MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, July 11, 1995 Tuesday, 9:05 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cather, Cole, Gale, Kamen, Rogers; present. *Council Member Ferris absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Patricia L. Burnett, Deputy City Clerk; present. The invocation was given by Reverend Mary Earley, First Christian Church. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. Minutes -- The minutes of the regular meeting of June June 27, 1995, were -- approved approved 6 to 0. (Ferris absent) AWARDS AND PRESENTATIONS CERTIFICATES Certificates in Public Management were presented. SERVICE CITATIONS Distinguished Service Citations were presented to those present. PROCLAMATIONS Previously approved Proclamations were presented. PUBLIC AGENDA VIOLENCE IN WICHITA. Sekou Kambui was not present. IMAGES YOUTH CRISIS PROGRAM/WHAT ITS DOING TO CURB GANG VIOLENCE. Chester Irving Chester Irving said the Program deals with at risk and high risk youth by setting positive role models and talking one-on-one with the youth. Youth involved in the program are from all areas of the City. The program is in need of volunteers. There is also a summer job program which, this year, has provided jobs for 15 youth. Persons interested in volunteering can contact the committee at 303 North Hillside. Mayor Knight Mayor Knight asked the City Manager to give thought to what has been said and that attention be given to trying to integrate the program with other city programs. Council Member Cole Council Member Cole expressed the desire to talk to Mr. Irving personally. HOW GRASS ROOT ORGANIZATIONS THAT DO HANDS ON WORK WITH OUR YOUTH OF WICHITA ARE NOT RECEIVING CITY GRANTS TO HELP US CONTINUE. Greg Glymph Greg Glymph said the Images Youth Crisis Program has applied for grant funds from the City to use to deal with issues of at risk and high risk youth. For unknown reasons, the Program has not been chosen for grants but has been allowed to be implemented with another group and received $3,000 over a 15 month period. The Images Youth Crisis Program would like to receive funding from the City. LEASH LAW FOR CATS. Matthew Vukovich Matthew Vukovich stated that the City should have a leash law for cats. Cats carry parasites and must be cleaned-up after using children's sand boxes and other public areas. A leash law should be adopted to help control cats. Council Member Kamen Council Member Kamen recommended that Mr. Vukovich talk to Dr. Tosh, member of the Health Board. SOLID WASTE MANAGEMENT. Ben T. Huie Ben T. Huie spoke regarding the need to decrease the waste stream. There is a need to actively encourage programs for recycling and composting. Recycling programs should be mandatory. There should also be a ban on yard waste at the landfill. Recycling programs do cost but there are also costs of not recycling. The time has come to act decisively to promote recycling, composting, and other means to reduce the solid waste flow. UNFINISHED BUSINESS STORMWATER UTILITY FEES STORMWATER UTILITY FEES. Continued from June 13, 1995, for additional information. Chris Cherches City Manager reviewed the Item. The Six CPO Neighborhood Council representatives heard from Staff regarding possible impacts and costs of the proposed storm water utility rate reductions. Five of the six CPO Council recommended no changes in the current policy. From discussions, the majority of the CPO members of the neighborhood councils support the existing Storm Water Utility. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Ron Smith Ron Smith, Executive Director of the Wichita Independent Business Association (WIBA), said businesses feel the additional fees for businesses are unfair, an additional tax, and a deterrent to development in Wichita. The concept is good but flawed. Mr. Smith urged a phase-out of the Storm Water Utility fees and adoption of a city-wide tax. Council Member Ferris left the Bench. Ray Hinderliter Ray Hinderliter spoke in favor of reducing flooding on the street but said the adopted method is not a fair and equitable way to approach the problem. Mr. Hinderleiter said businesses and residences which have property that slopes away from the streets should not pay the Storm Water Utility fee as they do not contribute to the drainage problem. Mr. Hinderliter asked that the Council consider cutting the fees and finding a more fair and equitable method of taxation. Council Member Ferris present. Keith Sanborn Keith Sanborn, Dry Creek Association, stated that the Dry Creek drainage problem was created by the City and the City should deal with the Dry Creek problem. It now takes less rain to make Dry Creek flood and the City has a duty to alleviate the problem. Becky Wang Becky Wang, Builder's Inc., said the rate for multi-family units is not equitable and does not relate to the amount of run-off created by the units. John Hull John Hull, Vice-Chairman of the Wichita Area Chamber of Commerce reviewed the following areas of concern from Chamber members: 1. Businesses did not understand the fees. 2. It is viewed as double taxation because property taxes were paid (and used to build storm sewers) prior to "this ordinance." 3. Businesses indicated the hope that any future fees affecting businesses would be more thoroughly studied and discussed before being enacted. 4. Current storm water fee has had a negative impact on business growth and development within Wichita. Karl Peterjohn Karl Peterjohn said a report by staff had incorrectly stated that Mr. Peterjohn had sued the City when, in fact, after Mr. Peterjohn had been involved in circulating a petition which would have had the effect of filing a public referendum vote on the Storm Water Utility, he had been sued by the City. Bill Woodard Bill Woodard said he had intended to purchase a home in the Dry Creek area but had decided against doing so because of the erosion of Dry Creek. Jerry Boyd Jerry Boyd, Dry Creek area resident, said Dry Creek cannot handle any additional water. Dr. J. Pennington Dr. J. Pennington, Dry Creek area resident, said she has had to raise her foot bridge twice because of additional amounts of water carried by the Creek. Tony Cantonese Tony Cantonese said that when the ERUs were approved, multi-family dwellings were to be assessed on a per door basis with a not to exceed ERU basis. Actual practice is to assess an amount almost double the ERU amount that would have been assessed. Clark Lindstrom Clark Lindstrom said the multi-family assessment is above what was originally approved. The impact on multi-family operations has been a 10 to 15 percent vacancy factor because the increased fees must be passed on to renters. Mr. Lindstrom recommended elimination of the fee or a lowering on all the assessed amounts. Mr. Lindstrom said the average cost per unit increase due to the Storm Water Utility Fee is about $20.00 per unit/per year. Hardy Daniel Hardy Daniel, resident on Dry Creek said the City should consider helping property owners with flood problems on Dry Creek. Steve Lackey Director of Public Works, responding to a question, said HNTB (consultant for the Kellogg expansion project from Roosevelt to Edgemoor) presented drainage alternatives associated with the Kellogg expansion project. One of the design alternatives was to develop a gravity flow system that intercepted the water on the freeway project and directed the water back to the canal at I-135. That project would have cost $18 to $20 million dollars. The other alternative presented was to intercept the water at the sumps at Oliver, Edgemoor, and on out on East Kellogg and pump water into the Dry Creek and Gyp Creek drainage basins. Associated with these systems were detention facilities that were built with the highway project to slow down the flow and let out the water at a much slower pace. The benefit cost ratio associated with that design was much more economical than the gravity flow system and the Council directed staff and the consultants to complete the design on the pump station option and not to do the gravity flow system. Part of the decision was based on the fact that there were other studies and projects that would be developed on Dry Creek and Gyp Creek in the future that was part of the Storm Water Utility. Some property has been purchased on Dry Creek and is one of the alternatives that would be explored with the Dry Creek project. It is far cheaper to remove properties and create open space rather than build structures and bigger channel systems. Detention systems are being built such that no more water is being released after the developed state than the pre-developed state. Large detention systems are being constructed underneath the roadways to slow the waters. Regarding the increase in water flow in Dry Creek, the Director of Public Works said the problem is due to gradual urbanization upstream between Kellogg and where the people live. Over a period of time there has been more flooding and more erosion. These issues would be dealt with in the proposed Dry Creek study. Council Member Ferris Council Member Ferris said hot spots were not a part of the original study and should not be included in the items for which the Storm Water Utility Fee is to be used. It was not originally meant to be that franchise fees would be paid by the Utility to the general fund. Delinquent special assessments should not be paid for from a system that is supposed to be strictly on fees for runoff. The Storm Water Utility should not pay one penny more than the costs the Storm Water Utility generates for the Water Department. A pro-rata share of the postage cost should not be paid because the Water Utility will incur that cost anyway. After the Storm Water Utility has been in operation for four to five years, an evaluation should be made of the capital improvement program portion of the Utility. It was always understood the Utility would be used to meet capital needs and it should continue to do so. The future capital improvement portion of the Storm Water Fee should be removed from the base fee and set up to be evaluated on an annual basis when the capital improvement program is done. There would be a base fee to cover maintenance, operations, and those kinds of things and there would also be a capital portion which would be evaluated on the current need on an annual basis when the capital improvement program is done. Mayor Knight momentarily absent with Vice Mayor Kamen in the Chair. Council Member Rogers Council Member Rogers said the CPO groups voted to not tamper with the Storm Water Utility fees. A reduction of fees would wipe out Capital Improvement Program projects. Motion -- Kamen moved that the 5 percent franchise fee charged to the Storm Water Utility by the City be eliminated and the Storm Water revenues that were used to pay the franchise fee be subtracted from the program. (Reduce the program by 5 percent by eliminating the franchise fee which is paid back to the City). Motion carried -- carried 7 to 0. Steve Lackey Director of Public Works said elimination of the franchise fee would be an approximate reduction of $.08. Motion -- Kamen moved that an adjustment be made in the storm water budget of 3 percent (the amount given to the Water Department for management expenses) and this amount be used to reduce the program of the Storm Water Utility. "In other words, we will reduce the program by 3 percent by eliminating 3 percent of the 5.4 percent given to the Water Department at the present time." Council Member Ferris Council Member Ferris stated that the City is not allowed through bond covenants to absorb ANY costs in the Water Utility that cannot be directly attributable to the Water Utility. Substitute motion -- Ferris moved that the Storm Water Utility Fee be reduced by an unspecified amount today - so that the Storm Water Utility would only be responsible for the actual documented costs incurred by the Water Department as a result of the implementation of the Storm Water Utility, and that there would be no pro rata sharing of any costs based on mailings, administration, or otherwise that cannot be proven and documented as actual costs; and that staff return to the Council in two weeks with that reduction and the itemized list of what those costs were for -- carried evaluation. Substitute motion carried 7 to 0. Council Member Kamen Council Member Kamen said he would make the following motion since the funding for the Storm Water Utility is based on impervious surfaces and since 27 percent of all impervious surfaces in the City are City streets. Motion -- Kamen moved that 27 percent of the funding for the Storm Water Utility be funded city at-large and that the $525,000 not funded by the General Fund for maintenance be absorbed into the 27 percent. Council Member Kamen Council Member Kamen said 27 percent of the surface in Wichita is impervious surface (streets and roads). The 27 percent that is street surface should be paid city at- large. The 27 percent would be calculated, the $525,000 would be subtracted, and the balance would reduce the amount of the Storm Water Utility fee. Steve Lackey Director of Public Works stated that, counting the $525,000 contributed by the General Fund annually, the total revenue for Utility is approximately $6 million. The fees generated from the Utility are about $5.5 million plus $525,000 for an approximate $6 million. The $525,000 represents about 8 percent of the total revenues. The remaining 19 or 20 percent would equate to a little over $1 million the general fund would have to pick up. Steve Lackey Director of Public Works said a 35 percent total reduction in the Storm Water Utility fee would equate to an approximate 50 to 60 cent reduction. Council Member Cole Council Member Cole said she could not support the motion as an additional $1 million would have to be funded from the general fund. -- carried Motion carried 4 to 3. Cather, Cole, Rogers - No. DRAINAGE IMPROVEMENTS DRAINAGE IMPROVEMENT PROJECTS: Continued from June 13, 1995, pending a decision on the Stormwater Utility fees. Council Member Kamen momentarily absent. Steve Lackey Director of Public Works reviewed the Item. The projects will be fully funded from the Storm Water Utility. Mayor Knight Mayor Knight inquired if anyone wished to be heard. (a) Gypsum Creek Improvement, West of Hillside. Council Member Kamen momentarily absent. Motion -- Ferris moved that the project be approved and the Ordinance be placed on first -- carried reading. Motion carried 7 to 0. ORDINANCE An Ordinance declaring it necessary to authorize 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, introduced and under the rules laid over. (b) Dry Creek Drainage Basin Improvements. Keith Sanborn Keith Sanborn said the City had created the problem and should alleviate the problem. A reversal is needed of damage being done by programs initiated by the City Council. Dana Boyd Dana Boyd said her home is along Dry Creek and she would appreciate respect for her home and to be part of the decision process. Motion -- Ferris moved that the project be approved, the Contract be approved and the Mayor be authorized to sign; and the Ordinance be placed on first reading. Motion -- carried carried 7 to 0. ORDINANCE 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, introduced and under the rules laid over. (c) South Meridian Drainage Improvements. Motion -- Ferris moved that the project be approved, the Contract be approved and the Mayor be authorized to sign; and the Ordinance be placed on first reading. Motion -- carried carried 7 to 0. ORDINANCE 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, introduced and under the rules laid over. CONDEMNATIONS CONDEMNATION HEARINGS. Kurt Schroeder Superintendent of Central Inspection reviewed the Item. Agenda Report No. 95-408 A. On May 16, 1995, a report was submitted with respect to the dangerous and unsafe conditions of the buildings located on twelve (12) properties. The Council adopted resolutions providing for public hearings to be held on each of these condemnation actions at 11:00 a.m. on July 11, 1995. As of this date, one (1) structure has been repaired. The remaining eleven (11) are as follows. On May 1, 1995 the Board of Code Standards and Appeals (BCSA) held a hearing on the following properties: Property Address District Property Address District (1) 255 N. Grove 1 (7) 1923 N. Chautauqua1 (2) 1133 N. Green 1 (8) 2820 West Maxwell4 (3) 1311 N. Estelle 1 (9) 1013-15 N. Madison1 (4) 1303 N. Lorraine 1 (10) 1021 N. Madison1 (5) 1758 N. Kansas 1 (11) 939 N. Wabash1 (6) 1727 N. Spruce 1 Pursuant to State Statute the Resolutions were duly published twice, on May 17, 1995 and May 24, 1995. A copy of each resolution was sent by certified mail or given personal service delivery to the owners and lien holders of record of each described property. The Superintendent of Central Inspection stated that structures on Items 4 and 11 had been repaired and could be removed from the condemnation process. Motion -- Kamen moved that Items 4 and 11 be removed from the condemnation process. Motion -- carried carried 7 to 0. Mayor Knight Mayor Knight inquired if anyone wished to be heard and persons were present on Items 2, 9, and 10. Council Member Cather left the Bench. Motion -- Knight moved that on Items 1, 3, 5, 6, 7, and 8, the public hearing be closed, the resolutions declaring the buildings dangerous and unsafe structures be adopted, and the BCSA recommended time frame to alleviate the code violations be approved. Any extensions of time granted to repair the structures would be conditioned on the following: (1) All taxes have been paid to date, as of July 11, 1995; (2) the structure(s) has/have been secured as of July 11, 1995; and will continue to be kept secured, and (3) the premises are mowed and free of debris as of July 11, 1995 and will be so maintained during renovation. If any of the above conditions are not met, the Office of Central Inspection will proceed with demolition action and also instruct the City Clerk to have the resolutions published once in the official city paper and advise the owners of -- carried these findings. Motion carried 6 to 0. (Cather absent) RESOLUTION NO. R-95-283 A Resolution finding that the structure located on Lot 2, Grove Street, in Park Place Addition to Wichita, Sedgwick County, Kansas, commonly known as 255 North Grove, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-95-284 A Resolution finding that the structure located on Lots 37 and 39, on Mabel Avenue, now Estelle Avenue, in Fairmount Park Addition to Wichita, Sedgwick County, Kansas, commonly known as 1311 North Estelle, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-95-285 A Resolution finding that the structure located on Lot 8 and the north 12.5 feet of Lot 10, Block 3, Kansas Addition to Wichita, Sedgwick County, Kansas, commonly known as 1758 North Kansas, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-95-286 A Resolution finding that the structure located on the south 15 feet of Lot 23, all of Lot 25, Spruce Street, Logan Addition to Wichita, Sedgwick County, Kansas, commonly known as 1727 North Spruce, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-95-287 A Resolution finding that the structure located on Lots 30 and 32, Block 2, in College Terrace Addition to Wichita, Sedgwick County, Kansas, commonly known as 1923 North Chautauqua, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-95-288 A Resolution finding that the structure located on Lots 48, 50, 52, 54, and 56, Block 7, Orienta Park Second Addition to Wichita, Sedgwick County, Kansas, commonly known as 2820 West Maxwell, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. Council Member Cather present. (2) 1133 North Green. Kurt Schroeder Superintendent of Central Inspection reviewed the Item and stated that the recommendation was to have the taxes paid within two weeks and allow 60 days to complete exterior repairs. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Wesley Jones Wesley Jones, brother of the Owner, said his sister had an arrangement with Sedgwick County to pay the taxes by the end of the year. Mr. Jones also said he had not received notices about the property. The Superintendent of Central Inspection explained that (along with written notification) notices had been posted to the structure. It was also explained to Mr. Jones that the payment of taxes arrangement was not satisfactory because of the way delinquent taxes can be paid and allowed to be stretched out over years. Kurt Schroeder Acting Superintendent of Central Inspection reviewed the Item. Mayor Knight Mayor Knight announced that the public hearing was open and interested persons would be heard at this time. Motion -- Ferris moved that the public hearing be closed, the resolution declaring the building(s) dangerous and unsafe structures be adopted, the recommended time frame of two weeks to pay the taxes and 60 days to complete exterior repairs to alleviate the findings be approved and any extensions of time granted to repair the structures would be conditioned on the following: (1) any back taxes now due are to be paid and taxes kept current, (2) the structures are to be kept secured, and (3) the premises are to be kept mowed and free of debris; if any of these conditions are not met, staff is directed to proceed to let for bids to demolish the structure; and the City Clerk be instructed to have the Resolution published once in the official city paper and advise the owners of these findings. Motion -- carried Motion carried 7 to 0. RESOLUTION NO. R-95-305 A Resolution finding that the structure located on Lot 26 and the south 25 feet of Lot 28, Block 5, Esterbrook Park Addition to Wichita, Sedgwick County, Kansas, commonly known as 1133 North Green, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Ferris moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. (9 and 10) 1013-15 and 1021 North Madison. Kurt Schroeder Superintendent of Central Inspection reviewed the Item. The owner agreed to 60 days to complete repairs. Motion -- Ferris moved that the public hearing be closed, the resolution declaring the building(s) dangerous and unsafe structures be adopted, the staff recommended time frame of 60 days to alleviate the findings be approved and any extensions of time granted to repair the structures would be conditioned on the following: (1) any back taxes now due are to be paid and taxes kept current, (2) the structures are to be kept secured, and (3) the premises are to be kept mowed and free of debris; if any of these conditions are not met, staff is directed to proceed to let for bids to demolish the structure; and the City Clerk be instructed to have the Resolution published once in the official city paper and advise the owners of -- carried these findings. Motion carried 7 to 0. RESOLUTION NO. R-95-289 A Resolution finding that the structure located on the south 6.1 feet of Lot 31, and all of Lots 33 and 35, on Breckenridge, now Madison Avenue, in Solomon's Second Addition to Wichita, Sedgwick County, Kansas, commonly known as 1013-15 North Madison, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Ferris moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-95-290 A Resolution finding that the structure located on the south 12.2 feet of Lot 27, all of Lot 29, and the north 18.35 feet of Lot 31, on Breckenridge, now Madison Avenue, in Solomon's Second Addition to Wichita, Sedgwick County, Kansas, commonly known as 1021 North Madison, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Ferris moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. IRB - RAND GRAPHICS REQUEST FOR LETTER OF INTENT FOR INDUSTRIAL REVENUE BONDS - RAND GRAPHICS, INC. Continued from June 20, 1995. Agenda Report No. 95-506 A. Rand Graphics, Inc. ("Rand") is requesting the issuance of a Letter of Intent for Industrial Revenue Bonds in an amount not to exceed $5,000,000 for a five-year period. The bond proceeds will be used to construct and equip an expansion to Rand's screen printing facility, located at 2820 South Hoover, and to purchase additional screen printing equipment. Rand is also requesting that the City grant an ad valorem tax abatement on the IRB-financed property, for a 10-year period. In 1987, Rand was issued $2,000,000, Series XII- 1987 Industrial Revenue Bonds, to finance the purchase of printing equipment for their facility at 500 South Florence. This bond issue is in good standing and not in default. Rand is a graphics arts and commercial print and screen products manufacturing company. Rand offers full creation and production and fulfillment services to its customers as well as complete finishing operations. Much of Rand's recent growth has come from its screen printing division. Among other items, Rand manufactures large and small banners and life size point of sale displays. Customers include Chevron, Hallmark, Inc., Chrysler Corporation, Apple Computer and RJR/Nabisco. Rand exports over 60% of its products outside the State of Kansas, including over 95% of its screen printing products. Rand has a current approved EEO/AA Plan on file with the City's Human Resources Department. The cost/benefit analysis based on the fiscal and economic impact model of the University of Kansas Institute for Public Policy and Business Research will be provided to the City Council upon its receipt. Proceeds from the requested bonds will be used to construct a 22,000 s.f. building addition to Rand's Hoover Street facility and to purchase additional equipment to meet their capacity needs. The project will be phased over a five- year period as follows: USES OF FUNDS Phase I (Mid 1995 to Mid 1997): * Expansion of Hoover Street Facility. $ 700,000 * Purchase of Printing Equipment. 2,400,000 Total Phase I: $3,100,000 Phase II (Mid 1997 to end of 1999): * Purchase of Additional Equipment. $1,700,000 Total Phase II: $1,700,000 Total of Phase I and II: $4,800,000 Cost of Issuance: 200,000 Total Project Cost: $5,000,000 The bonds will be privately placed. The firm of Hinkle, Eberhart and Elkouri, L.L.C. will serve as bond counsel in the transaction. Rand Graphics, Inc. currently employs 120 people at its Wichita facilities. Current expansion plans for Rand, forecasts an increase in employment at the screen printing facility of approximately 37 people over the next five years. If these projections are met, over $681,500 in new personal annual income will be added to the Wichita economy through wages paid to Rand's expanded work force. The City has received the results of the cost- benefit analysis performed on the proposed expansion by the University of Kansas Institute for Public Policy and Business Research. Based on a 10-year 100% tax abatement, the study shows a ratio of benefits to costs of 1.25 to one. Rand Graphics, Inc. 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. Rand is requesting a 100% tax abatement of ad valorem property taxes on the project for a 10-year period in accordance with City Policy. Under City's Business Incentive Policy, Rand qualifies for an 97.5% tax abatement. During the 10-year period of the requested property tax abatement, Rand will continue to pay taxes on the current facility. The real and personal property taxes paid by Rand in 1994 was $162,314. If the project were to be completed in one year, estimated first year taxes abated on the proposed project would be $119,478, of which $32,964 would be the City portion, $31,196 the County/State portion, and $55,318 the U.S.D. 259 portion, based on the 1994 mill levy of 113.42 mills. Since the project will be phased in over five years, the actual amount of annual abatement will be less than that, given the rapid depreciation of equipment. Council Member Ferris Council Member Ferris said the Council had granted a Rand Graphics competitor a 100 percent tax abatement and the same should be granted to Rand Graphics. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that issuance and Mayor's signature of a Letter of Intent to Rand Graphics, Inc. for Industrial Revenue Bonds in an amount not to exceed $5.0 million be approved; and a 100 percent tax abatement be granted for 10 years subject to the following conditions: 1. Negotiation of a Lease Agreement and Bond Ordinance. 2. Arrangements have been made for the sale/placement of the bonds. 3. Guarantees for the payment of the bonds are in place. 4. Agreement to pay the City administrative fees of $2,500 per year for as long as the bonds are outstanding. 5. Agreement to pay all costs incurred by the City for processing the bonds/application. 6. An approved Equal Employment Opportunity/Affirmative Action Plan is on file with the City prior to issuance of the bonds. 7. An approved Water Conservation Plan is on file with the City prior to issuance of the bonds. 8. Agreement to submit building and site plans to CART (City manager's Aesthetic Review Team) for review and to modify the proposed design to comply with any reasonable CART conditions or recommendations. 9. Agreement to provide the City, prior to submitting the proposed Lease Agreement, an Environmental Site Assessment (ESA) that documents the environmental conditions of the property, and an agreement that the ESA will be conducted by and independent consultant who is a recognized expert in the area. Industrial Revenue Bonds will not be issued if the ESA discloses environmental conditions that might have implications for bond purchasers under the liability provisions of the Superfund Amendments and Reauthorization Act (SARA). 10. Agreement that if the bonds are to be offered for sale to the public, the applicant will not, during the period of time the bonds are outstanding, have a commercial banking relationship with the trustee of the bonds to be issued unless the original purchaser of the bonds acknowledges in writing the existence of the relationship and waives any conflict that might exist as a result of the relationship. 11. Applicant is required to furnish copies of its annual audits to the City. 12. Cooperation with any annual compliance audit procedure the City may adopt to monitor compliance with conditions, including any annual reports required of the applicant and any inspections of the applicant's premises or interviews with the applicant's staff. 13. Commitment to achieve and maintain its proposed employment goals, and to meet its Equal Employment Opportunity/Affirmative Action goals, during the term of the tax abatement. If the applicant fails to demonstrate a good-faith effort to achieve these goals, the City may revoke the tax abatement by either imposing payments-in-lieu-of-taxes or by declining to make the annual exemption filing with the Board of Tax Appeals. All repayments of in-lieu taxes shall be redistributed to the other taxing authorities in accordance with the law. 14. Applicant is encouraged to utilize Minority- owned Business Enterprises (MBE) and Women-owned Business Enterprises (WBE) as contractors, subcontractors, engineers, architects, suppliers and vendors whenever possible. -- carried Motion carried 7 to 0. CONDEMNATION REVIEW CONDEMNATION REVIEW: 1555 NORTH GREEN. Council Member Ferris left the Bench. Kurt Schroeder Superintendent of Central Inspection reviewed the Item. Agenda Report no. 95-063 D. Staff contacted Ms. Junious on June 9, 1995, and again on July 5, 1995. Ms. Junious indicated that the required appraisal had yet to be returned and that a court decision allowing her to sell the property was still pending. Ms. Junious did indicate that one firm offer had been received and that an additional seven potential buyers had indicated an interest in the property. Bid specifications have been prepared but the bid to demolish has not yet been awarded. Staff inspected the Structure on July 5, 1995, and found the structure secured, the grass mowed, and the premises in fair condition. There were some limbs and brush piled up near the garage in the rear. The taxes are current. The owner and guardian have been notified of the date and time of the hearing. Ms. Junious Ms. Junious said she agreed with the recommendation of Staff. Motion -- Knight moved that a final 30 days to sell the property and an additional 30 days -- carried for the new owner to make exterior repairs be granted. Motion carried 6 to 0. (Ferris absent) IRB - VYNE CORP. PUBLIC HEARING AND ISSUANCE OF INDUSTRIAL REVENUE BONDS - THE VYNE CORPORATION. Continued from June 20, 1995. Chris Cherches City Manager reviewed the Item. Agenda Report No. 94-522 B. On July 12, 1994, the City Council approved the issuance of a Letter of Intent for Industrial Revenue Bonds, in an amount not-to-exceed $2.0 million, for a six-month period to The Vyne Corporation for the construction of a new assisted living facility to be located in West Wichita at Maple and 119th Street West. No property tax abatement was requested. The Vyne Corporation applied for and received Council approval for a zoning change to permit construction of the project at the proposed site. However, a lawsuit was filed against the City contesting the zoning change, which caused a delay in commencement of the project. Consequently, the The Vyne Corporation requested and received a six-month extension of the Letter of Intent, until July 12, 1995. The Vyne Corporation was formed to address an emerging market niche with the elder care industry. The proposed assisted living facility will meet the demand for reasonably large, private room accommodations that are residential-like in style, as well as provide additional common areas in which families can have a sense of privacy. The assisted living facility will consist of forty-four (44) large one bedroom apartments, approximately 400- 600 sq. ft. in size with a complete service and support program to accommodate those residents who require assistance, but not full nursing care. Persons in the assisted living facility will have access to the level of care specifically required. The program and facility together are designed to serve those who require some assistance, but seek privacy, comfort and security in an up-scale living environment. Proceeds from the sale of the $1.8 million of Industrial Revenue Bonds will be used, together with $800,000 in corporate funds, to acquire the site and to construct, furnish and equip the assisted living facility. The Vyne Corporation expects the facility to be open in the Spring of 1996 and to employ 15-20 people by the end of the first full operating year. The bonds will be underwritten and publicly offered to investors by O.F.G. Financial Services, Inc. and Ranson Capital Corporation. The Company has agreed to provide the City with an approved Equal Employment Opportunity/Affirmative Action Plan and an approved Water Conservation Plan prior to the closing of the bond issue. The Vyne Corporation agrees to pay all costs of issuing the bonds, and agrees to pay the City's annual administrative fee for the term of the bonds. No tax abatement will be granted by virtue of the bond issue. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the Public Hearing be closed; Documents including: Bond Ordinance; Trust Indenture; Lease; Guaranty Agreement be approved and the Mayor to sign; the Bond Ordinance be placed on first reading; and the Letter of Intent -- carried be extended for 30 days to August 11, 1995. Motion carried 6 to 0. (Ferris absent) ORDINANCE 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, introduced and under the rules laid over. NEW BUSINESS Council Member Ferris present. ADDENDUM ITEM GREAT PLAINS VENTURES APPEAL OF BOARD OF CODE STANDARDS AND APPEALS DECISION - GREAT PLAINS VENTURES, INC., WAREHOUSE FACILITY. Motion -- carried Knight moved that this Item be deferred one week. Motion carried 7 to 0. IRB - PRESBYTERIAN PUBLIC HEARING AND ISSUANCE OF HEALTH CARE FACILITIES REFUNDING REVENUE BONDS - MANORS, INC. PRESBYTERIAN MANORS, INC. (District II) Chris Cherches City Manager reviewed the Item. Agenda Report No. 95-540. On October 23, 1990, the Council approved a Letter of Intent for Industrial Revenue Bonds (IRBs), in an amount not to exceed $47.5 million, issued to Presbyterian Manors, Inc., a Kansas not-for-profit corporation with its headquarters located in Wichita. The City agreed to serve as host issuer for the purpose of refinancing and restructuring the bonded indebtedness of Presbyterian Manors' facilities located throughout Kansas. Since then, bonds have been issued in the aggregate amount of approximately $35 million and the proceeds used to refinance and consolidate the outstanding bonded indebtedness of four Presbyterian Manors facilities located in Emporia, Hutchinson, Newton, Salina, Lawrence, Arkansas City, Kansas City and Dodge City, and to finance a new facility in Ft. Scott. Presbyterian Manors, Inc. has requested the issuance of not-to-exceed $8.0 million in IRBs to finance the costs of refunding City of Topeka, Kansas Industrial Revenue Bonds, Series 1988 (Topeka Presbyterian Manor, Inc.), to fund a bond reserve and to pay certain costs of issuance associated with the issuance of the Bonds. The bonds are being underwritten by Ranson Capital Corporation and Ziegler Securities, a division of B. C. Ziegler and Company. The law firm of Hinkle, Eberhart & Elkouri, L.L.C. is serving as bond counsel. Presbyterian Manors has an approved Equal Employment Opportunity/Affirmative Action Plan on file with the City's Human Services Department. The City's Finance Department periodically inspects all Presbyterian Manor facilities throughout the state that have been financed by City IRBs. Presbyterian Manors, Inc. agrees to pay all of the City's costs of issuing the bonds and agrees to pay the City's IRB administrative fee for the term of the bonds. Presbyterian Manors is a not-for-profit corporation which is exempt from ad valorem taxation and will not be requesting a tax abatement as a result of this bond issue. In order for the City of Wichita to issue bonds for a project located in Topeka, both Cities must enter into an interlocal cooperation agreement, as has been done for all previous Presbyterian Manors IRBs in which the City of Wichita has acted as the host issuer. The City of Wichita approved the interlocal agreement with Topeka in 1994. The City of Topeka is scheduled to approve the agreement prior to the bond closing. Chris Cherches City Manager advised that the amount is not to exceed $8.5 million. In addition to today's public hearing, the City will also provide notice and authorize a public hearing be held by the governing body of the City of Topeka, Kansas, in connection with this approval and issuance of the refunding bonds. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Kamen moved that the Public Hearing be closed; the documents authorizing the issuance of Health Care Facilities Refunding Revenue Bonds in an amount not to exceed $8,500,000 be approved; notice of and a public hearing to be held in Topeka, Kansas, be authorized; and the Bond Ordinance be placed on first reading. -- carried Motion carried 7 to 0. ORDINANCE 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.), extendable 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 extendable 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, introduced and under the rules laid over. RECESS The City Council recessed at 12:07 p.m. and reconvened at 1:34 p.m. Council Members Cather, Kamen; absent. DEPRIVING OF PROPERTY ORDINANCE PERTAINING TO DEPRIVING ANOTHER OF PROPERTY. Gary Rebenstorf Director of Law reviewed the Item. Agenda Report No. 95-541. The 1995 Kansas legislature passed House Bill #2223 which amended the state statute defining the crime of criminal deprivation of property. Section 5.42.080 of the City Code mirrors this statute and therefore, the proposed amendment is presented to the Council to reflect the changes made by the legislature and to bring the City's ordinance in conformity with state law. The ordinance also proposes the creation of a new Code Section, 5.42.015, which would provide a legal presumption of what constitutes prima facie evidence of a person's intent to permanently deprive another of property. Prior to this amendment, criminal deprivation of a motor vehicle, or "joyriding" as it is commonly referred to, was a misdemeanor under state law. Because the City of Wichita presently has an ordinance which mirrors the state statute, joyriding offenses occurring within the City have been filed in municipal court. In its last session, however, the state legislature declared that joyriding is now a felony, while criminal deprivation of all other types of property remains a misdemeanor. As a result, the City of Wichita no longer has jurisdiction to prosecute joyriding offenses in municipal court. Therefore, the proposed amendment makes the ordinance applicable only to property other than a motor vehicle, as that term is defined by state law. The proposed ordinance also changes the descriptive name of the crime from temporary deprivation of property to criminal deprivation of property, to better conform with state law. Finally, the penalty for the crime of misdemeanor criminal deprivation of property is amended, as the City cannot have a more lenient penalty than that imposed by state law. The proposed ordinance also creates new Code Section 5.42.015, which defines what the court may consider in determining a person's intent to permanently deprive another of property, when such intent is an element of any crime set forth in Title 5 of the City Code. This proposed ordinance section is a part of state law and is helpful to prosecutors in arguing to the court that a person had the requisite intent required by law for there to be a criminal act. The City had not adopted this language as part of its Code when first passed by the state, however, its inclusion in Title 5 would be of help to the prosecution of theft and fraud offenses. Council Members Cather, Kamen; present. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that the Ordinance be placed on first reading. Motion carried -- carried 7 to 0. ORDINANCE 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, introduced and under the rules laid over. GIVING WORTHLESS CHECK ORDINANCE PERTAINING TO GIVING A WORTHLESS CHECK. Gary Rebenstorf Director of Law reviewed the Item. Agenda Report No. 95-542. The 1995 Kansas legislature passed House Bill #2299 which amended the state statute defining the crime of giving a worthless check. Section 5.42.020 of the City Code mirrors this statute and therefore, the proposed amendment is presented to the Council to reflect the changes made by the legislature and to bring the City's ordinance in conformity with state law. The ordinance also creates a new crime, causing an unlawful prosecution for worthless check. This crime is already a part of the state criminal statutes, and is a misdemeanor, so the City would have jurisdiction to prosecute violations of this ordinance in municipal court. Prior to the passage of House Bill #2299, under state law, it was a defense to the crime of giving a worthless check if the maker post-dated a check or informed the payee upon the payee's acceptance of a check that the maker would not have sufficient funds in the maker's account to cover the check until a certain date. The amendment declares that such action is no longer a defense to the crime of giving a worthless check except when a post-dated check is presented for payment prior to the postdated date, or a payee presents a check prior to the date the payee was informed by the maker that funds would be available to cover the check. By adopting the amendment, the police would be able to pursue charges in cases which were not covered by the old statute because a check had been post-dated, or a payee had accepted a check and agreed to wait a certain amount of time for funds to be available to cover it. Because such conduct was a defense for the maker of the check, if the funds never became available to cover the check, the payee had no recourse. The amendment also provides that it is a crime for the maker of a check to post-date the check without the payee's knowledge and consent. The crime of causing an unlawful prosecution for worthless check provides a means to prosecute a person who agrees to accept a post-dated check, or to wait until a certain date to present a check for payment, then presents the check for payment prior to the postdated date or the agreed upon date and then tries to prosecute the maker when the check bounces for insufficient funds. This type of activity creates extra work for police detectives, besides subjecting the maker of the check to prosecution when no crime has been committed. Creating a means for prosecution of such activity should have a deterrent effect. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that the Ordinance be placed on first reading. Motion carried -- carried 7 to 0. ORDINANCE 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, introduced and under the rules laid over. (This Item was deferred to the end of the meeting; action is shown in Agenda (Item No. 15) order.) MUNICIPAL COURT MUNICIPAL COURT NOMINATING COMMISSION REPORT. Agenda Report No. 95-543. On April 4, 1995, the City Council approved a Charter Ordinance to establish a Neighborhood Municipal Court with a Judge and appropriate staff. Subsequently, the City Council appointed five members to a Municipal Court Nominating Commission as provided for in Charter Ordinance No. 142. Charter Ordinance No. 142 provides that two of the members be non-lawyers and three members be nominated by the Wichita Bar Association for appointment by the City Council. Charter Ordinance No. 142 also provides that the Municipal Court Nominating Commission nominate at least three nominees for the position of Neighborhood Municipal Court Judge to the City Council. The Municipal Court Nominating Commission reviewed the appropriate City ordinances and documents, reviewed all Neighborhood Municipal Court Judge applications and interviewed all twenty one applicants for the position. A second round of interviews was held for the top eight candidates. On June 21, 1995, the Municipal Court Nominating Commission took action to nominate three candidates for the position of Neighborhood Municipal Court Judge for consideration by the City Council. The nominees are: Julie Wright Connolly Martha Hodges Richard Shull The Judge and appropriate staff for the Neighborhood Municipal Court are funded from the federal Comprehensive Communities Program grant. The grant term is May 1, 1995, through July 31, 1996. Charter Ordinance No. 142 requires the Council appoint one of the nominees submitted or reject all nominees and request the Commission appoint additional nominees. The Council proceeded with a written ballot and the first ballot selected Richard Shull. Motion -- Knight moved that Richard Shull be appointed as the Neighborhood Municipal Court -- carried Judge. Motion carried 6 to 1. Cole - No. S.A. HARDSHIP DEFERRALS REQUEST TO GRANT HARDSHIP DEFERRALS. Chris Cherches City Manager reviewed the Item. Agenda Report No. 95-544. There are four applications for hardship deferral. All meet the eligibility criteria except for signing the project petition. Statements of cost have been approved and bonds sell in July, 1995 for the financing of the following projects which were initiated by petition: Improving Everett (472 82352) 67% petition Net SA Bonds $63,910.47 Assessments levied under Ordinance No. 42-734 Improving Hazel (472 82309) 46% petition (area) 52% (ownership) Net SA Bonds $156,387.46 Assessments levied under Ordinance No. 42-727 Improving Kessler (472 81424) 100% petition Net SA Bonds $54,954.30 Assessments levied under Ordinance No 42-749 There have been four (4) applicants apply for the hardship deferral on these three projects. All meet the eligibility criteria except for signing the project petition. Guidelines for the hardship deferral are as follows: 1. Applicant must own property to be assessed or be purchasing under a valid land sales contract. 2. Applicant must reside in property to be assessed. 3. Applicant shall not be eligible if he/she signed, after July 29, 1983, the petition for public improvement for which the deferral of payment is requested. 4. Property for which a deferral is sought must be located within the limits of the City of Wichita and not exceeding two acres in size. 5. Family income shall not exceed the poverty income guideline of the United States Office of Management and Budget. Applicants requesting waiver for signing of petitions are: A 78 year old widow with a yearly income being $1,989 below the income guidelines (Everett) $2,354.72 ..... (472-82352); A 70 year old widow with a yearly income being $886 below the income guidelines (Everett) $2,591.72 ..... (472-82352); A 77 year old widow who is disabled with yearly income being $5,336.80 below the income guidelines (Hazel) $5,045.87 ..... (472-82309); and A family of five (5) with a yearly income being $6,282.80 below the income guidelines (Kessler) $3,898.62 ..... (472-81424). Chris Cherches City Manager said this matter has prompted a renewal of the efforts of staff to return to the Council with a re-evaluation of the deferral policy. The policy will be brought back to the Council on July 18th. Council Member Kamen Council Member Kamen stated that he is sympathetic to those needing the hardship deferral but, in this instance, those individuals involved probably were for the projects and probably help convince the Council to go ahead with the projects. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that the waivers and deferral of the assessments totaling -- carried $13,890.93 be approved. Motion carried 6 to 1. Kamen - No. INCARCERATION ALTS. COMMUNITY BASED ALTERNATIVES TO INCARCERATION. Chris Cherches City Manager reviewed the Item. Agenda Report No. 95-545. In April, 1993, the City of Wichita was notified by the U.S. Bureau of Justice Assistance that it was one of the sixteen communities selected to participate in a new, two- phased, competitive grant program entitled the Comprehensive Communities Program (CCP). Phase I of the program provided the City with a $50,000 planning grant to develop comprehensive crime control strategies which require law enforcement and other governmental agencies to work in partnership with the community to develop solutions to identified problems. Sixteen jurisdictions were selected to participate in the Phase I, planning phase. Communities were invited to submit a competitive Phase II funding application to implement planned strategies. On August 9, 1994, the City Council approved the submission of a Phase II grant application to the U.S. Bureau of Justice Assistance for $2.27 million dollars to implement crime control and community mobilization strategies developed during the Phase I planning process. On February 7, 1995, the Bureau of Justice Assistance approved a Phase II grant in the amount of $1,864,649. Sixteen communities were selected by the U.S. Bureau of Justice Assistance for Phase II grants. The City Council approved the grant award documents on February 28, 1995. The grant provides funding for community policing, community mobilization and prevention initiatives, comprehensive gang initiatives, community (neighborhood) prosecution, drug courts with deferred judgment to treatment and community-based alternatives to incarceration. The grant provides a total of $205,000 for a pilot program for Community Based Alternatives to Incarceration. The intent of the program is to provide for controlled, graduated release of appropriately screened City misdemeanor offenders from incarceration. Strong case management, mentoring support and a structured living environment are designed to assist the offender in reintegration into society. To implement the Community Based Alternatives to Incarceration component, a notice of Request for Proposals was published in local newspapers and transmitted to seven community agencies, including Municipal Court and Sedgwick County Department of Community Corrections. On June 16, 1995, the Selection and Screening Committee recommended Behavioral Consultants, Inc.'s proposal because it met all RFP requirements, provided for more frequent UA/drug tests, provided strong on-site oversight, provided for a longitudinal analysis to determine program success through WSU, and provided for a 50% client co-pay. Behavioral Consultants, Inc. will provide a comprehensive controlled release program for up to 450 City misdemeanor offenders (over fifteen months) which includes assessment, controlled release, daily on-site monitoring, case management and mentor support. Authority for controlled releases would rest with the Municipal Court who would make the final determination. Controlled releases would be limited to specific screening criteria and would not include violent and domestic violence offenders. Behavioral Consultants, Inc. would provide services in a structured and monitored setting at 702 East 21st Street. This facility was extensively remodeled in 1990 by VIP Services to accept State of Kansas offenders and meets American Correctional Standards. The facility is zoned heavy commercial and the current owners, March Oil Company, have agreed to lease the facility for this project. The facility has approximately 15,000 square feet and can accommodate 300 persons. Offenders in this program would be housed on the second floor. Out patient drug treatment services would be provided on the first floor. The total number of offenders at the facility would be approximately 50-100 persons dependent on the time of day and work shift. BCI will provide a minimum of 20 to 1 staff ratio with at least 3-4 staff present per eight hour shift, 24 hours per day. There is no linkage between this program and the program offered at group homes in the Midtown area. No local matching funds are required for the grant. Payment to Behavioral Consultants, Inc. would be on cost reimbursement basis in an amount not to exceed the grant amount budgeted for this purpose of $205,000. Clients will be asked to pay a portion of their controlled release costs on a sliding scale fee up to 50% of the total costs. The agreement will end July 31, 1996. Leo Casados Leo Casados, Program Director, said Behavioral Consultants is ready, willing, and able to do the project and will work with the Municipal Court. Motion -- Cather moved that award to Behavioral Consultants , Inc. be approved; and staff be authorized to negotiate a contract and the Mayor be authorized to execute the -- carried same. Motion carried 7 to 0. DEVELOPMENT SITE DEVELOPMENT SITE PREFERRED DEVELOPER. Chris Cherches City Manager reviewed the Item. Agenda Report No. 425 A. On May 23, 1995, the City Council authorized a Request for Proposals be distributed to select a preferred developer for the east parcel of the land (adjacent to the Ice Rink site). This development site is approximately 5 acres lying south-west of Maple and McLean. An open RFP, dated May 24, 1995, allowing developers to propose any type of development consistent with the City's downtown development goals, was sent to 81 firms including local architects, realtors, attorneys, and contractors, as well as out of town developers. Respondents could propose to lease or purchase the site from the City. One proposal was received from Mid-Land Residential Ventures, Inc. (MRV) on the submittal date of June 26, 1995. A staff selection committee met on that date and reviewed the proposal. The committee, after reviewing the proposal, recommended the City Council consider working with WI/SE on a planned market study for the East and West Bank areas to determine the feasibility of developing the area as an entertainment center or other commercial uses. Following the market study, the committee felt that a national search for a firm to develop the site should be undertaken. Contacts with multi-family developers were made last year in an effort to find development consistent with the City's Core Area objectives. One of the objectives was to encourage downtown residential living. Thus, proposals for multi-family development is consistent with the Core Area Plan. The intent would be to have an upscale development that would compliment and take advantage of the site and the river view. The committee felt the low-moderate income apartment project proposed by MRV was not of an "urban scale" nor had sufficient units for a downtown complex. It also felt the proposal should have a better relationship to the streets (instead of parking), that there will likely be noise problems from Lawrence-Dumont Stadium for a residential project of typical construction, and that the proposed land lease payments to the City were too low. Inherent in the committee's motion is the opinion that other uses would be more appropriate for the site. If the Council accepted the multi-family proposal from Residential Ventures, Inc., negotiation sessions could be held to work with the development in the enhancements of the number of units, design, layout, etc., to better accommodate the site and concerns of the Council. Results of these negotiations would be brought to the Council for formal actions to accept or reject. The proposal contemplates the filing for and utilization of Tax Credits. The deadline for submittal of such Credits (for 1995) is July 31, 1995. Therefore, action on this item by the Council is important. The developer has stated a requirement for a loan from the HOME Program Fund in the amount of $145,381. Human Services advises that the HOME funds have all been committed for the current year (FY 95/96). The next application can be made in January or February, 1996 for the 1996-97 funding year (FY 96/97). In addition to the request for a $145,381 loan from HOME Program Funds, acceptance of the MRV proposal will also require additional $170,000 in City funding to cover the acquisition and demolition costs associated with the project site. (Site clearance for development has often been assumed by the City for other projects, such as ice rink development, 21st Street development, etc. On March 21, 1995, the City Council adopted a funding resolution for the acquisition and demolition of the proposed site. The total cost was estimated to be $ $1.4 million and the following funding sources were identified: A. $650,000 from tax increment financing B. $680,000 from the long-term lease of the site for private redevelopment C. $ 70,000 from the issuance of City-at- large general obligation bonds Staff's financial analysis of the MRV proposal shows the following funding: A. $950,000 from tax increment financing B. $210,000 from the MRV lease of the site* C. $240,000 from the issuance of City-at- large general obligation bonds * $210,000 is the amount of City G.O. bonds that can be paid from the lease payment revenue stream. This property is under the requirements of Urban Renewal for redevelopment of the property. Reasonably competitive measures must be followed in the selection of a preferred developer, which has been satisfied by the RFP process followed. Also, the entire site has not been acquired. If a preferred developer is selected, there will have to be an agreement that final acquisition of the site described in the RFP will be a condition of the contract. Nancy Seitz Nancy Seitz, MRV, said there is probably nothing that can be done to eliminate the noise from Lawrence-Dumont Stadium but a lot can be done with landscaping. Baseball would not be every night, is only in summer months, and usually does not last later than 10:00 p.m. Council Member Kamen Council Member Kamen said there have been noise problems in the past and the City has received complaints. Council Member Cather Council Member Cather said the City could not assure anyone, with regard to this property, anything regarding noise in the area by Lawrence-Dumont Stadium. Nancy Seitz Nancy Seitz said, "I think common sense would tell you that there is going to be some noise associated with a baseball stadium." Council Member Ferris Council Member Ferris stated that a majority of the complaints he had received had been west of the Stadium. He had not received complaints from south of the Stadium. If the City is thinking that the land should be held for some kind of commercial entertainment venture, the "hot" property is one the east side of the river. The east side of the river will support commercial ventures. Eighty-five RFPs were sent out and advertising was done on this property and the City received only one proposal. It is suggested that MRV be named the preferred developer; and that staff be allowed the next three or four weeks to negotiate with the developer regarding finances and esthetics and to return to the Council with a proposal. Council Member Cole Council Member Cole said there are possibilities in construction to mitigate the noise. Chris Cherches City Manager, responding to a question regarding the Staff recommendation, said some of the Staff members felt that this was a logical entertainment corridor and that perhaps there could be some type of entertainment or commercial use that would be more compatible to the activities surrounding the immediate area. The Staff involved may not have understood that there has been a lot of conversation about residential. It is not certain that efforts in construction that could be made to reduce the noise has been discussed. The developer would have to check out the noise abatement construction possibilities before going ahead with the project. Council Member Cather Council Member Cather said this is not the optimum location to be building housing. Council Member Ferris Council Member Ferris stated that some developers have said there is too much commercial and not enough residential in the area. A whole area of commercial and entertainment uses can be built but residences need to be in the area and people need to live in the area. This is an ideal time to start residential in the area. Council Member Cole Council Member Cole said a downtown is not ever truly revitalized until there are people living there. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the MRV proposal be selected and staff be authorized to negotiate an enhanced proposal for multi-family development on the site to be returned to -- carried the Council in 60 days. Motion carried 6 to 1. Cather - No. HABITAT FOR HUMANITY REQUEST TO WAIVE PERMIT FEES - HABITAT FOR HUMANITY HOME BUILDING "BLITZ BUILD HOME BUILDING PROJECT '95 PROJECT". Chris Cherches City Manager reviewed the Item. Agenda Report No. 95-546. The Wichita Habit for Humanity (Habitat), in conjunction with Mennonite Housing Rehabilitation Services (MHRS), is conducting a building blitz during the week of July 24-31, 1995. Twenty new single-family homes will be constructed during the week utilizing sweat-equity labor from previous and future Habitat homeowners, and an additional several thousand volunteer foremen and laborers. Sixteen of the 20 new homes will be constructed in the recently platted Meadow Creek Subdivision at 29th Street North and Arkansas, and 4 of the 20 homes will be constructed in the Ebersole Addition in the 1000 block of North Custer. Upon completion, the new houses will be transferred to previously qualified, low to moderate income, first-time home owners. A request has been made that the City waive building permit fees. On July 3rd, the Superintendent of Central Inspection received a letter from the President/CEO of the WIBA supporting a 100 percent waiver of building fees for the project. Waiver of the fees will increase affordability of the homes to first-time home buyers. Construction valuation on each of the homes is anticipated to be between $42,000 and $48,000. Total fees for the 20 homes is estimated to be $9,300. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- carried Knight moved that Waiver of Fees be authorized. Motion carried 7 to 0. HOME-CHDO FUNDING REQUEST TO APPROVE HOME-CHDO FUNDING FOR MENTAL HEALTH ASSOCIATION OF SOUTH CENTRAL KANSAS. Chris Cherches City Manager reviewed the Item. Agenda Report No. 95-547. Since April of 1992, the City of Wichita has been receiving funds for housing activities from the HOME Investment Partnerships Program, an entitlement grant from the Department of Housing and Urban Development (HUD). As the program name suggests, an emphasis of the program is to develop partnerships with other organizations that address the housing needs of low-income households. The partnerships are to be with public and private organizations, both for-profit and nonprofit motivated. However, HUD felt that nonprofit participation is so important that it requires 15% of all HOME funds received by states and cities to be set aside for Community Housing Development Organizations (CHDOs). As defined by HUD, "a CHDO is a not-for- profit, community-based service organization that has, or intends to retain, staff with the capacity to develop affordable housing for the community it serves." The statute and regulation offers very specific guidance as to which organizations qualify. Only projects in which the CHDO acts as a developer, sponsor, and/or owner of housing are eligible set- aside activities. Since that time, the City has worked with willing groups to identify a variety of organizations with specific abilities and clientele to complement the HOME housing money. MHA was certified as a CHDO on May 24, 1994, and is making this application for HOME assistance from CHDO set-aside funds. The Mental Health Association was founded in 1957 and serves over 17,450 clients annually. They staff 57 full-time positions and 325 volunteer positions. Mental Health Association currently owns and manages nine developments. Holdings include single-family rental units, group homes, apartments and a crisis center. This project will continue a three-part development located at 23rd and north Pinecrest. The first phase is eight Section 811 units. These units were completed and occupied earlier this year. The second and third phases will be built on the proposed 3.8 acres site adjacent to the first phase. The second phase develops 32 elderly units in a two-story Section 202 project. The development will maintain a social service coordinator and an on-site manager. This development will work in cooperation with the Area Agency on Aging for case management and have access to a proposed Senior Service Resource Center less than two miles away. The location is close to the Timbers which allows the organizations to share transportation. The final phase will use the balance of the land as affordable single- family housing for low- and moderate-income individuals. The applicant is requesting a commitment prior to going through the time and expense of developing budgets and pro forma income statements. It is recommended that any favorable approval by Council would be subject to obtaining specific project information, proposed rents, and use of funds consistent with HOME regulations. MHA has requested $56,258.77 to retire the outstanding specials and pay accrued interest on the subject property. The land is being offered for sale by Intrust Bank for one dollar and repayment of outstanding special assessments. The Bank will pay all outstanding taxes due. A review of the special assessment indicates a substantial discount for immediate payment. If paid by the end of August, the cost including accrued interest will be less than $46,000. The FY 1994 HOME Program has $43,000 in uncommitted CHDO set- aside. The balance needed over that amount could be drawn from the HOMEownership 80 program budget. The HOME Program requires that the property comply with HOME affordability requirements. A deed restriction for the low-income use of the property will be required for no less than 15 years. The Law Department will review the project agreement as to form before it is submitted to the Mayor for signature. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Rosemary Moore Rosemary Moore urged approval of the Item. Motion -- Knight moved that the application for HOME CHDO funds in the amount of $46,000.00 be approved subject to applicant providing acceptable development budget, sources and use of funds statement, pro forma income statement, and property appraisal. -- carried Motion carried 7 to 0. CITY COUNCIL AGENDA PROCLAMATION PROCLAMATION. -- Masonic Mile of Food Month Motion -- carried Knight moved that the proclamation be authorized. Motion carried 7 to 0. ADDENDUM ITEM GOLF COURSES DISCUSSION OF SPEED OF PLAY AT THE GOLF COURSES. (Requested by Ferris.) Council Member Ferris Council Member Ferris that with one golf course closed down there will be additional play on the remaining golf courses. Pawnee Prairie Golf Course, in particular, has very slow play. Motion -- Ferris moved that the Park Board be asked to have a public hearing on the issue of ways to speed up play, particularly at Pawnee Prairie. A suggestion for discussion might be to institute a 4.5 hour rule that could be enforced (as done at McDonald). The hearing could either be held at the next Park Board meeting or at a special meeting. A sign indicating the time, place, and purpose of the hearing is to be posted at all three of the public golf courses. Motion carried -- carried 7 to 0. 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 (5 vacancies - Cather, Cole, 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; 2-Gale) Convention and Tourism Committee (2 vacancies - Cole, Rogers) Group Life Insurance Board of Trustees (1 vacancy - Council at large) Human Services Board (2 vacancies - Council at large) Library Board (3 vacancies - Ferris, 2-Knight) Metropolitan Area Planning Commission (1 vacancy - Rogers) Metropolitan Transit Authority (1 vacancy - Ferris) 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 (2 vacancies - Cole, Gale) Wichita Athletic Commission (3 vacancies - Council at large) Wichita Commission on the Status of Women (4 vacancies - 2-Knight; 1-Gale, Kamen) Wichita Employees Retirement Board (1 vacancy - Cole) Wichita Public Building Commission (3 vacancies - Gale, Kamen, Knight) Wichita-Sedgwick County Alcohol and Drug Abuse Advisory Board (3 vacancies - Council at large) Wichita Sedgwick County Solid Waste Management Committee (2 vacancies - Cole, Gale) Appointments will be for terms expiring June 30, 1997. Motion -- Rogers appointed Gail Finney, Convention and Tourism; and Brian McCormick, ADAAB; -- carried and moved that the appointment be approved. Motion carried 7 to 0. Motion -- Cole appointed Ken Kern, Codes Standards and Appeals; and Milt Pollitt, Solid Waste Management; and moved that the appointment be approved. Motion carried -- carried 7 to 0. Motion -- Ferris appointed Todd Ward, MTA, and moved that the appointment be approved. -- carried Motion carried 7 to 0. Motion -- Gale appointed Ed Koon, Disabled; James Gregory, Airport Authority; John Moshier, Athletic; Dana Walden, Women; and Margaret Miller, Solid Waste; and moved that -- carried the appointment be approved. Motion carried 7 to 0. Motion -- Knight appointed June Campbell and Grady Landrum, Disabled; Gillard Cohen and Karl Peterjohn, Library; and John Morse, Public Building; and moved that the -- carried appointment be approved. Motion carried 7 to 0. CONSENT AGENDA Knight moved that the Consent Agenda, and Addendum Item, except Items 33, 34, 36a, 38, and 39, 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 3, 1995. At 10:00 a.m., Friday, June 30, 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 7/3/95) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Water Distribution System to serve Meadow Oaks Addition (south of 29th Street North, east of Oliver). (448- 88732/732677/470345) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 07-13-93) (District I) Mies Construction Co., Inc. - $52,397.00 First east-west alley north of Douglas between Mead and Rock Island, east of Wichita Addition (north of Douglas, west of Washington). (472-82359/705723/405126) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 07-06-93) (District VI) Cornejo & Sons - $27,935.00 The Intersection of K-42 (Southwest Boulevard, Pawnee Avenue, West Street. (472-82477/706028/405156) Traffic to be maintained through construction. (Council approval date 06-28-95) (District IV) Cornejo & Sons - $202,840.50 Knight moved that the contracts be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign the contract for the City. Motion carried 7 to 0. PUBLIC WORKS/FLEET & BUILDINGS: FURNISH LABOR, MATERIALS, AND EQUIPMENT TO PROVIDE CARPETING AND MILLWORK FOR WESTLINK BRANCH LIBRARYAS PER SPECIFICATIONS Star Lumber - $41,500.00 - Base Bid - $ 4,401.00 - Alternate #1 (new carpet in Room 104) - $ 28.10 - Unit Price A - $ 15.72 - Unit Price B - $ 15.72 - Unit Price C Caro Construction - $6,779.00 - Base Bid - $2,380.00 - Alternate 1 (new work countertop) PUBLIC WORKS/FLEET & BUILDINGS: FURNISH LABOR, MATERIALS, AND EQUIPMENT FOR THE INSTALLATION OF A MEZZANINE STORAGE STRUCTUREAS PER SPECIFICATIONS Nelson Inc. - $15,713.00 PUBLIC WORKS/MAINTENANCE: COMPACTOR TRUCKS AND DUMPSTER SERVICES AS PER SPECIFICATIONS Browning-Ferris Industries of Kansas, Inc. - Item I - $75.00 per hour - Item II - $75.00 per hour VARIOUS DEPARTMENTS/VARIOUS DIVISIONS: PASSENGER, PURSUIT, LIGHT TRUCK, MEDIUM TRUCK, GRADER, IMPLEMENT, FIRE APPARATUS, AND HEAVY TRUCK TIRES AS PER SPECIFICATIONS Group I - Wiechman-Bush Tire, Inc. - Item 3 - $ 23.00 per each - Item 5 - $ 24.00 per each - Item 6 - $ 26.00 per each - Item 7 - $ 25.98 per each - Item 8 - $ 26.50 per each - Item 9 - $ 29.10 per each - Item 10 - $ 27.95 per each - Item 11 - $ 30.50 per each - Item 12 - $ 28.90 per each - Item 13 - $ 30.15 per each - Item 14 - $ 37.10 per each - Item 15 - $ 31.45 per each - Item 16 - $ 33.00 per each - Item 18 - $ 40.00 per each Group II - Wiechman-Bush Tire, Inc. - Item 1 - $ 39.90 per each - Item 2 - $ 40.50 per each Group III - Karl's Tire & Auto Service, Inc. - Item 3 - $ 85.00 per each - Item 4 - $ 85.00 per each - Item 6 - $ 51.33 per each - Item 7 - $ 63.62 per each - Item 8 - $ 52.43 per each - Item 14 - $ 59.32 per each - Item 15 - $ 74.31 per each - Item 16 - $ 55.92 per each - Item 17 - $ 55.92 per each - Item 18 - $ 57.46 per each - Item 19 - $ 66.46 per each - Item 20 - $ 64.36 per each - Item 22 - $ 67.64 per each Group IV - Wiechman-Bush Tire, Inc. - Item 2 - $ 95.00 per each - Item 3 - $ 104.00 per each - Item 4 - $ 119.00 per each - Item 5 - $ 179.00 per each - Item 7 - $ 108.00 per each - Item 8 - $ 124.00 per each - Item 9 - $ 136.00 per each - Item 10 - $ 194.00 per each - Item 11 - $ 203.00 per each - Item 12 - $ 179.00 per each - Item 13 - $ 179.00 per each - Item 14 - $ 231.56 per each - Item 15 - $ 179.00 net bid - Item 16 - $ 179.00 per each Group V - Wiechman-Bush Tire, Inc. - Item 1 - $ 285.00 per each - Item 2 - $ 129.00 per each - Item 3 - $ 102.95 per each - Item 4 - $ 192.00 per each - Item 5 - $ 269.00 per each - Item 6 - $ 270.00 per each - Item 7 - $ 415.00 per each - Item 8 - $ 620.00 net bid - Item 9 - $ 115.00 per each - Item 10 - $ 1,230.00 per each Group VI - Wiechman-Bush Tire, Inc. - Item 1 - $ 39.00 per each - Item 2 - $ 79.10 per each - Item 3 - $ 44.00 per each - Item 4 - $ 94.00 per each - Item 5 - $ 295.00 per each - Item 6 - $ 395.00 per each - Item 7 - $ 330.00 per each - Item 8 - $ 95.00 per each - Item 10 - $ 39.00 per each Knight moved that the contracts be awarded as outlined above, same being the lowest and best bid. Motion carried 7 to 0. HUMAN SERVICES/WHA: HANDICAP RENOVATIONS (ADA) FOR ROSA GRAGG AS PER SPECIFICATIONS Agenda Report. On April 24, 1995, a formal bid opening was held with Hahner, Foreman & Harness, Inc., being the lowest bidder in the amount of $48,189.00. This bid was above the estimate by approximately $20,000.00. The Human Services Department held two (2) pre- construction conferences and were unsuccessful in signing a contract because of differences in the interpretation of the construction documents. Due to the delay in the start of construction, the Human Services Department would like to cancel the Purchase Order and rebid the project at a later date. After cancellation, this project will be rebid in in conjunction with the renovation work for the Rosa Gragg Complex. This will produce a more favorable cost for construction from economies of scale. The contractor has consented to the cancellation of the purchase order and, therefore, the City may take this action without risk of liability to the contractor. Motion -- Knight moved that cancellation of Purchase Order No. 38717 to Hahner, Foreman & Harness, Inc., for the 504 Handicap Accessibility Revisions to the Rosa Gragg -- carried Complex be approved. Motion carried 7 to 0. LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1995 (Consumption on Premises) Daryl Moren Club Billiards*925 W. Douglas Marla Hayden Buck's Barbeque*8710 W. Central Larry L. Wolf Lenora's Place 1528 S. Washington (Consumption off Premises) Roy E. Brockmeier QuikTrip #353 110 S. Rock Rd. New Operator 1995 (Consumption on Premises) Patricia Sims Godfather's Pizza*1675 S. Rock Rd. Patricia Sims Godfather's Pizza*8404 W. 13th #100 Patricia Sims Godfather's Pizza*8728 W. Central (Consumption off Premises) New Establishment 1995 (Consumption on Premises) Jimmy D. Edgington Ty's Diner* 928 W. Second (Consumption off Premises) Ben J. Shultz, Jr. T & E Oil Co., Inc. #1910304 W. 13th Ben J. Shultz, Jr. T & E Oil Co., Inc. #20233 S. Maize Rd Ralph McGuire Dillon Store #129450 E. Harry *General Retailer--beer sales derive less than 50% of gross revenues. Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 7 to 0. PLANS AND SPECS. PLANS AND SPECIFICATIONS. a. Custer Avenue from the north line of 18th Street North to the south line of McLean Boulevard, in Charles Addition (east of Sheridan, north of 13th). (472- 82510/762872/490390) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 11-01-94) (District V) 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 14, 1995. Motion carried 7 to 0. b. Water Distribution System to serve Lots 20 and 21, Fairlawn Acres Addition (south of Kellogg, east of Tyler). (448-88928/732776/470355) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 06-27-95) (District V) c. Water Distribution System to serve Prairie Woods Addition (north of Pawnee, east of Maize). (448- 88905/732669/470344) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 03-21-95) (District V) d. 1995 Sanitary Sewer Rehabilitation Program to construct sewers at 10th and State Street and 2nd Street west of Rock Road. (468-82484/621094/533213) One-way, one lane traffic to be maintained through construction using flagpersons and barricades. (Council approval date 07-11-95) (District VI) e. Lateral 1, Main 16, Southwest Interceptor Sewer to serve Lake Ridge Second Addition (north of 21st Street, east of Ridge Road). (468-82335/742346/480326) Does not affect existing traffic. (Council approval date 06-27-95) (District V) f. Lateral 11, Main 14, Southwest Interceptor Sewer to serve Pawnee and West Industrial Park Second Addition (west of West Street, north of Pawnee). (468- 82469/742304/480322) Does not affect existing traffic. (Council approval date 04-18-95) (District IV) g. Lateral 349, Southwest Interceptor Sewer to serve Buckhead Addition (north of Central, west of 119th Street West). (468-82477/Index Code/Famis # not available/) Does not affect existing traffic. (Council approval date 07-11-95) (District V) h. Decel Lane along the north side of 21st Street North to serve Lots 4, 5, & 6, Block 6 including major entrance to Lot 4, Sterling Farms Addition (north on 21st Street, west of Tyler). (472-82891/762583/490361) Traffic to be maintained through construction. (Council approval date 06-27- 95) (District V) i. 21st Street Left Turn Lane from the west line of Lot 1 to the west line of Lot 5, Block 6 to serve Sterling Farms Addition (on 21st Street North, west of Tyler). (472-81892/762591/490362) Traffic to be maintained through construction. (Council approval date 02-14-89) (District V) 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 21, 1995. Motion carried 7 to 0. ADDENDUM ITEM j. Lateral 75, Dry Creek Submain 1, Sanitary Sewer #12 (at 9th and Glendale). (468-82482/n.a.) Tenth Street and Glendale to be closed during actual sewer crossing. (Council approval date 7-14-95) (District I) 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 14, 1995. Motion carried 7 to 0. PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. Esthner from the west line of Lark Second Addition to the south line of Lot 5, Block A, Lark Second Addition; Mars from the south line of Lot 5, Block A, Lark Second Addition to the west line of Lot 9, Block B, Lark Second Addition; Dora from the west line of Lot 9, Block B, Lark Second Addition to the east line of Lark Second Addition; and Dora Courts from the north line of Dora to and including the cul-de- sac to serve Lots 12 through 31, Block A and from the south line of Dora to and including the cul-de-sac to serve Lots 11 through 26, Block B, Lark Second Addition (south of Kellogg, east of 119th Street West) - $234,000.00. (472-82550/762989/490401) Does not affect existing traffic. (Council approval date 03-21- 95) (District V) b. Lateral 312, Southwest Interceptor Sewer to serve parts of Reflection Ridge Seventh & Eighth Additions (south of 29th, east of Tyler) - $194,700.00. (468- 82211/742288/480320) Does not affect existing traffic. (Council approval date 04-21-92) (District V) c. Lateral 30, Main 1, Westlink Sewer to serve part of Westfield Acres Addition (north of Maple, west of Tyler) - $25,000.00. (468-82474/742270/480319) Does not affect existing traffic. (Council approval date 05-09-95) (District V) d. Lateral 57, Main 22, War Industries Sewer to serve Home Design Center Addition (north of 29th, east of Rock Road) - $79,380.00. (468-82052/742296/480321) Traffic to be maintained through construction. (Council approval date 04-10- 90) (District II) e. Custer Avenue from the north line of 18th Street North to the south line of McLean Boulevard, in Charles Addition (east of Sheridan, north of 13th) - $58,300.00. (472- 82510/762872/490390) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 11-01-94) (District V) f. Mt. Carmel from the north line of 16th Street North to the south line of 17th Street North, in Sheridan Acres Addition, et. al. (between 16th and 17th Streets North) - $69,550.00. (472-82509/762880/490391) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 11-01-94) (District VI) g. Water Distribution System improvements at the intersection of Meridian and McCormick and along McCormick from Meridian to St. Clair (Meridian & McCormick) - $145,000.00. (448-88835 & 448-88803/633479/544574) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 12-14-93) (Districts IV & VI) h. Water Distribution System to serve Meadow Oaks Addition (south of 29th Street North, east of Oliver) - $107,726.03. (448-88732/732677/470345) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 07-13-93) (District I) i. First east-west alley north of Douglas between Mead and Rock Island, east of Wichita Addition (north of Douglas, west of Washington) - $99,200.00. (472- 82359/705723/405126) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 07-06-93) (District VI) j. The Intersection of K-42 (Southwest Boulevard, Pawnee Avenue, West Street - $254,066.63. (472- 82477/706028/405156) Traffic to be maintained through construction. (Council approval date 06-28-95) (District IV) Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 7 to 0. STATEMENTS OF COST STATEMENTS OF COST. a. (First Partial) Economic Opportunity Purchase of land south of Lawrence-Dumont - $979,375.00. (435- 152/791236) b. (First Partial) Purchase of land south of Lawrence-Dumont - $1,700,000.00. (435-141/791103) c. (Second Partial) Construction of an ice rink - $3,200,000.00. (435-141/791103) Motion -- Knight moved that the Statements of Cost be approved and filed. Motion -- carried carried 7 to 0. STATEMENTS OF COST (CHESNEY). a. Jayson Lane and Jayson Lane Court from the north line of Meribeau to and including the cul-de-sac; Jayson Lane and Jayson Lane Circle from the west line of Jayson Lane to and including the cul-de-sac; and Bay Country from the north line of Jayson Lane to the north line of Breezy Pointe Second Addition. Financing to be issued at this time - $341,960.00. (472-82484/762609/490363) b. Great Plains and 36th Street North from the north line of 35th Street North to the west line of a 100-foot wide floodway centered on the east line of Lot 7, Block 1 in Great Plains Business Park Second Addition. Financing to be issued at this time - $177,919.00. (472-82209/762724/490375) c. Lateral 2, Main 16, Southwest Interceptor Sewer to serve Barefoot Bay Addition. Financing to be issued at this time - $224,256.00. (468-82401/742056/480297) d. Water Distribution System to serve Westridge Village Addition. Financing to be issued at this time - $10,470.00. (448-88867/732479/470325) e. Water Distribution System to serve Leewood Village at Northrock Second Addition. Financing to be issued at this time - $27,990.00. (448-88863/732420/470320) f. Water Distribution System to serve Ebersole Addition. Financing to be issued at this time - $6,633.00. (448-88862/732545/470332) g. Water Distribution System to serve Miles Hidden Lakes Estates. Financing to be issued at this time - $115,286.00. (448-88788/732065/470284) h. Stoney Point from the north line of Westport to the east line of Parkdale; Westlawn from the east line of Stoney Point to the east line of Timber Ridge Addition; Stoney Point Court from the west line of Stoney Point to and including the cul-de-sac; and Stoney Point Court from the west line of Stoney Point to and including the cul-de-sac, all in Timber Ridge Addition. Financing to be issued at this time - $203,407.00. (472-82542/762914/490394) i. Bellwood from the north line of Sterling to the north line of Lot 14, Block 1; Bellwood Court from the north line of Bellwood to & including the cul-de-sac; & sidewalk constructed on the west line of Bellwood in Sterling Farms Fourth Addition. Financing to be issued at this time - $135,804.00. (472-82498/762732/490376) j. Tracy Street from the north line Second Street to the south line of Third Street. Financing to be issued at this time - $75,954.00. (472-82471/762567/490359) k. Clarence from the north line of 47th Street South to the south line of 45th Street South. Financing to be issued at this time - $217,073.00. (472-81410/762021/490305) l. 45th Street South from the east line of Meridian to the west line of South Lake Third Addition. Financing to be issued at this time - $338,024.00. (472- 82330/761866/490289) m. Clarence from the south line of 45th Street South to 60 feet north of the north line of Lot 1, Block 1, Purcell's Eleventh Addition. Financing to be issued at this time - $125,452.01. (472-81394/762039/490306) n. 45th Street South from the west line of South Lake Third Addition to the west line of Clarence in South Lake Third Addition. Financing to be issued at this time - $116,954.00. (472-81393/761973/490300) o. Beech from the south line of Carson to the south line of said Turtle Run Second Addition. Financing to be issued at this time - $103,168.00. (472-82348/762476/490350) 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 7 to 0. BOARDS MINUTES MINUTES OF ADVISORY BOARDS. Ad Hoc Committee for Solid Waste Management, 5/15/95 Board of Code Standards and Appeals, 6/5/95 CPO Northeast Council 1, 6/26/95, 6/12/95 CPO East Council 2, 6/26/95 CPO Southeast Council 3, 6/22/95 CPO Southwest Council 4, 6/22/95 CPO Northwest Council 5, 6/14/95 Public Art Advisory Board, 6/15/95 Wichita Employees' Retirement System, 6/21/95 Wichita Metropolitan Transit Authority, 5/25/95 Wichita Public Library, 6/20/95 Wichita/Sedgwick County Metropolitan Area Planning Commission, 5/11/95, 4/27/95, 4/13/95 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 7 to 0. EASEMENTS/DEDICATIONS EASEMENTS AND DEDICATIONS. a. Easements dated May 29, May 30, and June 1, 1995, from Barbara Slover, Richard & Avis Greenstreet, Thomas & Mildred Bahl for tracts in Westfield Acres (Lateral 30, Westlink Sewer, Index #742270) (no cost to City). b. Easements dated June 1, 1995, from Marvin Schellenberg, Leo & Burchie Kastens for tracts in the Northwest ¼, Section 4, Township 27 South, Range 1 West (Lateral 312, Southwest Interceptor Sewer, Index #742288) (no cost to City). c. Easement dated February 21, 1995, from Lindy Andeel for a tract in Cain & Smiths Replat of Block 3, Beverly Manor (Kellogg & Oliver, Index #700625) (no cost to City). d. Easement dated May 17, 1995, from Reginald Booth for a tract in Reflection Ridge Third Addition (First Mennonite Brethren Water, Index #732701) (no cost to City). e. Easement dated June 2, 1995, from Herbert & Judith Lacey for a tract in Westfield Acres (Lateral 30, Main 1, Westlink Sewer, Index #742270) (no cost to City). f. Easement dated April 28, 1995, from Mark & LaLana Moore for a tract in the Northeast ¼, Section 27, Township 27 South, Range 1 West (Lateral 55, Main 4, Southwest Interceptor Sewer, Index #742163) (no cost to City). g. Easement dated June 12, 1995, from USD-259 for a tract in the Northwest ¼, Section 13, Township 27 South, Range 1 East (Sewer Reconstruction, Index #621086) (no cost to City). Motion -- Knight moved that the documents be received and filed and the City Clerk be -- carried instructed to record with the Register of Deeds. Motion carried 7 to 0. CLAIMS ALLOWED REPORT ON CLAIMS ALLOWED - MAY, 1995 Name of Claimant Amount Name of Claimant Amount Ralph D. Kitchen $650.00* Sheri Wenzel $ 270.76 Hawks Inter-State $439.67 Douglas E. Ward $ 291.27 Howard F. Dearmore $378.07* Rochelle Chapman $ 847.47 Jacque Clark $553.82 KG&E $4,488.58 Barbara Landrum $ 40.00 Vicki R. Mester $ 100.00* Riley Williams, Sr. $142.00 Philip J. Peterman $ 229.80 Casado-McKay, Inc. $249.89 Jimmy Peppers $ 310.00 Margo Unrein $ 63.42 Michael Hoefler $ 365.72 Donald E. Russell $583.72* John R. Barrier, Jr. $1,059.71 Clifford Utter $195.87 Timothy M. Hartman $1,779.04 *Settled for lesser amount than originally claimed. Motion -- carried Knight moved that the Report be received and filed. Motion carried 7 to 0. (Item No. 33) STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. Motion -- carried Knight moved that this Item be stricken. Motion carried 7 to 0. (Item No. 34) EMERGENCY SHELTER EMERGENCY SHELTER GRANT CONTRACTS. Agenda Report No. 95-548. On March 21, 1995, the City Council approved the Emergency Shelter Grant allocations to be included in the City's 1995/1996 Consolidated Community Development Plan. The plan will provide funds for a number of homeless agencies for operations, essential services and homeless prevention. The contracts before the Council are Emergency Shelter Grant contracts with the following agencies: Anthony Family Shelter, Center of Hope, YWCA Women's Crisis Center, InterFaith Inn and the Wichita Children's Home. The contracts provides funds for operation costs and homeless prevention. These contracts are being executed pending HUD's final approval of the Consolidated Plan, and are consistent with the City of Wichita Consolidated Community Development Plan (CCDP) as approved by the Council on May 23. The contracts amounts are as follows: Anthony Family Shelter $ 9,061 Center of Hope $28,826 InterFaith Inn $15,627 Wichita Children's Home $ 9,500 YWCA Women's Crisis Center $15,430 Funds are available from the Stewart B. McKinney Homeless Assistance Act. Chris Cherches City Manager said an update on the homeless should be received in 60 to 90 days. Motion -- Kamen moved that the Contracts be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. NE BRANCH LIBRARY NORTHEAST NEIGHBORHOOD BRANCH LIBRARY FACILITY. Agenda Report No. 95-549. On March 7, 1995, the City Council selected two sites for the proposed relocation of the Northeast Branch Library, which was located in the Madison Square building. The redevelopment of this area by UBI made it necessary to move the branch library facility. In 1993, the City acquired the St. Mark Church property for renovation and relocation of the Northeast Branch Library. Since that time, plans have been developed and ready for bid on this renovation. Because of the condition of the building, consideration has since been given to construction of a new building, essentially because of cost efficiencies. In 1994, the City solicited preferred developers for the parcel of City owned land between the Bank IV building and the Northeast Police Substation. At the February 1, 1994 meeting, the City Council directed Staff to negotiate with JM Ltd. based upon their proposal for an office building. Subsequently, JM Ltd. proposed a facility with space to be leased to the City for the Northeast Branch Library. At the June 6, 1995, meeting, the City Council 1) rescinded the Preferred Developer status of JM Ltd. on the site between Bank IV and the Police Substation, 2) selected the site for the new Northeast Branch Library between the Bank IV building and the Police Substation, 3) authorized the design of the project and staff to return with a contract for Council approval, and 4) Law/Kingdon, Inc. be selected as the design architect for the Northeast Branch Library. On December 22, 1992, City Council approved a contract with Law/Kingdon, Inc. for design and specifications for the renovation of the St. Mark Church for the Northeast Branch Library. Staff has negotiated an amended contract with Law/Kingdon, Inc. in an amount not to exceed 5.5% of construction ($30,525) to provide design and specifications for a new Northeast Branch Library facility to be located between Bank IV and the Northeast Police Substation. Currently, the City has $125,000 in Community Development Block Grant (CDBG) funding available for this project. An additional $100,000 is available in the 1995/1996 HUD plan. The Capital Improvements Program (PB-9330) provides funding to support this project in an amount of $225,000, less $20,475 expended for design and related costs associated with the design and specifications for the renovation of the St. Mark Church. Motion -- Knight moved that initiation of the facility be approved and the Resolution be adopted; and the Contract be approved and the Mayor be authorized to execute. -- carried Motion carried 7 to 0. RESOLUTION NO. R-95- 291 A Resolution amending Resolution No. R-92-679 approving the initiation of a project to construct a branch library; authorizing the City Manager to begin the process for selection of an architect to improve design services for the same; to establish an estimate of the costs thereof; authorizing soliciting of bids for the construction thereof; and declaring it to be the intention of the City to issue General Obligation Bonds in an amount not to exceed $225,000.00 to pay all or a portion of the costs of such project, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. (Item No. 36a) TRAFFIC SIGNALS INTERLOCAL AGREEMENT FOR TRAFFIC SIGNAL IMPROVEMENTS AND MAINTENANCE. Agenda Report No. 95-550. Three traffic signals are located within 1/4 mile on Zoo Boulevard; two at I-235 and one at Windmill Road. The City presently has the responsibility of the two signals at I-235 while the County is responsible for the one signal at Windmill Road. Numerous citizen complaints have been received by both the City and County staff regarding the traffic congestion in the vicinity and the inability to progress through the three signals on a green light. The County's signal controller is incompatible with City's controllers for coordination purposes and a communications link between the City's and County's controllers is non-existent; therefore, it was the suggestion of the City that the County replace the controller at Windmill Road with one that is compatible with the City's and extend a communications link so that signal coordination can be provided. In turn, the City will provide routine maintenance on this signal as well as assume signal timing responsibility. An Agreement outlining the responsibilities of the City and County was approved by the County Commission on May 17, 1995. Coordination is now maintained between the two City signal controllers during the peak morning and evening traffic hours. The County's signal at Windmill Road operates in a random manner during these same time periods as it responds to the demands of traffic at that intersection with no knowledge of what is occurring at the other two intersections. It is the opinion of the City's Traffic Engineering staff the congestion can be reduced and safety improved on this roadway segment if all three signals were coordinated. The Agreement provides that the County will provide a traffic signal controller compatible with existing City equipment and install a communications conduit to connect the traffic signal controller at Windmill Road with the City's traffic signal controller at I-235. The City will provide interconnect communications cable between the two intersections and provide operational responsibility for the Windmill Road controller to ensure that coordination of the three signals can be provided. The County will retain responsibility for major maintenance and optional (electricity) expenses for the Windmill Road signal. The Board of County Commissioners has approved this Agreement and their Chairman, Mark F. Schroeder, signed it on May 17, 1995. With exception to the cost of providing communications cable (approximately $700), the City's remaining expense for the signal improvements will be in labor. These initial installation costs and ongoing signal maintenance costs will be absorbed in the budget for traffic signal maintenance. By this Agreement, the County will continue to pay ongoing costs for electrical service and will repair/replace all damaged signal equipment resulting from vehicular accidents. Motion -- Ferris moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. WATER MAIN RELOCATION SUPPLEMENTAL AGREEMENT FOR WATER MAIN RELOCATION IN SYCAMORE AND MAPLE. Agenda Report no. 95-551. On February 28, 1995, the City Council approved a contract with Savoy, Ruggles & Bohm, P.A. (SRB) to design paving and intersection improvements for Sycamore and Maple. On April 18, 1995, the City Council approved a Supplemental Agreement with SRB to design the relocation of existing water lines where they conflict with the street improvements. The Water Department has requested that SRB prepare plans for the extension of a 12" water line along Maple from Oak to tie into an existing 12" water line at Osage. Plans will be prepared so that the extension can be constructed prior to or in conjunction with construction of the paving improvements. Payment to SRB will be on a lump sum basis of $1,800 and will be paid from Water Utility funds included in the 1995 Capital Improvement Program (W-65, Unidentified Water Mains). Motion -- Knight moved that the Supplemental Agreement be approved and the Mayor be -- carried authorized to execute. Motion carried 7 to 0. RESPREAD SPECIAL AGREEMENT TO RESPREAD SPECIAL ASSESSMENTS IN REFLECTION RIDGE SIXTH ADDITION ASSESSMENTS AGREEMENT (SOUTH OF 29TH ST. NORTH, WEST OF RIDGE). (District V) Agenda Report No. 95-552. The developer, Reflection Ridge, Inc., platted an addition called Reflection Ridge 6th Addition and has submitted an Agreement to respread special assessments in the addition. The land was originally included in numerous improvement districts for a number of public improvement projects. The purpose of the Agreement is to respread Special Assessments on an equal share basis for each lot. Without the Agreement, the assessments will be spread on a square foot basis. The Agreement will save the City time in recalculating special assessments for each newly platted lot and will equalize the assessments for each lot, making it easier for the developer to market the lots. There is no cost to the City. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. PROPERTY ACQUISITION ACQUISITION OF 4529 E. KELLOGG FOR EAST KELLOGG/OLIVER IMPROVEMENT PROJECT. (District II) Agenda Report No. 95-553. When the opportunity arises, the City of Wichita acquires right-of-way for the East Kellogg/Oliver Improvement Project. As a Federally funded project, property owners adversely impacted by the planned project can request that the Federal Highway Administration grant them hardship status. This allows the City to enter into negotiations with these owners in advance of the project. One such hardship is located at 4529 E. Kellogg (Lot 2 except the north 10 feet and Lot 4, Block 2, Lincoln Heights 2nd Addition to Wichita) and is owned by Dr. Dean O. Mason. The property has 12,600 square feet of land and 1,782 square feet of improvements. The facilities are currently leased by two dentists. The property was appraised for the City at $193,000 and the review appraiser concurred with this value. This amount was offered to the owner and accepted. The owner is building a new building and wishes to occupy this site until the new facility is complete. To this end, the contract requires a closing on or before February 28, 1996. As this acquisition has been approved as a hardship transaction, Federal funds will be available to offset 80% of the the transaction cost. Funds have been budgeted in the 1994 Capital Improvement Program. The funding source will be General Obligation bonds paid by local sales tax revenues. A budget of $205,000 in funds includes: $193,000 for acquisition, $10,000 for eventual demolition and $2,000 for closing costs and title insurance. The two occupants will also be eligible for relocation benefits but those amounts cannot be calculated under Federal regulations, until such time as actual moving costs can be ascertained. It is intended that, if possible, the property will be released after vacation until such time as the site is needed for highway construction. Motion -- Knight moved that the budget be approved and the Real Estate Purchase Contract be -- carried approved and the Mayor be authorized to sign. Motion carried 7 to 0. ACQUISITION OF A PARCEL FOR DRAINAGE EASEMENT (TRACT #5) FOR THE NORTH OLIVER STREET WIDENING - 25TH STREET TO 35TH STREET. (District I) Agenda Report No. 95-554. The Oliver Street Widening Project, from 25th Street North to 35th Street North as approved by Council on May 2, 1995, will require the acquisition of 4 partial takings for right-of-way and easements. One of the properties indicated for partial taking is identified as Tract #5, located at 3553 N. Oliver and is owned by Koch Industries, Inc. The property is currently utilized as a portion of a drainage swale to serve the subject property. The value of the property was appraised at $1,587. The owner has agreed to sell for the appraised amount of $1,587. Funds have been budgeted in the 1994 Capital Improvement Program as MS-467 in the amount of $100,000. A budget of $2,087 in funds includes: $1,587 for acquisition, and $500 for closing costs, title insurance, and survey costs. This is project uses Federal funds and relocatees are eligible for relocation benefits. No relocation is necessary as a result of this taking. Acquisition costs to date for the project, including this transaction, total $1,587 with an additional $500 for closing, relocation and demolition costs. Motion -- Knight moved that the budget be approved and the Real Estate Purchase Contract be -- carried approved and the Mayor be authorized to sign. Motion carried 7 to 0. (Item No. 38) (Council Member Cather absent) UR RESTRICTIONS RELEASE RELEASE OF URBAN RENEWAL RESTRICTIONS - NORTH SIDE CHURCH OF CHRIST. Agenda Report no. 95-555. Urban Renewal Agreements and subsequent City agreements on property acquired under Urban Renewal procedures are filed with the Register of Deeds and frequently contain provisions allowing the Urban Renewal Agency or the City to enforce certain redevelopment provisions or even retake possession of the property under some circumstances. These provisions constitute a cloud on the the owner's title and impact their ability to sell the property. Periodically, requests are received concerning properties so encumbered. Most often, the owner or title company is seeking a certificate of completion. This document certifies that the City is satisfied that the property has been redeveloped in accordance with the specific contractual requirements. The City is required to provide such a document upon request if the redevelopment conditions have been met. The North Side Church of Christ has requested a Certificate of Completion of Improvements releasing a parcel near their church from Urban Renewal requirements. The site is vacant which satisfies the contractual requirements that the site not be developed with a separate dwelling structure. The church intends to develop the property for parking. Chris Cherches City Manager clarified that this was for 2105 Jackson. Motion -- Kamen moved that the Mayor be authorized to sign the Certificate of Completion -- carried of Improvements. Motion carried 6 to 0. (Cather absent) (Item No. 39) (Council Member Cather present) DEVELOPER DESIGNATION DESIGNATE MIKE BULLEIGH (AMERICAN CAB COMPANY) AS REDEVELOPER OF THE PROPERTY AT WABASH & MURDOCK. (District I) Agenda Report No. 95-556. In the mid-1980's the City realigned Murdock Ave. from Washington Ave. to Cleveland St. The property is a developable tract located on the northeast corner of Murdock and Wabash that remained after the realignment. The tract was approved for surplus, replatted, and put on the market in 1987 at $1.50 per sq. ft. The property has approximately 22,368 sq. ft., is zoned "C" Commercial and is restricted by the land use controls of the McAdams Neighborhood Urban Renewal Plan. The City has previously received offers on this property with the highest offer, besides American Cab, being $15,000 from Bearing Distributor. The next highest offer of $7,500 was tendered in December of 1994. On June 21, 1995, Mike Bulleigh of American Cab Company made an offer to the City of $16,000, $0.75 per sq. ft. He proposes to build a 3,500 sq. ft. commercial metal building for offices/dispatching/staging area and possibly a two bay area for minor repairs on the cabs. The majority of repairs and maintenance on vehicles is performed on a contract basis with outside automotive service companies. They will also construct a 20 space parking lot for vehicles and employees, plus erect a 200 ft. radio tower to communicate with company cabs. The Buyer also agrees to construct a wood privacy fence as required under the URA McAdams Neighborhood requirements for commercial development. On June 27, 1995, the City Council tentatively accepted American Cab Company's proposal over that of Bearing Distributors, Inc.'s proposal. The surplus City property has an irregular shape with 25' building setbacks on the two streets, no access to Murdock, and a 10 ft. alley that goes halfway into the property. The result is a limit of 3,000 to 6,500 sq. ft. of actual space to build a facility and limited space to provide for the 20 parking spaces for the 23 full and part-time employees. American Cab Company currently operates at an existing facility located at 440 N. Kansas. The proposed Developer has been made aware of the Urban Renewal requirements, property setbacks, limited access control, etc. that are conditions of the sale. The Buyer's development proposal will not require amending the McAdams Neighborhood Urban Renewal Plan. American Cab Company agrees to construct and maintain the required screening between this property and the residents to the north. The listed asking price of the land has been $1.50 per sq. ft. or $33,500. Mike Bulleigh is offering $16,000 for the entire lot. No real estate broker was involved in the sale of this tract. Property Management is requesting that the Council approve the $16,000 offer. Mike Bulleigh has signed a purchase contract and provided $2,000 in earnest money. Closing costs will be shared 50% by buyer and 50% by seller with the City's share coming out of the proceeds from the sale of the property. Based upon a capital investment of approximately $170,000 for a 3,500 sq. ft. metal building and parking improvements, the property will provide an estimated $5,274 in general property taxes annually with the City's share estimated at $1,466. The sale and closing will be contingent upon the publishing of Public Notice, as required under the General Urban Renewal Law, providing 30 days for the examination of proposals for the redevelopment of this tract by the public and for receipt and review of additional development proposals on the described parcel. Council Member Kamen Council Member Kamen said he thought the neighbors did not know what has happened and would be upset with cabs being parked on the property. There needs to be a policy on this type of item. Motion -- Knight moved that Mike Bulleigh of American Cab Company be designated as the redeveloper of Lot 1, Murdock Industrial Addition, subject to required Urban Renewal notice and receipt and review of any other redevelopment proposals; the sale of the Lot for $16,000 be approved; and the Mayor be authorized to sign the -- carried Purchase Contract and any other required documents. Motion carried 5 to 2. Cather, Kamen - No. LIMOUSINE SERVICE APPROVAL OF CERTIFICATE OF CONVENIENCE AND NECESSITY FOR CHARTER LIMOUSINE SERVICE - A-CLASSIC LIMOUSINE SERVICE. Agenda Report No. 95-557. Sally Teichgraber, A-Classic Limousine Service, intends to relocate (from Houston) in Wichita and operate a limousine service. A-Classic has one vehicle to license, a white 1988 Cadillac Fleetwood Brougham bearing ID #1G6DW51Y3JRN66547. Ms. Teichgraber has provided proof of insurability, payment of the $200 filing fee, letters of reference and background, and a listing of drivers (who have cleared a police records check). Motion -- Knight moved that the Certificate of Convenience and Necessity and issuance of a -- carried license be approved. Motion carried 7 to 0. CONFLICT RESOLUTION CONTRACT FOR CONFLICT RESOLUTION TRAINING. Agenda Report No. 95-558. The Police Department and Personnel Training solicited proposals for conflict resolution training. Five proposals were received and Mid-America Services was selected for recommendation to the Council. The conflict resolution training is in conjunction with coordinated efforts to expand community policing and improve neighborhood communication. The Police Department is in the process of providing specific training programs for the entire department. An outside professional is necessary as there are no in-house experts who can specifically deal with this topic. Mid-America Services bid $30,000. The training is budgeted in the Comprehensive Communities Program Grant. Motion -- Knight moved that the Contract be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. RESOLUTIONS RESOLUTIONS. RESOLUTION NO. R-95- 292 A Resolution authorizing and directing Kansas Gas and Electric, a Western Resources Company, to install and/or change certain street lights in the City of Wichita, Kansas, #3- 95, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. #3-95 RESOLUTION CONTINUING & UPDATING POLICY ON DECLARATION OF OFFICIAL INTENT TO REIMBURSE CAPITAL EXPENDITURES FROM BOND PROCEEDS. Agenda Report no. 95-558. In 1992, the City Council adopted Resolution Number R-92-141 to establish a policy and procedure to ensure compliance with Treasury Reg. 1.103-18, which, at that time, was the pertinent Treasury Regulation governing the timing and content of "declarations of official intent" required as a prerequisite of reimbursing capital expenditures with subsequently-issued tax exempt bonds. In 1993, Treasury Reg. 1.103-18 was replaced by Treasury Reg. 1.150-2, creating a need to correct the policy established by Resolution Number R-92-141, to correctly reference the replacement regulation. Because Treasury Reg. 1.150-2 generally was less stringent that its predecessor Treasury Reg. 1.103-18, the declarations given under the old Resolution, referencing Treasury Reg. 1.103-18, are sufficient in form and content to meet the requirements of Treasury Reg. 1.150-2, to the extent that the Director of Finance may be said to have been authorized to execute such declarations under the intent of the old Resolution Number R-92-141. This Resolution confirms that intent and authority, and specifically extends such authority to similar declarations that may become necessary under future amendatory or replacement regulation sections. In addition, Section 2 of the Resolution modifies the prior policy to reflect the less-stringent requirements of Treasury Reg. 1.150-2, which allows the declaration to be executed and filed up to sixty (60) days after the capital expenditure to be reimbursed, rather than on or before the date of the expenditure, as under old Treasury Reg. 1.103-18. The Resolution will update the City's procedure for ensuring compliance with federal reimbursement regulations, furthering the City's continued ability to reimburse capital expenditures with tax exempt bonds issued up to three years later. The City Attorney's Office has reviewed the pertinent regulations and drafted the attached Resolution to effect the necessary updates in City practice and procedure. Motion -- carried Knight moved that the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-95- 293 A Resolution continuing and updating the City's plan to ensure compliance with regulations relating to reimbursement of prior capital expenditures from proceeds of tax exempt bonds, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. ORDINANCES SECOND READING ORDINANCE. (First Reading 6/27/95) Fire Structure/Equip. ORDINANCE NO. 42-807 An Ordinance of the City of Wichita, Kansas, authorizing modifications and repairs to public buildings, and authorizing the issuance of general obligation bonds for the purpose of financing the costs thereof; and supplementing Resolution No. R-94-222 of the City, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. FIRST READING ORDINANCE. Motion -- Knight moved that the Ordinance be placed on first reading. Motion carried -- carried 7 to 0. Lot Clean Up ORDINANCE 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, introduced and under the rules laid over. PLANNING AGENDA Marvin Krout Director of Planning stated that Items 45 and 49 through 55 could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Knight moved that Planning Agenda Items 45 and 49 through 55 be approved as -- carried consensus Items. Motion carried 7 to 0. V-1917 V-1917 - REQUEST TO VACATE A PORTION OF A BUILDING SETBACK LOCATED IN AN AREA SOUTH OF CENTRAL AND EAST OF 143RD STREET EAST. Agenda Report No. 95-559. Staff Recommendation: Approve vacation of building setback. MAPC Recommendation: Approve vacation of building setback. The vacation request is for property located outside the City of Wichita. As such, no petition, publication of notification, or public hearing is required before the City Council. Marvin Krout Director of Planning reviewed the Item for the City Council. Motion -- Knight moved that the vacation be approved as recommended. Motion carried -- carried 7 to 0. V-1918 PUBLIC HEARING V-1918 - REQUEST TO VACATE A PORTION OF A BUILDING SETBACK LOCATED (Item No. 46) SOUTH OF CENTRAL AND WEST OF 119TH STREET WEST. (District V) Agenda Report No. 95-560. Staff Recommendation: Approve vacation of building setback. MAPC Recommendation: Approve vacation of building setback. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Knight moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order be recorded with the Register of Deeds. Motion carried -- carried 7 to 0. V-1919 PUBLIC HEARING V-1919 - REQUEST TO VACATE ACCESS CONTROL TO WEST STREET IN AN (Item No. 47) AREA NORTH OF PAWNEE. (District IV) Agenda Report No. 95-561. Staff Recommendation: Approve vacation of access control. MAPC Recommendation: Approve vacation of access control. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Knight moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order be recorded with the Register of Deeds. Motion carried -- carried 7 to 0. V-1921 PUBLIC HEARING V-1921 - REQUEST TO VACATE UTILITY EASEMENTS IN AN AREA WEST OF (Item No. 48) SENECA AND SOUTH OF 50TH STREET SOUTH. (District IV) Agenda Report No. 95-562. Staff Recommendation: Approve vacation of utility easements. MAPC Recommendation: Approve vacation of utility easements. Easements (to be received). Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Knight moved that the public hearing be closed, the vacation and utility easements be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order and the easements be recorded -- carried with the Register of Deeds. Motion carried 7 to 0. S/D 94-36 S/D 94-36 - PLAT OF THE ROBBINS FARM 4TH ADDITION LOCATED NORTH OF 55TH STREET SOUTH AND WEST OF BROADWAY. (District IV) Agenda Report No. 95-563. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. Petitions, all 100%, have been submitted for sanitary sewer, municipal water and paving improvements. A Certificate of Petitions has also been submitted. To provide for off-street parking, for lots adjacent to narrow streets, a covenant has been submitted requiring that four (4) off-street spaces be provided for each such lot. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Documents Certificate of Petitions and Restrictive Covenant from Investors Group, Inc. Water 100 Percent Petition for Water Distribution System Number 448- 88929 to service Robbins Farm Fourth Addition (west of Broadway, north of 55th Street South) $16,200 S.A. (Hold for development) Sewer 100 Percent Petition for Lateral 351, Southwest Interceptor Sewer (west of Broadway, north of 55th Street South) Project No. 468-82485 $25,000 S.A. (Hold for development) Paving 100 Percent Petition for improving of Midland Circle from the south line of the Plat to and including the cul-de-sac, Project No. 472-82603 $41,000 S.A. (Hold for development) 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. Motion carried -- carried 7 to 0. RESOLUTION NO. R-95- 294 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-88929 to service Robbins Farm Fourth Addition (west of Broadway, north of 55th Street South) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-95- 295 Resolution of findings of advisability and Resolution authorizing construction of Lateral 351, Southwest Interceptor Sewer (west of Broadway, north of 55th Street South) Project No. 468-82485 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-95- 296 Resolution of findings of advisability and Resolution authorizing improving of Midland Circle from the south line of the Plat to and including the cul-de-sac, Project No. 472-82603 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. S/D 94-79 S/D 94-79 - PLAT OF THE BUCKHEAD ADDITION LOCATED NORTH OF CENTRAL AND WEST OF 119TH STREET WEST. (District V) Agenda Report No. 95-564. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. This site has just recently been annexed to the City. Petitions, all 100%, have been submitted for sanitary sewer, municipal water, storm sewer and paving of both the interior residential streets and Central. A Certificate of Petitions has also been submitted. In order to serve this site, an off-site utility easement has been provided. In order to provide for the ownership and maintenance of Reserves, the applicant has submitted a restrictive covenant. To provide for off-street parking for lots adjacent to narrow streets, a covenant has been submitted requiring that four (4) off-street spaces be provided for each such lot. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Documents Restrictive Covenants, Easement from Paul E. Kelsey. Water 100 Percent petition for Water Distribution System Number 448- 88925 to serve Buckhead Addition (north of Central, west of 119th Street West) $134,000 S.A., $11,000 Water Utility W-65 (Hold for development) Water 100 Percent petition for Water Distribution System Number 448- 88926 to serve Buckhead Addition (north of Central, west of 119th Street West) Phase II, $60,000 S.A. (Hold for development) Sewer 100 Percent petition for Lateral 349, Southwest Interceptor Sewer, to serve Buckhead Addition (north of Central, west of 119th Street West) Project No. 468-82477, Phase I $240,000 S.A. (Hold for development) Sewer 100 Percent petition for Lateral 350, Southwest Interceptor Sewer, to serve Buckhead Addition (north of Central, west of 119th Street West) Project No. 468-82478, Phase II $162,000 S.A. (Hold for development) Storm Water Drain 100 Percent petition for Storm Water Drain No. 114, to serve Buckhead Addition (north of Central, west of 119th Street West) Project No. 468-82479 $240,000 S.A. (Hold for development) Paving 100 Percent petition for improving of Cedar park from the north line of Central Avenue North to Hickory, Hickory from the west line of Cedar Park to the northeast corner of Lot 1, Block C; Hickory from the west line of 119th Street West to the east line of Cedar Park, and; Cedar Park Circle from the north line of Hickory to and including the cul-de-sac, to serve Buckhead Addition (north of Central, west of 119th Street West), Project No. 472-82589 $447,000 S.A. (Hold for development) Paving 100 Percent petition for improving of Hickory from the northeast corner of Lot 1, Block C, west to the west line of the Plat; Cedar park Circle from the south line of Hickory to and including the cul-de-sac and from the north line of Hickory to and including the cul-de-sac, and; Kenny Circle from the west line of Cedar Park Circle to and including the cul-de-sac, to serve Buckhead Addition (north of Central, west of 119th Street West) Project No. 472-82590 $161,000 S.A. (Hold for development) Paving 100 Percent petition for improving of Central Avenue from the east line of Buckhead Addition to a point 390 feet west of the east line of Buckhead Addition, to serve Buckhead Addition (north of Central, west of 119th Street West) Project No. 472- 82591 $24,000 S.A. (Hold for development) 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. Motion carried -- carried 7 to 0. RESOLUTION NO. R-95- 297 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-88925 to serve Buckhead Addition (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: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-95- 298 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-88926 to serve Buckhead Addition (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: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-95- 299 Resolution of findings of advisability and Resolution authorizing construction of Lateral 349, Southwest Interceptor Sewer, to serve Buckhead Addition (north of Central, west of 119th Street West) Project No. 468-82477 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-95- 300 Resolution of findings of advisability and Resolution authorizing construction of Lateral 350, Southwest Interceptor Sewer, to serve Buckhead Addition (north of Central, west of 119th Street West) Project No. 468-82478, Phase II in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-95- 301 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Drain No. 114, to serve Buckhead Addition (north of Central, west of 119th Street West) Project No. 468-82479 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-95- 302 Resolution of findings of advisability and Resolution authorizing improving of Cedar park from the north line of Central Avenue North to Hickory, Hickory from the west line of Cedar Park to the northeast corner of Lot 1, Block C; Hickory from the west line of 119th Street West to the east line of Cedar Park, and; Cedar Park Circle from the north line of Hickory to and including the cul-de-sac, to serve Buckhead Addition (north of Central, west of 119th Street West), Project No. 472-82589 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-95- 303 Resolution of findings of advisability and Resolution authorizing improving of Hickory from the northeast corner of Lot 1, Block C, west to the west line of the Plat; Cedar park Circle from the south line of Hickory to and including the cul-de-sac and from the north line of Hickory to and including the cul-de-sac, and; Kenny Circle from the west line of Cedar Park Circle to and including the cul-de-sac, to serve Buckhead Addition (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: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-95- 304 Resolution of findings of advisability and Resolution authorizing improving of Central Avenue from the east line of Buckhead Addition to a point 390 feet west of the east line of Buckhead Addition, to serve Buckhead Addition (north of Central, west of 119th Street West) Project No. 472-82591 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. D-1692 D-1692 - GRANTING OF A UTILITY EASEMENT BY THE CITY OF WICHITA FOR A SITE SOUTH OF 13TH STREET NORTH AND WEST OF MERIDIAN. Agenda Report No. 95-565. MAPC Recommendation: Accept the dedication. A City owned property was recently approved as a separate building site by means of a Lot Split (L/S-0898). However, the City's ownership resulted in an existing home being cutoff from the adjacent sanitary sewer lateral. This easement is being granted in order to allow the existing home direct access to that sewer line. This easement needs to be signed by the Mayor as the City's representative for granting the easement. Motion -- Knight moved that the Dedication be accepted and the documents be recorded -- carried with the Register of Deeds. Motion carried 7 to 0. D-1693 D-1693 - DEDICATION OF A RIGHT-OF-WAY FOR ELLSON STREET LOCATED IN AN AREA NORTH OF KELLOGG AND EAST OF GREENWICH. Agenda Report No. 95-566. MAPC Recommendation: Accept the dedication. As a requirement of a lot split, (L/S-0901), five (5) feet of additional right-of-way for Ellson was obtained. At present, only 50 feet of right-of-way is available for this street. Motion -- Knight moved that the Dedication be accepted and the documents be recorded -- carried with the Register of Deeds. Motion carried 7 to 0. D-1694 D-1694 - DEDICATION OF A RIGHT-OF-WAY FOR ELLSON AND LEWIS STREETS IN AN AREA NORTH OF KELLOGG AND EAST OF GREENWICH. Agenda Report No. 95-567. MAPC Recommendation: Accept the dedication. As a requirement of a lot split (L/S-0901), five (5) feet of additional right-of-way was obtained for Ellson and Lewis Streets. Both streets in this area were platted with only 50 feet of right- of-way. Motion -- Knight moved that the Dedication be accepted and the documents be recorded -- carried with the Register of Deeds. Motion carried 7 to 0. D-1695 D-1695 - GRANTING OF A UTILITY EASEMENT IN AN AREA NORTH OF KELLOGG AND EAST OF GREENWICH. Agenda Report No. 95-568. MAPC Recommendation: Accept the dedication. As a requirement of a lot split (L/S-0901), an additional five (5) feet of utility easement was requested. The present easement which contains sanitary sewer and other utilities is below the present standard of 20-feet. Motion -- Knight moved that the Dedication be accepted and the documents be recorded -- carried with the Register of Deeds. Motion carried 7 to 0. D-1696 D-1696 - GRANTING OF A UTILITY EASEMENT BY THE CITY OF WICHITA FOR A SITE SOUTH OF 13TH STREET NORTH AND WEST OF MERIDIAN. Agenda Report No. 95-569. MAPC Recommendation: Accept the dedication. A City owned property was recently approved as a separate building site by means of a Lot Split (L/S-0900). However, the City's ownership resulted in an existing home being cutoff from the adjacent sanitary sewer lateral. This easement is being granted in order to allow the existing home direct access to that sewer line. This easement needs to be signed by the Mayor as the City's representative for granting the easement. Motion -- Knight moved that the Dedication be accepted; the Mayor be authorized to sign the Easement for the City; and the documents be recorded with the Register of Deeds. -- carried Motion carried 7 to 0. EXECUTIVE SESSION Motion -- Knight moved that the Council recess to executive session to consider personnel matters of non-elected personnel and matters relating to employer-employee negotiations, and the regular meeting be resumed at approximately 4:30 p.m. in -- carried the City Council Chambers. Motion carried 7 to 0. RECESS Council recessed at 2:40 p.m. and reconvened in regular session at 5:14 p.m. (The Council returned to Item 15 and action is shown in Agenda order.) ADJOURNMENT The City Council meeting adjourned at 5:18 p.m. Pat Burnett Deputy City Clerk JOURNAL 159 JULY 11, 1995 Page