MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, July 29, 1997 Tuesday, 9:00 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Lambke, Cole, Gale, Rogers; present. *Council Members Ferris, Kamen; absent. Chris Cherches, City Manager; Joe Lang, First Assistant City Attorney; Pat Burnett, City Clerk; present. The invocation was given by Rev. Dee Dee Evans, Chaplain, Hospice. 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 July 22, 1997, were -- approved approved 5 to 0. (Ferris, Kamen; absent) AWARDS AND PRESENTATIONS *Council Member Ferris present. SERVICE CITATIONS Mayor Knight presented Distinguished Service Citations to those present. PROCLAMATIONS Mayor Knight presented the Proclamations previously approved. *Council Member Kamen present. MCCONNELL AFB 22nd Air Refueling Wing Commander Colonel Larry Stevenston, 184th Bomb Wing Commander Colonel Gregory B. Gardner, and 931st Air Refueling Group Lieutenant Colonel Tom Teal each gave a synopsis of their respective Unit's Mission. Mayor Knight presented each a Certificates of Appreciation and City of Wichita Medallion. PUBLIC AGENDA Comments by Bill Cather. Bill Cather Bill Cather, former City Council Member and representative of the Sierra Club, explained that the problem with the recommendation to use groundwater from under the Brooks Landfill is that there is no confidence in the old EPA standards for drinking water. There have been discoveries in the area of endocrinology which show that a much smaller amount of some of the pollutants can cause birth defects in fetuses. New scientific facts should be used. Literature is available from many sources for those who are interested. UNFINISHED BUSINESS GROUNDWATER REUSE BENEFICIAL GROUNDWATER REUSE: RECEIVE CITIZEN'S TASK FORCE REPORT AND SELECT INTERIM OPTION. Agenda Report No. 97-451 A. A 24-member citizen's task force was established to review the proposed re-use of groundwater from the Brooks Landfill area. The citizen's panel evaluated available information pertaining the proposed re-use strategy and submitted its recommendations, together with a minority report, to the City Council. While a majority of the review panel recommended conditional acceptance of the treatment and re-use of the water, there are still concerns and the perception that the use of this water cannot be sufficiently treated to safe drinking water standards. Technical experts feel that re-use of this water can be made safe through continuing testing, treatment and oversight. Nevertheless, because of the fear and concerns expressed by some citizens, no further consideration of this option should be given at this time to avoid jeopardizing the public confidence in the City's drinking water supply. The perception by some that the re-use of this water may contaminate or reduce the City's high quality drinking water standards cannot be understated, even though the scientific evidence does not support these conclusions. Therefore, rather than continue with this beneficial re-use option of the water, other viable uses of this water should be considered at this time. To meet the conditions of the Brooks Landfill Operating Permit and the Assessment of Corrective Measures, the City will implement a planned groundwater cleanup strategy. The initial phase will contain and treat the southern (down gradient) portion of the contaminant plume by utilizing an extraction well and air stripping systems. The well and treatment system will be located in the vicinity of K-96 and I-235 highways. The groundwater extraction and treatment system will generate approximately 0.5 million gallons per day for re-use. Available options under consideration, in addition to the piping of the treated water into the raw water pipeline (as a supplemental water source), include: 1. Recharge of the aquifer in the vicinity of the extraction wells by the utilization of four injection wells. The treated water could be used for plume control in addition to aquifer recharge. The estimated cost for this option is $1.4 million, exclusive of engineering and land costs. 2. Piping the treated water to a land tract, south of Brooks Landfill or other sites, as a supplemental water supply for the creation of a new wetlands area and wildlife habitat area. The estimated cost for this option is $1.5 million, exclusive of land and engineering costs. 3. Disposal of the treated water into the Arkansas River. The extracted ground water would be treated to disposal standards and discharged to the Big Arkansas River though a discharge structure. The estimated cost of this option is $1.0 million, exclusive of land and engineering costs. Other future options might include re-use of this water for recreational purposes or for industrial uses. Other uses, yet undetermined, may likewise be identified in the future. Because of the deadlines established for corrective actions and the State permitting requirements, these options will be studied for potential future use. The water generated from the extraction and treatment system will represent a valuable resource for some use. Therefore, to meet State Permit Requirements, an interim action will be required. It is proposed that the Citizen's Task Force be asked to review the other available options, including the creation of wetlands and wildlife habitat and possible industrial or recreational use. Discharging this treated water into the River will occur temporarily until the wetlands (or other available options) can be identified and constructed, or until other uses can be identified, researched and evaluated. The preferred options will require approval and compliance with the Special Conditions Permit issued by the State. It is anticipated that any of the options (above) will meet compliance standards and be approved, subject to review of plans. The costs to pump, treat, pipe and discharge this water have been estimated based on preliminary engineering evaluations. Final costs will be driven by State requirements and permitting actions. The estimated costs do not include final engineering and/or land costs. Final construction costs will be dependent upon any added costs required by the State and all subject to public bid. The costs associated with the proposed options will be funded from the Landfill Fund. Mayor Knight Mayor Knight said the City Council tries to listen to citizens and, today, the Council is acting. The City Council does not believe that there is community support to continue consideration of utilizing the water that has been identified under Brooks Landfill for drinking purposes. The general consensus of the City Council is not to hold a lengthy hearing on the matter unless there are those who want to oppose the proposed Council action. The Council will be voting on discontinuing any further consideration of using the groundwater beneath Brooks Landfill for drinking water purposes. The Council will discontinue consideration of utilization of the water beneath the Brooks Landfill for drinking water purposes; refer the question of alternative uses to the Citizen's Task Force; and publicize ways in which the community at-large will be able to participate. Motion -- Knight moved that the Council rules of procedure be suspended and that there be no public hearing on this matter again, unless there are citizens in attendance who oppose the proposed action being taken by the Council today and want to be heard. Mayor inquired and no one spoke against the proposed action. -- carried Motion carried 7 to 0. NEW BUSINESS IRB - ASSOCIATED EXTENSION OF INDUSTRIAL REVENUE BOND TAX EXEMPTION - ASSOCIATED COMPANY, INC. (District VI) Allen Bell Financial Projects Director reviewed the Item. Agenda Report No. 97-652. On July 17,1990, the City Council approved issuance of $3 million in Industrial Revenue Bonds, Series V, 1990 (Associated Company, Inc.). The proceeds from the same of the bonds were used to purchase and remodel Cherry Orchard Warehouse and purchase new equipment. A 100 percent tax abatement was granted on bond-financed property for a 5-year period subject to review at the end of five years to extend for an additional five years. Associated agreed to an in-lieu-of-tax payment of $16,937.33, representing the existing taxes on the Cherry Orchard Warehouse at the time of purchase. The current tax exemption period expired December 31,1995. Associated has submitted a request that the tax exemption be extended for a second five-year period. Associated's employment dropped to a July, 1996, level of 109 employees. Associated attributes the decline to the end of the cold ware with its drop-in demand for defense related products and of Boeing moving the production of items by Associated to the Seattle area. Associated reports that their current level of employment is about 130 employees with an annual payroll of $3.27 million and anticipates an increase to 144 employees and a payroll of of over $3.6 million by the end of 1997. This is about 40 employees below the level of employment at Associated at the time the IRBs were issued. The Human Services Department reports that Associated had 109 employees as of July, 1996, of which 25 were minority employees consisting of 20 minority males and 5 minority females. Associated has a sales agreement with Cessna which will enable Associated to bring to Wichita some of the new small plane component production from Cessna's Independence facility. Recommendation for approval is based on Associated's completion of the renovation of the facility; the acquisition of work for Cessna Aircraft that might otherwise been performed outside of Wichita; and the beginning recovery of employment that was lost due to events beyond Associated's control. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the IRB Tax Abatement be extended for a second five-year period -- carried to December 31, 2000. Motion carried 7 to 0. NATURAL GAS PURCHASE NATURAL GAS PURCHASE FOR CENTURY II ENERGY PLANT. Steve Lackey Director of Public Works reviewed the Item. Agenda Report No. 97-653. Historically, all gas customers purchased their gas supply from a local gas company. This company purchased gas supply from producers and contracted for its transportation to the edge of the city. With the advent of deregulation of the natural gas industry, larger customers can buy their own gas supply and simply pay the local gas company a unit fee for transportation from the edge of the city to the meter location. City staff worked with Energy and Purchasing staff of Unified School District (USD) #259 to include an option in their proposal to purchase natural gas for the City's Energy Plant that provides heating energy for Century II, Expo Hall, and the Main Library. USD #259 received four proposals on June 13, 1997, and made their recommendations to the School Board on June 23, 1997. On July 1, 1997, the School Board approved the recommendation and awarded a contract to West Star Gas Marketing. Since this is the first time the City is considering this alternative, this facility (Century II Energy Plant) was proposed by Energy staff to be converted. Through this cooperative purchasing arrangement the City benefited from the large volumes of natural gas the School District purchases. In a 12 month period ending in March of 1997, the energy plant consumed a total of 22,890 MCF (1000 cubic feet) of natural gas at a total cost of $138,290. At the bid amount of the West Star Marketing Company the cost for this amount of gas would have been $72,276. The annual savings would therefor have been approximately $66,000 or 48% of the actual expenditure. It should be noted that the City has not and is not collecting 5% in franchise fees with these types of agreements, so the annual net savings will be reduced by $3,614 of franchise fees to $62,400 which is just over 45% of the original amount. The Purchasing Ordinance No. 38-122, Section (j) provides for Intergovernmental Cooperative contracts and agreements. The City of Wichita is authorized to purchase suppliers, services and equipment from contracts and agreements of other governmental entities which have been awarded, subject to public bidding and approval by the proper governmental entities authority. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Lambke moved that the proposal from West Star Gas Marketing for natural gas supply for the Century II Energy Plant be approved and the Purchasing Manager be authorized to sign a one year contract with the option to renew the contract for -- carried up to four (4) additional one year renewals. Motion carried 7 to 0. BUDGET 1998 ANNUAL OPERATING BUDGET AND REVISIONS TO THE 1997 BUDGET. Ray Trail Director of Finance reviewed the Item. Agenda Report No. 97-654. The City Council has received the City Manager's Proposed 1998/99 Budget. The Council is conducting workshops on the proposed Budget, and is receiving public comment at the weekly Council meetings. The proposed 1998 annual operating budget is $269,069,360. Interfund transactions and appropriated fund balances increase this amount to $326,647,249. The inclusion of the expendable trust funds, as required by law, is an additional $43,897,500 for a total of $370,544,749. The budget would necessitate a mill levy of 31.247 mills, no change from the levy requirement for the 1997 adopted budget. The General Fund property tax levy is $35,601,421 (including a delinquency allowance) at an estimated 21.247 mills. The levy for the Debt Service Fund is $16,755,080 (including a delinquency allowance) and is estimated at 10.000 mills. The dollar amounts, after they are set in the published notice of hearings on the proposed budget, cannot be exceeded, although the City Council may determine subsequently to reduce them. Formal hearing and adoption are scheduled for August 12. If subsequent actions result in an increase to the budget, a process of republication, hearings and certification will be required. In addition to action on the 1998 Budget, it is requested that action be taken to amend the 1997 adopted budget as follows: 1. The Convention and Tourism Fund is being amended $583,980, increasing expenditure authority for remodeling projects at Expo Hall that are in conjunction with construction of the new convention hotel. 2. The Special Parks and Recreation Fund is increased $10,240. This fund, required by law, provides an annual transfer from private club liquor tax receipts into the City's General Fund. Resources were greater than anticipated, allowing for a larger amount to be transferred. 3. The Landfill Fund is being amended $2,244,290 to fund the costs for the first phase drainage improvements ($1,500,000) and for the groundwater contamination structure ($1,865,000). The projects and financing are consistent with Council actions in November 1996. 4. The Property Management Fund is increased $695,310 as a contingency reserve for acquisition and/or disposition of properties through the balance of this year. 5. The Data Center Fund is amended $1,070,210, allowing for an increased transfer to the capital replacement reserve. Several current and planned projects require capital investments, including the Geographic Information System (GIS), mobile computer terminals for public safety, and the OCI automated development tracking (ADT) system. These expenses are offset over time through increased revenue from chargebacks to the beneficiaries. 6. The Telecommunications Fund is increased $185,090. The equipment replacement reserve transfer is increased to prepare for replacement of the City Hall telephone system. Publication of the notice of formal hearing will set the maximum dollars that may be expended in each fund. The City Council may subsequently reduce expenditures required (and proposed tax dollars to be levied) but not increase them. As required by law, the proposed budget will be published with appropriated balances. State statutes require formal public hearings prior to approval of the annual operating budget and for budget amendments of published funds. The 1998 Budget must be adopted by the City Council on August 12, and will be filed with the County Clerk by the statutorial date of August 25. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Beth King Beth King, Co-Chair of the College Hill Neighborhood Association Pool Task Force, said plans have been developed for a new swimming pool (for adults and children) and renovations for the existing clubhouse. Ms. King asked that the $250,000 presently in the budget be dedicated to completion of the project. Sally Roth Sally Roth, Chair of the Convention and Tourism Committee, said there is a small amount of guest tax funds that goes to the different agencies in Wichita such as Cowtown, Black Historical Society, the Convention and Tourism Bureau, etc. The Convention and Tourism Committee, in turn, makes recommendations to the City. The expenditures submitted by the Convention and Tourism Committee have considerable differences from the proposed budget expenditures. The final decision does rest on the City Council. What the Convention and Tourism Committee submitted and what the City Council received are two different things. Regarding Sister Cities, Ms. Roth said the Convention and Tourism Committee strongly feels Sister Cities is wonderful for the commerce and image of the City of Wichita, but the Committee recommends that the funding should come from a different agency. Sister Cities does not promote convention and tourism for the City of Wichita. Ms. Pate Ms. Pate said the Homeless Task Force had submitted a Homeless Plan to the City Manager and it was wondered whether there was a possibility that money could be allocated as a line item in the budget for homeless services to address operational issues so that it would not continue to be a drain on the CDBG money. Nothing has been noted in the budget except money for the overflow shelter. It was hoped there would be a work shop session so members of the Task Force could discuss this issue. Chris Cherches City Manager, responding to questions, said the proposed budget, as submitted by the City Manager's Office, recommends the Council allocate funds for the MTA which would be equivalent to a 2 mill increase. A 2 mill increase does raise the budget somewhat. Staff felt justified with that recommendation from the standpoint of the unknowns relative to future federal subsidy assistance for operations. This money does not necessarily mean that the Council is committing itself to that full expenditure. It is felt, however, based upon the current status of that fund, an increase is needed to make the fund more healthy than in the past and so that unforeseen contingencies can be funded. Mayor Knight Mayor Knight explained that the Manager's recommendation the proposed budget for the MTA be raised to the two-mill limit for the MTA within the budget. There is no increase in the mill levy. Motion -- Knight moved that the public hearing on the proposed 1998 Budget and the revised 1997 Budget be set for August 12, 1997; and the budget ordinances be placed on -- carried first reading. Motion carried 7 to 0. ORDINANCE An Ordinance making and fixing general tax levy for the City of Wichita, Kansas, for the year beginning January 1, 1997, and ending December 31, 1997, and relating thereto, and concurrently approving certain amendments to the 1996 adopted budget, introduced and under the rules laid over. ORDINANCE An Ordinance making and filing an increment in ad valorem taxes for the Gilbert and Mosley Site Redevelopment District, City of Wichita, Kansas, for the fiscal year beginning January 1, 1998, and ending December 31, 1998, introduced and under the rules laid over. ORDINANCE An Ordinance making and filing an increment in ad valorem taxes for the North Industrial Corridor Redevelopment District, City of Wichita, Kansas, for the year beginning January 1, 1998, and ending December 31, 1998, introduced and under the rules laid over. VIOLENT CRIME REPORT REPORT ON FBI VIOLENT CRIME TASK FORCE. Mayor Knight Mayor Knight said that in the late 1980s and early 1990s the City experienced a sharp increase in the number of violent crimes occurring in this community. There was tremendous community concern expressed, particularly about the homicides and armed robbery rates. In response, a special agent for the FBI, Dan Jablonski, assembled a multi-agency task force which has truly significant accomplishments. Dan Jablonski Dan Jablonski gave a report on the work of the Special Task Force. Violent crime increased dramatically across America and in Wichita in the early 1990s. Traditionally, the FBI does not become involved in local violent crimes but this changed in the early 1990s because of the advent of the violent crimes situation. The most concern seemed to be with crimes against persons when guns were involved. An area had to be identified where there could be some federal jurisdiction and a difference could be made. A determination had to be made as to who was committing the violent crime. An identification of the group would enable the group to be targeted. From 1987 to 1993, armed robberies increased dramatically. In 1987, there were 590 robberies in Wichita. In 1991, 1992, and 1993, robberies increased to 1,400 per year and the Wichita Police Department solution rate was 24 percent - the national average. However, during that time period, almost 3,200 robberies were unsolved. Because the Wichita Police Department was having to focus manpower on the ever-increasing homicides, robberies was an area that needed to be looked at. For 15 years, business robberies averaged 43 percent of the total robberies committed. The Task Force honed in on the business robberies because there was federal jurisdiction. The Wichita Police Department, Sedgwick County Sheriff, Kansas Bureau of Investigation and the Federal Bureau of Investigation each contributed dedicated, professional personnel to the Task Force. Federally, the Hobbs Act is utilized. The Hobbs Act is a Federal law that has been on the books for quite some time but it had not been used in the way it is presently being used. Basically, the Hobbs Act states that if a robbery is committed in which interferes with interstate commerce, the matter can be taken into Federal Court. A robbery which occurs in a local convenience store takes away the store owner's right to buy future products from out-of-state. Various products which are not manufactured in Kansas are products that acquired through interstate commerce. The penalty for a Hobbs Act violation, in Federal Court, is 20 years. The same act in State Court might result in a 3-year penalty with actual service of only 6 months to a year or probation. In the past 3 3/4 years, almost 1,500 violent crimes have been investigated. The Task Force solution rate is 66 percent. Part of the difference in solution rate is that the Task Force has had the luxury of focusing in on one area of crime. However, a majority of the crimes are committed by a few of the people. It was found that the motivator for most of the robberies is crack cocaine (every third or fourth night - whenever it is needed). Users of crack cocaine were responsible for 50 percent of the crime in the first year and one-half. The Task Force opened its doors October 1, 1993, and there has been a decline in the number of robberies since that time. In 1996, the number of business robberies totaled 197 - the third lowest total of business robberies in the last seventeen years, and this year is on target to go below that number. During the last 15 years, business robberies averaged 43 percent of the total robberies. In 1996, business robberies averaged 20 percent of the total. Nationally, robberies and violent crime, in general, are dropping. However, Wichita is way above the curve in this regard. It is felt that the reason for Wichita's lead is due to the pro-active stance and focus of effort. Persons committing violent crimes also commit other crimes during the commission of the violent crime. In the effort to stop violent crime, other crime statistics have been affected. Regarding prosecution, 390 individuals have been charged, and 513 subjects were responsible for 1,000 violent crimes. One-third of the crimes were charged Federally, and 2/3 were charged at the State level. Of the 75 Federal convictions, the average Federal sentence is 11.5 years. Of the 242 State convictions, the average State sentence is five years and one month. The total average sentence for the 317 jailed subjects is six years and 8 months. Council Member Kamen momentarily absent. Mr. Jablonski said the Task Force Budget is $23,000 not including overtime. Mayor Knight Mayor Knight said letters of appreciation would be sent to the President, Attorney General, Director Free, State delegation, and others. FINANCIAL REPORT QUARTERLY FINANCIAL REPORT FOR THE PERIOD ENDING JUNE 30, 1997. Ray Trail Director of Finance reviewed the Item. Agenda Report No. 97-655. The City is legally obliged to prepare a year-end audit and a Comprehensive Annual Financial Report (CAFR). For interim periods, City Finance also prepares an extensive Quarterly Financial Report at the end of each fiscal quarter, as well as an abbreviated Monthly Financial Report for the months in between the Quarterly reports. The purpose of interim period financial reporting is to advise the City Council and others on the status of the budget and highlight key trends in the City's finances to year-end. Generally, the Quarterly Financial Report for the period ending June 30, 1997, reflects that the City's finances are in excellent order and overall will exceed budgetary expectations. The Annual and Quarterly Financial Reports are prepared for use by a wide audience, internal, including the governing body, as well as external. Responding to this diverse audience, the financial condition of the City is presented in a several formats, including budgetary statements, balance sheets, and cash/investments statements. Sections of the Quarterly Financial Report have been added or expanded to assist the City Council and other readers with new information or enhanced features: _ Economic Development (page 52) -- The statement on Tax Abatements/Exemptions has been expanded to include abatements approved in the current year, pending abatements, and an aggregate total for abatements granted in prior years, all delineated by taxing district (reporting is limited to abatements involving property within the City limits). _ Open GO At-Large Capital Projects (pages 53-56) -- A new statement on open GO at-large capital projects highlights various projects and their (financial) status to provide the governing body with information on progress in completing numerous capital projects. _ Reference Guide on Understanding the Financial Statements (end of Quarterly) -- Financial statements are often difficult for the more casual reader to peruse and understand. A new "reference guide" has been added to assist readers in navigating through the various statements. Mayor Knight left the Bench; Vice Mayor Cole in the Chair. Vice Mayor Cole Vice Mayor Cole inquired if anyone wished to be heard and no one appeared. Motion -- carried Kamen moved that the Report be received and filed. Motion carried 6 to 0. (Knight absent) CITY COUNCIL AGENDA TRAVEL APPROVAL APPROVAL OF MAYOR KNIGHT'S TRAVEL TO MYRTLE BEACH, SOUTH CAROLINA, SEPTEMBER 19-20, TO ATTEND NATIONAL LEAGUE OF CITIES CED STEERING COMMITTEE MEETING. Motion -- carried Ferris moved that the travel expenses be authorized. Motion carried 6 to 0. (Knight absent) APPOINTMENTS BOARD APPOINTMENTS (FOR TERMS EXPIRING JUNE 30, 1999). Art Museum Board (7 appointments) Board of Appeals of Air Conditioning, Refrigeration, Warm Air Heating and Boilers (2 appointments - Mobile Home Mechanic and Architect) Board of Appeals of Plumbers and Gas Fitters (1 appointment - Public at large) Board of Code Standards and Appeals (4 appointments - Cole, Lambke, 2-City Manager) (Citizen at large, 2 Architects, Class B Contractor) Board of Electrical Appeals (3 appointments - Public at large, Mobile Home Technician, Journeyman Electrician) Board of Housing Commissioners (1 appointment - Kamen) Board of Park Commissioners (1 appointment - Ferris) Civil Rights and Services Board (2 appointments - Kamen, Lambke) Commission on the Status of People with Disabilities (2 appointments - Gale, Lambke) Group Life Insurance Board (2 appointments) Historic Preservation Board (1 appointment - Kamen) Human Services Board (1 appointment) Library Board (4 appointments - 2 - Lambke; 1 - Cole, Rogers) Police and Fire Retirement Board of Trustees (1 appointment - Lambke) Traffic Commission (1 appointment - Cole) Wichita Athletic Commission (3 appointments) Wichita Commission on the Status of Women (1 appointment - Gale) Wichita Employees' Retirement Board (3 appointments - Ferris, Lambke, Knight) Wichita Public Building Commission (1 appointment - Lambke) Wichita-Sedgwick County Alcohol and Drug Abuse Advisory Board (1 appointment - Youth) Motion -- Lambke appointed Ora Nestleroad (Public Building) and moved that the -- carried appointment be approved. Motion carried 6 to 0. (Knight absent) Motion -- Kamen appointed Mary Garrelts (Housing) and moved that the appointment be -- carried approved. Motion carried 6 to 0. (Knight absent) Mayor Knight present; Vice Mayor Cole in the Chair. Motion -- Cole appointed Ken Kern (Codes), Barbara Bowman (Library), and Jim Huntley -- carried (Traffic) and moved that the appointments be approved. Motion carried 7 to 0. Mayor Knight in the Chair. APPOINTMENTS TO HUMAN SERVICES BOARD. Four members of the board are nominated by community organizations that serve the low-income for terms expiring June 30, 1999. The Human Services Board recommends Andy Bias (Wichita Metropolitan Family Preservation Agency); Shawn Littlejohn (Northeast Research and Outreach Center); Rev. Sam Muyskens (Inter-Faith Ministries); and Ronald E. Thomas (Goodwill Industries Easter Seal Society of Kansas, Inc). Motion -- Knight appointed Andy Bias (Wichita Metropolitan Family Preservation Agency); Shawn Littlejohn (Northeast Research and Outreach Center); Rev. Sam Muyskens (Inter- Faith Ministries); and Ronald E. Thomas (Goodwill Industries Easter Seal Society of Kansas, Inc) and moved that the appointments be approved. Council Member Rogers Council Member Rogers inquired about the past low-income appointment, rather than low-income representative, requirement. Chris Cherches City Manager said the ordinance which reconstituted the Human Services Board when the Board was expanded provides that the public sector have five members and the private sector have four members, all comprised of officials or members of business, industry, labor, religious, welfare, and education groups. Regarding the low-income sector, the ordinance reads, "four representatives of low-income shall be elected to the Board every two years and elected from the quadrants within the City proportioned in accordance with the amount of low-income population." The City Manager said he has not had a chance to confer with the City Attorney on this matter but it looks like it was intended for actual low-income election. Based on the Ordinance and the recommendations that have been made from the Human Services Board, there seems to be incompatibility. The City Manager suggested this matter be deferred one week to allow response by the City Attorney. -- withdrawn Knight, with consent of the second, withdrew the motion. Motion -- carried Knight moved that this Item be deferred one week. Motion carried 7 to 0. CONSENT AGENDA Knight moved that the Consent Agenda 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 JULY 28,1997. At 10:00 a.m., Friday, July 18, 1997, 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 July 28, 1997) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS SANITARY SEWER RECONSTRUCT-MAPLE & MCLEAN, MERIDIAN-SENECA, PH II 468-82751 (621771) WB Carter Construction Co., Inc. - $302,331.00 WATER DISTRIBUTION SYSTEM (Bridgefield Addition) 448-89144 (733840) Mies Construction Co., Inc. - $103,358.00 16th STREET N. REDBARN AND REDBARN AND HARVEST (SOCORA VILLAGE) 472-82280/764365) TOTAL ALTERNATE #1 - Ritchie Paving - $116,420.14 WOODCHUCK, 16TH ST. N & HARVEST (SOCORA AND WESTRIDGE VILLAGES) 472-82281/764357) TOTAL ALTERNATE #1 - Ritchie Paving - $137,672.01 97 ARTERIAL SIDEWALK AND WHEEL CHAIR RAMP CONSTRUCTION PH II 472-82821 (706572) Barkley Construction - $202,500.00 Engineer's Estimate. RECONSTRUCT PORTION OF COLLEGE HILL SANITARY SEWER PHASE III 468-82750 (621557) Dondlinger Construction Company, Inc. - $175,000.00 Knight moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign for the City. Motion carried 7 to 0. LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1997 (Consumption off Premises) Kenneth Merry Williamsburg 661350 North Oliver John R. Leftwich C Mart #7301 10330 West Central #140 Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 7 to 0. PLAND & SPECS PLANS AND SPECIFICATIONS. a. 1997 Contract Maintenance Arterial Mill and Overlay, Phase II at various locations. (132282/112000) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 3-4-97) (District All) b. 1997 Contract Maintenance Cold Recycled Paving of Seneca Street North from 37th Street North to Seneca Drive (40th Street North). (132324/112000) Traffic to be maintained through construction. (Council approval date 3-4-97) (District n/a) c. Lateral 268, Main 5, Sanitary Sewer #22 to serve Avery Addition (north of Murdock, west of Hoover). (468-82690/743054/480397) Does not affect existing traffic. (Council approval date 3-25-97) (District 5) d. Sanitary Sewer Rehabilitation west of Broadway from Lincoln to Gilbert (west of Broadway, north of Lincoln). (468- 82756/621789/533289) Does not affect existing traffic. (Council approval date ) (District 1-7-97) e. Sanitary Sewer Rehabilitation west of Lorraine between 15th Street North and 16th Street North (west of Hillside, north of 13th). (468- 82757/621797/533290) Traffic to be maintained through construction. (Council approval date 1-7-97) (District I) f. 16" Water Main in Clifton from north Kellogg Frontage Road to Waterman (north of Kellogg, east of Hillside). (448-89137/635375/544637) Traffic to be maintained during construction . (Council approval date 1-14-97) (District II) g. 1997-1998 CDBG Sidewalk Improvements at various locations. (618587/805004) Traffic to be maintained through construction. (Council approval date 7-1-97) (District All) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., August 8, 1997. Motion carried 7 to 0. SUBDIVISION PLANS AND SPECIFICATIONS. a. Water Distribution System to serve Willowbend North Addition (west of Rock, south of 45th Street North). (448-89145/733873/470465) Traffic to be maintained through construction. (Council approval date 6-10-97) (District 2) b. Water Distribution System to serve Bradley Fair Third Addition (south of 21st, east of Rock). (448-89162/733949/470472) Does not affect existing traffic. (Council approval date 7-1-97) (District 2) c. Lateral 6, Cowskin Interceptor Sewer to serve Maple Dunes Addition (north of Maple, east of 135th Street West). (468- 82714/743203/480409) Does not affect existing traffic. (Council approval date 7-1-97) (District 5) d. Water Distribution System to serve Willowbend North Addition (west of Rock, south of 45th Street North). (448-89146/733881/470466) Does not affect existing traffic. (Council approval date 6-10-97) (District 2) e. Storm Water Sewer 484 to serve Bridgefield Addition (south of Central, east of 127th Street East). (468-82711/750992/485135) Does not affect existing traffic. (Council approval date 5-13-97) (District 2) f. Covington and Shefford to serve Pawnee Mesa Addition (north of Pawnee, west of Lark). (472-82820/764324/490535) Does not affect existing traffic. (Council approval date 4-22-97) (District 5) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., August 8, 1997. Motion carried 7 to 0. PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. 1997 Repair of Condemned Sidewalk and Wheelchair Ramp Construction, Phase I at various locations. (132100/112000) Traffic to be maintained through construction. (Council approval date 3-4-97) (District All) - $101,000.00 b. 1997 Arterial Sidewalk and Wheelchair Ramp Construction, Phase I at various locations. (706572/405211) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 3-4-97) (District All) - $225,000.00 c. Lateral 55, Main 9, Sanitary Sewer #23 to serve Willowbend North Addition (west of Rock, south of 45th Street North). (468- 82712/743153/480407) Does not affect existing traffic. (Council approval date 6- 10-97) (District 2) - $252,500.00 d. Lateral 30, Main 15, Southwest Interceptor Sewer to serve part of Socora Village & Wesley West Addition (east of Tyler, south of 17th). (468-82253/743146/480406) Does not affect existing traffic. (Council approval date 10-20-92) (District 5) - $90,187.00 e. Water Distribution System to serve part of Socora Village (east of Tyler, south of 17th). (448-88643/733865/470464) Does not affect existing traffic. (Council approval date 10-20-92) (District 5) - $46,000.00 f. Water Distribution System to serve part of Socora Village & Westridge Village (east of Tyler, south of 17th). (448- 88644/733857/470463) Does not affect existing traffic. (Council approval date 10- 20-92) (District 5) - $49,700.00 g. Storm Water Drain #128 to serve Regency Lakes & Regency Lakes 2nd (north of 21st Street North, west of Greenwich Road). (468- 82697/750950/485131) Does not affect existing traffic. (Council approval date 4- 1-97) (District II) - $346,000.00 h. Cooper, Pebblebrook and Beech to serve Pebblebrook Addition (north of Pawnee, west of Webb). (472-82302/764332/490536) Does not affect existing traffic. (Council approval date 2-23-93) (District 2) - $310,000.00 Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 7 to 0. PETITIONS PETITION TO PAVE BAY COUNTRY STREET IN COUNTRY MEADOWS WEST ADDITION (NORTH OF CENTRAL, WEST OF 119TH STREET WEST). (District V) Agenda Report No. 97-656. On March 18, 1997, the City Council approved a Petition for paving streets in Country Meadows West Addition. An attempt to award a construction contract within the budget set by the Petition was not successful. A new Petition with an increased budget has been submitted. The signature on the new Petition represents 100% of the improvement district. The original Petition totaled $240,600. The new Petition totals $300,000. The funding source is Special Assessments. The Petition is valid and sufficient as it was signed by 100 percent of the property owners and owners of the majority of the property in the improvement district. Motion -- Knight moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-97-281 Resolution of findings of advisability and Resolution authorizing improving of Bay Country and Bay Country Circle from the north line of Central to and including the cul-de-sac; Cindy from the west line of Block 1, to the east line of Block 3, and; sidewalk along the east line of Bay Country and Bay Country Circle from the north line of Central to the north line of Lot 11, Block 2, Project No. 472-82777 (north of Central, west of 119th Street West) 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. PETITION FOR WATER DISTRIBUTION SYSTEM TO SERVE REGENCY LAKES SECOND ADDITION (NORTH OF 21ST, WEST OF GREENWICH). (District II) Agenda Report No. 97-657. The signature on the Petition represents 100% of the improvement district. The Water Line will serve an assisted living facility for the elderly. The estimated project cost is $33,000. 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-97-282 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89168 (north of 21st, west of Greenwich) 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. PETITION FOR WATER DISTRIBUTION SYSTEMS TO SERVE ROCKY CREEK ADDITION (NORTH OF 13TH, EAST OF 127TH STREET EAST). (District II) Agenda Report No. 97-658. The signature on the Petitions represents 100% of the improvement districts. Rocky Creek Addition, a new single-family development, was platted in 1996. The developer has submitted new Petitions to reconfigure the area to meet an increased rate of home sales. The Petitions total $124,700. The funding source is Special Assessments. Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-97-283 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89163 (north of 13th, east of 127th Street East) 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-284 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89164 (north of 13th, east of 127th Street East) 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. BOARDS MINUTES MINUTES OF ADVISORY BOARDS. CPO Northeast Council 1, 7/14/97 CPO East Council 2, 7/14/97 CPO Southeast Council 3, 7/10/97 CPO Southwest Council 4, 7/10/97 CPO Northwest Council 5, 7/16/97 Wichita Art Museum Board, 6/26/97 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 7 to 0. STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. Agenda Report No. 97-676. On April 29, 1997, the City awarded a contract to Wildcat Construction Company, Inc. to construct the Kellogg/Oliver Interchange. Starting July 30, 1997, access to the south line of Kellogg will be permanently eliminated from the following streets: Roosevelt, Bluff, Fountain, Broadview, Belmont, Crestway, and Terrace. Once the streets have been closed, work on a temporary detour along the south side of Kellogg will begin. The tie-in at the ends of the detour route will require that for short periods of time Kellogg be reduced to one-lane of traffic in each direction. In accordance with contract requirements, these closures will only be allowed between 7:00 p.m. and 5:30 a.m. Motion -- carried Knight moved that the street closures be approved. Motion carried 7 to 0. KCC CONTRACT CONTRACT WITH THE KANSAS CORPORATION COMMISSION (KCC). (All Districts) Agenda Report No. 97-659. Since 1985, the Wichita Metropolitan Transit Authority (MTA) has filed for State Energy Program funds to support local ridership program activities. Over recent years, these funds have also supported special transportation development/coordination activities. On April 28, 1997, the WMTA made application for $37,000 in assistance to support these activities from July 1,1997, to June 30, 1998. On July 7, 1997, a grant was received from the KCC for the $37,000. These funds will be used to leverage federal support in the amount of $148,000. The Regional Rideshare Program (WRRP) is entering its 13th year as the primary provider of rideshare services and as lead agency in the development and coordination of public and private transportation services. Throughout those years, staff has helped to establish thousands of carpools which resulted in conserving an estimated 37 million vehicle miles of travel and over 1.8 million gallons of fuel. Over 90 of the area's largest employers have participated in sponsoring in-house rideshare programs through the WRRP, including 100 percent of local communities with over 1,000 residents within a 50 mile radius of Wichita. In addition, strategically placed carpool information signs are a permanent fixture of the street and highway system in and around Wichita. The telephone number displayed on the sign (265-7221) is also the same number that individuals can access public bus service information, wheelchair accessible van services, senior disabled citizen's taxicab subsidy programs, and other public and private transportation services. Generally, information and access to most all transportation services in Wichita is available through WMTA. Total project costs to perform activities involving four staff members is projected to be $185,000. Between the KCC funding (at 20 percent) and the FTA share (80 percent) all program expenses will be covered without any city funding. This has been the past 12-year experience and should continue in the coming years. Motion -- Knight moved that the Contract be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. POLICE GRANT APP. SAFE & DRUG-FREE SCHOOLS & COMMUNITIES GRANT APPLICATION. (All Districts) Agenda Report No. 97-660. The Safe & Drug-Free Schools & Communities Grant Program is administered by the Attorney General of Kansas. The program provides grants to assist programs in providing services to at-risk youth to reduce the incidence of drug abuse and violence. The Police Department's School Liaison Section provides services such as the D.A.R.E. Program to youth in Wichita's schools to reduce the incidence of drug abuse and violence. To that end, the Police Department is seeking $15,000. through the Safe & Drug-Free Schools & Communities Grant Program to fund D.A.R.E. workbooks, teaching materials, and brochures. The grant program will fund the entire cost ($15,000) of the program. No local match is required, and no continuation expense will need to be entailed by the City. Motion -- Knight moved that the grant application be approved and the necessary signatures -- carried be authorized. Motion carried 7 to 0. IRB - 901, L.L.C. REINSTATEMENT OF LETTER OF INTENT FOR TAXABLE INDUSTRIAL REVENUE BONDS (901, L.L.C.). (District III) Agenda Report No. 97-661. On January 21, 1997, 901, L.L.C., was issued a Letter of Intent for Taxable Industrial Revenue Bonds in an amount not to exceed $7.9 million and on March 4, 1997, the City Council approved a 100% tax abatement on the project subject to an in lieu of tax payment of $26,415.48. The bonds will finance the acquisition and renovation of the facility located at George Washington and Lincoln (the 901 Building). The Letter of Intent expired on July 21, 1997. 901, L.L.C. is requesting that the Letter of Intent be reinstated and extended to December 21, 1997. The reason for requesting the extension is that 901, L.L.C. could not complete the arrangements for the financing by July 21, 1997 and needs that extra time to complete the arrangement for financing the project. 901, L.L.C. is a Kansas limited liability company formed in January, 1997 for the purpose of acquiring, owning, managing, operating and selling real estate. The Company is owned by its members, Ablah Enterprises, Inc. and Ronald D Ryan. Bond proceeds will be used to acquire and renovate the 901 Building, a three-story building with a basement containing 175,140 s.f. on 377,300 S.f. of land located at the intersection of George Washington Boulevard and Lincoln Street in southeast Wichita. The renovation of the building will include, but not be limited to: new fire sprinkler systems; plumbing; restrooms; exterior windows; HVAC units; reconditioned elevators; parking improvements; landscaping; exterior building improvements; fencing and a ground floor restaurant. Upon completion of the renovation, NationsBank (formerly Bank IV) will locate a Banking Call Center in the facility. The Center will provide service around-the-clock, 7 days a week, to the banks customers, regardless of their location. Wichita was selected as the site for the Call Center following a nationwide competition that included most of the major cities in the NationsBank system. NationsBank will create new employment for 200-300 persons during the first year of its operation and up to 400-600 persons by the end of the second year of operations. In addition, Ryan International Airlines will relocate its corporate headquarters for national and international operations to the facility from its present location near the airport on Kellogg. Ryan will add approximately 80 new employees (to its existing staff of 106 persons) during the term of its initial lease of space in the facility of 10 years. The bonds will be privately placed with one or more institutional investors. The firm of Hinkle, Eberhart & Elkouri, L.L.C. will serve as bond counsel in the transaction. The project will be financed by bond proceeds as follows: USE OF BOND PROCEEDS Building Acquisition $1,100,000 Building Renovation 5,290,000 Issuance Costs (Legal Fees, etc.) 100,000 Other Costs (Architectural & Development costs) 625,000 Working Capital 785,000 Total: $7,900,000 901 L.L.C. will file an approved EEO/AA Plan and Water Conservation Plan with the City prior to the issuance of the bonds. 901. L.L.C. agrees to pay all costs of issuing the bonds and agrees to pay the City's $2,500 annual IRB administrative fee for the term of the bonds. 901, L.L.C. approved for a 100% tax abatement of ad valorem property taxes on the project with an in lieu of tax payment equal to existing 1996 taxes on the facility which were $26,415.48. Under the City's Business Incentives Policy, the project would qualify for a 100% tax abatement. If approved, the Letter of Intent, dated January 21, 1997, would be reinstated with its original conditions and extended to December 21, 1997. Motion -- Knight moved that the Letter of Intent to 901, L.L.C., for Taxable Industrial Revenue Bonds in an amount not to exceed $7.9 million, subject to the original conditions be reinstated and extended to December 21, 1997. Motion carried -- carried 7 to 0. PROPERTY DISPOSITION PROPERTY DISPOSITION - SALE OF 1029 NORTH INDIANA. Agenda Report No. 97-662. 1029 North Indiana is a city-owned unit in the Infill Program. The Infill Program was implemented to preserve existing housing stock while improving and stabilizing older neighborhoods. The home at 1029 North Indiana (Lots 25-27, Wabash Second Addition) was moved and rehabilitated as one of the houses from the McLean Boulevard widening and is being sold with assistance from the HOMEownership 80 Program. The HOMEownership 80 Program is designed to allow first- time, low to moderate income families to purchase homes with city assistance for down payment and closing costs, stove and refrigerator, security system, and minor repair. The program is targeted to families who might otherwise be unable to purchase a home due to down payment requirements and closing costs. Many of the repairs at 1029 North Indiana were performed by students under the Rehabilitation and Investment Program (RIP). The home was donated to the program by the City of Wichita, Public Works Department. The proposed selling price is $29,000. The buyer will need two loans in order to afford the home. The first loan is a conventional home mortgage and the second mortgage is a zero interest, deferred payment loan from HOMEownership 80. The buyer will expend approximately $500 of their own funds for the purchase. Sellers estimated closing costs include $262.50 for title insurance and closing fees, $870 for buyers Realtor fees, and $55 for termite inspection. In the event infestation is found, seller shall pay for treatment. Motion -- Knight moved that the sale and the Contract be approved; and the Mayor be -- carried authorized to sign the necessary documents. ICE RINK ENERGY IMPR. ENERGY CONSERVATION IMPROVEMENTS AT WICHITA ICE CENTER. Agenda Report No. 97-663. On March 21,1995, documents and related agreements with Canlan Investments governing the construction and operation of the Wichita Ice Center were approved. Construction of the City-owned, ice skating facility was completed in December 1996. Since then, Canlan has been operating the Ice Center under its local affiliate, Ice Sports Center of Wichita, LLC. Canlan has requested City funding for the installation of a special insulating ceiling, called Astrofoil, above the two skating surfaces at the Ice Enter, under the City's Savings Incentive Program. Astrofoil is a reflective insulating ceiling material and is designed to reduce the loss of refrigeration in the rinks due to heat radiating through the building's metal roof. Canlan estimates a 40 percent reduction in refrigeration costs with the installation of Astrofoil. The material also brightens the light in the rinks and creates additional energy savings through the use of lower wattage light bulbs. The total cost of the Astrofoil ceiling, including installation, is $75,000. The improvement is expected to generate approximately $25,000 in annual energy savings, through reduced expenditure for electricity and natural gas used in refrigeration and lighting. The energy savings will repay the cost of the ceiling in three years. The City's Savings Incentive Program is available to pay for the ceiling and would be repaid over a three-year period from the operating budget of the Ice Center. There are sufficient funds available in the Savings Incentive Program to pay for the improvement. Motion -- Knight moved that the energy conservation improvements, as part of the Savings -- carried Incentive Program, be approved. Motion carried 7 to 0. PROPERTY ACQUISITION PURCHASE OPTION - BROADWAY PLAZA ASSOCIATES. (District VI) Agenda Report No. 97-664. On March 24, 1981, Council approved the issuance of $4 million in Industrial Revenue Bonds, Series IV, 1981, to finance the renovation of equipping of Hardage Center and Broadway Plaza (former Hinkle Building and Brown Building respectively). Under the provisions of the bonds, if all outstanding bonds have been paid, Broadway Plaza Associates has the option to purchase the facility from the City of Wichita for $100. Notice has been received of intention to exercise the option to purchase the facility. Motion -- Knight moved that the Resolution be adopted, and the Special Warranty Deed and Termination of Lease Agreement be approved and the Mayor be authorized to sign. -- carried Motion carried 7 to 0. RESOLUTION NO. R-97-285 A Resolution authorizing the City of Wichita, Kansas, to convey title to the property acquired, constructed, and installed with the proceeds of its Industrial Revenue Bonds, Series IV, 1981 (Broadway Plaza Associates, a Massachusetts Joint Venture - Tenant) (Broadway Plaza Associates, New England Mutual Life Insurance Company and B-P Partners, a Kansas Limited Partnership - Guarantors) to Broadway Plaza Associates; authorizing execution of a special warranty deed and termination and release of lease; and authorizing the execution of all such other documents necessary to convey title to such property to Broadway Plaza Associates, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. MERIDIAN SS SUPPLEMENTAL AGREEMENT FOR SANITARY SEWER IN MERIDIAN. (Districts IV and VI) Agenda Report No. 97-665. On July 30, 1996, the City Council approved an agreement with Savoy, Ruggles & Bohm, P.A. (SRB) to design paving and water improvements in Meridian, from Maple to Central, for a fee of $83,500, and $38,000 respectively. On January 7, 1997, the City Council approved a supplemental agreement with SRB to design approximately 1,000 lineal feet of 8" water main in Meridian, from Caroline to Newell, for a fee of $1,500. The Water Department has requested that SRB prepare plans for approximately 900 lineal feet of 8" sanitary sewer, 7 manholes, and associated removal and replacement in the project area. Plans will be prepared so that the sanitary sewer improvements can be constructed prior to, or in conjunction with, construction of the paving and water improvements. Payment to SRB will be made on a lump sum basis of $4,100 and will be paid from Sewer Utility Funds. Motion -- Knight moved that the Supplemental Agreement be approved and the Mayor be -- carried authorized to execute. Motion carried 7 to 0. DESIGN SERVICES AGMT. AGREEMENT FOR DESIGN SERVICES FOR MAPLE DUNES ADDITION. (District V) Agenda Report No. 97-666. The City Council approved the Maple Dunes Addition plat on July 1, 1997. The proposed Agreement between the City and Poe & Associates of Kansas, Inc. provides for the design of Lateral 6, Cowskin Interceptor Sewer; Storm Water Sewer No. 486; Water Distribution System No. 448 89148; and paving Maple Dunes and Maples Dunes Courts (north of Maple, east of 135th Street West). Because Poe & Associates of Kansas, Inc. provided subdivision engineering services for this addition, it can expedite construction plan preparation. Payment will be on a lump sum basis not to exceed $57,100 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. DESIGN AGREEMENT AGREEMENT FOR DESIGN SERVICES FOR WILSON FARMS ADDITION. Agenda Report No. 97-667. The City Council approved the Wilson Farms Addition plat on July 1, 1997. The proposed Agreement between the City and Mid-Kansas Engineering Consultants, Inc. (MKEC) provides for the design of Lateral 71, Main 22, War Industries Sewer; Storm Water Drain No. 130; Storm Water Drain No. 131; Storm Water Sewer No. 488; Storm Water Sewer No. 489; Water Distribution System No. 448 89157; Water Distribution System No. 448 89158; Water Distribution System No. 448 89159; and paving Red Brush, Wilson Estates Parkway, Deceleration and Left Turn Lanes on 21st Street, Red Brush/Paddock Green, Red Brush Court, Paddock Green Courts, and Sidewalk (south of 21st, east of Rock). Because MKEC provided subdivision engineering services for this addition, it can expedite construction plan preparation. Payment will be on a lump sum basis not to exceed $177,535 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. CDBG CONTRACT CDBG CONTRACT - ORPHEUM THEATER. Agenda Report No. 97-668. On January 7, 1997, the City Council allocated Community Development Block Grant (CDBG) funds as matching funds for a new heating/cooling system for the Orpheum Theater. The contract with Orpheum Performing Arts Centre, Ltd. provides funds to install at heating/cooling system in the Orpheum Theater. The contract amount is $250,000 to be matched on a one for one basis with new private funds secured by the delegate agency. The contract has been negotiated with the delegate agency and signed by its authorized representative. The Law Department has reviewed and approved the contract as to form. Motion -- Knight moved that the Contract be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. SUFFICIENCY OF PETITION SUFFICIENCY OF PETITIONS FOR SPECIAL ASSESSMENT PROJECTS. Agenda Report No. 97-669. As detailed under K.S.A. 12-6a01 et seq., the special assessments process begins with the filing of a petition by property owners who want the City to undertake a capital project. Because the majority of the benefit from the project will accrue to a few individuals or a specific area, those benefiting pay for the improvement through special assessments. One of the key requirements of the process is that the petition represent the required number of property owners. The City's resolutions as now included in the bonding transcripts do not explicitly address this requirement. The Finance Department has prepared a list of active special assessment projects, at the request of Bond Counsel. The list includes a brief project description, resolution numbers for the authorizing resolutions, and dates of adoption and publication of the resolutions. By adopting a resolution affirming the sufficiency of the petitions used to initiate these projects, the City will satisfy the requirements of K.S.A. 12-6a01 et seq. Motion -- Knight moved that the Resolution confirming the sufficiency of the previously received petitions for specially assessed capital improvement projects be -- CARRIED adopted. Motion carried 7 to 0. RESOLUTION NO. R-97-286 A Resolution of the City of Wichita, Kansas, confirming the sufficiency of petitions received by the City for various capital improvements projects heretofore authorized by resolution of the City pursuant to K.S.A. 12- 6a01 et seq., as amended and supplemented, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. CONDEMNATION RESOLUTION - REPAIR OR REMOVAL OF DANGEROUS AND UNSAFE STRUCTURE. Agenda Report No. 97-670. On June 2, 1997, the Board of Code Standards held a hearing on the following property. The property is considered a dangerous and unsafe structure and is being presented to reschedule a condemnation hearing before the Governing Body. Improvement notices have been issued on the structure, 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 property. Property Address Council District 1230 S. Washington I On June 24, 1997, a Resolution setting the public hearing for August 5, 1997, at 11:00 a.m. This is the final Resolution for notice of hearing that was not correctly published and a Resolution setting a new public hearing needs to be adopted. Motion -- Knight moved that the Resolution placing this matter on the agenda for a Hearing before the Governing Body on September 9, 1997, at 11:00 a.m., be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-97-280 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 34 and 36, on Washington Avenue, in Lincoln Street Addition to Wichita, Sedgwick County, Kansas, except a tract of land for highway purposes described as beginning at the southwest corner of Lot 36, thence north to the northwest corner of Lot 34, thence east 7.74 feet; thence south to a point 7.72 feet east of the southwest corner of said Lot 36; thence west to the point of beginning, known as 1230 South Washington 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. IRB - DYE HARD, INC. AMENDMENT TO TRUST INDENTURE - DYE HARD, INC. (District VI) Agenda Report No. 97-671. On June 17, 1993, Council approved issuance of Taxable Industrial Revenue Bonds in an amount not to exceed $500,000 to Dye Hard, Inc. The purpose of the bond issue enabled Dye Hard to acquire and renovate property at 120 North Mosley in the Old Town area, into office and retail space. Bond Counsel for the transaction, Hinkle, Eberhart, and Elkouri, has submitted documents to amend the original Trust Indenture. The 1993 Trust Indenture did not provide for the transfer of interest earned on the bond reserve account into the principal and interest payment account once the bond reserve account reached the maximum balance required by the Trust Indenture. The First Amended Trust Indenture amends the Trust Indenture and authorizes the Trustee to transfer to the Principal and Interest Account all funds in excess of the maximum balance required by the Trust Indenture for the bond reserve account. There is no financial impact on the City. Motion -- Knight moved that the Ordinance be placed on first reading. Motion carried -- carried 7 to 0. ORDINANCE An Ordinance authorizing execution and delivery of a first amended trust indenture, amending and supplementing a certain trust indenture dated June 1, 1993, authorizing and securing the City's Taxable Industrial Revenue Bonds, Series IV, 1993 (Dye Hard, Inc.), introduced and under the rules laid over. ORDINANCES SECOND READING ORDINANCES. (First Reading July 22, 1997) a. Tyler Road Improvement, South of 29th Street North. (District VI) ORDINANCE NO. 43-541 An Ordinance declaring Tyler Road from 29th Street North to 1/2 mile south of 29th Street North 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, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. b. Zoning - SCZ-0721 (North of 21st Street North, West of Hoover). (District V) ORDINANCE NO. 43-542 An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. FIRST READING ORDINANCE - SPECIAL ASSESSMENT. Motion -- Knight moved that the following Ordinance be placed on first reading. Motion -- carried carried 7 to 0. ORDINANCE An Ordinance making a special assessment to pay for the cost of cutting weeds in the City of Wichita, Kansas,introduced and under the rules laid over. PLANNING AGENDA Marvin Krout Director of Planning stated that all Items, including Addendum Item 38, could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Knight moved that all Planning Agenda Items, including Addendum Item 38, be -- carried approved as consensus Items. Motion carried 7 to 0. A 97-18 A 97-18 - REQUEST TO ANNEX PROPERTY ADJOINING THE CITY AND GENERALLY LOCATED SOUTH OF 29TH STREET ON TYLER ROAD. (District V) Agenda Report No. 97-672. The City of Wichita Engineering Department has requested that Tyler street right-of-way south of the intersection of 29th Street and Tyler Road be annexed into the City of Wichita. The property to be annexed is bordered by Wichita on the south and west. This street right-of-way is comprised of 2.17 acres and is currently in unincorporated Sedgwick County. It has been requested by the Sedgwick County Bureau of Public Services for administrative purposes that this land be annexed into the City of Wichita, as there is a City of Wichita Public Works project in progress at this site. The site is a part of Tyler Road and is being improved by the City of Wichita. Property to the east of Tyler Road is zoned "LC" Limited Commercial and "RR" Rural Residential, property to the west of Tyler Road is zoned "LC" Limited Commercial and "SF-6" Single Family Residential. North and South of this site is Tyler Road extended. This property is located within the urban growth area of the City of Wichita as delineated by the Comprehensive Plan for the metropolitan area, and is also inside the Policy 32 urban service area. On the basis of the foregoing information, the annexation of this property does not appear to result in additional future extraordinary expenses to the City-at-large. The property is eligible for annexation under K.S.A. 12-520 (7) of State Law. Motion -- Knight moved that the annexation request be approved and the annexation -- carried Ordinance be placed on first reading. Motion carried 7 to 0. ORDINANCE An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, introduced and under the rules laid over. A-97-18 A 97-19 A 97-19 - REQUEST TO ANNEX PROPERTY ADJOINING THE CITY AND GENERALLY LOCATED AT THE INTERSECTION OF 21ST STREET AND MAIZE ROAD. (District V) Agenda Report No. 97-673. The City of Wichita Engineering Department has requested that 21st Street right-of-way at the intersection of 21st and Maize Road be annexed into the City of Wichita. The property to be annexed is bordered by Wichita on the south, east and west. This street right-of-way is comprised of 2.38 acres and is currently in unincorporated Sedgwick County. It has been requested by the Sedgwick County Bureau of Public Services for administrative purposes that this land be annexed into the City of Wichita, as there is a City of Wichita Public Works project in progress at this site. The site is a part of 21st Street and is being improved by the City of Wichita. Property to the north and south of 21st Street are zoned "LC" Limited Commercial. East and west of this site is 21st Street extended. This property is located within the urban growth area of the City of Wichita as delineated by the Comprehensive plan for the metropolitan area, and is also inside the Policy 32 urban service area. On the basis of the foregoing information, the annexation of this property does not appear to result in additional future extraordinary expenses to the City-at-large. The property is eligible for annexation under K.S.A. 12-520 (7) of State Law. Motion -- Knight moved that the annexation request be approved and the annexation -- carried Ordinance be placed on first reading. Motion carried 7 to 0. ORDINANCE An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, introduced and under the rules laid over. A- 97-19 CU-436 CU-436 - CONDITIONAL USE FOR AN 8-BAY CAR WASH ON A 1.08 ACRE PLATTED LOT ZONED "LC" LIMITED COMMERCIAL AND "NR" NEIGHBORHOOD RETAIL, AND; Z-3232 - ZONE CHANGE FROM "NR" NEIGHBORHOOD RETAIL TO "LC" LIMITED COMMERCIAL, LOCATED ON THE SOUTH SIDE OF CENTRAL APPROXIMATELY 400 FEET EAST OF WEST STREET. Agenda Report No. 97-674. Staff Recommendation: Approve, subject to conditions. CPO Recommendation: Approve, subject to conditions. MAPC Recommendation: Approve, subject to conditions. The applicant requested a Conditional Use for an 8-bay car wash on the south side of Central approximately 400 feet east of West Street. The site plan submitted as part of the application show seven self-service car wash bays, with one automatic car wash bay. The site plan indicates general compliance with the minimum requirements. Since the east and south property lines of the site are near a residential district with the intervening land still undeveloped, staff things it appropriate that the applicant construct a fence with a minimum height of six feet along that portion of the development that is near the residential zoning. Landscaping of the site will also be required in accordance with the City's landscaping/screening ordinance. Motion -- Knight moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC be approved and the conditional use permit be approved, subject to the recommended conditions, and the zoning change Z-3232 -- carried Ordinance be placed on first reading. Motion carried 7 to 0. ORDINANCE An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, introduced and under the rules laid over. Z- 3232 Z-3236 Z-3236 - ZONE CHANGE FROM "SF-6" SINGLE FAMILY RESIDENTIAL TO "TF-3" TWO-FAMILY RESIDENTIAL GENERALLY LOCATED NORTH OF BARBARA, EAST OF SENECA. Agenda Report No. 97-675. Staff Recommendation: Approve, subject to the applicants' written agreement not to protest participation in a petition for any future paving project on Barbara. CPO Recommendation: Approve, as recommended. MAPC Recommendation: Approve, as recommended. The applicant requested a zone change in order to construct a duplex. The CPO 4 Council voted 9 to 0 to recommend approval of the request. The applicant submitted the required written agreement not to protest participation in a petition for any future paving project on Barbara. Motion -- Knight moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC be approved, subject to the recommended conditions, and the Ordinance be placed on first reading. Motion carried -- carried 7 to 0. ORDINANCE An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, introduced and under the rules laid over. Z-3236 ADDENDUM ITEM S/D 96-5 S/D 96-5 - PLAT OF ECK FOURTH ADDITION LOCATED SOUTH OF 13TH STREET NORTH AND EAST OF HOOVER/I-235. Agenda Report No. 97-677. The plat was deferred previously due to difficulties with neighboring property owners in obtaining street paving petitions. The plat has been revised with only the southern portion of Doris Street no longer providing access to lots in the proposed addition and only dedicating half street right of way on a contingent basis. A public hearing on revised street paving petitions will be set for a Council meeting in August. Certificate of Petition, Restrictive Covenant, Avigational Easement by KCE, Inc. 100 Percent Petition for construction of Water Distribution System Number 448-89107 (south of 13th, west of West Street) ($54,000 S.A.) 100 Percent Petition for construction of Lateral 267, Main 5, Sanitary Sewer No. 22 (south of 13th, west of West Street) Project No. 468- 82665 ($75,000 S.A.) Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign; and the recording of the plat be held until after the approval of street paving petitions. Motion -- carried carried 7 to 0. RESOLUTION NO. R-97-287 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89107 (south of 13th, west of West Street) 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-288 Resolution of findings of advisability and Resolution authorizing construction of Lateral 267, Main 5, Sanitary Sewer No. 22 (south of 13th, west of West Street) Project No. 468-82665 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. EXECUTIVE SESSION Motion -- Knight moved that the Council recess until 11:05 a.m. and then move into executive session at to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to legal advice; preliminary discussions relating to the acquisition of real property for public purposes; matters relating to employer-employee negotiations; and the regular meeting be resumed no sooner than 11:35 in the City Council Chambers. Motion -- carried carried 7 to 0. RECESS Council recessed at 10:55 a.m. and reconvened in regular session at 11:35 a.m. Mayor Knight Mayor Knight announced that no action was necessary as a result of the executive session. ADJOURNMENT The City Council meeting adjourned at 11:35 a.m. Pat Burnett City Clerk Workshop: Downtown Development Corporation - Update on DDC Activities. COUNCIL PROCEEDINGS JOURNAL 164 JULY 29, 1997 Page 1