MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, January 13, 1998 Tuesday, 9:10 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cole, Gale, Kamen, Lambke, Rogers; present. *Council Member Ferris absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Mayor Knight. 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 6, 1998, were -- approved approved 6 to 0. (Ferris absent) AWARDS AND PRESENTATIONS PROCLAMATIONS Mayor Knight presented the Proclamations previously approved. RECOGNITION Exchange students to Cancun, Mexico, were recognized. PUBLIC AGENDA JANET L. MILLER COMMENTS BY JANET L. MILLER. Janet Miller, President of the Midtown Historic Association, commended the City for its efforts to create an effective and neighborhood- friendly process for remedying deteriorating and neglected properties. The Neighbor-to-Neighbor program and the Office of Central Inspection work well but the Neighborhood Environmental Court is not working as it was envisioned. The problems with Environmental Court are: - Court belief that defendants are only poor and indigent who are unable to fix or maintain properties. This is not true as only those who completely refuse to cooperate are taken to court. - Court self-description as "compliance court." Central Inspection is the compliance enforcement body. - Court perception that court defendants live in cited properties. Over 60 percent of the court cases involve rental properties. - Court perception that defendants have not been given adequate time to fix or repair cited properties. Depending on the season, defendants have already been given 3 to 9 months, or more, to make repairs. - Court waives 80 percent of the fines levied against defendants. *Council Member Ferris present. Ms. Miller asked that the City Council thoughtfully consider all that is wrong with the present court and make amends so the court functions as originally conceived. 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. (District II) Continued from November 18, 1997, at the request of the developer. Marvin Krout Director of Planning reviewed the Item. 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 Director of Planning said that immediately preceding the Council Meeting, two letters withdrawing protest petitions had been received by the City Clerk. It is unknown at this time the percentage of petition remaining. Motion -- carried Kamen moved that this Item be deferred two weeks. Motion carried 5 to 2. Knight, Lambke - No. NEW BUSINESS IRB - HISTORIC HOTEL ISSUANCE OF TAXABLE INDUSTRIAL REVENUE BONDS FOR GRAND HERITAGE HOTEL - HISTORIC HOTEL PARTNERS OF WICHITA, L.P. (District VI) Allen Bell Financial Projects Director reviewed the Item. Agenda Report No. 98-039. On December 30, 1995, the City Council issued a letter of intent to Grand Heritage Hotels International ("Grand Heritage") for the issuance of industrial revenue bonds in an amount not to exceed $10 million. The bonds will be used to finance the acquisition and renovation of the Ramada Inn at Broadview Place at the corner of Douglas and Waco in downtown Wichita. The City Council also approved a full property tax abatement on the property to be acquired for a ten-year period, to be replaced with certain fixed payments-in- lieu-of-taxes. On December 17, 1996, the City Council approved the issuance of taxable industrial revenue bonds, Series XIV, 1996 in the amount of $6,400,000, to finance the acquisition of the Broadview Hotel, to make capital improvements and to establish a bond reserve account and pay certain other miscellaneous costs. On October 21, 1997, the City Council approved documents to issue an additional $2.5 million of industrial revenue bonds to finance the second phase of improvements to the Broadview Hotel. Prior to this bond issue, negotiations to sell Grand Heritage to Patriot American Hospitality, Inc. ("Patriot American") had begun. The negotiations were not finalized until late December of 1997 which moved the issuance of the bonds into 1998. As a result, Bond Counsel advised that a new ordinance should be adopted for the issuance of the bonds. Grand Heritage Hotels International, a privately held corporation which owns or operates over 45 historically significant luxury hotels in the United States and Europe, was purchased in 1997 by Patriot American, a paired-share real estate investment trust (REIT) that specializes in hotel properties. Several of Grand Heritage's hotels were included in the acquisition by Patriot American, including the Broadview. However,the acquisition of the Broadview has been delayed until the hotel's operations become profitable. In order to proceed immediately with the second phase of renovations to the hotel, Grand Heritage negotiated a loan from Patriot American to provide the funds to purchase the IRBs to be issued to finance the phase two improvements. Once the sale of the Broadview to Patriot American is completed, the loan to Grand Heritage will be converted to bond ownership by Patriot American. Renovations to the Broadview are being completed in two phases. In phase one, guest rooms and corridors on floors 7 and 8 and group meeting facilities on floors 1 and 2 were refurbished and redecorated. Original plans called for substantial changes to the ground floor area, including moving the lobby to the space now occupied by Chisolm's and expanding and remodeling the space now occupied by the lobby restaurant to provide space for a new, first class restaurant/lounge. These plans have been altered to the extent that the entrance and registration area for the hotel will remain as it is. Phase two renovations will include the renovation of guest rooms on floors 3 through 6, the lobby and the restaurant area on the first floor. Proceeds from the sale of the Phase II bonds will be used to make improvements to the Broadview Hotel as follows: USE OF BOND PROCEEDS Capital Improvements $1,310,000 Furniture, fixtures, and Equipment 1,140,000 Bond Issuance Costs 50,000 Total uses: $2,500,000 The firm of Hinkle, Eberhart and Elkouri, L.L.C. will serve as bond counsel in the transaction. The bonds will be purchased by Historic Hotel Partners of Wichita, L.P. Grand Heritage agrees to pay all costs of issuing the bonds and agrees to pay the City's $2,500 annual IRB administrative fee for the term of the bonds. A 10-year property tax abatement on improvements to the existing property and a 5-year abatement of taxes on the existing property has been approved, with payments-in-lieu of taxes on the existing property. It is estimated that the requested tax abatement for the first year of the second phase of the project will be $64,425, of which $17,865 would be the City portion; $16,901 the County/State portion and $29,659 the USD 259 portion, based on the 1996 mill levy of 112.682 mills. Council Member Ferris Council Member Ferris inquired as to whether a schedule of the funds to be spent and how it is being done has been submitted to the City. Allen Bell Financial Projects Director said this had been requested andGrand Heritage has said a schedule will be sent soon. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Council Member Cole Council Member Cole asked that Council Members Ferris and Cole meet with Grand Heritage. Motion -- Ferris moved that the public hearing be closed; issuance of $2.5 million taxable industrial revenue bonds be approved and the bond ordinance authorizing the execution of bond documents, including a first supplemental trust indenture, a first supplemental lease, guaranty agreement and bond placement agreement be placed on first reading; and the Mayor be authorized to sign the necessary -- carried documents. Motion carried 7 to 0. ORDINANCE 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, introduced and under the rules laid over. IRB - BRITTAIN MACHINE EXTENSION OF IRB TAX EXEMPTION - BRITTAIN MACHINE, INC. (District IV) Allen Bell Financial Projects Director reviewed the Item. Agenda Report No. 98-040. On July 16, 1991, the City Council approved the issuance of $2,500,000 in Industrial Revenue Bonds, Series V, 1991, to Brittain Machine, Inc. (Brittain). The proceeds from the sale of the bonds were used to construct new manufacturing space, located at 2520 South Sheridan in southwest Wichita, and to purchase new equipment. Brittain was granted an 100% tax abatement on bond-financed property for a 5-year period subject to review at the end of five years to extend for another five years. The initial 5-year tax exempt period expired December 31, 1996 and Brittain has submitted a request that the tax exemption granted by the City Council be extended for a second five year period. As a result of the bond issue and tax abatement, Brittain committed to undertake a significant business expansion, starting in 1991, including: 1991 Commitment construct new manufacturing space purchase new equipment hire 50 new people 1997 Status 38,000 s.f. factory space built for $848,364 $1,580,684 Cincinnati Milacron 3 Spindle Gantry and a $190,000 IBM Based CATIA Computer System purchased employment up from 1991 level by 142 new employees Brittain reports that their current level of employment is 257 employees with an annual payroll of about $8,771,952. The Human Services Department reports that Brittain had 230 employees as of April, 1997 of which 21 were minority employees. In 1997 Brittain paid $130,000 in real and personal property taxes. No real property taxes are paid on the facility expansion as the expansion is exempt under the bond issue. The abated real and personal property taxes on the property is estimated to be $36,344 for 1997. Section 7.5 of the lease provides that the City Council reserves the right to terminate the exemption at the end of the first five year period. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Gale moved that the extension of the tax abatement on Brittain Machine, Inc.'s IRB- financed property for a second five-year period be approved. Motion carried -- carried 7 to 0. VACATION NOTIFICATIONS REPORT ON FEASIBILITY OF NOTIFYING SURROUNDING RESIDENTS OF VACATION REQUESTS. Chris Cherches City Manager reviewed the Item. In December, 1997, Council member Kamen requested that consideration be given to notifying surrounding residents when vacation of easements requests are received. Apparently, a complaint was received from a homeowner adjacent to the Normandie Center, which is undergoing renovations, that construction was planned in an easement on the shopping center property without notice of vacating the easement. The construction work included a berm to be constructed in an easement on her own property which extends beyond her backyard fence. In this particular case, the construction planned (elevating a driveway) was not considered a building and did not require a vacation, and the proposed berms were to be located on the shopping center property and not her own property. The City has no formalized policy on notifying nearby property owners about vacation requests, an informal administrative policy has existed for many years. Council member Kamen has suggested that this matter, perhaps, should be reviewed. What are Vacations? The City obtains "dedications" of all kinds through the platting process, and occasionally, through separate instruments. These include rights-of-way for streets or alleys, easements for drainage and/or utilities, "reserves" for open space purposes, access control (limiting driveway openings) along certain streets, and building setbacks. Property owners may also vacate a platted addition -- remove from the deed records a planned division of land into lots and blocks and streets, although this is rare. According to State law, when property owners wish to eliminate these encumbrances that had been granted previously, they must generally follow certain procedures to "vacate" these dedications. The exception is that an owner may choose instead to vacate certain dedications through "re- platting" - - going through the process governed by the local subdivision regulations, to delete or change one or more dedications that were granted through the original plat. In any of these cases, the governing body must find that "no private rights will be lost or endangered ...and that the public will suffer no loss or inconvenience." Like zoning, State law requires that a public hearing, advertised in a local newspaper, must be held before a vacation case can be approved. However, whereas State law requires written notice to nearby property owners on zoning requests, there is no such requirement on plats or vacation cases. State law requires a 200-foot notification area on zoning cases in cities. By local MAPC policy (not by ordinance), City Staff provides notice to a larger areas, up to 1000 feet on some cases, and also requires that one or more signs be posted on the property in advance of the hearing, indicating that an application has been filed with our department. On vacation cases, there is no local ordinance or MAPC policy regarding vacations. MAPC has had an informal administrative policy for many years, however, requiring notices to nearby property owners for some vacation cases (or for some replats which are attempting to accomplish vacations), informing them of the MAPC Subdivision Committee meeting at which the case is first considered. Here are the general rules being followed: - Street or alley right-of-way. By state law, vacations cannot be approved if any party of interest adjoining the right of way objects in writing to the vacation. In practice, Staff generally requires the written consent of all owners adjoining the right-of-way, or in rare cases where that consent cannot be obtained, we will send written notices to any owners who did not provide their consent. In addition, in cases where a street closing by vacation could have an effect on vehicular circulation in the neighborhood (e.g. closing Madison Street at 21st Street for the Mennonite housing project), staff will request a list of owners in a 1-2 block radius from the area of the street closing. - Access controls. Nearby properties are not notified when a property owner is requesting to add or relocate driveways along a major street. However, if an applicant wants to add or relocate a driveway onto a minor street with residential zoning across that street, Staff will typically require a list of the residential owners on that opposite blockface. - Building setbacks. If the requested setback reduction is in a side or rear yard, Staff will only notify the property owner abutting the lot line from which the setback reduction is being requested. In the case of a front setback line along a street, where a building encroachment is visible to more people, Staff would typically notify the abutting owners on both sides of the lot for which the request is filed, and if the reduction is proposed along a residential street, Staff would also notify the owners of property directly across the street and one lot on either side of that property. - Drainage and utility easements. If the easement is entirely "internal" to a lot, Staff does not notify nearby owners of these vacation requests; the philosophy is that the easements were required by the local engineers or utility companies to serve technical purposes, and if these purposes are no longer justified, the lot should not be encumbered. However, if the easement is along a side or rear lot line, and affects how close to the line buildings may encroach, Staff would require notice to the abutting owner. - Reserves. When vacating reserves that were previously dedicated to open space, to permit buildings instead, Staff would follow the same type of notification policy as when building setbacks are proposed to be reduced. - Special cases. There was the recent request to vacate the pedestrian access easement shared by two lots near Coleman Middle School. In this case, because all property owners in the original addition of 34 lots were potentially affected by the closing of this access way, Staff notified all the lot owners in that addition. This informal policy (as outlined above) has worked satisfactorily for many years, and Staff does not often receive any complaints about such matters. If a more formalized and extended noticing policy of surrounding properties is to be implemented, the City Council will have to provide budget adjustments that will be required for added staff assistance to prepare and mail notices, postage, and other related expenses. Because of the numbers involved, this expense might be significant. In the interim, if the Council desires, an added noticing step could be implemented by the placement of a sign on the property for vacation cases, like is done on zoning cases and zoning "adjustments" (an adjustment is a limited change to zoning standards or CUP conditions, approved administratively; Staff does not send out written notices to property owners on these requests). The MAPC is currently working on a proposed change to the city/county agreement on vacation cases, which was adopted in 1968. This agreement provides for MAPC review of all such cases (although State law requires planning commissions to approve plats, they do not require them to approve or even review vacations). The proposed change, approved by the State Legislature, would transfer the responsibility for holding the required public hearings on vacation cases from the governing bodies to the MAPC, just like the City does on zoning cases. If implemented, this should reduce processing time by allowing faster scheduling of vacation cases on the City Council's agenda and allowing most of these cases to be handled by the Council as "consent" items. It will also clarify for the nearby owners who are notified that they should direct their energies toward the official public hearing held by the MAPC. Mayor Knight Mayor Knight stated that this had not ever been a problem for him and more formal rules seemed to be more unnecessary bureaucracy. If Council Member Kamen wanted, however, referral to the MAPC would be okay. Council Member Rogers Council Member Rogers said problems were extremely minimal and the present policy is fine. Council Member Cole Council Member Cole said she had not had any complaints; and, formal implementation of a policy would cost approximately $5,000. There is no need to fix something that is not broken. Council Member Lambke Council Member Lambke said he thought the MAPC should make the decision. Motion -- Kamen moved that the Report be received and the matter be referred to the MAPC -- carried for review and recommendation. Motion carried 7 to 0. ALCOHOL CONSUMPTION AMENDMENT TO CITY CODE PERTAINING TO CONSUMPTION OF ALCOHOL ON PUBLIC PROPERTY. Gary Rebenstorf Director of Law reviewed the Item. Agenda Report No. 98-041. State law (K.S.A. 41-719) prohibits the consumption of alcoholic liquor on public property. The law allows cities, by ordinance, to exempt certain property from this prohibition. The City of Wichita, from time to time, has passed an ordinance to exempt various public properties, including Century II, Wichita Mid-Continent Airport, Cowtown, Wichita Art Museum, Omnisphere, Indian Center, Lawrence-Dumont Stadium, Old City Building, Central Library, Union Station, Kansas Aviation Museum, Farm and Art Market, Botanica, Hyatt Regency Wichita Hotel and Conference Center, Exploration Place and the Ice Sports Center of Wichita from this prohibition. With the City of Wichita owning the property which is being used for several new facilities in the community, it is appropriate to add these properties to the list so that alcohol may be permitted to be consumed in connection with the activities at these properties. The proposed amendment to this section of the City Code adds the Wichita Boathouse and the open area bounded on the North by the Hyatt Regency Wichita Hotel and Conference Center, on the South by Lewis Street, on the East by Wichita Street and on the West by the Arkansas River, to the list of properties owned by the City of Wichita where alcohol is permitted to be consumed. This does not affect the golf courses. Council Member Lambke Council Member Lambke stated that he found drinking outside of buildings on public property objectionable when it is in view of the general public and children. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Kamen moved that the Ordinance be placed on first reading. Motion carried -- carried 6 to 1. Lambke - No. ORDINANCE 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, introduced and under the rules laid over. CITY COUNCIL AGENDA HISTORIC PRESERVATION HISTORIC PRESERVATION LOANS/GRANTS GUIDELINES. (Requested by Vice Mayor Cole) Council Member Cole Council Member Cole said that, in light of information just received from the Historic Preservation Board, she would like to request a four-week deferral to allow time for her to meet with the Board. Motion -- carried Cole moved that this Item be deferred four weeks. Motion carried 7 to 0. ORPHEUM FUNDING REQUEST FUNDING REQUEST: ORPHEUM PERFORMING ARTS CENTER. Chris Cherches City Manager reviewed the Item. Agenda Report No. 98-016 A. On January 7, 1997, the City Council approved a request from the Orpheum Performing Arts Center for matching fund assistance in the amount of $250,000 to make repairs to the Orpheum facilities. Community Development Block Grant (CDBG) funds were allocated for use in Phase I renovation of the heating system including a new boiler, pumps, coil and filter banks for the existing unit and new air handling units for the lobby and balcony, designed to prevent future deterioration to the interior of the building. City funding was provided as a challenge grant to match private funding sources. This work is scheduled to be completed by March 1, 1998. The Orpheum is requesting a second year funding assistance in the amount of $250,000 to complete Phase II of the necessary repairs to the Orpheum facilities. Work under this phase of the restoration would include installation of ductwork and chiller for the heating/air conditioning system and fire alarm system. In addition, other needed structural work would be implemented to protect the integrity of the building. Without these improvements, the interior of the building is at risk from future deterioration. The Phase II request is for the City to provide a second year grant which will allow it to secure matching funds from private sources to complete the restoration work. If approved, the $250,000 would be allocated from the City's Community Development Block Grant (CDBG) program. These funds were reserved for this use from earned income from CDBG projects and are available for allocation. The funds would not impact the City's established Historic Revolving Loan Fund. If approved, these funds would not be released until private matching funds are available. The City Council has the authority to allocate funding support for this CDBG eligible project. The proposed project meets the City Council's adopted Criteria and Guidelines for Allocations for Historic Buildings adopted in April, 1997. Council Member Ferris momentarily absent. Council Member Cole Council Member Cole said this is the last remaining historic theater in Wichita with an opportunity to be saved. Some people believe the moneys could be used for agencies but the City is already at the maximum allowed for CDBG moneys to agencies. Council Member Lambke Council Member Lambke stated that, since the last meeting, he has toured the building and much volunteer work is evident. The Orpheum is a good asset and he will vote in support of funding. Council Member Gale Council Member Gale said he will also support funding. Council Member Kamen Council Member Kamen said CDBG funds are to be used for blighted neighborhoods, low income, and disabled. Federal funds are going down each year and there are other uses for CDBG funding. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Council Member Ferris Council Member Ferris explained that he had previously voted against this Item because it was hard to support $250,000 on the Consent Agenda; and it was hard to support additional funding before the first $250,000 matching funds had been received. Motion -- Ferris moved that the $250,000 additional CDBG funding, from sources identified, be approved with the following restrictions: 1) no moneys be allocated until the full $500,000 is raised; 2) the Orpheum agree to not request any more public moneys from the City; and 3) funding from the City be limited to CDBG funds and that no General Funds moneys be used. Chris Cherches City Manager explained that Staff had looked at the audit and there had actually been $252,000 raised for the Orpheum. For the first $250,000 matching grant, money was paid directly to the vendors and no funding was given until the matching dollars were raised. The intent is to match dollar for dollar. -- withdrawn Ferris explained that his motion had reflected previous information given and his feelings. Ferris, with consent of the second, withdrew the motion. Motion -- Ferris moved that the $250,000 additional CDBG funding, from sources identified, be approved with the following restrictions: 1) no funding be released until matched; 2) the Orpheum not request any more public moneys from the City; and 3) funding from City be limited to CDBG funds and no General Fund moneys be used. -- carried Motion carried 6 to 1. Kamen - No. Marge Setter Marge Setter thanked the City Council. APPOINTMENT NOMINATION FOR GRANTS REVIEW COMMITTEE. Motion -- Knight appointed Phil Michel, Cessna, and moved that the appointment be approved. -- carried Motion carried 7 to 0. PROCLAMATION PROCLAMATION -- American History Month Motion -- carried Knight moved that the proclamations be authorized. Motion carried 7 to 0. TRAVEL AUTHORIZATION APPROVAL OF MAYOR KNIGHT'S TRAVEL, JANUARY 23-24, 1998, TO IRVING, TEXAS, FOR NATIONAL LEAGUE OF CITIES STRATEGIC PLANNING COMMITTEE MEETING Motion -- carried Kamen moved that the travel expenses 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 (5 appointments - Ferris, Gale, Kamen, Knight-2) Group Life Insurance Board (2 appointments - Council at large) Library Board (Cole) Sister Cities Advisory Board (Knight) Wichita Athletic Commission (3 appointments - Council at large) Wichita Commission on the Status of Women (2 appointments - Kamen, Lambke) Motion -- Kamen appointed Lana Crain (Women) and moved that the appointment be approved. -- carried 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 Lambke Council Member Lambke said he had discussed this matter with his appointment who had expressed reluctance to withdraw, and that it seemed the thing to do would be for the last Council Member who made an appointment to rescind the appointment and appoint a veterinarian. Mayor Knight Mayor Knight asked that information on the last appointment be brought back to the City Council. APPOINTMENT TO THE SOLID WASTE COMMITTEE One appointment (Council at large). Motion -- Ferris appointed Gilbert Ballinger (At-Large) and moved that the appointment be -- carried approved. Motion carried 7 to 0. CONSENT AGENDA Knight moved that the Consent Agenda be approved in accordance with the recommended action shown thereon. Motion carried 7 to 0. BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED JANUARY 12, 1998. At 10:00 a.m., Friday, January 9, 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 12, 1998) Storm Water Drain #130 to serve Wilson Farms Addition (south of 21st Street, east of Rock Road). (468-82739/751024/485138) Does not affect existing traffic. (Council approval date 7-1-97) (District II); Storm Water Drain #131 to serve Wilson Farms Addition (south of 21st Street, east of Rock Road). (468-82740/751065/485141) Does not affect existing traffic. (Council approval date 7-1-97) (District II); Storm Water Drain #134 to serve Bradley Fair Third Addition (east of Rock Road, south of 21st Street). (468-82786/751115/485146) Does not affect existing traffic. (Council approval 11-25-97) (District II) Wildcat Construction Company - $554,255.00 (Engineer's Estimate) Storm Water Drain #134: $ 35,008.00 (Engineer's Estimate) - Add Alternate #1 $158,788.00 (Engineer's Estimate) - Add Alternate #2 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 Road) Bradford North Third Addition. (472-82852/764555/490558) Does not affect existing traffic. (Council approval date 07-08-97) (District V) Asphalt Construction - $310,860.70 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. (472-82830/764647/490566) Does not affect existing traffic. (Council approval date 07-01-97) (District V) Ritchie Paving - $389,217.25 (Base Bid Total with Alternate #1) 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. (472-82681/764605/490563) Does not affect existing traffic. (Council approval date 2-13-96) (District V) Ritchie Paving - $593,839.75 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. PUBLIC WORKS DEPARTMENT/MAINTENANCE DIVISION: Calcium Chloride; 2,800 bags Calcium Chloride Pellets 94%-97% - 80# Bags (132209) Van Waters & Rogers, Inc. - $10.70 (Cost per Bag) HEALTH DEPARTMENT/FAMILY PLANNING PROGRAM DIVISION: Papanicolaou Smear Services Via Christi Regional Laboratories - $6.00 (Cost per each) (Item #1: 3,000 each Pap Smear Reports) 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. LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Special Event Thai Binh Co. Inc. January 31, 19981514 West 21st Street Renewal 1998 (Consumption off Premises) Donald L. Bales K-S Inc. 2700 North Amidon New Establishment 1998 (Consumption off Premises) Roy E. Brockmeier QuikTrip #384R 2510 West Pawnee Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 7 to 0. PLANS AND SPECS SUBDIVISION PLANS AND SPECIFICATIONS. a. Water Distribution System to serve part of Smithmoor 7th Addition (south of Harry, east of Webb). (448-89192/734236/470501) Does not affect existing traffic. (Council approval date 9-16-97) (District 2) b. Honeytree from the north line of Smithmoor 7th Addition, south to and including cul-de-sac; Brandon from the north line of Smithmoor 7th Addition south to and including cul-de-sac; and Mt Vernon from the west line of Lot 1, Block 2, Smithmoor 7th Addition to the east line of Lot 1, Block 3 to serve Smithmoor 7th Addition (south of Harry, east of Webb). (472- 82859/764696/490571) Does not affect existing traffic. (Council approval date 9- 16-97) (District 2) c. 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, east of Rock). (472- 82846/764597/490562) 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., January 23, 1998. Motion carried 7 to 0. STATEMENTS OF COST STATEMENTS OF COST (CHESNEY). Water Projects: a. Constructing Water Distribution System to serve Chadsworth Commercial Second Addition - $8,278.00 (448-88940/732925/470-370) b. Constructing Water Supply Line to serve Wheatland Addition (south of MacArthur, west of Hoover) - $105,192.00 (448- 88688/732933/470-371) c. Constructing Water Distribution System to Serve Lot 1, Block 1, Peppermint Park Addition; Lot 1, Block 5, Miles Hidden Lakes Addition; Lot 1, Block 6, Miles Hidden Lakes Estates Addition; Lot 2, Block 6, Miles Hidden Lakes Addition and Lot 6, Block 5, Miles Hidden Lakes Estates Addition (south of Maple, east of 119th Street West) - $22,572.00 (448-88945/733196/470-397) d. Constructing Water Supply Line to serve Southborough Estates Addition (north of 47th Street South, west of Meridian) - $52,825.00 (448-88233/733238/470-401) e. Constructing Water Supply Line for part of Lot 1, Block 1, Southborough Estates Addition (north of 47th Street South, west of Meridian) - $43,676.00 (448-88234/733246/470-402) f. Constructing Water Supply Line in an unplatted tract (Campus High School) - $37,538.00 (448-89053/733329/470-410) g. Constructing Water Distribution System to Serve Turtle Run Third Addition (south of Pawnee, west of Webb) - $26,191.00 (448- 89025/733345/470-412) h. Constructing Water Distribution System to serve Maple Lane Addition (south of Maple, east of Ridge) - $36,283.00 (448- 89058/733360/470-414) i. Constructing Water Distribution System to serve Rio Vista Estates, Rio Vista Estates Second and Third Editions - $350,549.00 (448- 89062/733378/470-415) j. Constructing Water Distribution System to serve Fountains Second Addition (south of Central, east of Greenwich) - $71,003.00 (448-89042/733394/470-417) k. Constructing Water Distribution System to serve Savanna Eighth Addition - $53,651.00 (448-89049/733428/470-420) l. Constructing Water Distribution System to serve Horseshoe Bay Addition (north of 21st Street, east of Ridge) - $59,567.00 (448- 89063/733451/470-423) m. Constructing Water Distribution System to serve Smithmoor Fifth Addition (south of Harry, east of Webb) - $28,155.00 (448- 89070/733485/470-426) n. Constructing Water Distribution System to serve Prairie Woods Addition (north of Pawnee, east of Maize) - $30,893.00 (448- 88901/733519/470-429) o. Constructing Water Supply Line to serve Wheatland Addition (south of MacArthur, west of Hoover) - $45,392.00 (448- 88689/733535/470-431) p. Constructing Water Supply Line to serve Pembrook and Pembrook Second Additions (east of Oliver, south of 29th Street North) - $38,618.00 (448-89028/733550/470-433) q. Constructing Water Distribution System to serve part of Bradley Fair Second Addition (south of 21st Street, east of Webb Road) - $25,681.00 (448-89036/733576/470-435) r. Constructing Water Distribution System to serve part of Bradley Fair Second Addition (south of 21st Street, east of Webb Road) - $39,548.00 (448-89037/733584/470-436) s. Constructing Water Distribution System to serve Forest Lakes Addition - $38,182.00 (448-88706/733592/470-437) t. Constructing Water Distribution System to serve Aberdeen Second Addition (north of 21st Street, east of 119th Street West) - $122,795.00 (448-89064-733600/470-438) u. Constructing Water Distribution System to serve Rocky Creek Addition (north of 13th Street, east of 127th Street East) - $87,931.00 (448-89094/733618/470-439) v. Constructing Water Distribution System to serve Sunridge Second Addition - $37,763.00 (448-88556/733634/470-441) w. Constructing Water Distribution System to serve Alcorn Industrial Addition (east of West Street, south of Harry) - $20,864.00 (448- 89119/733642/470-442) x. Constructing Water Distribution System to serve Webb Road Commercial Addition (south of 21st Street, west of Webb Road) - $50,646.00 (448-89043/733659/470-443) y. Constructing Water Distribution System to serve Belle Terre Second Addition (south of Central, east of 143rd Street East) - $37,083.00 (448-88948/733667/470-444) z. Constructing Water Distribution System to serve Belle Terre, Second Addition (south of Central, east of 143rd Street East) - $30,595.00 (448-88949/733675-470-445) aa. Constructing Water Distribution System to serve Ivy Christine Addition (south of Maple, west of Hoover) - $16,177.00 (448- 89080/733683/470-446) bb. Constructing Water Distribution System to serve Country Acres 4th B Addition (east of Ridge, south of 13th Street) - $15,532.00 (448- 89125/733709/470-448) cc. Constructing Water Distribution System to serve the Park Chateau Addition (south of Pawnee, east of Maize) - $21,535.00 (448- 89123/733717/470-449) dd. Constructing Water Distribution System to serve Brentwood Village Addition (south of Harry, east of Webb Road) - $71,100.00 (448-89112/733733/470-451) ee. Constructing Water Distribution System to serve Hickory Creek Estates Addition - $80,842.00 (448-89127/733741/470-452) ff. Constructing Water Supply Line to serve Pawnee Mesa Addition (north of Pawnee, west of Lark) - $90,333.00 (448-88859/733816/470-459) gg. Constructing Water Distribution System to serve Smithmoor Fifth Addition - $19,515.00 (448-89069/733766/470-454) hh. Constructing Water Distribution System to serve County Meadows West Addition (north of Central, west of 119th Street West) - $40,781.00 (448-89087/733782/470-456) ii. Constructing Water Distribution System to serve part of Reflection Ridge Seventh Addition (south of 19th Street, west of Ridge Road) - $33,215.00 (448-88898/733790/470-457) jj. Constructing Water Distribution System to serve Buckhead Second Addition - $47,600.00 (448-89139/733798/470-458) kk. Constructing Water Distribution System to serve part of Pawnee Mesa Addition - $38,721.00 (448-89138/733824/470-460) ll. Constructing Water Distribution System to serve part of Pebblebrook Addition (north of Pawnee, west of Webb Road) - $49,329.00 (448- 88680/733832/470-461) mm. Constructing Water Distribution System to serve Bridgefield Addition (south of Central, east of 127th Street East) - $135,949.00 (448-89144/733840/470-462) nn. Constructing Water Distribution System to serve part of Socora Village and Westridge Village - $28,528.00 (448-88644/733857/470-463) oo. Constructing Water Distribution System to serve part of Socora Village) - $30,212.00 (448-88643/733865/470-464) pp. Constructing Water Supply Line to serve Country Meadows West Addition (along Central, west of 119th Street West) - $25,546.00 (448- 89086/733-774/470-455) qq. Constructing Water Distribution System to serve Willowbend North Addition (west of Rock, south of 45th Street North) - $77,730.00 (448-89145/733873/470-465) rr. Constructing Water Distribution System to serve Willowbend North Addition (west of Rock, south of 45th Street North) - $62,925.00 (448-89146/733881/470-466) ss. Constructing Water Distribution System to serve Lark Fifth Addition (west of Lark, south of Kellogg) - $23,973.00 (448- 89166/733923/470-470) tt. Constructing Water Distribution System to serve Maple Dunes Additions (north of Maple, east of 135th Street West) - $54,834.00 (448- 89148/733931/470-471) uu. Constructing Water Distribution System to serve Bradley Fair Third Addition - $43,897.00 (448-89162/733949/470-472) vv. Constructing Water Distribution System to serve Lark Fifth Addition (west of Lark, south of Kellogg) - $32,508.00 (448- 89167/733964/470-474) ww. Constructing Water Distribution System to serve Oak Ridge Second Addition (north of 29th Street North, east of Tyler) - $55,736.00 (448-89152/734038/470-481) xx. Constructing Water Distribution System to serve Lot 3, Mourer Addition (north of Harry, west of Webb Road) - $4,854.00 (448- 89184/734053/470-483) yy. Constructing Water Distribution System to serve Vanview Addition (north of 53rd Street North, east of Meridian) - $3,040.00 (448- 89188/734087/470-486) zz. Constructing Water Distribution System to serve Auburn Hills Third and Auburn Hills Pool House Additions (south of Maple, east of 135th Street West) - $40,537.00 (448-89172/734095/470-487) aaa.Constructing Water Supply Line to serve Bay Country Addition (south of Central, west of 119th Street West) - $25,670.00 (448- 88212/734178/470-495) Sewer Projects: a. Lateral 55, Main 4, Southwest Interceptor Sewer to serve Westwood Addition - $22,828.00 (468-82431/742163/480-308) b. Constructing Lateral 26, Main 1, Cowskin Interceptor Sewer to serve Marshall Addition -$37,759.00 (468-82573/742635/480-355) c. Constructing Lateral 133, Main 4, Sanitary Sewer #23 to serve an unplatted area (south of 36th Street North, east of Arkansas) - $22,241.00 (468-82621/742817/480-373) d. Lateral 30, Main 24, War Industries Sewer to serve Webb Road Commercial Addition - $91,828.00 (468-82607/742825/480-374) e. Lateral 369, Southwest Interceptor Sewer to serve Aberdeen Second Addition - $246,807.00 (468-82624/742973/480-389) f. Constructing Lateral 69, Main 22, War Industries Sewer to serve Bradley Fair Second Addition (south of 21st Street, east of Webb Road) - $84,754.00 (468-82601/743005/480-392) g. Constructing Lateral 9, Main 17, Southwest Interceptor Sewer to serve Forest Lakes Addition (north of 29th Street, west of Ridge Road) - $110,752.00 (468-82307/743013/480-393) h. Constructing Lateral 31, Main 12, Southwest Interceptor Sewer to serve Sunridge Second Addition - $63,117.00 (468-82156/743021/480-394) i. Constructing Lateral 3, Main 18, Southwest Interceptor Sewer to serve Hickory Creek Estates addition (south of 13th Street North, west of 119th Street West) - $98,519.00 (468-82682/743047/480-396) j. Lateral 268, Main 5, Sanitary Sewer #22 to serve Avery Addition - $11,848.00 (468-82690/743054/480-397) k. Constructing Lateral 374, Southwest Interceptor Sewer to serve Country Meadows West and Buckhead Additions (north of Central, west of 199th Street West) - $83,231.00 (468-82650/743070/480-399) l. Constructing Storm Water Drain #478 to serve Harrison Park Second Addition (south of Pawnee, west of Webb Road) - $43,584.00 (468- 82635/750877/485-123) m. Lateral 4, Main 18, Southwest Interceptor Sewer to serve Buckhead Second Addition - $98,474.00 (468-82704/743088/480-400) n. Lateral 16, Main 13, Southwest Interceptor Sewer to serve Pawnee Mesa Addition - $73,238.00 (468-82701/743096/480-401) o. Constructing Lateral 118, War Industries Sewer to serve part of Pebblebrook Addition (north of Pawnee, west of Webb Road) - $67,700.00 (468-82277/743104/480-402) p. Constructing Lift Station and Force Main for Lateral 136, War Industries Sewer to serve Greenwich Business Park, Manhattan Lakes, Regency Lakes, Regency Lakes Second and Kensington Parks - $203,912.00 (468- 82694/743112/480-403) q. Constructing Lateral 136, War Industries Sewer to serve Greenwich Business Park, Manhattan Addition, and Kensington Gardens (north of 21st Street North, west of Greenwich Road) - $95,473.00 (468-82693/743120/480- 404) r. Constructing Lateral 139, War Industries Sewer to serve Greenwich Business Park, Regency Lakes and Regency Lakes Second Addition (north of 21st Street North, west of Greenwich) - $53,269.00 (468-82698/743-138/480- 405) s. Constructing Lateral 30, Main 15, Southwest Interceptor Sewer to serve part of Socora Village and Wesley West Addition - $69,387.00 (468-82253/743146/480-406) t. Constructing Lateral 55, Main 9, Sanitary Sewer #23 to serve Willowbend North Addition (west of Rock, south of 45th Street North) - $174,712.00 (468-82712/743153/480-407) u. Constructing Lateral 378, Southwest Interceptor Sewer to serve Lark Fifth Addition (west of Lark, south of Kellogg) - $44,121.00 (468- 82747/743161/480-408) v. Constructing Lateral 6, Cowskin Interceptor Sewer to serve Maple Dunes Addition (north of Maple, east of 135th Street West) - $119,485.00 (468-82714/743203/480-409) w. Lateral 73, Main 22, War Industries Sewer to serve Bradley Fair Third Addition - $43,012.00 (468-82744/743187/480-410) x. Lateral 376, Southwest Interceptor Sewer to serve Oakridge Second Addition - $113,552.00 (468-82722/743195/480-411) y. Lateral 31, Main 1, Westlink Sewer to serve Westfield Acres - $10,916.00 (468-82753/743229/480-413) z. Lateral 14, Cowskin Interceptor Sewer to serve Auburn Hills Third Addition - $84,253.00 (468-82752/743245/480-415) aa. Constructing Storm Water Sewer #375 to serve Fox Pointe Addition (south of 29th, west of Webb Road) - $202,473.00 (468-81893/750836/485- 119) bb. Constructing Storm Water Sewer #455 to serve I-235 Power Center Addition (east of Hydraulic, south of 31st Street South) - $302,477.00 (468-82419/750893/485-125) cc. Constructing Storm Water Sewer #371 to serve Pearson Farms Additions - $53,237.00 (468-81868/750901/485-126) dd. Constructing Storm Water Drain #127 to serve Bradford North Addition (west of Tyler, south of 29th Street) - $20,634.00 (468- 82677/750919/485-127) ee. Constructing Storm Water Drain #124 to serve the Park Chateau Addition (east of Maize, south of Pawnee) - $33,812.00 (468- 82636/750927/485-128) ff. Storm Water Sewer #480 to serve Brentwood Village Addition - $142,614.00 (468-82667/750935/485-129) gg. Storm Water Sewer #481 to serve Hickory Creek Estates Addition - $212,442.00 (468-82683/750943/485-130) hh. Constructing Storm Water Sewer #128 to serve Regency Lakes and Regency Lakes Second Addition - $359,655.00 (468-82697/750950/485-131) ii. Constructing Storm Water Sewer #483 to serve Buckhead Second addition (north of Central, west of 119th Street West) - $149,743.00 (468-82705/750968/485-132) jj. Storm Water Drain #122 to serve Aberdeen Second Addition - $222,845.00 (468-82626/750984/485-134) kk. Constructing Lateral 137, War Industries Sewer to serve Regency Lakes Addition (north of 21st Street North, west of Greenwich Road) - $163,200.00 (468-82695/743062/480-398) ll. Constructing Storm Water Sewer #484 to serve Bridgefield addition (south of Central, east of 127th Street East) - $245,702.00 (468-82711/750992/485-135) mm. Constructing Storm Water Sewer #491 to serve Oak Ridge Second Addition (north of 29th Street North, west of Ridge Road) - $96,690.00 (468-82725/751057/485-140) Motion -- Knight moved that the Statements of Cost be received and filed and the proposed -- carried assessment rolls be prepared. Motion carried 7 to 0. BOARDS MINUTES MINUTES OF ADVISORY BOARDS. Board of Electrical Appeals, 11-18-97 Public Art Advisory Board & City Manager's Aesthetic Review Team, 12-11-97 Public Art Advisory Board & City Manager's Aesthetic Review Team, (corrected version) 10-9-97 Wichita Public Library, 12-16-97 Wichita-Sedgwick County Board of Health, 12-11-97 Motion -- Knight moved that the minutes be received and filed. Motion carried -- carried 7 to 0. STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. There were no street closures/uses considered. SUPP. AGREEMENT SUPPLEMENTAL AGREEMENT FOR IMPROVEMENTS TO ZOO BOULEVARD FROM 13TH STREET TO WINDMILL ROAD. (District V) Agenda Report No. 98-043. On July 30, 1996, the City Council entered into an agreement with Professional Engineering Consultants, P.A. (PEC) to design Zoo Boulevard from 13th Street to Windmill Road. The fee was $145,711. PEC has been asked to design improvements to the I-235 Interchange at Zoo. The Kansas Department of Transportation (KDOT) has agreed to reimburse the City for the design costs. Staff also asked PEC to make pavement and construction phasing design changes to accommodate the construction of the Northwest Transmission Water Line under the existing and proposed pavement of Zoo Boulevard. The change in the location of the water line was made so the construction of the line would not affect the many trees located between the railroad tracks along Zoo Boulevard and the adjacent residential properties. Supplemental Agreement No. 1 with PEC has been prepared. Payment to PEC for I-235 Interchange will be made on a cost plus percentage of cost basis not to exceed $56,000. The design project budget will be increased by that amount to $223,575.00, and will be reimbursed to the City by KDOT. Payment to PEC for the water line revisions will be made on a cost plus percentage of cost basis not to exceed $8,000 and will be paid by funds included in the Northwest Transmission Line project. The funding source is Water Utility. Motion -- Knight moved that the design budget increase and supplemental agreement be approved and the Mayor be authorized to sign; and the Ordinance be placed on -- carried first reading. Motion carried 7 to 0. ORDINANCE 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, introduced and under the rules laid over. CENTURY II PARKING PURCHASE OF PARKING CONTROL DEVICES FOR CENTURY II PARKING LOT #6. Agenda Report No. 98-044. In conjunction with construction of the Hyatt Hotel, Conference Center, and Parking Garage, Wichita Street between Lewis and Waterman has been realigned as part of the East Bank Street project. This construction reduced the size of Century II Parking Lot #6, located south of Expo Hall. Prior to hotel construction, Lot #6 used an honor box system for collecting parking revenue. Due to changes to Lot #6, the honor boxes were removed. Currently there is no charge for parking in this lot. Automated pay stations are being proposed for Lot #6 and adjacent lot to efficiently control parking and collect parking revenue. The Lexis 901 Electronic Pay Station provides change for overpayment, accepts coins, currency, credit cards and provides computer generated parking revenue reports. Cash is protected in a steel canister within a stainless steel vault. The Lexis Electronic Pay Station is user friendly, requiring a three step payment process. The Lexis Pay Station is a substantial improvement over a honor box-type receptacle. It is expected sufficient revenue will be generated to defray maintenance costs by using fully automated pay stations. The estimated cost of the parking control devices is $24,200. Funds for purchase and delivery of these parking control devices are available through savings from the site development budget for the East Bank Hotel, Conference Center and Parking Garage. Motion -- Knight moved that the purchase of three Lexis 901 Electronic Pay Stations for -- carried revenue collection on Century II Lot #6 be approved. Motion carried 7 to 0. PROPERTY INSURANCE PURCHASE OF PROPERTY INSURANCE (REVISED). Agenda Report No. 97-1194 A. The City has purchased property coverage through Liberty Mutual since 1992. With the current softening of the market, the Risk Manager solicited proposals from several providers: a large independent agency, a national broker, and the expiring carrier. On December 23, 1997, the City Council approved Sedgwick James as the new insurance carrier providing the best quote for property, boiler & machinery, and related coverages. The expiring carrier provided a quotation that was equal with the expiring coverage, in terms of premium, coverages, and deductibles. Insurance Management Associates, the independent agency, provided coverage terms and deductibles that were equal with the expiring policy but at a lower premium. Sedgwick James, the national broker, provided a proposal that expanded coverages, decreased the deductible, and substantially reduced the premium. Sedgwick James has a dedicated public entity program and is very knowledgeable in the areas of providing coverage for public entities. The coverage proposal is written through A rated companies (the highest rating) to insure their claims paying ability. In implementing the new insurance coverage, the analysis of property covered and values received from the previous carrier and used in soliciting proposals was determined to be incomplete. The insurance quote of not-to-exceed $85,000 was based on approximately $218 million in covered value. The updated value is approximately $274 million in covered value. For this 26% increase in value, the new insurance carrier, Sedgwick James, has agreed to a renegotiated increase in insurance premium of $94,049 or 11%. The quote from Sedgwick James remains the lowest cost with the highest coverage even with the higher value. The rate is guaranteed for a period of three years. Funding for the coverage is included in the budgeted expenditures of the self-insurance fund. The 1997 premium was $147,958. The quotation through Sedgwick James is $94,049 with the deductible being reduced from the current $100,000 to $25,000 per occurrence and the additional coverage value. Overall, the coverage cost is substantially lower than budget while providing superior coverage. Motion -- Knight moved that the purchase of 1998 property insurance, as revised, through Sedgwick James Insurance Brokers with coverage being provided by Reliance and Hartford Steam Boiler at a premium not to exceed $95,000, be approved. Motion -- carried carried 7 to 0. LASER CHECK PRINTING LASER CHECK PRINTING. Agenda Report No. 98-045. The City prints all checks from preprinted check stock on an impact printer that dates back to 1988. The preprinted check stock is expensive and must be ordered with the name of the City's current bank printed on the check stock. This necessitates high maintenance costs, cumbersome internal controls to secure check stock in one location (2nd Floor) while Treasury staff (12th Floor) must deliver stock to the Data Center (Basement) for printing. The impact printer is also aging and will need replacement. Requests for Proposals were solicited for laser printing of City checks. Bottomline Technologies, Inc. was the successful bidder. Laser printing improves internal control with greater convenience and efficiency in the following ways: [1] Improved check appearance. [2] The City can change banks or bank accounts without printing new check stock or wasting old ones. [3] Check stock need not be stored in a vault, only the printer's security cartridge must be secured. [4] Checks will no longer need to travel from the Data Center to Treasury (the new printer would be located in Treasury). [5] One spoiled check will not spoil the entire check run (as is now the case). [6] Check production will be faster, no longer involving separate printing, signing, and bursting processes. [7] The City will no longer pay for preprinted checks. [8] The system is also adaptable to payroll checks; additionally payroll advises (the statement to an employee when their payroll payment is electronically deposited) can be printed on a non-MICR printer. [9] The system makes it quicker, and more secure, to produce a manual check (when required). [10] The laser check system is also Year 2000 compliant. The cost of the laser printing project is $19,238, which includes the hardware (printer) and two year's maintenance, software and installation and the first year's maintenance on the software. Expenditures from the 1997 budget of the Department of Finance are sufficiently under budget to support a transfer of funds to a capital project to fund this project. Motion -- Knight moved that the budget and contract be approved, and the necessary -- carried signatures be authorized. Motion carried 7 to 0. YEAR-END BUDGET ADJUST. BUDGET ADJUSTMENT (1997 YEAR-END). Agenda Report No. 98-046. Final expenditures have been posted to the 1997 budgets. Budget adjustments are needed to accomplish fiscal year-end closing. Adjustments exceeding $10,000 require City Council approval in accordance with the City's Administrative Regulations. The first pay period in 1998 contains five days from 1997. Due to the timing of these year-end pay period dates, an accrual adjustment is required to accurately reflect all 1997 expenses within the 1997 fiscal period. In most cases, salary savings within the department (over and above planned savings) are sufficient to offset this extraordinary expense, but not in all cases. The total accrual will be over $1.64 million. It is requested to authorize up to $500,000 from the appropriated reserve (or within the departments' budgets, if possible) for the purpose of offsetting accrual expense in areas where a department would otherwise exceed the revised budget. Additionally, the Golf Course Fund experienced a record number of rounds played (203,074) in 1997, increasing revenue by $143,877 over the budgeted amount. The City is contractually obligated to pay the Golf Course contractors an amount per round; hence, a higher number of rounds played has created higher than budgeted contractual expenditures. In addition, year-end payroll accrual adjustments will be necessary. Authority is requested to increase budgeted fund expenditures by up to $40,000. Because of underexpenditures in various accounts, funding is available within each of the authorized funds/budgets. Appropriated reserves have been maintained (within legal levels and according to sound financial management). Funds are available to meet these needs without serious consequence to resources needed for future programs/operations. For the Golf Course Fund, revenues in excess of budgeted amounts offset the additional expenditure authority required to meet contractual obligations and payroll accrual expenditures. Compliance with State budget requirements have been met, since all budget adjustments are within funds, and the final 1997 expenditure totals -- after the adjustments -- will not exceed the legally adopted 1997 expenditure authorizations. Motion -- Knight moved that the year-end budget adjustments, to facilitate fiscal year-end -- carried closing, be approved. Motion carried 7 to 0. PROPERTY ACQUISITION ACQUISITION OF RIGHT-OF-WAY AND EASEMENTS FOR THE MERIDIAN STREET IMPROVEMENT PROJECT. (Districts IV and VI) Agenda Report No. 98-047. The Meridian Street Paving Project from Maple to Central, approved by Council on July 30, 1996 requires the acquisition of nineteen (19) temporary easements or partial acquisitions. One of the partial takes is located at 369 N. Meridian (Tract 8) and is owned by Kenneth L. Kindler. A temporary easement affects 201 S. Meridian (Tract 16) and is owned by Victor M. Gardner. The subject tracts are improved with a small commercial building on Tract #8 and a single family home on Tract #16. Tract 8 contains 55.23 feet of right-of-way and Tract 16 has 57.05 square feet of easement. Due to the small size of the tracts, a formal appraisal was not performed. Instead, a nominal value of $1,000.00 for Tract #8, and $375.00 for Tracts #16 were established. The owners have agreed to these prices. A total budget of $83,500 has been approved for the acquisition of the seventeen tracts. After these acquisitions $76,660.00 will remain to acquire the remaining tracts. The City Council has previously approved the purchase of thirteen other tracts for this project. Upon approval of these tracts there will be four tracts remaining to be acquired though either negotiation or eminent domain. A budget of $1,875.00 is requested representing $1,375 for the acquisition of the two parcels and $500 for closing costs. Motion -- Knight moved that the budget and the Contract be approved; and the Mayor be -- carried authorized to sign the necessary documents. LAWSUIT SETTLEMENT SETTLEMENT OF LAWSUIT - P. BALACHANDRAN. Agenda Report No. 98-048. Mr. Balachandran was injured as a result of an auto accident in December of 1995 at the intersection of 21st Street and Woodlawn. The vehicle he was driving was struck by a WPD squad car which was traveling at a high rate of speed and which lost control when the driver tried to avoid a vehicle which turned in front of him. As a result of the accident Mr. Balachandran suffered injuries to his chest and neck. He has incurred medical expenses to date of almost $10,000. He has filed a claim seeking damages in the amount of $100,000. After investigation of the claims and nature of the injuries, the risks associated with defending a lawsuit through trial were considered by all parties. Mr. Balachandran has offered to accept a total of $18,000.00 as full settlement of all of his claims against the City. Because there is a risk that the judgment at trial could exceed this amount, the Law Department and outside counsel recommend acceptance of this offer. The settlement of this claim does not constitute an admission of liability on the part of the City. Rather, it is merely a settlement to resolve a disputed claim. Funding for this settlement payment is from the City's tort claims fund. Motion -- Knight moved that payment to Mr. Balachandran of $18,000.00 as a full settlement of all possible claims arising out of the occurrence be authorized. Motion -- carried carried 7 to 0. STREET LIGHTING STREET LIGHT RESOLUTION #5-97. Motion -- carried Knight moved that the Resolution be Adopted. Motion carried 7 to 0. RESOLUTION NO. R-98-008 A Resolution authorizing and directing Kansas Gas and Electric, a Western Resources Company, to install and/or change certain street lights in the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. #5-97 ORDINANCES SECOND READING ORDINANCE. (First read January 6, 1998) ORDINANCE NO. 43-673 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-3227 PLANNING AGENDA Marvin Krout Director of Planning stated that Items 31, 32, and 34 could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Knight moved that Planning Agenda Items 31, 32, and 34 be approved as consensus -- carried Items. Motion carried 7 to 0. V-2053 V-2053 - REQUEST TO VACATE CONTINGENT STREET RIGHT-OF-WAY DEDICATION FOR VALLEY HI ROAD EAST OF CITY VIEW STREET, SOUTH OF MAPLE STREET. Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 98-049. Staff Recommendation: Deny vacation of contingent dedication. MAPC Recommendation: Deny vacation of contingent dedication. (unanimous) The property owners on whose land the contingent dedication of Valley Hi Road exists petitioned to vacate the contingent dedication. The land in question is adjacent to the Auburn Hills Development, but there has not been a final plat approved for the land that abuts Valley Hi Road. The condition of the contingent dedication is that at the time of development of the adjoining property, if a like amount of right-of-way is dedicated, then Valley Hi Road would become a public street. The Subdivision Committee voted unanimously to deny the requested vacation as being premature. It was felt by all members that some of the contingent road may be viable to be vacated once it is known how Auburn Hills will develop adjacent to the land in question. But until that time, none of the contingent dedication should be vacated. The MAPC heard this case on three occasions. At the first two meetings, the case was continued so the petitioners and the developer of Auburn Hills could work out a possible agreement on what portion of Valley Hi Road would be used. After delaying the case for the parties to work out an agreement, which did not occur, the MAPC voted unanimously to recommend the vacation be denied for the same reasons as the Subdivision Committee. Since this is a county case, but is within the 3-mile area of the City, the City Council is afforded the opportunity to review and comment on the petition prior to the hearing before the Board of County Commissioners. There is no public hearing, but the Council may take comments. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Jim Schaefer Jim Schaefer, representing Mr. and Mrs. Farmer, pointed out that the dedicated half road is actually a part of Lot 2 and that the Farmers had requested the vacation for purposes of protecting their property. The Farmers have tried to work with Mr. Russell but have been unable to come to an agreement. A vacation is proper at this time. Bob Kaplan Bob Kaplan, representing Mr. Russell, said the vacation request is premature. Until Mr. Russell submits a planned unit development for the property to the south, there is no way of determining the feasibility of retaining the street or whether or not the street will be an integral part of the development or needed for access. There is no merit or need for a vacation today. There is no justification legal or non-legal. The access is needed anyway. Even if the dedication is vacated, access must be provided to the neighbor on the west. Tom Farmer Tom Farmer, property co-owner, said the contingent dedication agreement was established in 1975 and described the full length of Valley High Road, 1,179 feet, adjacent to property owned by Mr. Farmer and his neighbors. The dedication requires the following conditions in order for a conversion to a public right-of- way: 1) the said right-of-way is needed for public street purposes; 2) not until additional right-of-way of at least equal length and width is added by others. The landowners who signed the previous agreement have said their interpretation of the dedication agreement was that the full length of the road needed to be dedicated, not just a portion of the road. The previous landowners are willing to sign an notarized statement to that effect. The previous and current Auburn Hills development plans do not make use of the full length of the road. The last plan on file is for Project No. 97800852F-EX dated December 8, 1997. In fact, at the last meeting with the Planning group, Jay Russell expressed clear preference that only a portion of Valley High Road would be used. Mr. Farmer said the developer does not intend to dedicate the required full width and length of the development land towards making this a public right-of-way. Mr. Farmer wants to minimize the traffic on that street. Mr. Farmer proposed that the contingent dedication be removed because it is a road block (neither the Farmers nor Mr. Russell want the entire length used as a public right-of-way); and that the Farmers and Mr. Russell be encouraged to negotiate a sale of personal private property for Auburn Hills based on a mutually satisfactory agreement. Marvin Krout Director of Planning, responding to a question, said he believed that it is right that the dedication requirement is for a full dedication. The Director of Planning also said he thought it is right that the Planning Commission cannot approve the plat with the partial dedication without the agreement of Mr. Farmer. This is a moot subject because Mr. Russell is going to have to negotiate with Mr. Farmer anyway. If an acceptable agreement cannot be negotiated, Mr. Russell may be willing to resubmit the plat and provide the required full length right-of-way to meet the contingency requirement. Council Member Ferris Council Member Ferris said he does not feel Mr. Farmer has a right to compensation because, when the land was purchased, that dedication was not paid for because it had already been dedicated. Motion -- Ferris moved that the recommendations of the Subdivision Committee and the MAPC in denying the petition to vacate the contingent right-of-way dedication for -- carried Valley Hi Road be approved. Motion carried 7 to 0. SCZ-0759 SCZ-0759 - REQUEST FOR ZONE CHANGE FROM "SF-20" SINGLE-FAMILY RESIDENTIAL TO (Item No. 31) "TF-3" TWO-FAMILY RESIDENTIAL, LOCATED NORTH OF U.S. HIGHWAY 54, EAST OF 151ST STREET WEST. (District V). Agenda Report No. 98-050. MAPC Recommendation: Approve, subject to platting within one year. Staff Recommendation: Approve, subject to platting within one year. The applicant requests a zone change from "SF-20" Single- Family Residential to "TF-3" Two-Family Residential for approximately 10.6 acres currently being platted as part of the Auburn Hills 5th Addition, located east of 151st Street West and north of U.S. Highway 54. This acreage is part of a larger tract that the City Council voted to annex on December 9, 1997. The annexation should become effective on December 19, 1997, and so the City Council should consider the zoning request in January. The subject property is in a developing residential area, with the majority of the property zoned "SF-20" Single-Family Residential to the west, north and east. The site is currently used for agricultural purposes. There are several homes on large lots approximately ½ mile to the north, with a single- family subdivision (Tapestry Meadows Addition) located across 151st Street to the west on property zoned "SF-20". There is a mix of commercial ("LC"), residential ("SF-20" & "SF-6"), and agricultural ("SF-20") uses and zoning located adjacent to the south. To the southeast of the site is a school on property zoned "GC" General Commercial. The proposed plat shows the proposed duplex lots (Lots 1 through 26, Block D) forming the southern boundary of the subdivision and is served by Fivewood, a collector street, and two cul-de-sacs. Applicants: BER, LLC c/o Jay Russell, 12602 W 13th, Wichita KS; Baughman Co., PA c/o Terry Smythe, 315 Ellis, Wichita KS. Protesters: Lloyd Buess, 1528 Wheat Lane, Rt 9, Wichita KS. Motion -- Knight moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC be approved, subject to the recommended conditions, and the Planning Department be instructed to forward the Ordinance for first reading when the plat is forwarded to the City Council. Motion carried -- carried 7 to 0. DP-183/Z-3261 DP-183 #9 - PROPOSED AMENDMENT TO EXPAND THE DAVIS-MOORE COMMUNITY UNIT PLAN; AND (Item No. 32) Z-3261 - REQUEST FOR ZONE CHANGE FROM "TF-3" TWO-FAMILY RESIDENTIAL TO "LC" LIMITED COMMERCIAL. (District II) Agenda Report No. 98-051. MAPC Recommendation: Approve, subject to Conditions (10-1). Staff Recommendation: Approve, subject to Conditions. CPO Recommendation: Approve, subject to staff recommendations (7-0). The applicant requests a zone change from "TF-3" Two-Family Residential to "LC" Limited Commercial for Lot 6, Drivers Addition (554 S. Lexington), located north of Orme, east of Lexington. The applicant also requests an amendment to expand the Davis-Moore Community Unit Plan to add the lot proposed for rezoning to the C.U.P.. The subject property is currently developed with a single- family home and is bordered by the Davis-Moore auto complex to the east, north, and across Lexington to the west. There are single-family homes to the south across Orme, and one remaining home still zoned "TF-3" (Lot 8) two lots north of the site on Lexington. There are two homes across Lexington and one adjacent to the north remaining from previous amendments waiting to be moved, and the applicant indicates that the existing home on the subject property will be removed and the lot will be used, as in past amendments, as a vehicle storage area for the auto complex. This amendment will extend all conditions approved as part of past amendments, including restrictions on placing loudspeakers within the proposed storage area and the provision addressing drainage from the subject property. The C.U.P. drawing shows complete access control along Lot 6 where adjacent to Lexington and Orme. The expanded storage area will have access to the larger car lot to the east and north. Due to the fact that the properties to the south are still residential, the required 10 foot landscape planting strip along Lexington, as well as the extension of the wood fence between the auto dealership and adjacent residential properties, will be extended through this amendment. As in past amendments, the required planting strips will be installed when any improvements are initiated on those lots. During the MAPC hearings on the previous amendment, the issue of storm water drainage was raised by several of the area residents to the south of Orme, The applicant's engineer created a solution to mitigate the problems associated with increased runoff created by the paving of the former residential lots located between Lexington and Lightner. The solution requires the applicant to use the standard design of the parking area -- specifically the curbing -- to slow the drainage from the parking lot. This drainage plan can be implemented without any loss of use of the property to park vehicles. If and when Lot 8 to the north is acquired in the future and the entire ownership is consolidated by replatting to vacate Lexington, a more comprehensive drainage plan will be required. Motion -- Knight moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC be approved, subject to the recommended conditions, and the Ordinance be placed on first reading. Motion carried -- carried 7 to 0. ORDINANCE An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, introduced and under the rules laid over. Z-3261 Z-3262 Z-3262 - REQUEST FOR ZONE CHANGE FROM "SF-6" SINGLE-FAMILY RESIDENTIAL TO "GO" GENERAL OFFICE LOCATED SOUTH AT THE EAST CORNER OF CENTRAL AND EAST OF JACKSON STREET. (District II) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 98-052. MAPC Recommendation: Approve, subject to platting within 1 year and the additional provisions of a (P- O) Protective Overlay (7-4). Staff Recommendation: Deny. CPO Recommendation: Approve, subject to the additional provisions of a (P-O) Protective Overlay (5-2). The applicant requests a zone change from "SF-6" Single- Family Residential to "GO" General Office for a 8.6 acre tract located south of Central and east of Jackson Street. The applicant is requesting the zone change in order to convert the existing homes into an "exclusive, low-density office park." During the December 8, 1997, CPO(2) meeting on this request the agent for the applicant offered several restrictions on the proposed development in the form of a protective overlay in order to address the concerns of opposing area residents. This protective overlay includes use restrictions, limits of floor area, sign restrictions, architectural controls, height limits, setbacks from Central, and access controls. In addition to the PO, the agent also submitted a concept plan of the proposed office park. CPO(2) recommended approval (5-2) of the request, subject to these conditions. The application area is surrounded to the west, south, and east by single-family homes on large lots zoned "SF-6" Single-Family Residential. These properties were included in the recent unilateral annexations conducted this past fall. The property at the southwest corner of Central and Jackson allows the sale of agricultural products for a five-year time period via a Conditional Use (CU-453) approved on September 11, 1997 by the MAPC. Property north of Central remains in the County and is an undeveloped pasture with "SF-20" zoning. There are three homes situated within the application area, with the site bisected by the Spring Branch Tributary #4 and is characterized by wooded drainageways and mature trees. The two homes lying north of the creek have access to Central, while the third home south of the creek connects to Jackson. According to the Soil Survey of Sedgwick County, this site does not contain any hydric soils commonly associated with wetlands. However, FEMA maps identify a portion of this area as floodplain. Any development within these identified floodplain areas will be reviewed as part of the platting process, if rezoning is approved. The "GO" district was added to the Unified Zoning Code to "accommodate office development and other complimentary land uses" and is "generally compatible with the `Office' designation of the Wichita-Sedgwick County Comprehensive Plan." The "GO" district allows such uses as hotels/motels, hospitals, medical service uses, in addition to offices. The "GO" district also restricts signs to a maximum of 96 square feet per zoning lot, with no artificial illumination, and limits the height to 22 feet. 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 approved, subject to the recommended conditions, and the Planning Department be instructed to forward the Ordinance for first reading when the plat is forwarded to the City Council. Motion carried -- carried 6 to 1. Knight - No. Z-3263 Z-3263 - REQUEST FOR ZONE CHANGE FROM "B" MULTI-FAMILY RESIDENTIAL TO "NR" (Item No. 34) NEIGHBORHOOD RETAIL LOT LOCATED AT THE SOUTHWEST CORNER OF 31ST STREET SOUTH AND HANDLEY. (District IV) Agenda Report No. 98-053. MAPC Recommendation: Approve (11-0). Staff Recommendation: Approve. CPO Recommendation: Approve (9-0). The applicant requests a zone change from "B" Multi-Family Residential to "NR" Neighborhood Retail on a 0.23 acre portion of a platted lot located at the southwest corner of 31st Street South and Handley. The applicant intends to rezone in order to expand the existing Sherwin-Williams paint store into the subject property. The application area has been used for the store's parking. The site plan submitted with the application shows the addition of approximately 1,770 square feet of floor space extending east of the existing 4,400 square foot store. The plan shows the southern access opening onto Handley (currently there is two) as being closed. The zoning and land uses are predominately commercial to the west, multi-family residential (three four-plex units) to the east, and single- family residential to the south. The Southwest Baptist Church is located across 31st Street to the north on property zoned "SF-6". Motion -- Knight moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC be approved, subject to the recommended conditions, and the Ordinance be placed on first reading. Motion carried -- carried 7 to 0. ORDINANCE An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, introduced and under the rules laid over. Z-3263 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 legal advice; preliminary discussions relating to the acquisition of real property for public purposes; and the regular meeting be -- carried resumed at 11:05 a.m. in the City Council Chambers. Motion carried 7 to 0. RECESS Council recessed at 10:55 a.m. and reconvened in regular session at 11:15 a.m. Mayor Knight Mayor Knight announced that no action was necessary as a result of the executive session. ADJOURNMENT The City Council meeting adjourned at 11:15 a.m. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 164 JANUARY 13, 1997 Page 46