MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, January 27, 1998 Tuesday, 9:05 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cole, Kamen, Lambke, Rogers; present. *Council Members Ferris, Gale; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Phil Miller, Trees for Life. 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 January 13, 1998, were -- approved approved 5 to 0. (Ferris, Gale; absent) AWARDS AND PRESENTATIONS *Council Member Gale present. RECOGNITION The West High School Football Team was recognized. *Council Member Ferris present. M. Samuel Kajese, the Minister of Protocol for Zimbabwe, was recognized. UNFINISHED BUSINESS Z-3242 Z-3242 - REQUEST FOR ZONE CHANGE FROM "SF-6" SINGLE-FAMILY RESIDENTIAL TO "OW" OFFICE WAREHOUSE LOCATED SOUTH OF 45TH STREET NORTH, 1/2 MILE EAST OF ROCK ROAD. Continued from January 13, 1998. Marvin Krout Director of Planning reviewed the Item. Council Member Gale momentarily absent. MAPC Recommendation: Approve, subject to platting within one year and subject to the additional provisions of a Protective Overlay. CPO Recommendation: Deny. Staff Recommendation: Approve, subject to platting within one year and subject to the additional provisions of a Protective Overlay. The applicant requested a zone change from "SF-6" Single- Family Residential to "OW" Office Warehouse for an unplatted 7.3 acre tract located south of 45th Street North, 1/2 mile east of Rock Road. The agent for the applicant has indicated that the location and configuration of the property makes this site better suited for the uses allowed in the "OW district. The preliminary site plan originally submitted as part of the request shows a 13,600 s.f., two-story office/warehouse located on the western half of the parcel, with six self-storage units situated along the eastern half of the property. The plan also showed a 10 foot landscape buffer along 45th Street and along the southern property line where adjacent to Willowbend's six-foot masonry wall, with a 5-foot wall easement buffering the site from the residential uses to the east. The applicant is proposing two 40- foot access drives along 45th Street. The request has met with opposition from area residents. Several protest petitions were received and several persons have since withdrawn their names from protest petitions. Concerns had been expressed regarding building scale, appearance, and use of the property. The applicant has reduced the buildings in height and scale; changed the appearance to add brick wainscoting and other materials with no metal buildings; and agreed to no outdoor storage of vehicles, boats, or other items. Council Member Cole momentarily absent. Motion -- Kamen moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC be denied based on the following Findings: 1. The request would be out of character with the surrounding neighborhood. 2. The applicants have not demonstrated that the property cannot be economically developed with single family units or office development under the current zoning classification. 3. There would be an adverse affect on property values of the closest residents. 4. Inconsistent with the development land use map and the Comprehensive Plan. 5. There is no evidence that the developers have attempted to sell the land. 6. There has been demonstrated substantial neighborhood opposition to the request. -- carried Motion carried 6-1. Ferris-No. NEW BUSINESS DOWNTOWN IMPROVEMENT PUBLIC HEARING ON DOWNTOWN SELF SUPPORTING MUNICIPAL IMPROVEMENT DISTRICT. (District VI) Council Member Kamen Council Member Kamen inquired regarding any possible conflict of interest he might have on this Item. Gary Rebenstorf Director of Law advised Council Member Kamen that he had no conflict of interest in this matter. Allen Bell Financial Projects Director reviewed the Item. Agenda Report No. 97-1112 A. The redevelopment and revitalization of the City's downtown area has been a high priority for the City and for the community as a whole for many years. In the last 10 years, starting with Blueprint 2000, the RTKL Plan and the DeBoer Plan, both the City and the private sector have embarked on an ambitious investment of resources in the downtown area. In conjunction with this effort, the Wichita/Sedgwick County Partnership for Growth (WI/SE) established a program area for downtown development with its mission to stimulate private sector investment and activities in the downtown area. With the elimination of WI/SE, its downtown activities were absorbed by the Chamber of Commerce and a new entity, the Wichita Downtown Development Corporation (WDDC), was formed. At the same time, an effort was launched to establish a Downtown Management District in order to provide a stable source of funding from the downtown business community to support and manage on-going development efforts. The proposed Downtown Management District is being implemented pursuant to state statutes that enable the establishment of Self Supporting Municipal Improvement Districts (SSMID) by petition of property owners from within the proposed district. The law requires that at least 25% of the owners of property within the district, and the owners of property comprising at least 25% of the total assessed valuation in the district, sign a petition asking the City Council to establish the SSMID. Upon presentation of sufficient petition, the City Council may adopt a resolution stating it is considering the establishment of a SSMID and setting a time for a public hearing on the matter. The WDDC has submitted a petition and requests that a public hearing be set for January 27, 1998. The proposed Downtown Management District has been described by its promoters as "a private sector initiative to manage and improve the downtown environment with services financed by a self-imposed and self-governed assessment on properties and/or businesses. Services can include economic development, marketing, parking, transportation, beautification, security, maintenance, planning and special events." The boundaries of the proposed management district describe three zones: Zone 1, which includes the east bank of the Arkansas River and one block either side of Douglas Avenue in the downtown area; Zone 1/Old Town, which is the Old Town Redevelopment District; and Zone 2, which is most of the rest of the Central Business District outside of Zone 1. The petition calls for a SSMID assessment of not to exceed 10 mills on the assessed value of all taxable property in Zone 1 and not to exceed 7.5 mills on taxable property in Zone 1/Old Town and Zone 2. In the event existing special assessments in Old Town are reduced by refinancing, the assessment for Zone 1/Old Town would be increased to not to exceed 10 mills. The petition also calls for a sunset of the management district after seven years, terminating on December 31, 2005. An Advisory Board is proposed for the purpose of developing and recommending assessments, budgets and policies for the management district to the City Council. It would be comprised of property owners and business owners from the various zones, as well as representatives from the City and the Downtown Wichita Association. The City Council will be responsible for adopting budgets and levying assessments for the District, however the petition calls for an initial annual budget of not to exceed $400,000 and annual increases thereafter to not exceed the annual change in the Wichita Consumer Price Index, or 3%, whichever is less. The business plan for the proposed Downtown Management District anticipates that the current contract for development services between the WDDC and the City will be continued for the term of the District in the amount of $150,000 per year. It also calls for the City to enter into a base level of services agreement, setting a policy of maintaining current levels of municipal services downtown for the life of the District. If the District is ultimately established, as requested by the petition, the first distribution of SSMID assessment revenues will not occur until January 1999. The WDDC and the Downtown Wichita Association (DWA) plan to provide funding for 1998 downtown management activities from voluntary contributions from downtown businesses and property owners based on a percentage of their first year's assessments, subscriptions from businesses and organizations outside of the District and from the City contract payments in 1998 in the amount of $150,000. The Law Department advises that the proposed base level of services agreement would violate the State's Cash Basis and Budget Laws unless the agreement explicitly states that it is made subject to the aforementioned Laws. The statutes pertaining to the establishment of a SSMID allow the City Council to adopt a resolution setting a public hearing on the establishment of the SSMID not less than 30 days nor more than 60 days following adoption of the resolution. The resolution must be mailed to all property owners in the proposed District and published twice in the City's official newspaper. After 30 days following the public hearing, the City Council may adopt an ordinance establishing the SSMID and setting forth the terms and conditions for its operation, governance, financing and termination. Council Member Rogers left the Bench. Harvey Sorenson Harvey Sorenson, representing downtown businesses in support of the Downtown Municipal Improvement District, reviewed the composition of the improvement district and the status of the various property owners. Support was gathered from 47 percent of those property owners eligible to sign a petition. The owners of 67 percent of the value of the properties signed the petition supporting the proposal. It is anticipated that $400,000 of the collected funds will be spent as follows: 30 percent on marketing; 25 percent on parking, signage, trolleys; 22 percent on economic development; and 18 percent on management and long-term issues. Harvey Sorenson, responding to questions, said the principle use of the $150,000 City contract payment fund is for the development of the 40 acres of city-owned property. If the City chose to cease funding that effort, the effort would not go forward. There would also be an attempt to supplement the funding from other sources. There would be some impact on other parts of the budget because the $150,000 is spent on other items in addition to staffing (marketing and overhead). The cost of the trolleys is partially supplemented. It is anticipated the trolley portion of the program would be run through the total downtown effort - the $700,000. There are two ways business owners can share in the cost. To the extent that they are not property owners, but are tenants, and the landlord has both the ability and the willingness, the taxes can be passed through as a tax adjustment. Council Member Rogers present. Council Member Kamen momentarily absent. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Jerry Jones Jerry Jones, representing Slawson Companies, spoke in support of the District. Warren Rensner Warren Rensner, representing the Midian Shrine, spoke in opposition to a mandatory tax. This would place an undue hardship on members. This would not provide any benefit to the fraternal organization and there is no money to pay additional taxes over the next several years. Donald Vaughan Donald Vaughan, owner of three properties in the District, spoke in opposition to the tax which he calculated would cost $964 per year for the next seven years. This is additional overhead that his competitors do not have. Mr. Vaughan said he attended a meeting held by the proponents of the plan but left with the feeling that there is a lack of a plan to complete the improvements. Mayor Knight momentarily absent with Vice Mayor Cole in the Chair. Vernon Just Vernon Just, 330 North Main, owner of six lots, spoke of concern regarding the petition. Most of the property in the area has been renovated and has adequate parking. The property values have been enhanced. A majority of the landowners in the quadrant bounded by Wichita Street, Broadway, Second, and Central are opposed to the petition. Regarding the legality of the petition, Mr. Just said most of the areas do not fall within the statute definition of an improvement. Also, once a taxing district is created, it usually does not go away. There is a feeling that, if this goes through, the taxes will be here to stay. Jerry Cole Jerry Cole, 323 North Market, said the Midian Shrine does not speak for the Shriners who own property in the district. Mr. Cole, a Shriner, owns property in the district and does encourage approval of the District. Richard Sanborn Richard Sanborn spoke in opposition and said there is a feeling that there is no good plan for what to do with the funds. This should be voluntary, not another taxing entity. Dr. Clarence Wiley Dr. Clarence Wiley, 221 South Topeka, said some of the concerns for downtown could best be met through mutual focus. If aspirations are to be reached, a coordinated effort is needed. This is for all of Wichita. Mr. Wiley urged approval. Mary Knecht Mary Knecht, Garvey Center, said downtown is everybody's neighborhood and spoke in opposition to a mandatory tax. There is the issue that of 129 original signatures, 14 of those are duplications and many have zero assessed values. Ms. Richardson Ms. Richardson, Epic Center Association, spoke in support of downtown efforts but not through ad valorem taxes. The efforts should continue through volunteerism. The premise that the landlords can pass on the tax is flawed as it will further hurt the office/retail market. Bob Wilson Bob Wilson, Kansas Paint & Color, said an additional tax is another obstacle, not an enhancement for the area, and asked that this be denied. Dr. Courtney Ruthven Dr. Courtney Ruthven, 401 East Douglas, spoke in favor of the District as a way of continuing a return of the City core to a viable area. Dr. Ruthven said she and her husband would continue to contribute one way or another but was asking for a vehicle to collect from those who will benefit in the area but would not otherwise give. Mike Relihan Mike Relihan, Chapman Securities, said he would continue efforts to improve downtown but that he was against additional taxes which would give little benefit for the amount of cost. Mr. Relihan said he has already lost lease tenants to areas on Rock Road. An additional tax will cause even more losses. Costs must be reduced and barriers must be removed. Mr. Relihan urged rejection of the taxing district and a move to voluntary participation. M. Meredith Hill M. Meredith Hill spoke in support of the downtown but by voluntary participation. Ms. Hill said Old Town should be run like a shopping center and that the heart and core of a viable area is office tenants. This plan does not address office tenants. Efforts should be by volunteerism or led by professionals. Anita Oberwortmann Anita Oberwortmann said it is hard to get people to volunteer. It is necessary to maintain the area and this will provide the mechanism. John Kendall John Kendall, owner of three properties, said he had again concluded that this will not benefit anyone. Willard Garvey Willard Garvey he is for a downtown management district through a voluntary organization, but not through forced taxes. This effort is set for failure because it is primarily politically driven, not market driven; it is autocratic, not participatory; and it is dominated by the Chamber of Commerce, not the membership. Mr. Garvey said new taxes will drive businesses away and asked that the Council veto this effort. Council Member Cole Council Member Cole, home and business at 323 North Market, spoke in support of the District. Council Member Cole said that with volunteer efforts, the same people volunteer time and money. Many who enjoy improvements and added value to their property are opposed to the effort. It is time for equal contributions from all who will benefit in the downtown area. Mayor Knight Mayor Knight said his experience leads him to a different conclusion. Generally, there has been decline in the downtown area due to increased taxes and costs. This effort is going in the wrong direction. Win/lose strategies are not the way to go. The answer to a vibrant downtown is not through higher taxes. Council Member Rogers left the Bench. Council Member Kamen Council Member Kamen said creating another taxing agency that will impose an additional tax on a large number of people who do not want it and feel they will not benefit is certainly not justified. Motion -- Knight moved that the public hearing be closed and March 3, 1998, be set as the date for considering an ordinance establishing a Downtown Self Supporting -- carried Municipal Improvement District. Motion carried 6 to 0. (Rogers absent) GO BOND/NOTE SALE GENERAL OBLIGATION TEMPORARY NOTE SALE AND GENERAL OBLIGATION BOND SALE Agenda Report No. 98-014 A. The City is planning to offer for sale two series of general obligation temporary notes totaling $41,742,000, a series of general obligation bonds totaling $5,360,000 for the purpose of providing temporary and permanent financing for capital improvement projects of the City, two series of general obligation bonds totaling $7,385,000 for the purpose of providing temporary and permanent financing for Tax Increment Finance (TIF) related projects of the City, one series of taxable general obligation bonds totaling $4,285,000 for the purpose of providing permanent financing for the Conference Center parking garage, and one series of taxable general obligation Capital Accumulator Bonds totaling $6,700,000 for the purpose of providing permanent financing for the Conference Center. The proceeds of the Series 194 Temporary Notes will be used to provide interim financing for various City-at-large and improvement district projects. The proceeds of the Series 195 Taxable Temporary Notes will provide financing for the Ice Rink. The proceeds of the Series 750 Bonds will be used to permanently finance various neighborhood improvements located in special improvement districts. The proceeds of the Series 950 and 952 Bonds will be used to permanently finance the Eastbank and 21st & Grove public improvements located within each respective Tax Increment district. The proceeds from the Series 951 Taxable General Obligation Bonds will be used to permanently finance the parking garage used in conjunction with the Conference Center and Hyatt Hotel. The proceeds from the Series 953 General Obligation Capital Accumulator Bonds will be used to permanently finance the Conference Center. The Series 194 Temporary Notes will mature August 27, 1998, and will be retired using the proceeds of both permanent financing bonds and renewal notes issued at that time. The Series 195 Taxable Temporary Notes will mature on August 27, 1998, and will be retired using cash and renewal notes. The Series 750 Bonds will mature serially over fifteen years and will be paid from special assessments that are levied against benefited property. The Series 950 and Series 952 Bonds will mature serially over fifteen years and will be paid from tax increment funds. The Series 951 Taxable Bonds will mature serially over fifteen years and will be paid from the collection of guest taxes from the Hyatt Hotel and from parking revenues guaranteed by the Hyatt Hotel. The Series 953 Taxable General Obligation Capital Accumulator Bonds will mature serially over fifteen years and will be paid from the collection of guest taxes from the Hyatt Hotel. The Series 750, 950, 951, and 952 Bonds will be callable in 2005 with a 1% call premium, in accordance with the City's debt management policy. The Series 953 Bonds are noncallable. Sealed bids were accepted until 10:30 a.m. CST at the City Council Office, at which time the bids were publicly opened. No bids were accepted after the 10:30 a.m. deadline. The bids were verified, tabulated and presented to the City Council. Ray Trail Director of Finance reviewed the low bids as follows: G.O. Improvement Temporary Notes, Series 194 - $35,950,000 Lehman Brothers - 3.6712 Net Average Interest Rate Total Interest Cost to Maturity at Rate Specified $768,181.59 Less Premium -104,614.50 Net Interest Cost to Maturity $663,567.09 G.O. Taxable Improvement Temporary Notes, Series 195 - $5,792,000 Nations Bank - 4.780110 Net Average Interest Rate Total Interest Cost to Maturity at Rate Specified $168,901.16 Less Premium -579.20 Net Interest Cost to Maturity $168,321.96 G.O. Bonds, Series 750 (S.A.) - $5,360,000 United Missouri Bank - 4.592986 Net Average Interest Rate Total Interest Cost to Maturity at Rate Specified $2,362,478.75 Less Premium - 0 - Net Interest Cost to Maturity $2,362,478.75 G.O. Bonds, Series 950 (East Bank TIF) - $6,000,000 United Missouri Bank - 4.668941 Net Average Interest Rate Total Interest Cost to Maturity at Rate Specified $3,267,792.08 Less Premium - 0 - Net Interest Cost to Maturity $3,267,792.08 G.O. Taxable Bonds, Series 951 (Parking Garage) - $4,285,000 Salomon Smith Barney - 6.50 Net Average Interest Rate Total Interest Cost to Maturity at Rate Specified $2,762,472.92 Less Premium - 0 - Net Interest Cost to Maturity $2,762,472.92 G.O. Bonds, Series 952 (21st & Grove TIF) - $1,385,000 United Missouri Bank - 4.614199 Net Average Interest Rate Total Interest Cost to Maturity at Rate Specified $604,363.96 Less Premium - 0 - Net Interest Cost to Maturity $604,363.96 G.O. Bonds, Series 953 (Capital Accumulator - Conference Center) - $6,700,000 Stifel - 6.73412703 True Interest Rate Total Proceeds $6,605,650.95 Underwriter's Discount -63,033.00 Net Proceeds to City $6,542,617.95 Council Member Rogers present. Council Member Ferris Council Member Ferris requested an East Bank comparison total dollar cost and differential. Motion -- Knight moved that the sale of the Bonds and Temporary Notes be awarded as outlined above; and the Declaration of Emergency be approved and the Mayor be authorized to sign; and the Ordinance be placed on its passage and adopted on the date of its introduction, all in accordance with K.S.A. 12-3001. Motion -- carried carried 7 to 0. ORDINANCE NO. 43-675 An Ordinance authorizing and providing for the issuance of General Obligation Renewal and Improvement Temporary Notes, Series 194, of the City of Wichita, Kansas, in the total principal amount of $35,950,000, for the purpose of providing the necessary funds to renew a portion of the principal amount of temporary notes previously issued for the interim financing of costs in connection with previously commenced capital improvements in the City, and for the interim financing of costs in connection with newly commenced capital improvements in the City; prescribing the terms and details of the notes; providing for the payment of the principal of and the interest on the notes; and making certain other covenants and agreements with respect thereto. Knight moved that the Ordinance be placed on its passage and adopted on the date of its introduction, all in accordance with K.S.A. 12-3001. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCE NO. 43-676 An Ordinance supplementing Resolution No. R-94-362, as amended by Resolution No. R-95-248, as amended by Resolution No. R-95-568, as amended by Resolution No. R- 97-096; authorizing and providing for the issuance of Taxable General Obligation and Improvement Temporary Notes, Series 195, of the City of Wichita, Kansas, in the total principal amount of $5,792,000, for the purpose of providing the necessary funds to pay costs in connection with the construction of an Ice Rink in the City; prescribing the terms and details of the notes; providing for the payment of the principal of and the interest on the notes; and making certain other covenants and agreements with respect thereto. Knight moved that the Ordinance be placed on its passage and adopted on the date of its introduction, all in accordance with K.S.A. 12-3001. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCE NO. 43-677 An Ordinance authorizing and providing for the issuance of General Obligation Bonds, Series 950, of the City of Wichita, Kansas, in the total principal amount of $5,360,000, for the purpose of providing the necessary funds to pay costs in connection with the making of capital improvements in the City; prescribing the terms and details of the bonds; providing for the levy and collection of an annual tax for the purpose of providing for the payment of the principal of and the interest on the bonds as it becomes due and payable; and making certain other covenants and agreements with respect to the bonds. Knight moved that the Ordinance be placed on its passage and adopted on the date of its introduction, all in accordance with K.S.A. 12-3001. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCE NO. 43-678 An Ordinance authorizing and providing for the issuance of General Obligation Bonds, Series 950, of the City of Wichita, Kansas, in the total principal amount of $6,000,000, for the purpose of providing the necessary funds to pay costs in connection with certain improvements in the East Bank Redevelopment District in the City; prescribing the terms and details of the bonds; providing for the payment of the principal of and the interest on the bonds as it becomes due and payable; and making certain other covenants and agreements with respect to the bonds. Knight moved that the Ordinance be placed on its passage and adopted on the date of its introduction, all in accordance with K.S.A. 12-3001. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCE NO. 43-679 An Ordinance authorizing and providing for the issuance of Taxable General Obligation Bonds, Series 951, of the City of Wichita, Kansas, in the total principal amount of $4,285,000, for the purpose of providing the necessary funds to pay costs in connection with the construction of a parking garage in the City; prescribing the terms and details of the bonds; providing for the payment of the principal of and the interest on the bonds as it becomes due and payable; and making certain other covenants and agreements with respect to the bonds. Knight moved that the Ordinance be placed on its passage and adopted on the date of its introduction, all in accordance with K.S.A. 12-3001. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCE NO. 43-680 An Ordinance authorizing and providing for the issuance of General Obligation Bonds, Series 952, of the City of Wichita, Kansas, in the total principal amount of $1,385,000, for the purpose of providing the necessary funds to pay costs in connection with the making of a certain improvement in the 21st and Grove Redevelopment District in the City; prescribing the terms and details of the bonds; providing for the payment of the principal of and the interest on the bonds as it becomes due and payable; and making certain other covenants and agreements with respect to the bonds. Knight moved that the Ordinance be placed on its passage and adopted on the date of its introduction, all in accordance with K.S.A. 12-3001. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCE NO. 43-681 An Ordinance authorizing and providing for the issuance of Taxable General Obligation Capital Accumulator Bonds, Series 953, of the City of Wichita, Kansas, in the total principal amount of $6,700,000*, for the purpose of providing the necessary funds to pay costs in connection with the construction of a Conference Center in the City; prescribing the terms and details of the bonds; providing for the payment of the principal of and the interest on the bonds as it becomes due and payable; and making certain other covenants and agreements with respect to the bonds. Knight moved that the Ordinance be placed on its passage and adopted on the date of its introduction, all in accordance with K.S.A. 12- 3001. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. IRB - INNES STATION ISSUANCE OF MULTI-FAMILY HOUSING REVENUE BONDS - INNES STATION PARTNERS, L.L.C) (District VI) Council Member Kamen declared a conflict of interest and left the Bench. Allen Bell Financial Projects Director reviewed the Item. On July 1, 1997, the City Council approved issuance of a Letter of Intent for Multi-Family Housing Revenue Bonds in an amount not to exceed $3.7 million to Innes Station Partners, L.L.C. On December 9, 1997, the City Council approved an increase in the amount of bonds to be issued to $4.1 million to provide for a bond reserve for the issue. The City Council also held a public hearing on the issuance of tax-exempt industrial revenue bonds as required by the Federal Internal Revenue Code. Bond sale proceeds will be used to finance a portion of the acquisition and renovation of an Old Town warehouse into an 80-unit multi- family housing project at 701 East First Street. Total estimated costs of the project, and the sources of funding are as follows: Sources of Funds Bond Proceeds $4,100,000 Tax Credit Bridge Loan 625,000 City HOME Loan 500,000 Total sources of funds $5,225,000 Uses of Funds Project Costs $4,376,113 Capitalized Interest 300,949 Bond Reserve 313,438 Manager's Operating Account 35,000 Cost of Issuance/ Underwriters' Fee 199,500 Total Uses of funds $5,225,000 The bonds will be issued as tax-exempt bonds and will be publicly offered to investors by Stifel Nicholaus & Co., Inc., of Wichita and Smith Hays Co. of Lincoln Nebraska. Bond counsel is the law firm of Gilmore & Bell, P.C., Wichita. Innes Station Partners has agreed to comply with the City's requirements for an EEO/AA, a Water Conservation Plan, and an Environmental Site Assessment prior to the issuance of the bonds. Innes Station Partners agrees to pay all costs of issuing the bonds and to pay the City's $2,500 annual administrative service fee for the term of the bonds. Innes Station Partners does not request an abatement of ad valorem property taxes. The City has also approved a $500,000 HOME Loan to Innes Station Partners and KDHE has allocated Low Income Housing Tax Credits to the project. Under the terms of the bond documents, payment of the HOME Loan from project revenues is subordinated to the payment of the bonds. Pending receipt of a firm commitment on the purchase of the tax credits, the developer will secure a "tax credit bridge loan" which will eventually be assumed by the purchaser of the tax credits. Until then, the HOME Loan will be subordinated to the bridge loan. The principals of Innes Station LLC will personally guarantee the bonds in their entirety during the construction period and then guarantee 50 percent of the bonds during the first five years of the project's operation. Mayor Knight momentarily absent with Vice Mayor Cole in the Chair. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the Bond Ordinance which will approve the bond documents for the issuance of Multi-Family Housing Revenue Bonds to Innes Station Partners, L.L.C., in the amount of $4.1 million be placed on first reading; and the subordination of the HOME Loan to the Bonds and to the tax credit bridge loan be -- carried approved. Motion carried 6 to 0. (Kamen absent) ORDINANCE An Ordinance authorizing the City of Wichita, Kansas, to issue its multi-family Housing Revenue Bonds, Series II, 1998 (Innes Station Apartments Project) in the aggregate principal amount of not to exceed $4,100,000 for the purposes of acquiring and renovating a multi-family rental apartment facility; authorizing execution of a trust indenture by and between the City and Intrust Bank, N.A., Wichita, Kansas, as trustee; authorizing the City to lease such facility to Innes Station Partners, L.L.C. and authorizing execution of a lease purchase agreement between said City and Innes Station Partners, L.L.C.; and authorizing the execution of a land use restriction agreement among Innes Station Partners, L.L.C., the issuer, and the trustee; and authorizing the execution of the bond purchase agreement for the bonds by and among the City, Innes Station Partners, L.L.C. and Stifel, Nicholaus & Company, Inc., as purchaser of the bonds, introduced and under the rules laid over. Council Member Kamen present. MUNICIPAL COURT JUDGE REPORT FROM THE JUDICIAL NOMINATING COMMISSION. Gary Rebenstorf Director of Law reviewed the Item. Agenda Report No. 97-1021 A. On November 25, 1997, the City Council appointed five members to the Judicial Nominating Commission. Members included both lawyers and non-lawyers. Appointees were: Eugene Anderson, William Cather, Nile Dillmore, Sheila Floodman and Tom Powell. Eugene Anderson was elected Chairman of the Commission. The Judicial Nominating Commission met four times to discuss nominations for Neighborhood Municipal Court Judge. The Commission is charged with nominating three individuals for this position for Council consideration. The first meeting was an organizational meeting on December 3, 1997. A meeting to discuss the interview process was held on December 22, 1997. The Commission interviewed ten candidates on January 5, 1998 and determined the three nominations on January 8, 1998. The three candidates nominated by the Commission are: Gregory D. Keith, Traci Lynn Rhone, and Richard Shull. There are no financial considerations as this position is included in the 1998 Budget. The appointment of the Neighborhood Municipal Court Judge is consistent with the ordinances of the City. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Bill Cather Bill Cather, 1920 South Hillside, said the case load in Municipal Court is leveling off and the court is now working through the back log of cases. This is partially due to the additional courts. The neighborhood court is a misnomer. Eighty percent of the cases heard are drug related and 20 percent are housing related. A decision needs to be made as to whether this is a compliance oriented neighborhood court or whether it is based on another philosophy. Today, on the docket are few landlord cases because the judge has stuck with the cases and has put violators in jail if they don't cooperate. This is done fairly. Those left on the docket are the elderly and windowed. The elderly cases are handled in the proper way. A big fine becomes a lien on the property which is eventually foreclosed and the fine is never paid. Mr. Cather said the Neighborhood Court needs to continue to operate as a compliance court and the philosophy needs to be maintained. During the Nominating Committee's deliberation of the candidates, there was a proposal made by incumbent Judge Shull that there ought to be some kind of partnership such as: manpower, provided by prisoners from the jail; trash truck or vehicle, provided by the City; and supervision and organization, provided by neighborhood organizations. This could be used as a way to clean-up properties that are otherwise unable to be cleaned up when fines will not work and jail terms will not solve the problem. This proposal bears consideration. Mr. Cather suggested Judge Shull be appointed to lead a task force of the neighborhood organizations, jail personnel, and City Staff to look into the recommended proposal. This method could be used to accomplish what is otherwise a problem. Garry Winget Garry Winget spoke in favor of the recommended process and said the social services would be glad to share in the process. Motion -- Knight moved that Richard Shull be appointed as Neighborhood Municipal Court Judge, such appointment to be effective as of January 27, 1998, and to expire on the third Monday of April, 2001. Further, the appointment is subject to and conditioned upon the execution of the Municipal Court Judge Agreement by the appointee and the City; and the Mayor be authorized to execute the Agreement. Council Member Cole Council Member Cole explained her vote on this issue as follows: Forty-five percent of the housing in violation of City Code lies in District VI and over 60 percent of the housing cases that go to Environmental Court are from District VI. Of those documented, 60 percent are rental properties, not properties owned by poor little old ladies. The effectiveness of the Environmental Court and its ability to work with neighborhood peer-to-peer groups and City inspectors are critical to the viability of many of Council Member Cole's neighbors. "I, along with the neighborhood groups which have written to you, my Council Members, or spoken with you, believe that this Court has been ineffective in achieving compliance and has not carried out the original purpose for which it was created. Furthermore, I do not see evidence that this Court has been willing to work with citizens who have come to the Court following attempts of their organizations, and that does include clean-ups, paint-outs, and the like, and City inspectors to work with property owners whose buildings have been seriously out of compliance with health, housing, and safety codes for some period of time. "Moreover, this Court has, according to an audit of the Court, shown preferential treatment favoring members of the legal profession, friends, and family in dispensing justice in cases where such treatment is in direct violation of the City's schedule of fines which provides direction for upholding the ordinance. "I believe that the judges of the Municipal Court are charged with observing the ordinances of the City and when directed to ensure equal treatment should do so. "For these reasons, I cannot support the motion and will be voting against the reappointment of Judge Shull." Council Member Lambke Council Member Lambke said he shared Council Member Cole's concerns about the enforcement of some of the conditions but the Report of the Judiciary Committee outlined some steps that the Council may take to get more desired results; therefore, he is in support of appointing Richard Shull. Mayor Knight Mayor Knight asked that Council Member Lambke meet with selected Staff persons and Richard Shull to ensure that there is a clear understanding as to the expectations. -- carried Motion carried 6 to 1. Cole - No. CITY COUNCIL AGENDA TRANSIT SYSTEM DISCUSSION OF TRANSIT SYSTEM. (Council Member Kamen) Council Member Kamen Council Member Kamen reviewed the Item. In June, 1997, the City Council took action to make the Wichita Transit System a city departmental operation. The City Council requested Council Member Kamen to review transit operations and work with City staff and others to develop a transit service in keeping with the goals of making the bus services efficient in primarily serving the transit-dependent residents. Council Member Kamen was asked to review all current routes and potential service enhancements and make recommendations to the City Council. Some of the goals established for evaluating the current system and considering a future system included: * System must be cost efficient and provide effective service within established budget. * Service is to be focused primarily on transit dependent. * Service must be financially feasible within a five year time frame. * Service must be convenient as possible and meet established mandates for service. * System must be improved with efficient bus replacement schedule. * The City's Trolley System would operate independent of the bus service. * Special service outside City will be self-supporting without City subsidy. Mr. Kamen, utilizing prior and current studies of the bus system, and ridership and financial information, reviewed numerous alternatives. Critical to all of the considerations is the fiscal impact of expanding routes, and adding (or reducing) service options. Base Service - Bus Routing: For purposes of understanding, the current bus system operates using seventeen (17) routes, six days/week (Monday- Saturday). Service hours are: 5:45 a.m. to 6:45 p.m. - Monday through Friday 7:00 a.m. to 6:00 p.m. - Saturdays During peak hours (5:45 a.m. to 8:45 a.m. and 3:45 p.m. - 6:45 p.m.) buses operate on a 30-minute basis. During the mid-day, and Saturdays (9:15 a.m. - 3:15 p.m.) Buses operate on a 60-minute basis. Paratransit services: Wichita Transit operates ADA mandated paratransit van service during the same operating hours (above) as regular bus service. The Transit Department provides 40 percent of all rides; it contracts with local service agencies to provide the remaining service, or 60 percent through a van- lease program. In evaluating bus service, all current routes and ridership was thoroughly examined along with the cost of service and level of ridership/use. Various system structures were studied; however, it was determined that, at least in the short term, the fixed route system should be continued in any system change. To facilitate review, various service alternatives (adjustments/enhancements) will be listed. For purposed of understanding, the Council can consider these as "add-ons" and service modifications to the base system (above). 1. ROUTE ADJUSTMENTS Over the past several years, major changes have been made in the frequency and coverage in bus service. A ridership study conducted in April, 1997, reflected changes in ridership patterns which required route adjustments. Expansion of employment and services necessitated some extensions of service to the outlying areas of the City. A modification of the current route structure is now necessary to improve service the transit dependent and target employment corridors and services. In conjunction with the route change proposals, the size of buses assigned to each route will be determined based on ridership volume. Small buses will be utilized on Rock Road, Riverside, and Meridian/West routes. The cost to implement the route adjustments proposed would be "cost neutral". ROUTE ENHANCEMENTS: Should the City Council wish to expand the proposed base service (above), and provide additional bus routes/service (30-minute peak headways and 60-minute mid-day headways), a cost of approximately $191,000 per route would be required, exclusive of fare income estimated at $29,300. Adding or expanding routes, especially in areas which have been annexed, would make significant improvements to the City's bus system. However, to make such routing changes would exceed the City's current subsidy of two (2) mills, including capital costs for additional buses. If the City Council chose to increase bus service to under- serviced areas of the City, it could do so by expanding three (3) existing routes and adding new buses to serve targeted areas in the west, south and east sections of the City. 2. NEIGHBORHOOD CIRCULATOR SERVICE In the evaluation of bus routes and service needs, an experimental structure was studied which would provide more convenient service to designated areas where ridership exists, but not in the numbers that would justify extending a larger bus route. This service, which would resemble a dial-a-ride or point/route deviation system, would be provided by a van vehicle and circulate through areas where bus transportation service needs warrant. The van service would connect to the main bus route system. This circulator system could be implemented on a one-year pilot program basis to determine use and cost benefits. If successful, additional service areas could be added. The estimated fare would be set at $2.00/trip; routes would be designed based on area service needs. Under this experimental service, one van would be scheduled to operate Monday through Friday only, from 6 a.m. to 7 p.m. The cost to implement this circular system in the northwest part of the City would result in a net increase of $94,245. 3. ADJUSTMENT IN FARES The current base fare for regular bus service is $1.00, with an additional $.25 for transfer using multiple buses/trips. The fare charged to special paratransit (van) service is $2.00. Fares were last increased in 1996. Revenues from the farebox account for approximately 29 percent of the total Transit budget. Transit experience indicates that when fares are increased there usually is a corresponding loss in ridership. During the evaluation of bus services, it was determined that fare increases may be necessary to implement enhancements. In considering fare adjustments, there are three options suggested: Option #1 - Maintain current fare for bus service. (There are indications that ridership is increasing over the losses which occurred in 1996 when service miles were reduced. An anticipated 5 percent increase is anticipated with current fares. Any increase in fares could alter this projection.) With no change in fare, a net increase is estimated at $55,575. Option #2 - Increase base bus fare by $.25 and van (paratransit) service $.50. (An increase would maintain present system of fare box collections; however, it is anticipated that some loss in ridership might occur.) An increase in fares under this option is estimated to increase net revenues by $97,080. Option #3 - Change fare system to a flat or single fare, per ride basis - $.75+ (Under this option, the rider would be charged on the number trips. This option, being experimental, would provide for the possibility of some riders that use only one bus (one trip) to have a reduction in current fare, while others that must transfer or take two or more buses, to pay more. This fare structure may not impact ridership and could be an incentive to increase ridership. There would be operational savings by the elimination of transfers. ) Changing to a flat fare would result in an estimated new increase in net revenues of $49,249. 4. DISCOUNT FARE PROGRAM FOR ELIGIBLE RIDERSHIP During past City Council discussions, there was some interest in examining the possibility of providing a discount or subsidy program for the lower income riders. That is, reducing the subsidy to the system, and provide a financial discount to those who cannot afford the increase in fares. This program would, essentially, subsidize rides and not the bus system. Appropriations from Community Development Block Grants or other funds could be utilized to pay for vouchers to offset any fare adjustment for eligible (low income) riders. Half-Fare Program: Currently, a discounted fare program exists for the elderly and disabled citizens are eligible for the Half-Fare Program. This program is federally mandated and provides that transit systems charge no more than half the regular fares to eligible elderly and disabled income persons. There are 1,271 disabled/Medicare enrollees and 631 elderly citizens using this half-fare benefit. This program requires regular review and validation because of the significant impact on the transit budget. If this program could be limited to off peak periods (mid-day periods only 9 a.m. to 4 p.m.), a projected increase of operating revenue of $35,000 could be expected. [* Based on 10% shift in current half-fare riders from peak ridership periods to mid-day.] Past surveys have identified approximately 60 percent may qualify for low income privileges, if offered. The half-fare program amounts to about 27 percent of total ridership. Establishing a new discounted subsidy fare, together with the half-fare program, would create a financial hardship for the system because it would more than double the existing fare reduced program. If a discounted fare program is to be established, an eligibility criteria would be required together with an administrative process to handle eligible bus riders. Based on the estimated (eligible) low income riders, the net operating impact to implement an expanded discount fare program would cost $233,880, exclusive of processing costs. The City Council has previously voted to allocate $46,000 Community Development Block Grant funding for transit assistance (income pass system), or transit related costs benefiting low and moderate income ridership. 5. INCREASE FREQUENCY OF BUS SERVICE To meet budget constraints, the transit service hours have been reduced during the non-peak hours of the day. These hours are from 9:15 a.m. through 3:15 p.m. weekdays. If bus service is increased to a 30-minute headway on all routes, it would result in a significant expense without a corresponding increase in ridership or fare increase. Several options exist for consideration: Option #1 - Provide a 30-minute headway service for all seventeen routes during weekdays. (This level of service would be enhanced over the service existing prior to 1996. This would increase service hours approximately 35 percent and have an impact on bus maintenance costs.) Estimated cost to extend this service would be $711.835. Option #2 - Provide a 30-minute headway service on ten (10) of the major routes. (Restoring ten routes with 30-minute headway service would target the highest ridership routes. A possible ridership increase might result.) Estimated cost to extend this service would be $418,725. 6. DECREASE FREQUENCY OF ROUTES This option would discontinue 30-minute bus service during peak hours of the day. Benefits would be primarily economic; however, some routes would be at capacity of the present buses. Reduced frequency would reduce ridership and fare income. The net anticipated savings from going from a 30-minute headway to a one-hour bus service throughout the system would amount to $516,000. 7. DISCONTINUE SATURDAY BUS SERVICE Under this option, all Saturday bus services would be eliminated. Currently, 17 fix routes and three (3) special service vans operate on Saturday, 7 a.m. to 5 p.m. Recent ridership surveys indicated that an average of 2,400 trips are made on Saturdays, representing about 57 percent of an average weekday trip load. Elimination of Saturday service would reduce operational costs and/or allow more enhanced weekday service options. The anticipated operation cost reduction would be $255,320. With a projected loss of passenger fares, the net reduction would be approximately $140,000. 8. ADDITIONAL BUS SHELTERS From ridership surveys, more shelters along some bus routes have been suggested. Enhancing the system with the addition of fifteen (15) shelters on routes with higher ridership would be considered an improvement to the system. Adding additional shelters would add slightly to the overall maintenance and upkeep of these facilities. The estimated cost for this shelter enhancement would be $12,000 (local share), exclusive of annual maintenance costs of $4,200. 9. EXPAND BUS SERVICE - CONTRACTING WITH MAJOR EMPLOYERS The Wichita Transit system has the operational capabilities to provide location and time specific transportation services to employers and organizations. Expanding such service may assist in the support of the overhead to sustain efficient bus service. Such service may include: A) Transportation contracts with SRS in support of "Welfare to Work" programs. B) Service contracts with private employers for express service to and from designated locations. C) Service to surrounding municipalities. Costs would be dependent upon need and desired service and would be expected to be self-supporting. Capital costs would be approximately $90,000/route, with an estimated $92,000/route annually. 10. IMPLEMENTING TECHNOLOGY IMPROVEMENTS TO SYSTEM To make the system more efficient and provide the management and fiscal controls desired, certain purchases of equipment would be required. An electronic fare collection system would improve fare monitoring, improve security, auditing and cash reconciliations, and reduce the time required for these manual tasks. Adding an automated vehicle location system would significantly improve route management and scheduling efficiencies. Costs for this equipment qualifies for federal FTA 80-20 matching funds. The estimated cost to the City would be $155,000. The plan to finance the Wichita Transit system anticipates that property tax levy support will remain constant at two (2) mills (adjusted annually for the underlying growth in assessed valuation, and that the labor contract settlement will result in phase-in of increased wages/benefit costs. The City's adopted 1998-99 budget recommended that capital costs for the transit system be financed from the City's Capital Improvement Program, rather than continue to compete with operational costs of the system. Debt service on new capital costs for transit facilities and equipment will be programmed and paid from the Debt Service Fund. Farebox and federal grant support are expected to remain stable. Depending upon the actions of the City Council to modify the current transit operations, the Transit Fund is projected to maintain a modest, but positive cash balance over the five (5) year planning period. This report is being provided to the City Council to provide various options for consideration in establishing a short-term or five-year transit plan. Options for enhancing services are provided, along with possible savings by reducing current operations or expanding revenue options. The objective of this report is to stimulate discussion and arrive at a consensus as to the type of system and budget the governing body is willing to establish for its public bus system. Council Member Kamen's recommendations to the City Council: After a great deal of study and evaluation of various data, including ridership, financial information, route services, and other studies involving the City's transit services, the following recommendations are being made. These recommendations are within the established goal of staying within the established 2-mill property tax subsidy of the transit system. While a number of service adjustments could be made in the bus system that may improve the current system, to do so would require a significant expense and added General Fund subsidy. The proposed service levels will serve the transit-dependent. The report provides the City Council with choices, should it wish to expand or reduce service levels. Costs (or savings) are noted in conjunction with each adjustment/enhancement. 1. Accept the base service, as noted Monday through Saturday. 2. Implement the Neighborhood Circulator Service ( Item #2) as a pilot program with a 90-day evaluation to determine use and success. If the Circulator Service is not used, it should be discontinued. 3. Increase base bus fare $.25 and van (paratransit) service $.50 (Option #2). 4. Direct Staff to evaluate and provide recommendations to the City Council on a workable income pass program for low income riders to reduce the impact of a fee increase within the CDBG allocation. 5. Add additional bus shelters (Item #8) on higher ridership routes, as funding becomes available. 6. Authorize the marketing of transit services to large employer/organizations (Item #9) on a self-supporting basis. 7. Approve technology improvements and fund within the City's Capital Improvement Program (Item #10). 8. Refer the above recommendations to the Wichita Transit Advisory Board for public hearing. Motion -- Kamen moved that the recommendations be referred to the Wichita Transit Advisory -- carried Board for public hearing and recommendations. Motion carried 7 to 0. ADDENDUM ITEM LEGISLATION OPPOSITION RESOLUTIONS OPPOSING LEGISLATION. Gary Rebenstorf Director of Law reviewed the Item. Mayor Knight momentarily absent with Vice Mayor Cole in the Chair. Agenda Report No. 98-066. Two major pieces of legislation are under consideration by the U.S. Congress. The Internet Tax Freedom Act would pre-empt the ability of the state and local governments to collect existing, as well as future taxes on Internet transactions and on-line services. The National League of Cities, together with other organizations have opposed such actions, arguing that the bill interferes with state and local sovereignty and would lead to unfair competition. The other legislation (H.R. 1534) referred to as Federal Takings Pre- emptions of Historic & Traditional State and Local Authority, would pre-empt historic and traditional state and local land use and zoning authority by mandating new Federal standards on local government regulation of land use. The legislation would also expand litigation and liability against local governments and its taxpayers in federal court. Both bills would have significant fiscal impact upon the City and would violate the principals of home rule authority of state and local governments. Mayor Knight Mayor Knight said the Resolutions should be sent with a letter which states, strongly, the City's opposition. Motion -- Knight moved that the Resolutions be adopted and transmitted to the Congressional -- carried delegation. Motion carried 7 to 0. RESOLUTION NO. R-98-011 A Resolution opposing the Internet Tax Freedom Act, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-012 A Resolution opposing the Private Property Rights Implementation Act of 1997, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. PROCLAMATION PROCLAMATION. -- Doctor's Appreciation Day Motion -- carried Knight moved that the proclamation be authorized. Motion carried 7 to 0. APPOINTMENTS BOARD APPOINTMENTS (FOR TERMS EXPIRING JUNE 30, 1999) Board of Appeals of Air Conditioning, Refrigeration, Warm Air Heating and Boilers (2 appointments - Mobile Home Mechanic and Architect - Council at large) Commission on the Status of People with Disabilities (6 appointments - Cole, Ferris, Gale, Kamen, Knight-2) Group Life Insurance Board (2 appointments - Council at large) Library Board (2 appointments - Cole, Gale) Sister Cities Advisory Board (1 appointment - Knight) Wichita Athletic Commission (3 appointments - Council at large) Wichita Commission on the Status of Women (2 appointments - Kamen, Lambke) Motion -- Ferris appointed Sally Huber (Disabilities) and moved that the appointment be -- carried approved. Motion carried 7 to 0. Motion -- Cole appointed Gerald Layman (Library) and moved that the appointment be -- carried approved. Motion carried 7 to 0. Motion -- Gale appointed Carmelita Lane (Disabilities) and Skeets Winkler (Library) and -- carried moved that the appointment be approved. Motion carried 7 to 0. (Later in the meeting the Council returned to the appointments and action is shown below.) Motion -- Knight moved that the rules be set aside and the appointments be reconsidered. -- carried Motion carried 7 to 0. Motion -- Knight appointed Martha Bruce (Sister Cities) and moved that the appointment be -- carried approved. Motion carried 7 to 0. APPOINTMENT TO THE WICHITA-SEDGWICK COUNTY BOARD OF HEALTH It is necessary that a certified veterinarian be appointed to the Board for a term expiring June 30, 1999. Council Member Cole Council Member Cole said there is a veterinarian used as a consultant and that she is reluctant to ask her appointee to step down. Council Member Cole suggested the City move to change the requirement to have a veterinarian on the Board. Motion -- Knight moved that Sedgwick County be asked to support the City in amending the -- carried Ordinance to eliminate the veterinarian category. Motion carried 7 to 0. NOTICE OF VACANCY - BOARD OF ZONING APPEALS One vacancy (Knight), due to the nonattendance of Doug Malone, for a term expiring June 30, 1999. Appointment will be made February 10, 1998. CONSENT AGENDA Knight moved that the Consent Agenda, except Items 12 and 27c, 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 JANUARY 20, 1998 AND JANUARY 26, 1998. At 10:00 a.m., Friday, January 16, 1998, 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 January 20, 1998) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Water Supply Line in 29th Street North from Ridge Road to Hoover and in Hoover from 29th Street North to 25th Street North (29th & Hoover). (448- 89189/635433/544643) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 01-14-97) (District V) WB Carter Construction Co., Inc. - $431,000.00 Red Brush (south of 21st Street, east of Rock) Wilson Farms, Bradley Fair Second & Bradley Fair Third Additions from the north line of Wilson Estates Parkway to the south line of 21st Street; Wilson Estates Parkway from the east line of Bradley Fair Parkway to the east line of Red Brush; Deceleration Lane for east- bound traffic; Left Turn Lane for west-bound traffic on 21st Street for entrance to Red Brush, and; Sidewalks on the west side of Red Brush from the north line of Wilson Estates Parkway to the south line of 21st Street, and on the north side of Wilson Estates Parkway from the east line of Bradley Fair Parkway to the west line of Red Brush. (472-82843/764415/490544) Traffic to be maintained through construction. (Council approval date 7-1-97) (District II) Cornejo & Sons - $528,786.55 Knight moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign for the City. Motion carried 7 to 0. At 10:00 a.m., Friday, January 23, 1998, 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 January 26, 1998) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Water Distribution System to serve part of Smithmoor Seventh Addition (south of Harry, east of Webb Road). (448-89192/734236/470501) Does not affect existing traffic. (Council approval date 9-16-97) (District II) WBW Contractors - $21,704.00 Honeytree from the north line of Smithmoor Seventh Addition, south to and including cul-de-sac; Brandon from the north line of Smithmoor Seventh Addition south to and including cul-de-sac; and Mt Vernon from the west line of Lot 1, Block 2, Smithmoor Seventh Addition to the east line of Lot 1, Block 3 to serve Smithmoor Seventh Addition (south of Harry, east of Webb). (472- 82859/764696/490571) Does not affect existing traffic. (Council approval date 9- 16-97) (District II) Cornejo & Sons - $103,550.50 Wilson Estates Parkway from the east line of Red Brush to the east line of Lot 2, Block 9, and Sidewalk on the north side of Wilson Estates Parkway from the east line of Red Brush to the east line of Lot 2, Block 9 to serve Wilson Farm Addition (south of 21st Street, east of Rock Road). (472-82846/764597/490562) Does not affect existing traffic. (Council approval date 7-1-97) (District II) Cornejo & Sons - $214,870.75 1997 Main Replacement Program - Group I (Sleepy Hollow) (north of Douglas, east of Hillside). (448-89194/634808/544135) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 1-14-97) (Districts I and II) Utility Contractors - $862,114.90 Knight moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign for the City. Motion carried 7 to 0. WATER & SEWER DEPARTMENT/SEWAGE TREATMENT DIVISION: Fine-Bubble Diffusion Equipment (624007) Water Pollution Control Corporation - $699,900.00 (Total Net Bid) FIRE DEPARTMENT/VEHICLE & BUILDING MAINTENANCE DIVISION: Self-Contained Breathing Apparatus Testing Machine (791897) Roberson Fire & Safety, Inc. - $15,300.00 (Total Net Bid) Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid, and the necessary signatures be authorized. Motion carried 7 to 0. (Item No. 12) LICENSE APPLICATIONS APPLICATIONS FOR LICENSES FOR ADULT ESTABLISHMENTS/SERVICES. Renewal Miracle Watson Betti Le Boop 5860 South Broadway Tamette C. Williams Skanners 4853 South Hemlock Motion -- Lambke moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 7 to 0. Showgirls 7603 East Harry (New Location) OCI denied the license because the location does not meet the 500' from a residential zoning district (it is only 450 feet). Motion -- carried Lambke moved that the denial of license be approved. Motion carried 7 to 0. APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1998 (Consumption on Premises) Terrance L. Houck Terry's Place 1007 East Pawnee Marla M. Hayden Buck's at Kellogg, Inc.* 583 South West Street Vincent Dunn Old Town Barbeque* 111 North Washington Nancy E. Parish Artichoke Sandwich Bar* 811 North Broadway Janice K. Vega La Familia* 945 West 31st South Condy R. Newby Tenth Street Tavern 355 West 10th Street (Consumption off Premises) Candace L. Buckley Zip-Eze, Inc. 1718 George Washington Blvd Terri L. Bertschy Sam's Club #6418 3415 North Rock Road Wayland Waggoner Albertsons #2211 2101 North Rock Road Wayland Waggoner Albertsons #2212 8714 West 13th Street Wayland Waggoner Albertsons #2213 1607 South Georgetown Wayland Waggoner Albertsons #2214 3137 South Seneca Wayne G. Anderson Crossroads 66 #27080 7136 West Central Wayne G. Anderson North Seneca 66 #27645 515 North Seneca New Establishment 1998 (Consumption on Premises) Ruben Acosta Ruben and Anita's Tacos* 835 East First Street (Consumption off Premises) Dwayne Kahns K & F Distributors dba Sunrise Amoco 6327 East 13th Street *General/Restaurant -- 50% or more of gross receipts derived from sale of food. Motion -- Lambke 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. University Court to serve University Court Third Addition (north of University, west of Leonine). (472-82737/763847/490-487) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 7- 2-96) (District IV) b. Newell from Sheridan to Mt. Carmel (south of Central, east of West Street). (472-82790/764159/490-518) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 01-14-96) (District IV) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., January 30, 1998. Motion carried 7 to 0. c. 900 mm Water Line in Meridian, Burton to Newell; 200 mm Main Replacement in Meridian; and 200 mm Sewer Reconstruction in Meridian (in Meridian from Maple to Central).(448-89059/448-89232/468- 82803/633678/634931/621821/544801/544148/533-29 3) One-way north-bound traffic to be maintained at all times. (Council approval date 1-14-97/1-14-97/1-7-97) (Districts IV & VI) d. 1997 Main Replacement Program - Oaklawn (west of K-15 at 47th Street South). (448-89209/634873/544-142) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 1-14-97) (District n/a) e. Lateral 388, Southwest Interceptor Sewer to serve Unplatted Tract (north of 55th Street South, west of Meridian). (468- 82790/743344/480-425) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 12-9-97) (District IV) f. Intersection Modifications at Mid Continent Road and Taft (south of Maple at Ridge Road). (472-81897/760330/490-135) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 12-19-89) (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., February 6, 1998. Motion carried 7 to 0. SUBDIVISION PLANS AND SPECIFICATIONS. a. Water Distribution System to serve Wheatland Addition (south of MacArthur, west of Hoover). (448-88692/734251/470503) Does not affect existing traffic. (Council approval date 4-6-93) (District n/a) b. Water Distribution System to serve Prairie Woods Addition (north of Pawnee, east of Maize. (448-88903/734269/470504) Does not affect existing traffic. (Council approval date 3-21-95) (District 5) c. Lateral 36, Main 15, Southwest Interceptor Sewer to serve Barrington Second Addition (south of 21st, west of Ridge). (468- 82781/743328/480423) Does not affect existing traffic. (Council approval date 10- 28-97) (District 5) d. Lateral 321, Southwest Interceptor Sewer to serve Wheatland Addition (south of MacArthur, west of Hoover). (468- 82291/743336/480424) Does not affect existing traffic. (Council approval date 4- 6-93) (District n/a) e. Lateral 347, Southwest Interceptor Sewer to serve Prairie Woods Addition (north of Pawnee, east of Maize). (468- 82464/743351/480426) Does not affect existing traffic. (Council approval date 3- 21-95) (District 5) f. Red Brush/Paddock Green from the south line of Wilson Estates Parkway to the north line of Reserve "V"' Red Brush Court from the east line of Red Brush to and including the cul-de-sac, serving Lots 3 through 15, Block 4' Paddock Green Court from the east line of Paddock Green to and including the cul-de-sac, serving Lots 1 through 5, Block 9' Paddock Green Court from the east line of Paddock Green to and including the cul-de-sac serving Lots 6 through 31, Block 9, and' Sidewalk on the east, north and west sides of Red Brush/Paddock Green from the south line of Wilson Estates Parkway to the north line of Reserve "V" to serve Wilson Farms Addition (South of 21st, east of Rock). (472- 82844/764456/490548) Does not affect existing traffic. (Council approval date 7- 1-97) (District 2) 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., February 6, 1998. Motion carried 7 to 0. PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. (Amended) Water Distribution System to serve Country Meadows West Addition and Bay Country Addition (88212)(south of Central, west of 119th Street West) (along Central, west of 119th Street West). (448-89086/448- 88212/733774/734-178) - $55,822.00 b. Water Distribution System to serve Vanview Addition (north of 53rd Street North, east of Meridian). (448-89188/734087/470-486) Does not affect existing traffic. (Council approval date 8-19-97) (District VI) - $3,000.00 c. Water Supply Line in 29th Street North from Ridge Road to Hoover and in Hoover from 29th Street North to 25th Street North (29th & Hoover). (448- 89189/635433/544-643) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 01-14-97) (District V) - $558,904.00 d. Storm Water Sewer No. 486 and Detention Pond to serve Maple Dunes Addition (north of Maple, west of 135th West). (468-82717/751016/485- 137) Does not affect existing traffic. (Council approval date 7-1-97) (District V) - $235,400.00 e. Storm Water Sewer #489 to serve Wilson Farms Addition (south of 21st Street North, east of Rock Rd). (468-82742/751073/485-142) Does not affect existing traffic. (approval date 7-1-97) (District II) - $220,420.00 f. (Amended) Bicycle/Pedestrian path along Woodlawn/Gypsum Creek/Armour Ditch, from Mt. Vernon to Douglas, Phase I (along Gypsum Creek and Armour Ditch from Woodlawn to Douglas). (472-82572/472- 82573/706127/706135/405166/405-167) Traffic to be maintained through construction. (Council approval date 3-14-95) (District II) - $483,266.00 g. Bicycle/Pedestrian Path along the east side of McLean Boulevard from Central to 13th Street (along McLean and the Arkansas River from Central to 13th Street). (472-82619/785485/440-079) Traffic to be maintained through construction. (Council approval date 12-19-95) (Districts IV and VI) - $291,000.00 h. Keith from the south line of Lot 42, Block 1, north to the south line of 29th Street North; and on Brookridge from the south corner of Lot 3, Block 2, north to the west line of Keith; and on Wedgewood from the east line of Keith, east to the northeast corner of Lot 41, Block 3; Keith Courts adjacent to Lots 35 through 42, Block 1, Lots 45 through 51, Block 3, Lots 1 through 8, Block 4 on Wedgewood Court adjacent to Lots 9 through 15, Block 4 on Brookridge Court adjacent to Lots 30 through 33, Block 1 on Brookridge court adjacent to Lots 11 through 24, Block 1; On Brookridge Court adjacent to Lots 1 through 7, Block 1 of said addition. Sidewalk to be installed along one side of Keith along the east line of Reserve A, along the west line of Reserve C, along one side of Wedgewood, along one side of Brookridge, and within Reserve D(west of Tyler, south of 29th Street North) Bradford North Addition. (472- 82681/764605/490-563) Does not affect existing traffic. (Council approval date 2- 13-96) (District V) - $885,000.00 i. Greenwich, Central to Kellogg. (472-82738/706390/405- 193) Does not affect existing traffic. (Council approval date 4-8-97) (District n/a) - $1,070,000.00 j. Douglas and Maple Dunes from the west line of Maple Dunes Addition to the northern most lot corner of Lot 1, Block 4; Burton from the west line of said Maple Dunes Addition to the west right-of-way line of Maple Dunes; Angela from the north line of Douglas to the northwest corner of Lot 1, Block 2, Maple Dunes Addition; Maple Dunes Courts adjacent to Lots 18 through 38, Block 2; Burton Court from the north line of Burton to and including the cul-de- sac, and; Angela Circle from the south line of Douglas to and including the cul- de-sac, Maple Dunes Addition (north of Maple, east of 135th Street West) Maple Dunes Addition. (472-82830/764647/490-566) Does not affect existing traffic. (Council approval date 07-01-97) (District V) - $693,000.00 k. Red Brush (south of 21st Street, east of Rock) Wilson Farms, Bradley Fair Second & Bradley Fair Third Additions from the north line of Wilson Estates Parkway to the south line of 21st Street; Wilson Estates Parkway from the east line of Bradley Fair Parkway to the east line of Red Brush; Deceleration Lane for east-bound traffic; Left Turn Lane for west-bound traffic on 21st Street for entrance to Red Brush, and; Sidewalks on the west side of Red Brush from the north line of Wilson Estates Parkway to the south line of 21st Street, and on the north side of Wilson Estates Parkway from the east line of Bradley Fair Parkway to the west line of Red Brush. (472-82843/764415/490-544) Traffic to be maintained through construction. (Council approval date 7-1-97) (District II) - $780,840.00 l. Meadowpark from the south line of 29th Street North to the west line of Tyler Road; Meadowpark Courts from the west line of Meadowpark to and including cul-de-sac, and from the north line of Meadowpark to and including cul-de-sac (south of 29th Street, west of Tyler) Bradford North Third Addition. (472- 82852/764555/490-558) Does not affect existing traffic. (Council approval date 07-08-97) (District V) - $392,690.00 m. Kellogg/West Landscaping, Planting, Irrigation and Paving (Kellogg and West Street). (/701227/) Does not affect existing traffic. (Council approval date 2- 13-94, District IV) - $839,454.56 Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 7 to 0. BOARDS MINUTES MINUTES OF ADVISORY BOARDS. Board of Zoning Appeals, 11-18-97 CPO Northeast Council 1, 1-12-98 CPO East Council 2, 1-12-98 CPO Southwest Council 4, 1-8-98 CPO Northwest Council 5, 1-14-98 Commission on the Status of Women, 1/7/98 Historic Preservation, 12-8-97 Metropolitan Area Planning Commission, 12-15-97 Sister Cities Advisory Board Minutes, 12-5-97 Wichita Airport Authority, 12-15-97 Wichita-Sedgwick County Alcohol & Drug Abuse Advisory Board, 1-8-98 Wichita Traffic Commission, 12-17-97 Wichita Transit Advisory Board, 12-20-97 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 7 to 0. STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. Agenda Report No. 98-065. On April 29, 1997, the City awarded a contract to Wildcat Construction Company, Inc. to construct the Kellogg/Oliver Interchange. On January 27, 1998, the north Kellogg frontage road, between Waverly and Ridgecrest, will be closed to through traffic. Local access to adjoining properties that have driveways on the frontage road will be provided. The closure is required to reconstruct the frontage road and after it is reconstructed, it will be used to carry westbound Kellogg traffic until the summer of 1999. Motion -- carried Knight moved that the street closure be approved. Motion carried 7 to 0. CLAIMS ALLOWED REPORT REPORT ON CLAIMS ALLOWED - DECEMBER, 1997. Name of Claimant Amount Minde Johnson $10.00 Motion -- carried Knight moved that the Report be received and filed. Motion carried 7 to 0. RESPREAD SPECIALS AGREEMENT TO RESPREAD SPECIAL ASSESSMENTS IN LARK SIXTH ADDITION (SOUTH OF KELLOGG, WEST OF LARK LANE). (District V) Agenda Report No. 98-054. The developer, Kick'N Development Corporation, platted Lark 6th Addition and has submitted Agreements to respread special assessments within the addition. The land was originally included in numerous improvement districts for a number of public improvement projects. The purpose of the Agreements is to respread Special Assessments on an equal share basis for each lot. Without the Agreements, the assessments will be spread on a square foot basis. The Agreements 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. CONSULTANT ENGINEER AGREEMENT FOR DESIGN SERVICES FOR PRAIRIE WOODS ADDITION. (District V) Agenda Report No. 98-055. The City Council approved the Prairie Woods Addition plat on March 21, 1995. The proposed Agreement between the City and Mid-Kansas Engineering Consultants, Inc. (MKEC) provides for the design of Lateral 347, Southwest Interceptor; Storm Water Sewer No. 461; Water Distribution System Number 448- 88903; and paving Stafford Court, and Stafford Circle (north of Pawnee, east of Maize). Because MKEC provided subdivision engineering services for this addition, it can expedite construction plan preparation. Payment will be on a lump sum basis of $21,080.00 and will be paid by Special Assessments. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. EMERGENCY SHELTER KANSAS EMERGENCY SHELTER GRANT PROGRAM CONTRACT AMENDMENTS. Agenda Report No. 98-056. On November 19, 1996, the City Council approved contracts with the United Methodist Urban Ministry (UMUM) and the Young Women's Christian Association (YWCA) which provided Kansas Emergency Shelter Grant Program (KESGP) funding for essential services projects. The UMUM project expanded services under its Second Mile Transportation Program and the YWCA project provided child care and bus transportation services. Both projects were successfully completed in accordance with the City's approved 1996 KESGP Grant. Through this grant U.S. Department of Housing and Urban Development (HUD) funds are provided by the Kansas Department of Commerce and Housing (KDOC&H). A total of $1,674.25 in 1996 KESGP essential services funding is available to provide additional financing for these projects. This funding needs to be expended on essential services activities that occurred prior to the October 17, 1997 grant termination date. Both the UMUM and YWCA essential services projects have qualifying activities. The contract amendments before the Council increase the UMUM and YWCA contract funding levels by a total of $1,674.25 (the YWCA contract by $460.30 and the UMUM contract by $1,213.95). The YWCA amendment also extends its contract through October 16, 1997. No other contract provisions are changed. These contract amendments allow both agencies to use available KESGP funds for valid project expenditures and to free up agency funds for additional homeless services. The contract amendments are allowable under KDOC&H grant guidelines. The maximum amount for the UMUM contract is increased to $12,213.95 and the maximum amount for the YWCA contract is increased to $12,083.30. These KESGP funds are available under the Stewart B. McKinney Homeless Assistance Act and the contracts obligate no general fund moneys. Motion -- Knight moved that the Contract Amend. be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. CHANGE ORDER CHANGE ORDER FOR BIOSOLIDS MANAGEMENT FACILITIES. (All Districts) Agenda Report No. 98-057. The Biosolids Treatment & Management Plan improvements are being administered under three (3) separate contracts: Contract #1, Emergency Sludge Storage Basins (completed); Contract #2, Plant #1 and Plant #2 Improvements (to BRB Contractors for $17,999,000); and Contract # 3, Biosolids Storage Facility (completed). Contract #2 is the improvements to Plant #1 and Plant #2, scheduled for completion on January 11, 1998. Change Order #10 is a combination of ten (10) items. The associated costs are as follows. Miscellaneous electrical - time & material $3,375.00 Reroute PI pipe/Add control valve $7,488.00 Revise power and controls - Plant #1 headworks $12,410.00 Modify steel at Pump Station #1 $2,246.00 Air Compressor for Bubbler Panel $2,407.00 8" Drain from standpipe $1,631.00 Modification at Plant #1 headworks - T&M $5,641.34 Add level switch at sluice trough $2,612.00 Shut off valves at drip pots - digester gas $435.00 Full port valves at 8" sludge line $2,699.00 TOTAL $40,944.34 The total of Change Order #10 represents 0.2275% of the original total project cost and in all cases represents a deduction or added value to the City. Project-to-date change orders have represented only 3.45% of the original bid of $17.999 million. On February 7, 1995, the City Council approved the Capital Improvement Program, Biosolids Treatment and Management Plan (CIP #S-500). There are sufficient funds for the year 1998. USEPA regulations, 40 CFR Part 503, requires municipalities to implement an approved method of biosolids treatment, reuse/disposal and to comply with the National Pollutant Discharge Elimination System (NPDES) permit. Failure to comply would result in civil and/or criminal penalties. Change Orders in excess of $10,000 require approval by the City Council. Motion -- Knight moved that the Change Order be approved and the mayor be authorized to -- carried sign. Motion carried 7 to 0. WATER/SEWER REPORT WATER AND SEWER DEPARTMENT REPORT ON CONDITION AND OPERATIONS. (All Districts) Agenda Report No. 98-058. Under the provisions of Ordinance No. 41-934 of the City, adopted January 26, 1993, (and the subsequent 1997 Series Bond Ordinance) the Water and Sewer Utility is required to fulfill the requirements of the revenue bond covenant set forth in Section 1005, Consulting Engineers; Consulting Engineers' Report. This section reads: "The City covenants that it will, for the purpose of performing and carrying out the duties imposed on the Consulting Engineers by this Ordinance, employ an independent engineer or engineering firm or corporation having a nationwide and favorable reputation for skill and experience in such work. "In 1994, and not less than every Three (3) years thereafter, the City will cause the Consulting Engineers to make an examination and written report on the condition and operation of the Utility, such report to include recommendations as to any changes in such operation deemed desirable. Such report shall also make references to any unusual or extraordinary items of maintenance and repair and any extensions, enlargements or improvements that may be needed in the period prior to the next consultant's report required by this Section. A copy of such report will be filed in the Office of the City Clerk, and duplicate copies thereof shall be mailed promptly to the Original Purchaser and to Financial Guaranty." The opinion, resulting from extensive objective analysis, issued in the Condition and Operations Report prepared by the independent engineering firm, Black and Veatch, is that the "utilities' organizational structure, physical condition of service facilities, capital improvement and replacement programs, and financing plans are sound." Notably absent are any comments which would be expected to negatively impact the rating obtained from the bond rating agencies for future revenue bond issues. The report states that the Utility's capital improvement and replacement program, and financial plans are sound, and that the revenue bond ordinance minimum coverage requirements for the Rate Covenant Test and Additional Bonds Test are more than satisfied for each of the projected revenue bond issues and each of the years examined. The completion of the 1997 Condition and Operations Report by Black and Veatch satisfies the requirements of the bond covenant set forth in Section 1005 of Ordinance No. 41-934. Motion -- carried Knight moved that the Report be received and filed. Motion carried 7 to 0. PROPERTY ACQUISITION ACQUISITION OF RIGHT-OF-WAY FOR THE MERIDIAN STREET STREET IMPROVEMENT. (Districts IV & VI) Agenda Report No. 98-059. The Meridian Street Paving Project (Maple to Central) requires purchase of 19 easements or partial acquisitions. One partial acquisition is 2510 West Douglas (Tract 15 and 15a) owned by Margaret Harshfield dba Maggies Adult Beverages. A drainage easement is required at 2525 West Douglas (Tract 17) and is owned by Dillons Food Stores. A negotiated value of $8,500 was arrived at for Tracts 15 and 15a. A negotiated value of $525 was agreed to for Tract 17. A budget of $9,525 for Tracts 15 and 15a, and $525 for Tract 17 and $500 for closing costs is requested. Perpetual Drainage Easement dated December 19, 1997, for the South 10 feet of the East 15 feet of Lot 1, Dillon Sixth Addition from Dillon Real Estate Co., by Paul J. Scutt, Vice President. Motion -- Knight moved that the budget, easement, and the Contract be approved; and the -- carried Mayor be authorized to sign the necessary documents. PURCHASE OF PROPERTY AT MAPLE AND KELLOGG. (District V) Agenda Report No. 98-060. Billy Hall owns an undeveloped tract of land located north of Kellogg, approximately midway between 119th Street West and 135th Street West which abuts the proposed Auburn Hills golf course. Approximately five acres of this tract is required to facilitate the development of the golf course. The owner has agreed to sell a portion of his property to the City for $20,000. While the exact site size will need to be determined by survey, the parcel to be purchased is estimated to contain slightly more than five acres (a per acre price of approximately $4,000). The property acquired will be reserved for use as a golf course, park, or open space. A budget of $20,500 is requested for the purchase. Funding will be from general obligation bonds. The bond issue was approved by City Council action on July 3, 1997. Motion -- Knight moved that the budget and the Contract be approved; and the Mayor be -- carried authorized to sign the necessary documents. CONDEMNATIONS REPAIR OR REMOVAL OF DANGEROUS AND UNSAFE STRUCTURES. Agenda Report No. 98-061. On January 5, 1998, the Board of Code Standards (BCSA) held a hearing on the following two (2) properties. These properties are considered dangerous and unsafe structures, and are being presented to schedule a condemnation hearing before the Governing Body. Improvement notices have been issued on these structures, however, compliance has not been achieved. Pre-condemnation and formal condemnation letters were issued and the time granted has expired. No action has been taken to repair or remove these properties. Property Address Council District 1. 1555 N. Woodrow Ct. 6 2. 1535 N. Emporia 6 These structures have defects that under Ordinance No. 28-251 of the Code of the City of Wichita, shall cause it to be deemed as a dangerous and unsafe building, as required by State Statute for condemnation consideration. Motion -- Knight moved that the resolutions placing this matter on the agenda for a Hearing before the Governing Body on March 17, 1998, at 11:00 a.m., be adopted. Motion -- carried carried 7 to 0. RESOLUTION NO. R-98-009 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: the north 65 feet of the south 140 feet of Lot 13, lying west of Johnson Avenue in the Hand Subdivision, Sedgwick County, Kansas, known as 1555 North Woodrow Court in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-010 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lots 82-84 Parmenter's Addition to Wichita, Sedgwick County, Kansas, known as 1535 North Emporia in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCES SECOND READING ORDINANCES. (The TIF Ordinances, first read December 16, 1997, and withheld from second reading pending MAPC Plan approval, were approved at the January MAPC meeting.) a. TIF - East Bank Redevelopment District. (District VI) ORDINANCE NO. 43-682 An Ordinance adopting a Redevelopment Plan for the East Bank Redevelopment District, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. b. TIF - 21st and Grove Redevelopment District. (District I) ORDINANCE NO. 43-683 An Ordinance adopting a Redevelopment Plan for the 21st and Grove Redevelopment District, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. (First read January 13, 1998) Item 27c c. IRB - Historic Hotel Partners of Wichita, L.P. (District VI) Council Member Kamen declared a conflict of interest and abstained from participation. ORDINANCE NO. 43-674 An Ordinance amending Ordinance No. 43-628 of the City of Wichita, Kansas, and authorizing the issuance of not to exceed $2,500,000 aggregate principal amount of Subordinated Taxable Industrial Revenue Bonds, Series I, 1998 (Historic Hotel Partners of Wichita, L.P.), for the purpose of providing funds to purchase, acquire, construct, and equip improvements and additions to certain existing facilities located in the City of Wichita, Kansas; prescribing the form and authorizing execution of a first supplemental trust indenture by and between the City and Intrust Bank, N.A., Wichita, Kansas, as trustee with respect to the bonds; prescribing the form and authorizing execution of a first supplemental lease agreement by and between the City and Historic Hotel Partners of Wichita, L.P.; approving the form of a guaranty agreement by and between Historic Hotel Partners of Wichita, L.P. and the trustee; and prescribing the form and authorizing the execution of a bond placement agreement by and between the City and Historic Hotel Partners of Wichita, L.P., as purchaser of the Series I, 1998, bonds and repealing Ordinance no. 43-628, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. (Kamen abstained) d. Consumption of Alcohol on Public Property. ORDINANCE NO. 43-684 An Ordinance amending Section 4.04.045 of the Code of the City of Wichita, Kansas, pertaining to exemptions from the prohibition against consumption of alcohol on public property and repealing the original of said section, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 1. Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. Nays: Lambke. e. Declaring Zoo (13th to Windmill Road - 472-82748). (District V) ORDINANCE NO. 43-685 An Ordinance declaring Zoo from 13th to Windmill Road (472-82748) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. f. Z-3261 - 554 South Lexington. (District II) ORDINANCE NO. 43-686 An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. Z- 3261 g. Z-3263 - South at the East Corner of Central, East of Jackson. (Dist. II) ORDINANCE NO. 43-687 An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. Z- 3263 A 98-2 A 98-2 - PROPERTY LOCATED AT THE NORTHEAST CORNER OF 29TH STREET NORTH AND RIDGE ROAD. (District V) Agenda Report No. 98-062. The applicants, Edward Neville and Dave Bucholz of the Ritchie Corporation, are requesting annexation of property generally located at the northeast corner of 29th Street North and Ridge Road in order to comply with platting requirements set forth by the Metropolitan Area Planning Commission. This property is bordered on the west and south by the current City boundary. According to the information sheet provided by the applicant the proposed annexation area consists of approximately 148.5 acres and will be developed with 149 single family residential lots and 32 two family lots. The Sedgwick County Board of Commissioners approved a zoning request for SF-6 (Single Family) TF-3 (Two Family) and LC (Limited Commercial) zoning on this property. A final plat for the Ridgeport Addition has been heard and approved by the MAPC on October 16, 1997, subject to conditions. The site is currently undeveloped, but planned development is for a single family and multi family subdivision. The current zoning is "SF-6" Single Family, "TF-3" Two- family, and "LC" Limited Commercial. County land to the north is zoned "SF-20" Single Family and is used for agricultural purposes. County land to the east is zoned "SF-20" and is developed with large lot single family residences. County land to the west is zoned "SF-20" and is used for agricultural purposes. City land to the west is zoned "SF-6" and is developed with single family homes. City land to the south is zoned "SF-6" and is developed with single family homes. The remaining land to the south is in the County and is used for agricultural purposes. The general character of the surrounding area is that of agricultural uses mixed with single family development. City water and sewer service are available to serve this site from existing lines at the intersection of 29th Street and Ridge Road. There is a CIP project to extend a water line along 29th Street, which would serve this development. The developer has agreed to share some of the costs of this extension with the City of Wichita. A 10" sewer line at the corner of 29th and Ridge is available to serve this site. However, the applicant will be responsible for all costs involved in connecting to this existing sewer line. The property will have access to both 29th Street North and Ridge Road. Currently Ridge Road is a 2-lane improved section line road. The Sedgwick County CIP indicates that Ridge Road is to be reconstructed and widened to 4 lanes from 29th Street North to K-96 , with construction scheduled to begin this year. Current traffic counts for this section of Ridge Road are 7,717 average daily trips (ADT) with this number projected to increase to 15,273 ADT by the 2020 Transportation Plan. 29th Street is currently a 2-lane unimproved section line road, however the developer has agreed to pave that section of 29th Street from Ridge Road east to the point of access for this subdivision. There are no current traffic counts available for this portion of 29th Street, however the 2020 Transportation Plan projects a figure of 4,321 ADT. The Wichita Fire Department, operating out of Station Number 16, located at 1632 North Tyler, can serve this site with an approximate 6 minute response time. Upon annexation, police protection will be provided to the area by the Patrol West Bureau of the Wichita Police Department which is headquartered at 661 North Elder (Elder and West Central). This area is located approximately 1 mile from the Sedgwick County Park, which is a 480 acre regional park with fishing, picnicking, tennis, softball, basketball, horseshoe, volleyball, ice skating, biking, fitness and playground facilities. There are also several lakes and large open spaces. The proposed annexation area is located within 2 miles of a potential future park site, but is in an area that has no neighborhood or community parks. The property is located in Unified School District 266 (Maize Public School District). Annexation will not change the school district. This property is located within the urban growth area of the City of Wichita as delineated by the Comprehensive Plan for the metropolitan area, and is also inside the Policy 32 urban service area. The single family and duplex development of this site will include approximately 149 single family units and 32 duplex units, with a total appraised value of approximately $19,910,000 which would result in a yearly tax revenue of $71,494 for the City of Wichita. On the basis of the foregoing information, the annexation of this property does not appear to result in future extraordinary expenses to the City-at-large. The property is eligible for annexation under K.S.A. 12-520 (7) of State Law. Motion -- Knight moved that the annexation request be approved and the annexation -- carried Ordinance be placed on first reading. Motion carried 7 to 0. ORDINANCE An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, introduced and under the rules laid over. A 98-2 A 98-3 A 98-3 - PROPERTY LOCATED A QUARTER MILE NORTH OF 13TH STREET ON THE EAST SIDE OF MAIZE ROAD. (District V) Agenda Report No. 98-063. The applicant, Bishop Eugene Gerber is requesting annexation of property located north of 13th Street on the east side of Maize Road in order to satisfy platting requirements set forth by the Metropolitan Area Planning Commission. The property to be annexed is bordered on the north, south, east and west by the current City boundary. A final plat for Resurrection Cemetery was recently approved by the Wichita City Council and consists of approximately 39.09 acres. The site is currently developed with a cemetery and mausoleum. Surrounding zoning in all directions is "SF-6" Single Family Residential. All city land surrounding this cemetery is developed with single family residences. The City Engineer's office indicates that city water and sewer service are available to serve this site from existing lines along Maize Road, if ever necessary. The property has access to Maize Road which is a 2-lane paved section line road. Current traffic counts estimate 4,448 average daily trips (ADT) for this portion of Maize Road, with this figure projected to increase to 11,158 in the 2020 Transportation Plan. There are no plans in the City's current CIP for improvements to this portion of Maize Road. The Wichita Fire Department, operating out of Station Number 16, located at 1632 North Tyler, can serve this site with an approximate 5 minute response time. Upon annexation, police protection will be provided to the area by the Patrol West Bureau of the Wichita Police Department which is headquartered at 661 North Elder (Elder and West Central). This property is located within the urban growth area of the City of Wichita as delineated by the Comprehensive Plan for the metropolitan area, and is also inside the Policy 32 urban service area. This site will not bring in substantial revenue to the City, due to the tax- exempt nature of the development. However, on the basis of the foregoing information, the annexation of this property does not appear to result in future extraordinary expenses to the City- at-large. The property is eligible for annexation under K.S.A. 12-520 (7) of State Law. Motion -- Knight moved that the annexation request be approved and the annexation -- carried Ordinance be placed on first reading. Motion carried 7 to 0. ORDINANCE An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, introduced and under the rules laid over. A 98-3 A 98-4 A 98-4 - PROPERTY LOCATED EAST OF WEBB ROAD AND SOUTH OF HARRY. (District II) Agenda Report No. 98-064. The applicant, J.R. Silvers is requesting annexation of property located east of Webb Road and south of Harry in response to the City's request that he submit an application for annexation. This request for the property owner to apply for annexation was based on the fact that this property is almost entirely surrounded by the City of Wichita. The area proposed for annexation consists of approximately 4.96 acres and is currently unplatted. This site is currently undeveloped and zoned "SF-20" Single Family Residential. The zoning will automatically convert to the City's most restrictive single family zoning classification, "SF-6," upon annexation. City land to the north is zoned "LC" Limited Commercial and "SF-6" and is developed with two single family residences, an Autozone, and a car wash. City land to the west is zoned "LC" and is developed with a Quiktrip and Taco Shop. City land to the east is zoned "LC" and is developed with Sunnyside Nursery. City land to the south is zoned "SF-6' and is undeveloped. City water and sewer service are available to serve this site from existing lines along Harry, if ever necessary. Currently this tract of land is not served by city water or sewer. The property has access to Harry Street, which is a 2-lane paved section line road. Current traffic counts indicate approximately 8,476 average daily trips (ADT) along this segment of Harry. The 2020 Transportation Plan projects this number to increase to 16, 347 ADT by the year 2020. The City of Wichita CIP indicates that Harry is to be reconstructed and widened to 4 lanes from Harry to Greenwich with necessary turn lanes. Construction is scheduled to begin in 1999. The Wichita Fire Department, operating out of Station Number 15, located at 7923 East Lincoln, can serve this site with an approximate 4 minute response time. Upon annexation, police protection will be provided to the area by the Patrol East Bureau of the Wichita Police Department which is headquartered at 307 South Edgemoor. This area is located approximately 1/4 mile from Harrison Park, which is a 40.15 acre community park with softball, tennis, rugby, fishing, jogging, restroom and playground facilities. The proposed annexation area is located within 2 miles of a designated potential future park site. The property is located in Unified School District 259 (Wichita Public School District). Annexation will not change the school district. This property is located within the urban growth area of the City of Wichita as delineated by the Comprehensive Plan for the metropolitan area, and is also inside the Policy 32 urban service area. This site has an appraised value of $37,810, which would result in a yearly tax revenue of $135.77 for the City of Wichita. On the basis of the foregoing information, the annexation of this property does not appear to result in future extraordinary expenses to the City-at-large. The property is eligible for annexation under K.S.A. 12-520 (7) of State Law. Motion -- Knight moved that the annexation request be approved and the annexation -- carried Ordinance be placed on first reading. Motion carried 7 to 0. ORDINANCE An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, introduced and under the rules laid over. A 98-4 OFF AGENDA ITEM SNAP-IT PROGRAM SNAP-IT PROGRAM Motion -- Knight moved that an Item concerning the Snap-It Program be taken up off the -- carried Agenda. Motion carried 7 to 0. Mayor Knight Mayor Knight said he had received a memo concerning proposed legislation and that he hoped a representative of the City would contact the Representative and that there would be some dialogue requesting that he at least meet with the members of the Commission on the Status of People with Disabilities and know what the implications of the proposed legislation are to this group. The City should be included before legislation is introduced that affects the City. Council Member Ferris Council Member Ferris stated that, regardless of what the Bill is, the City would want the Bill opposed simply on a pre-emption philosophy. This is clearly a Home Rule issue and the City should oppose the Bill. EXECUTIVE SESSION Motion -- Knight moved that the Council recess to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to potential litigation and legal advice, and the regular meeting be resumed no later than 1:00 p.m. in the City Council Chambers. Motion -- carried carried 7 to 0. RECESS Council recessed at 12:45 p.m. and reconvened in regular session at 12:55 p.m. Mayor Knight Mayor Knight announced that no action was necessary as a result of the executive session. ADJOURNMENT The City Council Meeting adjourned at 12:55 p.m. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 165 JANUARY 27, 1998 Page 1