MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, October 1, 1996 Tuesday, 9:08 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cather, Cole, Gale, Rogers; present. *Council Members Ferris and Kamen absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Kathy Pewewardy, Deputy City Clerk; present. The invocation was given by Rev. Paul O'Calloghan, St. George Eastern Orthodox. 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 September 24, 1996, were -- approved approved 5 to 0. (Ferris, Kamen; absent) AWARDS AND PRESENTATIONS PRESENTATION Professional Development and Supervisory/Management Certificates were presented. PROCLAMATIONS Mayor Knight presented the Proclamations previously approved. PUBLIC AGENDA COMMENTS BY PASTOR JANICE R. MARTIN. *Council Member Ferris present. Pastor Janice R. Martin Pastor Martin spoke regarding Chapter 7.41 of the City Code which regulates noise. Pastor Martin said churches should be allowed to make expression freely without interference from officials. There are noisy events throughout the City that do not have interference from officials. There should be some type of exemption for churches. *Council Member Kamen present. Pastor Martin also said churches should not have to file a special type of permit to hold outdoor services. Cities should not have the right to interfere with religious practices. An amendment should be made to Chapter 7.41 to address these concerns. UNFINISHED BUSINESS TAX EXEMPTION PUBLIC HEARING AND TAX EXEMPTION REQUEST - GRAPHICS SYSTEMS, INC. (District I) Continued from September 17, 1996, at the request of Graphics System. Chris Cherches City Manager Reviewed the Item. Agenda Report No. 96-759 A. A request from Graphics Systems, Inc. for a tax exemption on an expansion project, presented to the City Council on September 17, 1996, was deferred two weeks to October 1, 1996. The deferral was requested by Graphics Systems after submitting a revised list of machinery and equipment to be purchased that significantly changed the scope of the project. Graphics has been engaged in the manufacture of architectural signage and decal products since 1975. Graphics has 103 employees and expects to add another 19.5 new employees over the next 5 years. The revised $355,950 expansion project will consist of the following: Construction: 300 s.f. building addition $ 93,600 Machinery Purchases: Wide Belt Sander $ 8,000 Dust Collector System 18,000 Corner Rounder 1,300 Air Compressor 9,000 Beveler 800 Squeegee Surfacer 4,000 Screen Cleaner 15,000 Dahlgren Engraver 25,000 Air Dryer 2,800 Counting Scale 1,200 Gerber Edge 25,000 Color Printer 500 Finish Application Booth 56,500 Power Mac (2) 2,400 Horizontal Sander 500 Hot Stamp Machine 2,700 Screen Exposure Unit 4,000 14" Table Saw 1,650 Screen Presses 84,000 Total Machinery: $262,350 Total Project: $355,950 Under the City's Business Incentives Policy, Graphics Systems remains eligible for a 97.50% tax exemption for five years on real and personal property and for a 48.75% exemption on real property for a second five years. A notice of public hearing has been republished. Graphics will maintain a City of Wichita approved EEO/AA Plan for the full term of the Tax Exemption. The estimated first year taxes on Graphics revised $355,950 project under the 1995 mill levy on property within the Wichita City limits would be $9,132. Using the allowable tax exemption of 97.5%, the City would be exempting, for the first year, $8,904 of new taxes from the property tax rolls. Wichita State University's Center for Economic Development and Business Research has advised that the cost/benefit ratios for the revised project did not significantly change from the original proposed project. Graphics paid $36,534 in existing real and personal property taxes in 1995 and will continue to pay taxes on the existing property. The existing building and personal property will stay on the property tax rolls. The policy exemption equates to $457 of exempted taxes per each new job (19.5 new jobs). The estimated tax exemption will be shared among the taxing entities as follows: City - $2,441; County/State - $2,302; and USA 259 - $4,161. Allen Bell Finance Projects Director, responding to a question, said the application, applied for under the Constitutional Amendment, was processed pursuant to the written policy of the City Council without respect to the size. Unlike IRB tax abatements in which there is a negotiation process, this application was processed strictly pursuant to the written policy. Council Member Cole Council Member Cole stated that, at some point, she would like to look at the policy again because some things have changed and some things that were important to the Council when the policy was last reviewed may be less important today. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Bob Page Bob Page, CEO of Graphics Systems, Inc., said the tax exemption is very important. The exemption helps small businesses. The climate today is equally as tough as it was seven years ago. Motion -- Rogers moved that the Public Hearing be closed; a 97.5% tax exemption for five years on the construction of a building addition and the purchase of personal property and of 48.75% for a second 5 years only on the building addition be -- closed approved; and the ordinance be placed on first reading. Motion passed 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 Graphics Systems, Inc., so exempted, introduced and under the rules laid over. NEW BUSINESS (This Item was taken up later in the meeting. Action is shown in Agenda order.) CONDEMNATIONS REPAIR OR REMOVAL OF DANGEROUS AND UNSAFE STRUCTURES. Agenda Report No. 96-702 A On August 20, 1996, a report was submitted with respect to the dangerous and unsafe conditions of the buildings located on four (4) properties. The Council adopted resolutions providing for public hearings to be held on each of these condemnation actions at 10:00 a.m. on October 1, 1996. On August 5, 1996, the Board of Code Standards and Appeals (BCSA) held a hearing on the following properties: Property Address Council District (1) 531 N. Young 4 (2) 2045 E. 9th 1 (3) 1110 W. 23rd N. 6 (4) 2045 S. Waco 3 Pursuant to State Statute the Resolutions were duly published twice, on August 21, 1996, and August 28, 1996. A copy of each resolution was sent by certified mail or given personal service delivery to the owners and lien holders of record of each described property. (1) 531 North Young (District IV) Council Members Rogers left the Bench. Kurt Schroeder Acting Superintendent of Central Inspection reviewed the Item. Mayor Knight Mayor Knight announced that the public hearing was open and interested persons would be heard at this time. Motion -- Cather moved that the public hearing be closed, the resolution declaring the building(s) dangerous and unsafe structures be adopted, the staff recommended time frame to alleviate the findings be approved and any extensions of time granted to repair the structures would be conditioned on the following: (1) any back taxes now due are to be paid and taxes kept current, (2) the structures are to be kept secured, and (3) the premises are to be kept mowed and free of debris; if any of these conditions are not met, staff is directed to proceed to let for bids to demolish the structure; and the City Clerk be instructed to have the Resolution published once in the official city paper and advise the owners of -- carried these findings. Motion carried 6 to 0. (Rogers absent) RESOLUTION NO. R-96-370 A Resolution finding that the structure located on Lot 6, Block 4, Orchard Park Addition, Sedgwick county, Kansas. Addition to Wichita, Sedgwick County, Kansas, commonly known as 531 N Young, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Cather moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. (2) 2045 East Ninth (District I) Council Member Rogers present. Kurt Schroeder Superintendent of Central Inspection said this property was purchased at a tax sale early in 1996. The new owner is working on the property and about fifty percent of the work has been completed. The new owner continues to work on the property and would like time to complete the work. OCI is recommending 60 days to complete the work or removal; and that amounts due be paid within one week. Council Member Rogers Council Member Rogers stated that a procedure had been established in the City Council Office so that even after the OCI notice goes out to property owners the City Council Office sends and additional letter advising property owners to check with the Council Office so that these kinds of matters can be expedited. Council Member Rogers said he had not received notice of anybody in District I contacting the Council Office. It is upsetting that additional taxpayer money is being utilized to continue the use of the properties that are obviously in poor, poor shape. Council Member Rogers said there needs to be a greater articulation between the County, the Sheriff's sale, and the procedures in Central Inspection. People are buying properties on which the condemnation proceedings has been started. There needs to be a greater degree of articulation in terms of information that goes to people who buy the properties at Sheriff's sales. Motion -- Rogers moved that the public hearing be closed, the resolution declaring the building(s) dangerous and unsafe structures be adopted, the staff recommended time frame to alleviate the findings be approved and any extensions of time granted to repair the structures would be conditioned on the following: (1) any back taxes now due are to be paid and taxes kept current, (2) the structures are to be kept secured, and (3) the premises are to be kept mowed and free of debris; if any of these conditions are not met, staff is directed to proceed to let for bids to demolish the structure; and the City Clerk be instructed to have the Resolution published once in the official city paper and advise the owners of -- carried these findings. Motion carried 7 to 0. RESOLUTION NO. R-96-377 A Resolution finding that the structure located on Lot 8, Block 2, Parkmore Addition to Wichita, Sedgwick County, Kansas, commonly known as 2045 E. 9th, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Rogers moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. (3) 1110 West 23rd North (District VI) Kurt Schroeder Superintendent of Central Inspection said the property was purchased at a Sheriff's tax sale on September 11, 1996. The new owner, Jesus Arce, has cleaned and cleared the property. Mr. Arce is requesting time to complete evaluation and 60 additional days to complete repairs or demolition. Council Member Kamen Council Member Kamen said that people at auctions are making split second decisions and do not have time to look at all of the lists. There are hundreds of properties and there would be no way to check them out. Council Member Cole Council Member Cole added that there are also people purchasing properties at tax sales who have several condemnation cases outstanding. This only adds to the frustration. The problem continues with no abatement. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Jesus Arce Jesus Arce said he did not know about all the attachments on the property. People are buying property but they do not know what is behind. Mr. Arce requested time to repair the property. Kurt Schroeder Superintendent of Central Inspection said the exterior of the property (roof replacement and window areas) were the main items to be repaired to be in compliance; and the pending special assessments would have to be paid. Council Member Kamen Council Member Kamen said a policy is needed regarding what is to be done with the empty lots in the City. Mayor Knight left the Bench; Vice Mayor Cather in the Chair. Motion -- Cole moved that the public hearing be closed, the resolution declaring the building(s) dangerous and unsafe structures be adopted, 60 days to repair or remove the structure and 10 days to pay the outstanding assessment be given to alleviate the findings be approved and any extensions of time granted to repair the structures would be conditioned on the following: (1) any back taxes now due are to be paid and taxes kept current, (2) the structures are to be kept secured, and (3) the premises are to be kept mowed and free of debris; if any of these conditions are not met, staff is directed to proceed to let for bids to demolish the structure; and the City Clerk be instructed to have the Resolution published once in the official city paper and advise the owners of these findings. Motion -- carried carried 6 to 0. (Knight absent) RESOLUTION NO. R-96-378 A Resolution finding that the structure located on The West half of a tract beginning 29.52 feet West and 28 feet and 8 inches North of the Southeast Corner of the Northwest Quarter of the Southwest Quarter of Section 5, Township 27 South, Range 1 East of the 6th Principal Meridian, Sedgwick County, Kansas, thence North 100 feet, thence Wet 300 feet, thence South 100 feet, thence East to the place of beginning in Wichita, Sedgwick County, Kansas, commonly known as 1110 West 23rd N., Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Cole moved that the Resolution be adopted. Motion carried 6 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers. (Knight absent) (Council Members Rogers absent; Mayor Knight present) (4) 2045 South Waco (District III) Kurt Schroeder Acting Superintendent of Central Inspection reviewed the Item. Mayor Knight Mayor Knight announced that the public hearing was open and interested persons would be heard at this time. Motion -- Cather moved that the public hearing be closed, the resolution declaring the building(s) dangerous and unsafe structures be adopted, the staff recommended time frame to alleviate the findings be approved and any extensions of time granted to repair the structures would be conditioned on the following: (1) any back taxes now due are to be paid and taxes kept current, (2) the structures are to be kept secured, and (3) the premises are to be kept mowed and free of debris; if any of these conditions are not met, staff is directed to proceed to let for bids to demolish the structure; and the City Clerk be instructed to have the Resolution published once in the official city paper and advise the owners of -- carried these findings. Motion carried 6 to 0. (Rogers absent) RESOLUTION NO. R-96-371 A Resolution finding that the structure located on Lots 74 and 76, on Waco Avenue, in English's Ninth Addition to Wichita, Sedgwick County, Kansas, commonly known as 2045 S. Waco, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Cather moved that the Resolution be adopted. Motion carried 6 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. (Rogers absent) (Council Member Rogers present.) CDBG COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) GRANTEE PERFORMANCE REPORT. Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-806. The City is required to prepare an annual Grantee Performance Report for its CDBG program. This report is for the 1995-1996 year beginning July 1, 1995, and ending June 30, 1996. During this period, City of Wichita residents received direct benefits in 16,126 instances from housing and public services activities compared to 11,730 the previous year. Wichitans also benefited from 9,000 lineal feet of curb and gutter, 8,300 square feet of driveway repair, 30,254 square feet of sidewalk repair, and construction of 118 wheelchair ramps. Approximately 33 percent of 1995-1996 expenditures were for housing activities compared to 42 percent the previous year. Approximately 23 percent of 1995-1996 expenditures were for public services compared to 27 percent the previous year. Total expenditures during the program year were $4,955,978, compared to $4,623,500 the previous year. Funds on hand June 30, 1996 were $4,225,088, compared to $4,336,598 June 30, 1995. Of funds on hand, $2,524,770 remain in open project budgets, including $925,835 in revolving funds for housing activities. Funds on hand also include $1,157,550 for activities approved by the City Council in the 1996/1997 One Year Action Plan. The City is required to provide for citizen review/comment prior to submitting the report to the Department of Housing and Urban Development. The report has been made available in the Finance Department, CPO office, Human Services Department and City Council Office. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cather moved that the Public Hearing be closed; the annual CDBG Grantee Performance Report be received and filed; and staff be authorized to submit the report to the U.S. Department of Housing and Urban Development. Motion carried -- carried 7 to 0. HAUNTED HOUSES AMENDMENT TO CITY CODE PERTAINING TO HAUNTED HOUSES. Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-807 For a number of years the City of Wichita has regulated the operation of haunted houses, Halloween houses and mystery mansions by requiring the operators to obtain a license, inspection of the premises and certain requirements pertaining to the materials and design of the activities. In recent years this has proved to be a somewhat cumbersome process because of the involvement of three separate City departments -- Police, Fire and Central Inspection. For the past several months representatives of these departments as well as the Department of Law have met to discuss ways in which this process may be streamlined while still protecting the public from potentially hazardous conditions. The proposed ordinance is the result of these discussions. Section 3.22.020 of the Code is amended to clarify that these activities are not generally to be permitted in residential zoning districts unless located in a church, school or other institutional setting and the period of time is increased to thirty days before and thirty days after Halloween to permit operators adequate time to set up and take down the decorations. Section 3.22.060 of the Code is amended to require the structure to comply with currently adopted construction codes, delete the required approval of the Police Department and to permit the use of other than permanently installed telephone equipment to meet the requirement for a telephone being available on the premises for emergency purposes during the times the premises are open to the public. Motion -- carried Cole moved that the ordinance be placed on first reading. Motion carried 7 to 0. ORDINANCE An Ordinance amending Sections 3.22.020 and 3.22.060 of the Code of the City of Wichita, Kansas, pertaining to the rules and regulations for haunted houses, Halloween houses, and mystery mansions, and repealing the originals of these sections. (This Item considered later in the meeting. Action is shown in Agenda order.) CORRECTIONAL HOUSING PUBLIC HEARING: ALTERNATIVE CORRECTIONAL HOUSING. Council Member Cole Council Member Cole reviewed the Item. Agenda Report No. 96-807 The Alternative Correctional Housing Task Force, co-chaired by Council Member Joan Cole and Commissioner Melody Miller, began weekly meetings in February 1996 to study concerns raised by neighborhoods and the judicial system over alternative correctional housing. These are community-based living arrangements which provide structured residential facilities as an alternative to incarceration in state penal institutions or the County jail. As a result of the Task Force's meetings, research, and public hearings on March 18 and June 24, 1996, a Preliminary Report dated July 16, 1996, was prepared and shared with the City Council, County Commission, and MAPC in separate workshops. The Report has also been considered by CPOs. The Task Force Report, previously provided to the City Council, calls for - Requiring alternative correctional housing facilities to be licensed. - Approving "Steps for Licensing" for new and existing facilities. - Requiring applicants to meet criminal record check requirements. - Amending the zoning code definitions and permitted classes. - Requiring facilities to meet minimum standards for operation as certified by a program auditor. - Establishing a City/County Correctional Housing Board to regulate and govern standards of operation. This Report was modified slightly before final approval by the Task Force to 1) remove regulation of juvenile facilities (which will be subject to further study), and 2) some changes to the advisory board structure. The Report was unanimously approved as the recommendation of the Task Force. In addition, there was a "Minority Report." This minority report supported density requirements concerning the spacing of facilities. The Law Department was asked to draft an ordinance reflecting the recommendations of the Task Force. The minority report recommendations are also incorporated into the draft ordinance for consideration by the Council. This draft ordinance creates the framework for implementation of the recommendations. The Council and Board should take further action to draft some of the policies and procedures necessary to implement the ordinance. The recommendations, except for zoning text amendments, have been combined into one ordinance which is submitted for Council consideration. The Task Force recommendation is based upon joint or concurrent City/County action, but each body may act independently. This ordinance will establish a new chapter in the City Code. The facility subject to license in this ordinance is called a "correctional placement residence" which is also the terminology recommended for the zoning changes. This facility is a residence for offenders who reside in the facility due to enumerated criteria that includes placement prior to, following, or instead of incarceration. It does not include group homes for persons with disabilities or voluntary group living arrangements (such as fraternities and sororities). The ordinance creates the Wichita/Sedgwick County Correctional Housing Board. The Board is made up of 21 members appointed by the City Council and County Commission (10 each plus ALARM). The membership reflects an expanded version of the representatives that made up the Task Force. The Board would have quarterly meetings. The duties of the Board include: - Establish licensing standards and procedures consistent with the ordinance. - Make recommendations to MAPC on zoning changes related to correctional placement residences. - Select and recommend a program auditor and technical assistance consultant to the City Council. - Provide recommendations on policy and funding issues to the governing bodies. - Appoint a Regulatory Committee from its membership. Any decisions by the Board become recommendations to the appropriate governing body in the event of an appeal or upon a request by the governing body to consider the action. The Board appoints a five-member Regulatory Committee from its membership (with certain exceptions for those with potential conflict). The Committee meets monthly. It serves as a board of appeals for the grant or denial of licenses by Staff and on the interpretation of license standards in a specific case. The Committee may also revoke licenses upon notice and hearing. Appeals may be taken from the Committee to the Governing Body. A "person aggrieved" by the grant or denial of a license by the Regulatory Committee, as well as the regulations of the Board, is broadly defined to include facility owners/operators and impacted neighborhood residents. Applications for facilities in the City are handled through the City license office, with review of various elements by Central Inspection, Police, Fire, and Health. The detailed "Steps for Licensing" recommended by the Task Force are not necessary for the ordinance but may be adopted by the Board as the procedural steps in the licensing process. All correction placement residences in existence on the effective date of the ordinance and all new facilities must seek a license which requires: - Life, health, and safety inspections. - A program audit by the auditor and includes compliance with minimum license standards. - Appropriate zoning, including legal non- conforming use (which may apply to some facilities existing prior to August 1989). The current UZC requirements and definitions would be used unless or until amendment is made to the zoning text. - Criminal records check of owners and managers/operators. - Notification to the Police Department if the facility houses clients with sexual predator convictions. - Notification to the neighborhood if the facility houses clients convicted of sexual offenses or child molestation. - Proof of ADAS license if required for alcohol and drug programs. - Spacing (density) requirement. An application will be considered pending if the facility needs to correct inspection or audit deficiencies or seek conditional use approval or rezoning; existing facilities have 90 days to meet these requirements. The program auditor or technical consultant will assist facilities in meeting their requirements. Facilities must be licensed (including the program audit) annually. License fees will be in an amount recommended by the Board and approved by the Council. The applicant will also have to pay the program audit fee. The City will have the ability to hire or contract with a qualified auditor to review the facility programs and assist with applications. The ordinance sets 26 minimum standards that must be met by all facilities to be licensed and continue in operation. Violation of the ordinance, including operation without a license, is a misdemeanor offense subject to a fine. The Regulatory Committee may also deny or revoke licenses for violations. This provision is adopted from the Minority Report. A new facility may not be established that is within 1,200 feet of an existing facility. Facilities in existence on the date of the ordinance are exempted from this prohibition. A 90-day lapse in operation subjects a formerly existing facility to the spacing requirement. The ordinance is drafted so that the Regulatory Committee may allow some adjustment of this distance requirement in unique situations. The spacing requirements are proposed to be adopted under the City's police powers as a licensing requirement rather than as a zoning definition. The proposed ordinance does not include the zoning changes recommended by the Task Force. Zoning changes must be adopted by procedures established by State law and will require MAPC hearing and recommendation. It is also the recommendation of the Planning and Law Departments that every effort be made to have the City and County adopt the same zoning language in order to keep the new Zoning Code unified. The proposed ordinance with this agenda is an independent procedure on licensing and may be adopted and enforced irrespective of the zoning amendments although, as noted in the Report, there are problems with the current classifications. If the ordinance is adopted without the concurrent zoning changes, staff feels there will be some enforcement problems. There are a number of alternative approaches, some of which would still be consistent with the Task Force recommendations. The following address decisions made by the Law Department in this draft of the ordinance. 1. The spacing requirements may be made stricter or more flexible; the ability for the Regulatory Committee to adjust in some situations has been added to the Minority Report recommendation. Alternatively, the Council may delete spacing requirements. 2. The ordinance establishes the effective date of January 1, 1997, for the licensing requirements. This will allow time for consideration of zoning changes and for the Board to get organized and establish procedures. Alternatively, the ordinance is sufficient to be effective immediately upon the date it is adopted. 3. The Board is established as a joint City/County board. Alternatively, it may be restructured as a City board. The Council also has the option of working with the County to adopt the provisions through a joint ordinance/resolution. There will be costs for staffing the Board and staff time and expense for conducting inspections and reviewing applications. These expenses can be off-set in total or in part by the license fees that are established. Mayor Knight momentarily absent with Vice Mayor Cather in the Chair. Council Member Cole Council Member Cole said that today she was not recommending that the City go forward with the zoning code change, primarily because Sedgwick County Commissioner Melody Miller has made it very clear that the County is not in favor of the zoning code change. The County is supportive of new homes going into neighborhoods - they think that is appropriate. It is thought that regulation can be done by including the density requirement which has been written into the ordinance being considered. The density requirement be recommended is that new facilities not be allowed within a 1,200 feet area of existing facilities. A new facility would be required to be at least two blocks from an existing facility. All existing homes that meet licensing requirements would be grandfathered. There are many facilities which are illegal and should be removed. Today, it is preferred that the ordinance be enacted and the license process begin. Then, the process can be observed over the next three months to see what problems occur. Council Member Rogers momentarily absent. Mayor Knight Mayor Knight inquired if anyone wished to be heard. OmPal Chauhan OmPal Chauhan, representing the Rental Association, said he had not talked to anyone about this matter and asked that action be deferred until he could review the matter and make recommendations. Council Member Cole Council Member Cole said she did not wish to wait. Sharon Feary Sharon Feary, Historic Midtown Association, said the homes have been a concern. The facilities seem to be everywhere and the more homes there are, the more complaints there are. The facilities should be regulated and controlled. A zoning ordinance would help with the density problem. Joe Lang First Assistant City Attorney said the current zoning code, with the definition of back-ended and front-ended, is probably the biggest concern because that terminology is very hard to apply. The proposed zoning changes would collapse those terms and would take care of a lot of the enforcement problems. There are other minor issues. Council Member Kamen Council Member Kamen said the density factor suggested would allow a facility to be right next door to a residence, not just within two blocks. Judy Nagel Judy Nagel said the regulations would be very beneficial. There needs to be regulation over the homes. Rosalee Gravley Rosalee Gravley, North Riverside Association, said there is no one enforcing the rules at these houses. Now, if there is a problem, citizens must call 9-1-1. There needs to be some type of regulation and density control - including the density of the population within the houses. James Roseboro James Roseboro, Wichita Independent Neighborhoods Community Action Committee, read a letter supporting the recommendations contained in the Task Force Report, including the Minority Report calling for a density requirement that would not allow two such facilities to be any closer than 1,200 feet, approximately two blocks. In addition, the Committee asked that any such facility be located at least 1,500 feet from any school and that the inspections be increased to twice per year. Chuck Hadley Chuck Hadley, South Central Improvement Alliance, said one of the main concerns is the issue of supervision. Rev. Hadley explained that it was his understanding of the ordinance that it would be the owner/operator/manager who could not have been convicted of a felony. It would be okay to hire those with convictions as they are helpful as counselors. Fran Crowley Fran Crowley, Chisholm Creek Association, spoke in favor of the proposed ordinance. Ms. Crowley asked whether OCI would be enforcing the law. Licensing is an improvement. Council Member Cole Council Member Cole said the current ordinance is vague and is difficult for OCI to enforce. Elizabeth Bishop Elizabeth Bishop, Wichita Independent Neighborhood Association, reviewed a Petition which was circulated by the Eastridge Neighborhood Association. The Petition stated that it was the general consensus of the group that they are not in favor of having any alternative correctional housing in their neighborhood. There are too many other concerns within the neighborhood and additional concerns are not wanted. Ms. Bishop added that if alternative housing is absolutely necessary, there should be 24 hour supervision and density control. In the future, the Council should look at how enforcement can take place. Ms. Bishop raised the question of, as the houses go through the process of becoming legal, whether there might be a move to become boarding houses which would not be covered. Lynn Dickerson Lynn Dickerson, Clinical Director for Behavioral Consultants, spoke in favor of the proposed changes. Mr. Dickerson said Behavioral Consultants recently bid a contract with the Department of Corrections in which the recommendations of the committee were incorporated. The price, per client day, to meet those qualifications in a single house with 24 hour monitoring and all the other requirements, would be $19.20 per day/per client (assuming 100 percent pay on a base of 20 clients). Additionally, the cost by the Committee's people from the Fire Department would cost an additional $15,000 to $19,000 per house to meet the upgrade required to meet the fire protection codes. Mr. Dickerson said that if the halfway houses are left in the communities, there can be no way they can be operated on a self-pay basis. The houses would be required, at that point, to obtain some type of funding. Mr. Dickerson said he believed the houses ought to be zoned out of Midtown. In order to be able to upgrade a halfway house to a correctional facility, clients will have to be concentrated in the numbers of somewhere near 100 to effectively meet the American Correctional Association's Standards or some similar standards and, at the same time, be financially viable for private industry. Reintegration programs are needed in Wichita. If there is no alternative form of halfway house, the element will be living in the neighborhoods anyway. The regulations need to be enforced. Beth King Beth King, College Hill Neighborhood Association, spoke in support of the recommendations of the Task Force and the density requirement. Ms. King said that when Council Member Cole came to the College Hill Neighborhood Association on September 5, 1996, she explained the conversation with Commissioner Miller and that the County was not favoring the recommendations of the Task Force. The College Hill Neighborhood Association supports the Task Force recommendations as written but there was not a strong feeling that that was the only way it needed to be. A lot of the neighborhoods are coming from the perspective, right now, that they do not want to challenge what is going on in the zoning situation because they do not want to hold this ordinance up. Some of the members of the College Hill Neighborhood Association did find the zoning provisions rather confusing. Some of the zoning recommendations in the Task Force Report are a little bit more stringent than the current code. Certainly, the recommendations will be clearer and more easily enforced. There should be some sentiment from the City Council as to adopting the zoning recommendations presented. Perhaps there needs to be some thought given as to why the County will not support this. It is hoped the operating requirements will be enacted as soon as possible. Candace Lautt Candace Lautt, Director of the Peace and Justice Center, spoke in support of halfway houses that provide alternatives to incarceration and help reintegrate offenders into society. It is recognized that there is legitimate concern about some of the halfway houses that provide inadequate supervision and, therefore, raise neighborhood concern about safety. The Center supports the licensing of halfway houses and reasonable licensing fees intended to upgrade the facilities (not to put them out of business). The Center opposes the recommendations that halfway houses be located only outside residential neighborhoods. If the purpose of halfway houses is to help residents learn how to live as responsible citizens in the community, part of that purpose is learning how to be a good neighbor. The Center recognizes the concerns of some neighborhoods, including the Midtown neighborhood, in which there is a concentration of halfway houses. Too many of these facilities threaten the safety and well-being of a neighborhood. The Center believes that some of the concerns will be alleviated once the facilities are licensed but the Center would also support some restrictions on the number of halfway houses that could be built in any given area. Motion -- Cole moved that the ordinance establishing The Wichita/Sedgwick County Correctional Housing Board, and licensing requirements for Correctional Placement Residences be placed on first reading; and that the Task Force's recommendations for Zoning Code amendments be referred to the MAPC for consideration. Motion -- carried carried 7 to 0. ORDINANCE An Ordinance of the City of Wichita pertaining to Alternative Correctional Housing and creating the Wichita- Sedgwick County Correctional Housing Board and Establishing Licensing Requirements for Correctional Placement residences, introduced and under the rules laid over. BROOKS LANDFILL BROOKS LANDFILL REMEDIATION - PREFERRED ALTERNATIVE. Agenda Report No. 96-809 The Kansas Department of Health and Environment (KDHE) recently approved a five-year operating permit for Brooks Landfill. This permit (Permit No. 213) specifies a total of 12 Special Conditions that the City of Wichita shall meet regarding the operation of the Landfill during the five-year time period. The City is currently on schedule regarding compliance with these permit conditions. Special Condition #1 is that the City of Wichita submit a preferred remediation alternative method from the various alternatives proposed to KDHE in the Addendum to the Assessment of Corrective Measures. This submittal will propose the method the City prefers to address the Brooks Landfill ground water contamination. The submittal is due to KDHE prior to October 9, 1996. Based on the recommendation of the City's consultant and staff, the preferred method of clean-up consists of the following phases: 1. Containment and treatment of the southern (downgradient) portion of the contaminant plume through the use of an extraction well. Based on the permit conditions of KDHE, this system is to be installed by September 30, 1997. The well would be located in the vicinity of K-96 and I-235 Highways. SPECIAL NOTE: This ground water extraction and treatment system will generate a minimum of 0.5 million gallons of water per day. In discussions with the KDHE and Water Department staff, it is proposed that this water be handled in one of the following methods: a. Treat the extracted water to drinking water standards and pipe into the City of Wichita's Meridian Avenue Water Supply line from the Equus Beds well field to the Wichita Water Treatment Plant for use in the City's water system. b. Disposal of the extracted water through a discharge structure into the Arkansas River. Both options will be submitted to KDHE as alternatives. These options will be further reviewed and brought back to the City Council for a final decision as part of the design process. 2. Installation of an air sparging (air injection) system at the source of the contamination along the perimeter of Cell C. The permit conditions require this system to be installed by December 31, 1997. Air sparging is done beneath the surface and does not involve ground water extraction. 3. The option of conducting a pilot test to determine the feasibility of the use of methane injection/bioremediation technology for injection into the sparging system subject to KDHE approval. 4. The option of submitting a plan to KDHE for additional source control at Cell B of the Landfill for the purpose of enhancing the source control efforts defined in item #2 above. Funding for this project is proposed to be provided through the Landfill Fund. The estimated cost of construction is $3.5 million. Annual operating and maintenance expenses are estimated to be $250,000 per year over a 30-year operating period. The 1997 Adopted Budget for the Landfill Fund assumed the issuance of General Obligation Bonds for the construction costs. A Resolution authorizing the project and the issuance of General Obligation Bonds for the construction was adopted by the City Council on September 24, 1996. In light of planned operation of Brooks for only up to five more years, new financing strategies must be considered to fund long-term costs. A plan of finance to cover the capital and operating costs for Brooks Landfill's long-term issues (groundwater contamination, closure, and post-closure) will be returned to the City Council at a later date. Adjustments to the financing of the groundwater contamination control may be made at that time. Submittal of the preferred remediation alternative prior to October 9, 1996 is a requirement of the Brooks Landfill Vertical Expansion Permit. Permits will be required from the Kansas Department of Transportation (KDOT) to allow work or installations within the highway right-of-way. Roger Wilson Roger Wilson, Camp Dresser & McKee (CDM), showed slides, explained the remediation process, and reviewed the alternatives and options. The groundwater contamination flows in a southeast direction from Cell C. The chemicals of concern are dichlorethyene, vinylchloride, and arsenic. The contamination of arsenic was very limited offsite. The dichlorethyene and vinylchloride travel about 5,900 feet downgradient of Cell C. The source appears to be in the southwest corner of Cell B. There is no river contamination and there is no contamination of private wells in the area. Over forty different technologies were evaluated and were combined into alternatives. And, working with the Kansas Department of Health and Environment (KDHE) and the City, a preferred alternative was developed. All alternatives evaluated include (1) hooking up any residents in Meridian Gardens to City water, (2) institutional controls to prevent further use of contaminated groundwater for drinking purposes, and (3) continued monitoring. Advantages of the raw water pipeline discharge are easier construction (no dikes to go through, less piping, easier permitting), City gets a raw water source of about .5 million gallons per day, and capital cost savings of about $300,000. Either option would require treatment before discharging. The bioremediation has a potential for being less costly but was not selected because it is not conventional technology. KDHE wanted extensive testing which would slow the project down. The decision was to go with the conventional option to speed up the process and retain the option to go back and retrofit the system. The system would be less costly because there would be no need to inject as much methane as air. The injection rates would go down and, potentially, save on operation and maintenance. How long the $250,000/year for operation and maintenance is a difficult question. A standard 30-year cost estimate was put together. The net present value, over 30 years is about $7.3 million for this operation. It is thought that the downgradient system will definitely be shut off before 30 years. The aquifer will be cleaned up before 30 years - maybe in the time-frame of 10 to 15 years. Only the contaminents in the offsite groundwater are dichlorethyene and vinylchloride which will both, definitely, be removed. There are some inorganic parameters like chlorides and carbonates which contribute to general water quality but are not a health concern. The inorganics will not be removed. The arsenic will be removed by the sparge system and will not move downgradient. All the chemicals will be monitored to ensure the sparge system is working. Downgradient, there is no arsenic at all (south of K-96). The groundwater direction is well defined in a southeast direction. The process "covers the whole perimeter of Cell C - that would capture everything coming from Cell C, and B, and A, and D." Regarding future capital costs and future leaks, Mr. Wilson said, "This should do the offsite groundwater, for sure." David Warren Director of Water and Sewer said there are some advantages to the Sewer and Water Utility in receiving the water. The water would be pumped directly into the 48" raw water pipeline coming from the equus beds and go directly to the water treatment facility. The offset of .5 million gallons/day in needs from the equus beds does have some beneficial impact in terms of usage of the equus beds and the amount of time it would take the City to recharge. In the overall scheme, the impacts are probably fairly small but they are a positive. Council Member Kamen Council Member Kamen said that, sometime in the future, he would like the figures to see to what extent they offset the $250,000/year. David Warren Director of Water and Sewer, responding to a question regarding the use of the water following treatment, stated that, from the standpoint of public information there is a challenge that the City needs to address. If the City will provide citizens with good, accurate, and timely information on what exactly is being done and the impacts, it is believed the public acceptance is very likely to occur. "I, personally, have no qualms at all about my wife and children drinking this water." Council Member Cather Council Member Cather stated that $300,000 to inform citizens and to let them feel safe would just about wipe out any $300,000 savings. Roger Wilson Roger Wilson, answering a question, said the further groundwater contamination that would be stopped would be for offsite contamination. Mr. Wilson stated, "I do not think there will ever be any leakage in Cell D." Some extensive probes were put between Cells C and D and there was no leakage from Cell D right now. Whatever is done to add more waste to Cell D will not increase the likelihood that contamination would come out of Cell D. The construction techniques for Cell C were not as good as the techniques for Cell D. The disposal put in Cell C was not as good as in Cell D. There is a program to look at the source that is clearly thought to be coming from Cell B. If there starts to be leakage from Cell D, the remediation for Cell C would catch the leakage from Cell D at "that perimeter." The contamination from Cell D would go southeast and most of it would be caught by the Cell C remediation. There could be some extension required of the air sparging system a little bit to the south - but that is not anticipated. Mr. Wilson confirmed the statement that 'Camp Dresser & McKee is telling the Council that no kind of leakage is expected from Cell D.' Motion -- Knight moved that the rules be set aside and the Council take up Item 3 -- carried (time certain). Motion carried 7 to 0. (The Council took up Item 3 (action is shown with the Item in Agenda order) and then returned to this Item (continued below).) Steve Lackey Director of Public Works clarified that the answer is "maybe" regarding the recommended system being able to take care of any future contamination at Brooks Landfill. If there were leakage in the southern-most end of Cell D in the future, the air sparging system would, in most likelihood, need to be extended and there would be additional costs. With the permitting conditions granted to the City by KDHE, the City is required to install more wells between Cells C and D and if there were ever any contamination from Cell D, it would be known quicker. It is guessed that KDHE would require the City to perform some kind of remediation before it got to the edge of the property owned by the City. Council Member Cole momentarily absent. If the top half of Cell D would leak, quite possibly some of the proposed system would work but, if it were in the southern half of Cell D, it would take additional capital expense for remediation. Dick Coffman Dick Coffman, CDM engineer, said there would be a capital cost difference savings by pumping water directly into the equus bed line. There is an extraction well directly to the east of the Interstate. The river is a distance away and the line would have to go underneath the Interstate with the pipe crossings, and then through or over the Corps of Engineer's dike. Pumping directly into the equus bed line would save the extra cost of running the additional pipe ($300,000). Council Member Cather Council Member Cather spoke against a plan of drinking water that has been pumped out of a contaminated area. Mayor Knight Mayor Knight stated that he has sat on the Bench through these kinds of questions before. What is going to be done in October of 1996 gets changed in October of 1997. Mayor Knight said the has to be a better way of sizing up the challenges faced. "I am one of those who would rather know right now if we are going to have future problems and what we have to deal with instead of piecing them out. If we are going to have leakage in C, I do not understand why we could not expect it in D at some point. And, if we expect it in D, just looking at this map, what you are doing on C is not going to prevent some of the problems that we would have on D. So the cost keeps going." Mayor Knight Mayor Knight inquired if anyone wished to be heard. James Mendenhall James Mendenhall asked: Will increased burden load increase the cost of drilling and hunting for the actual source of pollution? If the source is found, with that selection of the cell, would that cell be closed for digging out the problem - and for how long might it be closed? If it becomes a hazardous removal site, including surrounding materials, is that a consideration? If you find barrels that are leaking, will that become a hazardous site - and the surrounding ground that has been contaminated? If the material that is considered hazardous is removed, where is the final disposal site of the contamination and the surrounding contaminated soil. Shouldn't we, in good faith or good conscience, make every effort to locate the contamination site if it is a small, pinpoint-type site within the entire landfill? If the contamination can be traced to a specific polluter, will that polluter be prosecuted or attempted to be prosecuted? If the pollution source can be found and cleaned, is it possible to increase the height of the landfill, giving it a longer life or creating the possibility of a trash mountain? When the increased tipping fees actually be implemented? Will the City receive consideration, discount, or not be required to pay tipping fees if the City creates materials that have to be taken to the landfill in great quantities? Where will the cost of demolition or remediation go if material that the City might create goes to the landfill? Will it be from one account to another? Will this go toward remediation costs? How does that money circulate within the City? Mayor Knight Mayor Knight asked Mr. Mendenhall to meet with the Director of Public Works for a response to the questions. Bruce Bodecker Bruce Bodecker, Sedgwick County resident, suggested the City add one additional liner to any proposed landfill and that it be defined as a leak detection system. If any contaminants are discovered between the liners, remediation should be done immediately. This action would prevent any groundwater or further contamination of the area. One liner should not be accepted. Council Member Cather Council Member Cather said he did not believe the water should be injected back into the City water line. The more expensive alternative of discharging into the river should be selected. David Warren Director of Water and Sewer said the proposal to inject water into the City water line is technically sound but he could not take away the fears of the people. Steve Lackey Director of Public Works said there would be an additional capital cost of $300,000 to discharge the water into the river. David Warren Director of Water and Sewer, responding to a question, said the City uses an average of 60 million gallons of water a day with a little more from Cheney Reservoir than from the equus beds. On average day, 15 to 20 million gallons are pumped through the raw water line from the equus beds. The water from the area in question would be about 2.5 percent of the that pumped. The water that is produced and delivered to the public is a safe drinking water product. All water that goes into the raw water line must be treated. What would come out of the air sparging system and pumped into the raw water line would, essentially, be water in which the contaminants of concern are at non-detectable levels. Motion -- Cather moved that the preferred clean-up program, with disposal of the extracted water through a discharge structure into the Arkansas River be approved; and that submittal to KDHE be authorized. Subst. motion -- Kamen moved a substitute motion that the preferred clean-up program, with disposal of the extracted water into the City's raw water line to the Wichita Water Treatment Plant be approved; and that submittal to KDHE be authorized. -- died Substitute motion died for lack of second. -- carried Motion carried 6 to 1. Kamen - No. Motion -- carried Cather moved that Item 10 be taken up out of order. Motion carried 7 to 0. (The Council took up Item 10 and action is shown with the Item in Agenda order.) WATER CONNECTIONS WATER SERVICE CONNECTIONS IN MERIDIAN GARDENS ADDITION. (District VI) Steve Lackey Director of Public Works reviewed the Item. Agenda Report No. 96-810 On September 17, 1996, the City Council approved the Brooks Landfill Vertical Expansion Permit. This permit, issued by the Kansas Department of Health and Environment (KDHE), allows for the continued use of Brooks Landfill until October 9, 2001, subject to several conditions. One of the conditions requires the City to offer to connect residents of Meridian Gardens Addition to City water free of charge, if they are not presently connected. The Meridian Gardens Addition extends from 33rd Street North to 37th Street North between Meridian and I-235. This neighborhood is located downstream from the groundwater contamination related to a closed cell in Brooks Landfill. Testing of the wells serving the Meridian Gardens Addition have shown no indication of contamination from the Landfill. In addition, the City is implementing measures to abate the contamination. The KDHE requirement to connect the remaining homes to City water will provide further assurance of safe drinking water to properties downstream of the contamination. Water Department records indicate that five addresses in the Meridian Gardens Addition are not connected to City water, and water service is available to serve these homes. The estimated cost to connect each home is $2,700 ($1,200 each for the service line from the main to and including the meter, and $1,500 each for service from the meter to the residence). Total cost to service the five homes is estimated at $13,500. It is recommended that funding from the Landfill budget be allocated to pay these costs. The City is required to provide these service connections free of charge as a condition of the Brooks Landfill Vertical Expansion Permit issued by KDHE. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the Meridian Gardens project be approved and the necessary budget -- carried transfers be authorized. Motion carried 7 to 0. COMPREHENSIVE GRANT ANNUAL PERFORMANCE AND EVALUATION REPORT ON THE COMPREHENSIVE GRANT ANNUAL STATEMENT FOR FEDERAL FISCAL YEARS 1994 AND 1995. Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-811 On October 1, 1994, the Department of Housing and Urban Development (HUD) awarded the City of Wichita, Human Services Department, $1,263,699; and, on October 1, 1995, HUD awarded the City of Wichita, Human Services Department, $1,202,285 funding to be administered under the guidelines of the Comprehensive Grant Program, (Handbook #7485.3). In compliance with these guidelines, all PHA's must annually submit the Statement of Performance and Evaluation Report HUD Form 52837. The total obligated funds for the Comprehensive Grant Program Year KS16P004703 (94) is $636,900.16 and $522,686.15 for CGP Year KS16P004704 (95). The remaining balance for both years will be expended through air conditioning installation in the K-2 and 4-4 scattered site developments, purchase of non-dwelling equipment, concrete replacement, and roof and A/C replacement at the Property Management Building. Funding for the 1994 fiscal year will be expended by September 30, 1997 and September 30, 1998 for the 1995 fiscal year, in accordance with original budget implementation schedules. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cather moved that submittal of the Performance and Evaluation Report on the Comprehensive Grant Program Annual Statement for Federal Fiscal Years 1994-1995 be approved; and the Mayor be authorized to sign any necessary documents. -- carried Motion carried 7 to 0. (Item No. 10) NORTHEAST AREA NORTHEAST AREA REQUEST FOR SIDEWALKS AND PAVING. Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-812 On August 21, 1996, the City received a request from a Northeast delegation requesting Community Development Block Grant (CDBG) funding for sidewalk and street paving in the area of Hydraulic to Cleveland, from approximately 8th Street to 20th Street, in the amount of $411,897. Annually, the City has allocated CDBG funding to various public works projects, including support for NIP areas. Carryover CDBG funds from completed CDBG projects is available for allocations of this nature should the City Council desire. The Department of Public Works reviewed the request and provided cost estimates for each component. These include the following: Community Development Block Grant New sidewalks along Hydraulic, 1400-2000 blks and Kansas, 1900-2000 blocks $56,950 Repair existing sidewalks along Cleveland, 900- 1200 blocks$23,447 Repair existing streets, Cleveland, 9th to 10th, Hydraulic$26,500 10th to 11th New streets 20th Street North Hydraulic to Piatt, 16th North, Piatt to Spruce and 10th Street from Green to Estelle$305,000 Total CDBG $411,897 At City Council request, staff has also evaluated street lighting in the area. Proposed improved lighting is recommended for: Local Budget Maplewood between 21st & Shadybrook Shadybrook between Ash & Madison New York, south of 14th Mathewson between 11th & 12th Mathewson between 10th & 11th New York between 10th & 11th New York, on cul-de-sac south of 10th Total Local Funds from the Street Lighting budget will amount to a $635 per year increase. Grand Total of Request $412,532 If approved, the Department of Public Works estimates work could begin on the street repair and sidewalk repair/construction in November, 1996. Options available for City Council consideration are: (1) Approve the requested items, except the new street construction. Defer the new street construction until the annual CDBG allocation process;or, (2) defer consideration of all items and request the applicant to submit a proposal through the annual CDBG allocation process under the Neighborhood Improvement Program (NIP). If Option #1 is selected, the City could proceed with the sidewalk repair, sidewalk installation and street repair using available carryover CDBG funds. (The City has existing approved CDBG programs for these activities.) All of the activities are eligible CDBG activities and are located in low and moderate income areas. New streets are not in the approved 1996/97 HUD Consolidated Plan. The City also has an existing locally funded street lighting program. The CDBG request totals $411,897. Of this amount, $305,000 is requested for new streets, $26,500 for street repair, $23,447 for sidewalk repair and $56,950 for sidewalk installation. If Option #1 is selected, there are sufficient CDBG funds from completed prior year projects to fund this portion of the request. An allocation of $106,897 in CDBG funds would be required. Costs for installation and operation of the seven additional street lights ($635 per year) would be paid from the City Street Lighting budget. The City can proceed with the street repair and sidewalk repair and installation without amending the HUD Consolidated Plan and providing a thirty day public comment period since this would entail expansion of a previously approved Consolidated Plan activity. New street construction is not an approved Consolidated Plan activity and would require a formal Plan amendment, thirty day public comment period and a thirty day environmental review period. In addition, a policy issue would involve the use of CDBG funding for new street construction. The current policy is that all residential streets are assessed on a front and side benefit to adjacent property owners. Council Members Cather, Ferris; momentarily absent. Council Member Rogers Council Member Rogers stated that projects like this area highly measured. The projects in the past were admirable but many of them were not measurable in terms of the progress that has been made. "Nothing, to me, is more important, in terms of the perception of the entire community and the feeling of citizens in these areas, than the infrastructure. Disregard of the infrastructure over long periods of time lends to a feeling of inadequacy of citizens. I think that is what has been expressed over a long period of time." "You must upgrade and refurbish the inner city and I consider this a part of that inner city also." The streets are vital because that has to do with public safety. There are a lot of tenant houses in the area and there are a lot of elderly citizens on fixed incomes who own houses. That safety factor is monumental in the minds of people. Council Member Kamen Council Member Kamen said the school system runs buses for areas with hazardous routes. Some hazardous routes are determined when there are no sidewalks. If sidewalks were in the area, some bus routes could be removed and taxes could be reduced. The School District might participate, if one bus route could be saved, by paying for the sidewalk. It is hopeful this will be considered in the future. Mayor Knight Mayor Knight expressed concern regarding whether or not the City's sidewalks in the area are in compliance with ADA requirements. Mayor Knight momentarily absent with Vice Mayor Cather in the Chair. Council Member Cole Council Member Cole asked that a list of city-wide CDBG eligible neighborhoods be provided so the Council can look to see where sidewalks, streets, etc., can be paid for by CDBG moneys. Council Member Ferris Council Member Ferris said a city-wide analysis of unpaved roads is needed. Most people with dirt roads cannot pay the full cost to pave the roads. The Council ought to look at some kind of matching funds. Council Member Gale Council Member Gale said he likes the change of direction with CDBG funds. The Council should look at some of the suggestions before the next CDBG allocation go-round. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Rogers moved that the CDBG funding available be allocated for sidewalk repair/construction and street repair in the order listed on the Agenda Report; and that the additional monthly CDBG income be used to complete the currently unfunded listed projects. Council Member Ferris Council Member Ferris suggested the funds currently available be used and that Staff do a financial projection, on an annual basis, of the amount of CDBG moneys the City will be receiving, and that the information be used in the CDBG allocation process. The new streets listed in the Agenda Report could be put into the mix for future CDBG funds. Motion amended and Rogers, with consent of the second, amended and rephrased the motion and moved rephrased -- that the CDBG funding available be allocated for sidewalk repair/construction, street repair, and lighting in the order listed on the Agenda Report; and that the new street construction be taken up with the annual CDBG allocation process -- carried and the staff evaluation. Amended and rephrased motion carried 7 to 0. (The Council moved to Item No. 6; action is shown with the Item in Agenda order.) PARKING MANAGEMENT CONTRACT FOR PARKING MANAGEMENT OF CITY-OWNED PARKING FACILITIES. Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-813 On July 12, 1994, the City and AMPCO System Parking (AMPCO) entered into a contract for management of the State Office Building Parking Garage and various City-owned surface lots. On January 22, 1996, the City Hall parking complex was opened to the public. This facility along with some City-owned surface lots have been managed by Property Management staff. It was determined that it would be more efficient to unify management of all City-owned parking facilities. Staff solicited proposals parking for management of the various facilities from parking management companies nationwide. Three proposals were received, two from outside management companies with the third generated by City staff. A Staff Screening and Selection Committee reviewed the proposals. Proposals were reviewed based on cost, experience of the operator, and services to be provided. Based on these criteria, the Staff Screening and Selection committee unanimously recommended that AMPCO Parking Systems be selected to manage all City parking facilities. AMPCO has proposed to manage the City Hall Parking Complex, the State Office Building garage and seven surface lots for $17,291 per month. The other bids were $18,272 per month from Imperial Parking and $20,063 per month from City staff. The contract provides for a one-year term with three additional one-year options. Facilities can be added or deleted from the contract at the City's option. Mayor Knight left the Bench; Mayor Cather in the Chair. Vice Mayor Cather Vice Mayor Cather inquired if anyone wished to be heard. James Mendenhall James Mendenhall suggested the prices for parking in the City lot and garage be posted on the street so persons wishing to park could make a decision before entering the parking area. Mayor Knight present and in the Chair. Motion -- Ferris moved that the Contract be approved and the Mayor be authorized to sign. -- carried Motion carried 7 to . CITY COUNCIL MEETING CITY COUNCIL MEETING - OCTOBER 8, 1996. Motion -- Ferris moved that the City Council meeting of October 8, 1996 be canceled. --carried Motion carried 7 to 0. LANDFILL SITE DISCUSSION OF ANNEXATION OF LANDFILL SITE. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Bobby Greeno Bobby Greeno, resident in the northeast area of Sedgwick County, asked the following questions: 1. Why was the attorney in Oklahoma City retained to handle the options to purchase the land in northeast Sedgwick County acquired by Joe MacFry representing Weigand Weigand Realty for Ventureland and Trust? 2. What is the name of the attorney from Oklahoma City? 3. Would you please instruct some City employee to mail the response to Ms. Greeno at Route 1, Box 194, Valley Center, Kansas 67147. 4. Are the attorney's credentials superior to the attorneys' in Wichita? 5. Why is there such a rush to put the annexation issue on the agenda? Ms. Greeno said she was holding documents which is evidence the land has not been purchased, neither by VentureLand nor by the City of Wichita. Council Member Ferris Council Member Ferris said the City had no involvement and he did not have an answer to the first question. The answer to the second question is Mark Dubberstein. Council Member Ferris explained that this Item was not to annex the land today but, rather, to find out what the City's next step would be. At the time of the actual annexation discussion, it would be Council Member's intent to make public notice and have a public hearing on annexation. This Item is just for discussion as to whether or not, and if so - when, the City should proceed with the next step which would be annexation. The City has not closed on the land yet as there is still title work to be processed. Glenda Lott Glenda Lott, resident in the northeast area, said the water her family drinks is from a well fed by a stream which runs under the land being purchased. Ms. Lott asked that the City stop all endeavors to use the land for a landfill. Ms. Lott said the County is just as capable as the City. Bryan Jacks Bryan Jacks, resident in the northeast area, stated that in research he has done there has never been a landfill that has not leaked. The Burns & McDonald plan's landfill costs did not include infrastructure (building of roads), litigation, lost revenues for reduced farm production, development, property tax, costs to the community, and health related issues. Also, the statistics by City Staff did not include the addition seven miles further to haul trash. The additional 7 miles would equate to approximately $350,000 per year/per mile, or $2.45 million per year, and would total $49 million over 20 years. The yard waste and construction and demolition waste contribute to 34.7 percent of the waste stream or 1,500 tons of waste per day. The ban of these wastes would cut the waste stream an average of 670 tons per day. Mr. Jacks suggested the Council reconsider the matter, give up the land options, and allow the County to come forth with a plan. Council Member Ferris Council Member Ferris said the numbers are not quite accurate as far as the amount of trash the City will be dealing with. Council Member Ferris stated that he had called Mr. David Elkouri who informed him that he knew absolutely nothing other than that the firm had incorporated. Mr. Elkouri was not involved in the corporation - it was another individual in the firm. Council Member Ferris said he had asked Mr. Elkouri, at that time, if he would talk to Mr. Elkouri's clients to see what could be disclosed. Council Member Ferris said he has a meeting later in the week with Mr. Elkouri and will report back to the Council on this matter. The City is not pushing a speedy closure, now, on the land so some of the information can be obtained. The City is going ahead with the title work and the information will be released to the Council and the public as soon as it is available. The landowners the City dealt with directly were paid $3,000 to the Freud Trust and $3,500 Small Trust. It was known, through direct negotiations with property owners what it was going to take to purchase the land. When compared with what the cost of the remainder of the land, it appeared to be very much in line. That is why the Council did not believe anyone was making an inordinate amount of money. The Council is also trying to get the information regarding how much the land owners were actually paid. Bruce Bodecker Bruce Bodecker, resident in the northeast area of the County, said all information and deals need to be made public. Mr. Bodecker said KDHE has said the Kingsbury tract is permittible - the paperwork was done incorrectly and needed to be redone. Mr. Bodecker asked why the County Commission was interested in the alcohol plant at Colwich and the City was not. Mr. Bodecker stated that he had talked to the Furley Mayor and asked him about the railroad spur from Furley to the purchased land and the Furley Mayor assured him that someone had asked about the possibilities of the land, who owned what, where the tracks were, and how far it was. Someone should be interested in that fact. Regarding Venture Capital, there are concerns such as whether there are connections between the City Council and VentureLand. Mayor Knight Mayor Knight said the City Council tried but Mayor Knight and Council Member had kept the Council from to moving to the Kingsbury Tract. Council Member Cather Council Member Cather pointed out that the land is valuable as it has an inexhaustible source of clay and rock. The cost to haul those items to the site would be very dear. Council Member Cather also said business owners need to speak up about what increased costs of a transfer station over the cost of a landfill would mean to the businesses. Council Member Rogers Council Member Rogers said his personal beliefs about things have to be tempered with some kind of logic and in- depth listening to other logic because all logic is not true. "As far as I am concerned, the County is responsible for a landfill. That has not changed. They will be the ones that will make the decision. From my individual standpoint, I am simply going to help them in terms of whatever assistance, as a Council Person in the City of Wichita, I can provide. That is all. This is a chance to look at something else. It has nothing to do with the County making a decision about a landfill, a transfer station, or whatever they are going to do. They are statutorily required to do that. But, I was elected by the citizens of District I in Wichita, Kansas, basically, and it is my responsibility to look after their interests. They may be totally different from what the County decides to talk about or do. I do not know. But in the event my constituents are not included in the equation of the decision that the County makes, it is my responsibility to make sure that they are included. That is all I am here to do." Bruce Bodecker Bruce Bodecker, responding to a question, said that, to the best he could remember, a representative of Venture offered his father in the neighborhood of $2,200/acres. Mayor Knight Mayor Knight said he thought there was something fundamentally wrong with the City going outside its borders and taking or buying land that is universally opposed by surrounding landowners. The majority on the Council may have the dominant position in the County. "I think it is fundamentally flawed. I think it is wrong and I will continue to oppose it." Joe Pajor Natural Resources Director said the consultant had been asked to go back and look at the landfill costs and what happens to the tonnage cost if the amount of waste is reduced. The City now has the information on what the costs are for a landfill at the same reduced tonnages that were in the proposals. The information will be provided to the City Council. Briefly, the 1998 first year costs for a landfill at 1,500/tons per day was $17.90. At 1,125/tons per day, the cost goes up to $19.30. At 750/tons per day, the cost goes up to $22.10. When landfill costs were looked at versus the transfer station costs, the landfill costs always remain significantly below. There is still a significant spread in spite of the increase in costs with reduced flow. Steve Lackey Director of Public Works, regarding why an upgraded Greenwich Road was not included, said the geometrics and structure of Greenwich Road (from 254 to the site) were studied. Today, KDOT is improving the intersection with a four-lane proposal. The roadway is structurally built to accommodate trash truck traffic. The road was built thicker two years ago by Sedgwick County to accommodate the actual loadings that is going to the Furley Chem waste site. Money was put in for a minimal amount of geometric improvements at the intersections. Money was not put in for four lanes or grade separation such as flyovers. There is money that was placed into the proposed budget for maintenance upgrades of the road as it deteriorates because the more axle loadings received will cause the road to wear out faster. Motion -- Ferris moved that the discussion on annexation is not necessary today; and that at such time as closing has occurred on the property and disclosures are made as the Council deems appropriate, the matter be returned on the regular City Council Agenda in the form as dictated by the City Attorney. Council Member Cole left the Bench. -- carried Motion carried 6 to 0. (Cole absent) Council Member Cole present. APPOINTMENTS APPOINTMENT TO WICHITA COMMISSION ON THE STATUS OF WOMEN. One appointment (Ferris), for a term expiring June 30, 1997. Motion -- carried Ferris moved that the Item be deferred two weeks. Motion carried 7 to 0. NOTICE OF VACANCY - BOARD OF ZONING APPEALS. One vacancy (Gale), due to the appointment of Mitch Faroh to Board of Zoning Appeals, for a term expiring June 30, 1997. The appointment will be made October 15, 1996. PROCLAMATIONS PROCLAMATIONS. -- Quality Month -- Lupus Awareness Month -- United Nations Day -- International Training in Communication Month -- Domestic Violence Awareness Month Motion -- carried Knight moved that the proclamations be authorized. Motion carried 7 to 0. CITY COUNCIL AGENDA Knight moved that the Consent Agenda, except Item 17, be approved in accordance with the recommended action shown thereon. Motion carried 7 to 0. (Item No. 17) BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED SEPTEMBER 30, 1996. At 10:00 a.m., Friday, September 24, 1996, pursuant to advertisements published, bids were received, publicly opened, read aloud and tabulated for the Board of Bids and Contracts: (Ref: Bid analysis report attached to Board of Bids Minutes September 30, 1996) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Sewer Response Plan Raise Buried Manholes (1996 - Set 3). (468-82641/621409/533251) Does not affect existing traffic. (Council approval date 7-18-95) (District All) Lot Maintenance Inc. - $55,108.00 S-4 1996 Sewer Rehabilitation Program reconstructing sanitary sewers in various locations. (468- 82643/621391/533250) Traffic to be maintained through construction; Alleys may be closed. (Council approval date 7-18- 95) (District All) WB Carter Construction Co., Inc. - $346,431.00 Water Distribution System to serve Overbrook 2nd Addition (North of Central, East of 143rd St. East). (448- 89044/733352/470413) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 6-25-96) (District II) Mies Construction Co., Inc. - $29,289.00 Lateral 128, War Industries Sewer to serve Capital 2nd Addition (South of 13th, West of Rock). (468- 82559/742890/480381) Does not affect existing traffic. (Council approval date 1-9-96) (District II) Dondlinger Construction Company, Inc. - $10,447.00 Lateral 371, Southwest Interceptor Sewer to serve Stonebriar Addition (West of Meridian, South of 47th St. South). (468-82639/742882/480380) Does not affect existing traffic. (Council approval date 9-17-96) (District IV) Nowak Construction - $160,469.00 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. HUMAN SERVICES/WICHITA HOUSING AUTHORITY: HVAC INSTALLATIONS AT SCATTERED SITES 127720-2803-WHA 196 AS PER SPECIFICATIONS 1. Manny's Heating and Air Group- 1- Total Net Bid - $12,100.00 2. Manny's Heating and Air Group- 2- Total Net Bid - $10,890.00 3. Manny's Heating and Air Group 3 - Total Net Bid - $10,890.00 4. Manny's Heating and Air Group 4 - Total Net Bid - $18,150.00 5. Manny's Heating and Air Group 5 - Total Net Bid - $14,520.00 6. Manny's Heating and Air Group 6 - Total Net Bid - $14,520.00 7. Manny's Heating and Air Group 7 - Total Net Bid - $14,520.00 8. Manny's Heating and Air Group 8 - Total Net Bid - $10,890.00 HUMAN SERVICES/WICHITA HOUSING AUTHORITY: HVAC EQUIPMENT 127720 AS PER SPECIFICATIONS 1. Amsco Supply Item 1 per each$537.00 2. Amsco Supply Item 2 per each$583.00 3. Amsco Supply Item 3 per each$629.00 4. Amsco Supply Item 4 per each$718.00 5. Amsco Supply Item 5 per each$811.00 6. Amsco Supply Item 6 per each$909.00 7. Amsco Supply Item 7 per each$138.00 8. Amsco Supply Item 8 per each$138.00 9. Amsco Supply Item 9 per each$154.00 10. Amsco Supply Item 10 per each$154.00 11. Amsco Supply Item 11 per each$180.00 12. Amsco Supply Item 12 per each$180.00 13. Amsco Supply Item 13 per each$ 50.00 14. Amsco Supply Item 14 per each$ 50.00 15. Amsco Supply Item 15 per each$ 50.00 16. Amsco Supply Item 16 per each$ 53.00 17. Amsco Supply Item 17 per each $ 89.00 18. Amsco Supply Item 18 per each$ 89.00 19. Amsco Supply Item 19 per each$ 27.00 20. Amsco Supply Item 20 per each$ 27.00 21. Amsco Supply Item 21 per each$360.00 22. Amsco Supply Item 22 per each$379.00 23. Amsco Supply Item 23 per each$ 25.00 24. Amsco Supply Item 24 per each$393.00 25. Amsco Supply Item 25 per each$414.00 26. Amsco Supply Item 26 per each$ 30.00 Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid. Motion carried 7 to 0. PUBLIC WORKS/FLEET AND BUILDINGS: RENOVATION OF THE WICHITA METROPOLITAN FAMILY PRESERVATION AGENCY 618074-2505 AS PER SPECIFICATIONS Motion -- carried Ferris moved that this Item be deferred two weeks. Motion carried 7 to 0. Motion -- Ferris moved that Group 7 (Evergreen Swimming Pool Building) of the Public Works/Fleet and Buildings Roof and Building Repairs to various Park Department Buildings awarded to Roof Mechanics on September 24, 1996, be rejected and rebid -- carried at a later date. Motion carried 7 to 0. LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1996 (Consumption on Premises) Pizza Hut of America Pizza Hut 2181 N. Rock Road* John E. Thian Jet BBQ 5231 E. Central* (Consumption off Premises) Falley's Inc. Food 4 Less #1810727 W. Central Falley's Inc. Food 4 Less #2010222 E. 21st Street Falley's Inc. Food 4 Less #232141 S. Meridian Falley's Inc. Food 4 Less #252021 N. Amidon Gene Classen Checkers 245 E. 47th Street S. Phillips Petroleum Co. Town West 66 4414 W. Maple New Operator 1996 (Consumption on Premises) Dolonda S. Beason The Stetson 1021 W. Harry * general/restaurant (more than 50% of gross revenue from sale of food). Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 7 to 0. PLANS AND SPECS. PLANS AND SPECIFICATIONS. Parking, driveway, sidewalk, drainage and site improvement on Stearman Court & Whitney Lane (Hillside & Pawnee - Planeview). Traffic to be maintained through construction. (Council approval date 3-19-96) (District III) (618058/815006) 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., October 11, 1996. Motion carried 7 to 0. a. Morris from the west line of Todd to the east line of Lot 125, Block 1; and Todd Circle from the north line of Todd to and including cul-de-sac, Harrison Park 2nd Addition (East of Webb, North of Lincoln). Does not affect existing traffic. (Council approval date 8-20-96) (District 2) (472-82760/763920/490-495) b. Meadow Knoll from the west line of Tyler Road, west to the West line of Lot 50, Block 6; on Keith from the south line of Lot 42, Block 1 to the south line of Lot 34, Block 1; on Bellwood and Wedgewood from the north line of Meadow Knoll to the east line of Lot 41, Block 3; on Wedgewood from the south line of Lot 1, Block 5 to the north line of Lot 1, Block 5; on Meadow Knoll Courts adjacent to Lots 1 through 8, Block 6, Lots 33 through 38, Block 5, Lots 9 through 17, Block 6, and Lots 34 through 57, Block 6; on Bellwood Court adjacent to Lots 22 through 26, Block 3; on Wedgwood Circle adjacent to Lots 3 through 18, Block 5; on Wedgewood Court adjacent to lots 34 through 41, Block 3; and sidewalk on one side of Meadow Knoll, on one side of Keith, on one side of Bellwood and wedgewood, and within Reserve F. A storm water detention pond and drainage area also included. Bradford North Addition (West of Tyler, South of 29th St. North). Does not affect existing traffic. (Council approval date 6-11-96) (District 5) (472- 82682/763763/490479) 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., October 11, 1996. Motion carried 7 to 0. BOARDS MINUTES MINUTES OF ADVISORY BOARDS. Board of Code Standards and Appeals, 9/9/96 Board of Zoning Appeals, 8/27/96 Commission on the Status of People With Disabilities, 8/28/96 CPO Southeast Council 3, 9/12/96 Wichita Art Museum Board, 8/22/96 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 7 to 0. STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. There were no street closures/uses considered. WATER SERVICE APPS. APPLICATIONS FOR WATER SERVICE OUTSIDE THE CORPORATE LIMITS OF THE CITY: a. 5214 North Hillside Agenda Report No. 96-815. Request for water service was made by Kenny L. Davis to supply his property at 5214 N. Hillside. Under the terms of the Wholesale Water Agreement between the City of Kechi and the City of Wichita, this property can be served with the existing 8-inch Kechi water supply main. The applicant has paid all the appropriate fees for water service. Sanitary Sewer is not available to this property. This application has been approved by the Director of Water and Sewer, City Engineer, Director of Planning, and Director of Law. This application is consistent with other service applications in this area and provides consent agreement for annexation. Motion -- Knight moved that the application be approved and the Mayor be authorized to -- carried sign. Motion carried 7 to 0. b. 5216 North Hillside Agenda Report No. 96-816. Request for water service was made by Kenneth G. and Donna Copeland to supply their property at 5216 N. Hillside. Under the terms of the Wholesale Water Agreement between the City of Kechi and the City of Wichita, this property can be served with the existing 8-inch Kechi water supply main. The applicant has paid all the appropriate fees for water service. Sanitary sewer is not available to this property. This application has been approved by the Director of Water and Sewer, City Engineer, Director of Planning and Director of Law. This application is consistent with other service applications in this area and provides consent agreement for annexation. Motion -- Knight moved that the application be approved and the Mayor be authorized to -- carried sign. Motion carried 7 to 0. c. 6920 West 35th South Agenda Report 96-817. Request for water service was made by Brian P. and Candra Kerschen to supply their property at 6920 W. 35th S. in the Prospect Park Addition. The Water Department can supply this property with an existing 8-inch water main. This property is part of a benefit district and was assessed for this main. Sanitary Sewer is not available to this property. This application has been approved by the Director of Water and Sewer, City Engineer, Director of Planning and Director of Law. This application is consistent with other service applications in this area and provides consent agreement for annexation. Motion -- Knight moved that the application be approved and the Mayor be authorized to -- carried sign. Motion carried 7 to 0. PROPERTY ACQUISITION DEDICATION OF STREET RIGHT OF WAY AND TRANSFER OF CITY PROPERTY. Agenda Report No. 96-818. Improvements to Lewis Street west of Main Street require an additional eight foot of street right-of-way as well as a twelve foot utility easement from properties along the north side of Lewis. One property from which additional land is needed is owned by Mervyn L. Criser and is located at northeast corner of Water and Lewis (even lots 82 to 92 on Water Street in Suttons Reserve). The City owns lots 78 and 80 immediately north of Mr. Criser's ownership. Mr. Criser is willing to dedicate both the eight foot needed for street right-of-way and the twelve foot for the utility easement in exchange for the south 20 feet of Lot 80, which the City owns. The City will receive 1,136 square feet for street right-of-way and a permanent utility easement on 1,704 square feet in exchange for a like amount of City property. The City will pay for any closing and recording costs out of the street project. Such costs are estimated to be less than $500. Motion -- Knight moved that the budget and the Contract be approved; and the Mayor be -- carried authorized to sign the necessary documents. 1997 CIP 1997 CAPITAL IMPROVEMENT PROGRAM DESIGN PROJECTS. (All Districts) Agenda Report 96-819. All the listed projects are in the 1997 Capital Improvement Program (CIP). The following is the list of projects included in the CIP for 1997. The list includes major street, bridge, park, water and sanitary sewer projects that will be administered by the Public Works and Water and Sewer Departments. Project # Location/Description B-120 Murdock Bridge over Little Arkansas River B-9204 Murdock Bridge over Canal MS-4 Tyler, 29th Street North to 1/4 Mile South MS-415 21st, Hood to Broadway MS-431 Harry, Webb to Greenwich MS-437 29th, Oliver to Woodlawn MS-9410 Meridian, I-235 to North City Limits MS-9605 Central, Oliver to Woodlawn P-9302 K-96 Bikepath, Phase II, Between Oliver & Grove S-4 Reconstruction of Old Sanitary Sewers S-5 Sewer Mains for Future Development S-300 Selective System Survey & Analysis S-315 Interceptor Relief Sewers-Priority 1 S-331 Planeview Sewer Reconstruction S-507 Aeration Equipment Retrofit W-65 Unidentified Water Mains W-67 Distribution Mains Replacement Program W-410 Computer Controls for Hess Pump Station W-516 Water Line in Kellogg; Clifton to Rock Road W-549 Water Supply Plan (Phase III) W-554 Water System AMFM Implementation CA-9213 Riverbank Improvements CA-9602 Wayfinding Graphics/Signage Following negotiations with consultant engineers/architects, staff will make recommendations to the City Council for awarding design contracts and request project approvals. Motion -- Knight moved that the Staff Screening and Selection Committee be authorized to -- carried select Consultant Engineers/Architects. Motion carried 7 to 0. BUDGET ADJUSTMENT 1996 STORM WATER SEWER AND INLET AND STREAM RESTORATION PROGRAM BUDGET ADJUSTMENT. (All Districts) Agenda Report No. 96-820. On January 9, 1996, the City Council approved the 1996 Storm Water Sewer and Inlet and Stream Restoration Program in the amount of $450,000. As a part of the Storm Water Utility Maintenance Program, an Inlet Inspection and Analysis Program was started and completed in 1995 to determine the condition of the existing drainage infrastructure. Part of the 1996 Storm Water Sewer and Inlet and Stream Restoration Program funds have been used towards reconstructing undersized storm sewer lines in the 2nd Street and Ohio area, dilapidated inlets throughout the City, and reconstruction and removal of storm sewer lines in the East Bank Hotel area. The other part of the funds will be used to fund improvements to in-town channels and streams desperately in need of repair due to eroding channel banks. There are many locations where the channel banks have eroded and are in need of stabilization, i.e., Brookside Drain, Fabrique, and Gypsum Creek. In order to address some of the critical locations throughout the City, staff is planning for Stream Maintenance employees and equipment to perform the repairs. To adequately repair the eroded areas, quarry run stone (riprap) material is needed to stabilize the banks to prevent future erosion problems. Therefore, $200,000 of the funds need to be transferred from Contractuals to Commodities to purchase the riprap. This will require a Budget Adjustment. Remaining budgeted 1996 Storm Water Sewer and Inlet and Stream Restoration Program funds of $200,000 are available to be transferred from Contractuals to Commodities. Motion -- Knight moved that the Budget Adjustment of $200,000 from Contractuals to -- carried Commodities be approved. Motion carried 7 to 0. STATE OFFICE BUILDING STATE OFFICE BUILDING CUSTODIAL SERVICES CONTRACT AMENDMENT. (District I) Agenda Report No. 96-821. The Fleet and Buildings Division of the Public Works Department is responsible for the maintenance and operation of the Finney State Office Building. Part of that responsibility includes custodial services, which the City contracts out to Wilson Building Maintenance, Inc. (Wilson). The signing of the minimum wage law resulted in an unanticipated increase in costs for Wilson. The cleaning services provided by Wilson are good, and the rates are reasonable. Due to the increase in the minimum wage, Wilson has indicated that it may be forced to exercise its option to cancel the Contract with 30-days notice to the City if the requested increase is not approved. Because of the size of the cleaning requirements, replacement of Wilson in 30-days will be very difficult. This Contract Amendment allows the contract period between the City and Wilson to be extended annually (with consent of both parties) through August 1999. The current Contract with Wilson provides for payments of $.60 per square foot per year, or a monthly cost of $11,135 to clean 222,693 square feet. Wilson is requesting an increase in its fees to $.6234 per square feet per year to $11,569 monthly beginning October 1, 1996, and starting September 1, 1997, an increase to $.64458 per square feet per year to $11,962 monthly. These increases are within the permitted expenditures under the current Contract between the City and the State of Kansas. A contingency fund is included in the State Office Building operating budget. This contingency fund has sufficient funds to cover the costs associated with this Contract Amendment. Motion -- Knight moved that the Contract Amendment be approved and the Mayor be authorized -- carried to execute. Motion carried 7 to 0. TRANSIT COACHES PURCHASE OF SIXTEEN (16) REPLACEMENT TRANSIT COACHES - BOND ORDINANCE. Agenda Report No. 96-822. The Wichita Metropolitan Transit Authority has included in the City's Capital Improvement Program a project (MTA-9303) involving the replacement of eight (8) of its sixteen (16) 1983 Flxible 35 foot transit coaches in 1996 and will replace the other eight in 1997. The old buses are not accessible to the disabled. TheWichita Metropolitan Transit Authority has filed for and received a federal capital grant to include the eighty percent (80%) funding for the eight (8) coaches for 1996 and will have received a second FTA grant by January 1, 19976 to fund the remaining eight (8) coaches for 1997. This is a commitment of $3,200,000 in funds. The replacement of these coaches presents WMTA with the opportunity to begin a vehicle downsizing program which would put smaller, accessible buses into service. The WMTA board has approved a Community Based Transportation Program designed to use different size vehicles in different areas of the city based on the community's needs. A bond ordinance is required to commit local share to the purchase contract. WMTA has an approved budget which includes the annual debt and interest payments for such bond issue. This amounts to $66,000 for the first year. The method of financing is consistent with past funding of MTA capital projects. Savings on repair costs is estimated at $1,500 a year per coach. Motion -- Knight moved that the project be approved and the Ordinance be placed on first -- carried reading. Motion carried 7 to 0. ORDINANCE An Ordinance to purchase sixteen transit replacement coaches for the wichita metropolitan transit authority; and to issue general obligation bonds in an amount not to exceed $800,000 for purpose of paying portion of costs, with balance of costs to be paid from federal grants from the Federal Department of Transportation - Federal Grant Administration, in an estimated amount of $3,200,000, placed on first reading and under the rules laid over. BIOSOLIDS BIOSOLIDS TREATMENT AND MANAGEMENT PLAN - CONTRACT #2/CHANGE ORDER #3. Agenda Report No. 96-823. The City Council adopted Biosolids Treatment & Management Plan improvements are being administered under three (3) separate contracts. Contract #1, Emergency Sludge Storage Basins (Complete), Contract #2, Plant #1 & Plant #2 improvements (BRB Contractors - $17,999,000) and Contract #3 for construction of a biosolids storage and handling facility. Dondlinger & Sons was the low bidder for the Contract #3 improvements at $3,405,000. Contract #2 is for the improvements to Plant #1 and Plant #2, scheduled for completion on November 19, 1997. This contract with BRB Contractors is represents the bulk of the improvements to be done under the plan. Change Order #3 is for modifications to the duct bank/power feed system supplying Motor Control Center (MCC) F-1 and F-2. The original contract documents called for the contractor to utilize existing spare conduit to supply electrical power to MCC F-1 and F-2. When pulling conductor into one of the spare conduits (original duct bank/conduits constructed in 1960) the conductor was damaged, due to the condition of the conduit. Subsequent investigation, including televising the spare conduits, found that with one exception the conduit condition is too poor to risk pulling conductor into them. The original conduit was galvanized steel it has deteriorated over the past 35 years. The engineer has recommended pulling an additional set of conductors into the one existing conduit that appears to be in acceptable condition, and installing an additional conduit duct bank for the remaining conductor runs. During the design phase the engineer took the approach directed by staff in specifying the use of existing spare conduits in an attempt to save the City the cost of a new duct bank. Unfortunately the age of the conduit, combined with the material of construction and the environment to which it has been exposed have made this impossible. The total value of the Change Orders on Contract #2, including Change Order #3, is $247,844 and represents 1.38% of the total project cost. Change Order #3 total is $143,909.00. Sufficient funds remain in CIP Project #S-500, approved by Council on February 7, 1995, to cover the cost of the additional work. Motion -- Knight moved that Change Order #3 to Contract #2 of the Biosolids Treatment and Management Plan in the amount of $143,909 be approved and the Mayor be authorized -- carried to sign. Motion carried 7 to 0. SLUDGE TREATMENT SLUDGE TREATMENT AND MANAGEMENT PLAN-ENGINEERING CONTRACT SUPPLEMENTAL AGREEMENT NUMBER 11. Agenda Report No. 96-824. On November 9, 1993, the Sludge Treatment and Management Plan was presented to the Council by staff and representatives of the City's engineer, Brown & Caldwell. The plan outlined recommendations to achieve compliance with United States Environmental Protection Agency (USEPA) regulations governing the use, treatment and disposal of municipal wastewater sludges (40 CFR, Part 503). On December 14, 1993, Council adopted the Sludge Treatment and Management Plan. In order to fund the mandated improvements recommended in the Sludge Treatment and Management Plan, Council approved appropriate sewer rate adjustments for 1994, 1995, and 1996. Council also approved an amended CIP, as well as, amended the operating budgets. On May 9, 1995, Council amended the Plan to include storage of biosolids on the Sewage Treatment Plant #2 site, directed staff to implement the privatization of biosolids transportation, modified the staffing plan and amended the 1995(R), 1996(R), and 1997(P) budgets. Originally the Biosolids Treatment & Management Plan called for the construction of the Biosolids Storage Facility to be located off site from Sewage Treatment Plant #2. In response to local opposition to the off-site construction and the economics of privatization of biosolids transportation, the City decided to construct the storage facility at Sewage Treatment Plant #2. Because the storage facility was originally to be constructed off-site the effluent water (3W) system was not designed to accommodate the water requirement for the storage facility. Further, staff is working with the Kansas Department of Wildlife & Parks to construct a fish hatchery and pond, supplied by effluent water, that would be utilized by the KW&P's Urban Fishing Program. There are grant moneys and private sector support for this effort. The proposed hatchery will also place an additional demand on the effluent water system. As a result of the increased demand the current system cannot supply enough water to meet the needs of the facilities and a supplemental agreement has been drafted by Brown & Caldwell, the City's engineer on the project, to provide design services for upgrading the effluent water system. The existing system will not meet the projected water demand and it will be necessary to upgrade the system. Staff has asked the engineer for a proposal which will allow for milestone decisions by the City as the study proceeds. At the point in the study that the City is assured that an adequate water supply can be achieved, the engineering evaluation and design would not proceed past that level of effort. The proposal represents a "not-to-exceed" dollar amount based on the maximum amount of engineering required. That amount is $20,405. The approved CIP project S-500 Project has a total authorized budget of $29.111 million. The project is being funded from Sewer Utility cash and/or a future revenue bond issue. To date total contracts against the CIP budget for this project total $28.160 million, which includes this engineering supplemental agreement. Motion -- Knight moved that the supplemental agreement #11 to the contract with Brown and Caldwell in an amount not to exceed $20,405 be approved and the Mayor be -- carried authorized to sign. Motion carried 7 to 0. CONSTRUCT OVER EASEMENT EASEMENT ENCROACHMENT AGREEMENT ALONG LOTS 49 THROUGH 64, MARSH, NOW TERRACE DRIVE, COLLEGE HILL PLAZA ADDITION. Agenda Report No. 96-825. The agreement allows Richard A. DeVore to occupy the public easement and waives all rights to action in law arising out of the encroachment over the easement. In addition, the owner of the property agrees to inspect, maintain and repair the sewer from such time as construction of the structure starts until they cease to occupy the easement. The property owner also agrees to pay parties for any increased costs that may accrue due to connecting to that portion of the sewer or easement that the structure is over. Finally, the agreement not only allows the City to be held harmless from claims resulting from leaking, cave-in, or other failures of the sewer, but also allows the City to be held harmless from claims resulting from replacement or upgrade of lines, manholes, and/or other Department property in the easement. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. PROPERTY ACQUISITION ACQUISITION OF PROPERTIES (TRACTS 1 AND 3) BY EMINENT DOMAIN FOR THE SENECA/I-235 PROJECT. (District IV) Agenda Report 96-826. In October 1995 the City of Wichita and the Kansas Department of Transportation (KDOT) entered into an agreement whereby the City would acquire all required right-of- way and perform all acquisition steps necessary to allow the construction of a full interchange at Seneca and I-235. Under this agreement, KDOT agrees to reimburse the City for all costs including direct acquisition. Any real property acquired will be acquired in the the name of the City. The project requires the acquisition of easements or real property from five tracts. Two of the tracts are adjacent and share a common ownership. Real property is required to be acquired in fee from both tracts and permanent and temporary easements are required. The owner of Tract 3 is Jack Hunt Realtors Company. Tract 1 is owned by Mobile Home Resort, Inc. which is also owned by Mr. Hunt. The acquisitions from Tract 1 consist of a 9,572 square feet of fee and 9,860 square feet of permanent easement. The area needed from Tract 3 consists of 29,579 square feet of fee ownership, 8,782 square feet of permanent easement and 700 square feet of temporary easement. Staff has attempted to negotiate the purchase of these tracts but has been unable to reach an agreement. Negotiations will continue but the construction schedule necessitates the initiation of eminent domain proceedings. No City funds are required for this transaction. Once an award amount is received, a request for funds will be forwarded to KDOT. Motion -- Knight moved that the Ordinance be placed on first reading and the City Attorney be authorized to file the appropriate proceedings to accomplish such acquisition. -- carried Motion carried 7 to 0. ORDINANCE An Ordinance providing for the acquisition by eminent domain of certain private property, easements, and right-of-way therein, for purpose of making street and drainage improvements to the intersection of I-235 and Seneca and to be known as the Seneca/I-235 improvement project (project number 235-87 K-5050-01) in the City of Wichita, Sedgwick County, Kansas; designating the lands required for such purposes and directing the City Attorney to file a petition in the District Court of Sedgwick County, Kansas, for acquisition of the lands, easements, and access control, therein taken and providing for payment of the cost thereof, introduced and under the rules laid over. PROPERTY ACQUISITION - EQUUS BEDS GROUNDWATER RECHARGE DEMONSTRATION PROJECT - HARVEY COUNTY. Agenda Report No. 96-827. In November, 1995 the City Council approved the Equus Beds Groundwater Recharge Demonstration Project. The demonstration project is a phased, small-scale, investigative and pilot testing $3.4 million trial project to test the feasibility of a full-scale $106 million groundwater recharge, storage and recovery project to determine the feasibility of the plan and to obtain state approval. The groundwater recharge project includes the capture of above base flow water, water which is generated from rainfall runoff above the base river flow, in the Little Arkansas River and Bank storage, the transfer to-and storage of captured water in the aquifer, and the recovery and use of this captured water to meet future demands for Wichita, Halstead, Newton, Hutchinson, Mcpherson, Valley Center and other communities. The Equus Beds Aquifer underlies portions of Sedgwick, Harvey, McPherson and Reno Counties and is located within the boundaries of Groundwater Management District No. 2. Since the 1950's, water levels in the aquifer have dropped 20 to 40 feet as a result of heavy pumpage. Phase I of the project includes Part 1, a paper study, to further confirm the feasibility of the project and to develop and refine project concepts. Part 2 consists of a field testing program, which includes $1.9 million to construct a data collection network to monitor groundwater, surface water, and water quality and to test and demonstrate the feasibility of the groundwater recharge plan. Sites for the testing were selected by the project consultants Burns & McDonnell. The proposed land acquisition is in the Knepp Trust, Bank IV Trustee, with the land being managed by a professional farm management firm, Farmers National Company. The approximate 4.5 acre tract will have a string of monitoring wells installed. The monitoring wells will be connected to a USGS data acquisition system by an underground cable. The site has also been selected for a bank storage well and/or a surface water diversion test facility. The proposed tract would be used in the Phase I, Part I and Part II of the demonstration project. The property is being used in the collection of data to monitor groundwater, surface water, and water quality of the Little Arkansas River in the Harvey County equus beds. The owner has agreed to sell the tract to the Water Dept. for $4,750.00 plus an additional $500.00 for legal fees to convey the property to the City and to grant the City and its consultants access across their property. Funds for property acquisition are available through the Water Supply Plan (Phase I and II), Equus Beds Groundwater Recharge Demonstration Project, CIP Project #W-403, as approved by the Council in November of 1995. A budget of $6,500.00 includes: $4,750.00 for acquisition, $500.00 legal fees for the Trust, $1,250 for closing costs, title insurance, survey, etc. Motion -- Knight moved that the budget, Real Estate Purchase Contract and Access Agreement be approved; and the Mayor be authorized to sign the necessary documents. Motion -- carried carried 7 to 0. PROPERTY DISPOSITION SURPLUS PROPERTY LOCATED AT 6608 W. CENTRAL. (District V) Agenda Report No. 96-828. The property is located at 6608 W. Central and is legally described as follows: Beginning at a point 526.38 feet West of the Southeast corner of the Southwest quarter of Section 15, Township 27 South, Range 1 West; Thence West along the South line 238.4 feet; Thence North 375 feet; Thence East 224.8 feet; Thence South 375 feet to the point of beginning, Except the South 55 feet for Central Avenue, Sedgwick County, Kansas. This property was originally purchased in 1974 for improving West Central from I-235 to Ridge Road. The project is completed and it appears that the property is no longer needed by the City and may possibly be declared surplus. If declared surplus, the property will be offered for sale or lease to the adjacent landowner and to the general public. The adjacent owner would like to lease a portion of the property to expand his restaurant business. The proposed tenant would be responsible for any maintenance, repairs, or modifications to the drainage easement that are needed. All City departments and local government entities have been notified and have shown no interest in the property. Since there is no interest in retaining ownership, and because it is costly to maintain, it appears to be in the best interest of the public to declare the property as surplus and offer it for sale to the general public. The City will receive cash consideration for the sale or lease of the property. The surplus and sale or lease of this property to a private party will place additional value into the tax base. Motion -- Knight moved that the property be declared as surplus and designated as available -- carried for sale. Motion carried 7 to 0. ORDINANCES SECOND READING ORDINANCES. (First read September 24, 1996) ORDINANCE NO. 43-213 Street Name Change An Ordinance changing the street name of Wedgewood, as platted, adjacent to the south line of the Lakeside Park Addition, Wichita, Kansas, to 27th Street North, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. ORDINANCE NO. 43-214 Zoning - Z-3187 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: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. Z-3187 ORDINANCE NO. 43-215 Zoning - 3198 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: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. Z-3198 PLANNING AGENDA S/D 96-28 S/D 96-28 - PLAT OF THE NORTHRIDGE LAKES 2ND ADDITION LOCATED EAST OF TYLER AND SOUTH OF 29TH STREET NORTH. (District V) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 96-829. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. (unanimous) Although this Addition is a replat of a portion of an existing Subdivision, new petitions have been submitted for sanitary sewer, municipal water, storm sewer, and paving improvements. On September 10, 1996, the Council approved Tyler Road paving, accel/decel lanes and water supply lines to serve this Addition. A Certificate of Petitions has also been submitted. In order to provide for the ownership and maintenance of Reserves the applicant has submitted a restrictive covenant. To provide for off-street parking, for lots adjacent to narrow streets, this covenant also required that four (4) off- street spaces be provided for each such lot. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Documents Certificate of Petitions, Restrictive Covenant. Water 100 Percent Petition for construction of Water Distribution System Number 448-88934 (east of Tyler, North of 21st) ($78,750 S.A.) (Hold for development) Storm Sewer 100 Percent Petition for construction of Storm Water Sewer No. 463 (east of Tyler, North of 21st) Project No. 468-82496 ($100,870 S.A.) (Hold for development) Storm Sewer 100 Percent Petition for construction of Storm Water Sewer No. 464 (east of Tyler, North of 21st) Project No. 468-82497 ($155,000 S.A.) (Hold for development) Sewer 100 Percent Petition for construction of Lateral 353, Southwest Interceptor Sewer (east of Tyler, North of 21st) Project No. 468-82489 ($164,850 S.A.) (Hold for development) Paving 100 Percent Petition for improving of Meadow Pass from the north line of Meadow Grove to the north line of Lot 8, Block 1; Meadow Grove from the east line of Tyler Road to the east line of Lot 8, Block 2; Meadow Pass Courts serving Lots 4 through 8, Block 1, and serving Lots 1 through 14, Block 4, Northridge Lakes; Meadow Grove Court from the south line of Lot 1, Block 1, Northridge Lakes Second Addition to the south line of Meadow Grove; and, sidewalk along the east line of Meadow Pass from the north line of Meadow Grove to the north line of Lot 8, Block 3, North ridge Lakes, Project No. 472-82606 (east of Tyler, North of 21st) ($267,750 S.A.) (Hold for development) Motion -- Ferris 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 7 to 0. RESOLUTION NO. R-96-372 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-88934 (east of Tyler, North of 21st) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Ferris moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96-373 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Sewer No. 463 (east of Tyler, North of 21st) Project No. 468-82496 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Ferris moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96-374 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Sewer No. 464 (east of Tyler, North of 21st) Project No. 468-82497 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Ferris moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96-375 Resolution of findings of advisability and Resolution authorizing construction of Lateral 353, Southwest Interceptor Sewer (east of Tyler, North of 21st) Project No. 468-82489 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Ferris moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96-376 Resolution of findings of advisability and Resolution authorizing improving of Meadow Pass from the north line of Meadow Grove to the north line of Lot 8, Block 1; Meadow Grove from the east line of Tyler Road to the east line of Lot 8, Block 2; Meadow Pass Courts serving Lots 4 through 8, Block 1, and serving Lots 1 through 14, Block 4, Northridge Lakes; Meadow Grove Court from the south line of Lot 1, Block 1, Northridge Lakes Second Addition to the south line of Meadow Grove; and, sidewalk along the east line of Meadow Pass from the north line of Meadow Grove to the north line of Lot 8, Block 3, North ridge Lakes, Project No. 472-82606 (east of Tyler, North of 21st) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Ferris moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. Z-3205 Z-3205 - REQUEST FOR ZONE CHANGE FROM 'SF-6' SINGLE FAMILY DWELLING TO 'NR' NEIGHBORHOOD RETAIL AND 'LC' LIMITED COMMERCIAL, LOCATED EAST OF WEBB ROAD, SOUTH OF LINCOLN STREET (EXTENDED). (District II) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 96-830 MAPC Recommendation: Approve, subject to platting within 1-year, and to the additional provisions of a P-O District (11-2). Staff Recommendation: Approve, subject to platting within 1 year, and to the additional provisions of a P-O District. CPO Recommendation: Deny (4-2). The applicant requests a zone change from "SF-6" Single-Family to "NR" Neighborhood Retail and "LC" Limited Commercial on a 5.69 acre unplatted site located east of Webb Road and Lincoln Street (extended). The applicant has a contract with Braum's Ice Cream Store for the northwest 1.23 acres of the site, and is asking for this parcel to be zoned "LC". Specific uses have not been identified for the balance of the site (4.46 acres), and for which "NR" Neighborhood Retail zoning is being requested. The Neighborhood Retail district is one of the new districts, and is intended to accommodate very- low intensity retail and office development near residential neighborhoods. In fact, the "NR" district is intended to provide a buffer district between residential uses and non- residential uses or facilities. Commercial uses are limited to 8,000 square feet of gross floor area, the "NR" district is not for use on tracts of land larger than 6 acres, outside storage is prohibited, and there are special sign restrictions. Restaurants in NR are restricted to 2,000 square feet in size and drive-throughs are not permitted. (These two limitations are why the applicant is requesting "LC" for the proposed Braum's location.) Surrounding land uses are residential, except for the church located to the north of the site. All adjoining properties are zoned "TF-3" Two-Family and "SF-6" Single-Family, with "MF-29" Multi- Family zoning to the northwest. Staff recommended approval of the request, but subject to the addition of a P-O (Protective Overlay) district with further requirements: extra landscaping along Webb Road and abutting the single family lots to the north and east, limited signage, architectural materials specified, limitations on lighting of buildings and parking areas, access controls, building height and coverage limitations, and exclusion of many uses otherwise permitted. As part of the platting of the property, the applicant will also be expected to guarantee the installation of a left turn lane on Webb Road, at the existing signal at Lincoln, to improve traffic flow. Based on traffic concerns and neighborhood oppositions, CPO 2 voted (4-2) to recommend denial. This case was first heard by the Planning Commission during their August 15, 1996 meeting. At that meeting members of the public voiced their concerns over the appropriateness of commercial zoning at this location, as well as the design of the site, while other neighborhood residents spoke in support of the request. After discussion, the MAPC voted to defer the case for two weeks to allow the applicant to incorporate various changes to the site plan. During the August 29, 1996, MAPC meeting, the Planning Commission voted to reopen the case for further public discussion. Again, nearby residents were split in support and opposition to the rezoning request. Planning Commission discussed the problems of locating commercial uses at a mid-mile location. After discussion, the MAPC voted (11-2) to approve the request as recommended by staff. Motion -- Kamen moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the item be referred back to the CPO for reconsideration on the basis of the -- carried additional concessions. Motion carried 7 to 0. PUD-2 PUD-2 - REQUEST FOR PLANNED UNITED DEVELOPMENT FOR ASSISTED-LIVING FACILITY AND ASSOCIATED HOUSING OPTIONS, LOCATED 1/4 MILE WEST OF GREENWICH ROAD ON THE NORTH SIDE OF 21ST STREET NORTH. (District II) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 96-831. Staff Recommendation: Approve, subject to conditions, and to platting within 1 year. CPO Recommendation: Approve. MAPC Recommendation: Approve, subject to the recommended conditions, and to platting within 1 year. The applicant requests a Planned Unit Development (PUD) to permit an assisted- living facility and associated housing options (single-family, duplex, triplex, patio homes and cluster housing) on 11.5 acres currently zoned SF-20, Single- Family. The unplatted application area is located in the county, east of the Tallgrass East 4th Addition, on the north side of 21st Street North. Although this application was filed when the property was in the County, the City of Wichita approved the annexation of this property as part of a larger area, on September 17, and the annexation, and the annexation ordinance will have been published before this item is considered. As proposed, the PUD would have two parcels, 6.4 acres (Parcel 1) and 5.1 acres (Parcel 2) in size. Parcel 2 would abut the east line of Tallgrass East 4th Addition, and permit a maximum of 22 single- family, patio and/or cluster homes (4.3 dwelling units per acre). Parcel 1 would permit a maximum of 82 assisted living, duplex and/or triplex residential units (12.8 dwelling units per acre). Access to Parcel 2 would be from 21st Street, while access to parcel 1 would be from both 21st Street and Regency Lakes, a proposed road in the Regency Lakes Addition located to the east of the application area. The PUD includes language to protect the existing shelter belt located along the south side of both parcels. Other provisions in the PUD address: signage, architectural compatibility, maintenance of homeowner association owned facilities and spaces, maximum building coverage and floor area, parking, drainage, etc. Staff recommended a number of new and clarified conditions to those submitted by the applicants, to which the applicants agreed at the MAPC hearing. During the Planning Commission's discussion of this matter, questions concerning the building materials and architectural controls to be used in the development were asked by several members of the single-family residential subdivision located to the west of the proposed PUD (Tallgrass East). The public also voiced their concerns over the "business" nature of the development, claiming that the developer had said that there was to be more single-family residential development, at this location, that this development would be much more intense a use than single-family development, and that their property values would drop. After discussion, the MAPC voted (11-0-1) to approve the request as recommended by staff. Motion -- Kamen moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC be approved, subject to the recommended conditions, and the Planning Department be instructed to forward the Ordinance for first reading when the plat is forwarded to the City Council. Subst. Motion -- Knight moved a substitute motion that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, that the recommendation of the MAPC be denied on the basis that it would alter the character of the neighborhood. Substitute motion -- withdrawn withdrawn. Subst. Motion -- Knight moved that the recommendation of the MAPC be denied and staff be instructed to prepare and return with the Findings of Fact. Substitute motion -- failed failed 4 to 3. Ferris, Gale, Kamen - No. -- carried Motion carried 7 to 0. CU-407 CU-407 - REQUEST FOR CONDITIONAL USE TO ELIMINATE THE REQUIREMENT FOR A FENCE ALONG THE WEST BOUNDARY OF CAR WASH APPROVED AS A USE EXCEPTION BY THE BOARD OF ZONING APPEALS IN 1993 (BZA 2-93). (District II) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 96-832 MAPC Recommendation: Deny (7-2-1). Staff Recommendation: Deny. CPO Recommendation: Deny (7-0). The applicant V.T. Zortman and Charlie Lawson are requesting that a condition established by the Board of Zoning Appeals, as a requirement for the establishment of a self-service car wash at the northwest corner of Woodlawn and Mt. Vernon, be eliminated. In February 1993, the applicants applied to the Board of Zoning Appeals for a "Use Exception" to permit a self- service car wash on "LC" zoned property. That request was granted (BZA Resolution No. 2-93) February 23, 1993, subject to 14 conditions. Condition #7 required: "A six to eight-foot- tall masonry wall or solid wood fence shall be constructed along the west property line from the northwest corner of the site to the southwest corner of the drying spaces. If a wood fence is used, the 'finished' side shall face west. A minimum of 9 shade, or 18 ornamental trees, (or a combination thereof) shall be planted and maintained along the east side of Windsor Road; or a minimum of seven trees shall be planted and maintained within 20 feet adjacent to and west of the wall until such time as that adjacent property develops." This condition as well as the other 13 conditions relating to this car was use exception are typical and are designed to protect nearby properties from a use that is not permitted outright within the "LC" District. In this case the fence and landscaping on the west side of the application area was to protect the residential homes facing the site along Windsor Road from car headlights, noise and debris. Although there are intervening lots between the car wash and the residences to the west, these lots were thought likely to remain undeveloped and leaving the homes exposed. When the Resolution was granted, the applicants agreed to comply with all the conditions. Now the applicants have indicated that they do not want to comply with the fencing requirement because the property has had vandalism problems which will become greater if the fence is installed. The Planning Commission was asked to consider this request because the Unified Zoning Code has eliminated "Use Exceptions", which, previous to the new code, were the responsibility of the Board of Zoning Appeals. "Use Exceptions" have become "Conditional Uses" under the new code and the authority of Planning Commission. During the Planning Commission's discussion of this matter, staff reviewed the Board of Zoning Appeals use exception case, that set the requirement for the applicant to build a screening fence. The attorney for the applicant argued that the screening fence was not needed, and could potentially create a safety hazard. He also questioned the use of a conditional use permit to amend an old BZA use exception. A representative of the Law Department confirmed that the Conditional Use application before the MAPC was the proper procedure under the new Unified Zoning Code for amending or removing former use exceptions. After discussion, the MAPC voted (7-2) to deny the request as recommended by staff. On August 26, 1996, the applicant filed a written appeal of the MAPC decision as allowed under the Unified Zoning Code. The letter requests that the City Council hold a public hearing to consider the applicant's request. The new Zoning Code says that the MAPC action on a Conditional Use is final unless the decision is appealed by the applicant or some other party aggrieved by the action, and that the Council "may, in its discretion, hold a public hearing" on an appeal. Whether or not the Council decides to hold another hearing, it may approve the conditions or modifications or deny the Conditional Use request. Council Member Kamen Council Member Kamen stated that the applicant had agreed to put in the fencing and he had a problem with not keeping that requirement in place. Motion -- Kamen moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC to deny the appeal be approved. Motion carried -- carried 7 to 0. EXECUTIVE SESSION Motion -- Knight moved that the Council recess to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to legal advice; preliminary discussions relating to the acquisition of real property for public purposes; and the regular meeting be resumed at approximately 2:05 p.m. in the City Council Chambers. Motion carried -- carried 7 to 0. RECESS Council recessed at 1:55 p.m. and reconvened in regular session at 2:10 p.m. Mayor Knight Mayor Knight announced that no action was necessary as a result of the executive session. ADJOURNMENT The City Council meeting adjourned at 2:10 p.m. Kathy Pewewardy Deputy City Clerk COUNCIL PROCEEDINGS JOURNAL 162 OCTOBER 1, 1996 Page