MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, May 7, 1996 Tuesday, 9:05 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cole, Gale, Rogers; present. Council Members Cather, *Ferris, *Kamen; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Lakshmi Kambampati, Sanskrit Prayer. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. Minutes -- The minutes of the regular meeting of April 30, 1996, were -- approved approved 4 to 0. (Cather, Ferris, Kamen; absent) AWARDS AND PRESENTATIONS *Council Member Kamen present. GUEST RECOGNITION Chinese Civil Aviation Administration Officials were recognized. The Friendship Force Group from Chaing Mai, Thailand, was recognized. EMPLOYEE DEVELOPMENT Employee Development Certificates were presented. PUBLIC AGENDA COMMENTS BY THERESA L. LAWRIE. Theresa L. Lawrie Theresa L. Lawrie, speaking regarding handicap parking tickets, said the City of Wichita does not show leniency for those who have placards but either forget to hang them in the vehicle window or who have had them blown down by the wind. Also, it seems the City Ordinance has made it so the judges are not able to offer payment or reduced fine options. *Council Member Ferris present. Ms. Lawrie said she had contacted many neighboring cities, including Las Vegas, and all dismiss tickets with the showing of a valid placard. Ms. Lawrie asked the Council to readdress the issue. Mayor Knight Mayor Knight explained that he had previously requested that Staff assemble data on Council Action over the past four to six months and to place a review Item on the agenda for discussion and public debate. Council Member Cole Council Member Cole stated that she hoped Council discussion would be held after the upcoming Commission on the Status of the Handicapped meeting. Mayor Knight Mayor Knight said it would also be helpful if those with a point of view would also access and make their view known to the Commission on the Status of the Handicapped. UNFINISHED BUSINESS MAINTENANCE CONTRACT CONTRACT FOR 1996 CONTRACT MAINTENANCE RECLAMITE SEAL OF RESIDENTIAL STREETS. Continued from April 22, 1996. 1996 Contract Maintenance Reclamite Seal of Residential Streets at various locations. (131540/112000) Traffic to be maintained during construction. (Council approval date 01-23-96) (District all) Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-381. On April 23, 1996, the City Council deferred consideration of a bid for reclamite seal of residential streets for additional information. The contract for this project was continued in order to review bids and determine why only one bid was received. The reclamite product is used to repair and seal streets that are 5-7 years old and cure the oxidation that occurs in new streets. This process extends the surface life of the street, making the surface more pliable/flexible. It also allows Public Works to spend more on the front-end of the maintenance cycle and eliminate costly repairs later in the pavement life of the street. There were two vendors that could do this type of work -- one local firm and one out-of-state firm. The local firm declined to bid because it would have to purchase the material from another local supplier, and, therefore the company did not think that a competitive bid could be provided. In addition, it would be necessary to dedicate a distributor truck solely to this project for the duration which the contractor felt would have a detrimental impact on its other summer projects. The bid for the 1996 Contract Maintenance Reclamite Seal of Residential Streets (various locations) was $70,444.20. The budget for the project is $72,730.00. Motion -- Knight moved that the Contract with Paving Maintenance Supply - $70,444.20 be -- carried approved and the Mayor be authorized to sign. Motion carried 6 to 0. (Cather absent) 33RD NORTH PAVING PROPOSED PAVING OF 33RD STREET NORTH FROM SALINA TO WOODLAND. (District VI) Continued from April 2, 1996, for meeting with affected property owners. Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 96-267 A. On April 2, 1996, the City Council considered a proposal to pave 33rd Street North, from Salina to Woodland. Action was deferred because Council Member Cole wanted to meet with CPO Council 6 and affected property owners about the method of assessment. The meeting was held April 10, 1996. It was the consensus of the group to assess the project on an equal share basis. 33rd Street North is a sand street serving a single family neighborhood. The street is difficult to maintain and drains poorly. The estimated project cost is $59,000. The funding source is Special Assessments. The proposed method of assessment is the equal share basis. The estimated rate of assessment is $1,400 per tract. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Jan Blosser Jan Blosser, 922 West 33rd, said all of the affected property owners had decided to split the cost equally. Motion -- Cole moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 6 to 0. (Cather absent) RESOLUTION NO. R-96-176 Resolution of findings of advisability and Resolution authorizing improving of 33rd Street North from the west line of Salina to the west line of Woodland, Project No. 472-82701 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cole moved that the Resolution be adopted. Motion carried 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. PAVING ARAPAHO PETITION TO PAVE ARAPAHO FROM MAPLE TO TAFT. (District V) Continued from April 30, 1996. Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 96-357. The signatures on the petition represent 59% (10 of 18 owners) of the improvement district area. CPO Council 5 considered the petition on April 10, 1996. The Council voted 5- 3 to recommend approval of the project with the condition that the City pay the cost of the turnaround at the south end of Arapaho at Taft. Arapaho is a sand road that serves a single- family neighborhood. The estimated project cost is $198,000, with $182,000 assessed to the improvement district and $16,000 paid by the City. The City's share is for the cost of intersection paving. The assessment rate to individual properties is $00.49 per square foot of ownership. Council Member Ferris Council Member Ferris said he needed additional time to review this matter. Motion -- Ferris moved that this Item be deferred one week. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Pat Rupp Pat Rupp, 325 South Arapaho, said there is also a drainage problem in the area. Water collects and has no where to drain. Ms. Rupp asked for approval of the project which would also help the drainage situation. -- carried Motion carried 6 to 0. (Cather absent) PAVING 19TH NORTH PETITION TO PAVE 19TH STREET NORTH FROM SANTA FE TO MOSLEY. (District VI) Continued from April 30, 1996. Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 96-358. The signatures on the petition represent 51% (2 of 7 owners) of the improvement district area. CPO Council 6 considered the petition on April 10, 1996. The Council voted 7- 0 to recommend approval of the project. 19th Street is a sand road that serves a manufacturing/warehouse area. The road drains poorly and is difficult to maintain. It also attracts illegal dumping. The estimated project cost is $135,000, with $123,000 assessed to the improvement district and $12,000 paid by the City. The City's share is for the cost of intersection paving. The assessment rate to individual properties is $00.38 per square foot of ownership. Council Member Cole Council Member Cole said there is also interest in paving Santa Fe but that this project should move forward. Paving projects for the surrounding area should be looked at to and then any others could be done at the same time as this project. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Linda Guerra Linda Guerra, Perfekta, Inc., said she would rescind opposition to paving only 19th. Hopefully, Santa Fe will also be paved at a future time. During dry times, the gravel is soft and trucks get into the ditches. Also, when trains come through and 19th Street is blocked off and there is rain, trucks cannot go down Santa Fe. Because the streets are not paved, the streets look rural and advantage is taken by some persons to do illegal dumping. Employees have also complained about having broken vehicle windshields due to the unpaved streets. Motion -- Cole moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 6 to 0. (Cather absent) RESOLUTION NO. R-96-177 Resolution of findings of advisability and Resolution authorizing improving of 19th Street from Santa Fe to Mosley, Project No. 472-82715 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cole moved that the Resolution be adopted. Motion carried 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. DP-219/Z-3191 DP-219 - REQUEST FOR COMMERCIAL COMMUNITY UNIT PLAN; AND Z-3191 - REQUEST FOR ZONE CHANGE FROM "AA" ONE FAMILY DWELLING DISTRICT TO "LC" LIGHT COMMERCIAL. Continued from April 30, 1996. Marvin Krout Director of Planning reviewed the Item. Setbacks for certain uses adjoining residential districts which were in three different places in the CUP have now been consolidated in Revision No. 7. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Phil Meyer Phil Meyer, Baughman Company, said Mr. Neville has agreed to a reduced size of CUP and increased restrictions. Motion -- Ferris moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC be approved, subject to the recommended conditions and including the additions and changes noted in the staff report; and the Planning Department be instructed to forward the Ordinance for first reading -- carried when the plat is forwarded to the City Council. Motion carried 6 to 0. (Cather absent) NEW BUSINESS ANNUAL FINANCIAL REPORT 1995 COMPREHENSIVE ANNUAL FINANCIAL REPORT. Ray Trail Director of Finance reviewed the Item. Agenda Report No. 96-382. Kansas state law requires an annual audit of all City accounts to be performed by an independent certified public accounting firm at least annually. The Comprehensive Annual Financial Report (CAFR) is for the year ended December 31, 1995. Additionally, an audit of the City's federal forfeiture programs is required by the Bureau of Justice each year, beginning with the year ended December 31, 1994. The City's Comprehensive Annual Financial Report (CAFR) is designed to provide information needed by interested parties to gain a fair understanding of the government's financial position, results of operations and cash flows. The independent certified public accounting firm of Allen, Gibbs & Houlik, L.C. issued their opinion that the general purpose financial statements present fairly, in all material respects, the financial position of the City as of December 31, 1995, and the results of its operations and the cash flows of its proprietary fund types and component units in conformity with generally accepted accounting principles. In accordance with Governmental Accounting Standards Board Statement 14 - The Financial Reporting Entity, the Wichita Public Building Commission is now reported as a component unit of the reporting entity (the City), due to the financial and operational relationship that exists with the City as a result of leases related to the State Office Building. Other component units include the Wichita Airport Authority and Metropolitan Transit Authority. The financial statements of the component units have been included in the financial reporting entity as discrete presentations. The Government Finance Officer's Association (GFOA) of the United States and Canada awarded a Certificate of Achievement for Excellence in Financial Reporting to the City for its comprehensive annual financial report for the year ended December 31, 1994. In order to be awarded a Certificate of Achievement, a government unit must publish an easily readable and efficiently organized Comprehensive Annual Financial Report (CAFR), with content that conforms to program standards. Staff believes that the 1995 CAFR continues to meet GFOA standards for certification and the City has applied for this recognition. As required by the Department of Justice, audits were also performed to determine compliance with administration of the Department of Justice Forfeiture Program for the years ended December 31, 1994, and 1995. The independent certified public accounting firm of Allen, Gibbs & Houlik, L.C. has also issued Independent Accountants' Reports for these programs. Kansas law requires an annual audit of City financial records by a certified public accounting firm (K.S.A. 75-1122) in accordance with the minimum standard audit program (K.S.A. 75-1123). Mark Dick Mark Dick, of Allen, Gibbs & Houlick, L.C., said the audit is designed to answer three basic questions: (1) Are the Financial Statements of the City fairly presented? (2) Are there effective internal controls over the money and do the controls work? (3) Did the City substantially comply with all the legal requirements at all governmental levels? Mr. Dick stated, "We found no material errors or irregularities, nothing significant there. We found no significant, illegal acts or violations of any compliance issues that had a material impact on the financial statements. As far as the accounting policies that your finance staff follows, they were consistent with prior years which means that your financials are comparable and we did not change anything in the middle. And then, last but not least, we had excellent cooperation from all the City personnel - Finance staff, including department heads, etc., and we were grateful for that. That made our job a lot easier. "Our audit report is unqualified which, in accounting terms, means that the Financial Statements are fairly presented. We found no significant errors. The compliance reports in the back of the CAFR will indicate that the City did, indeed, comply, in all material respects, with all the requirements on your federal grant money as well as state. "You have also complied with the Kansas cash basis and budget laws which are very important. And, in our internal control reports, we noted one reportable condition that has subsequently been corrected by your Finance staff. A reportable condition simply means that it is a situation that has the potential of an error occurring and not being detected very quickly. There were no significant errors, we just noted the potential area and they took action to correct that." Controls over receipts coming in daily can be improved and Finance Staff has already has a system in the process of being implemented. There is also concurrence with the City's Internal Auditor regarding the accountability over Police Department citations. There has been drastic improvement of 1995, but there still needs a little bit of attention. The Water Department can improve how parts and supplies are inventoried. A bank has been engaged to service the City's low income and historic housing loans but the City does not have an internal record. It is recommended that, at a minimum, there is at least a summary of the loans and the people involved. For Federal Grant money, the rules have been changed and the amount of time an individual spends in a certain area can no longer be estimated to be reimbursed by the Federal Government. There must be actual time records from which to base the reimbursement. It is recommended the City establish a system to track conduit debt (debt that bears the City of Wichita's name for which the City is not directly responsible; i.e., industrial revenue bonds). There is a new accounting pronouncement, effective for 1997, that requires disclosure of the amount of conduit debt outstanding at year end. The way general fixed assets are accounted for can be changed. Under the City's present policy, accounts are capitalized for each item that costs in excess of $250. The City has a total of $175 million worth of general fixed assets. At the capitalization policy of $250, it is an accounting nightmare to keep track of all the detail and it is not significant as it relates to the $175 million. It is suggested that the $250 threshold be raised to a much larger amount, perhaps $5,000 or $10,000. That does not mean that there will not be an inventory of the smaller items the City wants to track. The tracking is an inventory function more than an accounting function. Council Member Kamen Council Member Kamen asked that staff provide information on the conduit debt disclosure and the capitalization on items over $250. Regarding the capitalization, Council Member Kamen said it seemed that a long time ago the City went to that system because there were some benefits, and he wondered why the City went to and now wants to leave capitalization. Chris Cherches City Manager said there will be internal discussions addressing each of the issues and other items found by the Auditor that may not have been addressed this morning. Mayor Knight Mayor Knight said he thought there needed to be focus on the City's internal audit responsibilities. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the 1995 Comprehensive Annual Financial Report and the Independent Accountants' reports of the Department of Justice Forfeiture Program for the years ended December 31, 1994, and 1995, be received and filed. Motion -- carried carried 6 to 0. (Cather absent) CONDEMNATION HEARINGS HEARINGS ON REPAIR OR REMOVAL OF DANGEROUS AND UNSAFE STRUCTURES. Kurt Schroeder Superintendent of Central Inspection reviewed the Items. Agenda Report No. 96-240 A. On March 19, 1996, the City Council adopted resolutions providing for public hearings to held at 11:00 a.m. on May 7, 1996. Hearings will be held on the following properties: (1) 2249 North Kansas (2) 2400 West 13th (garage) (removed from consideration; garage demolished) (3) 1848 North Payne (4) 3300 North Arkansas (5) 158 North Minneapolis (6) 2902 East Stadium Mayor Knight Mayor Knight inquired if anyone wished to be heard and one person appeared for 2902 E. Stadium. Motion -- Knight moved that the public hearing be closed, the resolution declaring the building(s) dangerous and unsafe structures be adopted on all but No. 6, the staff recommended time frame to alleviate the findings be approved and any extensions of time granted to repair the structures would be conditioned on the following: (1) any back taxes now due are to be paid and taxes kept current, (2) the structures are to be kept secured, and (3) the premises are to be kept mowed and free of debris; if any of these conditions are not met, staff is directed to proceed to let for bids to demolish the structure; and the City Clerk be instructed to have the Resolution published once in the official city paper and -- carried advise the owners of these findings. Motion carried 6 to 0. (Cather absent) RESOLUTION NO. R-96-178 A Resolution finding that the structure located on Lot 5, Block F, Millair, Wichita, Sedgwick County, Kansas, known as 2249 North Kansas, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96-180 A Resolution finding that the structure located on lots 61 and 63 on Payne Avenue in Payne's Subdivision of lots 14, 16, 18, 26, 28, and 30, Payne Avenue in Ford's Second Addition to Wichita, Sedgwick County, Kansas, known as 1848 North Payne, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96-181 A Resolution finding that the structure located on Lots 20, 21, 22, 23, 24, and the south half vacated Chisholm Drive adjacent to the north side of Lot 20, in Gibbons Gardens, Sedgwick County, Kansas, including the property lying immediately east of and adjacent to the hereinabove described lots and the west right of way line of the north Wichita Drainage Canal and vacated in the same proceedings as vacating the south 1/2 of vacated Chisholm Drive, known as 3300 North Arkansas, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. (6) 2902 East Stadium Council Member Kamen left the Bench. Kurt Schroeder Superintendent of Central Inspection reviewed the Item. Kevin Kimmel Kevin Kimmel, new buyer of the property, said he can rehabilitate the structure and that when title is received, he will clean and fence the property and begin repairs. Sixty days was requested to complete repairs. Motion -- Rogers moved that the public hearing be closed, the resolution declaring the building(s) dangerous and unsafe structures be adopted, that sixty days to alleviate the findings be approved and any extensions of time granted to repair the structures would be conditioned on the following: (1) any back taxes now due are to be paid and taxes kept current, (2) the structures are to be kept secured, and (3) the premises are to be kept mowed and free of debris; if any of these conditions are not met, staff is directed to proceed to let for bids to demolish the structure; and the City Clerk be instructed to have the Resolution published once in the official city paper and advise the owners of these findings. Motion -- carried carried 5 to 0. (Cather, Kamen; absent) RESOLUTION NO. R-96-183 A Resolution finding that the structure located on Lot 36, Block 13, Shadybrook Addition to Wichita, Sedgwick County, Kansas, known as 2902 East Stadium Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Rogers moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Kamen; absent) Yeas: Cole, Ferris, Gale, Rogers, Knight. Council Member Kamen present. (5) 1858 North Minneapolis (After action was taken on this Item, a representative for the owner came into the Council Chambers to speak.) Motion -- Knight moved that (5) 1858 North Minneapolis be reconsidered. Motion carried -- carried 6 to 0. (Cather absent) Mayor Knight left the Bench; Council Member Ferris in the Chair. Kurt Schroeder Superintendent of Central Inspection reviewed the Item. Cheryl Keith Cheryl Keith, Secretary of the Upper Room Church, said Gloria Reed, property owner, is a single parent with four children with one source of income. Previous contractors have not completed work started on the property. Ms. Reed just received her income tax refund and was waiting on this money to fund the repairs. Ms. Reed's son will be living at the property. Ms. Keith asked the Council to give 90 days for the repairs to be completed. If necessary, the Church will try to do something about the repairs. Ms. Keith said her husband would nail the back door shut until further work can be done. Mayor Knight present; Council Member Ferris in the Chair. Responding to a question, Ms. Keith said she believed Ms. Reed's situation has changed enough for her to make the kind of repairs that will make this an economically feasible investment. And, the members of the Church would assist with the repairs and understood that some financial assistance would probably be needed. Motion -- Rogers moved that the public hearing be closed, the resolution declaring the building(s) dangerous and unsafe structures be adopted, Sixty days to alleviate the findings be approved and any extensions of time granted to repair the structures would be conditioned on the following: (1) any back taxes now due are to be paid and taxes kept current, (2) the structures are to be kept secured, and (3) the premises are to be kept mowed and free of debris; if any of these conditions are not met, staff is directed to proceed to let for bids to demolish the structure; and the City Clerk be instructed to have the Resolution published once in the official city paper and advise the owners of these findings. Motion -- carried carried 6 to 0. (Cather absent) RESOLUTION NO. R-96-182 A Resolution finding that the structure located on Lots 146 and 148, Block 14, Pennsylvania Addition to Wichita, Sedgwick County, Kansas, known as 1858 North Minneapolis, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Rogers moved that the Resolution be adopted. Motion carried 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. Mayor Knight in the Chair. SOLID WASTE MANAGEMENT PUBLIC COMMENT ON SOLID WASTE MANAGEMENT. Mayor Knight Mayor Knight said public hearings would be held at 7:00 p.m. on May 9th at the Sedgwick County Extension Building on west 21st, and on May 23rd at Coleman Middle School. Chris Cherches City Manager said video tapes would be made of the hearings and would be replayed, and copies could be furnished as requested. Council Member Ferris Council Member Ferris requested a copy of the hearing on May 9th. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Larry Ross Larry Ross expressed concern with the feeling that there is a lack of attention and leadership on the issue of recycling, waste reduction, and generally, reducing, reusing, and recycling solid waste. Mr. Ross said his concern is that in presenting various options, the whole idea of recycling and reduction of solid waste really is not mentioned. Perhaps it is an assumption that is there and permeates all the options, but it is felt that there needs to be an aggressive and comprehensive plan on the part of the City to address the reduction, reuse, and recycling of solid waste. Regarding a transfer station, Mr. Ross said he would prefer rail to on-road transportation operation for environmental and practical reasons. Mayor Knight Mayor Knight explained that the City Council has made a commitment to public education. It would be safe to assume that, regardless of what the City does with the final disposal of solid waste, reduction, reuse, recycling will be part of the strategy. Council Member Kamen Council Member Kamen said that by the end of the year, the City should be recycling at least 25 percent of the City's waste stream. Motion -- carried Knight moved that the comments be taken under advisement. Motion carried 6 to 0. (Cather absent) REVOLVING LOAN FUNDING REQUEST FOR REVOLVING LOAN PROGRAM FUNDING FOR THE PARKS/HOUSTON HOUSE, 1111 NORTH BROADWAY. (District VI) Chris Cherches City Manager reviewed the Item. Council Member Gale momentarily absent. Agenda Report No. 96-383. The Parks/Houston House, located at 1111 N. Broadway, was constructed in 1900 by local lumberman A.S. Parks, and later became the home of another lumber dealer, S.J. Houston. The Parks/Houston house is one of the finest examples of Neoclassical architecture applied to a residential structure in Wichita. Designed by Wichita architect Elbert Dumont, the home is one of a few remaining residences constructed on North Broadway in an area known as "Lumberman's Row." The property's two-story garage is rumored to have housed the City's first electric car, delivered to Parks at the turn of the century. In 1976, this home was added to the Wichita Register of Historic Places, recognizing both its architectural and historical significance. Currently, the property owner is nominating the residence to the Register of Historic Kansas Places and the National Register of Historic Places. Over the years, the house has received sporadic maintenance, so that it now suffers from serious structural problems. In response to its deteriorating condition, on February 12, 1996, the City's Historic Preservation Board voted unanimously to approve funding in the amount of $52,000 for repairs to the foundation, front, side, and back porches, gutter and stonework repairs, and funds to paint the property. The additional $2,000 is sought to cover the cost of a project contingency, title work and filing and origination fees, for a total requested amount of $54,000. The physical decline of the house has proceeded for years, and several elements of the structure are in particular danger of collapse, including the structure's two- story front columns. The immediate repair of the foundation, stonework, porches and gutter system, in addition to the application of new paint, will make the building weather-tight and arrest further deterioration. The maximum amount allowable through the program is $25,000. If a request is received which exceeds $25,000, a 2/3 majority vote by the Historic Preservation Board and a majority vote of the Wichita City Council is required for approval. The Revolving Loan Program for Historic Properties funds are made available at a rate of four (4) points below the Prime Rate, over a period of twenty years. The purpose of the loan is to provide low-interest loans to encourage the preservation and rehabilitation of historically and architecturally significant structures in Wichita. Presently, there is approximately $91,000 available in the fund, with an additional $100,000 that will be added to the program at the start of fiscal year 1996-97. The Neighborhood Improvement Services section of the Office of Central Inspection administers the funds and also monitors the projects as they progress. The City will have no legal obligations apart from normal inspection procedures associated with the housing, building and other applicable codes. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Dean Bradley Dean Bradley, architect, said the appendages to the structure are in need of repair and urged the Council's approval. Motion -- Cole moved that funding in the amount of $54,000 be approved. Motion carried -- carried 6 to 0. (Cather absent) PARKING - OLD TOWN ORDINANCE PERTAINING TO ALLEY PARKING IN OLD TOWN. Council Member Kamen declared a conflict of interest and left the Bench. Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-384. The City Council has received a petition from several citizens asking that the City's parking ordinances be amended to permit parking on one side of certain alleys in the Old Town District. The Old Town District would be defined by reference to the Old Town Overlay Zoning District and the alleys in which this parking would be permitted would be those as designated from time to time by the traffic engineer. Because of the unique nature of the Old Town District and the shortage of parking, it would be desirable to permit parking on one side of certain alleys in the District where such parking would not interfere with the public use of these alleys. At present, parking in alleys throughout the City is prohibited except for truck loading. This amendment would require the traffic engineer to determine which alleys are appropriate for parking on one side and would require signage to indicate that parking is permitted. The City would retain the right to close these alleys to parking and travel under the same circumstances that it can close streets for construction and special events. Council Member Cole Council Member Cole stated that, it is her assessment that there are only two alleys in the whole area that are wide enough to allow traffic if cars are parked along side. The alley behind Larkspur allows traffic both ways, presently, except behind Vosburg's building which sticks out into the alley. Currently, there are cars jockeying for position in that extension spot. The only other alley that could handle a parked car and someone driving is the alley next to Mr. Kamen's building on Rock Island. That alley allows the width of two cars. On both alleys, cars come and go from either direction. This morning, there were two vehicles parked on the Rock Island alley. One of the drivers went into the Farm and Art Market and it is assumed that driver is an employee of the Farm and Art Market. There are safety concerns in that the alleys would be limited to just one-way possibilities and cars would be jockeying for position. Philosophically, "I thought this Council had been working very, very hard with the employers down there to say that, 'you should discourage your employees from parking right next to the buildings so that your customers could park along side. I thought that was what we had been doing in a number of occasions. Currently, trucks can be in the alleys for 15 minutes to load and unload. That is the only allowable situation today. If parking is allowed on a full-time basis, where will trucks load and unload? Does the City want to encourage all-day employee parking in the alleys? Council Member Ferris Council Member Ferris said he had received a petition from several business owners in the area. It would not be a great problem to allow employee parking in the alleys until the stores opened. The request before the Council is to allow the Traffic Engineer to evaluate whether or not it is appropriate to park in the alleys. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that this Item be deferred to June 4th, 1996; that the petition signers be notified of the hearing to allow them to tell the Council why; and that the Traffic Engineer present whether or not he is concerned how the ordinance would be enacted and to compare this with what is done on the streets. Council Member Cole Council Member Cole asked that this matter also be brought up to the two committees in the Old Town area so they might look at the matter in a broader way as well. -- carried Motion carried 5 to 0. (Cather, Kamen; absent) Council Member Kamen present. ELECTRICAL CODE PROPOSED AMENDMENTS TO THE ELECTRICAL CODE (TITLE 19). Council Member Ferris left the Bench. Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-385. The Safety Code for Elevators and Escalators (ANSI/ASME A17.1-1993), published by the American Society of Mechanical Engineers (ASME) is revised and updated approximately every three (3) years in order to keep current with changing industry standards and practices. The 1993 edition of this Code is the latest and most current. Presently the City of Wichita is enforcing the 1990 edition. Office of Central Inspection (OCI) staff reviewed the changes with City of Wichita licensed Elevator Contractors and the Board of Electrical Appeals and recommend to City Council that this latest edition of the Elevator Code be adopted (by reference). The proposed changes are as follows: Section 19.12.010: Amend this section to reflect adoption of the 1993 edition of the Safety Code for Elevators and Escalators (ANSI/ASME A17.1-1993). There are no changes in permit, license and examination fees and remain the same as present. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the Ordinance be placed on first reading. Motion carried -- carried 5 to 0. (Cather, Ferris; absent) ORDINANCE An Ordinance amending Section 19.12.010 of the Code of the City of Wichita, Kansas, and repealing the original thereof; all pertaining to the electrical code of the City of Wichita, Kansas, introduced and under the rules laid over. CITY COUNCIL AGENDA CDC REPORT REPORT ON COMMUNITY DEVELOPMENT COALITION (CDC). (Requested by Council Member Rogers) Council Member Ferris present. Council Member Rogers Council Member Rogers said there have been a lot of concerns expressed regarding the degree of success of the CDC in utilizing funds allocated by the City. As with all projects, one of the procedures for an accurate evaluation is an audit. Council Member Rogers said he would like to defer the Item to give him the opportunity to meet with the City Manager, the Internal Auditor, and the representatives of the CDC and review the Internal Auditor's report. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Keith Morton Keith Morton, Executive Director of CDC, said he understood the need for additional time but he noted that the CDC is having a lot of problems with vandalism. The gangs have now put signs and declarations on the Phyllis Wheatley building. The original request was for $12,200 to finish the renovation of the north building. As each moment passes, the costs are going up because of the graffiti and vandalism. Mr. Morton said he would like the City to give a decision on the $12,200 as soon as possible. Motion -- Rogers moved that this Item be deferred to June 4th to allow time for discussions -- carried with the City Manager, Internal Auditor, and the CDC. Motion carried 6 to 0. (Cather absent) APPOINTMENTS APPOINTMENT TO WICHITA PUBLIC BUILDING COMMISSION. One appointment (Kamen) for a term to expire June 30, 1997. Motion -- carried Kamen moved that this Item be deferred three weeks. Motion carried 6 to 0. (Cather absent) APPOINTMENT TO CONVENTION AND TOURISM COMMITTEE. One appointment (Rogers), for a term to expire June 30, 1997. Motion -- carried Rogers moved that this Item be deferred three weeks. Motion carried 6 to 0. (Cather absent) APPOINTMENT TO BOARD OF ZONING APPEALS. One appointment (Knight), for a term expiring June 30, 1997. Motion -- Knight reappointed Doug Malone and moved that the reappointment be approved. -- carried Motion carried 6 to 0. (Cather absent) APPOINTMENT TO COMMISSION ON THE STATUS OF PEOPLE WITH DISABILITIES. One appointment (Kamen), for a term expiring June 30, 1997. Motion -- carried Kamen moved that this Item be deferred three weeks. Motion carried 6 to 0. (Cather absent) (Later in the meeting the Council returned to this Item and action is shown here with the Item.) Motion -- Kamen moved that the Item on the appointment for the Status of People with -- carried disabilities be reconsidered. Motion carried 6 to 0. (Cather absent) Motion -- Kamen appointed Theresa L. Lawrie and moved that the appointment be approved. -- carried Motion carried 6 to 0. (Cather absent) NOTICE OF VACANCY - LIBRARY BOARD. One vacancy (Gale), due to the resignation of Peggy Bennett, for a term expiring June 30, 1997. Motion -- Gale appointed Jill Docking and moved that the appointment be approved. Motion -- carried carried 6 to 0. (Cather absent) NOTICE OF VACANCY - METROPOLITAN AREA PLANNING COMMISSION. One vacancy (Rogers), due to the nonattendance of Gary Jones, for a term expiring June 30, 1997. Motion -- Knight moved that the rules be set aside and an Item be considered off the -- carried Agenda. Motion carried 6 to 0. (Cather absent) Motion -- Rogers reappointed Gary Jones and moved that the reappointment be approved. -- carried Motion carried 6 to 0. (Cather absent) APPOINTMENT TO CPO SOUTHWEST COUNCIL - DISTRICT 4. CPO Council Members have selected Linda Richards, 3122 S. St. Paul, to fill a vacancy on the council, Subdistrict 4.2. Motion -- Gale appointed Linda Richards and moved that the appointment be approved. Motion -- carried carried 6 to 0. (Cather absent) PROCLAMATIONS PROCLAMATIONS. -- Public Works Week -- World Trade Week -- Wichita River Festival '96 -- REACT Month -- Law Enforcement Memorial Week Motion -- carried Knight moved that the proclamations be authorized. Motion carried 6 to 0. (Cather absent) (The Council proceeded to take up Item No. 5; action is shown in Agenda order.) CONSENT AGENDA Knight moved that the Consent Agenda be approved in accordance with the recommended action shown thereon. Motion carried 6 to 0. (Cather absent) BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED MAY 7, 1996. At 10:00 a.m., Friday, May 3, 1996, pursuant to advertisements published, bids were received, publicly opened, read aloud and tabulated for the Board of Bids and Contracts: (Ref: Bid analysis report attached to Board of Bids Minutes 5/7/96) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Water Supply Line to serve Balthrop Addition (north of Central, east of Greenwich). (448-89015/733121/470390) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 03-19-96) (District n/a) and Water Distribution System to serve Balthrop Addition (north of Central, east of Greenwich). (448-89016/733139/470391) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 03-19-96) (District n/a) Dondlinger Construction Company, Inc. - $142,361.00 (Aggregate Total) Water Distribution System to serve Balthrop Addition (north of Central, east of Greenwich). (448- 89017/733147/470392) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 03-19-96) (District n/a) Mies Construction Co., Inc. - $102,348.00 Water Supply Line to serve Hickory Creek Estates Addition (south of 13th, west of 119th Street West). (448- 88980/733071/470385) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 04-30-96) (District V) Wildcat Construction Company - $116,530.00 (Negotiated Engineer's Estimate) Lift Station and Force Main in connection with Laterals 1 and 2, Main 18, Southwest Interceptor Sewer to serve Hickory Creek Estates Addition (south of 13th, west of 119th Street West). (468-82561/742593/480351) Does not affect existing traffic. (Council approval date 04-30-96) (District V) Nowak Construction - $114,262.00 Main 18, Southwest Interceptor Sewer and Pump Station (#18) to serve an unplatted tract and Buckhead and Hickory Creek Estates Addition (south of 13th, west of 119th Street West). (468-82560/742585/480350) Does not affect existing traffic. (Council approval date 04-30-96) (District V) Utility Contractors - $135,273.00 36" Water Main and appurtenances along McLean from Walnut to Maple. (448-88912/633487/544224) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 07-18-95) (District VI) Utility Contractors - $796,796.00 (Alternate #1) Knight moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign for the City. Motion carried 6 to 0. (Cather absent) HUMAN SERVICES WICHITA HOUSING AUTHORITY DIVISION: JANITORIAL SERVICES (127027/127217) AS PER SPECIFICATIONS Group 1 - W.D. Enterprises, Inc. $515.00 (Item 1 per month) $839.00 (Item 2 per month) $ 49.00 (Item 3 per month) $ 49.00 (Item 4 per month) Group 2 - Kleenco $250.00 (Item 1 per month) $150.00 (Item 2 per month) PUBLIC WORKS FLEET/BUILDINGS: FURNISH AND INSTALL FIRE ALARM PROTECTION SYSTEM (617530-2505) AS PER SPECIFICATIONS Linder & Associates, Inc. - $26,620.00 Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid. Motion carried 6 to 0. (Cather absent) LICENSE APPLICATIONS APPLICATIONS FOR LICENSES. Adult Entertainment Lewis F. Self Adult Entertainment Center2809 N. Broadway Lewis F. Self Adult Entertainment Center3721 S Broadway Lewis F. Self Adult Entertainment Center7805 W. Kellogg Retail Cereal Malt Beverages. Renewal 1996 (Consumption on Premises) Joan Tinney Royal Lounge* 523 S. Main New Operator 1996 (Consumption on Premises) Ly Ngoc Thi Nguyen Senior Center* 1518 W. 21st (Consumption off Premises) Mark A. Boswell Marken Mini Mart #52796 S. Seneca New Establishment 1996 (Consumption off Premises) Lisa Abbott Klepper Industries3520 N. Woodlawn Special Event 1996 Nancy Parish Wichita River Festival2nd & McLean/ (May 10 - 11)West Bank Stage Nancy Parish Wichita River Festival2nd & McLean/ (May 13 - 15)West Bank Stage John E. Thien Wichita River Festival2nd & McLean/ (May 16 - 18)West Bank Stage Jay E. Wells Wells ConcessionA. Price Woodard Park (Wichita River Festival) Hanh Van Bui Wichita Soccer Sponsor1518 W. 21st (May 25 - 26) *General Retailer--beer sales derive less than 50% of gross revenues. Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 6 to 0. (Cather absent) PLANS AND SPECS. PLANS AND SPECIFICATIONS. a. 1996 Contract Maintenance Repair of Intersections of Waco at 12th, 11th, 10th, and the west 1/2 of 9th Streets. (132423) (706317 WCR 621326 MH Adj) (112000) Traffic to be maintained during construction. (Council approval date 01-23-96) (District all) b. Bikeway System along the Big River, Central from Waco to the Big River and along I-135. (472- 82535/785394/440070) Traffic to be maintained through construction. (Council approval date 11-01-94) (District I, II, III, V) c. Sidewalk and Wheelchair Ramp construction or replacement at Swanson Park and vicinity (Phase II). (472- 82352/785352/440066) Traffic to be maintained through construction. (Council approval date 11-01-94) (District I, II, III, V) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., May 17, 1996. Motion carried 6 to 0. (Cather absent) SUBDIVISION PLANS AND SPECIFICATIONS. a. Lakeway Circle from the north line of 21st Street North to and including the cul-de-sac Horsehoe Lake & Cox Machine Addition (north of 21st, east of Ridge). (472- 82712/763607/490463) Does not affect existing traffic. (Council approval date 04-23-96) (District 5) b. Water Distribution System to serve Horsehoe Lake & Cox Machine Addition (north of 21st, east of Ridge). (448-89032/733162/470394) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 04-23-96) (District 5) c. Lateral 67, Main 22, War Industries Sewer to serve Mediterranean Plaza Addition (north of 29th, east of Rock). (468-82517/742619/480353) Does not affect existing traffic. (Council approval date 09-19-95) (District 2) d. Lateral 4, Main 16, Southwest Interceptor Sewer to serve Horseshoe Lake Addition (north of 21st, east of Ridge). (468-82596/742692/480361) Does not affect existing traffic. (Council approval date 04-23-96) (District 5) e. Lateral 5, Main 16, Southwest Interceptor Sewer to serve Horseshoe Lake & Cox Machine Addition (north of 21st, east of Ridge). (468-82597/742700/480362) Does not affect existing traffic. (Council approval date 04-23-96) (District 5) f. Water Distribution System to serve Mediterranean Plaza Addition (north of 29th, east of Rock). (448-88950/733097/470387) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 09-19-95) (District 2) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., May 17, 1996. Motion carried 6 to 0. (Cather absent) PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. 1996 Contract Maintenance Chip Seal of asphalt streets at various locations. (131607/112000) - $116,800.00. Traffic to be maintained through construction. (Council approval date 01-23-96) (District all) b. Gravity Sewer to Replace Lift Station #17 (east of Broadway, south of Pawnee). (468- 82526/630681/621177/533340/533220) - $67,500.00. Does not affect existing traffic. (Council approval date 07-18-95) (District III) c. 1996 Contract Maintenance Bridge Deck Resurfacing at 2nd Street over the Canal, Eastbound Central over the Canal, 21st Street over the Big Arkansas River and westbound Harry Street over I-135. (132449) - $331,500.00. Traffic to be maintained through construction. (Council approval date 01-23- 96) (District all) d. McLean Boulevard Improvements from Meridian through Seneca. (472-82448/448- 88941/705897/633107/405143/544375) - $4,690,000.00. Two-way through traffic will be provided between Meridian and Seneca during construction. The East approach to the Seneca/McLean intersection will be closed to through traffic. (Council approval date 03-19-96) (District IV, VI) e. Water Distribution System to serve Oak Ridge Addition (north of 29th Street North, west of Ridge). (448- 88976/733063/470384) - $79,000.00. Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 04-30-96) (District V) f. Water Line along Meridian from Maple Street to Caroline, Martha from Meridian to St. Clair, and Third Street from Meridian to St. Clair. (448-88997/634428/544442) - $540,000.00. Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 07-18-95) (District IV) g. St. Clair from Dora to Orient in South University Place Addition (south of Harry, east of Meridian). (472-82615/763268/490429) - $80,000.00. Traffic to be maintained through construction. (Council approval date 08-01- 95) (District V) h. Baehr Street from the north line of First Street to the south line of Second Street in Orchard Park Addition (south of Central, west of West Street). (472- 82616/763276/490430) - $93,421.41. Traffic to be maintained through construction. (Council approval date 08-01-95) (District IV) Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 6 to 0. (Cather absent) STATEMENTS OF COST STATEMENTS OF COST. a. (Final) Improving MacArthur and Broadway Intersection - Local Total Cost - $178,278. (Less Bonds Previously issued - $155,140) Financing to be Issued at this time - $23,138. (472-81940/705228/405-076) b. (Fourth Partial) Improving George Washington Boulevard, Pawnee to Oliver - $280,000. (Less Financing Previously Issued - $275,000) Financing to be issued at this time - $5,000. (705491/472-82254/405-103) c. (Third Partial) Improving 47th Street South between Seneca and Broadway, DESIGN ONLY - $80,000. (Less Financing Previously Issued - $75,000) Financing to be issued at this time - $5,000. (705673/472-82346/405-121) d. (First Partial) Bikepath and Landscaping along Gypsum Creek from Cessna Park to Douglas - $55,000. Financing to be issued at this time - $55,000. (706135/472- 82573/405-167) e. (First Partial) McLean Boulevard from Walnut to Taft - $200,000. Financing to be issued at this time - $200,000. (706143/472-82579/405-168) f. (First Partial) Hillside, from 27th Street North to 37th Street North - $18,000. Financing to be issued at this time - $18,000. (706150/472-82582/405-169) g. (First Partial) McLean Boulevard from Taft to Seneca Street - $90,000. Financing to be issued at this time - $90,000. (706168/472-82586/405-170) h. (First Partial) I-235 Corridor Landscaping at 13th Street North to K-96 Interchange; K-96 and I-235 Interchange and K-96/I-235 Interchange to the Broadway Interchange - $12,000. Financing to be issued at this time - $12,000. (706176/472-82592/405-171) i. (First Partial) Central from Zoo to McLean (DESIGN) - $30,000. Financing to be issued at this time - $30,000. (706192/472-82583/405-173) j. (First Partial) 31st Street South, from Southeast Boulevard to the Kansas Turnpike - $525,000. Financing to be issued at this time - $525,000. (706226/472- 82614/405-176) k. (Second Partial) Intersection of Sycamore and Maple Streets - $1,265,000. (Less Financing Previously Issued - $360,333) Financing to be issued at this time - $904,667. (706242/472-82627/405-178) l. (First Partial) Seneca, from 31st Street South to Kellogg - $480,000. Financing to be issued at this time - $480,000. (706259/472-82656/405-179) m. (First Partial) Harry and Edgemoor; Harry and West; Lincoln and Woodlawn; 47th and Emporia; 2nd/3rd and Broadway; 13th and Waco; 13th and Broadway, and Lincoln and Edgemoor (1996 Intersection Reconstruction Program) - $500,000. Financing to be issued at this time - $500,000. (706291/472- 82668/405-183) n. (First Partial) 29th Street North from Amidon to Arkansas - $80,000. Financing to be issued at this time - $80,000. (706309/472-82647/405-184) o. (First Partial) 1996 Arterial Sidewalk Program - $440,000. Financing to be issued at this time - $440,000. (706317/472-82685/405-185) p. (Third Partial) Railroad track improvements (1994 Railroad Crossing Program, Phase II) - $95,000. (Less Financing Previously Issued - $85,000) Financing to be issued at this time - $10,000. (710152/472-82528/410-066) q. (First Partial) Central Business District Traffic Signals - $150,000. Financing to be issued at this time - $150,000. (710160/472-82637/410-067) r. (First Partial) Eastern Bridge over Gypsum Creek (DESIGN) - $15,000. Financing to be issued at this time - $15,000. (715342/472-82577/415-048) s. (First Partial) 25th Street Bridge over Chisholm Creek (DESIGN) - $15,000. Financing to be issued at this time - $15,000. (715359/472-82578/415-049) t. (First Partial) Mount Vernon Bridge over Gypsum Creek (DESIGN) - $15,000. Financing to be issued at this time - $15,000. (715367/472-82576/415-050) u. (First Partial) Pedestrian Bridge over the Arkansas River between Seneca and 13th Street - $35,000. Financing to be issued at this time - $35,000. (715375/472- 82642/415-051) v. (First Partial) Maple/Lewis Bridge over the Arkansas River (DESIGN) - $60,000. Financing to be issued at this time - $60,000. (715383/472-82658/415-052) w. (First Partial) Douglas Avenue Bridge over the Arkansas River (DESIGN) - $60,000. Financing to be issued at this time - $60,000. (716391/472-82657/415-053) x. (Final) Area K Drainage - $90,000. (Less Financing previously issued - $90,000) Financing to be Issued at this time - $0. (724047/420-505) y. (Final) Storm Water Sewer #367 - $1,906,503. (Less Financing Previously issued - $1,800,000) Financing to be Issued at this time - $106,503. (724104/420- 510) z. (Third Partial) Museum District, DESIGN ONLY - $290,000. (Less Financing Previously Issued - $280,000) Financing to be issued at this time - $10,000. (790311/472- 82176/435-062) aa. (Third Partial) Downtown Parking Lot Improvements (various locations) - $200,000. (Less Financing Previously Issued - $180,000) Financing to be issued at this time - $20,000. (790840/435-115) bb. (Second Partial) Arkansas Riverbank Improvements - $100,000. (Less Financing Previously Issued - $70,000) Financing to be issued at this time - $30,000. (790949/472-82385/435-125) cc. (Final) Improvements to McAdams Park - $68,500. (Less Bonds Previously issued - $65,000) Bonds to be Issued at this time - $2,500. (785162/440-047) dd. (Final) Pawnee Prairie Park Improvements - $39,270. (440-052/785212) ee. (First Partial) Ralph Wulz Riverside Tennis Complex - $75,000. Financing to be issued at this time - $75,000. (785469/472-82585/440-077) ff. (First Partial) Ralph Wulz Riverside Tennis Complex - $90,000. Financing to be issued at this time - $90,000. (785493/472-82669/440-080) gg. (First Partial) Wichita Environmental Education Center Parking Lot at Chisholm Creek Park - $200,000. Financing to be issued at this time - $200,000. (785501/472- 82670/440-081) hh. (First Partial) Improvements to MacDonald Park - $1,935,000. Financing to be issued at this time - $1,935,000. (696039/516-004) Motion -- Knight moved that the Statements of Cost be approved and filed. Motion -- carried carried 6 to 0. (Cather absent) BOARDS MINUTES MINUTES OF ADVISORY BOARDS. Board of Code Standards and Appeals, 4/1/96 Wichita Airport Authority, 4/15/96 Wichita Metropolitan Transit/Workshop, 3/28/96 Wichita Traffic Commission, 4/17/96 Wichita/Sedgwick County Alcohol & Drug Abuse Advisory Board, 4/1/96 Wichita/Sedgwick County Board of Health, 4/11/96, Subcommittee 4/11/96 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 6 to 0. (Cather absent) EASEMENTS/DEDICATIONS EASEMENTS AND DEDICATIONS. a. Drainage Easements dated March 29, 1996, from Evertt Long for tracts in Graf-Goldston Addition (Storm Water Sewer #278, Index #750786) (no cost to City). b. Easement dated April 1, 1996, from Bradley K. Smisor for a tract in Kinkaid Park 5th (Sanitary Sewer, Index #630681) (no cost to City). c. Water Easement dated March 20, 1996, from Clement & Mary Lubbers (Private Project, Index #607861) (no cost to City). Has been filed and recorded. d. Dedication to be dated when signed by Mayor for a tract in the Northeast Quarter, Section 3, Township 27 South, Range 1 East (Paving 27th Street North from Volutsia to Hillside, Index #617852) (no cost to City). Motion -- Knight moved that the documents be received and filed and the City Clerk -- carried record with the Register of Deeds. Motion carried 6 to 0. (Cather absent) STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. Agenda Report No. 96-394. In accordance with Special Event Procedures, event sponsors are to notify adjacent property owners and coordinate arrangements with Staff, subject to final approval by City Council. The following Special Event requests have been submitted: 1) 7th Annual Old Town Bar-B-Que Date of event: Saturday, May 4, 1996 Location: Old Town Street Closures: Mosley, Rock Island and Mead between First and Second Streets (Friday and Saturday); Parking Lot Between Mead and Rock Island and First and Second Streets (approved by Warehouse Committee) 2) 1996 Tour de Cure, American Diabetes Association Date of event: Sunday, June 2, 1996 (8 a.m. - 12 Noon) Location: East Wichita Street Closures: Douglas, Webb Road to Linden; and Linden, Douglas to Central 3) River Festival 1996 Date of event: May 10-19, 1996 Location: River area Street Closures: various. Inasmuch as possible, event sponsors are responsible for all costs associated with special events. Motion -- Knight moved that the request be approved subject to: (1) Event Sponsor notifying every property and/or business adjoining any portion of the closed street; (2) coordination of event arrangements with City Staff; (3) hiring off-duty public safety officers as required by the Police Department; (4) obtaining barricades to close the streets in accordance with requirements of Police, Fire and Public Works Departments; (5) submitting a certificate of insurance evidencing general liability insurance which covers the event and its related activities, including the naming of the City as an additional insured with respect to the event's use of the closed City streets. Motion carried -- carried 6 to 0. (Cather absent) LEO AGREEMENT 1996-98 LOCAL ELECTED OFFICIALS AGREEMENT. Agenda Report No. 96-386. The Job Training Partnership Act (JTPA) provides funds to states to establish programs which prepare youth and adults for entry into the labor force. Under JTPA each state is divided into Service Delivery Areas (SDAs). The City of Wichita is in SDA IV which is comprised of the counties of Butler, Cowley, Sumner, Harper, Kingman and Sedgwick. Within each SDA a governing structure is established between Local Elected Officials (LEOs), who are represented by a LEO Board in SDA IV, and private and public sector representatives who are appointed to a Private Industry Council. This governing structure is responsible for policy, program development, and oversight of JTPA programs generated within the SDA. The Local Elected Officials Agreement of SDA IV codifies the framework and responsibilities of the LEO Board for this area. The LEO Agreement is required by JTPA and the Kansas Department of Human Resources' (KDHR) Kansas Employment and Training Policy and Procedures Handbook. KDHR administers and distributes JTPA funds at the state level. The 1996-98 LEO Agreement, which takes effect on July 1, 1996 and runs through June 30, 1998, contains no substantive changes from the Agreement which was executed by each of the SDA IV Counties, and the City of Wichita in June of 1994. The Agreement provides for LEO Board membership to be comprised as follows: the Mayor of Wichita, two members from the Wichita City Council, the Sedgwick County Commission Chair, and one County Commission Chair who represents the interests of the remaining SDA IV counties of Butler, Cowley, Harper, Kingman, and Sumner. The agreement sets up a LEO structure for local governance of federal JTPA funds and obligates no general fund moneys. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Cather absent) MEADOW OAKS DESIGN AGREEMENT FOR DESIGN SERVICES FOR MEADOW OAKS 2ND AND 3RD ADDITIONS. Agenda Report No. 96-387. The City Council approved the Meadow Oaks 2nd and 3rd Additions development on February 13, 1996. The proposed Agreements between the City and Poe & Associates of Kansas, Inc. provide for the design of Lateral 68, Main 5, Sanitary Sewer No. 23; Lateral 69, Main 5, Sanitary Sewer No. 23; Water Distribution System No. 448-89010; Water Distribution System No. 448-89011; and paving Shadowridge, Shadowridge Ct., Pepperwood Circle and sidewalk (south of 29th Street North, west of Woodlawn). Because Poe & Associates of Kansas, Inc. provided subdivision engineering services for these additions, it can expedite construction plan preparation. Payment will be on a lump-sum basis not to exceed $35,450 and will be paid by Special Assessments. Motion -- Knight moved that the Agreements be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Cather absent) I-235 LANDSCAPING AGMT. SUPPLEMENTAL AGREEMENT FOR I-235 LANDSCAPING. (District V, VI) Agenda Report No. 96-388. On June 6, 1995, the City Council approved an Agreement with Wilson Darnell Mann (WDM) to design landscaping along I-235 from 13th Street North to Arkansas. After WDM received approval on their design from City staff and the City Manager's Aesthetic Review Team (CART), the Kansas Department of Transportation (KDOT) required that WDM remove and redesign plantings at intersections, design shrub/tree beds at 31 new locations, and adjust the plan schedule to reflect downsizing of trees and new shrub plantings. This resulted in 42 additional hours that was not included in the original scope. Payment to WDM will be made on a lump sum basis not to exceed $1,680 from funds available in the project budget. Motion -- Knight moved that the Supp. Agreement be approved and the Mayor be authorized -- carried to execute. Motion carried 6 to 0. (Cather absent) KANSAS AVIATION MUSEUM KANSAS AVIATION MUSEUM RENOVATION AGREEMENT. (District III) Agenda Report No. 96-389. The Kansas Department of Transportation (KDOT) has agreed to help fund renovation of the former Wichita Municipal Air Terminal. KDOT will pay 80% of the renovation cost. The balance will be paid by "The Kansas Aviation Museum, Inc.", operator of the facility. The City Engineer's Office will administer the project. Schaefer, Johnson, Cox, Frey & Associates will provide architectural services. The City's Water and Sewer Department will install new water and sewer lines. The work consists of exterior wall repairs, roof repairs, restoration of windows and doors, control tower rehabilitation, and repair of the flight observation decks. Project budget is $782,000, with $626,000 to be paid by KDOT, $156,000 by the Museum Foundation, $9,000 by the Sewer Utility and $2,000 by the Water Utility. Motion -- Knight moved that the Agreements be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Cather absent) BOE/H-30 LAND EXCHANGE APPROVE LAND EXCHANGE AND ACCESS EASEMENT AGREEMENTS WITH BOARD OF EDUCATION AND AND EASEMENT AGREEMENTS H-30, INC. Agenda Report No. 96-390. On November 30, 1993, the City Council approved the Agreement to Exchange Land with the Wichita Board of Education (BOE) in order for them to consolidate its administrative offices in the City-owned Colorado/Derby building. The exchange would involve the City transferring the Colorado Derby Building to the BOE in exchange for its north administrative building property at 245 N. Water and its facility at 428 S. Broadway to the City. In February of 1995, the BOE requested the City assist in the vacation of the north/south alley between 1st and 2nd Streets and between Water and Wichita Streets to provide them additional parking and the ability to control public access to their parking lot. To accomplish the vacation BOE agreed to provide the City additional land to enable the City to provide 12 additional parking spaces for the 245 N. Water Street building. H-30, Inc. the remaining property owner at the north end of the block, also agreed to the vacation of the alley with the understanding that they would also receive access across the City parking lot to Wichita and Water Streets. On March 2, 1995, the Subdivision Committee of the Planning Commission approved the vacation and on March 9, 1995, the Planning Commission approved the vacation with conditions. Under the conditions the three property owners are to provide Access Easements and Maintenance Agreements for access over H-30 and the City's property. On October 10, 1995, the Council approved vacation of the 20' north/south alley between 1st and 2nd Streets. BOE & H-30 have reviewed and approved the Access Easements and Maintenance Agreements and BOE has approved the swap of additional land to the City and the Access Agreements. BOE has developed a parking plan that limits access to specified areas of their parking lot to employees only. One of the openings would be at the old alley exit across the City owned tract and the tract of land they are swapping for a small tract at the proposed BOE access point. The City in exchange for the access across this property will receive 5,455 sq. ft. of land plus 1,060 sq. ft. of land due to the vacation of the alley. The land will provide 17 additional parking spaces for a total 36 parking spaces. The tract originally had 19 parking spaces. The City will, in exchange, deed to the BOE 102.5 sq. ft. of land. The City will also approve an Access Easement and Maintenance Agreement that will allow BOE, H-30 and all future owner's access over the City's property and over H-30's. In addition the City, BOE and H-30 had all the lots slurry sealed, to extend the life of the asphalt lots and to eliminate the existing stripping the parking lots, donation of time and materials by Cornejo & Sons, and the BOE maintenance crews stripped all the parking lots. There will be some costs for closing, fees, title insurance, etc. for the exchange of property between the City and BOE that will be taken from funds received from the future sale of 245 N. Water. Motion -- Knight moved that the Access Easement & Maintenance Agreement between the City, BOE, and H-30 and the exchange of property between the City and BOE be approved; and the Mayor be authorized to sign the necessary documents for the exchange of -- carried property. Motion carried 6 to 0. (Cather absent) HUD CONSOLIDATED PLAN HUD CONSOLIDATED PLAN - 1996/97 ONE YEAR ACTION PLAN. Agenda Report No. 96-286 A. On April 2, the City Council provided preliminary approval of the One Year Action Plan subject to receipt of public comment. A 30 day public comment period commencing April 4th and ending May 3 was provided prior to final adoption of the One Year Action Plan. Any comments received in writing, or at the regularly scheduled City Council meeting, prior to final adoption will be considered in preparing the document for submittal to HUD. A summary of any comments are included with the submittal. The One Year Action plan totals $7,578,450, including grant funds of $5,802,000, ESG and HOME matching funds, CDBG program income, and prior year CDBG allocations which have been carried forward into the 1996/1997 program year. The City has met the 30 day public comment period requirement. Regulations require the One Year Action Plan to be submitted as a substantial amendment to the HUD Consolidated Plan prior to May 15, 1996. Adopt the HUD Consolidated Plan 1996/1997 One Year Action Plan and authorize the City Manager to submit the plan. Authorize the City Manager to execute the grant agreements to implement the three programs included in the One Year Action Plan. Authorize staff to execute Memoranda of Understanding with City Departments for activities, and negotiate contracts with Delegate Agencies for the Mayor's signature. Motion -- Knight moved that the Plan be adopted, the City Manager be authorized to execute the grant agreement to implement the three programs and execute Memoranda of understanding with departments for activities; and contracts be negotiated for -- carried the Mayor's signature. Motion carried 6 to 0. (Cather absent) BUDGET TRANSFER AUTHORIZATION TO TRANSFER FUNDS WITHIN SEWER UTILITY. Agenda Report No. 96-391. A bridge crane used to maintain the primary main sewage pumps at Sewage Treatment Plant 2 has failed a load test which effectively renders it unsafe for use. The crane is essential in maintaining the continuity of the treatment processes at the treatment works. While the crane is used an average of 12 times annually, it must be available immediately when needed. The crane is currently unsafe to use, and failure to use it if needed could result in violation of KDHE regulations. Use of the crane in its existing condition could result in damage to expensive process equipment and injury or loss of employees' lives. Staff has obtained estimates for the necessary repairs to the crane that total $17,845. Although portable equipment is available for lease and/or rent, it is not always available when needed. The funds would be transferred from the Sewer Contingency funds, which were designated for emergency situations such as this. Motion -- Knight moved that a budget transfer of $17,845 from the Sewer Contingency Fund to the Sewage Treatment Division for the purpose of repairing the bridge crane at -- carried Sewage Treatment Plant #2 be approved. Motion carried 6 to 0. (Cather absent) CHENEY RESERVOIR CHENEY RESERVOIR WATERSHED WATER QUALITY SAMPLING PROGRAM. Agenda Report No. 96-392. Cheney Reservoir is one of Wichita's major sources of water. It currently provides approximately 50% of Wichita's annual water supply, but during peak summer usage periods it provides nearly 60% of the water supply. In the future Cheney will play an even bigger role in meeting Wichita's water supply need. In August of 1994 the Council authorized staff to assist in submitting a grant request to the U.S. Environmental Protection Agency (USEPA) for a watershed improvement project. As part of that action the Council approved the concept of the City cost sharing improvements in the watershed that would help reduce pollution entering Cheney Reservoir. In the past, the Kansas Department of Health and Environment (KDHE) has done some occasional water quality sampling and analysis on waters in the North Fork Ninnescah River. City staff have also taken and analyzed water samples from Cheney Reservoir. Nonetheless there does not exist comprehensive baseline data on water quality in the watershed. The USGS and the Bureau of Reclamation (BOR) have approached the City about participating in a five year program to perform water quality analysis at various sites throughout the watershed. The sampling and analysis plan that has been proposed would include both a synoptic sampling (where samples are collected from over thirty different sites in the watershed at one time), and scheduled sampling at five or six key sites in the watershed. The objectives of the project are to develop comprehensive baseline water quality data base for nutrients, total suspended sediment, and herbicides throughout the watershed, to determine the chemical loading into and out of Cheney Reservoir, and to identify the chemical loadings within the watershed, and thus evaluate the effectiveness of the various improvements that are completed in the watershed. When this project was originally proposed to City staff, it was projected that the BOR would offer a grant agreement to the City for the project, and would fund 50% of the cost of the project beginning in fiscal year 1997. The USGS then offered to participate in the water sampling and analysis. When the USGS started to prepare a sampling program it became obvious that it would be very important to get water quality data in the spring time, when runoff from the agricultural fields in the watershed are most likely to contain the highest levels of contaminates. Therefore it is proposed that a synoptic sampling be done this spring, even though the formal portion of the project will not begin until fiscal year 1997. The USGS has proposed to provide half of the funding for the program. The BOR has notified the City that if the City does any work on this project in 1996, those costs would be reimburseable if funding is provided in 1997. Under the proposals that are being prepared, the BOR would fund 50% of the cost of the project, with the City being responsible for the other 50%. The City would then enter into an agreement with the USGS to do most of the sampling and analysis (with some work also being done by the Water and Sewer Laboratory), and the USGS would agree to fund 50% of that obligation, which would leave City with no direct costs except for laboratory work done by the Water and Sewer Laboratory. The total cost of the project over a five year period would be $1,820,000. The total cost of the project will be $1,820,000. The Joint Funding Agreement with the USGS will provide 50% ($910,000) of the cost of the project, and a future funding agreement with the BOR, if approved, may provide the other 50% of the project. However, if a synoptic sampling is done in the watershed this spring, before the BOR agreement is available, the City will have to fund 50% of that effort at that time, and then depend of BOR reimbursement later. The estimated cost of that synoptic sampling program is $60,000, of which, the City would provide $30,000. If the BOR grant is not offered, the City would still be responsible for work done in 1996, but the City could decide to withdraw from the project with the USGS in 1997. Funding for the City's share of the expenses in 1996 may be obtained from W-175 (Future Water Rights Purchases) which has a budget of $560,000 in 1996. Motion -- Knight moved that the Joint Funding Agreement with the USGS be approved and the Mayor be authorized to sign; and the amendment to the CIP (reduce W-175 by $30,000 and create a new project W- 502 Cheney Watershed Water Quality Monitoring with a budget in 1996 of $30,000) be approved and staff be authorized to proceed -- carried with the project. Motion carried 6 to 0. (Cather absent) ORDINANCES SECOND READING ORDINANCES. (First Reading April 30, 1996) a. Eminent Domain for the Murdock Improvement Project. ORDINANCE NO. 43-137 An Ordinance providing for the acquisition by eminent domain of certain private property, easements, and right-of-way therein, for the purpose of making street and drainage improvements to Murdock from Waco to Wabash and to be known as the Murdock Improvement Project in the City of Wichita, Sedgwick County, Kansas; designating the lands required for such purposes and directing the City Attorney to file a petition in the District Court of Sedgwick County, Kansas, for acquisition of the lands, easements, and access control, therein taken and providing for payment of the cost thereof, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. b. Amendment to Data Processing System Ordinances. ORDINANCE NO. 43-138 An Ordinance amending Sections 5.99.020 and 5.99.030 and repealing Sections 5.99.020 and 5.99.030 of the Code of the City of Wichita, Kansas, pertaining to the Data Processing System and repealing the originals of said Sections, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. c. Z-3201 ORDINANCE NO. 43-139 An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, introduced and under the rules laid over, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. Z-3201 First Reading Ordinance - Sidewalk repair (1st Barkley Construction 1995). Motion -- Knight moved that the following Ordinance be placed on first reading. Motion -- carried carried 6 to 0. (Cather absent) ORDINANCE An Ordinance making a special assessment to pay for the improvement of and providing a tax levy for the cost of construction of sidewalks in the city of Wichita, Kansas, introduced and under the rules laid over. PLANNING AGENDA S/D 95-87 S/D 95-87 - PLAT OF THE LINDER ADDITION LOCATED EAST OF WOODLAWN AND SOUTH OF 37TH STREET NORTH. (District II) Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-393. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. (10-1) Although this site is in a developed area of the City, petitions (100%) were provided for sanitary sewer improvements. A Certificate of Petitions has also been submitted. A zone change (Z-3157) from "AA" One Family District (now "SF-6" Single-Family District) to "OC" Office Commercial District (now "NR" Neighborhood Retail District) and "R-6" General Residence District (now "MF-29" Multi Family) zoning has been approved for this site subject to platting. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. The one negative MAPC vote was in response to this site being partially within a floodway/floodplain. Sewer 100 Percent Petition for construction of Lateral 53, Main 9, Sanitary Sewer No. 23 (east of Woodlawn, south of 37th) Project No. 468-82604 ($5,000 S.A.) (Hold for development) Sewer 100 Percent Petition for construction of Lateral 54, Main 9, Sanitary Sewer No. 23 (east of Woodlawn, south of 37th) Project No. 468-82605 ($4,000 S.A.) (Hold for development) Cert. of Petitions Certificate of Petitions for sanitary sewer improvements. Motion -- Kamen moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign; and the associated zone change Z-3154 Ordinance be placed on first reading with publication of the Ordinance being withheld until such time as the plat has been -- carried recorded with the Register of Deeds. Motion carried 6 to 0. (Cather absent) RESOLUTION NO. R-96-184 Resolution of findings of advisability and Resolution authorizing construction of Lateral 53, Main 9, Sanitary Sewer No. 23 (east of Woodlawn, south of 37th) Project No. 468-82604 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Kamen moved that the Resolution be adopted. Motion carried 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96-185 Resolution of findings of advisability and Resolution authorizing construction of Lateral 54, Main 9, Sanitary Sewer No. 23 (east of Woodlawn, south of 37th) Project No. 468-82605 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 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. ORDINANCE An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, introduced and under the rules laid over. Z-3154 OFF AGENDA ITEM ALLIS HOTEL Motion -- Knight moved that an Item concerning the Allis Hotel be taken up off the Agenda. -- carried Motion carried 6 to 0. (Cather absent) Mayor Knight Mayor Knight explained that he would not be in town for the scheduled June 4th Hearing on the Allis Hotel and asked that it be rescheduled to June 11, 1996. Motion -- Knight moved that the Allis Hotel Hearing be rescheduled for June 11, 1996. -- carried Motion carried 6 to 0. (Cather absent) OFF AGENDA ITEM SENATOR U.L. "RIP" GOOCH Motion -- Knight moved that the rules be set aside and an Item be taken up off the Agenda. -- carried Motion carried 6 to 0. (Cather absent) Mayor Knight Mayor Knight announced that Senator Gooch was present and asked whether the Senator would like to make any remarks. Senator Gooch Senator Gooch said there were many things taken up which relate to the City and the County and that he works for things which benefit the City and County. Senator Gooch said it is important that the City follow-up on the fact that $400,000 was set aside for the Wichita "Stadium," providing the community contributes $900,000. An effort needs to be made to get volunteer funds made available so there can be capitalization of the additional State funds. EXECUTIVE SESSION Motion -- Knight moved that the Council recess to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to potential litigation, legal advice, and contract negotiations; and preliminary discussions relating to the acquisition of real property for public purposes; and the regular meeting be resumed at 11:50 a.m. in -- carried the City Council Chambers. Motion carried 6 to 0. (Cather absent) RECESS Council recessed at 11:23 a.m. and reconvened in regular session at 12:02 p.m. Mayor Knight Mayor Knight announced that no action was necessary as a result of the executive session. ADJOURNMENT The City Council meeting adjourned at 12:02 p.m. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 161 MAY 7, 1996 Page