered a technical error in the previously adopted bonding resolutions. The project should have been authorized under the authority of Charter Ordinance No. 156, instead of K.S.A. 13-1024c which was cited in the Resolutions. K.S.A. 13-1024c is the statute from which the City has exempted itself through the adoption of Charter Ordinance No. 156. The Amending Resolution presented for adoption simply changes the authority cited to read Charter Ordinance No. 156. It also explicitly lists demolition as an authorized purpose of the project. The Amending Resolutions are needed in order to allow the bond sale to close on August 30, 1995. Bond proceeds are needed to retire temporary notes that mature on August 31, 1995. Motion -- carried Knight moved that the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-95-392 A Resolution amending Resolution No. R-95-213 of the City of Wichita, Kansas, which amended Resolution No. R-94- 286 which approved the acquisition of certain real property in the City, and declared the intention of issuing general obligation bonds of the City therefor, in order to amend the statutory authority cited therein (Project No. 435-106), presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. LAWSUIT SETTLEMENT SETTLEMENT OF LAWSUIT - WALTER F. GARNER. Agenda Report No. 95-695. On February 2, 1993, Mr. Garner was involved in a collision with a police vehicle. Mr. Garner filed a lawsuit against the City in early 1995 seeking damages in the amount of $500,000. His claim for damages was based on loss of income, medical expenses, disability, and pain and suffering. After extensive pretrial discovery and investigation of the facts of the accident and the extent of the claimed damages, the City determined that a resolution of this matter by way of compromise settlement was appropriate. (the risks of trial were considered by all sides.) After some discussion, the City has been offered an opportunity to resolve the claim with a lump sum payment of $250,000.00 as full settlement of all his claims against the City. Because of the risks associated with litigation, the Law Department recommends acceptance of the offer. Funding for this settlement payment is from the City's Tort Liability Fund. Motion -- Knight moved that payment of $250,000.00, as a full settlement of all possible claims arising out of the vehicular accident which is the subject of the claim, -- carried be authorized. Motion carried 7 to 0. ORDINANCES SECOND READING ORDINANCES. (First Reading 8/15/95) DETAMC ORDINANCE NO. 42-833 An Ordinance exempting property from Ad Valorem Taxation for economic development purposes pursuant to Article 11, Section 13, of the Kansas Constitution; providing the terms and conditions for Ad Valorem tax exemption; and describing the property of DETAMC, Inc., so exempted, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. Eminent Domain ORDINANCE NO. 42-834 Oliver Project An Ordinance providing for the acquisition by eminent domain of certain private property, easements, and right-of-way therein, for the purpose of street improvements and to be known as the Oliver Street pavement widening project in the City of Wichita, Sedgwick County, Kansas; designating the lands required for such purposes and establishing a benefit district and directing the city attorney to file a petition in the District court of Sedgwick County, Kansas, for acquisition of the lands and easements therein taken and providing for payment of the cost thereof, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. Eminent Domain ORDINANCE NO. 42-835 East Bank An Ordinance providing for the acquisition by eminent domain of certain private property, easements and right- of-way therein, for the purpose of public infrastructure and possible redevelopment and to be known as the East Bank Redevelopment Project in the City of Wichita, Sedgwick County, Kansas; designating the lands required for such purposes and directing the City Attorney to file a petition in the District Court of Sedgwick County, Kansas, for acquisition of the lands and easements therein taken and providing for payment of the cost thereof, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. FIRE FACILITY CONST. AMENDING ORDINANCE FOR FIRE FACILITY CONSTRUCTION AND REPAIRS PROJECT 435-075 Agenda Report No. 95-696. On May 24, 1994, the City Council adopted Resolution R-94-222 authorizing the acquisition of exhaust extraction equipment, the replacement of roofs and repair of damaged concrete at certain fire stations in the City, and approving the issuance of general obligation bonds to permanently finance the costs thereof. The total estimated amount authorized in the bonding resolution was $173,000, of which $150,000 was authorized to be bonded and $23,000 was to be paid from an energy savings transfer. On February 21, 1995, the City Council adopted Ordinance No. 42-616 which supplemented the bonding resolution and corrected a technical error by citing the appropriate statute need to authorize the project. A first partial bonding of this project, in the amount of $129,067, was included in the City's general obligation bond sale in August 1994. A second partial bonding, in the amount of $48,000, is included in the August 1995 G.O. bond sale, which scheduled to close on August 30, 1995. The total project cost of $177,067 exceeds the total project authorized amount of $173,000 by the amount of interim financing interest that was charged against the project. However, the energy savings transfer has not been utilized for this project and the full amount has been financed by G.O. bonds. In order to complete the legal documentation necessary to have the 1995 summer G.O. bond sale approved for closing at the end of this month, an Ordinance must be adopted to amend the total authorized cost of the project. The Capital Improvement Program assumes that $23,000 of this project will be funded with energy savings. The same amount of energy savings can be applied as a funding source for another capital improvement project, thereby avoiding any impact on the C.I.P. Motion -- Knight moved that the Ordinance be placed on first reading. Motion carried -- carried 7 to 0. ORDINANCE An Ordinance amending Ordinance No. 42-616 which authorized modifications and repairs to public buildings, and authorized issuance of general obligation bonds for the purpose of financing the costs thereof and supplemented Resolution R-94- 222 of the City, in order to increase the estimated costs of the project and the amount of bonds to be issued (Project No. 435- 075/790444), introduced and under the rules laid over. OFF AGENDA ITEM APPOINTMENT Motion -- Knight moved that the rules be set aside and an Item be taken up off the Agenda. -- carried Motion carried 7 to 0. Motion -- Kamen appointed Roger Eaton (Board of Plumbers and Gas Fitters) and moved that -- carried the appointment be approved. Motion carried 7 to 0. EXECUTIVE SESSION Motion -- Knight moved that the Council recess to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to pending litigation, legal advice, and contract negotiations; and the regular meeting be resumed at 10:15 a.m. in the City -- carried Council Chambers. Motion carried 7 to 0. RECESS Council recessed at 9:40 a.m. and reconvened in regular session at 10:20 a.m. Mayor Knight Mayor Knight announced that no action was necessary as a result of the executive session. RECESS The City Council recessed at 10:20 a.m. to a workshop session on the Municipal Court Task Force and the 21st Street Project; and reconvened at 11:15 a.m. ADJOURNMENT The City Council meeting adjourned at 11:15 a.m. Pat Burnett Deputy City Clerk COUNCIL PROCEEDINGS JOURNAL 159 AUGUST 22, 1995 Page 1