MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, July 18, 1995 Tuesday, 9:08 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cather, Cole, Rogers; present. Council Members *Ferris, Gale, *Kamen; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Patricia L. Burnett, Deputy City Clerk; present. The invocation was given by Pastor Dennis Winzenreid, Mt. Vernon Presbyterian Church. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. *Council Member Kamen present. Minutes -- The minutes of the regular meeting of July 11, 1995, were -- approved approved 5 to 0. (Ferris, Gale; absent) AWARDS AND PRESENTATIONS PROCLAMATIONS Mayor Knight presented the Proclamations that were previously approved. *Council Member Ferris present. SPECIAL OLYMPICS Daxton Miller, Special Olympics Medal Winner, and other Special Olympics participants, were recognized and presented a proclamation and medallions. July 18, 1995, was declared Daxton Miller Day. PUBLIC AGENDA TATTOO BUSINESS TATTOO BUSINESS. (Requested by Patrick M. Patterson) Mr. Patterson was not present. OLD TOWN DEVELOPMENT OLD TOWN MULTI-FAMILY DEVELOPMENT. (Requested by David Burk) David Burk David Burk, Market Place Properties, spoke regarding a plan to remodel a three story warehouse located at 230 North Mosley in the Old Town area. The structure would house 24 apartment units on the second and third floors, and retail development on the first floor. The apartments would partially house low to moderate income persons. Twelve of the units would have no income limits, 8 of the units would have a $20,362 limit for two persons and a $17,800 limit for one person, and 4 of the units would have a $16,968 limit for two persons and a $14,843 limit for one person. The Old Town Association and the Warehouse Committee have expressed support for the apartment project. Mr. Burk requested Council approval of a letter of support signed by the Mayor for housing credits. Chris Cherches City Manager said an item would be brought back to the Council for discussion regarding a strategy or policy regarding tax credits. Cities may only have one shot in future years. Council Member Rogers Council Member Rogers said the proposal could be strengthened if more than one goal, such as the use of under- utilized vendors and/or contractors, were included. UNFINISHED BUSINESS BUILDING CODE APPEAL OF REQUIREMENT OF THE UNIFORM BUILDING CODE PERTAINING TO SMOKE CURTAINS APPEAL - GREAT PLAINS AND EXHAUST VENTS IN MANUFACTURING/WAREHOUSE FACILITIES - GREAT PLAINS VENTURE, INC. Continued from July 11, 1995. Motion -- Ferris moved that this Item be deferred until the first Council meeting in -- carried August, 1995. Motion carried 6 to 0. (Gale absent) Council Members Cole, Cather, and Rogers said two or three outside technical persons might give guidance in this matter. Chris Cherches City Manager suggested selection of an architect and a civil engineer skilled in codes and active in professional design might be consultants. Staff will continue to try to work out an agreement with Great Plains. NEW BUSINESS BZA AMENDMENT AMENDING OF SECTIONS 2.12.560 AND 2.12.580 OF THE CITY CODE RELATING TO BOARD OF ZONING APPEALS FORMATION AND PROCEDURES. Council Member Kamen declared a conflict of interest and left the Bench. Chris Cherches City Manager reviewed the Item. Agenda Report No. 95-571. On June 13, 1995, the City Council discussed and approved the reduction of the fee charged for filing an appeal with the Wichita Board of Zoning Appeals from $300 to $50. During that discussion, the Council also directed that the requirement for notification of all property owners within 200 feet of the appeal be removed as a requirement. By removing this requirement, it will not be necessary for the appellant to pay for the cost of providing a certified listing from an abstract company, or for the staff to prepare and mail written notices. In addition, Section 2.12.560 of the City Code is amended to remove the requirement that a member of the Wichita-Sedgwick County Metropolitan Area Planning Commission be appointed to the Board of Zoning Appeals. The requirement has made it difficult for the Council to find an individual who is willing to commit to this much public service. Also, by removing the requirement of dual membership, the situation could be avoided wherein the dual member must vote on a Board of Zoning Appeals issue that applies to the same property upon which he or she had voted as a Planning Commission member. The Board of Zoning Appeals is a group of citizens appointed by the governing body to review requests for variances from the specific requirements of the zoning code, exceptions to the use regulations of the zoning code, and appeals from the building official's interpretation of the zoning code. The State of Kansas requires that any jurisdiction which has adopted zoning regulations must have a zoning appeals board. The City has established a seven member board in compliance with state requirements. Sections 2.12.560-2.12.610 of the Code establish the formation and operating procedures for the Board. A previous governing body established a 200-foot notification requirement for all three types of cases reviewed by the Board of Zoning Appeals (Variances, Exceptions, and Appeals). Whereas state law also requires a 200- foot notification for variances and exceptions, the state law requires only that "each party to the appeal" be mailed a copy of the official newspaper notice. Therefore, the governing body has the right to eliminate the local 200-foot notification requirement for appeals. Appeals of administrative decisions have been filed infrequently in the past. The last appeal considered by the City's Board was in late 1989. This trend may change in that more administrative authority has been given through the zoning code to the Superintendent of Central Inspection and the Director of Planning (e.g. adjustments to setbacks and parking, Old Town design review, and landscape review). This increased administrative authority along with reduction of fees and removing the requirement for a certified ownership list will probably generate more appeals in the future. The City Code requirement that one member of the Board of Zoning Appeals must also be a member of the Metropolitan Area Planning Commission is not a statutory requirement. Therefore, the Council may amend the provision for dual membership contained in the Code. It has been difficult in the past for Council members to find appointees who could commit to serve on two boards at the same time. Such dual membership could be a problem because some cases require consideration of both the Planning Commission and the Board of Zoning Appeals which places the dual member in a position of having to vote on an issue affecting the same property upon which the dual member had formed an opinion and voted as a Planning Commissioner. There should be no direct financial impact on the City of Wichita because of the suggested amendments. The appellants will benefit by not having to pay for certified ownership lists. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the Ordinance be placed on first reading. Motion carried -- carried 5 to 0. (Gale, Kamen; absent) ORDINANCE An Ordinance amending Sections 2.12.560 and 2.12.580 of the code of the City of Wichita, Kansas, pertaining to the formation and procedures for the Board of Zoning Appeals and repealing the originals of said sections, introduced and under the rules laid over. Council Member Kamen present. NPDES PERMIT COMMENTS ON NPDES PERMIT TO KDHE. Steve Lackey Director of Public Works reviewed the Item. Agenda Report No. 95-572. The U.S. Environmental Protection Agency's (EPA) Final Rule for storm water discharges (the Clean Water Act) requires the City of Wichita to reduce the discharge of pollutants from the municipal storm sewer system to the maximum extent practicable using management practices, control techniques and systems, and design and engineering methods. All municipalities over the population of 100,000 were required to submit a Storm Water National Pollutant Discharge Elimination System (NPDES) permit application in 1992 to EPA or their governing agency. The Kansas Department of Health and Environment (KDHE) is the governing agency for municipalities in the state of Kansas rather than EPA. The purpose of this permit is to give cities permission to discharge water from storm sewer systems into local bodies of water (i.e. rivers and streams). It also requires cities to monitor and improve the quality of the water being discharged by the municipalities by enacting storm water management plans. These plans or programs are to cover four major areas that produce storm water pollution: 1. residential and commercial areas; 2. illicit discharges to storm water systems; 3. industrial and waste treatment facilities; and 4. construction sites. Wichita will be the first city in Kansas to be issued a final permit. Some cities in other regions (i.e. Tulsa, OK) received their final permits several months ago and are now required to be in compliance with the regulations. The Department of Public Works was responsible for preparation of the NPDES permit application for Wichita's municipal separate storm sewer system. Application for this NPDES permit was submitted in 1992 in the form of a proposed Storm Water Quality Management Program. Relevant activities contributing to the improvement of storm water quality are housed in several City departments. The collective efforts of the departments will constitute Wichita's Storm Water Management Program. Different departments and divisions assisting the Department of Public Works Storm Water Management Division are as follows: Public Works Engineering-assist with implementation and inspection; Fire Department-assist with hazardous spill confinement and reporting; Water & Sewer Department-perform sampling, testing and assist with reporting; O.C.I.-enforcement; City Manager's Public Information Office- assist with public education programs. After the City submitted the proposed Management Program in 1992, the Municipal NPDES Storm Water permit for Wichita, Kansas was developed by KDHE and placed on public notice September 1, 1994. At that time, the City commented regarding several important changes which staff felt were necessary in the permit requirements and wording. In October of 1994, Public Works and Legal staff traveled to Topeka to discuss those same concerns with KDHE Water Bureau Director, his permitting staff and KDHE legal staff. Due to public comments received by KDHE during the 1994 public notice period and necessary modifications identified by KDHE the permit was revised to address some of the comments, although major concerns of the City of Wichita remain unresolved. The revised permit was then placed on public notice June 22, 1995, and barring significant public comment, KDHE plans to issue the final permit to the City after the close of the comment period on July 22, 1995. The Storm Water Quality Management Program submitted in 1992 to KDHE proposed targeted levels for maintenance, monitoring, and public education. The City's intent was to use the targeted levels as a blueprint for storm water management. The application stated that target levels were, "for the purpose of illustrating the City's intent and general approach in addressing storm water problems." Actual or desirable maintenance levels for improving storm water quality were defined in the proposed management program. However, attainment of these levels is dependent upon funding authorization by the City Council for maintenance and related capital improvement projects. This condition has clearly stated in the permit application. KDHE has interpreted targeted levels as final commitment levels and the permit states that the City shall, "comply with the schedules included within the Storm Water Management Program." They have also modified the City's proposal to include 14 additional items. KDHE has also stated that, "failure to comply with the Storm Water Management Plan individual items can be construed as a violation of the permit", and can lead to heavy penalties (see legal considerations for ramifications). The City's final NPDES permit, which will run for five years after issuance, will focus on: maintenance of the storm water system; street maintenance and cleaning; adoption and enforcement codes to stop illicit pollution, public education; and sampling and testing of storm water for pollutants. Some of the elements of the permit will be phased in over the five year period. After the five year permit period, KDHE (and EPA) will evaluate sampling and testing results and determine future water quality needs, including permitting, for the area. If the permit is issued as currently written, local funds will be needed above and beyond currently budgeted amounts. The following specific items will be needed to remain in compliance: 1. Street Sweeping Yr. 1- 5$112,430/yr 2. Computer Equipment for monitoring data and programs Yr. 1$ 10,650 3. Stream Gaging Sites Equip. Yr. 3$120,000 4. Detention Feasibility Study Yr. 3$100,000 5. Deicing Feasibility Study Yr. 2$ 60,000 6. Vegetative Maintenance Study Yr. 1-3$ 60,000 7. Public Education funds Yr. 1-5$ 9,000/yr One of the reasons the Storm Water Utility was implemented was to fund and manage the programs and requirements of the City's anticipated Storm Water NPDES permit, as well as address the numerous drainage problems throughout the community. However, some of the costs and responsibilities associated with the NPDES storm water program will be the burden of other City departments. Because the permit was pending, none of the above programs are provided for in the 1995 and 1996 revised, or 1997 budgets. When the permit proposal was submitted in 1992, the street sweeping program had 10 street sweepers and the capability to accomplish the street sweeping program as stated in the permit proposal. However, in 1993 and 1994, the City Council took action to decrease the street sweeping personnel and equipment fleet by 1 each year. Since that time, staff has shifted priorities in order to better manage the program (i.e. utilizing 2nd & 3rd shift work hours). But even with these changes, current staffing and funding levels in the street sweeping program, cannot accomplish the targeted levels of street sweeping required by the NPDES permit. The Clean Water Act mandates that the City develop a plan of action designed to "reduce the discharge of pollutants" into the City's storm water sewer system. The City has done this with its Storm Water Quality Management Program. The Act also requires that the City obtain an NPDES Storm Water permit in order to discharge storm drainage into local bodies of water. The Act does not require that the elements of the Storm Water Quality Management Program be made conditions of the City's NPDES permit. The NPDES permit presently proposed by the KDHE makes each element of the Plan a specific condition of the City's NPDES permit. As a consequence, if the City should fail to comply with any element of the plan, it would be subject to criminal and civil penalties for violation of its NPDES permit. Knowing violations of the permit are punishable by fines of not less than $5,000 or more than $50,000 per day and/or imprisonment for not more than three years. Negligent violations are punishable by fines of not less than $2,500 or more than $25,000 per day and/or imprisonment for not more than one year. Civil fines for violations can be sought by the regulatory agencies and by private individuals who are aggrieved by a violation of the NPDES permit. Steve Lackey Director of Public Works, responding to questions, said the KDHE requirements take away flexibility from local government. The intent of the Clean Water Act is proper but the language ties local government hands with regard to the ability to prioritize needs in the community. Wichita is meeting the intent of the law. A Storm Water Utility resource has been set up to meet the intent of the law and almost $4 million is being spent to meet the intent of the law. It needs to be determined, after a certain period of time, exactly what levels of effort are necessary to meet all the intents. There is no "magic" answer as to how many times streets must be cleaned to meet the intent of the Clean Water Act. Also, the detention feasibility studies, de- icing feasibility studies, and vegetation maintenance studies are well and good and need to be done; however, it is unsure they need to be done within the first five years of the program. There may be ways of implementing the studies over a longer period so all costs are not incurred on the front end. Council Member Cather Council Member Cather said he felt the City ought to move ahead with regard to the detention feasibility studies, de-icing feasibility studies, and vegetation maintenance studies; street sweeping is not of as much concern. Steve Lackey Director of Public Works said there are indications that the water being received by Wichita from the Big Arkansas River is affected by smaller communities and agricultural areas and is heavily silted and polluted. The law is structured so that, as a large city, Wichita must comply but there are many others that need to clean-up and do not have the resources to do so. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Mayor Knight Mayor Knight suggested the City might engage the support of the legislative delegation in this matter. Motion -- Ferris moved that the Mayor be authorized to submit a letter of response to KDHE. -- carried Motion carried 5 to 1. Cather - No. (Gale absent) MAIZE ROAD IMPROVEMENT MAIZE ROAD IMPROVEMENT, 13TH TO 21ST STREET NORTH. (District V) Council Member Kamen left the Bench. Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 95-573. The City's Capital Improvement Program includes funds to reconstruct and widen Maize Road, from 13th to 21st St. North (MS-430, page 52). This matter is being brought to the City Council to approve the project, authorize the expenditure of City funds and approve an Agreement between the City and the Kansas Department of Transportation (KDOT). On June 28, 1995, CPO Council 5 voted 7-1 to recommend approval of the project. The existing roadway is an old, 2-lane, county- type street that does not have sufficient capacity to meet peak traffic demand. The proposed improvement will provide four lanes of through traffic. Sidewalks will be installed along both sides of the street and the right-of-way will be landscaped. Plans are to let the project and begin paving in early 1996. The estimated project cost for the improvement is $2,270,000 with $1,700,000 paid by federal funds administered by KDOT and $570,000 paid by the City. The funding source for the City's share is General Obligation Bonds. Maize Road will not be closed to through traffic during construction but will be limited to one-way travel much of the time. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that the Project be approved; the Agreement be approved and the Mayor be authorized to execute; and the Ordinance be placed on first reading. -- carried Motion carried 5 to 0. (Gale, Kamen; absent) ORDINANCE An Ordinance declaring Maize Road, from 13th Street North to 21st Street North (472-82601) 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. Council Member Kamen present. FRANCHISE ORDINANCE APPROVAL OF CHILDREN'S TRANSPORTATION FRANCHISE ORDINANCE FOR KID'S KAB. Chris Cherches City Manager reviewed the Item. Agenda Report No. 95-574. Shellee Morrison proposed to operate a company called Kid's Kab. Clientele would be children between the ages of 3 to 12 years. Documentation has been presented that Kid's Kab International, Troy, Michigan, has accepted Ms. Morrison into the national network of Kid's Kab. Documentation of company insurability was presented and a filing fee of $200.00 was received by the WMTA. On April 27, 1995, the WMTA voted to recommend, by resolution, that the Council approve Kid's Kab Children's Transportation franchise ordinance. The Franchise Ordinance would become effective after vehicles were WMTA inspected, insurance policy approved, and Kid's Kab employees screened through police records checks. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Shellee Morrison Shellee Morrison, Kid's Kab, said Kid's Kab is operated in 15 states. Driver's safety is imperative. Motor vehicle record checks and criminal background checks are done and the drivers submit to a medical examination and drug screening. References and employee references will be checked very carefully. The insurance company is Lancer, a national company specializing in operations like van pools and bus services. Lancer does on-site driver training as well as continued defensive driving training via videos and approved materials. The vans will be new and completely equipped with seat belts and other safety features. There will be two- way radios installed so that anytime a driver is on the road there will be contact with the base unit in the office. Each driver will do a 48-point check of the vehicle before taking it out on the road for the day. The vans are well marked (white with red and blue Kid's Kab logo on the side. The drivers are casually uniformed (probably polo shirts with the Kid's Kab logo). There will be no question about which van a child should be boarding. A family would purchase a membership for one year with Kid's Kab. The contract would include emergency numbers where parents can be reached and alternate drop-off points where a child can be dropped off if a child is not comfortable going into a home. A photo ID serves as the child's ticket to ride so there is no transfer of money involved. It is a prepaid, pre-scheduled service - not an on-call taxi service. The membership fee will be about $25 per year and the cost will be about $6 per one-way 5-mile ride. Insurance requirements of the city will be met or exceeded. Council Member Ferris Council Member Ferris said that when the City gives approval for a franchise, there is some expectation on the part of citizens that certain criteria will be met by drivers - such as not allowing drivers with felony convictions to drive the vans. Council Member Ferris said he would be more comfortable if more restrictions such as required drivers' training program and not allowing felony convicted drivers were placed in the franchise ordinance. Motion -- Ferris moved that the Franchise Ordinance be placed on first reading subject to the addition of provisions that would require that drivers not have a felony conviction and that there would continue to be, under all circumstances, some -- carried type of driver training program. Motion carried 6 to 0. (Gale absent) ORDINANCE An Ordinance granting to Shellee K. Morrison, DBA Kids KAB, the authority, right, and privilege to establish, maintain, and operate a limited transportation system upon and over certain streets in the City of Wichita, Kansas, for the transportation of children to and from certain designated locations for hire and fixing the terms and conditions of such grant, introduced and under the rules laid over. RECESS The City Council recessed at 10:43 a.m. and returned at 11:02 a.m. Council Members Gale, Kamen; absent. BUDGET COMMENTS COMMENTS ON PROPOSED 1996-97 ANNUAL BUDGET. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Don Anderson Don Anderson, 911 North Armour, said that in the back of the proposed budget is the financial plan for the use of the WSU mill levy and that he would be speaking on the use of these moneys for 1996. Immediate attention needs to be given to the deteriorating condition of WSU's Cessna Stadium. Cessna stadium is unique in that there is no similar facility of its size in southcentral Kansas. It is an asset that would not be replicated if it were torn down. Wichita State University is in the process of determining how Cessna Stadium will be rehabilitated. The assistance of the City of Wichita and Sedgwick County is needed. The WSU Mill Levy Budget should have an amount allocated that will retire the debt on a 15-year bond issue to rehabilitate the stadium (estimated to be approximately $175,000 to be budgeted annually). It is hoped the City Council and the Sedgwick County Commission will make allowances for $175,000 in the WSU Mill Levy in order to accommodate the final actions of the University Study of the Cessna Stadium and its operation and rehabilitation. The University officials are moving in the direction of saving the Stadium and it is necessary that the City's elected officials provide the necessary resources to restore the stadium to the significance it has played in the City and County in the past. Fred Marrs Fred Marrs said Cessna Stadium is a viable community asset which has been vastly underused. In the last five or so years, the Convention and Visitors' Bureau has not attempted to schedule events at Cessna Stadium due to the lack of maintenance. The University's President recently withdrew the request from the State Board of Regents to seek legislative approval to raze Cessna Stadium and, in the process, has appointed a task force to save the stadium. It would be in the community's best interest to establish and maintain the 30,000- seat stadium. Mr. Marrs said he has seen no engineering report or individual statement that it would cost $12 million to renovate the stadium (as reported in The Wichita Eagle). There is no crumbling foundation at the stadium. There is a close-out panel at the south end of the east portion of the stadium (built in the 1940s) that is crumbling but it does not structurally or physically attach to the stadium. The panel is in the bid list to replace. The bid list covers major repair and maintenance of the stadium and totals $1,223,668.00, of which $300,000 is an allowance for permanent aluminum bench seating and $50,000 is allowance for additional concession equipment. The bid list, engineering firms, and construction company bids will be provided shortly. The State Board of Regents Architect recently estimated (without inspection) $1.1 to $1.54 to renovate the stadium. A University study estimated, in 1993, complete renovation to be $2,051,800. In 1991, there were 24 events for Cessna Stadium, 16 events which have occurred in the past, 6 annual events, and 8 potential events. The Convention and Visitors' Bureau recently accomplished a preliminary economic impact study for four additional events, two of which would bring over $1 million into the community. About a month ago, there were 20 to 25 thousand people at the state high-school track meet. It would take $175,000 to debt service $2 million at 5.7 percent interest and it is felt the city and county should set aside the $175,000 out of the mill levy budget for WSU. It is believed that the cost to renovate the stadium will be less than $2 million and the difference could be applied to a created maintenance athletic facility fund for future stadium maintenance. Subsequently, there could be a surcharge on ticket prices to help maintain the stadium maintenance fund. Mayor Knight Mayor Knight said the City Council is showing support for the Task Force by asking and getting agreement from Dr. George Rogers (Council Member Rogers) to serve on the Task Force. Senator Ranson and Henry Helgerson would also be beneficial Task Force members. Andy Solter Andy Solter, Regional Prevention Center, said he attended a Progressive Association meeting in southcentral Wichita on July 17th at which concern was raised by several residents with regard to possible closure of the Lincoln pool. Discussion turned to ways the residents, and possible business contribution, might be able to be supportive of the maintenance of the pool so that the pool might remain open. The South Central Recreation Initiative group has come together to develop after school recreational programs in southcentral Wichita, an economically deprived area which needs activities for youth. At the request of school principals and parents, an after school recreation initiative was put together. Part of the initiative was sending the youth to the Lincoln pool which has been done on a regular basis. Tickets were purchased from the City and given to the youth. The concern is that as the budget is formulated, the prevention at the southcentral area be addressed because the youth need to be dealt with before they get in trouble. Recreation activity is one way to support the youth. Mayor Knight Mayor Knight suggested exploration be done regarding the possibility of using the Emanual Baptist facility. Council Member Cather Council Member Cather said the Emanual Baptist facility is a sensitive issue and that there ought to be a way to better use all facilities. All parties in the southcentral area need to work for the good of all in the neighborhood. Motion -- carried Knight moved that the comments be received. Motion carried 5 to 0. (Gale, Kamen; absent) CDBG POLICY POLICY FOR EVALUATING AND SELECTING CDBG SPECIAL ECONOMIC DEVELOPMENT ACTIVITIES. Chris Cherches City Manager reviewed the Item. Agenda Report No. 95-575. Community Development Block Grant (CDBG) regulations permit the City to use CDBG funds for special economic development activities which are not otherwise eligible, if certain conditions are met. These include such activities as acquisition, rehabilitation, reconstruction or installation of commercial or industrial buildings, structures and other real property improvements. Assistance can be provided to for-profit and non-profit businesses in the form of loans, grants, loan guarantees, interest supplements and technical assistance. CDBG regulations issued by the U.S. Department of Housing and Urban Development (HUD) require the City, when undertaking a special economic development activity, ensure that such assistance does not unduly enrich a for-profit business by conducting an analysis to determine that the assistance is not excessive. The City must also make a written determination that the assistance is necessary and appropriate and that an appropriate level of public benefit will be derived before allocating CDBG funds for this purpose. HUD provides guidelines to be used for the selection and evaluation of special economic development activities to be funded in 24 CFR 570.209. These guidelines are composed of two components: project costs/financial requirements and public benefit. The guidelines for public benefit are mandatory. The guidelines for project costs/financial requirements are not. However, no written City policy has been implemented for such projects. Based on HUD guidelines, staff have developed a proposed Policy for Evaluating and Selecting CDBG Special Economic Development Activities. The policy provides the City with a a means to improve the evaluation and selection of CDBG special economic development activities by standardizing the methods and the criteria by which all special economic development projects will be reviewed. This will enable policy makers to implement a more focused plan for the utilization of CDBG and other available federal/state resources to meet City goals and minimum HUD requirements. It would also improve the financial and performance information available to the City Council and the public while enhancing financial accountability. HUD regulations require the City determine the extent of public benefit to be derived from a special economic development project and make a written determination that the assistance is necessary and appropriate. The City may develop local guidelines for evaluating project costs and establishing financial requirements. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Rogers moved that the policy for CDBG special economic development activities be -- carried approved. Motion carried 5 to 0. (Gale, Kamen; absent) HARDSHIP DEFERRAL PGM. HARDSHIP DEFERRAL PROGRAM FOR SPECIAL ASSESSMENTS. Chris Cherches City Manager reviewed the Item. Agenda Report No. 95-576. On March 28, 1995, the Council directed staff to review the current Hardship Deferral Program. To evaluate this policy, a Staff Task Force was created, comprised of representatives for the City Manager's Office, Law Department, Public Works, Finance-Special Assessment Office, Citizen Participation Office, and Human Services. The Task Force examined the current use of the program, communication with citizens, eligibility guidelines, and other changes felt needed to make the program more effective. The hardship deferral applies to any public improvement project, including driveway construction. In the past 15 years, there have been approximately 53 hardship deferrals for special assessments. Between 1989 to 1995, there were 16 hardship deferrals granted out of a possible 37,303 parcels that were assessed (This number reflects both new area development and improvements in established areas.) The Task Force developed six options for consideration which may improve and make the Hardship Deferral Program more effective. 1) Income Eligibility Guidelines The current guidelines used to determine eligibility are the Poverty Income Guidelines of the United States Office of Management and Budget, which are national standards. Staff is recommending the U.S. Department of Housing and Urban Development median income family limits, very low- income level, which are guidelines based on the actual Wichita median income, not a national average, be adopted. These guidelines are used in other City programs and are updated every year. For 1995, the change in guidelines would be the following: Family Size Current GuidelinesProposed Guidelines 1 $ 7,470 $14,850 2 $10,030 $16,950 3 $12,590 $19,100 4 $15,150 $21,200 5 $17,710 $22,900 6 $20,270 $24,600 7 $22,830 $26,300 8 $25,390 $28,000 The special circumstances for elderly, head of household, and people with disabilities would remain in place. 2) Petition Process Under the current guidelines, a person cannot apply for a deferral of the special assessment, if that person signs the petition asking the governing body to adopt a resolution authorizing construction of the public improvement for which the deferral of payment is being requested. This guideline could be eliminated, since applicants still must meet income eligibility requirements and the guideline is confusing to many property owners. 3) Application for Deferral Currently, a property owner may apply for deferral only at the initial assessment. The guideline does not have provisions for individuals who may have dramatic changes in income, such as a death in the family, or other economic impacts. To accommodate people who may have income changes, the policy could allow a homeowner to apply for hardship deferral for the upcoming year assessment at anytime. Eligibility is still verified every year. 4) Deferral Timeframe In the current guidelines, once the property owner does not meet the hardship deferral guidelines, the assessments are again collected. Under the existing policy, if the hardship deferral is lost in the first five years from the date of the assessment, the entire assessment is due to be paid in equal installments over the following 15 years. If the hardship deferral is lost after five years, but before fifteen years from the date of the assessment, the present policy forgives the assessments for the years prior, and the remaining years (15 minus the years forgiven) are due in equal annual installments. If the deferral lasts for the entire 15 years then the assessment is forgiven after the 15th year. Alternatives To The Current Deferral Policy Include: (A) During the fifteen year special assessment period, an individual may be exempt from paying the special assessments based on income eligibility. However, if the payment of special assessments is waived in any year due to income eligibility, a lien will be filed against the property. Should the property be sold during the fifteen year special assessment period, the special assessments will then be paid to the City in a lump sum. (B) During the fifteen year special assessment period, an individual may be exempt from paying special assessments based on income eligibility. If the payment of special assessments is waived in any year due to income eligibility, a lien will be placed against the property. When the property is sold (in the fifteen year period or anytime thereafter), or changes owners (includes property being gifted to relatives) the special assessments must be paid. 5) City Council has the option to reduce or waive special assessments at any time based on criteria it deems appropriate. In addition to the proposed options, staff is recommending to eliminate the provision in the ordinance referring to special assessments to arterial street improvements. The City no longer applies special assessments to arterial streets. Also, the information distributed to property owners needs to be more specific. Staff will develop an information brochure to be distributed with the notifications to better explain the process to citizens. The adjustment in the eligibility guidelines will result in more people qualifying for the deferral hardship. The current 53 hardship deferrals have totaled approximately $230,000. At this point, there is not an estimate available on how many more owners would qualify on the proposed options. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the Policy be approved. Doug Moshier First Assistant City Attorney, responding to questions, explained that if the property were sold to someone who was eligible, then the eligible person could make application if there were any remaining special assessments on the property. The special assessments that had been forgiven for a period of time would, in the mind of the committee, be collected at the time of sale. (All the past special assessments would be collected at the time of sale.) Doug Moshier said he thought the committee believed that if there were a sale, then anything that had accrued up to that point that was unpaid would be collected. If there were remaining specials another four or five years to be paid, then the person to whom the property was sold would have the same opportunity as anybody else of coming in and showing that they were eligible for a deferral. Council Member Ferris Council Member Ferris said he had no problem supporting that concept. Any past special assessments should be cleaned up at the time of sale. -- withdrawn Motion withdrawn. Motion -- Cole moved that the proposed changes be approved and that Alternative B be -- carried selected. Motion carried 5 to 0. (Gale, Kamen; absent) ADDENDUM ITEM GROUNDWATER RESOLUTION PERTAINING TO 29TH & MEAD AND 13TH & WASHINGTON GROUNDWATER CONTAMINATION SITES CONTAMINATION SITES. Council Member Cole declared a conflict of interest and abstained from participation. Mayor Knight momentarily absent with Council Member Ferris in the Chair. Chris Cherches City Manager reviewed the Item. Agenda Report No. 95-586. In 1991, the City of Wichita entered into a Settlement Agreement with the State (KDHE) by which the City assumed the responsibility for the investigation and cleanup of groundwater contamination in Gilbert & Mosley Site. This undertaking was the result of the discovery of groundwater contamination and the effect that discovery had on ability of the businesses and properties in the area to undertake real estate and financing transactions. The potential of Superfund designation on economic development, downtown revitalization and negative impacts on properties within the area were some of the reasons for the City becoming involved in this project. The Gilbert & Mosely Project was the culmination of a unique partnership of local and State governments, business and property owners, and lenders. The Project involved an agreement with the State, legislative amendments, tax increment financing and the consent of the County and school district, cooperation with the Coleman Company as a responsible party, two citizens committees, and general public support. The result has been the completion of the investigation and the approval of a corrective action decision (CAD) which authorized the City to proceed with actual cleanup. The Project is a model for the voluntary clean- up of a site in a cost-effective method and on a faster schedule than is traditional for contamination sites. The Project was awarded the Innovations in Government Award by the Ford Foundation and has received wide-spread recognition. It has served as a model for public and private partnerships in at least eighteen other communities. While the Gilbert & Mosely Site has been on a relative fast track, another Site has been languishing in the morass of designation as a Superfund site. The 29th & Mead was identified as a contamination site in 1987 and listed on the National Priority List (NPL) as a Superfund Site in 1990. While a group of potentially responsible parties (PRPs), including the City, undertook the responsibility to study the site, that study (called an RI/FS) is still incomplete and the extent and nature of the contamination still not finalized. In the meantime, businesses and properties in the Site have suffered with the inability to transfer property or get loans and a reluctance of new businesses to locate to the area. The Superfund designation has proved to be a hindrance in the treatment of the site like Gilbert & Mosely. City staff has been actively involved with EPA and KDHE to determine if delisting is possible. More recently, in 1993, a site of groundwater contamination was identified between 29th & Mead and Gilbert & Mosely. There is the threat that this 13th & Washington Site could be added to the Superfund if its problems are not addressed. It is suggested that it would be more efficient to finish the investigation and design the cleanup of the two sites in a coordinated manner. City staff has been exploring solutions to address the problems raised by the existence of these two sites. A public informational meeting has been called for July 20, 1995, at 3:00 p.m. to hear from KDHE and EPA officials and to outline the problems and potential solutions. The proposed Resolution expresses that the investigation and clean-up of the Sites are in the public interest. The Resolution recognizes the Gilbert & Mosely model as a potential means of addressing the groundwater contamination problems of 29th & Mead and 13th & Washington. The resolution also recognizes that it is essential to delist (or remove) the 29th & Mead Site from Superfund before such a solution can work. The Resolution authorizes the City Manager to determine if there is community interest and support for the City taking on this project. This can partially be determined through the July 20 public meeting as well as discussion with lenders, property owners, the PRP group, and other governmental officials. If such support exists, the City Manager is authorized to negotiate an agreement with the State for the City to take responsibility for the site. Such an agreement would be contingent upon the EPA delisting the 29th and Mead Street Site from Superfund designation. It would further authorize the City Manager to proceed to determine whether responsible party contribution, tax increment financing, and other means of financing is feasible. If the public meeting and negotiations are successful, a plan and appropriate agreements will be brought to the City Council for review and final action in the near future. A number of agreements and public hearings would be necessary to finalize the project. For a City-project to be successful, the City would need to guarantee the (secondary) financing of the project through tax increment financing or other means. It would be the intent, however, to recover a significant proportion, if not all of the costs from responsible parties. More detailed financial projects would be returned in future agenda items. As part of the City's consideration, support and agreement would have to be reached with many of the property owners relative to the establishment of fair property valuations and avoidance of litigation. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cather moved that the Resolution be adopted. Motion carried 4 to 0. Cole -- carried abstained. (Gale, Kamen; absent) RESOLUTION NO. R-95-307 A Resolution of the City of Wichita concerning the 29th and Mead and 13th and Washington groundwater contamination sites, presented. Cather moved that the Resolution be adopted. Motion carried 4 to 0. Yeas: Cather, Ferris, Rogers, Knight. (Gale, Kamen; absent) (Cole abstained) WATER/SEWER REV. BONDS ISSUANCE OF 1996 WATER & SEWER REVENUE BONDS. Chris Cherches City Manager reviewed the Item. Agenda Report No. 95-577. On December 14, 1993, the City Council approved a revision of the Water and Sewer Capital Improvement Program to incorporate the Comprehensive Biosolids Treatment and Management Plan and the Water Master Plan recommendations. The 1995-2004 CIP is based upon the recommendations from those documents, with modifications mostly related to rescheduling. Funding for these projects has been planned to come from a combination of Revenue Bond proceeds, Utility revenue reserves (cash) and special assessments. On May 17, 1994, Council approved the bonding resolution and issuance of the Notice of Intent for the Water and Sewer CIP project expenditures budgeted for 1994. Some of the larger projects planned for 1994 have been rescheduled to 1995 and 1996 to coordinate with street construction schedules. The various delays in implementation have made it possible for the Utility to fund ongoing project expenditures from cash reserves and postpone the issuance of Revenue Bonds. Staff has tentatively scheduled the next Revenue Bond issue to go to market during or after the Spring of 1996, with the project costs incurred in 1994, 1995 and early 1996 to be funded from Utility cash reserves until Revenue Bond financing is in place. The City is required to adopt a Bond Resolution and provide Notice of Intent to issue Revenue Bonds prior to expenditure of Utility cash reserves for capital improvement projects, if the City intends to replace such cash reserves from future bond proceeds. The project list, Schedule 1, of the Resolution, provides descriptions of the system improvements in progress or planned for the time period 1994 - 1996. The Utility needs to solicit bids for several 1995 CIP projects immediately, with cash expenditures to follow soon thereafter. CIP projects of an ongoing nature will also require that a bond resolution be adopted, so that cash reserves expended for construction in 1995 and 1996 can be replaced as needed from future Revenue Bond proceeds. The ten-year CIP schedule provides for the construction of the recommended improvements in a timely manner. The budget for Water Utility CIP projects for 1995 and 1996 remains unchanged from the CIP presented to Council on December 14, 1993. It includes a new project to locate a ten million gallon storage tank underground near the Hess Pump Station. The new project replaces a more expensive proposal to locate new storage and pumping facilities at a west side location. The savings have been applied to the expansion of the bank storage program and to the implementation of the automated facilities management system. The budget for Sanitary Sewer projects in the revised CIP is almost $9 million less than the 1995 and 1996 project costs previously approved. Plans for the construction of new sewer maintenance facilities have been deleted from the capital improvement program, resulting in savings of $3 million. In its place a $400,000 facilities study has been budgeted for 1996. The balance of the savings over the two years is temporary, the result of timing changes in the construction schedule for the biosolids management facilities, as well as rescheduling of sewer main projects in response to the changing needs in the outlying growth areas of the City. The Resolution and Notice provide for the issuance of $53,230,000 in Revenue Bonds to fund 1994-1996 project expenditures of $25,540,000 in water system improvements and $27,690,000 in sewer system improvements. Staff recommendations regarding the manner of project financing (bonds versus cash) and structure of any bond issuance (sizing, timing, method of sale, etc.) will be made at the time of the bond sale, subject to Council approval. The debt service payments associated with the bonds would be funded entirely from revenues derived from operation of the City's Water & Sewer Utility. Based upon preliminary bond feasibility analysis performed by Black & Veatch, current revenue levels are adequate to carry out the improvements scheduled for 1995 and 1996 without a rate increase, while maintaining reserves and coverage ratios at levels required by the City's bond ordinances. It is essential that the City preserve it's option to fund current project expenses with proceeds from future revenue bond issues, by adopting the Bond Resolution and publishing the Notice of Intent prior to expending cash reserves for capital projects. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Motion -- Knight moved that the Resolution be adopted; staff be authorized to publish the Notice of Intent to issue Water and Sewer Utility revenue bonds; and the CIP budgeted project expenditures for 1995 and 1996 be approved. Motion carried -- carried 5 to 0. (Gale, Kamen; absent) RESOLUTION NO. R-95-306 A Resolution supplementing Resolution No. R-94- 196 of the City of Wichita, Kansas, declaring it necessary to construct, reconstruct, alter, repair, improve, extend, and enlarge the Water and Sewer Utility owned and operated by the City, and to issue revenue bonds in a total principal amount which shall not exceed $53,230,000, for the purpose of paying certain costs thereof, and providing for the giving of notice of such intention in the manner required by law, presented. Knight moved that the Resolution be adopted. Motion carried 5 to 0. Yeas: Cather, Cole, Ferris, Rogers, Knight. (Gale, Kamen; absent) OFF AGENDA ITEM LETTER OF SUPPORT FOR LOW INCOME HOUSING TAX CREDITS FOR THE SOUTH BEECH APARTMENT PROJECT - DAVID BURK. Motion -- carried Cole moved that an Item be taken up off the Agenda. Motion carried 5 to 0. (Gale, Kamen; absent) Council Member Cole Council Member Cole said the only way to stabilize an area is to have people living there. The Old Town area has about 160 new businesses and is adjacent to Multimedia and the Wichita Eagle where there are many employees whose income would fit the low income guidelines. Housing is a critical piece to an area to which the City has made a great commitment. It is hoped a letter of support can be provided for the project. Motion -- Cole moved that the Mayor be authorized to sign a letter of support for the South -- carried Beech Apartment Project income housing tax credits. Motion carried 5 to 0. (Gale, Kamen; absent) Council Member Cole left the Bench. CITY COUNCIL AGENDA BOARD APPOINTMENTS NOTICE OF VACANCIES - CITY BOARDS AND COMMISSIONS. Board of Appeals of Air Conditioning, Refrigeration, Warm Air Heating and Boilers (9 vacancies - Council at large) Board of Appeals of Plumbers and Gas Fitters (4 vacancies - Council at large) Board of Code Standards and Appeals (4 vacancies - Cather, Gale, 2-City Manager) Board of Electrical Appeals (5 vacancies - Council at large) Board of Park Commissioners (2 vacancies - Kamen, Knight) Board of Zoning Appeals (1 vacancy - Cole) Civil Rights and Services Board (2 vacancies - Cole, Knight) Commission on the Status of People with Disabilities (6 vacancies - 1-Cole, Kamen, Rogers, Ferris, Gale, Knight) Community Corrections Advisory Board (1 vacancy - Council at large) Convention and Tourism Committee (1 vacancy - Cole) Group Life Insurance Board of Trustees (1 vacancy - Council at large) Human Services Board (2 vacancies - Council at large) Library Board (1 vacancy - Ferris) Metropolitan Area Planning Commission (1 vacancy - Rogers) Public Art Advisory Board (1 vacancy - Council at large) Sister Cities Advisory Board (1 vacancy - Knight) Traffic Commission (2 vacancies - Ferris, Gale) Wichita Airport Authority (1 vacancy - Cole) Wichita Athletic Commission (2 vacancies - Council at large) Wichita Commission on the Status of Women (3 vacancies - 2-Knight; Kamen) Wichita Employees Retirement Board (1 vacancy - Cole) Wichita Public Building Commission (2 vacancies - Gale, Kamen) Wichita-Sedgwick County Alcohol and Drug Abuse Advisory Board (2 vacancies - Council at large) Appointments will be for terms expiring June 30, 1997. Motion -- Ferris appointed Don Barry (Library Board) and moved that the appointment be -- carried approved. Motion carried 4 to 0. (Cole, Gale, Kamen; absent) Council Member Cole present. Motion -- Knight appointed Mitch Mitchell (Park), Diana Wolfe (CR&S), Ray Denton (Sister Cities), and Dana Self (Women) and moved that the appointments be approved. -- carried Motion carried 5 to 0. (Gale, Kamen; absent) Motion -- Cole appointed Robert Zehring (Electrical), Sharon Mallory (C & T), Linda Ayala (Airport), and Don Wolfe (Employee Retirement) and moved that the appointment be -- carried approved. Motion carried 5 to 0. (Gale, Kamen; absent) CONSENT AGENDA Knight moved that the Consent Agenda, except Items 19 and 26, be approved in accordance with the recommended action shown thereon. Motion carried 5 to 0. (Gale, Kamen; absent) BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED JULY 10, 1995. (The July 17th, 1995, Board of Bids Item was not considered.) At 10:00 a.m., Friday, July 7, 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 7/17/95) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Water Supply Line to serve Prairie Woods Addition (north of Pawnee, east of Maize). (448- 88907/732628/470340) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 03-21-95) (District V) Wildcat Construction Company - $138,756.00 Tee Time from the south line of Lot 5, Block 3, Reflection Ridge Seventh Addition and the south line of Lot 39, Block 1, Reflection Ridge Eighth Addition to the south line of 29th Street North; Meadow Park Circle from the west line of Tee Time to and including the cul-de-sac; Meadow Park Court serving Lots 7 through 13, Block 1, Reflection Ridge Eighth Addition; Meadow Park Court serving Lots 14 through 22, Block 1, Reflection Ridge Eighth Addition; Tee Time Court serving Lots 1 through 4, Block 1, Reflection Ridge Eighth Addition; Tee Time Court serving Lots 35 through 39, Block 1, Reflection Ridge Eighth Addition; and Sidewalk on both sides of Tee Time, in Reflection Ridge Eighth Addition (south of 29th, west of Ridge). (472-82562/763045/490407) Does not affect existing traffic. (Council approval date 03-21-95) (District V) Ritchie Paving - $225,107.15 (Alternate #2) Haskell from the east line of Maize Road to the west line of Prairie Woods with sidewalk on the south side of Haskell; Prairie Woods from the north line of Haskell to the north line of Lot 37, Block 1 with sidewalk on the north side of Prairie Woods; Prairie Woods Court from the south line of Prairie Woods to and including the cul-de-sac; and 6' wide sidewalk in Reserve B from the east line of Prairie Woods to the east line of Prairie Woods Addition (north of Pawnee, east of Maize). (472-82563/762971/490400) Does not affect existing traffic. (Council approval date 03-21-95) (District V) Ritchie Paving - $109,864.25 (Alternate #2) Meadow Oaks and Pepperwood from the south line of 28th Street North to the west line of Edgemoor Circle; Edgemoor Circle from the north line of Pepperwood to and including the cul-de-sac; Pepperwood Circle from the east line of Edgemoor Circle to the east line of Lot 47, Block 2, Meadow Oaks Addition; Meadow Oaks from the south line of Pepperwood to and including Meadow Oaks Circle; and both Meadow Oaks Courts adjacent to Lots 51 through 54 and Lots 56 through 68 in said Block 2, Meadow Oaks Addition (south of 29th Street North, east of Oliver). (472-82354/762997/490402) Does not affect existing traffic. (Council approval date 04-25-95) (District I) Ritchie Paving - $265,997.20 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 5 to 0. (Gale, Kamen; absent) WATER & SEWER DEPARTMENT/SEWAGE TREATMENT DIVISION: TILLAS PER SPECIFICATIONS Foley Tractor Co. - $15,564.00 PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS DIVISION: GASOLINE, PROPANE, AND DIESEL FUEL DISPENSERS AS PER SPECIFICATIONS P.B. Hoidale Co. - $97,412.23 <$570.00> - Option 2 WATER & SEWER DEPARTMENT/WATER DISTRIBUTION DIVISION: TAPPING VALVES AND COUPLINGS AS PER SPECIFICATIONS Group I - Wichita Winwater Works - $12,485.00# (Total Net Bid) Group II - Ferguson Enterprises, Inc. - $ 276.20# (Total Net Bid) #plus applicable sales tax WATER & SEWER DEPARTMENT/WATER DISTRIBUTION DIVISION: METER BOX RINGS WITH LIDS AS PER SPECIFICATIONS Clay & Bailey Mfg. Co. - $34,920.00# (Total Net Bid) #plus applicable sales tax Knight moved that the contract be awarded as outlined above, same being the lowest and best bid. Motion carried 5 to 0. (Gale, Kamen; absent) LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1995 (Consumption on Premises) Santos C. Barrera Snug Harbour 845 S. Christine Teodora Lopez Angela's Cafe #2*1801 S. Broadway Kevin F. Raven Taco Tico Restaurant* 2051 S. Seneca (Consumption off Premises) Larry Rhodes Rhodes Amoco 895 S. Woodlawn *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 5 to 0. (Gale, Kamen; absent) PLANS AND SPECS. PLANS AND SPECIFICATIONS. a. Alexander from the north line of 46th Street North to the south line of 49th Street North Beulahland Third and Fourth Additions (west of Seneca, south of 53rd Street North). (472-82546/762930/490396) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 01-24-95) (District VI) b. Carr Avenue from the east line of 119th Street West to the northwest corner of Lot 22, Block A, Lark Addition; Carr Courts from the south line of Carr Avenue to and including the cul-de-sac to serve Lots 1 through 12, Block B and from the south line of Carr Avenue to and including the cul-de- sac to serve Lots 13 through 24, Block B; and Carr Circle from the north line of Carr Avenue to and including the cul-de-sac to serve Lots 10 through 22, Block A, Lark Addition (south of Kellogg, east of 119th Street West). (472-82548/763219/490424) Does not affect existing traffic. (Council approval date 02-07- 95) (District V) c. Water Distribution System to serve White Tail Addition (south of 13th, west of 127th Street East). (448- 88770/732644/470342) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 11-30-93) (District n/a) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., July 28, 1995. Motion carried 5 to 0. (Gale, Kamen; absent) PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. Water Distribution System to serve Reflection Ridge Seventh Addition (south of 29th Street North, west of Ridge) - $99,828.68. (448-88899/732719/470349) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 03-21-95) (District V) b. Water Supply Line to serve Prairie Woods Addition (north of Pawnee, east of Maize) - $212,500.00. (448- 88907/732628/470340) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 03-21-95) (District V) c. Tee Time from the south line of Lot 5, Block 3, Reflection Ridge Seventh Addition and the south line of Lot 39, Block 1, Reflection Ridge Eighth Addition to the south line of 29th Street North; Meadow Park Circle from the west line of Tee Time to and including the cul-de-sac; Meadow Park Court serving Lots 7 through 13, Block 1, Reflection Ridge Eighth Addition; Meadow Park Court serving Lots 14 through 22, Block 1, Reflection Ridge Eighth Addition; Tee Time Court serving Lots 1 through 4, Block 1, Reflection Ridge Eighth Addition; Tee Time Court serving Lots 35 through 39, Block 1, Reflection Ridge Eighth Addition; and Sidewalk on both sides of Tee Time, in Reflection Ridge Eighth Addition (south of 29th, west of Ridge) - $313,641.00. (472-82562/763045/490407) Does not affect existing traffic. (Council approval date 03-21-95) (District V) d. Haskell from the east line of Maize Road to the west line of Prairie Woods with sidewalk on the south side of Haskell; Prairie Woods from the north line of Haskell to the north line of Lot 37, Block 1 with sidewalk on the north side of Prairie Woods; Prairie Woods Court from the south line of Prairie Woods to and including the cul-de-sac; and 6' wide sidewalk in Reserve B from the east line of Prairie Woods to the east line of Prairie Woods Addition (north of Pawnee, east of Maize) - $278,000.00. (472-82563/762971/490400) Does not affect existing traffic. (Council approval date 03-21-95) (District V) e. Meadow Oaks and Pepperwood from the south line of 28th Street North to the west line of Edgemoor Circle; Edgemoor Circle from the north line of Pepperwood to and including the cul-de-sac; Pepperwood Circle from the east line of Edgemoor Circle to the east line of Lot 47, Block 2, Meadow Oaks Addition; Meadow Oaks from the south line of Pepperwood to and including Meadow Oaks Circle; and both Meadow Oaks Courts adjacent to Lots 51 through 54 and Lots 56 through 68 in said Block 2, Meadow Oaks Addition (south of 29th Street North, east of Oliver) - $425,000.00. (472-82354/762997/490402) Does not affect existing traffic. (Council approval date 04-25-95) (District I) Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 5 to 0. (Gale, Kamen; absent) STATEMENTS OF COST STATEMENTS OF COST (CHESNEY). a. Seville Avenue from the north line of U.S. 54 Highway to the south line of Maple. Financing to be issued at this time - $246,691.00. (472-82457/762443/490347) b. Cranbrook from the north line of Lot 1, Block 6, Huntcrest Second Addition to the north line of Lot 1, Block 5, Huntcrest Second Addition. Financing to be issued at this time - $157,736.00. (472-82505/762682/490371) c. Tracy Street from SL of 3rd Street to SL of St. Louis Avenue. Financing to be issued at this time - $90,664.00. (472-82294/761700/490273) d. Second Street from EL of Young Street to EL of Sabin Street. Financing to be issued at this time - $49,743.00. (472-82472/762575/490360) e. Osie from the EL of Cranbrook to and including the cul-de-sac in Huntcrest Second and Grundman Additions. Financing to be issued at this time - $68,568.00. (472-81658/762955/490398) f. Curtis from Robinson to the north line of Lot 1, Steve Kelley Fourth Addition. Financing to be issued at this time - $62,801.00. (472-82487/762708/490373) g. Inwood Court serving Lots 1-27 inclusive, Block 1, Leewood Village at Northrock Second from the north line of Inwood to & including cul-de-sac, in Leewood Village at Northrock Second Addition. Financing to be issued at this time - $93,533.00. (472-82497/762690/490372) h. Lateral 337, Southwest Interceptor Sewer to serve Lots 8 and 9, Block C, Prospect Park Addition. Financing to be issued at this time - $19,948.00. (468- 82398/742007/480292) i. Lateral 84, Main 1, Southwest Interceptor Sewer to serve Overholt Addition. Financing to be issued at this time - $22,096.00. (468-82455/742221/480314) j. Lateral 115, Westlink Sewer to serve Sterling Farms Fourth Addition. Financing to be issued at this time - $20,397.00. (468-82415/742122/480304) k. 52nd Street South from the east line of Seneca to the west line of Osage Hankin's Second Addition. Financing to be issued at this time - $185,790.00. (472- 82310/761734/490276) Motion -- Knight moved that the Statements of Cost be received and filed and the City Clerk be instructed to prepare the proposed assessment rolls. Motion carried -- carried 5 to 0. (Gale, Kamen; absent) BOARDS MINUTES MINUTES OF ADVISORY BOARDS. CPO Northwest Council 5, 6/28/95 CPO North Central Council 6, 6/28/95 CPO Coordinating Board, 7/5/95 Police & Fire Retirement System of Wichita, 6/28/95 Historic Preservation Board, 5/8/95, 5/11/95 Commission on the Status of People with Disabilities, 6/28/95 Wichita-Sedgwick County Alcohol and Drug Abuse Advisory Board, 6/8/95 Civil Rights & Services (CRS) Board, 6/19/95 Wichita Airport Authority, 6/19/95 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 5 to 0. (Gale, Kamen; absent) (Item No. 19) STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. Agenda Report No. 95-585. KAKE-TV is planning an hour-long prime time town hall meeting on the future of Wichita for Tuesday, July 25. They are calling the program "Wichita: Where do we Grow from Here?" They are requesting approval to block off the Lewis Street Bridge over the Big Arkansas River from 3:00 to 9:00 p.m. on Thursday, July 25. They believe the bridge offers the best view of the downtown skyline of the Arkansas River. They need the entire six hour time block for their engineers to setup the lighting, audio and cameras. This program will air between 7:00 and 8:00 p.m. Currently, the Maple/Lewis Street Bridge carries 8,867 vehicles per day with 3,400 cars traveling over it during the 3:00 to 9:00 p.m. time period. Mayor Knight Mayor Knight said all that is possible should be done to publicize this temporary closing. Motion -- Knight moved that a 6-hour closure with KAKE-TV hiring a private barricading company to properly close the bridge and sign a detour route be approved. Motion -- carried carried 5 to 0. (Gale, Kamen; absent) BJA - COPS AHEAD GRANT BUREAU OF JUSTICE COPS AHEAD GRANT. Agenda Report No. 95-578. On February 28, 1995, the City Council approved a grant application for federal funds through the Community Oriented Policing - Accelerated Hiring, Education, and Development (COPS AHEAD) grant program. The grant application has been approved by the federal government, and the City is eligible to receive $975,000 in federal funds over three years to hire 13 commissioned officers for community policing. The grant application states that the 13 officers will be deployed as 10 officers for field duties in community policing target neighborhoods, two detectives for investigating crimes and filing charges against suspects, and one sergeant to coordinate community policing training. At the time the grant application was written, the 13 officers were intended to supplement the officers assigned to the Community Policing Units (CPU), Special Community Action Teams (SCAT), and Tactical Patrol Units (TPU) assigned to the target neighborhoods. Since the time of the application, however, the City lost its grant funding from the State for 12 officers assigned to SCAT. Therefore, the Police Department will now use the 13 officers funded by COPS AHEAD as 10 officers and two detectives assigned to SCAT and one sergeant assigned to the Community Policing Units to be responsible for coordinating community policing training. The COPS AHEAD grant provides funding for only 75% of salaries and benefits (excluding overtime) up to a maximum of $75,000 per officer over a three-year period. In order for the COPS AHEAD program to be implemented, the City must provide the 25% grant match, the salaries and benefits over $75,000 per officer, and all equipment and supplies. If the COPS AHEAD grant is accepted, the local costs will be $182,840 in 1995, $234,370 in 1996, $316,270 in 1997, and $575,290 in 1998. The funds needed for the local costs are included in the 1996/97 Proposed Budget. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 5 to 0. (Gale, Kamen; absent) CHAPTER 21 AMENDMENT AMENDMENT AND ADDITION TO SECTIONS OF CHAPTER 21. Agenda Report No. 95-579. In order to decrease the potential of grease build up in the sanitary sewer system that may lead to sewer line stoppages, the City Council adopted an ordinance requiring all new food establishments, including establishments undergoing substantial remodeling, to install grease interceptors. This agenda item addresses the necessary changes in the Uniform Plumbing Code so that it will be consistent with the grease interceptor ordinance adopted by Council on September 20, 1994. Revising the existing Uniform Plumbing Code (UPC) will allow the City to incorporate the regulations adopted in the Grease Interceptor Ordinance, Chapter 16.24 of the City Code. Specifically, the proposed revisions to the UPC pertain to interceptor installation. Adoption of these revisions will result in consistency in sizing and maintenance of grease interceptors between the two codes, (Chapter 21.04 and 16.24). These give jurisdiction for grease interceptor sizing determinations to the the Water & Sewer Department, or a designee, and jurisdiction to grease interceptor plumbing installation and inspection of such, to the Office of Central Inspection. Motion -- Knight moved that the Ordinance be placed on first reading. Motion carried -- carried 5 to 0. (Gale, Kamen; absent) ORDINANCE An Ordinance amending Section 21.04.010 and creating Sections 21.04.295, 21.04.296, 21.04.298, 21.04.299, 21.04.300, 21.04.305, 21.04.310, and 21.04.315 of the Code of the City of Wichita, Kansas, and repealing the original of Section 21.04.010 of the Code of the City of Wichita, Kansas; all pertaining to the Uniform Plumbing Code, introduced and under the rules laid over. GO NOTE/BOND SALE GENERAL OBLIGATION TEMPORARY NOTE SALE (SERIES 186) AND GENERAL OBLIGATION BOND SALE (SERIES 739 AND 740). Agenda Report No. 95-580. The City is planning to offer for sale one series of general obligation temporary notes totaling $49,600,000 and two series of general obligation bonds totaling $31,870,000, for the purpose of providing temporary and permanent financing for capital improvement projects of the City. The public sale is scheduled for 10:30 a.m. and August 1, 1995, at which time sealed bids will be opened and the City Council will award the sale of each series of bonds and notes to the bidders whose proposed interest rates result in the lowest overall cost to the City. The general obligation bond and note sale includes the following issues: Temporary Notes Freeways $24,900,000 Storm Water Drainage 11,754,000 Public Improvements 302,000 Neighborhood Improvements - Water 1,710,000 Neighborhood Improvements - Sewers 2,096,000 Neighborhood Improvements - Paving 8,512,000 Neighborhood Improvements - Storm 326,000 Total Series 186 Notes $49,600,000 Special Assessment Bonds The proceeds from the sale of the Series 739 Bonds will be used to permanently finance various neighborhood improvements located in special improvement districts. Special assessments have been levied against the property owners in the improvement districts for the purpose of paying all or a portion of the cost of such improvements, including the payment of principal and interest on the Series 739 Bonds. The Series 739 bonds will be issued in the par amount of $10,985,000. City At-Large Bonds The proceeds from the sale of Series 740 Bonds will be used to permanently finance certain city at-large projects, including arterial streets, traffic engineering, bridges, public improvements and buildings, park, drainage, and golf course improvements, and neighborhood paving projects. The Series 740 Bonds will be issued in the total par amount of $20,885,000. The Series 739 bonds will mature serially over 15 years with staggered principal maturities structured to produce level annual payments of principal and interest. The Series 739 bonds are payable from the collection of special assessments levied against benefited properties, and if not so paid, from city-wide ad valorem taxes. The Series 739 bonds will be callable in 2002 with a 1 percent call premium. The Series 740 bonds will mature serially over 10 years in equal annual principal amounts and will be paid as to principal and interest primarily from city-wide ad valorem tax revenues. The Series 740 bonds will be callable in 2000 with a 1 percent call premium. The Series 186 Temporary Notes will mature on February 29, 1996, and will be retired at that time, with the proceeds from the sale of either permanent financing bonds or renewal notes. Motion -- Knight moved that the Resolution authorizing general obligation bond and note sales be adopted and the City Clerk be authorized to publish the notice. Motion -- carried carried 5 to 0. (Gale, Kamen; absent) RESOLUTION NO. R-95-308 A Resolution of the City of Wichita, Kansas, authorizing and providing for the public sale of General Obligation Bonds and General Obligation Renewal and Improvement Temporary Notes of the City; and providing for the giving of notice of the public sale, presented. Knight moved that the Resolution be adopted. Motion carried 5 to 0. Yeas: Cather, Cole, Ferris, Rogers, Knight. (Gale, Kamen; absent) PROPERTY ACQUISITION RIGHT-OF-WAY ACQUISITION: SENECA STREET IMPROVEMENT FROM 31ST STREET SOUTH TO KELLOGG. (District IV) Agenda Report No. 95-581. The 1995 Capital Improvement Program includes funding to acquire right-of-way for the Seneca Street improvement, 31st Street South to Kellogg (MS-480, page 61). The project design engineers are identifying properties to be acquired. Specific tracts will be brought back for Council approval on an individual basis. The project is scheduled to be let in 1996. The project budget is $50,000. The funding source is General Obligation Bonds. Motion -- Knight moved that the Project be approved and the Ordinance be placed on first -- carried reading. Motion carried 5 to 0. (Gale, Kamen; absent) ORDINANCE An Ordinance declaring Seneca Street, from 31st Street South to Kellogg (472-82602) 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. PROPERTY ACQUISITION ACQUISITION OF 2217 E. 3RD STREET (TRACT #13) FOR THIRD STREET DRAINAGE PROJECT. (District I) Agenda Report No. 95-582. The Third Street Drainage Project, approved by Council on April 6, 1993, will require the full or partial acquisition of 37 residential properties. The City's Public Works Department has identified the need to acquire 2217 E. 3rd Street for drainage right-of-way over property located on 3rd Street from I-135 to Hillside. This property is owned by James F. Orman and Margaret M. Orman of Richardson, Texas and is described as: The west 50 ft. of Lot 2, on Madison Avenue, Hartford Subdivision of the north 293.4 ft. of Block 4, Butler and Fisher's Addition to Wichita, Sedgwick County, Kansas. The only structure on the property is a single family, two-bedroom residence. The property is a rental house and is currently vacant. The proposed taking will require the removal of this structure. The Council has authorized the purchase of all 37 parcels leaving this the last tract to be acquired. On November 15, 1994 the City Council approved the acquisition by eminent domain of this property. If Council approves this acquisition condemnation proceedings will be terminated. An appraisal has been prepared and reviewed which values the property at $10,000. The property owner had rejected the City's last offer of $13,000 and the City had rejected their final offer of $16,000 which was made prior to the approval of Council to acquire this property by eminent Domain. The Orman's have countered and made the City an offer of $15,000 and staff recommends acceptance of the offer. Funds for the acquisition have been budgeted in the 1994 Capital Improvement Program (D-98) in the amount of $1,055,000. Approved purchases and condemnation awards have totaled $726,134. An additional $242,670 has been authorized for site clearance, closing and other costs, leaving a balance of $86,146. A budget of $21,000 in funds include: $15,000 for acquisition, $4,000 for demolition of the house, and $2,000 for closing costs, title insurance, survey, operating and maintenance expenses that are not offset by rental revenue. The cost of such acquisition are to be paid by the City at large. Motion -- Knight moved that the budget be approved; the Real Estate Purchase Contract be approved; and the Mayor be authorized to sign the necessary documents. Motion -- carried carried 5 to 0. (Gale, Kamen; absent) WATER STORAGE TANK ANDOVER ELEVATED WATER STORAGE TANK. Agenda Report No. 95-583. The Andover Elevated Water Storage Tank is owned and maintained by the Wichita Water & Sewer Department. The 75,000 gallon Andover tank is an elevated tank located at the intersection of Andover Road and Mike Street in the City of Andover. According to the Water Master Plan, the Andover tank serves no useful purpose in the distribution system, and is currently off-line. Staff, therefore, recommends that the Andover Elevated Water Storage Tank be surplused or salvaged. Although no estimate has been obtained for surplusing the storage tank, the Water Master Plan estimated that it would cost approximately $ 75,000 for its demolition. It is anticipated that the storage tank can be surplused for a net revenue gain. Therefore, this action will not necessitate funding from Water Utility revenues and reserves or a future revenue bond issue. Motion -- Knight moved that salvaging of the Andover Elevated Water Storage Tank be -- carried approved. Motion carried 5 to 0. (Gale, Kamen; absent) (Item No. 26) CHISHOLM CREEK APPROVAL OF CONSTRUCTION FOR CHISHOLM CREEK PARKING LOT. Chris Cherches City Manager reviewed the Item. Agenda Report No. 95-584. The Great Plains Nature Center is currently under construction at Chisholm Creek Park under a tri-party agreement between the U.S. Department of Interior, Fish and Wildlife Service, Kansas Department of Wildlife and Parks, and the City of Wichita. Under the tri-party agreement, the U.S. Fish and Wildlife Service will fund construction of the facility and the City of Wichita will provide a paved parking lot. General obligation bonds already secured by the City totaling $155,000 will fund the cost of constructing a parking lot at the site. The U.S. Department of Interior has awarded building construction to Debcon, Inc., and has requested that this contractor be selected by the City for construction of the parking lot in order to complete the project in the most timely manner at the least cost to all entities involved. The estimated cost to construct the parking lot is $187,000. Of this total cost, $32,000 will be provided through federal government funds and the remaining $155,000 through the City's Capital Improvement Program. Motion -- Rogers moved that the construction vendor for the Chisholm Creek Parking Lot be -- carried approved. Motion carried 5 to 0. (Gale, Kamen; absent) ORDINANCES SECOND READING ORDINANCES. (First Reading 7/11/95) Presbyterian Manors ORDINANCE NO. 42-808 An Ordinance authorizing the City of Wichita, Kansas, to issue its Health Care Facilities Refunding Revenue Bonds, Series No. V-A, 1995 (Presbyterian Manors, Inc.) in the aggregate principal amount of not to exceed $5,300,000 and its Health Care Facilities Refunding Revenue Bonds, Series V-B, 1995 (Presbyterian Manors, Inc.), extendible rate adjustable securities (Extras) in the aggregate principal amount of not to exceed $2,200,000, for the purposes of refunding certain outstanding City of Topeka, Kansas, Bonds; prescribing the form and authorizing execution of a sixth supplemental bond indenture by and between the City and Bank IV Kansas, National Association, in the City of Wichita, Kansas, as bond trustee; prescribing the form and authorizing the execution of a fifth supplemental lease agreement by and between Presbyterian Manors, Inc., and the City; prescribing the form and authorizing the execution of a 1995 escrow trust agreement by and between the City, Presbyterian Manors, Inc., the City of Topeka, Kansas, and Bank IV Kansas, National Association, as escrow trustee; approving the form of the guaranty agreement to be executed in connection with the issuance of said Health Care Facilities Refunding Revenue Bonds; approving the form of the remarketing agreement to be executed in connection with the issuance of the Series V-B extendible bonds; and authorizing the execution of a bond purchase agreement by and between the City, Presbyterian Manors, Inc., and Ziegler Securities, a Division of B.C. Ziegler Company, Milwaukee, Wisconsin, and Ranson Capital Corporation, Wichita, Kansas, as underwriters of the Bonds, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Gale, Kamen; absent) Yeas: Cather, Cole, Ferris, Rogers, Knight. Vyne Corporation ORDINANCE NO. 42-809 An Ordinance of the City of Wichita, Kansas, authorizing the issuance of $1,800,000 aggregate principal amount of taxable assisted living facilities revenue bonds, Series IV, 1995 (The Vyne Corporation) for the purpose of providing funds to acquire certain land and to purchase, construct and equip an assisted living facility; prescribing the form and authorizing execution of a Trust Indenture by and between the City and Bank IV Kansas, National Association, Wichita, Kansas, as Trustee, with respect to the Series IV, 1995 Bonds; prescribing the form and authorizing the execution of a lease agreement by and between the City and The Vyne Corporation; approving the form of a Guaranty Agreement; authorizing the execution of a Bond Purchase Agreement by and between the City, The Vyne Corporation and OFG Financial Services, Inc. and Ranson Capital Corporation, as purchasers of the Series IV, 1995 Bonds, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Gale, Kamen; absent) Yeas: Cather, Cole, Ferris, Rogers, Knight. Deprivation of Property ORDINANCE NO. 42-810 An Ordinance creating new Section 5.42.015 of the Code of the City of Wichita, pertaining to prima facie evidence of intent to permanently deprive another of property and amending Section 5.42.080 of the City Code and repealing the original of said Section, pertaining to criminal deprivation of property, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Gale, Kamen; absent) Yeas: Cather, Cole, Ferris, Rogers, Knight. Worthless Check ORDINANCE NO. 42-811 An Ordinance amending Section 5.42.020 of the Code of the City of Wichita, Kansas; pertaining to the crime of giving a worthless check; creating new Section 5.42.025 of the Code, pertaining to causing an unlawful prosecution for worthless check; and repealing the original of Section 5.42.020, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Gale, Kamen; absent) Yeas: Cather, Cole, Ferris, Rogers, Knight. Lot Clean Up ORDINANCE NO. 42-812 An Ordinance making a special assessment to pay for the cost of abating certain public health nuisances (lot clean up) under the provision of Section 7.40.050 of the code of the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Gale, Kamen; absent) Yeas: Cather, Cole, Ferris, Rogers, Knight. Gypsum Creek ORDINANCE NO. 42-813 An Ordinance declaring it necessary to authorize improvements to Gypsum Creek between the Wichita Drainage Canal and Hillside (468-82473), in the City of Wichita, Kansas; ordering and providing for the improvements thereof; 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 5 to 0. (Gale, Kamen; absent) Yeas: Cather, Cole, Ferris, Rogers, Knight. Dry Creek ORDINANCE NO. 42-814 An Ordinance declaring it necessary to authorize improvements to Dry Creek Drainage Basin (Project No. 468- 82470), in the City of Wichita, Kansas; ordering and providing for the improvements thereof; 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 5 to 0. (Gale, Kamen; absent) Yeas: Cather, Cole, Ferris, Rogers, Knight. S Meridian Drainage ORDINANCE NO. 42-815 An Ordinance declaring it necessary to authorize improvements to South Meridian Drainage Improvements (Project No. 468-82471), in the City of Wichita, Kansas; ordering and providing for the improvements thereof; 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 5 to 0. (Gale, Kamen; absent) Yeas: Cather, Cole, Ferris, Rogers, Knight. EXECUTIVE SESSION Motion -- Knight moved that the Council recess to lunch and to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to pending litigation and legal advice; preliminary discussions relating to the acquisition of real property for public purposes; and matters relating to employer-employee negotiations; and the regular meeting be resumed no later than 1:00 p.m. in the City Council Chambers. Motion -- carried carried 5 to 0. (Gale, Kamen; absent) RECESS Council recessed at 12:00 p.m. and reconvened in regular session at 1:00 p.m. Mayor Knight Mayor Knight announced that no action was necessary as a result of the executive session. Adjournment The Council Meeting adjourned at 1:00 p.m. Pat Burnett Deputy City Clerk COUNCIL PROCEEDINGS JOURNAL 159 JULY 18, 1995 Page