MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, July 16, 2002 Tuesday, 9:01 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Brewer, Fearey, Gale, Lambke, Martz, Pisciotte, present. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. Nabil Seyam, Muslim, gave the invocation. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. Minutes -- approved The Minutes of the regular meeting of July 9, 2002, were approved 7 to 0. AWARDS AND PRESENTATIONS PROCLAMATIONS Proclamations previously approved were presented. YOUTH SERVICE Wichita's Promise - Youth Community Service Awards were presented. UNFINISHED BUSINESS TREATMENT PLANT NORTHWEST SEWAGE TREATMENT PLANT. David Warren Director of Water and Sewer reviewed the Item. Agenda Report No. 02-1619 On January 19, 1999, the City Council approved in concept a plan for a new sewage treatment plant and associated collection system improvements to serve northwest Wichita (S-512). On March 30, 1999, the City Council approved the purchase of site 7a for this plant. On September 28, 1999, the City Council approved a contract with Professional Engineering Consultants for management services for the project. On September 20, 2000, the City Council approved creation of S-512 and a budget of $23.1 million to pay for design and construction of the various projects. Construction of the plant, facilities and sewer system improvements to serve the plant is well under way and expected to be completed this Fall. Unfortunately, as the project has progressed, a number of factors have caused an increase in the cost over the original estimate of $23.1 million. These are primarily related to regulatory issues, construction obstacles related to the location of the plant, building capacity for future expansion to avoid higher cost later, and aesthetics. The wetlands development and riparian corridor expense included in the budget ($450,000) anticipate federal grant funds that the City has been told would be available; should those grant monies not be available, the cost could increase by an additional $1 million, based on what the City Council at that point decides to include. When staff knows what grant funding is available, and has better cost estimates, staff will bring this part back to the City Council. Staff estimates that the project will cost an additional $6 million. Of that, $4 million was factored into the CIP as approved by the City Council on May 14. Three projects included in the adopted CIP may be reduced, resulting in no increase in the CIP and no additional rate increases. --Delete the 2002 budget for S-5, Mains for Future Development - $400,000 --Delete the $600,000 budgeted for Four Mile Creek Interceptor Crossing; instead of being replaced, the interceptor will be relined and paid for from S-4, Reconstruction of Old Sanitary Sewers. --Decrease the 2002 budget for S-315, War Industries Sewer Reconstruction, by $1 million, due to savings in the $14.7 million project. Two proposed CIP projects were decreased in scope and/or rearranged in the final draft of the Sewer Master Plan in response to the increased cost of the Northwest Sewer projects: --A preliminary recommendation of the Sewer Master Plan was to decommission Plant 1, at a cost of $21 5 million. However, the final recommendation was to spend $5.2 million on remediation of Plant 1. --Another preliminary recommendation was to spend about $32.3 million to build a 7 mgd sewage treatment plant in southwest Wichita. The final recommendation was to spend $1.3 million to upgrade the Cowskin pump station and $19.7 million to build a 3 mgd sewage treatment plant. Responding to questions, the Director of Water and Sewer said Staff does not intent do eliminate the $450,000 aesthetics portion but are encouraging the Kansas Department of Wildlife to release funds for this use. When funds are identified and committed for that portion of the project, the Item will be returned to City Council for approval. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Council Member Fearey Council Member Fearey said she hoped the property would be maintained beautifully without cost to the Park Department. Motion -- Martz moved that the modified CIP and Notice of Intent to Publish be approved; the expenses be -- carried authorized; and the necessary signatures be authorized. Motion carried 7 to 0. RESOLUTION NO. 02-344 A Resolution of the City of Wichita, Kansas, declaring it necessary to construct, reconstruct, alter, repair, improve, extend and enlarge the water and sewer utility owned and operate by the City, and to issue Revenue Bonds in a total principal amount which shall not exceed $6 Million, exclusive of the cost of interest on borrowed money, for the purpose of paying certain costs thereof, and providing for the giving of notice of such intention in the manner required by law, presented. Martz moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Brewer, Fearey, Gale, Lambke, Martz, Pisciotte, Knight. (Addendum # 1A) EQUITY FEE PLANT EQUITY FEE RECALCULATION ORDINANCE. David Warren Director of Water and Sewer reviewed the Item. Agenda Report No. 1471 A Plant equity fees for water and sewer connections were enacted in 1994. Current fees are based on a 1995 recalculation. Plant equity fees reflect a "growth pays for itself" policy orientation. The fees, as adopted, incorporate a "system buy-in" methodology which recognizes the value of current facilities and improvements that are projected to be built which provide the capacity necessary to serve new customers. The calculations used in this method involve a recap of current system equity, i.e., relevant asset values, divided by treatment capacity. Costs are then allocated to new service connections on the basis of meter capacity ratios based on service size. The basic concept is that new service applicants, in effect, purchase a prorated share of the overall system equity that existing customers have accumulated over time. In 2001, as the City Council considered the need to process rate adjustments for the Water and Sewer Utilities, Staff prepared several alternatives that would have the effect of moderating rate impacts to the general customer base. One of the approved options was to examine plant equity fees and determine the appropriateness of the fees currently being charged in view of many additions that have taken place to plant assets and system capacity since 1995. Accordingly, Staff hired Black and Veatch (Consulting Engineers) to perform a recalculation of plant equity fees. Following is a recap of the current rates by connection size for Water and Sewer and the rates proposed under the recalculation: COMPARISON OF CURRENT AND PROPOSED PLANT EQUITY FEES Connection Size Current Water Proposed Water Current Sewer Proposed Sewer Charges Charges Charges Charges 1" or less $ 940 $ 1,060 $ 500 $ 760 2" 3,010 3,390 1,600 2,430 3" 5,640 6,400 3,000 4,600 4" 9,400 11,000 5,000 8,000 6" 18,800 21,000 10,000 15,000 8" 30,100 34,000 16,000 24,000 10" 43,200 49,000 23,000 35,000 Sewer connection sizes are derived by an association with water connection sizes. The recalculation encompasses projected capital expenditures in both Utilities through 2005 and is reflective of the substantial investment in facilities that will occur during this period. Historical averages indicate that approximately 1,700 applications will be processed annually for water and sewer connections. The number of annual applications for larger service sizes is extremely variable and hence, no attempt is made to project revenues from these sources. Using connections up to one inch and 1,700 connections annually as a base, implementation of the revised plant equity fees would produce an additional $204,000 in annual revenues to the Water Utility and an additional $442,000 in annual Sewer Utility revenues. These additional revenues would be a direct offset to the need for a general rate increase in both Utilities. Plant equity fees calculated on the basis of the system buy-in methodology result in the enactment of a rational, legally defensible fee structure. Given the fact that the components which combine to produce the rates under this methodology (system equity and plant capacity) are changeable over time, it is prudent and appropriate to periodically adjust the rates. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Pisciotte moved that the Plant Equity Fee changes be approved and that the Ordinances be placed on -- carried first reading. Motion carried 7 to 0. ORDINANCE An Ordinance amending Section 16.14.041 of the Code of the City of Wichita, Kansas pertaining to payment of Plant Equity Fees for connection of sewer service; and repealing the Original of Section 16.14.041, introduced and under the rules laid over. ORDINANCE An Ordinance amending Section 17.12.061 of the Code of the City of Wichita, Kansas pertaining to payment of Plant Equity Fees for connection of water service; and repealing the Original of Section 17.12.061, introduced and under the rules laid over. NEW BUSINESS HEALTH SERVICES REQUEST FOR LETTER OF INTENT FOR TAXABLE INDUSTRIAL REVENUE BONDS - WICHITA HEALTH SERVICES, L.L.C. (District VI) Allen Bell Financial Projects Director reviewed the Item. Agenda Report No. 02-1620. Wichita Health Services, L.L.C., a Kansas limited liability company, has requested issuance of a Letter of Intent to issue Industrial Revenue Bonds in an amount not to exceed $6.3 million. The bonds will finance the acquisition and rehabilitation of the existing Terrace Gardens Campus, located at the 1300 Block of West Street in northwest Wichita. The company is also requesting that the property purchased and constructed with the bond proceeds be exempted from ad valorem property taxes for a five-year period. Terrace Garden currently consists of a 150-bed skilled nursing facility (39,789 s.f.), a 55-unit residential care facility (35,179 s.f.), and a 100-unit senior apartment unit (63,854), located at the intersection of 13th and West. The proceeds from the sale of bonds will be used to finance the acquisition and construct certain ADA and regulatory improvements, and refurnish and equip the existing facility including the addition of new entrances and carports to entrances. The company anticipates adding to the project as research establishes a demand for the various types of care within the local marketplace. The name of the nursing center will be changed to LakePoint Retirement and Rehabilitation Center - Wichita. The company will operate and manage senior housing, assisted living, skilled nursing and Alzheimer/dementia care on the Project campus. The senior housing will provide housing, meals and housekeeping for residents having the occasional need for medical attention. The assisted living is for those residents needing regimented medical support. The skilled nursing unit will help those individuals needing full-time 24-hour medical services. The special care unit will provide dementia care to those residents needing full-time supervisory services. The company predicts that approximately 130 to 140 full-time employees will be employed at the facility with a few additional part-time employees. This will include retaining the 45 jobs currently existing at the facility. An estimated analysis of the uses of project funds is: USE OF FUNDS Building & Land $5,125,000 Building Improvements 525,000 Architect 25,000 Equipment & Furnishings 50,000 Interest 300,000 Contingencies 50,000 Acct., Finance, Legal Cost 225,000 Total cost of Refinancing Project $6,300,000 The firm of Hinkle Elkouri Law Firm, L.L.C., will serve as bond counsel in the transaction. Municipal Financial Group, of Blue Springs, MO, will serve as financial advisor to Wichita Health Services. The bonds will be privately placed with one or more accredited investors. Wichita Health Services, L.L.C. agrees to comply with the Standard Conditions contained in the City's IRB Policy. Wichita Health Services requests property tax abatement in conjunction with the IRBs. The City's IRB Policy specifically prohibits granting a tax abatement for existing property. The Policy also requires that an amount equal to 20% of the bond amount be spent on rehabilitation of the property. Wichita Health Services proposes to spend $600,000 initially and an additional $660,000 on future rehab within a five-year period, subject to market feasibility. Staff recommends against making an exception to the IRB Policy for this project. Wichita Health Services, L.L.C. agrees to pay all costs of issuing the bonds and agrees to pay the City's $2,500 annual IRB administrative fee for the term of the bonds. Bond documents will be prepared by the bond counsel for the project. The City Attorney's office will review all final documents prior to the issuance of any bonds. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Fearey moved that the six-month Letter of Intent for Taxable Industrial Revenue Bonds to Wichita Health Services L.L.C. in an amount not to exceed $6,300,000, without property tax abatement, subject to the Standard Letter of Intent Conditions and subject to meeting all requirements of the City's IRB -- carried Policy, be approved; and the necessary signatures be authorized. Motion carried 7 to 0. KDOT KANSAS DEPARTMENT OF TRANSPORTATION PROJECT FUNDING REQUESTS. Jamsheed Mehta Planning Department reviewed the Item. Agenda Report No. 02-1621 MAPC Recommendation: Authorize submittal of projects request. As a continuation of their local partnership program, the Kansas Department of Transportation (KDOT) is requesting project submittal for the KLINK Resurfacing, Geometric Improvement, and Economic Development projects. The KLINK project requests are for fiscal year 2005 (July 1, 2004 through June 30, 2005) and the Geometric and Economic Development projects are for fiscal year 2006 (July 1, 2005 through June 30, 2006). The Geometric and Economic Development projects were developed by the City Manager's Office, Public Works Department, Finance Department's Economic Development, and the Planning Department. Staff recommends the follow projects. The Geometric and Economic Development projects were developed by the City Manager's Office, Public Works Department, Finance Department's Economic Development, and the Planning Department. Staff recommends the follow projects: Geometric Improvements Costs 1) Widening the corridors along both $3,803,625 South Broadway (46th St. S. to 48th St. S.) and 47th St. S. (Main to I-135) Economic Development Costs 1) Reconstruct and reconfigure Dugan, $3,000,000 Pueblo, and Hoover Road from US-54/400 (Kellogg) to Harry If approved, KDOT will participate in the cost of the requested projects, as follows: KDOT% KDOT Local/Other Share Share Geometric Improvements Category 1) Widening the corridors along both 25% $950,000 $2,853,625 South Broadway (46th St. S. to 48th St. S.) and 47th St. S. (Main to I-135) KDOT% KDOT Local/Other Share Share (Economic Development) 1) Reconstruct and reconfigure Dugan, 67% $2,000,000 $1,000,000 Pueblo, and Hoover Road from US-54/400 (Kellogg) to Harry If one or more of these projects are awarded by KDOT, some reprioritization of funds may be necessary to make the match. The local share for this program would need to be programmed in the Capital Improvement Program in 2006. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Martz moved that the projects be approved and Staff be authorized to submit project requests to -- carried KDOT. Motion carried 7 to 0. CORR. HOUSING PROPOSED AMENDMENTS TO ALTERNATIVE CORRECTIONAL HOUSING ORDINANCE - LICENSING/SITING CRITERIA. Kurt Schroeder Superintendent of Central Inspection reviewed the Item. Agenda Report No. 02-1622 In May of 2001, spacing requirements were enacted by the City Council for alternative correctional housing facilities having a sex offender population. Section 20.08.120 of the City Code provides that any new alternative correctional housing facility may not be licensed and any existing such facility may not be relicensed if it is within 1,200 feet of several various uses, including public or private preschools; elementary, middle and high schools; day care centers; public parks or playgrounds; private businesses that primarily serve children or youth under age 18; residences or agencies that provide on-site services to persons with developmental, physical or mental disabilities; taverns or drinking establishments; adult entertainment establishments; and residential zoning districts. At the time the Council enacted Section 20.02.120 of the Code, it was apparent that three existing alternative correctional housing facilities would be ineligible for relicensing due to the spacing requirements. These facilities are Mirror, Inc. at 3820 North Toben, Mirror, Inc. at 236 South Pattie, and Dodge House at 735-739 North Topeka. The City Council directed the Alternative Correctional Housing Advisory Board (the Board) to study the issue of reintegration of sex offenders into the Wichita community, and to formulate a recommendation for the Council regarding alternative correctional housing facilities that house sex offenders. The Board has worked diligently on this assignment (beginning in July 2001), gathering facts, listening to presentations from experts in this area, and weighing various alternatives in an attempt to determine the best course of action to recommend to the Council. As part of this process, the Board also thought it important to seek additional public input from District Advisory Boards, neighborhoods and other effected groups. The members of the Board considered full and complete public input a necessary and vital component of any recommendation/s that it might present to the Council. To assure a thorough public input process, the City Council passed a resolution on March 19, 2002 that placed a moratorium on the enforcement of spacing requirements as they would apply to the relicensing of existing alternative correctional housing facilities. This moratorium applied for 90 days, and extended the re-licensure deadline for existing alternative correctional housing facilities for up to 90 days (or until August 3, 2002). Since the moratorium was passed, the Board and staff have made presentations to all six (6) District Advisory Boards (also notifying effected neighborhoods and other interested parties of these DAB presentations), have reviewed the input received from the DABs, have conducted a final public hearing at the ACH Board's June 13, 2002 meeting, and have held several additional ACH Board sub-committee and regular Board meetings to finalize the ACH Board's recommendations to the City Council. On June 27, 2002, the Alternative Correctional Housing Advisory Board met to finalize its recommendations for amendments to the City ordinance governing Alternative Correctional Placement facilities. The proposed ordinance, as amended, would allow certain existing, licensed facilities that house sex offenders, and that fail to meet the 1,200' distance separation requirement, to continue to house sex offenders, PROVIDED that a number of enhanced program operation and facility security/supervision requirements can be achieved within ninety days. Furthermore, the proposed ordinance amendments provide for increased auditing and monitoring of existing facilities that house sex offenders. The proposed amendments include the following enhanced security, supervision and community education requirements for existing facilities that house sex offenders: · Facilities must development and implement an enhanced facility security/supervisor plan. If the facility contracts with a government agency (such as the Kansas Department of Corrections (KDOC) or the Federal Bureau of Prisons), such plan must be reviewed and approved by the contracting agency. If the facility has no such contract, the plan must at a minimum comply with at least eight (8) additional security provisions as outlined in the amended ordinance. These additional security provisions include best practices/guidelines from Crime Prevention Through Environmental Design (CPTED), KDOC standards/practices, and practices/guidelines from the American Correctional Association. · Facility operators, owners and/or managers must show a commitment to work with the surrounding neighborhood and the Wichita Police Department to engage neighbors in community education and dialogue relating to personal safety, and to inform neighbors of all existing education, training, and personal safety programs offered by the police department. · Facility operators, owners, and/or managers must show a commitment to maintain continued communication with police officers assigned to the neighborhood, encourage periodic visits to the facility and surrounding businesses by such police officers, and facilitate training and education programs provided by police for neighborhood audiences. · The population of sex offenders at such facilities shall be limited to fifty percent (50%) of the facility's total licensed capacity at any given point in time. The facility shall maintain at all times a current list of residents who are sex offenders. The list shall be submitted on a monthly basis to the Office of Central Inspection in accordance with the rules and regulations governing such submissions, and to the chief of police, or the chief's designee. A copy of this list shall also be maintained on the premises of the facility at all times and shall be made available upon request to the program auditor or any duly authorized officer or agent of the city, or any law enforcement officer. . Facility operators, owners, and/or managers shall be responsible for disclosing to the neighborhood residents and businesses the plan for supervision of sex offenders housed in such facility. In addition to the above, the proposed amendments subject non-conforming facilities (that are not under contract with a government agency) to additional program and security audits/random checks by the program auditor, duly authorized agents of the City, any law enforcement officer and/or any private contractor hired to perform additional security investigation/auditing. The enhanced standards will require additional premise inspections by the Office of Central Inspection and the Wichita Police Department, and may require additional program auditing by the current program auditor or a private security auditor. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Margalie Bradley Alternative Correctional Housing Board said that without facilities, sex offenders would be housed in the community at-large, and urged approval of the Ordinance. Motion -- Pisciotte moved that the Alternative Correction Housing Licensing Ordinance amendments be approved; and the Ordinance be adopted on first reading. Motion carried 7 to 0. ORDINANCE An Ordinance amending Section 20.08.120 pertaining to the exemption of certain existing Alternative Correctional Housing Facilities from spacing requirements related to such facilities that house sex offenders, and creating Section 20.08.125 of the Code of the City of Wichita pertaining to additional standards required of such Alternative Correctional Housing Facilities and repealing the original of Section 20.08.120, introduced and under the rules laid over. BUDGET 2003 ANNUAL OPERATING BUDGET AND REVISIONS TO THE 2002 BUDGET. Ray Trail Director of Finance reviewed the Item. Agenda Report No. 02-1623. The City Council has received the City Manager's Proposed 2003/2004 Budget (including tax increment financing districts). The Council is receiving public comment at its weekly Council meetings. The proposed 2003 annual operating budget is $354,301,280. Interfund transactions and appropriated fund balances increase this amount to $471,183,935. The inclusion of expendable trust funds, as required by law, is an additional $50,311,130 for a total of $521,495,065. The estimated mill levy for this budget would be 31.474 mills, no change from the levy for the current 2002 adopted budget. The General Fund property tax levy is $46,952,520 (including a delinquency allowance) at an estimated 21.474 mills. The levy for the Debt Service Fund is $21,982,550 (including a delinquency allowance) and is estimated at 10.000 mills. The dollar amounts, after they are set in the published notice of hearings on the proposed budget, cannot be exceeded, although the City Council may determine subsequently to reduce the mill rate. Formal hearing and adoption of the budget is scheduled for August 13. If subsequent actions result in an increase to the budget, a process of republication, hearings and certification will be required. In addition to action on the 2003 Budget, it is requested that action be taken to amend the 2002 adopted budget - as contained in the proposed budget submitted to the City Council: 1. The Special Alcohol Programs Fund increases $862,070 to accommodate earlier actions by the Council to implement a case management system for client tracking subsequent to receiving treatment services, and to make available $250,000 for innovative pilot programs in the area of alcohol dependency treatment. 2. The Economic Development Fund increase of $3,962,820 is necessary to affect the economic incentive program for lower air fares previously approved by the Council. 3. The Equipment Motor Pool Fund (Fleet) is increased $5,233,840. The Fire Fleet Maintenance operation has been merged with the rest of the City's operation. The budget has been adjusted upward and is offset by a transfer from the General Fund. Due to the continuing fluctuation in fuel prices, a contingency is included for increased fuel costs. Finally, contingencies are included for flexibility and to implement elements of the Fleet Study, as needed. 4. The Stationery Stores Fund requires an additional $455,970. The new all-in-one printer/copiers create a financial shift. The IT Fund formerly received revenue from network printers. Many of these have been replaced by copiers, the revenues for which are accounted for in the Stores Fund. Beginning in 2003, major components of Stationery Stores will be consolidated into the IT Fund. Publication of the notice of formal hearing will set the maximum dollars that may be expended in each fund. The City Council may subsequently reduce expenditures required (and proposed tax dollars to be levied) but not increase them. As required by law, the proposed budget will be published with appropriated balances. State statutes require formal public hearings prior to approval of the annual operating budget and for budget amendments of published funds. The 2003 Budget must be adopted by the City Council on August 13, and will be filed with the County Clerk by the statutorial date of August 25. Mayor Knight Mayor Knight inquired whether anyone wished to speak and no one appeared. Motion -- Pisciotte moved that the City Council set the public hearing on the proposed 2003 Budget (including the Tax Increment Financing Districts and the Self-Supporting Municipal Improvement District downtown) and the revised 2002 Budget, for August 13, 2002; and approve first reading of the budget, TIF district, -- carried and SSMID Ordinances. Motion carried 7 to 0. ORDINANCE An Ordinance making and fixing general tax levy for the City of Wichita, Kansas, for the year beginning January 1, 2003, and ending December 31, 2003, and relating thereto, and concurrently approving certain amendments to the 2002 adopted budget, introduced and under the rules laid over. ORDINANCE An Ordinance making and filing an increment in Ad Valorem Taxes for the Gilbert and Mosley Site Redevelopment District, City of Wichita, Kansas, for the fiscal year beginning January 1, 2003, and ending December 31, 2003, introduced and under the rules laid over. ORDINANCE An Ordinance making and filing an increment in Ad Valorem Taxes for the North Industrial Corridor Redevelopment District, City of Wichita, Kansas, for the fiscal year beginning January 1, 2003, and ending December 31, 2003, introduced and under the rules laid over. ORDINANCE An Ordinance making and fixing general tax levy for the downtown Wichita Self-Supported Municipal Improvement District for the year beginning January 1, 2003, and ending December 31, 2003, introduced and under the rules laid over. (The following Item was heard later in the meeting; action is shown in Agenda order.) (Item No. 6) GO BOND SALE GENERAL OBLIGATION TEMPORARY NOTE SALE (SERIES 206); AND GENERAL OBLIGATION BOND SALE (SERIES 770, 771, AND 956). Agenda Report No. 02-1624 The City is offering for sale one series of General Obligation Temporary Notes totaling $94,640,000 and two series of general obligation bonds totaling $17,765,000 for the purpose of providing temporary and permanent financing for capital improvement projects of the City, and one series of general obligation bonds totaling $8,000,000 for the purpose of providing temporary and permanent financing for Tax Increment Finance (TIF) related projects of the City. The proceeds of the Series 206 Temporary Notes will be used to provide interim financing for various City-at-large, improvement district projects and Water and Sewer Utility capital projects. The proceeds of the Series 770 Bonds will be used to permanently finance various neighborhood improvements located in special improvement districts. The proceeds from the sale of Series 771 Bonds will be used to permanently finance certain City-at-large projects. The proceeds from the sale of the Series 956 Bonds, herein referred to as the "TIF Bonds" will be used for public improvements located within the Gilbert/Mosley Tax Increment Financing Districts. Sealed bids will be accepted via facsimile, walk-in sealed bids or electronically through I-Deal, LLC/PARITY Electronic Bid Submission System until 10:30 a.m. CST in the Finance Conference Room, at which time the bids will be publicly opened. No bids will be accepted after the 10:30 a.m. deadline. The bids will be verified, tabulated and presented to the City Council at its earliest convenience following the tabulation of the bids. By law, the City must award the sale of the bonds and notes to the bidder whose proposed interest rates result in the lowest true interest rate. The Series 206 Temporary Notes will mature February 20, 2003, and will be retired using cash, the proceeds of both permanent financing bonds, and renewal notes issued at that time. The Series 770 Bonds will mature serially over fifteen years and will be paid from special assessments that are levied against benefited property. The Series 771 Bonds will mature over ten years and will be paid from the citywide mill levy for debt service and the revenues accruing to various City enterprise funds. The Series 956 TIF Bonds will mature over 10 years with principal maturities structured to produce payments which fall within the net tax increment revenue stream. The Series 956 TIF Bonds are payable from the collection of property taxes to the Sedgwick County Treasurer and paid to the City Treasurer. The Series 956 TIF Bonds will be callable in 2007 with a 1% call premium. The Series 770 Bonds will be callable in 2009 and the Series 771 and Series 956 Bonds will be callable in 2007 with a 1% call premium, in accordance with the City's debt management policy. Bond Counsel will review and approve the bids and the Law Department will approve the authorizing Ordinances which have been prepared by Bond Counsel. Ray Trail Director of Finance reviewed the low bids recommended for acceptance. General Obligation Renewal and Improvement Temporary Notes, Series 206 $94,640,000 Salomon Smith, Barney, Inc. 1.329483 TIC General Obligation Bonds, Series 770 $8,590,000 Salomon Smith, Barney, Inc. 4.023730 TIC General Obligation Bonds, Series 771 $9,175,000 Salomon Smith, Barney, Inc. 3.458176 TIC General Obligation Bonds, Series 956 $8,000,000 George K. Baum & Co. 3.525925 TIC Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the bond sale be approved as outlined above; the Declaration of Emergency be approved and the necessary signatures be authorized; and the Ordinances be placed on its passage and -- carried adopted on the date of its introduction, all in accordance with K.S.A. 12-3001. Motion carried 7 to 0. ORDINANCE NO. 45-362 An Ordinance authorizing and providing for the issuance of General Obligation Renewal and Improvement Temporary Notes, Series 206, of the City of Wichita, Kansas, in the total principal amount of $94,640,000, 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 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. ORDINANCE NO. 45-363 An Ordinance authorizing and providing for the issuance of General Obligation Bonds, Series 770, of the City of Wichita, Kansas, in the total principal amount of $8,590,000, 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. ORDINANCE NO. 45-364 An Ordinance authorizing and providing for the issuance of General Obligation Bonds, Series 771, of the City of Wichita, Kansas, in the total principal amount of $9,175,000, 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. ORDINANCE NO. 45-365 An Ordinance authorizing and providing for the issuance of General Obligation Bonds, Series 956, of the City of Wichita, Kansas, in the total principal amount of $8,000,000, for the purpose of providing the necessary funds to pay costs in connection with the investigation and remediation of groundwater contamination located within the Gilbert and Mosley Site 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. ORDINANCE NO. 45-366 An Ordinance authorizing the construction of improvement to the Municipal Water and Sewer Utility owned and operated by the City of Wichita, Kansas, under the authority of Charter Ordinance No. 156; providing for the payment of the costs of said improvements; and authorizing and providing for the issuance of Temporary Improvement Notes of the City from time to time as funds are needed for the orderly construction of the improvements. 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. CITY COUNCIL AGENDA APPOINTMENTS BOARD APPOINTMENTS. Motion -- Pisciotte moved that Joe Johnson, Marla Flenje, Roy Hinderliter, and Max Weddle be appointed to -- carried DAB II. Motion carried 7 to 0. Motion -- carried Fearey moved that Richard Rumsey be appointed to DAB VI. Motion carried 7 to 0. CONSENT AGENDA Knight moved that the Consent Agenda be approved as consensus Items. Motion carried 7 to 0. BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED JULY 15, 2002. Bids were opened July 12, 2002, pursuant to advertisements published on: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: Sewers, Paving and Water Mains as per specifications. Improving Rock Road from 32nd Street North to K-96 - Rock Road at K-96 Bypass.(87 N-0198-01/472-83439/706830/201296) Traffic to be maintained during construction using flagpersons and barricades. (District II) Ritchie Paving - $612,815.98 (Pending KDOT approval) Intersection improvements for 21st Street and Rock Road. (87 N-0199-01/472-83438/706829/201295) Traffic to be maintained during construction using flagpersons and barricades. (District II) Ritchie Paving - $1,745,802.72 (Pending KDOT approval) Phase 2 water supply line improvements in 29th Street North, East of Maize Road - along 29th Street North, east from Maize Road. (448-89434/633715 /750556) Traffic to be maintained during construction using flagpersons and barricades. (District III) Mies Construction - $153,451.00 2002 wheelchair ramp and sidewalk - Phase 3 - north of Pawnee, east of Meridian. (472-83437 /706828 /202294) Traffic to be maintained during construction using flagpersons and barricades. (District II, I'V & VI) McFadden Construction - $165,990.00 (Engineer's estimate) 2002 sanitary sewer reconstruction Phase 4 - various locations - west of Hillside, south of Central. (468-83443/620343/662466) Traffic to be maintained during construction using flagpersons and barricades. (District I & IV WB Carter Construction $129,726.00 2002 sanitary sewer rehabilitation, Phase D - north of 21st, east of Hillside. (468-83444/620342/662465) Traffic to be maintained during construction using flagpersons and barricades. (District I) Insituform Technologies - $191,047.95 Lavon area sanitary sewer improvements, Phase 3 (CIPP) - east of Hillside, north of 13th Street North. (468-83307/624071/651524) Traffic to be maintained during construction using flagpersons and barricades. (District I) Insituform Technologies - $136,354.20 Underground utility work associated with Central Rail Corridor. (468-83473/636117/133116/772514) Traffic to be maintained during construction using flagpersons and barricades. (District VI) Wildcat Construction - $54,441.00 Lateral 4, Main 19, Southwest Interceptor Sewer to serve Ridge Port Commercial Park - north of 29th Street North, west of Ridge. (468-83386/743927/480615) Does not affect existing traffic. (District V) Dondlinger & Sons - $96,820.00 Lateral 11, Main 17, Southwest Interceptor Sewer to serve Forest Lakes Addition - north of 29th Street North, west of Ridge. (468-82309/ 743934 /480622) Does not affect existing traffic. (District V) K C Excavating - $30,428.00 Water distribution system to serve Forest Lakes Addition - north of 29th Street North, west of Ridge. (448-88708/735071/470741) Does not affect existing traffic. (District V) K C Excavating - $23,277.00 Knight moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the and the necessary signatures be authorized. Motion carried 7 to 0. PARK DEPARTMENT/RECREATION DIVISION: Furnish and Install Basketball Goals and Wall Pads. (792310) Athco - $24,695.00 (Total net bid) PARK DEPARTMENT/RECREATION DIVISION: Retaining Wall at K-96 Fishing Lake. (602043) Mike Strong Landscape Construction - $20,400.00 (Total net base bid) $ 3,000.00 (Option #1/add) PARK DEPARTMENT/RECREATION DIVISION: Concrete Pathway Improvements for Harrison Park. (785025) Barkley Construction - $38,786.58* (Total net base bid) *Award base bid 1,986 LF @ $19.53/LF PUBLIC WORKS DEPARTMENT/FLEET & BUILDING DIVISION: Waterproofing and Pavement Markings at City Hall Parking Garage. (205039) Mid-West Painting Inc. - $14,520.00 (Group 1/total net bid) $21,510.00 (Group 2/total net bid) PUBLIC WORKS DEPARTMENT/MAINTENANCE DIVISION: Uniform Shirt Rental. (132225) Unifirst Corporation - $0.396 (Item 1/per shirt) $0.33 (Item 2/per shirt) $9.00 (Lost charge/per shirt) FINANCE DEPARTMENT/DATA CENTER DIVISION: Servers and Desktop Microsoft License for Long Term Upgrades. (035105) Software Spectrum* - $120,061.60 *Utilizing the State of Kansas Contract for Software Purchases. Purchasing utilizing Government Entities Contracts, Cooperative Contracts and Agreements/Ordinance No. 38-122 Section 2.64.020 (j). PARK & RECREATION DEPARTMENT/MAINTENANCE DIVISION: Mowing, Trimming & Maintenance of Highland & Jamesburg Cemeteries. (173815) Complete Landscaping Systems* - $ 1,375.00 (Item 1/per mowing cycle) $ 170.00 (Item 2/per mowing cycle) *Award redirected PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS DIVISION: Skid-Mounted Vacuum Unit. (132233) Excel Sales - $5,995.00 (Total net bid) PARK DEPARTMENT/RECREATION DIVISION: Weight Lifting Machines. (173003) Mid-States Fitness Equipment $14,957.75 (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. CMB LICENSE APPLICATION FOR LICENSE TO RETAIL CEREAL MALT BEVERAGES: New Operator 2002 (Consumption off Premises) Jay D. Brichacek On the Road Inc. 801 South Oliver *General/Restaurant - 50% or more of gross receipts derived from sale of food. Motion -- Knight moved that the license be approved subject to Staff review and approval. Motion carried -- carried 7 to 0. PLANS AND SPECS. SUBDIVISION PLANS AND SPECIFICATIONS. There were no Sub-Division Plans and Specifications submitted. PRELIMINARY ESTS. PRELIMINARY ESTIMATES: a) Cost of College Hill Pool an area bounded by Kellogg, Central, Hillside and Oliver - east of Hillside, south of Douglas. (785717/472-89254/440-103). (District II). Total estimated cost - $794,000.00 b) Cost of Lateral 468, Southwest Interceptor Sewer Phase II - east of 119th Street West, north of Pawnee. (743887/468-83326/480-575. (District V) Total estimated cost - $3,200.00 c) (Amended) - cost of Lateral 49, Main 2, Sanitary Sewer 22 to serve W.H.H. Addition - south of 27th Street South, west of Seneca. (743875/468-83266 (PPN) 480-563. (District IV) Total Estimated Cost - $24,480.00 d) (Amended) - cost of Lateral 138, Main 4, Sanitary Sewer #23 to serve Jones Park Addition -north of 33rd Street North, east of Arkansas. 743819/468-83048/ 480-507. (District VI) Total Estimated Cost $20,880.00 Motion -- carried Knight moved that the Preliminary Estimates be received and filed. Motion carried 7 to 0. COST STATEMENTS STATEMENTS OF COST: a) Improving Lateral 458, Southwest Interceptor Sewer to serve Hanhardt Addition (south of Harry, west of Hoover). Total Cost - $18,501.63 (plus idle fund interest - $355.90, plus temporary note interest - $518.47). Financing to be issued at this time - $19,376.00. (743848/468-83125/480-536). b) Improving Lateral 140, Main 4, Sanitary Sewer #23 to serve part of Timmermeyer Gardens Addition (north of 31st Street North, east of Hood). Total Cost - $20,179.48 (plus idle fund interest - $286.52, plus temporary note interest - $180.00). Financing to be issued at this time - $20,646.00. (743874/468-83267/480-562). c) Improving Lateral 10, Main 16, Sanitary Sewer #22 to serve Southwest Industrial Addition (north of Pawnee, west of Meridian). Total Cost - $60,415.10 (plus idle fund interest - $956.90, plus temporary note interest - $580.00). Financing to be issued at this time - $61,952.00. (743873/468-83272/480-561). d) Improving Lateral 307, Four Mile Creek Sewer to serve Harrison Park 2nd Addition (north of Lincoln, east of Webb Road). Total Cost - $47,223.72 (plus idle fund interest - $519.52, plus temporary note interest - $765.76). Financing to be issued at this time -$48,509.00. (743881/468-83275/480-569). e) Improving Lateral 309, Four Mile Creek Sewer to serve Smithmoor 10th Addition (south of Harry, west of Greenwich Road). Total Cost - $120,765.69 (plus idle fund interest - $1,757.11, plus temporary note interest - $1,989.20). Financing to be issued at this time - $124,512.00. (743877/468-83281/480-565). f) Improving Lateral 138, Main 4, Sanitary Sewer #23 to serve Jones Park Addition (north of 33rd Street North, east of Arkansas). Total Cost - $20,877.12 (plus idle fund interest - $394.78, plus temporary note interest - $305.10). Financing to be issued at this time - $21,577.00. (743819/468-83048/480-507). g) Improving Lateral 479, Southwest Interceptor Sewer to serve Collins First Addition (south of Kellogg, west of Maize Road). Total Cost - $13,938.61 (plus idle fund interest - $228.39, plus temporary note interest - $130.00). Financing to be issued at this time - $14,297.00. (743897/468-83352/480-585). h) Improving Lateral 8, Main 2, Cowskin Interceptor Sewer to serve Auburn Hills 13th Addition (south of Maple, west of 135th Street West). Total Cost - $216,518.71 (plus idle fund interest - $3,809.37, plus temporary note interest - $2,694.92). Financing to be issued at this time - $223,023.00. (743882/468-83312/480-570). i) Improving Lateral 27, Cowskin Interceptor Sewer to serve an Unplatted Tract (south of Maple, west of 135th Street West). Total Cost - $6,927.02 (plus idle fund interest - $170.98, plus temporary note interest - $0.00). Financing to be issued at this time - $7,098.00. (743889/468-83328/480-577). j) Improving Lateral 474, Southwest Interceptor Sewer to serve Legacy 2nd Addition (north of 44th Street South, west of Meridian). Total Cost - $51,379.29 (plus idle fund interest - $1,233.71, plus temporary note interest - $500.00). Financing to be issued at this time - $53,113.00. (743888/468-83321/480-576). k) Improving Main 3, Cowskin Interceptor Sewer Part 1, to serve Mid-Continent Industrial Park (south of Kellogg, both sides of Tyler). Total Cost - $581,618.62 (plus idle fund interest - $12,165.13, plus temporary note interest - $12,992.25). Financing to be issued at this time - $606,776.00. (743856/468-83149/480-544). l) Improving Main 3, Cowskin Interceptor Sewer, Part 2, to serve Dugan Industrial Third Addition (at Maize Road, north of K-42 Highway). Total Cost - $111,690.65 (plus idle fund interest - $2,066.35, plus temporary note interest - $0.00). Financing to be issued at this time - $113,757.00. (743894/468-83330/480-582). m) Improving Lateral 467, Southwest Interceptor Sewer to serve Shelly's Orchard Addition (north of Pawnee, east of Maize). Total Cost - $199,030.32 (plus idle fund interest - $4,837.44, plus temporary note interest - $3,301.24). Financing to be issued at this time - $207,169.00. (743868/468-83218/468-83251/480-556). n) Improving Lateral 468, Southwest Interceptor Sewer to serve Flat Creek Addition (north of Pawnee, east of 119th Street West). Total Cost - $434,510.61 (plus idle fund interest - $7,302.85, plus temporary note interest - $7,266.54). Financing to be issued at this time - $449,080.00 (743872/468-83260/480-570). o) Improving Lateral 468, Southwest Interceptor Sewer Phase II to serve Flat Creek Addition (north of Pawnee, east of 119th Street West). Total Cost - $3,140.00 (plus idle fund interest - $60.00, plus temporary note interest - $0.00). Financing to be issued at this time - $3,200.00. (743887/468-83326/480-575). p) Improving Lateral 49, Main 2, Sanitary Sewer #22 to serve W.H.H. Addition (south of 27th Street South, west of Seneca). Total Cost - $24,468.74 (plus idle fund interest - $494.42, plus temporary note interest - $399.84). Financing to be issued at this time - $25,363.00. (743875/468-83266/480-563). q) Improving Lateral 258, Main 5, Sanitary Sewer #22 to serve Fruitvale Park Addition (north of 3rd Street North, west of Anna). Total Cost - $6,693.79 (plus idle fund interest - $352.21, plus temporary note interest - $0.00). Financing to be issued at this time - $7,046.00. (743853/468-82120/480-541). r) Improving Lateral 1, Main 19, Southwest Interceptor Sewer to serve Ridge Port North Third and Fourth Additions (south of 37th Street South, east of Ridge Road). Total Cost - $274,093.66 (plus idle fund interest - $4,231.74, plus temporary note interest - $4,263.60). Financing to be issued at this time - $282,589.00. (743858/468-83167/480-546). s) Improving Lateral 34, Main 1, Cowskin Interceptor Sewer to serve Mel Hambelton Addition (south of Kellogg, east of 119th Street West). Total Cost - $44,673.80 (plus idle fund interest - $1,003.20, plus temporary note interest - $440.00). Financing to be issued at this time - $46,117.00. (743893/468-83268/480-581). t) Improving Lateral 34, Main 24, War Industry Sewer to serve Remington Place Addition (south of 21st Street North, east of Webb Road). Total Cost - $222,751.67 (plus idle fund interest - $4,654.61, plus temporary note interest - $2,462.72). Financing to be issued at this time - $229,869.00. (743885/468-83246/480-573). u) Improving Lateral 473, Southwest Interceptor Sewer to serve Westlink Christian Church Addition (south of 21st Street North, west of Maize). Total Cost - $25,115.62 (plus idle fund interest - $428.28, plus temporary note interest - $375.10). Financing to be issued at this time - $25,919.00. (743878/468-83302/480-566). v) Improving Lateral 72, Main 5, Sanitary Sewer #23 to serve The Courts II Addition (south of 29th Street North, east of Oliver). Total Cost - $77,482.29 (plus idle fund interest - $1,225.25, plus temporary note interest - $1,107.46). Financing to be issued at this time - $79,815.00. (743883/468-83257/480-571). w) This Statement of Cost intentionally removed. x) Improving Lateral 57, Main 3, Southwest Interceptor Sewer to serve Vilm Gardens Addition (south of MacArthur, west of Seneca). Total Cost - $2,720.22 (plus idle fund interest - $109.78, plus temporary note interest - $0.00). Financing to be issued at this time - $2,830.00. (743895/468-83344/480-583). y) Improving Storm Water Drain 168 to serve Flat Creek Addition (north of Pawnee, east of 119th Street West). Total Cost - $385,659.41 (plus idle fund interest - $4,831.55, plus temporary note interest - $6,396.04). Financing to be issued at this time - $396,887.00. (751299/468-83261/485-190). z) Improving Storm Water Drain 174 to serve YMCA South Addition (north of I-235, west of Meridian). Total Cost - $104,140.15 (plus idle fund interest - $1,131.75, plus temporary note interest - $1,694.10). Financing to be issued at this time - $106,966.00. (751300/468-83294/485-191). aa) Improving Storm Water Drain 161 to serve Angel Fire Addition (north of 47th Street South, east of West Street). Total Cost - $521,363.66 (plus idle fund interest - $9,777.84, plus temporary note interest - $8,520.50). Financing to be issued at this time - $539,662.00. (751292/468-83184/485-183). bb) Improving Storm Water Drain 157 to serve Shoal Creek Addition (south of Central, west of 143rd Street East). Total Cost - $397,635.55 (plus idle fund interest - $7,670.41, plus temporary note interest - $7,185.04). Financing to be issued at this time - $412,491.00. (751293/468-83187/485-184). cc) Improving Storm Water Drain 159 to serve Gateway Center Addition (south of 13th Street North, east of Greenwich Road). Total Cost - $84,995.04 (plus idle fund interest - $1,546.34, plus temporary note interest - $1,038.62). Financing to be issued at this time - $87,580.00. (751294/468-83208/485-185). dd) Improving Storm Water Drain 142 to serve Gateway Center Addition (south of 13th Street North, east of Greenwich Road). Total Cost - $242,461.42 (plus idle fund interest - $3,823.66, plus temporary note interest - $3,094.92). Financing to be issued at this time - $249,380.00. (751295/468-82975/485-186). ee) Improving Storm Water System 550 to serve One Kellogg Place 2nd Addition (south of Kellogg, east of Greenwich Road). Total Cost - $518,764 (plus idle fund interest - $8,438.93, plus temporary note interest - $8,077.26). Financing to be issued at this time - $518,764.00. (751297/468-83237/485-188). ff) Improving Water Distribution System to serve One Kellogg Place 2nd Addition (south of Kellogg, east of Greenwich Road). Total Cost - $194,812.47 (plus idle fund interest - $3,078.11, plus temporary note interest - $3,240.42). Financing to be issued at this time - $201,131.00. (735016/448-89563/470-686). gg) Improving Water Distribution System to serve the Lochs at Aberdeen (north of 21st Street North, east of 119th Street West). Total Cost - $94,397.00 (plus idle fund interest - $1,916.56, plus temporary note interest - $1,555.44). Financing to be issued at this time - $97,869.00. (735015/448-89555/470-685). hh) Improving Water Distribution System to serve Angel Fire Addition (north of 45th Street North, east of West Street). Total Cost - $118,749.26 (plus idle fund interest - $3,841.68, plus temporary note interest - $2,003.06). Financing to be issued at this time - $124,594.00. (734999/448-89520/470-669). ii) Improving Water Distribution System to serve Patterson Gardens Addition (north of Central, along Flora). Total Cost - $6,844.96 (plus idle fund interest - $324.04, plus temporary note interest - $0.00). Financing to be issued at this time - $7,169.00. (735010/448-89561/470-680). jj) Improving Water Distribution System to serve Hanley Commercial and Hanley 2nd Additions (south of 21st Street North, east of Webb Road). Total Cost - $43,662.25 (plus idle fund interest - $585.51 plus temporary note interest - $673.24). Financing to be issued at this time - $44,921.00. (735026/448-89609/470-696). kk) Improving Water Distribution System to serve Smithmoor 10th Addition (south of Harry, east of Greenwich Road). Total Cost - $39,774.30 (plus idle fund interest - $581.64 plus temporary note interest - $654.06). Financing to be issued at this time - $41,010.00. (735019/448-89595/470-689). ll) Improving Water Distribution System to serve Westlink Christian Church Addition (south of 21st Street North, west of Tyler). Total Cost - $35,064.76 (plus idle fund interest - $390.74 plus temporary note interest - $548.50). Financing to be issued at this time - $36,004.00. (735020/448-89602/470-690). mm) Improving Water Distribution System to serve West Ridge Estates (south of 29th Street North, east of 119th Street West). Total Cost - $88,667.96 (plus idle fund interest - $909.34 plus temporary note interest - $1,460.70). Financing to be issued at this time - $91,038.00. (735022/448-89472/470-692). nn) Improving Water Distribution System to serve Mel Hambelton Addition (south of Kellogg, east of 119th Street West). Total Cost - $46,977.90 (plus idle fund interest - $1,046.10 plus temporary note interest - $450.00). Financing to be issued at this time - $48,474.00. (735031/448-89622/470-701). oo) Improving Water Distribution System to serve The Courts II Addition (south of 29th Street North, east of Oliver). Total Cost - $39,883.18 (plus idle fund interest - $426.46 plus temporary note interest - $612.36). Financing to be issued at this time - $40,922.00. (735025/448-89579/470-695). pp) Improving Water Distribution System to serve Harrison Park 2nd Addition (north of Lincoln, east of Webb Road). Total Cost - $27,545.56 (plus idle fund interest - $314.68 plus temporary note interest - $443.76). Financing to be issued at this time - $28,304.00. (735023/448-89587/470-693). qq) Improving Water Distribution System to serve Vandale Addition, Vandale Annex, Replat of Vandale Annex, Chamberlain's Subdivision of Vandale Annex, Gorrell's Sub of Vandale Annex, and J.C. Addition (south of 55th Street South, west of Broadway). Total Cost - $297,976.13 (plus idle fund interest - $6,441.92 plus temporary note interest - $3,894.95). Financing to be issued at this time - $308,313.00. (734978/448-89486/470-648). rr) Improving Water Distribution System to serve Southriver Addition (north of 71st Street South, east of Hydraulic). Total Cost - $53,780.64 (plus idle fund interest - $1,214.86 plus temporary note interest - $908.50). Financing to be issued at this time - $55,904.00. (735007/448-89543/470-677). ss) Improving Water Distribution System to serve Pine Bay Estates, Applewood Farms, L & D Taylor, Huntington Pointe, Sand Pointe Additions and Unplatted Tracts (south of 63rd Street South, west of the Arkansas River). Total Cost - $713,436.51 (plus idle fund interest - $1,970.96 plus temporary note interest - $20,034.53). Financing to be issued at this time - $735,442.00. (734960/448-89424/470-630). tt) Improving Water Distribution System to serve Flat Creek Addition (north of Pawnee, east of 119th Street West). Total Cost - $80,934.15 (plus idle fund interest - $1,354.81 plus temporary note interest - $1,342.04). Financing to be issued at this time - $83,631.00. (735017/448-89582/470-687). uu) Improving Water Distribution System to serve Fruitvale Park Addition (south of Central, east of Hoover Road). Total Cost - $4,490.29 (plus idle fund interest - $315.71 plus temporary note interest - $0.00). Financing to be issued at this time - $4,806.00. (735004/448-89544/470-674). vv) Improving Water Distribution System to serve Auburn Hills 11th Addition (north of Kellogg, east of 151st Street West). Total Cost - $28,784.52 (plus idle fund interest - $368.72 plus temporary note interest - $453.76). Financing to be issued at this time - $29,607.00. (735021/448-89600/470-691). ww) Improving Water Distribution System to serve Lot 1, Savannah Place Addition (south of Maple, west of Tyler). Total Cost - $21,560.14 (plus idle fund interest - $474.62 plus temporary note interest - $380.24). Financing to be issued at this time - $22,415.00. (735014/448-89559/470-684). xx) Improving Water Distribution System to serve Lot 2, Savannah Place Addition (south of Maple, west of Tyler). Total Cost - $21,865.12 (plus idle fund interest - $492.96 plus temporary note interest - $355.92). Financing to be issued at this time - $22,714.00. (735013/448-89560/470-683). yy) Improving Water Distribution System to serve Legacy 2nd Addition (north of 44th Street South, west of Meridian). Total Cost - $10,820.73 (plus idle fund interest - $288.27 plus temporary note interest - $105.00). Financing to be issued at this time - $11,214.00. (735030/448-89616/470-700). zz) Improving Water Distribution System to serve Rocky Creek and Rocky Creek 2nd Addition (north of 13th Street North, east of 127th Street East). Total Cost - $15,972.01 (plus idle fund interest - $406.99 plus temporary note interest $160.00). Financing to be issued at this time - $16,539.00. (735028/448-89617/470-698). aaa) Improving an Accel/Decel Lane on Rock Road, from approximately 500 feet south of Douglas Avenue to a point approximately 1600 feet south of Douglas Avenue to serve Kellogg Mall Addition (south of Douglas, on Rock Road). Total Cost - $574,367.40 (plus idle fund interest - $11,011.25, plus temporary note interest - $26,163.35). Financing to be issued at this time - $611,542.00. (765636/472-83222/490-747). bbb) Improving Jackson, from the North line of 26th Street North to the South line of 27th Street North to serve F.C. McTaggert's Addition (south of 29th Street North, west of Broadway). Total Cost - $80,050.61 (less idle fund interest - $33.16, plus temporary note interest - $3,327.55). Financing to be issued at this time - $83,345.00. (765607/472-83160/490-718). ccc) Improving 26th Street North from the East line of Arkansas to the West line of Wichita Street to serve Ramsey's Replat and F.C. McTaggert's Additions (south of 29th Street North, west of Broadway). Total Cost - $193,397.14 (less idle fund interest - $622.60, plus temporary note interest - $8,302.46). Financing to be issued at this time - $201,077.00. (765606/472-83149/490-717). ddd) Improving Waco, from the North line of 26th Street North to the South line of 27th Street North to serve F.C. McTaggert's Addition (south of 29th Street North, west of Broadway). Total Cost - $84,585.47 (less idle fund interest - $323.36, plus temporary note interest - $3,742.89). Financing to be issued at this time - $88,005.00. (765609/472-83152/490-720). eee) Improving Fairview, from the North line of 26th Street North to the South line of 27th Street North to serve F.C. McTaggert's Addition (south of 29th Street North, west of Broadway). Total Cost - $74,248.66 (less idle fund interest - $542.88, plus temporary note interest - $3,490.22). Financing to be issued at this time - $77,196.00. (765622/472-83151/490-733). fff) Improving an Accel/Decel Lane and a left turn lane in Webb Road, from a point 80 feet north of the South lot line of Lot 3, Block 1 to a point 300 feet south of Wilson Estates Parkway to serve Legacy Park Wilson Estates Addition (south of 21st Street North, west of Webb Road). Total Cost - $354,072.48 (plus idle fund interest - $5,791.65, plus temporary note interest - $11,076.90). Financing to be issued at this time - $370,941.00. (765633/472-83232/490-744). ggg) Improving 24th Street North, from the East line of Hood to the West line of Payne to serve Theisings First Addition (south of 25th Street North, west of Arkansas). Total Cost - $30,185.44 (plus idle fund interest - $573.90, plus temporary note interest - $480.66). Financing to be issued at this time - $31,240.00. (765675/472-83331/490-786). hhh) Improving 24th Street North, from the East line of Payne to the West line of Salina to serve Theisings First Addition (south of 25th Street North, west of Arkansas). Total Cost - $28,212.87 (plus idle fund interest - $513.37, plus temporary note interest - $453.76). Financing to be issued at this time - $29,180.00. (765676/472-83332/490-787). iii) Improving College Hill Swimming Pool to serve an area bounded by Kellogg, Central, Hillside and Oliver (south of Douglas, east of Hillside). Total Cost - $789,605.30 (less idle fund interest - $10,613.73, plus temporary note interest - $32,245.43). Financing to be issued at this time - $811,237.00. (785717/472-89254/440-103). jjj) Landscaping, beautification, in and adjacent to Armour Drive, Whittier and Willowbrook and the Armour Drainage Ditch in the area between Kellogg and Douglas. Total Cost - $218,293 (plus idle fund interest - $5,957.81, plus temporary note interest - $10,712.76). Financing to be issued at this time - $218,293.00. (706127/472-82572/405-166). Motion - carried Knight moved that the Statements of Cost be received and filed. IMPROVEMENTS PETITIONS - STREET PAVING, SANITARY SEWER, AND WATER DISTRIBUTION SYSTEM TO SERVE HARRISON PARK SECOND ADDITION - EAST OF WEBB, NORTH OF HARRY. (District II) Agenda Report No. 02-1625 The Petitions have been signed by one owner, representing 100% of the improvement districts. These projects will provide paving, sanitary sewer, and water service to a new residential development. The Petitions total $207,000. The funding source is special assessments. State Statutes provide that a Petition is valid if signed by a majority of resident property owners or the majority of the property in the improvement district. Motion -- carried Knight moved that the Petition be approved and the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. 02-345 Resolution of findings of advisability and Resolution authorizing improving of Water Distribution System Number No. 448-89706 (east of Webb, north of Harry), in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Brewer, Fearey, Gale, Lambke, Martz, Pisciotte, Knight. RESOLUTION NO. 02-346 Resolution of findings of advisability and Resolution authorizing construction of Lateral 335, Four Mile Creek Sewer, (east of Webb, north of Harry) 468-83475,in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Brewer, Fearey, Gale, Lambke, Martz, Pisciotte, Knight. RESOLUTION NO. 02-347 Resolution of findings of advisability and Resolution authorizing improving Goebel, from the east line of Lot 29, Block 1, to and including cul-de-sac, (east of Webb, north of Harry) 472-83612, in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Brewer, Fearey, Gale, Lambke, Martz, Pisciotte, Knight. BOARDS MINUTES MINUTES OF ADVISORY BOARDS/COMMISSIONS: Wichita Sedgwick County Alternative Correctional Housing Advisory Board Minutes of Full Board- March 25, 2002 District II Advisory Board Minutes- May 6, 2002 District II Advisory Board Minutes- April 15, 2002 District II Advisory Board Minutes- March 18, 2002 Design Council City Arts Special Meeting Minutes- May 30, 2002 Board of Appeals of Plumbers and Gas Fitters Meeting Minutes- June 5, 2002 Board of Appeals of Air-Conditioning, Refrigeration, Warm Air Heating and Boilers Meeting Minutes- May 30, 2002 Wichita Public Library-Minutes of a Regular Meeting of the Library Board of Directors- June 18, 2002 Wichita Employees Retirement System Regular Board Meeting Minutes May 22, 2002 Motion - carried Knight moved that the Minutes be received and filed. Motion carried 7 to 0. STREET CLOSURE CONSIDERATION OF STREET CLOSURES/USES. There were no street closures submitted. CLAIMS REPORT ON CLAIMS ALLOWED - JUNE 2002: Name of Claimant Amount Aquila, Inc. $308.53 (aka Peoples Natural Gas Burnison, Aaron $928.15 Fogg, A. Dennis $4,471.09** Kansas Gas Service $708.27** Kansas Gas Service $237.42** King, Mark R. $234.00 Kress, D.J. and Francis $4,308.47** Raheb, Ibrahim $235.23 Ralston, M. Kathryn $45.00 SW Bell $392.59** SW Bell $1,123.20** Westar Energy $1,026.85 $14,018.80 ** Settled for lesser amount than claimed. Motion --carried Knight moved that the report be received and filed. Motion carried 7 to 0. LEGAL SERVICES AMENDMENT - LEGAL SERVICES FOR CIVIL RIGHT AND PERSONAL INJURY CASES. (This Item was previously approved by Council) WATER SYSTEM WATER DISTRIBUTION SYSTEM IMPROVEMENTS ALONG OLIVER FROM DOUGLAS TO KELLOGG. (District II) Agenda Report No. 02-1627 On July 2, 2002, the Staff Screening and Selection Committee selected Duling Construction Company, Inc. to design and replace a water line along Oliver from Douglas to Kellogg. An Agreement has been prepared. Replacement of the older and undersized water mains is necessary to maintain a reliable water distribution system. The existing two-and one-half inch water main in Oliver from Douglas to Kellogg is undersized, unreliable, and must be replaced. The water main connects to other mains in the area and also provides water service to the residents along that portion of Oliver. The water main currently serves in excess of fifty-eight residences and commercial properties. Fire protection in the area is minimal and the existing water main will not support additional fire hydrants. Payment will be on a lump sum basis of $158,430, and will be paid by Operating Revenues. Motion -- Knight moved that the Agreement/Contract be approved; and the necessary signatures be authorized. -- carried Motion carried 7 to 0. SEWER IMP. SUPPLEMENTAL - NORTHWEST SEWER IMPROVEMENTS. (District V) Agenda Report No. 02-1628 On January 19, 1999, City Council approved a plan for a new sewage treatment plant and improvements to serve northwest Wichita. Professional Engineering Consultants (PEC) was selected to perform project management tasks on September 28, 1999. Tasks included the development of plans, specifications, and project estimates for the design and construction phase. Supplemental Agreement No. 3 is for services not in the original Contract. Included are construction observation and administration of the main pump station force main, fiber optic line and pavement (131st St. West), easement negotiations, grant assistance, and treatment facility-pump station instrumentation and control inspection. The total mount of the original Contract was $2,816,220. SA No.1 was $486,723 and SA No. 2 was $29,217. This Agreement is for $146,002. The three Supplemental Agreements amount to 23.5% of the original Contract. SA No. 3 is included in the cost estimate for the northwest sewer projects and will not require a budget increase. City Council approval is required for all agreements in excess of $10,000. Motion -- Knight moved that the Agreement/Contract be approved; and the necessary signatures be authorized. -- carried Motion carried 7 to 0. DESIGN SERVICES SUPPLEMENTAL - 66-INCH RAW WATER LINE FROM 21ST STREET AND ZOO BOULEVARD TO THE WATER TREATMENT PLANT. Agenda Report No. 02-1629 On January 4, 2000, the City entered into an Agreement with Professional Engineering Consultants, P.A. (PEC) for designing a 66-inch raw water line from 21st Street and Zoo Boulevard to the Water Treatment Plant. The fee was $220,000. The 13th Street Bridge over the Big Arkansas River has a 12-inch water main on each side. This main has a stretch of 10-inch fiberglass pipe hanging on the bridge. The fiberglass pipe has been an ongoing maintenance nightmare and has now been shutdown to varying degrees for almost a year. The 66-inch raw water line will be installed below the river. PEC has been asked by the Water & Sewer Department to replace the 12-inch water main under the river. A Supplemental Agreement has been prepared for the additional design services. Payment will be on a lump sum basis of $3,300 and will be paid by Water Utility Operating Revenues. Motion -- Knight moved that the Agreement/Contract be approved; and the necessary signatures be authorized. -- carried Motion carried 7 to 0. DESIGN SERVICES ARCHITECTURAL SIGNAGE AND ENVIRONMENTAL GRAPHICS - WICHITA ART MUSEUM. (District VI) Agenda Report No. 02-1630 On October 17, 2000, the City Council approved an Agreement between the City of Wichita and the Wichita Art Museum, Inc. to provide for the financing and management of the construction project for the Wichita Art Museum. The new construction will enhance the museum as an anchor of the community with a strong architectural presence and housing unique collections. The Museum as part of the expansion/modifications will require an environmental graphics program demonstrating a heightened level of taste and sensitivity along with functionality. Requests for Proposals (FP200013) were mailed to graphic design firms throughout the country on February 11, 2002. Two addenda were issued to clarify the design requirements. There were nine firms responding. The Staff Screening and Selection Committee interviewed Communication Arts, Inc., Ellipsis + OMM, Greteman Group, and the Hunt Design Group. The committee selected the firm of Ellipsis + OMM for the project. Design services will be provided for a single stipulated lump sum fee (including reimbursable expenses) of one hundred one thousand five hundred dollars ($101,500.00) The Contract will be funded from the project budget (Project No. 435309), OCA No. 792339). The unencumbered balance is $974,840.07. Motion -- Knight moved that the Agreement/Contract be approved; and the necessary signatures be authorized. -- carried Motion carried 7 to 0. TRAFFIC SIGNALS 21ST STREET AND 119TH STREET WEST INTERSECTION TRAFFIC SIGNALS. (District V) Agenda Report No. 02-1631 21st Street North is being widened to a five-lane roadway between Maize and 119th Street West. Projected traffic volumes indicate that traffic signals are now warranted for the intersection of 21st at 119th Street West. Traffic signals will improve safety at the intersection. 119th Street West is one of the primary routes to the Maize School Campus. The estimated project cost is $105,000. The funding source is General Obligation Bonds. Motion -- carried Knight moved that the project be approved; and the Ordinance be placed on first reading. Motion carried 7 to 0. ORDINANCE An Ordinance declaring the Intersection of 21st Street North at 119th Street West (472-83609) 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. KCC KANSAS CORPORATION COMMISSION FY2003 GRANT. Agenda Report No. 02-1632 For the past eighteen (18) years Wichita Transit has filed for KCC funding to support the local rideshare program and special transportation development/ coordination activities. This year's grant will be a continuation of that effort, which includes mostly labor costs, with training and marketing, to promote all ground transportation services from buses to vans to carpools. Major employers will be targeted for some level of corporate sponsorship of public transit. Additionally, staff will be conducting continuing research on the feasibility of implementing Intelligent Transportation Systems (ITS) type of service for our operations, including the automatic vehicle locator (AVL), geographic information system (GIS), and electronic fare collection per Wichita Transit's Operational Plan. Finally, staff will continue its brokering effort to place/match individuals for transportation services available throughout the region. The KCC grant request is for $27,000. KCC will be used as the 20% local match to the FTA (80%) funds ($108,000) for a total project cost of $135,000. There will be no City funds used to support these activities. The City's Law Department will review the contract prior to execution as to form. Motion -- Knight moved that the Grant Application and receipt of funds be approved; and the necessary signatures -- carried be authorized. Motion carried 7 to 0. KS CLINKS STEP 2003 AND 2004 KANSAS CLICKS STEP APPLICATION. Agenda Report 02-1633 The KANSAS CLICKS special enforcement program provides overtime pay for officers enforcing occupant protection laws. This program is designed to help local police departments and sheriff's officers dedicate officer time and resources to ensure citizens are wearing safety belts. This is the third year for the program and the second year of participation for the Police Department. The program is managed by the Kansas Department of Transportation - Bureau of Traffic Safety and emphasizes seatbelt enforcement during four specific periods: Thanksgiving Holiday, Child Passenger Safety Week, Memorial Day/Buckle Up America Week, and Labor Day. Since October 1, 2001, the Police Department has participated in the STEP grant project. With grant funding the Police Department has utilized 1109 overtime hours during four designated weeks for traffic enforcement and public education. In grant overtime status, the officers stopped 2364 motorists, issued 1880 citations, and distributed 4244 educational fliers. Additionally, the officers conducted four DUI check lanes, effected 37 DUI arrests, issued 462 citations for seatbelt violations and 177 citations for child passenger safety violations, conducted one child safety protection checkup and participated in a second checkup. As of May, the department recorded 3696 traffic accidents, an 11 percent increase, as compared to the same time period in 2001. The Police Department recorded 27 fatality accidents in 2001, and 12 fatality accidents through May 2002. Increased enforcement and education will potentially reduce the number of these fatality accidents and increase awareness of the seat belt law. The Kansas Department of Transportation will reimburse the Police Department for work completed and actual costs incurred for commodities not to exceed the amount of the grant, which is currently estimated at $35,000. Motion -- Knight moved that the Grant Application and receipt of funds be approved; and the necessary signatures -- carried be authorized. Motion carried 7 to 0. SE TRANSM. LINE SOUTHEAST TRANSMISSION LINE. (Districts I and III) Agenda Report No. 02-1634 On February 5, 2001, the City Council approved the Wholesale Water agreement to provide water to the City of Derby. The project will also reinforce the southeast portion of the City's water system. On June 19, 2001, the City Council approved spending $5.7 million to construct a 30" supply line from Dayton Street to the point of connection for Derby at K-15 and 63rd Street South, to provide water service to the City of Derby. The June 19 agenda report also stated that the overall system improvements required to serve Derby would be $8.5 million, which included the $5.7 million allocated on June 19. MKEC was hired to prepare the design. The final design recommended a slightly different alignment, which would be more cost effective, and a 36" supply line. The 36" water line is anticipated to be installed by the Summer of 2003. The first of three phases is under contract for construction. Phase 2 project plans are complete and bids will be received in late July. The Phase 3 project plans are being prepared and it is anticipated that this phase will be let for construction in the near future. The entire project, including planned improvements in Wichita, was estimated to cost $12.3 million including the revised pipe line size and alignment. Of that, $5.7 million has been allocated and funded the first phase of the project, and will fund a portion of the second phase. The $5.7 million was part of the CIP to build the portion of the line from 31st St. S. to the point of connection with Derby at 63rd St South and K-15 (W-884). Another $3.8 million was to be reallocated from future CIP projects. However, those projects were inadvertently merged into the original $5.7 million and then deleted from the CIP, rather than creating additional funding. Rather than increase the CIP, staff has found sufficient funding in existing CIP projects. Please see schedule A for the recommended reallocation of funds. The remaining $2.8 million will be from projects that were to be constructed in support of this 36" water line. The supporting projects were proposed by the Water Master Plan as part of the long-term CIP. The City Council authorized spending $5.7 million of the $11.3 million budget on June 5, 2001. It is requested the City Council authorize the allocation of $6.6 million to complete the water line project. Motion -- Knight moved that the CIP be modified; the expenditures authorized; and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. 02-348 A Resolution of the City of Wichita, Kansas declaring it necessary to construct, reconstruct, alter, repair, improve, extend and enlarge the water and sewer utility owned and operated by the City, and to issue Revenue Bonds in a total principal amount which shall not exceed $6.6 Million, exclusive of financing costs, for the purpose of paying certain costs thereof, and providing for the giving of notice of such intention in the manner required by the law, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Brewer, Fearey, Gale, Lambke, Martz, Pisciotte, Knight. CONDEMNATIONS REPAIR OR REMOVAL OF DANGEROUS AND UNSAFE STRUCTURES. Agenda Report 02-1635 On July 1, 2002 the Board of Code Standards (BCSA) held a hearing on the following three (3) 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. Address District 1. 1508 North New York I 2. 1527 North Ash I 3. 4330-32 East Wilma III These structures have defects that under Ordinance No. 28-251 of the Code of the City of Wichita, shall cause them to be deemed as dangerous and unsafe buildings, 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 September 10, 2002 at 9:30 a.m., or as soon thereafter, be adopted. Motion carried -- carried 7 to 0. RESOLUTION NO. R-02-341 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 property legally described as: Lots 11 and 13, Union Now New York Avenue, Milford's Replat of Part of Spring Grove Second Addition to the City of Wichita, Sedgwick County, Kansas known as 1508 North New York as 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: Brewer, Fearey, Gale, Lambke, Martz, Pisciotte, Knight. RESOLUTION NO. R-02-342 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 property legally described as: Lots 117 and 119, Strong now ash Street, Logan Addition to the City of Wichita, Sedgwick County, Kansas known as 1527 North Ash, as 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: Brewer, Fearey, Gale, Lambke, Martz, Pisciotte, Knight. RESOLUTION NO. R-02-343 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 property legally described as: Lot 19, Block F, Hilltop Manor, a Replat of parts of Hilltop Manor and Hilltop Manor Second Addition, Sedgwick County, Kansas, known as 4330-32 East Wilma, as 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: Brewer, Fearey, Gale, Lambke, Martz, Pisciotte, Knight. STREET LIGHTING STREET LIGHTING RESOLUTION NO. 1-02. Motion - carried Knight moved that the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. 02-349 A Resolution approving Street Lighting Resolution No. 1-02, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Brewer, Fearey, Gale, Lambke, Martz, Pisciotte, Knight. ORDINANCES SECOND READING ORDINANCES: (FIRST READ JULY 9, 2002) a) Issuance of Industrial Refunding Revenue Bonds - Old Town Center, L.L.C. (District VI) ORDINANCE NO. 45-354 A Ordinance of the City of Wichita, Kansas, authorizing the issuance of $1,960,000 Aggregate Principal amount of Taxable Industrial Refunding Revenue Bonds, Series II, 2002 (Old Town Center, L.L.C.) and $890,000 aggregate principal amount of Subordinated Taxable Industrial Refunding Revenue Bonds, Series II-B, 2002 (Old Town center, L.L.C.) for the purpose of providing funds to refund and redeem certain outstanding bonds issued to acquire, purchase, renovate and equip an office building; prescribing the form and authorizing execution of a trust indenture by and between the City and Central Bank and Trust Company, Hutchinson, Kansas, as Trustee with respect to each Series of the Bonds; prescribing the form and authorizing the execution of a Lease Agreement by and between the City and Old Town Center, L.L.C.; approving the form of a Guaranty Agreement; approving the form of an individual Guaranty Agreement; authorizing the execution of a Bond Purchase Agreement by and between the City, Old Town Center, L.L.C., and Chapman Securities, Inc., as purchaser of the Series II-A, 2002 Bonds and the Series II-B, 2002 Bonds, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Brewer, Fearey, Gale, Lambke, Martz, Pisciotte, Knight. b) West Douglas Streetscape, Seneca to McLean Boulevard. (District IV) ORDINANCE NO. 45-355 An Ordinance declaring Douglas Avenue, from Seneca to McLean Boulevard (472-83608) 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: Brewer, Fearey, Gale, Lambke, Martz, Pisciotte, Knight. c) Amending Ordinances relating to changes in State Laws. 1. Criminal trespass. ORDINANCE NO. 45-356 An Ordinance amending Section 5.66.050 of the Code of the City of Wichita, Kansas, Pertaining to the crime of Criminal trespass and repeal of the Original Section 5.66.050, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Brewer, Fearey, Gale, Lambke, Martz, Pisciotte, Knight. 2. Criminal use of weapons. ORDINANCE NO. 45-357 An Ordinance amending Section 5.88.010 of the Code of the City of Wichita, Kansas, pertaining to the crime of criminal use of weapons and repeal of the Original Section 5.88.010, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Brewer, Fearey, Gale, Lambke, Martz, Pisciotte, Knight. 3. Discharging firearms at dwellings, structures, and vehicles. ORDINANCE NO. 45-358 An Ordinance repealing Section 5.88.035 of the Code of the City of Wichita pertaining to discharging firearms at swellings, structures and vehicles, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Brewer, Fearey, Gale, Lambke, Martz, Pisciotte, Knight. 4. Refusal to take preliminary breath test. ORDINANCE NO. 45-359 An Ordinance creating Section 11.38.157 of the Code of the City of Wichita, Kansas, pertaining to refusal to submit to a preliminary breath test - Penalty, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Brewer, Fearey, Gale, Lambke, Martz, Pisciotte, Knight. d) Volume base charges/special sewer billings. ORDINANCE NO. 45-360 An Ordinance amending Section 16.04.040 and creating Section 16.14.043 of the Code of the City of Wichita, Kansa, relating to the schedule of use charges of the sanitary sewer system, and repealing the original of Section 16.04.040, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Brewer, Fearey, Gale, Lambke, Martz, Pisciotte, Knight. e) ZON 2001-76 - west side of West Street, north of Second Street. (District IV) ORDINANCE NO. 45-361 An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by the Wichita-Sedgwick County Unified Zoning Code, Section V-C, as adopted by City of Wichita Code Section 28.04.210, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Brewer, Fearey, Gale, Lambke, Martz, Pisciotte, Knight. ZON 2001-76 PLANNING AGENDA Motion -- carried Knight moved that the Planning Agenda be approved as consensus Items. Motion carried 7 to 0. VAC2002-00009 VAC2002-00009 - VACATE PORTIONS OF TWO PLATTED 10-FOOT UTILITY EASEMENTS - NORTHEAST OF THE EAST CENTRAL/GREENWICH ROAD INTERSECTION. (District II) Agenda Report No 02-1636 Staff Recommendation: Approve MAPC Recommendation: Approve (unanimous) The applicant proposes vacating the portions (see Exhibit A) of the two 10-foot utility easements that meet in the northwest corner of Lot 1, Block A, Samra 2nd Addition. The applicant proposes to build a communication tower. The applicant proposes, per Exhibit A, to dedicate a new utility easement in a location that is acceptable to City Engineering and private utilities. No one spoke in opposition to this request at the MAPC's advertised public hearing, and the MAPC voted to approve the vacation, adopting the findings of fact that are incorporated in the Vacation Order. No written protests have been filed. A certified copy of the Vacation Order will be recorded with the Register of Deeds. Motion -- Knight moved that the Vacation Order be approved and the necessary signatures be authorized. Motion -- carried carried 7 to 0. VAC2002-00014 VAC2002-00014 - VACATE PORTION OF PLATTED 25-FOOT SETBACK ON A LOT SOUTHEAST OF THE ROCK ROAD/DOUGLAS AVENUE INTERSECTION. (District II) Agenda Report No. 02-1637 Staff Recommendation: Approve. MAPC Recommendation: Approve. (unanimous) The applicant, Independent School, proposes to build a section of metal bleachers that will extend partially (the northwest section) or entirely (the southeast section) into the platted 25-foot setback for a length of 170-foot, per the legal description and the exhibit. The bleachers will be generally located on the south side of the existing football field. The bleachers will not encroach into the abutting 50-foot drainage easement that runs parallel to the south side of the setback. Currently the drainage easement is paved and serves as a private drive and parking. No one spoke in opposition to this request at the MAPC's advertised public hearing, and the MAPC voted to approve the vacation, adopting the findings of fact that are incorporated in the Vacation Order. No written protests have been filed. A certified copy of the Vacation Order will be recorded with the Register of Deeds. Motion -- Knight moved that the Vacation Order be approved and the necessary signatures be authorized. Motion -- carried carried 7 to 0. VAC2002-00016 VAC2002-00016 - VACATE PORTION OF A PLATTED 15-FOOT SETBACK AND A PLATTED 25-FOOT SETBACK ON A LOT NORTHEAST OF THE HARRY/WEBB ROAD INTERSECTION. (District II) Agenda Report No. 02-1638 Staff Recommendation: Approve. MAPC Recommendation: Approve. (unanimous) The applicant has replaced a slab for a covered porch that encroaches 6.54 feet into a 15-foot platted street side setback along Todd Street. The applicant also has an existing encroachment of a garage 0.8 feet into the 25-foot platted front setback facing Todd Place. No one spoke in opposition to this request at the MAPC's advertised public hearing, and the MAPC voted to approve the vacation, adopting the findings of fact that are incorporated in the Vacation Order. No written protests have been filed. A certified copy of the Vacation Order will be recorded with the Register of Deeds. Motion -- Knight moved that the Vacation Order be approved and the necessary signatures be authorized. Motion -- carried carried 7 to 0. VAC2002-00018 VAC2002-00018 - VACATE 45-FOOT SEWER EASEMENT EAST OF 135TH STREET WEST, NORTH OF MAPLE. (District V) Agenda Report No. 02-1639 Staff Recommendation: Approve MAPC Recommendation: Approve (unanimous) The applicant proposes to build a single-family residence, with approximately half of the structure encroaching into the 45-foot sewer easement. The 45-foot sewer easement is not shown on the plat, but was dedicated by separate instrument. The vacation of the 45-foot easement will not affect the 20-foot easement or the 50-foot Cities Service Pipeline Easement that run parallel and adjacent to the west side of the subject property. The existing sewer & manhole in the 45-foot easement was abandoned and this process was reviewed and approved by the City Engineer. No one spoke in opposition to this request at the MAPC's advertised public hearing, and the MAPC voted to approve the vacation, adopting the findings of fact that are incorporated in the Vacation Order. No written protests have been filed. A certified copy of the Vacation Order will be recorded with the Register of Deeds and the conditions that the sewer line and the manhole in the 45-foot sewer easement be abandoned according to City standards as reviewed and approved by the City Engineer or provide a guarantee that the sewer line and manhole are abandoned according to City standards as reviewed and approved by the City Engineer, retain both the 20-foot utility easement and the portion of the 50-foot cities Service Pipeline Easement that run parallel and adjacent to the west property line of Lot 5, block 4, Rainbow Lakes West 3rd Addition, where they intersect with 45-foot sewer easement. Motion -- Knight moved that the Vacation Order be approved and the necessary signatures be authorized. Motion -- carried carried 7 to 0. A 02-13 A 02-13 - ANNEX LAND LOCATED NORTH OF 53RD STREET NORTH AND ONE-HALF MILE EAST OF ROCK ROAD. (District II) Agenda Report No. 02-1640 The City requests the annexation of the Northeast Water Storage Tank site, approximately 3.7 acres, situated north of 53rd Street North and 1/2 mile east of Rock Road. The site does not currently abut the City of Wichita, however the City of Wichita owns the site therefore making the site eligible for annexation. Land Use and Zoning: The annexation site is currently agricultural and zoned "RR" Rural Residential. The City of Wichita plans to develop the site with a water storage tank in the near future. Land surrounding the proposed annexation site is predominantly agricultural and zoned "RR" Rural Residential. Public Services: The City of Wichita is currently designing a water main extension along 53rd Street North from Webb Road to serve this site. Street System: The property proposed for annexation has access to 53rd Street North (unimproved). Currently there are plans to improved 53rd Street North either in the 2002-2011 City of Wichita Capital Improvement Plan (C.I.P) or the Sedgwick County 2002-2006 Capital Improvement Plan (C.I.P.). Comprehensive Plan: The proposed annexation does not fall within the City of Wichita Urban Service Area. The property is eligible for annexation under K.S.A. 12-519, et seq. Recommendations/Actions: Approve the annexation request and first reading of the Motion -- Knight moved that the annexation be approved and the Ordinance be placed on first reading. Motion -- carried 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. A02-13 AIRPORT AGENDA NOTICE: The City Council is meeting as the governing body of the Airport for consideration and action on items on this Agenda, pursuant to State law and City ordinance. The meeting of the Authority is deemed called to order at the start of this Agenda and adjourned at the conclusion. AIRPORT LAND USE AGREEMENT - JABARA AIRPORT. Agenda Report No. 02-1641 On December 19, 2000, the City Council approved a Letter of Intent for the development of an 18,000 sq. ft. executive hangar at Col. James Jabara Airport to be leased to Wichita Air Services, Inc. (WASI) and Jack P. DeBoer, and designated these two jointly as Preferred Developer for the construction of the hangar and related developments. The Letter of Intent called for the negotiation of a development agreement and lease. These documents were subsequently approved by the City Council on February 6, 2001, along with a Resolution authorizing the issuance of General Obligation Bonds of the City of Wichita to pay all or a portion of the costs of constructing an aircraft hangar and associated improvements. The agreements approved by the City Council addressed the arrangement between the City of Wichita and Wichita Air Services, Inc. and Jack P. DeBoer. The cost of the hangar and associated improvements were financed by the City and amortized over the term of the lease from payments received from WASI and DeBoer. Lease payments also covered the land lease payments to the WAA. In that the Wichita Airport Authority holds title to the land, the City of Wichita then entered into an agreement with the Wichita Airport Authority. The term of the land lease between the City and the WAA mirrors the term included in the agreements previously approved by the City Council between the City and WASI and DeBoer. However, the land rent schedules varied in that the City's agreement with WASI included a land rental amount of $.12/sq.ft. over the initial term, and the agreement between the City and the Wichita Airport Authority reflected an escalating land rent schedule, ranging from $.0985/sq.ft. during the first year to $.1428 during the 15th year. The City is desirous of amending its agreement with the Wichita Airport Authority to reflect the $.12/sq.ft. rate which is included in the City's lease with Wichita Air Services. The revenue difference over the 15-year period is less than $500. Motion -- Knight moved that the Agreement be approved; and the necessary signatures be authorized. Motion -- carried carried 7 to 0. HOUSING AGENDA NOTICE: The City Council is meeting as the governing body of the Housing Authority for consideration and action on items on this Agenda, pursuant to State law, HUD, and City ordinance. The meeting of the Authority is deemed called to order at the start of this Agenda and adjourned at the conclusion. Inafay Grays-McClellan, Housing Member is also seated with the City Council. HOUSING REPORT REPORT OF PUBLIC HOUSING OCCUPANCY. Agenda Report No. 02-1642 This update provides the current status of all Public Housing Units under make ready status, Capital Fund Program and vacant units ready to be leased. As of July 8, 2002, 21 units are in make ready status, 6 units are in the Capital Fund Program and 13 units are waiting to be leased. The total of 40 vacancies represents an occupancy rate of 93.0%. Property Managers leased 15 units during the month of June. One Greenway Manor apartment has sustained damage in a fire and will be tracked separately during the process of insurance settlement and rehabilitation. There are no financial considerations. Motion -- carried Knight moved that the Report be received and filed. Motion carried 8 to 0. HOUSING REPORT REPORT OF PUBLIC HOUSING CAPITAL IMPROVEMENTS. Agenda Report No. 02-1643 The City of Wichita Housing Authority (WHA) Capital Fund Program will make all necessary capital improvements and corrections of deficiencies in the WHA rental inventory to ensure the long term physical and social viability of WHA developments. The Program is also used to upgrade the management operations of the WHA to assure the ability of staff to serve the housing needs of low to moderate income families. This report covers the current status of all Capital Fund improvement projects. The 2000 and 2001 Capital Fund grants are in the amounts of $1,192,646 and $1,216,704 respectively. The WHA has received notice of the 2002 Capital Fund funding award of $1,159,577. The 2000 grant has been expended with the exception of two obligated projects. The 2003 through 2005 budgeted amounts are estimated on the basis of the 2002 grant amount. There are no financial considerations. Motion -- carried Knight moved that the Report be received and filed. Motion carried 8 to 0. SECTION 8 SECTION 8 STATISTICAL MONTHLY REPORT. Agenda Report No. 02-1644 The Section 8 Housing Assistance program allows Housing Authorities to assist as many families as can be assisted with the funds allocated. The Wichita Housing Authority has been approved to administer 2506 allocations. June 2002 Number Number Over (Under) Annual Annual Program Allocated Committed Committed Lease-Up Rate Voucher 2055 1933 (122) 2099 101.2% Fair Share (2002) 156 156 0 Mainstream (2002) 75 75 0 SPC 102 130 28 Mod Rehab 58 28 (30) Certificate 35 52 17 Portable 25 25 0 TOTAL 2506 2399 (*107) *Number of vouchers available for the Housing Choice Voucher Program due to positive and negative termination of clients. All vouchers issued for Fair Share and Mainstream are committed. Due to many variables such as voucher and certificate holders finding and leasing a property that does not require the maximum subsidy, we are able to assist additional units and remain within budget. Motion -- carried Knight moved that the Report be received and filed. Motion carried 8 to 0. SECTION 8 REVISIONS TO SECTION 8 ADMINISTRATIVE PLAN. Agenda Report No. 02-1645 The Governing Board of the Housing Authority must first approve revisions to the Section 8 Administrative Plan before they can be implemented. The revisions to the existing plan are requested in order to alter local procedures. The following amendments are local policies/procedures. 5.2 PREFERENCES Include the following statement to clarify procedures for issuance of vouchers: Each of the preferences are weighted equally. Initial annual formal application sessions will be directed toward fulfilling maximum number, if any, identified for the preferences. Call-ins for non-preference by date and time will be utilized simultaneously in order to maintain voucher utilization at 97% or greater. Subsequent call-ins for formal application sessions will attempt to satisfy the maximum preference numbers per year by including the preferences in non-preference date and time application notifications for formal application sessions. 14.2 INTERIM REEXAMINATIONS Amend current statement: Families are required to report within 30 days any increase in income or decreases in allowable expenses between annual reexaminations; to read: Families are required to report within 30 days any change in income which represents a 10%, or greater increase and all decreases in allowable expenses between annual reexaminations. Amendments are required or permitted in accordance to Rules and Regulations for Administration of Section 8 Voucher Program. Motion -- Knight moved that the Administrative plan amendments for the Section 8 Voucher Program be -- carried approved and adopted. Motion carried 8 to 0. DRUG ELIMINATION PUBLIC HOUSING DRUG ELIMINATION PROGRAM PROJECT. Agenda Report No.02-1646 The City of Wichita was awarded Public Housing Drug Elimination Program funding for the purpose of reducing the incidence of drug related crime within the neighborhoods in which concentrations of public housing units are located. The funds were received from HUD during fiscal years 1999-2001. Enforcement and preventative activities are eligible for funding through the program. Wichita projects funded included above baseline police services through an MOU with the City of Wichita Police Department, youth recreational activities through an MOU with CityArts, an agreement with Big Brothers and Big Sisters during 2001 to provide matches, and the gun buy-back program. An RFP was developed by the department in order to secure proposals for activities to be completed by June 30, 2003. The deadline for proposals was March, 26, 2002. Two proposals were received and reviewed, with 1 being recommended for funding: the YMCA Leaders in Training program. The Leaders in Youth program will focus on providing 60 youth ages 13-18 with job readiness experience through instruction and hands on experience. Youth will be participate in recreational and job readiness activities at the North Branch YMCA that will prepare them for employment. The amount of the contract with YMCA is $21,488. The project proposed by YMCA satisfies the requirements described in the Request for Proposal for Youth Recreation/Drug Education/Prevention services. The project will satisfy the goal to provide recreational and instructional activities that will reduce the likelihood of drug related crimes by the youth participating in the program. YMCA has the necessary qualifications and abilities to provide the services as described in their proposal. It is the recommendation of the HSD to approve the proposal for services from YMCA to provide the Leaders in Training project. Program cost of $21,488 will be paid from the Public Housing Drug Elimination Program. Motion -- Knight moved that the award of the Contract be approved and the necessary signatures be authorized. -- carried Motion carried 8 to 0. HUD REVISIONS OF THE 2001 AND 2002 HUD CAPITAL FUND GRANT BUDGETS. Agenda Report No. 02-1647 Since 1992, the Department of Housing and Urban Development (HUD) has awarded the City of Wichita Housing Authority modernization funds through the Comprehensive Grant Program and in beginning in 2000 the Capital Fund Program for the purposes of updating units and management systems in the Public Housing Division. Housing authorities share the national allocation, which is determined by a calculation using various characteristics of each housing authority. HUD regulations allow a housing authority to revise its approved annual budget when changes to the budget are required due to construction and administrative cost changes, HUD Notices, disasters, and emergencies outside the control of the housing authority. The revisions being proposed are items that have been approved by HUD in the present Capital Fund Five-Year Plan. The major revision to the 2001 budget is an increase in the transfer to the Public Housing Operations Budget from $150,000 to $240,000. The 2002 budget is being revised to reflect the change in the actual funding of the 2002 Capital Fund Grant and the increase in the transfer to the Public Housing Operations Budget from $150,000 to $230,000 and $90,000 to $275,000 in non-dwelling structures for the Section 8 Office/ Public Housing Office modifications. The proposed revisions do not change the total amount of the 2001 and 2002 HUD allocated Capital Fund Grants and do not involve any local funding. Motion -- Knight moved that the revisions to the 2001 and 2002 HUD Capital Fund Grant Budgets be approved. Motion -- carried carried 8 to 0. SECTION 8 APPLICATION FOR SECTION 8 VOUCHERS. Agenda Report No. 02-1648 The Department of Housing and Urban Development (HUD) issued a notice of Funding Availability for approximately $53.9 million in budget authority for Section 8 housing choice vouchers for persons with disabilities. This funding will provide approximately 1,900 vouchers. The Section 8 wait list currently lists 2,164 families needing rental assistance. There are currently 120 elderly disabled families and 658 non-elderly disabled families on the waiting list. The NOFA specifies that the maximum number of vouchers that any housing authority may apply is 75, and this application is for that number. Allocation of the available vouchers will be determined by lottery among the housing authorities submitting acceptable applications. If the housing authority receives 75 vouchers, the additional vouchers will produce approximately $367,000 in HAP payments annually. The Housing Authority will also earn annual Administrative Fees of approximately $36,000. Motion -- Knight moved that the application be approved and the necessary signatures be authorized. Motion -- carried carried 8 to 0. JANITORIAL SER. JANITORIAL SERVICES FOR PUBLIC HOUSING APARTMENT COMPLEXES. Agenda Report No. 02-1649 The City of Wichita Housing Authority owns and manages Greenway Manor (86 apartments) and McLean Manor (90 apartments). Both complexes are high-rise buildings. Also included are Rosa Gragg (32 apartments) and Bernice Hutcherson (18 apartments), which are garden apartments. The residents of the four complexes are responsible for the housekeeping of their individual apartments. The complexes have common interior areas that are maintained by a janitorial service. Common areas include laundries, cafeterias, lounges, restrooms and hallways. The physical condition and interior maintenance of these complexes have been a concern of the staff and the Kansas City Regional HUD Office. Funding for the janitorial services is a part of the Public Housing operating budget. The Housing Services Department issued a Request for Proposal (RFP) to janitorial contractors. Included in RFP was the methodology of award by a technical evaluation. The technical evaluation was done in order to insure that an experienced, professional janitorial contractor would maintain the complexes. Nine responses were received for the RFP. Staff has reviewed and evaluated the proposals and recommends that River City Building Maintenance be awarded the contract at $21,745.92 for one year with two, one-year options. Funding for this project is a part of the adopted 2002 Public Housing Operating Budget. Motion -- Knight moved that the proposal and Contract be approved; and the necessary signatures be authorized. -- carried Motion carried 8 to 0. RECESS The City Council recessed at 10:18 a.m. and returned at 10:48 am. (The City Council returned to take up Item No. 6; action is shown in Agenda order. ADJOURNMENT The City Council meeting adjourned at 10:54 a.m. Pat Burnet CMC City Clerk CITY COUNCIL PROCEEDINGS JOURNAL 176 JULY 16, 2002 PAGE 125