MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, June 17, 1997 Tuesday, 9:04 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Lambke, Cole, Gale, Kamen; present. *Council Members Ferris, Rogers; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Rev. Allison Longman, First Salem United Church of Christ. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. Minutes -- The minutes of the regular meeting of June 10, 1997, were -- approved approved 5 to 0. (Ferris, Rogers; absent) AWARDS AND PRESENTATIONS Announcement was made of Distinguished Service Citations to be awarded. UNFINISHED BUSINESS FIRE INSURANCE ORDINANCE PERTAINING TO RECOVERY OF PROPERTY LIENS FROM FIRE INSURANCE PROCEEDS. Chris Cherches City Manager reviewed the Item. On June 3, 1997, the City Council approved first reading of the Ordinance and referred the matter to CPO 5 for comments. The Item was placed on all CPO Councils' agendas and, with the exception of CPO 5 (three members opposed), the Councils were in favor of the ordinance. Gary Rebenstorf Director of Law explained that those in opposition are addressing an eminent domain inverse condemnation situation where property is taken without due process. The legal issue for this ordinance is police power in the essence of public safety, not an exercise of a taking power. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Mayor Knight Mayor Knight said the Ordinance seems reasonable. Council Member Kamen Council Member Kamen stated that if a $100,000 building burned down and was not rebuilt, and if the insurance company paid $100,000, up to $15,000 of the insurance proceeds would have to be given back to the City. If the building is not rebuilt, the fire service is actually being paid for. Because it is State Law, the City really has no choice. Motion -- Knight moved that comments be received and the Ordinance be adopted. Motion -- carried carried 4 to 1. Lambke - No. (Ferris, Rogers; absent) ORDINANCE NO. 43-498 An Ordinance amending sections 18.17.010, 18.17.020, 18.17.050, and 18.17.090, of the Code of the City of Wichita, Kansas, pertaining to scope, lien created, procedure, and disposition of funds all relating to the recovery of property liens from fire insurance proceeds, introduced and under the rules laid over. SPORTS COMMISSION MEMBERSHIP TO GREATER WICHITA AREA SPORTS COMMISSION. Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-928 A. On November 5, 1996, the City Council considered a request from a Task Force of representatives from various sports intersects that the City participate in a Sports Commission. The Council requested that a base of support be evident before the City participated. the Convention & Visitors Bureau has 19 companies who have joined the Greater Wichita Area Sports Commission. The Greater Wichita Area Sports Commission has been chartered as a 501 C (6) not-for-profit organization. A Board of Directions has been established. The C&VB will assist the Commission in its initial operation by providing office space and equipment support (at no charge) for the first two years. The sports Commission will work in partnership with the C&VB and others to facilitate events and hotel/motel room night usage for the Wichita area. Operating revenue for the Sports Commission is proposed to be secured through various funding programs including: (a) Membership Program; and (b) Event Sales and Promotions. The City is being asked to participate at the Charter Membership level, committing $5,0000 for five years to the Commission. The City Council has already approved its 1997 budget and this allocation was not a projected budget expense. The City Council could authorize funding from its Reserves or Contingency Account if it wishes to participate as a member. Likewise, it is possible for the Council to either utilize some of its Guest Tax funds, or include in its overall C&VB contract budget. Mayor Knight Mayor Knight, regarding a 5-year commitment, said the present City Council cannot bind future City Councils. The $5,000 would have to reauthorized every year. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the membership in the Sports Commission be approved and the -- carried necessary budget adjustment be authorized. Motion carried 5 to 0. (Ferris, Rogers; absent) NEW BUSINESS IRB-CASE SWAYNE PUBLIC HEARING AND ISSUANCE OF TAXABLE INDUSTRIAL REVENUE BONDS - CASE SWAYNE CO., INC. (District IV) Chris Cherches City Manager reviewed the Item and the cost/benefit analysis. Agenda Report No. 97-447 A. On June 3, 1997, the City Council approved the issuance of a Letter of Intent for Taxable Industrial Revenue Bonds in an amount not-to- exceed $700,000 to Case Swayne Co., Inc. The bond proceeds will be used to finance the purchase of new machinery and equipment from PFS, a division of PepsiCo, Inc., located at 5015 S. Water Circle in south Wichita. Case Swayne Co., Inc. was also granted an 100% property tax abatement for an eight year term on the project. PepsiCo, Inc. is in the process of separating its food service and restaurant division from the corporation, by spinning off the restaurants into a separate publicly-held company, and selling PFS, the division that provided centralized support services to the chains. As part of this overall objective, PepsiCo is selling its Wichita spice blending plant, the former J&G Products operation, to Case Swayne Co. The transaction will include the assignment of the IRB lease under the Series II-95 IRBs, for the real property, and the issuance of new IRBs to finance the purchase of equipment and machinery which was not financed by the earlier IRB issue. Case Swayne produces custom-developed specialty foods for the food service, retail, industrial and health and diet markets. Case Swayne is a major national spice blending firm, engaged in the manufacture of specialty pre-mixed dry and wet spices, as well as specialized packaging, partnering with nationally branded retail and food service marketers to serve their needs throughout the United States. Case Swayne is headquartered in Corona, California with facilities in Santa Ana, California and Bryan, Ohio. Proceeds from the bonds will be used to purchase certain machinery and equipment currently utilized in the current PFS spice blending processes facility located at 5015 South Water Circle in south Wichita, as follows: USES OF FUNDS * Purchase Machinery and Equipment $ 700,000 Total Cost of Project: $ 700,000 Case Swayne currently employs 400 people at its current locations. Case Swayne, in addition to retaining the current 80 employees of PFS, anticipates increasing employment by an estimated 100 additional employees over the next ten (10) years. The bonds will be privately placed with Case Swayne or a commercial lending institution and will not be publicly offered. The firm of Hinkle, Eberhart and Elkouri, L.L.C. will serve as bond counsel in the transaction. Case Swayne has a current approved EEO/AA Plan on file with the City's Human Resources Department. The cost/benefit analysis based on the fiscal and economic impact model of the Wichita State University's Center for Economic Development and Business Research reflects cost/benefit ratios of 2.66 for the City; 2.15 for Sedgwick County; 1.2 for USD 259 and 15.4 for the State. Case Swayne is requesting that the current tax abatement granted to PFS be continued for the remaining eight (8) years of the exempt period. The amount of first year taxes estimated to be abated on the PFS project was $111,393 of which $30,733 was the City portion, $51,575 was USD 259's portion and $29,085 was the County/State's portion. Case Swayne is also requesting a 100% tax abatement for eight (8) years on the equipment to be purchased with the bond proceeds. The amount of first year taxes estimated to be abated on the equipment is $16,900 of which$4,686 is the City's portion, $7,780 is USD 259's portion and $4,434 the County/State's portion. Case Swayne 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. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Gale moved that the public hearing be closed and the Bond Ordinance be placed -- carried on first reading and the Mayor be authorized to sign. Motion carried 5 to 0. (Ferris, Rogers; absent) ORDINANCE An Ordinance authorizing the city of Wichita, Kansas, to issue its taxable industrial revenue bonds in the aggregate principal amount of not to exceed $700,000 for the purpose of providing funds to purchase certain machinery and equipment to be located in a spice manufacturing and distribution facility located in the City of Wichita, Kansas; prescribing the form and authorizing execution of a trust indenture by and between the City and Intrust Bank, N.A., Wichita, Kansas, as Trustee with respect to the bonds; prescribing the form and authorizing the execution of a lease agreement by and between Case Swayne Co., Inc. and the city; prescribing the form and authorizing the execution of an easement and agreement by and between Case Swayne Co., Inc. and the City; authorizing the execution of a bond purchase agreement by and between the City and Case Swayne Co., Inc., as purchaser of the bonds, introduced and under the rules laid over. TAX EXEMPTION - SERCO PUBLIC HEARING AND TAX EXEMPTION REQUEST - SERCO FORMS, LLC. (District VI) Chris Cherches City Manager reviewed the Item. Agenda Report No. 97-510. Serco Forms, LLC (Serco), is a new limited liability company formed to purchase machinery and equipment of Service Business Forms, Ltd., which ceased operations on February 21, 1997. Serco will manufacture unique specialized business forms. Serco, located at 815 E. Second in old town, is requesting a tax exemption on the purchase of machinery and equipment costing $1,575,000. Serco is a new company which will manufacture specialized business forms. Serco will employ 25 employees immediately and expects to add another 57 new employees over the next 5 years. The expansion project will consist of the purchase of machinery and equipment at a total cost of $1,575,000. Under the City's Business Incentives Policy, Serco is eligible for the following: TAX EXEMPTION ELIGIBILITY ELIGIBLE % INCENTIVE EXPLANATION 92.0% New Job Creation: Serco is a new company that will hire 25 new employees immediately and an another 57 employees in the next 5 years. 21.0% Capital Imp: Serco will invest approximately $1,575,000 in the purchase of personal property. 113.0% Total Business Incentives 50.0% TOTAL ELIGIBLE FOR BUSINESS INCENTIVES (Maximum allowed is 50%) 48.5% Export Premium Serco exports 97% of its products outside the State of Kansas. 48.5% TOTAL ELIGIBLE FOR EXPORT PREMIUM (Maximum allowed is 50%) 20.0% Location Premium: Serco is located in an area eligible for this incentive. 100.0% TOTAL EXEMPTION ALLOWED UNDER BUSINESS INCENTIVE POLICY Serco is eligible for a 100.0% tax exemption for five years on personal property. A notice of public hearing has been published. Serco will maintain its City of Wichita approved EEO/AA Plan for the full term of the Tax Exemption. The estimated first year taxes on Serco's proposed $1,575,000 project under the 1996 mill levy on property within the Wichita City limits would be $38,024. Using the allowable tax exemption of 100.0%, the City would be exempting, for the first year, $38,024 of new taxes from the property tax rolls. Wichita State University Center for Economic Development and Business Research Cost-Benefit Analysis indicates a ratio of 2.17 for the City of Wichita; 2.31 for Sedgwick County; 1.05 for USD 259 and 18.68 for the State of Kansas of benefits to costs with a 100.0 percent exemption for Serco. Serco is a new company and did not pay any real and personal property taxes in 1995. The existing building will stay on the property tax rolls. The policy exemption equates to $464 of exempted taxes per each new job (82 new jobs). The tax exemption will be shared among the taxing entities as follows: City - $10,554; County/State - $9,975; and USD 259 - $17,505. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the public hearing be closed, a 100 percent tax exemption for five years on the purchase of personal property be approved, and the Ordinance be -- carried placed on first reading. Motion carried 7 to 0. ORDINANCE An Ordinance exempting property from ad valorem taxation for economic development purposes pursuant to Article 11, Section 13, of the Kansas Constitution; providing the terms and conditions for ad valorem tax exemption; and describing the property of Serco Forms, LLC, so exempted, introduced and under the rules laid over. (Item 5 and 6 were time-certain and was taken up later in the meeting. Action is shown in Agenda Order.) (Council Members Ferris, Rogers; present) TIF - PUBLIC HEARING PUBLIC HEARING ON THE ESTABLISHMENT OF REDEVELOPMENT DISTRICTS (TAX INCREMENT (Item No. 5) FINANCING). All Bell Financial Projects Director reviewed the Item. a. Eaton Block. Agenda Report No. 97-481 A. On June 3, 1997, the City Council adopted a resolution stating that the City is considering the establishment of a redevelopment district in downtown Wichita in order to conserve the option of providing incentives for the development of the deteriorating historic area. The resolution described its general boundaries and a comprehensive plan for redeveloping the district, and set June 17, 1997 at 10:30 a.m. as the time for a public hearing on the matter. Copies of the resolution were mailed by certified mail to all owners and occupants of property located within the proposed district, and the resolution was published in the City's official newspaper on June 6, 1997. A series of Council actions are necessary in order to establish the tax increment district in the Eaton Block area. The tax increment will be "captured" based on the date of the establishment of the district. After the district is established, individual redevelopment projects may be undertaken in the district over time upon the adoption by the City Council of redevelopment plans which include financial feasibility studies, so long as the projects are completed within 20 years of the date of establishment of the district. Once the tax increment financing district is established and a redevelopment plan has been adopted, the County Treasurer will transfer to the City all property tax revenue collected within the district which exceeds the amount that would have been collected if the property still had the assessed value that was in effect the year in which the district was established. In this way, any tax revenue that is attributable to growth in assessed value (assumed to be the result of redevelopment) is "captured" and used to pay for the public improvements within the district which had helped to foster the redevelopment in the first place. The tax increment redevelopment district is actually established by means of the adoption of an Ordinance by the City Council following a public hearing on the matter. By law, the Board of County Commissioners or the Board of Education have 30 days following the hearing to make a finding by resolution that the establishment of the district will have an adverse effect on the county or school district. If either the County Commission or Board of Education make such a finding, the City will be prohibited from acquiring or redeveloping privately owned property in the redevelopment district. In addition to the adoption of the Ordinance, the law requires that the Council approve the comprehensive plan that provides a general description of the redevelopment and associated public improvements. A resolution is included herewith which adopts the comprehensive plan and designating the area as a blighted area. The costs associated with the establishment of the redevelopment district will be charged to the Eaton Block Community Investment project and ultimately paid from TIF revenues. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the public hearing be closed; the Ordinance be placed on first -- carried reading; and the Resolution be adopted. Motion carried 7 to 0. ORDINANCE An Ordinance of the City of wichita establishing the Eaton Block Redevelopment District, introduced and under the rules laid over. RESOLUTION NO. R-97-165 A Resolution designating the Eaton Block Redevelopment District area to be a blighted area and setting forth a comprehensive plan for the redevelopment of the area under the authority of K.S.A. 12-1771, as amended, presented. Cole moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. b. Northeast Project. Agenda Report No. 97-511. On June 3, 1997, the City Council adopted a resolution stating that the City is considering the establishment of a redevelopment district in northeast Wichita in order to conserve the option of providing incentives for the development of a supermarket in an under served area. The resolution described its general boundaries and a comprehensive plan for redeveloping the district, and set June 17, 1997 at 10:30 a.m. as the time for a public hearing on the matter. Copies of the resolution were mailed by certified mail to all owners and occupants of property located within the proposed district, and the resolution was published in the City's official newspaper on June 6, 1997. A series of Council actions are necessary in order to establish the tax increment district in the Northeast area. The tax increment will be "captured" based on the date of the establishment of the district. After the district is established, individual redevelopment projects may be undertaken in the district over time upon the adoption by the City Council of redevelopment plans which include financial feasibility studies, so long as the projects are completed within 20 years of the date of establishment of the district. Once the tax increment financing district is established and a redevelopment plan has been adopted, the County Treasurer will transfer to the City all property tax revenue collected within the district which exceeds the amount that would have been collected if the property still had the assessed value that was in effect the year in which the district was established. In this way, any tax revenue that is attributable to growth in assessed value (assumed to be the result of redevelopment) is "captured" and used to pay for the public improvements within the district which had helped to foster the redevelopment in the first place. The tax increment redevelopment district is actually established by means of the adoption of an Ordinance by the City Council following a public hearing on the matter. By law, the Board of County Commissioners or the Board of Education have 30 days following the hearing to make a finding by resolution that the establishment of the district will have an adverse effect on the county or school district. If either the County Commission or Board of Education make such a finding, the City will be prohibited from acquiring or redeveloping privately owned property in the redevelopment district. The Ordinance includes a map of the proposed district. The boundaries of the proposed district shown on the map were requested by the potential developer of the Northeast supermarket, Power CDC. These boundaries encompass a slightly larger area than is required for the development of the supermarket, on the theory that there will eventually be commercial redevelopment of property adjacent to the supermarket and that any resulting tax increment could be used to offset costs of developing the supermarket. A second map was also presented showing the boundaries of a smaller redevelopment district, if the Council should choose to limit the district to the land needed for the supermarket. In addition to the adoption of the Ordinance, the law requires that the Council approve the comprehensive plan that provides a general description of the redevelopment and associated public improvements. A resolution was included herewith which adopts the comprehensive plan and designating the area as a blighted area. The costs associated with the establishment of the redevelopment district will be charged to the Northeast Community Investment project and ultimately paid from TIF revenues. Council Member Rogers Council Member Rogers indicated the district he was talking about for approval. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Rogers moved that the public hearing be closed; the area as depicted on the map with approximate boundaries of Spruce on the west, Fourteenth on the north, the Green on the east, and Thirteenth on the south be approved; the Ordinance be -- carried placed on first reading; and the Resolution be adopted. Motion carried 7 to 0. ORDINANCE An Ordinance of the City of Wichita establishing the Northeast Redevelopment District, introduced and under the rules laid over. RESOLUTION NO. R-97-166 A Resolution designating the Northeast Redevelopment District area to be a blighted area and setting forth a comprehensive plan for the redevelopment of the area under the authority of K.S.A. 12-1771, as amended, presented. Rogers moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. (The council returned to take up the remainder of the Agenda and action is shown in Agenda Order.) WATER AND SEWER BONDS WATER AND SEWER UTILITY SYSTEM IMPROVEMENT REVENUE BONDS, SERIES 1997. Ray Trail Director of Finance reviewed the Item. Agenda Report No. 97-438 A. The City is offering for sale one series of Water and Sewer Utility System Improvement Revenue Bonds totaling $64,930,000, for the purpose of providing permanent financing for duly authorized capital improvement projects of the City's Water and Sewer Utility System. Sealed bids will be received by the City at the City Council Office until 10:30 a.m. on June 17, 1997, at which time all proposals will be publicly opened andconsidered for the purchase of the Bonds. Proceeds of the Seires 1997 Bonds iwll be used to permanently finance various improvements to the water utility system and sanitary sewer utility system located throughout the city and surrounding areas, all of which have been previously approved for bonding by action of the City Council. The Series 1997 bonds will mature serially over twentyyears and will be paid from the net operating revenues of the combined Water and Sewer Utilities. the Series 1997 Bonds will be issued as parity bonds with the outstanding Series 1993 Bonds and share a co-equal pledge of the net revenues as security. The bids were opened and tabulated for Water and Sewer Utility System Improvement Revenue bonds, Series 1997. The bids were in conformance with the Notice of Bond Sale, and recommended acceptance of the low bid as follows: Paine Webber Rate of Interest Bid 4.9824 percent Total of Interest Cost to Maturity at Rates Specified $37,053,242.19 Less Premium $ 649,024.50 Net Interest Cost to the City $37,702,266.69 Motion -- Knight moved that the sale be awarded to Paine Webber on their bid of $37,702,266.69, an average annual net interest rate of 4.9824 percent; and the Declaration of Emergency be approved and the Mayor be authorized to sign; and the Ordinance be placed on its passage and adopted on the date of its introduction, -- carried all in accordance with K.S.A. 12-3001. Motion carried 7 to 0. ORDINANCE NO. 43-499 An Ordinance of the City of Wichita, Kansas, authorizing and providing for constructing, reconstructing, altering, repairing, improving, extending or enlarging of the Municipal Water and Sewer Utility; authorizing and providing for the issuance of $64,930,000 principal amount of Water and Sewer Utility Revenue Bonds, Series 1997, of the City, for the purpose of paying the costs thereof; prescribing the form and details of the bonds; providing for the collection, segregation and application of the revenues of the utility for the purposes authorized by law, and making certain covenants and agreements with respect thereto; and authorizing and providing for the execution and delivery of certain agreements and supporting documents. Knight moved that the Ordinance be placed on its passage and adopted on the date of its introduction, all in accordance with K.S.A. 12-3001. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. BROOKS LANDFILL BROOKS LANDFILL TIPPING FEES. Steve Lackey Director of Public Works reviewed the Item. Agenda Report No. 97-512. On November 19, 1996, the City Council approved the 1997 tipping fee for Brooks Landfill. The rate was set at $26.00 per ton, based on anticipated tonnage over the next 5 years, and anticipated costs to operate Brooks from now until closure on October 9, 2001, and post-closure costs after that date, for a minimum of 30 years. On April 29, 1997, the City Council reviewed proposals for the Brooks Landfill Operations Contract and closure activities. The Council selected Herzog Environmental, Inc. for the contract. With the new contract prices for operations and closure, the cost estimates have been updated for operation and closure expenses. These updates are being provided to the City Council to help determine whether adjustments to the current tipping fee are warranted. The prices proposed by Herzog Environmental, Inc. will result in a reduction of the projected costs previously estimated for the Brooks Operation and Closure. Earlier cost estimates assumed the contractor costs would remain at the current level of $6.71 per ton (plus CPI increases), and closure costs would exceed $13,000,000. The prices proposed by Herzog are for $5.75 per ton (plus CPI increases) and approximately $8,000,000 for closure costs. The following are scenarios for waste flow. 1) Flow quantities remain at the current level of 500,000 tons per year 2) Flow quantities are reduced significantly through waste reduction (such as yard waste and other recyclables) and diversion of construction/demolition waste to other sites. This could create the need for higher tipping fees to pay the costs of closure and post-closure. The expenses projected would continue the approved programs through October, 2001, but would not provide funding for them after that date. Additional programs were not included for funding when the tipping fee was set in November, 1996. These include additional costs to construct and staff a second Household Hazardous Waste facility, possible site permitting and development costs for a future solid waste facility, and a recommended contingency fund to pay for future environmental clean-ups. It is intended that the revenues from Brooks Landfill from the present until closure in October, 2001 will be sufficient to cover expenses of the current operation, closure activities, and post-closure maintenance and monitoring for at least 30 years after Brooks is officially closed. Milt Pollitt Milt Pollitt, Sedgwick County Solid Waste Management committee, said the committee, in motions made yesterday, voted to ask that the City pick up the funding for all 18 of the recycle drop-off sites through the end of 1997 (including 2 not within City limits); and that Sedgwick County pick up the funding for all recycle drop-off sites commencing January 1, 1998. Council Member Kamen Council Member Kamen said he hoped that staff would work up something so that the pick-up would go on a bid basis and not go to a hauler at a price the hauler says is fair. Mayor Knight Mayor Knight said the City is expected to pick up the eighteen sites through the tipping fee mechanism for the rest of 1997. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Council Member Kamen Council Member Kamen said other communities could take care of their own and there was no reason to pay for the other city's pick up sites. Mayor Knight Mayor Knight stated that he hoped the City would honor the request and use a component of the tipping fee to maintain the drop-off sites throughout the County through 1997. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the current tipping fee of $26 per ton be retained (effective August 1, 1997); and that the City pick up the cost of the eighteen drop-off recycling sites through 1997, and any additional surplus not necessary for the operation of Brooks Landfill would go into the Environmental Contingency Fund. -- carried Motion carried 4 to 1. Kamen - No. ECONOMIC DEVELOPMENT CONTRACT FOR CONTINUATION OF ECONOMIC DEVELOPMENT ACTIVITIES. *Council Member Ferris present. Mayor Knight Mayor Knight reviewed the Item. Agenda Report No. 97-513. When the WI/SE organization ended, the Long Range Planning Task Force (LRPTF) was reorganized to develop a strategy to refocus and implement economic development activities for the Sedgwick County-Wichita area. During the time the LRPTF worked to formulate community priorities, the Chamber of Commerce agreed to continue funding for various activities pending the completion of a new strategy. Because of unforeseen delays in the implementation of a new strategy, it is necessary to either continue funding priority activities (via the Chamber) or to discontinue such programs. The LRPTF has identified a number of recommendations, most involve the activities in Downtown Development, Education/Training, and Business Recruitment/Expansion. As these and other priorities are established, it is being proposed that funding be continued until new program focuses can be determined by the Strategic Review Committee. The Chamber of Commerce has requested contributions from the City, County and the private sector to continue these primary activities pending further reviews and budget allocations for 1998. The City's share of these activities would not exceed $160,000. Under the proposal, these funds would be to financially assist the continuation of the Downtown Development activities and Education and Training. City Staff would be assigned to participate in the overall economic development work, such as business recruitment and expansion. The County would likewise participate in funding Education/Training and Business Recruitment/Expansion. The private sector would also contribute toward the funding of these programs. With the termination of the WI/SE organization, the City has funding available for economic development activities. These funds are sufficient to contribute an amount not to exceed $160,000; however, the City Council will have to address its future participation toward economic development in subsequent years. It is understood that with this action, the City Council is not committing to further funding beyond December 31, 1997. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that funding in an amount not to exceed $160,000 be approved with the following conditions: (1) A contract for services be executed addressing those functions specifically outlined by the City; and (2) The City's allocation would be disbursed to cover only the required expenses under these programs. -- carried Motion carried 6 to 0. (Rogers absent) GRANT APPLICATION COMPREHENSIVE COMMUNITIES PROGRAM GRANT APPLICATION - PHASE IIB. Chris Cherches City Manager reviewed the Item. Agenda Report No. 97-514. In April, 1993, the City of Wichita was notified by the U.S. Department of Justice, Bureau of Justice Assistance (BJA) that Wichita was one of sixteen cities selected to participate in a new, phased grant program entitled Comprehensive Communities Program (CCP). Phase I of the program provided the City with a $50,000 planning grant to develop comprehensive crime control strategies which require law enforcement and other governmental agencies to work in partnership with the community to develop solutions to identified problems. On August 9, 1994, the City Council approved submission of a Phase IIA grant application to implement strategies developed during the planning process. On February 7, 1995, the Bureau of Justice Assistance approved a Phase IIA award in the amount of $1,864,649. This grant provided funding for community policing, community mobilization, comprehensive anti-gang initiatives, Neighborhood Drug/Environmental Courts and alternatives to incarceration. The City has been advised by the Bureau of Justice Assistance that it is eligible to submit a grant application in the amount of $400,000 for Comprehensive Communities Program Phase IIB funds to make adjustments to the strategy and implement activities to achieve local goals and objective which are consistent with Congressional legislation. A grant application has been developed for Phase IIB funding for the following components: plan and develop methods to implement a community-wide Victim Assistance Center-$48,100; improvements to municipal court to improve warrant service, public defender system and improved Court and staff training-$69,000; enhance community mobilization efforts by establishing two Neighborhood Resource Centers in the north and west quadrants of the City- $200,000; implement a domestic violence and community policing communications and awareness plan-$30,000; and provide on-going planning, training and administrative services-$52,900. The term of the grant is twenty-four months beginning July 1, 1997 and ending June 30, 1999. The total grant amount is $400,000. No local matching funds are required for the grant. However, there will be a budgetary impact in 1999 (estimated at $100,000) when the grant ends if the City Council elects to continue programs defined in the grant. The grant application documents must be executed by the City and submitted to the Bureau of Justice Assistance to receive the grant funds. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the grant application be approved and the Mayor be authorized -- carried to sign. Motion carried 6 to 0. (Rogers absent) SCULPTURE DONATION REQUEST TO APPROVE DONATION OF SCULPTURE. Chris Cherches City Manager reviewed the Item. Agenda Report No. 97-515. The Public Art Advisory Board was approached by an anonymous donor wishing to donate the sculpture, "Babysitter" by Ina Hanbury. the sculpture is valued at $31,000. The Board, having reviewed the sculpture and site placement approved unanimously at its May 8, 1997, meeting to recommend to the City Council acceptance of the sculpture donation and its placement on the Waterwalk. The sculpture is an anonymous donation. the suggested site placement is on the Waterwalk. The Public Art Advisory Board suggested this site because the subject matter of the sculpture makes it appropriate for the Waterwalk site. The Public Art Advisory Board recommends that the City Council accept donation of the sculpture, "Babysitter." Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the donation be accepted approve site placement. Motion -- carried carried 6 to 0. (Rogers absent) DRIVER'S LICENSES ORDINANCE AMENDMENTS PERTAINING TO DRIVER'S LICENSES AND IDENTIFICATION CARDS. Gary Rebenstorf Director of Law reviewed the Item. Agenda Report No. 97-516. The 1997 Kansas Legislature passed House Bill #2167 which amends two statutes in the state traffic code related to unlawful acts involving the use of driver's licenses and nondriver's identification cards. In the 1996 session, the Legislature passed a bill which amended the same two statutes and inadvertently made it a felony to display a suspended, canceled or revoked driver's license. House Bill #2167 was introduced as part of the City's legislative program to correct the unintended result of this earlier legislation. The proposed ordinance amendment mirrors the language in House Bill #2167, which went into effect on May 1, 1997, and is necessary to bring the City's ordinance into conformity with state law. Specifically, the amendment makes it unlawful to display or have in possession a fictitious or fraudulently altered driver's license or identification card, or to display any canceled, revoked or suspended drivers license or any canceled identification card. Because this activity was elevated from a misdemeanor to a felony by the 1996 Legislature, it was deleted from the City's ordinance last year, as the municipal court has no jurisdiction over felony crimes. With the recent amendment of state law returning the classification of the activity to a misdemeanor, the amendment would again allow the City to prosecute such activity in the municipal court. The proposed amendment also sets forth a mandatory minimum sentence for the crime of allowing the use of a driver's license or identification card to enable a minor to purchase liquor or cereal malt beverage or to allow another to wrongfully obtain a driver's license or identification card. The proposed penalty also applies to the crime of having a fraudulently altered or fictitious driver's license or identification card in one's possession for use in the purchase of any alcoholic liquor or cereal malt beverage. Since the penalty is mandatory under state law, the penalty provided by City ordinance cannot be less severe. Finally, the proposed amendment contains language that extends the crimes which have been previously defined in the City Code relating to the unlawful use of a driver's license to encompass the use of a nondriver's identification card. Again, this is done to mirror the state statute prohibiting the same behavior and setting forth mandatory penalties for certain illegal acts. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the Ordinance be placed on first reading. Motion carried -- carried 6 to 0. (Rogers absent) ORDINANCE An Ordinance amending Section 11.42.025 of the code of the city of wichita, Kansas, pertaining to unlawful acts related to driver's licenses and identification cards, and the penalties therefor, and repealing the original of said Section, introduced and under the rules laid over. MAAIC PARKING MID-AMERICA ALL-INDIAN CENTER/MUSEUM DISTRICT SITE IMPROVEMENTS. (District VI) *Council Member Rogers present. Chris Cherches City Manager reviewed the Item. Agenda Report No. 97-517. The master plan for the Museum District (including the Indian Center) was approved by the City Council in 1992. This Plan included a parking analysis for each of the museum facilities with recommended parking needs. Since this plan was approved, improvements have been made as funds became available, or as programmed in the City's Capital Improvement Program. One of the first priorities recommended was a new entryway to the Indian Center along with increased parking. The proposed intersection/gateway improvements were intended to link the Indian Center to the Museum District and provide for enhanced amenities for the area. The gateway/intersection and parking improvements were first bid in late 1996; bids were rejected because they exceeded engineering and CIP estimates. As a result, the project was re-evaluated and modifications were made in the CIP allocation for these improvements. At a subsequent Council meeting ( November 19, 1997), the City Council approved the gateway and parking project and authorized the rebid. Following this action, Staff was asked to explore other options, including the use of the water reservoir (across from the Indian Center) for parking. Cost estimates have been received on the revised options which would provide additional parking at or near the Indian Center. These include: 1. Gateway Intersection and Parking: This proposal is the original recommended improvement supported by the Indian Center. It provides expanded parking to be located generally north of the existing parking lot, and west of the new entry (off Central and Stackman Drive intersection). Together with the existing parking lot, a total of 125 spaces will be provided. In addition, a new entryway and intersection modifications would also be constructed, together with a crosswalk and signage. The existing access off of Seneca, which has been proven to be dangerous, would be closed with this improvement. [Details on this proposed improvement can be referenced in Agenda Report 93-625.] The estimated cost of this project would be within the CIP allocation of $900,000. 2. Reduced Parking: This project would involve eliminating the new entryway/intersection improvements and retaining the entry/exit drive at Seneca. It essentially reduces parking but conforms to the original layout (Option #1) which would allow for a future expansion and entryway in the future. A total of 55 parking spaces would be added with this option. Estimated cost is approximately $400,000. 3. Utilize Water Reservoir Parking: The option would eliminate all work at the Indian Center site and include improvements to the new water reservoir structure (across from the Indian Center) to allow for parking on top. A signalized crossing would be required to improve the safety for pedestrian crossing - from the parking lot to the Center. Approximately 275 spaces could be provided on the reservoir. Modifications to the reservoir structure to accommodate parking would cost approximately $400,000. No improvements to the Indian Center would be included with this option and the original proposal to "visually and physically connect" the Center to the other museums would not be made. The CIP allocation for the Indian Center project is $900,000, which should be sufficient to fund the original option (#1 above). If other options are selected, the CIP would recover savings that could be used to finance other improvements in the Museum District programmed for improvement. Mayor Knight momentarily absent with Vice Mayor Cole in the Chair. Council Member Cole Council Member Cole spoke in support of a combination of Options 1 and 3 (the City Manager's suggestion). There is concern with removing a great number of trees so interest would be in 40 or 50 parking spaces near the Indian facility and using the water reservoir area for parking. Council Member Cole said she was a member of a large number of people that had meetings in the Indian Center for one year and chose not to continue because the present crosswalk is dangerous (cars cannot be seen coming around the hill). Staff should be asked to review the combination and return to the City Council with a plan that uses the water reservoir but eliminates the danger in crossing the street and makes use of the Indian Center more viable for large organizations. Chris Cherches City Manager, responding to a question, explained that Option 1 expands the parking on site. The desire would be to modify Option 1 - scale the project down and do something with the entryway, intersection, and maybe make some small adjustments in the parking without taking down the hills. The water reservoir would be done in addition. Council Member Ferris Council Member Ferris said he was not in opposition to any combination but that he could not support spending $900,000. Council Member Cole Council Member Cole stated that the cost is unknown. Staff could look into the combinations and return with a dollar amount. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that Staff be authorized to return within 60 days with modifications to Alternate 1 in conjunction with Alternate 3, modified, and a budget for the -- carried modifications. Motion carried 7 to 0. CITY COUNCIL AGENDA FRIENDSHIP PARK FRIENDSHIP PARK. (Requested by Council Member Lambke) Jim Bratt Community Police Officer reviewed the issues concerning Friendship Park, 1329 South Terrace, in the Hilltop area. The youth in the Hilltop area have limited access to youth developmental and recreational activities. The closes activity center is in Boston Park at 6600 East Zimmerly. Hilltop is in desperate need of a recreation center where youth developmental and recreational activities can be based. This type of facility could be used for literacy programs, senior programs, parenting classes, and child care. The possibilities are limitless and would act as a foundation for the revitalization of the Hilltop area. The old resource center is abandoned and adding to decay in the neighborhood. Hilltop needs a resource center, a foundation on which to build a new sense of community. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Sharon Askew Sharon Askew said the Kansas Bureau of Child Care said there is a need for many facilities. The neighborhood resource center would be an excellent place for a day care center. A senior center is also needed as many of the seniors say there is nothing to do and nowhere to go. The neighborhood resource center should be more than just a recreation center for youth. Rev. Dennis Hesselbarth Rev. Dennis Hesselbarth, Pastor of the Hilltop Free Church, said community policing has made a tremendous difference in the community. The difference in police thinking has made a dramatic difference in the community. The community center should be a partnership - not the city running the community center. Margalee Wright Margalee Wright spoke in support of the project and said the Neighborhood Initiative would work with others to pull together on a project. Mayor Knight Mayor Knight said the City has set aside $275,000 in CDBG funds which could be used if people would get together and figure out a way to use the resources and then return with the plan to the City Council. Council Member Lambke Council Member Lambke said the project needs to be done as soon as possible. The $275,000 may not be enough and it is possible as much as $225,000 may need to be added. Motion -- Lambke moved that the city council commit to expediting the procedure and completion of the project - the Hilltop Community Center. Chris Cherches City Manager said, in 1996, the City Council approved $275,000 for two projects, the Rogers School and the Hilltop Center. That money did not become available until July of 1996. When initial analysis was done, it was found that the $275,000 would be insufficient to do both projects so the Rogers School was extracted and the Hunter Clinic completed the Rogers School project. The full $275,000 was then made available in 1996 for the Hilltop Center. In March of 1996, after the CDBG allocation was approved for the Hilltop project, an architect was commissioned and it has taken this long for the architect to look at the conditions of the building and estimate the amount of money necessary for rehabilitation of the facility. The architectural firm has indicated the ability to do partial renovation of the building within the amount of money available. That would entail addressing the gymnasium, lobby, restrooms, office area, ADA compliance, and other matters. In other words, the facility could be put into usable shape. For the last year, Staff has been in contact with the United Way agencies, and other organizations, to try to solve the operation problem. The thought by Staff was to try to find someone that would occupy the renovated building, maintain the building, and help take care of the gymnasium and meeting rooms in lieu of paying rent. There has no success in finding any organization willing to assume the responsibility without a subsidy from the City. The real decision by the Council, at some point in time, will be what the future holds as far as operational concerns. Mayor Knight Mayor Knight suggested all the partners get together to make a determination as to what is specifically wanted and how the facility would be maintained and sustained. Amendment -- Lambke amended the motion, with consent of the second, to ask that Staff meet with the Architect and have the concerned groups work on the staffing problem; and that the matter be returned to the Council in approximately 30 days. -- carried Motion, as amended, carried 7 to 0. Mayor Knight left the Bench; Vice Mayor Cole in the Chair. (The Council returned to Item 5 and action is shown with the Item.) OFF AGENDA ITEM APPOINTMENTS Motion -- Kamen moved that the rules be set aside and appointments be taken up off the -- carried Agenda. Motion carried 7 to 0. (Later in the meeting the Council reconsidered the Item.) Motion -- Kamen moved that the rules be set aside and this matter be reconsidered; and that Council Member Kamen's appointments made earlier in the meeting be stricken. -- carried Motion carried 7 to 0. OFF AGENDA ITEMS APPOINTMENTS Motion -- Rogers moved that the rules be set aside and item be taken up off the Agenda. -- carried Motion carried 6 to 0. (Knight absent) Motion -- Rogers appointed Julius Williams, 524 North Green, to CPO 1.3, and moved that the -- carried appointment be approved. Motion carried 6 to 0. (Knight absent) Mayor Knight present and in the chair. Motion -- Gale appointed Chris Caraher, CPO 4.3, and moved that the appointment be -- carried approved. Motion carried 7 to 0. CONSENT AGENDA Knight moved that the Consent Agenda be approved in accordance with the recommended action shown thereon. Motion carried 7 to 0. BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED JUNE 16,1997. At 10:00 a.m., Friday, June 13, 1997, 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 June 16, 1997) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Lateral 118, War Industries Sewer (part of Pebblebrook Addition) 468-82277 (743104) Nowak construction -- $47,695.00 Storm Water Sewer #483 (Buckhead 2nd Addition) 468-82705 (750968) Mies Construction Co., Inc. - $123,532.00 Improving Hickory, Cedar Downs Circle and Kenny Circle (Buckhead 2nd Addition) 472-82822 (764290) Ritchie Paving $171,952.50 Improving Landon, Central, Park, Shefford and Chartwell (Aberdeen 2nd Addition) 472-82751 (764316) Ritchie Paving - $683,124.00 Reconstructing Sanitary Sewers crossing Seneca at Esthner and between May and Dora 468-82729 (621730) Dondlinger Construction Company, Inc. - $57,650.00 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 Mayor be authorized to sign for the City. Motion carried 7 to 0. WATER DEPARTMENT:EQUUS BEDS GROUNDWATER RECHARGE PROJECT SCADA AS PER SPECIFICATIONS Southwestern Electrical Company - $309,000.00 PUBLIC WORKS/FLEET & BUILDINGS:CURRENT MODEL INGROUND TWO POST VEHICLE LIFT 130807 AS PER SPECIFICATIONS Myers Brothers - $19,800.00 DEPARTMENT OF PARK & RECREATION: TRIPLEX TRIM MOWER 170282 AS PER SPECIFICATIONS Modern Distributing Co. - $29,766.00 DEPARTMENT OF GENERAL GOVERNMENT/OFFICE OF CENTRAL INSPECTION:REHABILITATION OF 801 N. VOLUTSIA 616946-2505 AS PER SPECIFICATIONS McFadden Construction Co. Inc. - $43,000.00 Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid, and the Purchasing Manager be authorized to sign for the City. Motion carried 7 to 0. PLANS AND SPECS. PLANS AND SPECIFICATIONS. a. Replacement of concrete on entrance terrace to the recreation center in Edgemoor Park (Edgemoor and 9th Street North). (472- 82793/785659/440097) Does not affect existing traffic. (Council approval date 2- 4-97) (District II) b. Traffic & Pedestrian Signal/Accel-Decel Lane on Maize/Accel-Decel Lane and Major Entrance on the South Side of 21st Street North/Accel-Decel Lane on 21st Street to serve Timber Ridge 2nd Addition/Pearson Farms Addition/Chadsworth Commercial Addition (21st and Maize Intersection/south of 21st, east of Maize/west of Maize/north of 21st Street, east of Maize). (472- 82651/82273/ 82815/82366/710178/763326/763342/763359/410068/490435/490 437/490438) Traffic to be maintained through construction. (Council approval 6-24-97) (District V) c. 1997 Park Bikeway System (Along I-135 & the Big River). (472-82792/785642/ 440096) Traffic to be maintained through construction. (Council approval date 1-14-97) (District IV, V & VI) 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., June 27, 1997. Motion carried 7 to 0. SUB. PLANS AND SPECS. SUBDIVISION PLANS AND SPECIFICATIONS. 1. Lateral 26, Main 1, Cowskin Interceptor Sewer to serve Marshall Addition (east of Maize, north of Kellogg). (468- 82573/742635/480355) Does not affect existing traffic. (Council approval date 2- 27-96) (District 5) 2. Water Distribution System to serve parts of Pebblebrook Addition (north of Pawnee, west of Webb). (448-88680/733832/470461) Does not affect existing traffic. (Council approval date 2-23-93) (District 2) 3. Lateral 139, War Industries Sewer to serve Greenwich Business Park, Manhattan Addition, and Kensington Gardens (north of 21st Street North, west of Greenwich). (468-82698/743138/480405) Traffic to be maintained through construction. (Council approval date 4-15-97) (District kl2) 4. Lateral 136, War Industries Sewer to serve Greenwich Business Park, Regency Lakes and Regency Lakes 2nd (north of 21st Street north, west of Greenwich Road. (468-82693/743120/480404) Does not affect existing traffic. (Council approval date 4-15-97) (District 2) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., June 27, 1997. Motion carried 7 to 0. PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. Constructing Clear Meadow, Hazelwood and Meadow Grove from the west line of North Shore Boulevard to the west line of North Shore Boulevard; Hazelwood Court serving Lots 9 through 12, Block 1, and Lots 10 through 21, Block 2, to and including the cul-de-sacs; and sidewalk along the north, easterly, and southerly side of Clear Meadow, Hazelwood, and Meadow Grove from the west line of North Shore Boulevard to the west line of North Shore Boulevard; and along the west side of North Shore boulevard from the south line of Block 1 to the south line of Meadow Grove - $561,600. (472-82750/763946/490- 497) (City Council approved July 16, 1996) Does not affect existing traffic. b. (Amended) Lateral 14, Main 13, Southwest Interceptor Sewer to serve Lark 3rd Addition (south of Kellogg, east of 119th Street West) - $157,500.00. (468-82612/742957/480387) Does not affect existing traffic. (Council approval date 5-21-96) (District V). Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 7 to 0. Approve and file. BOARD MINUTES MINUTES OF ADVISORY BOARDS. Board of Electrical Appeals, 5/13/97 Board of Zoning Appeals, 4/22/97 Commission on the Status of People With Disabilities, 5/28/97 Wichita Art Museum Board, 5/22/97 Wichita/Sedgwick County Board of Health, 5/30/97 Wichita/Sedgwick County Metropolitan Area Planning Commission, 5/29/97 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 7 to 0. STREET CLOSURES CONSIDERATION OF STREET CLOSURES/USES. Agenda Report No. 97-538. Burlington Northern Santa Fe Railway has begun the removal and reconstruction of trackage in Mosley between Gilbert and Waterman. As part of this trackage replacement and consolidation, they will be removing the east crossing in Waterman, replacing the track structure in the west crossing, and installing concrete material in the remaining crossing. The Railroad is requesting the approval of a two day closure of Waterman at Mosley to accomplish this work. The tentative installation schedule is June 19-20, 1997. Waterman would be closed at approximately 8:30 a.m. on Thursday and re-opened Friday evening. The Railroad is responsible for construction barricades and detour signing. During the closure, Waterman traffic will be detoured as follows: Eastbound Waterman: Rock Island to Douglas to Washington Westbound Waterman: Washington to Douglas to St. Francis Motion -- carried Knight moved that the street closures be approved. Motion carried 7 to 0. PARK IMPROVEMENTS IMPROVEMENTS TO PAWNEE PRAIRIE PARK AND HERITAGE PARK SQUARE. (District V & VI) Agenda Report No. 97-518. The Park Department requests that funds in the amount of $55,000, already included in the 1997 Capital Improvement Program for park project P-51, Improvements to Pawnee Prairie Park, be divided between this project and a new project that will provide for emergency improvements at Heritage Square Park. The 1997 Capital Improvement program includes funds in the amount of $55,000 for improvements to the existing paved trail at Pawnee Prairie Park in order to make this trail more easily accessible to handicapped park patrons. Recent estimates received to cover the costs of engineering services and directional signage for this project total $25,000. Vandalism at Heritage Square Park in the downtown area necessitate repairs to that park in the form of brickwork, replacement of a number of benches, handrails at stairs, fence repair and various other repairs, in order to make the park safe and attractive. The cost of these repairs has been estimated at $30,000. Park Department therefore requests that the $55,000 allocated to the Pawnee Prairie Park project in the 1997 CIP be reallocated to fund two projects--Pawnee Prairie Park trail improvements, and Heritage Square Park improvements. The estimated cost to complete the project at Pawnee Prairie Park is $25,000 for engineering and directional signage. The cost of improvements at Heritage Square Park is estimated at $30,000. The $55,000 needed to fund both capital projects would be funded through general obligation bonds. Motion -- Knight moved that the projects be approved and the bonding resolutions be -- carried adopted. Motion carried 7 to 0. RESOLUTION NO. R-97-167 A Resolution authorizing the issuance of bonds by the city of wichita at large to finance improvements to Heritage Square Park, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-168 A Resolution authorizing the issuance of bonds by the City of Wichita at large to finance improvements to Pawnee Prairie Park, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. CENTRAL BUSINESS CENTRAL BUSINESS DISTRICT PROGRAM. (District VI) Agenda Report No. 97-519 On August 29, 1995, the City council approved a project to upgrade downtown traffic signals. The project is funded by a combination of City and federal funds administered by the Kansas Department of Transportation (KDOT) funds. the Council originally approved a budget of $510,000, with $400,000 paid by KDOT and $110,000 paid by the City. The 1996 approved Capital Improvement Program (CIP no. MS-9308, page 40) revised the local share to $200,000 in order to fund the entire project. However, the initial funding Resolution was never amended to provide for the budget increase. Larger signals and new overhead support structures were installed. the project is part of an ongoing program to bring the City's downtown signal system into compliance with federal regulations that require overhead signal indications for increased feasibility and safety. The revised project budget is $890,000, with $690,000 paid by KDOT and $200,000 paid by the City. The funding source for the City share is General Obligation Bonds. Motion -- Knight moved that the revised budget be approved, the Resolution be adopted and -- carried the Mayor be authorized to sign. Motion carried 7 to 0. RESOLUTION NO. R-97-169 A Resolution authorizing the issuance of bonds by the City of Wichita at large for public improvements to construct central business district traffic signals, Project No. 472-82637, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. EMERGENCY SEWER REPAIR EMERGENCY SANITARY SEWER REPAIR. (District II) Agenda Report No. 97-520 On March 26, 1997, a sewer stoppage was reported to the Water and Sewer Department. After investigation, it was determined that the sanitary sewer line from 341 Fountain had become separated, and the connection was located under the house at 332 Bluff. The sanitary sewer was installed in 1910. In the 1920s, the area was replatted, and homes were constructed over the existing sanitary sewer. The repair of the sanitary service line would require cutting the basement floor at 332 Bluff and working under the existing house. The preferred solution was to construct a manhole to the north of 332 Bluff and reconnect 341 Fountain to this manhole. This manhole provides access for maintenance and access for properties currently connected to the existing sewer if problems develop. As per Wichita Purchasing Policies, Chapter 1, Item 5, "EMERGENCIES" resulting from sanitary sewer breaks, repair will be requisitioned through the City's Purchasing Department via a Purchase Order. The estimated project cost was $20,000. Informal bids were taken for the project and ranged from $39,850 to $48,000, which were above the estimated project cost. The project installation shall be funded from Water and Sewer Capital Improvement Program (CIP #S-4, Reconstruction of Old Sanitary Sewers), to be constructed by City personnel. Emergency repairs of sanitary sewers are allowed in accordance with Ordinance No. 35-856 and Section 2.64.020(a) of the City Code. Motion -- Knight moved that action of the City Manager taken under Ordinance 35-856 for an -- carried emergency repair of a sanitary sewer be affirmed. Motion carried 7 to 0. RAPE PREVENTION RAPE PREVENTION AND CRISIS INTERVENTION SERVICES GRANT. Agenda Report No. 97-521 The Office of the Attorney General of the State of Kansas administers the Federal Rape Prevention and Crisis Intervention Services Grant Program. The purpose of the grant program is to provide financial assistance to agencies that provide services to the victims of rape and sexual assault. the City of Wichita receives funding from this grant program annually. The proposed grant application seeks grant funding for Personal Safety and Sexual Assault Prevention brochures to be used by crime prevention officers when making presentations to civic groups and by school liaison officers when making presentations to students. The proposed grant application is for $44,000 in grant funding to print Personal Safety and Sexual Assault Prevention brochures. The grant does not require matching funds. Motion -- Knight moved that the grant application be approved and the necessary signatures -- carried be authorized. Motion carried 7 to 0. 29TH STREET BRIDGE AUTHORITY TO AWARD CONTRACT - COMMITMENT OF CITY FUNDS FOR 29TH STREET BRIDGE, EAST OF OLIVER. (District I) Agenda Report No. 97-522. The Authorization Document between the City and the Kansas Department of Transportation (KDOT) provides for replacing the 29th Street North Bridge over a tributary branch of Chisholm Creek, east of Oliver. On November 5, 1996, the City Council approved an agreement with KDOT to administer the project and provide 80 percent federal funding. On March 18, 1997, the City Council approved the project for construction. The project is a part of the 1997 Capital Improvement Program (CIP No. B-9302, page 115). The existing bridge structure is inadequate and needs to be upgraded prior to street construction. 29th Street North, from Oliver to Woodlawn, is currently under design and scheduled for construction in 1999. Bids for construction of the improvements were received on May 21, 1997. Klaver Construction Company, Inc. submitted the low bid of $239,651.38. In accordance with the Agreement entered into by the City and KDOT, the City's share of the cost is $54,905.00 and will be paid by General Obligation Bonds. KDOT will reimburse the City for 80 percent of the cost for construction engineering services which has an upper limit of $29,687.77. Motion -- Knight moved that the award of the Construction Contract and payment of the City's share of the costs be authorized, the Construction Engineering Agreement -- carried be approved and the Mayor be authorized to sign. Motion carried 7 to 0. NEIGHBORHOOD HOUSING NEIGHBORHOOD HOUSING SERVICES LENDER'S AGREEMENT. Agenda Report No. 97-523. On June 4, 1994, the City Council approved use of Community Development Block Grant (CDBG) funds to establish a Neighborhood Housing Services Organization called Community Housing Services of Wichita/Sedgwick County, Inc (CHOWS), under the auspices of the Neighborhood Reinvestment Corporation. Community Housing Services of Wichita/Sedgwick County, Inc. (CHOWS) wishes to expand its access to funds by selling mortgages to a secondary lender. Neighborhood Housing Services of America (NHSA) has agreed to provide that service through a Loan Sale and Servicing Agreement with CHOWS. Neighborhood Housing Services of America has also prepared an agreement with the City of Wichita relating to CHOW's use of CDBG funds. The agreement stipulates that should CHOWS cease operation, the City will assume CHOW's legal responsibilities pertaining to use of CDBG funds. The City's liability is limited to loans which go into foreclosure. In such an event, the City may buy the loan from Neighborhood Housing Services of America in cash, substitute a loan of equal value, or request NHSA initiate foreclosure procedures. If the City pursues foreclosure, expenses would be paid from sale of the property. There is no financial consideration in the agreement. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to sign. -- carried Motion carried 7 to 0. EMERGENCY SHELTER EMERGENCY SHELTER GRANT CONTRACTS. Agenda Report No. 97-524. On March 4, 1997 the City Council approved the Emergency Shelter Grant allocations to be included in the City's 1997/98 Housing and Urban Development (HUD) Consolidated Plan. The Plan will provide funds for a number of homeless agencies for operations, essential services, and homeless prevention. Five contracts are being brought before the Council for approval. The contracts before the Council are Emergency Shelter Grant contracts with the following agencies: Catholic Charities; Inter-Faith Ministries; and the United Methodist Urban Ministry (UMUM). The contracts provide funding for operations, essential services, and homeless prevention activities and are consistent with the City's HUD Consolidated Plan as approved by the Council. The contract period for each contract is July 1, 1997 through June 30, 1998. The maximum contract amounts are: Catholic Charities Anthony Family Shelter $15,000 Catholic Charities Harbor House $12,541 Inter-Faith Ministries $18,147 UMUM Drop-In Center Operations $20,000 UMUM Homeless Prevention $ 7,000 These federal HUD funds are available through the Stewart B. McKinney Homeless Assistance Act and the contracts obligate no general fund moneys. The contracts have been approved as to form by the City Law Department, and signed by the service provider designees. Motion -- Knight moved that the contracts be approved and the Mayor be authorized to sign. -- carried Motion carried 7 to 0. WATER TREATMENT PLANT ELECTRICAL SYSTEM IMPROVEMENTS FOR THE WATER TREATMENT PLANT AND HESS PUMP STATION - CHANGE ORDER NO. 1. (All Districts) Agenda Report No. 97- 525. The City Council entered into a Contract with Shelley Electric, Inc. on September 24, 1996 to make improvements to the electrical systems that serve the Water Treatment Plant and the Hess Pump Station. The original contract amount for this project was $471,354. When the contracts for this project were prepared, it was assumed that most, if not all, of the work done for this project would be exempt from sales tax. Therefore, sales tax was not included in the original contract. Unfortunately, after additional discussions with the State of Kansas, it has been determined that only a small portion of the project would be exempt from sales tax. This Change Order will allow for the payment of sales tax on the portion of the project that is not exempt from that tax. This will increase the project costs by $23,903. There are no alternatives to paying sales tax for items and services that are not exempt from taxation. On December 19, 1995, the City Council authorized $500,000 for this project in the Capital Improvement Program (CIP #W-600). Adequate funding is available to pay for the sales tax. This Change Order totals $23,903 and is 5.1% of the original contract amount. The new contract price will be $495,257. City Council approval is required for Change Orders over $10,000. Motion -- Knight moved that the Change Order No. 1 with Shelley Electric, Inc. for an increase in the contract amount of $23,903 be approved and the Mayor be -- carried authorized to sign. Motion carried 7 to 0. Motion carried 7 to 0. PEPSICO. INC. INDUSTRIAL REVENUE BOND PURCHASE OPTION (PEPSICO., INC.). (District IV) Agenda Report No. 97-526. On June 13, 1995, the Wichita City Council approved the issuance of $4.0 million in Industrial Revenue Bonds, Series II and III, 1995, to finance the construction and equipping of a 100,000 s.f. building and the purchase of machinery and equipment to be leased to and operated by PFS, A Division of PepsiCo., Inc. Under the provisions of Article XV, Sections 15.1 and 15.2 of the Lease Agreement for the bond series, PFS has the option, if all outstanding bonds have been paid, to purchase the facility from the City of Wichita for the sum of $1,000. The City of Wichita on June 5, 1997, received a notice from Hinkle, Eberhart and Elkouri of PFS's intention to exercise its option to purchase the facility. Under the terms of the Lease, the City is required to convey the real property and facility securing the IRB issue to the Tenant, once the Tenant has paid the purchase price and other considerations as listed under the provisions of the Lease Agreement, including the payment of all outstanding bonds. The City has received a check in the sum of $1,000 from PepsiCo., Inc. which represents the purchase price for the facility. The purchase price is $1,000 and other considerations as listed under the provision of the Lease Agreement to redeem and retire all outstanding bonds. this price includes without limitations, principal, interest, redemption premium, and all other expenses of redemption, and trustee fees, but after the deduction of any amounts described and provided for in the Lease Agreement and available for such redemption. The City is contractually bound to convey the IRB Project property to the Tenant by special warranty deed, once all the conditions established in the Lease have been met. Motion -- Knight Moved that the Resolution approving the Termination and Release of Lease Agreement; the Termination and Release of Easement and Agreement; the Termination of Financing Statements, and all such other Documents necessary to convey title be adopted and the Mayor be authorized to sign, and the early Redemption of the City's Series III, 1995 Outstanding Taxable Industrial Revenue Bonds be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-97-170 A Resolution authorizing the city of Wichita, Kansas, to convey title to the project acquired and installed pursuant to its Taxable Industrial Revenue Bonds,Series III, 1995, (Pepsico, Inc.) to PFS, a division of Pepsico, Inc.; authorizing the execution and termination and release of a certain Series III Lease; authorizing the execution and termination and release of a certain easement and agreement; authorizing the termination of the financing statements; authorizing the execution of all such other documents necessary to convey title in the project to PFS, a division of Pepsico, Inc.; and authorizing the early redemption of certain of the City's outstanding taxable industrial revenue bonds, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. PROPERTY ACQUISITION 4228-30 WHITNEY LANE, PLANEVIEW ACTION PLAN. (District III) Agenda Report No. 97-527. After the Gould Evans Associates Planeview Neighborhood Redevelopment Strategy was completed several property owners and residents on Whitney Lane and Stearman Court showed high interest in redeveloping these areas. The end result of staff and resident meetings was the Planeview Action Plan. On November 21, 1995 the City Council approved the Planeview Action Plan as a guide to the needed improvements for the Whitney Lane and Stearman Court demonstration areas. Construction of new water and sewer lines for the two areas have been completed . Construction of parking areas and sidewalks are nearly completed with new plans to create a park on the land the City has already purchased along with street and drainage right-of-way. Staff has reviewed the proposed park plan and proposes to enlarge the proposed park to create a wider front door off Whitney Lane and eliminate the possibility of future unwanted development to purchase Tract #15. Tract #15, a duplex converted to a single-family residence, is located at 4228-30 E. Whitney Lane (Lot 53, Block O, Planeview Subdivision No. 1) and is owned by Wendal K. and Dorothy K. Nichols. The property has approximately 6,600 sq. ft. of land with a converted two bedroom duplex. The owners are the only occupants that need to be relocated under the Federal Relocation Assistance Program. The 4228-30 E. Whitney Lane property was appraised at $19,000 and the review appraiser concurred with this value. The owner has agreed to accept the $19,000.00 and staff recommends approval of the purchase. The City has available funds allocated to the Planeview area improvements with use of CDBG funds for acquisition and relocation of tenants. Anticipated costs of $25,300.00 for acquisition of the property include: $19,000.00 for acquisition and $300.00 for closing, title insurance, etc. and $6,000 for federal relocation of the owner. Motion -- Knight moved that the Budget and the Real Estate Purchase Contract be approved, -- carried and the Mayor be authorized to sign. Motion carried 7 to 0. PROPERTY ACQUISITION 1120 WEST MAPLE FOR THE MAPLE AND SENECA IMPROVEMENT PROJECT. (District VI) Agenda Report No. 97-528. The Maple and Seneca Improvement Project, approved by Council on August 20, 1996 requires the acquisition of twenty-two (22) partial takes. One of these tracts is Tract #26 which is owned by Violet Stevens and is more fully described on the tract map and legal description. The subject tract contains approximately 613 square feet and is improved with a retail building and a single family residence. The property was appraised by Roger Turner Company and a value of $2,145 was established for the taking. The owner originally countered at $6,000 and has agreed to sell the property for $3,500. Inspection of the property found that the taking is such that the retail building will lose its signage. Because of this and coupled with the cost of eminent domain, acceptance of the offer is recommended. The Budget of $3,550 includes $3,500 for the acquisition, and $50 for closing costs. This is the seventh tract acquired for the project. After the purchase of this property, fifteen (15) will remain to be acquired through either negotiation or eminent domain. A budget of $29,983 has already been approved for the previously acquired tracts. Motion -- Knight moved that the Budget and the Contract be approved and the Mayor be -- carried authorized to sign. Motion carried 7 to 0. BUDGET ADJUSTMENT BUDGET ADJUSTMENT - CITY HALL PARKING GARAGE. Agenda Report No. 97-529. When the 1997 (Adopted) budget was prepared in early 1996, it was anticipated that the City Hall parking complex would be staffed by City employees. This budget included $78,360 for wages and $7,220 for employee benefits. In late 1996 AMPCO was hired to manage the complex on a monthly fee basis. The 1997 (Revised) budget reflects this change but will not be approved and implemented until later in 1997. Until then, the garage complex will operate under the 1997 (Adopted) budget. Because of this, the garage complex is currently experiencing a budget failure in Contractuals. Funds are available in Personal Services to cover the cost of the management contract until the 1997 (Revised) budget is approved. With the change in operations, the complex will accrue no Personal Services costs in 1997. The transfer of $85,580 is necessary at this time to pay for the management contract. All available contractual funds have been expended for year-to-date payments. As this is a just a reclassification of approved expenses and not an increase in the overall budget, this transfer will not adversely affect the City Hall Garage Complex's operations. Budget transfers/adjustments greater than $10,000 require City Council approval. Motion -- Knight moved that the necessary budget adjustments be authorized. Motion carried -- carried 7 to 0. PROPERTY DISPOSITION CHANGE ORDER TO INCREASE SALE PRICE OF 2603 NORTH BULLINGER. (District VI) Agenda Report No. 97-530. 2603 N. Bullinger is a City-owned unit. The unit is one of the relocated homes from the McLean Boulevard widening project. The City Council approved the sale of 2603 N. Bullinger in the amount of $64,000, on May 20, 1997. Since that time, the buyers have been approved for financing and the home has been remodeled per the agreed upon plans and specifications. No purchase assistance is being provided to the buyers through any of the City sponsored programs. During rehabilitation construction, the buyers requested change orders in the amount of $3,256. The changes include upgrading the quality and number of kitchen cabinets, upgrading the quality of floor coverings and adding additional linen storage in the bathroom. In order for the buyers to obtain a higher loan amount and offset the cost of the change order, the buyer has requested that the purchase price be increased to include the total cost of the change order. The buyers' lender will not permit an increase in their loan amount without an increase in the sale price. A new appraisal is being prepared to reflect the higher purchase price at the expense of the buyer. The City is raising the sale price to cover the change order's expenses and shall receive the net proceeds as estimated in the original contract and City Council approval. 2603 N. Bullinger is legally described as Lot 4 Northridge Addition, City of wichita, Sedgwick County, Kansas. Motion -- Knight moved that the change order be approved and the sale price be increased to $67,256, and the Mayor be authorized to sign the contract addendum. Motion -- carried carried 7 to 0. COLEMAN HEADQUARTERS APPROVAL OF RELOCATION INCENTIVES FOR COLEMAN HEADQUARTERS MOVE. Agenda Report No. 97-531. In 1994, as part of a corporate restructuring, the Coleman Company moved its corporate headquarters to Golden, Colorado, and with it many of the companies top executives. Wichita, which had recently issued industrial revenue bonds for the construction of a new headquarters building at the company's north Hydraulic plant, became the headquarters of Coleman's North American Recreational Projects Division. In 1997, additional changes were made in the management of the Coleman Company and the new chairman contacted City officials to explore the possibility of moving the company's corporate headquarters back to Wichita. City, County,, and State officials met with Coleman representatives over several weeks and developed an incentive package to offer Coleman as an inducement for such a move, subject to final approval of the governing bodies. The incentive package offered to Coleman is aimed primarily at easing the burden and costs of physically relocating from Golden, Colorado, to Wichita. The package includes the following elements: * $250,000 cash contribution from the City and County ($125,000 each) to defray relocation expenses of the Company. * $250,000 forgivable loan from the State of Kansas under its Kansas Economic Opportunity Incentives Fund (KEOIF) program, for office relocation and remodeling. * The State of Kansas will work with coleman to develop training programs and to assist in its on-going retraining needs. * The City will accept an application for issuance of additional IRBs for company improvements and consider tax abatements, including an extension of the existing letter of intent issued in 1993. * State Enterprise Zone benefits, including job creation tax credits and investment tax credits. * Assistance with orientation and familiarization of Coleman employees and their families moving to the Wichita area, including special tours, referral to Realtors and use of the Job Spouse Network. The State has given preliminary approval of the KEOIF funding, subject to completion of documentation. The county Commission is scheduled to consider approval of their contribution to the incentive package soon after the Council's action. The funding source for the City's cash contribution of $125,000 will be appropriated general fund reserves. Motion -- Knight moved that the Council approve the proposed incentive plan as presented. -- carried Motion carried 7 to 0. ORDINANCES SECOND READING ORDINANCES. (First Reading June 10, 1997) a. South Broadway Viaduct over Union Pacific Railroad Tracks. (District III) ORDINANCE NO. 43-500 An ordinance declaring Broadway, from MacArthur to 31st Street South (former U.S. 81 viaduct) 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 5 to 2. Yeas: Cole, Gale, Kamen, Rogers, Knight. Nays: Ferris, Lambke. b. Tax Exemption Request - Therm-O-Coat, Inc. (District VI) ORDINANCE NO. 43-501 An Ordinance exempting property from ad valorem taxation for economic development purposes pursuant to Article 11, Section 13, of the Kansas Constitution; providing the terms and conditions for ad valorem tax exemption; and describing the property of Therm-O-Coat, Inc., so exempted, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. c. IRB - Broadmoor at Chelsea. (District II) ORDINANCE NO. 43-497 An Ordinance authorizing the City of Wichita, Kansas, to issue its Multi-family Housing Revenue Bonds (Broadmoor at Chelsea Apartments Project) Series No. V-A, 1997 in an aggregate principal amount not to exceed $5.2 million and its subordinate Multi-family Housing Revenue Bonds (Broadmoor at Chelsea Apartments Project) Series No. V-B, 1997 in an aggregate principal amount of not to exceed $800,000 for the purpose of financing the acquisition and rehabilitation of a commercial multi-family housing project; authorizing execution of indentures, financing agreements, regulatory agreement, bond purchase contract, bond replacement agreement, base lease and sublease; authorizing and approving certain documents in connection with the issuance of said bonds; and authorizing certain other actions in connection with the issuance of said bonds, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. d. IRB - Cessna Aircraft Company. ORDINANCE NO. 43-496 An Ordinance authorizing the City of Wichita, Kansas to issue its Airport Facilities Refunding Revenue Bonds, Series III, 1997 (Cessna Citation Services Center Project) in the aggregate principal amount of $11,245,000 for the purpose of refunding the City's Airport Facilities Revenue Bonds, Series II, 1990 (Cessna Citation Service Center Project); authorizing execution of a trust indenture by and between the City of Wichita, Kansas, and Intrust Bank, N.A., Wichita, Kansas, as trustee; authorizing execution of a first amended sublease and subordination agreement by and between the Cessna Aircraft Company and the City of Wichita, Kansas; authorizing execution of a first amended sublease by and between the City of Wichita, Kansas, and the Cessna Aircraft Company; and authorizing the execution of the bond purchase agreement with respect to the bonds by and among the City, the Cessna Aircraft Company, and Piper Jaffray, Inc., as purchaser of the bonds, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Cole abstained) Yeas: Ferris, Gale, Kamen, Lambke, Rogers, Knight. e. Z-3229 (Woodlawn Power Center Commercial). (District II) ORDINANCE NO. 43-502 An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. Z-3229 f. Annexation A 97-14 (Southwest Corner of 135th West and Central). ORDINANCE NO. 43-503 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, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. A 97-14 Third Reading Franchise Ordinance. (Second Reading June 10, 1997) ORDINANCE NO. 43-504 An Ordinance granting to KIN Network, Inc., the right and privilege to construct, operate, and maintain a fiber optic telecommunication system in the City of Wichita, Kansas, and prescribing the terms of said grant, read for the third time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. Second Reading Franchise Ordinances. (First Reading June 10, 1997) Motion -- Knight moved that the following Ordinances be read for the second time and under -- carried the rules laid over. Motion carried 7 to 0. a. School Services Leasing Bus Franchise. ORDINANCE An Ordinance granting to Wichita School Services and Leasing, Inc., the authority, right, and privilege to establish, maintain, and operate a limited bus transportation system upon and over streets, avenues, bridges, and places in the City of Wichita, Kansas, for the transportation of students to and from certain designated schools for hire and fixing the terms and conditions of such grant, read for the second time and under the rules laid over. b. Wichita Collegiate School Franchise. ORDINANCE An Ordinance granting to Wichita Collegiate School, a non-profit corporation, the authority, right, and privilege to establish, maintain, and operate a limited bus transportation system upon and over streets, avenues, bridges, and places in the City of Wichita, Kansas, for the transportation of students to and from certain designated schools for hire and fixing the terms and conditions of such grant, read for the second time and under the rules laid over. First Reading Ordinance - Special Assessments (Lot Clean Up). Motion -- Knight moved that the Ordinance be placed on first reading. Motion carried -- carried 7 to 0. ORDINANCE An Ordinance making a special assessment to pay for the cost of abating certain public health nuisances (lot clean up) under the provision of Section 7.40.050 of the Code of the City of Wichita, Kansas, introduced and under the rules laid over. PLANNING AGENDA Council Member Rogers left the Bench. Marvin Krout Director of Planning stated that Items 37 through 41 could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Knight moved that Planning Agenda Items 37 through 41 be approved as consensus -- carried Items. Motion carried 6 to 0. (Rogers absent) S/D 96-34 S/D 96-34 - PLAT OF THE AUBURN HILLS COMMERCIAL ADDITION LOCATED SOUTH OF MAPLE AND EAST OF 135TH STREET WEST. (District V) Agenda Report No. 97-532. Staff Recommendation: Approve the plat. MAPC Recommendation: Approve the plat. This site is subject to the Auburn Hills Commercial CUP, DP-219. Joint access easements between Lots 1, 2, and 3; a cross lot surface drainage agreement, a drainage easement, and a covenant providing for the creation of an owner's association and the maintenance of reserves has been submitted. Documents Restrictive Covenant for Lots 1, 2, and 4; Drainage Easement dated May 24, 1997, by Edward and Rita Neville for part Reserve C, Auburn Hills Commercial Addition, NW1/4 S25 T27S R2W; Cross Lot Surface Drainage Agreement for Lots 1 through 4; Grant of Joint Access Easement dated May 24, 1997, from Edward and Rita Neville for 30' in Lot 1, Auburn Hills Commercial Addition, Lots 1, 2, and 3, and Joint access easement between Lots 1 and 2 - all in NW1/4 S25 T27S R2W; and Certificate of Petitions. 100 Percent Petition for construction of Water Distribution System Number 448-89156 (south of Maple, east of 135th St. West) ($57,500 S.A., $13,500 Water Utility Reserves) (Hold for development) 100 Percent Petition for construction of Lateral 9, Cowskin Interceptor Sewer (south of Maple, east of 135th West) Project No. 468- 82730 ($15,000 S.A.) (Hold for development) 100 Percent Petition for construction of Lateral 13, Cowskin Interceptor Sewer (south of Maple, east of 135th west) 468-82734 ($50,000 S.A.) (Hold for development) 100 Percent Petition for construction of Storm Water Drain No. 129, Project No. 468-82735 (south of Maple, east of 135th West) ($24,000 S.A.) (Hold for development) 100 Percent Petition for construction of Storm Water Sewer No. 487 (south of Maple, east of 135th West) Project No. 468-82736 ($40,000 S.A.) (Hold for development) 100 Percent Petition for improving of Maple Street and 135th Street West acceleration/deceleration lane to serve the Auburn Hills Commercial Addition, Project No. 472-82838 (south of Maple, east of 135th Street West) ($90,000 S.A.) (Hold for development) 100 Percent Petition for improving of 135th Street West from Maple Street to the south line of the Plat, Project No. 472-82841 (south of Maple, east of 135th Street West) ($28,000 S.A.) (Hold for development) Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 6 to 0. (Rogers absent) RESOLUTION NO. R-97-172 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89156 (south of Maple, east of 135th St. West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. RESOLUTION NO. R-97-173 Resolution of findings of advisability and Resolution authorizing construction of Lateral 9, Cowskin Interceptor Sewer (south of Maple, east of 135th West) Project No. 468-82730 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. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. RESOLUTION NO. R-97-174 Resolution of findings of advisability and Resolution authorizing construction of Lateral 13, Cowskin Interceptor Sewer (south of Maple, east of 135th west) 468-82734 presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. RESOLUTION NO. R-97-175 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Drain No. 129, Project No. 468-82735 (south of Maple, east of 135th West) presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. RESOLUTION NO. R-97-176 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Sewer No. 487 (south of Maple, east of 135th West) Project No. 468-82736 presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. RESOLUTION NO. R-97-177 Resolution of findings of advisability and Resolution authorizing improving of Maple Street and 135th Street West acceleration/deceleration lane to serve the Auburn Hills Commercial Addition, Project No. 472-82838 (south of Maple, east of 135th Street West) presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. RESOLUTION NO. R-97-178 Resolution of findings of advisability and Resolution authorizing improving of 135th Street West from Maple Street to the south line of the Plat, Project No. 472-82841 (south of Maple, east of 135th Street West) presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. S/D 96-82 S/D 96-82 - PLAT OF AUBURN HILLS COMMERCIAL SECOND ADDITION LOCATED SOUTH OF MAPLE AND WEST OF 135TH STREET WEST. (District V) Agenda Report No. 97-533. Staff Recommendation: Approve the plat. MAPC Recommendation: Approve the plat. Documents Restrictive Covenant and Certificate of Petitions from BER, LLC, by Jay Russell, for Lot 1 Auburn Hills Commercial Second Addition. 100 Percent Petition for construction of Water Distribution System Number 448-89155 (south of Maple, east of 135th Street West) ($63,000 S.A., $23,500 Water Utility Reserves) (Hold for development) 100 Percent Petition for construction of Lateral 10, Cowskin Interceptor Sewer (south of Maple, east of 135th West) 468-82731 ($10,000 S.A.) (Hold for development) 100 Percent Petition for construction of Lateral 11, Cowskin Interceptor Sewer (south of Maple, east of 135th West) 468-82732 ($10,000 S.A.) (Hold for development) 100 Percent Petition for improving of left turn bay in Maple Street to serve the Auburn Hills Commercial Addition, Project No. 472-82837 (south of Maple and east of 135th Street West) ($46,000 S.A.) (Hold for development) 100 percent Petition for improving of 135th Street West from Maple Street to the south line of the plat, Project No. 472-82840 (south of Maple, east of 135th Street West) ($13,000 S.A.) (Hold for development) Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign; and the associated zone change SCZ-0719 Ordinance be placed on first reading with publication of the Ordinance being withheld until such time as the plat has -- carried been recorded with the Register of Deeds. Motion carried 6 to 0. (Rogers absent) RESOLUTION NO. R-97-171 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89155 (south of Maple, east of 135th Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. RESOLUTION NO. R-97-179 Resolution of findings of advisability and Resolution authorizing construction of Lateral 10, Cowskin Interceptor Sewer (south of Maple, east of 135th West) 468-82731 presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. RESOLUTION NO. R-97-180 Resolution of findings of advisability and Resolution authorizing construction of Lateral 11, Cowskin Interceptor Sewer (south of Maple, east of 135th West) 468-82732 presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. RESOLUTION NO. R-97-181 Resolution of findings of advisability and Resolution authorizing improving of left turn bay in Maple Street to serve the Auburn Hills Commercial Addition, Project No. 472-82837 (south of Maple and east of 135th Street West) presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. RESOLUTION NO. R-97-182 Resolution of findings of advisability and Resolution authorizing improving of 135th Street West from Maple Street to the south line of the plat, Project No. 472-82840 (south of Maple, east of 135th Street West) presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, 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. SCZ-0719 S/D 97-22 S/D 97-22 - PLAT OF THE BROCK THIRD ADDITION LOCATED NORTH OF 13TH STREET NORTH ON THE WEST SIDE OF RIDGE ROAD. (District V) Agenda Report No. 97-534. Staff Recommendation: Approve the plat. MAPC Recommendation: Approve the plat. Document Agreement Establishing Cross Lot Access and Easement dated May 1, 1997, by Celeste Silva-Brock, Brock Third Addition. Motion -- Knight moved that the cross-lot circulation agreement be approved and recorded with the Register of Deeds; and the plat be approved and the Mayor be authorized -- carried to sign. Motion carried 6 to 0. (Rogers absent) S/D 97-26 S/D 97-26 - PLAT OF RIVERSIDE HEALTH SYSTEM ADDITION LOCATED AT THE NORTHWEST CORNER OF MAPLE AND 135TH STREET WEST. (District V) Agenda Report No. 97-535. Staff Recommendation: Approve the plat. MAPC Recommendation: Approve the plat. Documents Certificate of Petitions, Notice of Protective Overlay for Lot 1, Riverside Health System Addition, and Notice of Protective Overlay for Lot 2, Riverside Health System Addition, from Riverside Health Systems. 100 Percent Petition for construction of Lateral 12, Cowskin Interceptor Sewer (south of Maple, east of 135th West) 468-82733 ($36,500 S.A.) (Hold for development) 100 Percent Petition for construction of a deceleration lane on the north side of Maple Street, Project No. 472-82839 (south of Maple, east of 135th Street West) ($16,000 S.A.) (Hold for development) Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign; and the associated zone change SCZ-0717 and SCZ-0730 Ordinances be placed on first reading with publication of the Ordinances being withheld until such time as the -- carried plat has been recorded with the Register of Deeds. Motion carried 6 to 0. (Rogers absent) RESOLUTION NO. R-97-183 Resolution of findings of advisability and Resolution authorizing construction of Lateral 12, Cowskin Interceptor Sewer (south of Maple, east of 135th West) 468-82733 presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. RESOLUTION NO. R-97-184 Resolution of findings of advisability and Resolution authorizing construction of a deceleration lane on the north side of Maple Street, Project No. 472-82839 (south of Maple, east of 135th Street West) presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, 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. SCZ-0717 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. SCZ-0730 A-97-15 A 97-15 - REQUEST FOR ANNEXATION OF PROPERTIES GENERALLY LOCATED NEAR THE SOUTHEAST CORNER OF 135TH STREET WEST AND MAPLE ROAD. (District V) Agenda Report No. 97-536. Jay Russell and Auburn Hill, Inc., requested that property at the southeast corner of 135th Street West and Maple road be annexed into the City of Wichita. The property is currently an unplatted tract consisting of 18.77 acres and is part of the proposed residential development known as Auburn Hills. The property is bordered on the east by the current City boundary. Motion -- Knight moved that the annexation request be approved and the annexation -- carried Ordinance be placed on first reading. Motion carried 6 to 0. (Rogers absent) ORDINANCE An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, introduced and under the rules laid over. A-97-15 Council Member Gale left the Bench. A 97-16 A 97-16 - Establishing Future Public Hearing for the Annexation of Properties Generally Located East of Meridian, South and West of the Little Arkansas River and North of 57th Street North. (District I) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 97-537. The Resolution for consideration expresses an interest in annexing certain eligible properties to the City of Wichita and establishes a future public hearing date of August 19, 1997, 7:00 p.m. at Riverlawn Christian Church, 4243 North Meridian, Wichita, Kansas, during which the proposal for annexation, including the plan for extension of municipal services, will be presented and comments from all interested parties shall be heard. Council Member Cole Council Member Cole expressed preference for the hearing to be held in the neighborhood. Motion -- Cole moved that the Service Plan Report be accepted; and the Resolution setting the public hearing for August 19, 1997, in the annexation area, be adopted. -- carried Motion carried 5 to 0. (Gale, Rogers; absent) RESOLUTION NO. R-97-185 A Resolution declaring an interest in, and establishing a public hearing date for considering the annexation of certain lands to the City of Wichita, Kansas, presented. Cole moved that the Resolution be adopted. Motion carried 5 to 0. (Gale, Rogers; absent) Yeas: Cole, Ferris, Kamen, Lambke, Knight. (Council Member Gale present) 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 pending litigation and legal advice and the regular meeting be resumed no sooner than 11:35 a.m. in the City Council Chambers. -- carried Motion carried 6 to 0. (Rogers absent) RECESS Council recessed at 10:50 a.m. and reconvened in regular session at 11:50 a.m. Mayor Knight Mayor Knight announced that no action was necessary as a result of the executive session. Council Member Rogers present. (The Council took up Item 6 and action is shown in agenda order.) ADJOURNMENT The City Council adjourned at 11:55 a.m. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 163 JUNE 17, 1997 Page 1