MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, March 4, 1997 Tuesday, 9:00 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cather, Cole, Ferris, Rogers; present. *Council Members Gale, Kamen; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. *Council Member Gale present. The invocation was given by David Anders, West Side Baptist Church. 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 February 25, 1997, were -- approved approved 6 to 0. (Kamen; absent) AWARDS AND PRESENTATIONS SERVICE CITATIONS Mayor Knight presented Distinguished Service Citations to those present. *Council Member Kamen present. PROCLAMATIONS Mayor Knight presented the Proclamations previously approved. AWARDS The National Night Out Awards were presented. PUBLIC AGENDA COMMENTS BY WILLIAM C. SKAER, DVM. Dr. William Skaer Dr. William Skaer said that on March 1, 1997, 2,369 persons, representing various groups, had demonstrated support for recycling. Dr. Skaer urged retention of the current drop-off sites and expanded drop-off sites in the future. COMMENTS BY TROY B. DEAN. This Item was withdrawn. NEW BUSINESS WATER SUPPLY PETITION PETITION FOR A WATER SUPPLY LINE TO SERVE PROPERTIES ADJACENT TO CENTRAL, WEST OF 119TH STREET WEST. (District V) Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 97-167. In conjunction with the proposed plat of the Country Meadows West Addition, a non-100% petition was submitted requesting an extension of a 16" diameter water supply line that will serve the proposed plat as well as other adjacent properties. The signatures on the petition represent 75% (1 of 3 ownerships) of the improvement district area. CPO Council 5 considered the petition on January 16, 1997 and voted 6-1 to recommend denial of the project. The proposed water supply line project will extend a 16" diameter water supply line that will provide water for domestic use and fire service for this rapidly developing area of far west Wichita. The proposed Country Meadows West Addition has also submitted a 100% petition requesting a water distribution line that will only serve the lots in the proposed plat. The estimated project cost is $49,400 with $32,000 to be paid by special assessments to the improvement district and $17,400 to be paid by the Water Utility Improvement Fund. The project is proposed to be assessed on a fractional basis, with the two non-signing tracts paying $2,300 and $3,800. The proposed platted area will pay 81% of the total cost to be assessed. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-97-046 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89086 (north of Central, west of 119th Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Ferris moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. SCULPTURE DONATION DONATION OF SCULPTURE. Chris Cherches City Manager reviewed the Item. Agenda Report No. 97-168. Helen Galloway and Fran Jabara approached the City wishing to donate a bronze sculpture, valued at $30,000. At the February 13, 1997 meeting, the Public Art Advisory Board voted 3-1 to recommend the acceptance of the donation. The initial design of the sculpture "The Immigrant Boy" was proposed by local artist Babs Mellor. The exact dimensions will be determined once the site concept has been. The approved location of the sculpture will be west of the downtown Wichita Public Library near the "Freedom Stand" sculpture. It is the goal of the Board to encourage the acquisition of public art and support for artists by involving public/private partnerships. The Board feels the acceptance of this piece is a great opportunity to achieve this goal. Helen Galloway and Fran Jabara will incur the costs for the casting of the sculpture in bronze and the installation. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the donation be accepted, and the proposed site and installation -- carried be approved. Motion carried 7 to 0. WEST STREET WEST STREET IMPROVEMENT, CENTRAL TO 13TH. (Districts V and VI) Mike Lindebak City Engineer reviewed the Item and answered questions of the Council. Agenda Report No. 97-169. The 1996 Capital Improvement Program includes a project to improve West Street from Central to 13th (CIP Project No. MS-9601, page 59). CPO Council 5 considered the project on February 13, 1997. The Council voted 6-0 to recommend approval of the proposed improvements. The project consists of: 1) widening West Street to five lanes with parking lanes on both sides, 2) upgrading the existing traffic signals and railroad crossing, 3) installing sidewalks on both sides of the street, and 4) landscaping the available right-of-way. The estimated project cost is $1,300,000. The funding source is General Obligation Bonds. West Street will remain open to a minimum of one lane of through traffic in each direction during construction. Construction is expected to be undertaken in the third and fourth quarters of 1997. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Council Member Gale Council Member Gale expressed hope that the City would look into continued funding of the Storm Water Utility, what projects and when they might be completed. Motion -- Ferris moved that the project be approved and the Ordinance be placed on first -- carried reading. Motion carried 7 to 0. ORDINANCE An Ordinance declaring West Street, from Central Avenue to Zoo Boulevard (472-82782), to be main trafficways within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements on said main trafficway; and setting forth the nature of said improvements, the estimated costs there- of and the manner of payment of the same, introduced and under the rules laid over. IRB - SOUTHCLIFF PUBLIC HEARING AND ISSUANCE OF INDUSTRIAL REVENUE BONDS - SOUTHCLIFF SHOPPING SHOPPING CENTER CENTER ASSOCIATES. (District III) Chris Cherches City Manager reviewed the Item. Agenda Report No. 97-170. On April 16, 1996, the City Council approved the issuance of a Letter of Intent for Industrial Revenue Bonds, in an amount not-to-exceed $1.5 million, for a six-month period to Southcliff Shopping Center Associates for the construction of a 30,000 s.f. addition to Southcliff's manufacturing facility, located at 3050 S. Hydraulic, which is leased to A. M. Castle & Co., d/b/a Castle Metals. Southcliff was also granted an 100% property tax abatement for a 5-year term plus an additional 5-year term subject to review by the City Council. A.M. Castle was founded in 1890 and is North America's largest industrial distributor of specialty metals including carbon alloy and stainless steels; nickel alloys; aluminum; titanium; copper and brass. Castle provides highly engineered materials and a full range of value-added services to a widely diversified customer base that includes many Fortune 500 companies. Locally, Castle's markets include substantial sales to local aircraft manufacturing companies. Castle has over 28 locations nationwide and over 2.4 million square feet of capacity including the approximately 26,500 square feet currently under roof at 3050 S. Hydraulic. Bond proceeds will be used to construct an approximately 30,000 square foot warehouse and 2,500 square foot administrative office expansion of the facility located at 3050 S. Hydraulic. The expansion would more than double Castle's capacity at the facility. The bonds will be privately placed with Emprise Bank. Emprise Bank has committed to purchase the bonds for their investment portfolio. The firm of Hinkle, Eberhart & Elkouri, L.L.C. will serve as bond counsel in the transaction. The project will be financed by bond proceeds as follows: USE OF BOND PROCEEDS Building Construction $1,300,000 Issuance Costs (Legal Fees, etc.) 80,000 Other Financing Costs 80,000 (Appraisals, Capitalized Interest, etc.) Contingency 40,000 Total:$1,500,000 Castle currently employs approximately 28 people and anticipates adding another 7 employees by the end of the first full year following construction of the expansion. Castle also anticipates relocating 2 existing management staff from out-of-state locations to the Wichita area during the same time frame. Southcliff will have a current approved EEO/AA Plan on file with the City's Human Resources Department prior to the issuance of the bonds. Southcliff Shopping Center Associates agrees to pay all costs of issuing the bonds and agrees to pay the City's $2,500 annual IRB administrative fee for the term of the bonds. Southcliff was granted a 100% tax abatement of ad valorem property taxes on the project for a 5-year period with review at the end of five years for a second five year period in accordance with City policy. Estimated first year taxes abated on the proposed project are $36,622, of which $10,155 is the City's portion, $9,120 is the County's portion, $16,859 is USD 259's portion and $488 is the State's portion based on the 1996 mill levy of 112.682 mills. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cather moved that the public hearing be closed and the Bond Ordinance which approves the bond documents, including the Trust Indenture, Lease, Bond Purchase Agreement and Administrative Service Fee Agreement be placed on first reading. -- carried Motion carried 7 to 0. ORDINANCE An Ordinance of the City of Wichita, Kansas, authorizing the issuance of not to exceed $1,500 000 aggregate principal amount of taxable Industrial Revenue Bonds, Series I, 1997, (Southcliff Shopping Center Associates) for the purpose of providing funds to purchase, acquire, construct, equip and furnish improvements to an existing manufacturing facility; prescribing the form and authorizing execution of a trust indenture by and between the City and Emprise Bank, N.A., Wichita, Kansas, as trustee with respect to the bonds; prescribing the form and authorizing the execution of a lease agreement by and between the City and Southcliff Shopping Center Associates; approving the form of a guaranty agreement; approving the form of individual guaranty agreement; approving the form of an assignment of rents and leases; approving a sublease by and between Southcliff Shopping Center Associates and A.M. Castle & Co.,; and authorizing the execution of a bond purchase agreement by and between the City, Southcliff Shopping Center Associates and the Emprise Investment Corp. - Wichita, as purchaser of the Series I, 1997, Bonds, introduced and under the rules laid over. CONTRACT MAINTENANCE PROPOSED 1997 CONTRACT MAINTENANCE PROGRAM. Steve Lackey Director of Public Works reviewed the Item. Agenda Report No. 97-171. The Street Maintenance/Capital Investment Maintenance Program provides contracted maintenance for concrete repairs, curb and gutter repairs, asphalt resurfacing and surface sealing of selected streets within the City. The 1996 program totaled $3,729,600 from the following sources: $3,000,000 Street Maintenance Operating Budget (Gas Tax) $ 729,600 Capital Investment Maint. Program (General Fund) $3,729,600 TOTAL 1996 PROGRAM The 1996 program repaired 12 miles of major streets and bridges, and 400 blocks (approximately 40 miles) of residential streets. The City's computerized Pavement Management System allows the Dept. of Public Works to assess the pavement conditions across Wichita, and analyze and prioritize needed maintenance and repairs. The system also projects the amount of maintenance required on an annual basis for several years into the future. Over the next ten years, the maintenance of arterial and other major streets has been controlled fairly well in recent years, but there is a large backlog of needed repairs in the residential areas. The proposed 1997 Contract Maintenance Program provides $3,729,000 for contracted street repairs from the following sources: $3,000,000 Street Maintenance Operating Budget (Gas Tax) $ 729,000 Capital Investment Maint. Program (General Fund) $3,729,000 TOTAL 1997 PROGRAM The proposed 1997 Contract Maintenance Program will provide for curb and gutter repairs, concrete repairs, a variety of asphalt surface treatments and bridge surface replacements. These repairs will be performed on 13 miles of arterial streets and 330 blocks (approximately 33 miles) of residential streets. Bridge deck maintenance is again included in the 1997 program. This program to rehabilitate deteriorated deck surfacing is proposed because bridge decks experience temperature extremes more frequently than on grade pavements, as well as frequent exposure to de-icing chemicals; and they can deteriorate rapidly. Protecting our investment in these expensive structures is a critical part of our maintenance strategy. The 1997 Adopted Budget contains $3,729,000 for contracted street maintenance as follows: Street Maintenance budget $3,000,000, and Capital Investment Maintenance Program, $729,000. Council Member Gale Council Member Gale stated that he would like to see a way to bring the difference between the residential and non-residential closer together. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the 1997 Contract Maintenance Program be approved and staff be -- carried authorized to make the necessary budget transfers. Motion carried 7 to 0. HUD CONSOLIDATED PLAN 1997-98 HUD CONSOLIDATED PLAN ALLOCATIONS. Chris Cherches City Manager reviewed the Item. Agenda Report No. 97-172. The Grants Review Committee held a public hearing February 11-12, 1997 to provide an opportunity for City departments, non-City applicants and interested persons to address the Committee regarding applications for 1997- 1998 program year funding. The Grants Review Committee also spent many hours in additional meetings reviewing applications, serving on Grants Review Subcommittees and considering comments from the public. Copies of the sixty- seven (67) requests totaling $6,557,320 were provided the Grants Review Committee for review and comment. The 1997-1998 combined HUD funding for Wichita includes: Community Development Block Grant (CDBG) - $3,843,000; HOME Investments Partnership (HOME) - $1,610,000; and Emergency Shelter Grant (ESG) - $108,475. Funding requests for each program are listed by categories. Each grant program is restricted to certain federal allocation limits which cannot be exceeded; however, they can be less. In 1997/98, these limits (by grant) are: CDBG $1,150,000 Public Services $ 882,600 Planning and Administration HOME $ 250,000 Neighborhood-Based Non-Profits(CHDOs) $ 161,000 Administration ESG $ 32,542 Essential Services $ 32,542 Homeless Prevention $ 5,423 Administration Based on the federal restrictions and Priority Needs, recommended funding allocations have been prepared for City Council consideration. The City Council has the option of accepting the recommendations or modifying the funding allocations, subject to federal allocation limits. A summary of CDBG requests by category is as follows: Category Requests Grant Available Capital Development $1,002,500 Housing 1,450,181 Public Services 1,577,371 Planning & Administration 580,215 Other 22,000 Total Requests $4,632,267 $3,843,000 A summary of HOME requests by category is as follows: Category Requests Grant Available Non-CHDO $1,210,000 CHDO 600,000 Total Requests $1,810,000 $1,610,000 A summary of Emergency Shelter Grant requests by category is as follows: Category Requests Grant Available Rehabilitation $ -0- Maintenance & Operation 81,747 Essential Services 16,087 Homeless Prevention 12,119 Administration 5,100 Total Requests $115,053 $108,475 The national objectives of the Community Development Act are to principally benefit low/moderate income persons, eliminate slum and blight, or meet other urgent community needs. The HOME program also must primarily benefit low/moderate income persons and the ESG program must benefit homeless persons. The City Council has previously established priority needs to guide use of hud funds. Additional guidelines used for funding recommendations were based on: direction from City Council to provide more funding for Capital projects; no new Public Service programs; and, no additional costs be charged to the General Fund for projects which have been historically funded from CDBG funds. The Grants Review Committee recommended CDBG homeless programs receive full funding and the Human Services (Neighborhood Centers) funding support be reduced by $119,267. Although it was suggested by the Committee the City fund the shortfall for Neighborhood Centers from General Fund, this program has historically been funded from CDBG and staff suggests this change in funding may not be appropriate. Consolidation of HOME programs under the HOMEownership 80 program is recommended to provide more program flexibility for City housing programs. For Emergency Shelter Grant funds, the recommendations are the same as Grants Review Committee due to the limited funds available under this funding source. The 1997-1998 CDBG grant is $3,843,000; the HOME grant is $1,610,000; and the ESG grant is $108,475. The allocations made will be effective July 1, 1997. The City has met federal requirements in the allocation of funds. Prior to final allocations/payments, each project must be verified for eligibility for use of the respective grant funds. Subsequent to the allocation of funds, staff will prepare a One Year Action plan of activities to be funded. A draft One Year Action Plan will be presented to the City Council for consideration prior to being made available for a required thirty (30) day public review and comment period. At the end of the comment period, the final plan will be submitted to the City Council for approval and authorization to submit to HUD. Tom Smith Grants Coordinator, responding to questions, explained that the recommendation on the HOMEownership 80 Program would combine the Mennonite Housing/Homeownership Credit Counseling and the HOME New Construction Infill and Lease Purchase. It was felt that sending clients to back and forth between programs to get signed up and then to receive funding would create an unnecessary loop. In the manner recommended, the clients would be sent directly to HOMEownership 80 to get signed up and to move forward. The design was to make it more of a "one-stop" approach for housing consumers. The projects will remain as before but the client will only have to go to one place to sign up. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Council Member Cole Council Member Cole spoke regarding the school drop-out numbers and urged approval of $25,000 for C-165 - Wichita, A Community Together Succeeding on Truancy. Motion -- Cole moved that $25,000 be added for C-165. Subst. Motion -- Kamen moved a substitute motion that the Grants Review Committee recommendations -- died for C-1 through C-209 be accepted. Substitute motion died for lack of second. Chris Cherches City Manager explained that if $25,000 were added to the public services category, only $13,971 in additional funding would be eligible for the public services category. Motion restated -- Cole, restating the original motion, moved that $25,000 be added to C-165 and be taken from the Capital Projects, perhaps streets. Subst. Motion -- Cather moved a substitute motion that the Grants Review Committee recommendations for C-1 through C-143 and C-195, and an additional $25,000 for C-165 be approved, and the difference be taken from the Human Services Department. Council Member Ferris Council Member Ferris stated that all requests were for valid proposals. The City Council has previously said there is a need to spend more money on capital projects. Now, an effort is being made to take funding back from capital projects. Mayor Knight Mayor Knight said Staff recommendations were a compromise between the Grants Review Committee recommendations and previous City Council preference indications. -- failed Substitute motion failed 5 to 2. Cole, Ferris, Gale, Rogers, Knight - No. Motion restated -- Cole restated the motion to move that the Staff recommendations plus an additional $25,000 for C-165 be approved, with the additional funding to be taken from Capital Projects. -- failed Motion failed 4 to 3. Cather, Ferris, Gale, Kamen - No. Motion -- Ferris moved that the Staff recommendations be approved. Motion carried 5 to 2. -- carried Cather, Kamen - No. RECESS The City Council recessed at 9:48 a.m. and returned at 10:08 a.m. Motion -- Knight moved that the rules be set aside and Item 8 be reconsidered. Motion -- carried carried 6 to 1. Ferris - No. Motion -- Cole moved that $25,000 be allocated to C-165 and the funds be taken from Capital -- carried Projects. Motion carried 5 to 2. Ferris, Gale - No. Motion -- Kamen moved that funding for C-101 ($37,200) and C-195 ($15,000) be approved. -- failed Motion failed 5 to 2. Cole, Ferris, Gale, Rogers, Knight - No. Motion -- Knight moved that the remaining Staff recommendations be approved and preparation -- carried of the action plan be authorized. Motion carried 5 to 2. Cather, Kamen - No. ELECTRICAL CODE AMEND. PROPOSED AMENDMENTS TO THE ELECTRICAL CODE (TITLE 19). Chris Cherches City Manager reviewed the item. Agenda Report No. 97-173. The National Electrical Code, published by the National Fire Protection Association, is revised and updated every three (3) years in order to keep current with changing industry standards and practices. The 1996 Edition of the NEC is the latest and most current edition. Presently the City of Wichita is enforcing the 1993 edition. Beginning in May, 1996, through October of 1996, the Board of Electrical Appeals along with the Electrical/Elevator section supervisor of OCI reviewed the 1996 NEC at their regularly scheduled monthly Board meetings and at three special meetings. Representatives from the Independent Electrical Contractors Association (IEC) were present and participated in the meetings. Agendas for the meetings were available to any and all interested persons. On October 8, 1996, the Board voted unanimously to recommend to the Wichita City Council that the 1996 National Electrical Code be adopted (by reference) as the wiring standard for the City of Wichita, and that it be adopted as published with the proposed amendments as described in the analysis below. Also, as a point of information, during OCI electrical section staff review of the 1996 NEC, representatives from the electrical section of Sedgwick County Code Enforcement Department contacted OCI and requested to attend and participate in the review process. They had been considering adoption of the 1996 NEC and after reviewing with OCI electrical staff, it was presented to Sedgwick County Commission for consideration and was recently adopted (be reference) as the wiring standard for Sedgwick County. The proposed changes are as follows: Section 19.08.150: (Permit fees). Updating the fee schedule reference to reflect the proper table in the currently adopted Uniform Building Code. However this does not change the existing electrical permit fees. Section 19.12.010: (Installation standards). Adoption of the 1996 National Electrical Code as a wiring standard for the City of Wichita, and also updating the reference to the Safety Code for Elevators and Escalators from the 1990 edition to the currently adopted 1993 edition of this same Code. Section 19.12.050: (Services and ampacities). Updating the reference to the National Electrical Code from the 1984 edition to the proposed adoption of the 1996 edition of this same Code. Section 19.12.100: (Smoke detectors). Updating the reference to the Uniform Building Code from the 1985 edition to the currently adopted edition of this same Code. Section 19.12.170: (Non-metallic sheathed cable). Updating the reference to the National Electrical Code from the 1990 edition to the 1996 edition of this same Code. Section 19.12.180: (Fixtures in clothes closets). Deleting the amendment to Section 410.8 of the National Electrical Code because this topic is now covered in the 1996 edition of this same Code. Section 19.12.190: (Securing and supporting of raceways, etc.). Creating an amendment to Section 300-11 of the proposed 1996 National Electrical Code that pertains to securing and supporting of wiring methods above a suspended ceiling. Section 19.12.200: (Permitted use of multiplex cable). Creating an amendment that permits the restricted use of multiplex cable as an approved wiring method for electrical installations within the City of Wichita. Section 19.24.020: (Private residence elevators). Updating the reference to the Safety Code for Elevators and Escalators from the 1990 edition to the currently adopted edition of this same Code. Section 19.24.040: (Elevator buffers). Updating the reference to the Safety Code for Elevators and Escalators from the 1990 edition to the currently adopted edition of this same Code. Section 19.24.060: (Elevator car enclosures). Updating the reference to the Safety Code for Elevators and Escalators from the 1990 edition to the currently adopted edition of this same Code. Section 19.24.110: (Required inspections). Updating the reference to the Safety code for Elevators and Escalators from the 1990 edition to the currently adopted edition of this same Code. There are no changes in permit, license and examination fees and remain the same as present. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the Ordinance be placed on first reading. Motion carried -- carried 7 to 0. ORDINANCE An Ordinance amending Sections 19.08.150, 19.12.010, 19.12.050, 19.12.100, 19.12.170, 19.24.020, 19.24.040, 19.24.060, and 19.24.110 of the Code of the city of Wichita, Kansas, and repealing the originals thereof; creating Sections 19.12.190 and 19.12.200; and repealing Section 19.12.180; all pertaining to the electrical code of the City of Wichita, Kansas, introduced and under the rules laid over. MUNICIPAL JUDGE APPOINTMENT OF MUNICIPAL JUDGE NOMINATING COMMITTEE. Gary Rebenstorf Director of Law reviewed the Item. Agenda Report No. 97-174. Terms of municipal court judges are for four years and the terms of three of the current judges, Harold Flaigle, Janet Arndt and Geary Gorup end on April 21, 1997. Charter Ordinance No. 142 provides the procedure for consideration of individuals, including the incumbent municipal court judges for appointment to these positions. Under this ordinance, it is necessary to appoint a Municipal Judge Nominating Commission to consider the current incumbents for retention. The nominating commission is to be composed of two non-lawyer members appointed by the City Council, and three lawyer members nominated by the Wichita Bar Association and appointed by the City Council. Appointment of a Municipal Judge Nominating Commission is necessary to review the incumbent judges and, in the event of a vacancy applications from persons interested in filling the vacancy. The Wichita Bar Association has been asked to provide its recommendations for lawyers to serve on the commission for this purpose. Municipal Court judges are necessary for the proper administration of the Wichita Municipal Court and Charter Ordinance No. 142 prescribes the process to be followed in the selection and appointment of these officials. Recommendations from the Wichita Bar Association for the Municipal Judge Nominating Commission were Roger Falk, Ken Weltz, and Dennis Wetta. Motion -- Rogers moved that Eugene Anderson (non-lawyer) be appointed to the Commission. -- carried Motion carried 7 to 0. Motion -- Cather moved that Lois Ann Newman (non-lawyer) be appointed to the Commission. -- carried Motion carried 7 to 0. Motion -- Knight moved that Roger Falk, Ken Weltz, and Dennis Wetta (lawyers) be appointed -- carried to the Commission. Motion carried 7 to 0. JUDGES REPORT MUNICIPAL COURT JUDGES REPORT. Motion -- Cather moved that this Item be deferred two weeks to allow additional time to study the Report. Motion carried 7 to 0. AIR QUALITY STANDARDS COMMENTS TO EPA PERTAINING TO CHANGES TO AIR QUALITY STANDARDS FOR OZONE AND PARTICULATE MATTER. Chris Cherches City Manager reviewed the Item. Agenda Report No. 97-176. EPA is soliciting comments on proposed Ozone and Particulate Matter (PM) air quality standards. These new standards have been proposed for two air pollutants: (1) ground level Ozone -- corrosive chemical formed by the chemical reaction of combustion gases and sunlight; and (2) particulate matter (PM) -- very small particles of soot/dust from combustion processes. [Automotive emissions are the primary sources of these pollutants and industry is the secondary source.] EPA bases these new standards on health and environmental studies. However, many communities are concerned about the cost-benefit of these new standards and the potential impacts on the local economy. Based on trend analysis of local air quality data the Wichita area will (most likely) remain in compliance or attainment with the new proposed standards. However, estimates do indicate that this area will be very close to potentially exceeding the new standards. Should Wichita-Sedgwick County violate these proposed standards and be placed in non-attainment status with the Clean Air Regulations, there could be severe impacts relating to economic development, transportation planning, construction funding, and curtailment of expansion and development of new businesses and industry. In addition, certain industries would be required to purchase additional emission control equipment. EPA is already implementing new regulations for auto and truck emissions which should help reduce PM levels. To provide comments on these proposed regulations and their impact on Wichita-Sedgwick County, Staff recommends that the City provide written comments to the EPA regarding these proposals. Jack Brown Environmental Health reviewed the standards for ozone and particulate matter. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cather moved that Letters of comment from the City to the EPA be approved with the elimination of the second sentence (on the letter re: Docket #A-95-54) which reads "The City urges the United States Environmental Protection Agency to maintain current air quality standards for particulate matter unless an overriding benefit or a positive economic impact can be demonstrated," and (in the same letter, sub-paragraph (2)) the words "is it" be changed to "it is"; and -- carried the Mayor be authorized to sign. Motion carried 7 to 0. MOBILE HOME/PARK ORDINANCE AMENDMENT TO MOBILE HOME AND MOBILE HOME PARK REGULATIONS - FOOTINGS REGULATIONS AND PIERS. Council Member Cather Council Member Cather reviewed the Item. Agenda Report No. 97-177. As mobile and manufactured homes have increased in size, the need for stronger and better-engineered footings and piers to support larger, heavier homes has also increased. Review of recent engineering test data regarding improved installation methods and materials for mobile home footing and pier construction indicate a need to upgrade the City's requirements in this regard. Staff has been meeting with industry design engineers and representatives of the Sedgwick County Manufactured Housing Association (SCMHA) on proposed changes to the Code. The industry is supportive of the proposed changes which will improve installation safety standards in the City of Wichita. The proposed amendments to Section 26.04.217 of the Mobile Home and Mobile Home Park Regulations will: (1) Eliminate the use of open-cell concrete blocks as part of the "footing" for mobile home foundation piers. Newer 4" thick concrete blocks can withstand 3-4 times the force of open-cell blocks, and provide a much safer overall installation. (2) Add requirements for pier cap plates and more specific requirements for "shimming" between the top of the cap plate and the mobile home frame. This will serve to protect the pier blocking and will provide a more solid transition between the pier and the frame. (3) Add requirements for double-tier stacking of piers when pier height exceeds 30 inches. (4) Add requirements to require engineered plans for piers which are over 48 inches in height. (5) Add language granting the Superintendent of Central Inspection more administrative authority to approve alternative footing and pier designs and materials when engineered and tested by an approved testing agency. There are no cost increases associated with these proposed ordinance changes. Council Member Kamen left the Bench. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cather moved that the Ordinance be placed on first reading. Motion carried -- carried 6 to 0. (Kamen absent) ORDINANCE An Ordinance amending Section 26.04.217 of the Code of the City of Wichita, Kansas, pertaining to manufactured home and mobile home foundation footings and piers, and repealing the original of said section, introduced and rules laid over. Council Member Kamen present. HOUSING TAX CREDITS STATE LOW INCOME HOUSING TAX CREDIT APPLICATIONS - LOCAL REVIEW PROCESS. Chris Cherches City Manager reviewed the Item. Agenda Report No. 97-178. The Kansas Department of Commerce and Housing (KDOCH) administers the federal Low Income Housing Tax Credit program for Kansas. Low Income Housing Tax Credits are a part of the federal Tax Reform Act of 1986 which provides federal tax credits to developers willing to designate at least 20% of their rental units for low income families. In the past, KDOCH has required Tax Credit applicants obtain a letter of support from the local governing body to be eligible for 10 additional bonus points on their Tax Credit application. In some cases, developers waived the bonus points by not obtaining a letter of support from the City Council. This led to local governing bodies not being aware of Tax Credit applications until after funding was approved by the State and the project was ready to commence construction. The City Council adopted Resolution No. R-95-479 on October 17, 1995, in response to neighborhood concerns; the fact several developers requested Letters of Support from the City Council on very short notice; and the need to provide adequate notice to adjacent property owners. This Resolution required applicants for Tax Credit projects in Wichita, who wish to receive a Letter of Support from the Mayor and City Council, notify the City 30 days in advance of the need for a letter and provide pertinent project details. The Resolution also requires the Tax Credit applicant give notice to all owners of record within 200 feet of where the project is to be located. At a regular City Council meeting, the City Council schedules a public hearing for comment and then considers the request for the Letter of Support. In January, 1997, the Kansas Department of Commerce and Housing (KDOCH) revised the State application guidelines for Low Income Housing Tax Credit (LIHTC) applications to eliminate the requirement for a Letter of Support from the local government as a condition of obtaining additional bonus points for Low Income Housing Tax Credit applications. This potentially circumvents City Resolution R-95-479 which requires applicants for tax credits desiring a Letter of Support from the City give notice to all property owners within 200 feet of a proposed tax credit project. For 1997, KDOCH will not award tax credits unless Tax Credit applicants demonstrate community support through one of the following methods: 1. Letter of support from the Mayor of the local governing body; 2. Letter of support from the chairperson of the County Commission; 3. Letters of support from a broad segment of the community; 4. Evidence of a community meeting wherein the community is provided an opportunity to comment on the proposed project; 5. Public surveys showing need and support for the project; Although the State would continue to submit a 30 day written notice to the Mayor for comment after the application is submitted, actual experience suggests the notice is too late for proper review by the City Council and does not give affected property owners proper notice or time to comment. Moreover, the State revisions permit Tax Credit applicants to potentially bypass the City Council and seek community support through other means and through other governmental units such as Counties. A possible effect is circumvention of City Resolution No. R-95-476: eliminating notice to all affected property owners and providing a thirty-day public hearing/comment period. The State has indicated it would consider any City comments regarding Tax Credit applications. However, the State has indicated it will not change the Tax Credit application process for 1997. Options available to the City include: _ Mayor, on behalf of the City Council, request the Governor and the Secretary of Commerce and Housing to establish a method of advance review of City Tax credit applications. _ Develop a Memorandum of Agreement with Sedgwick County wherein Sedgwick County will not issue a Letter of Support for Tax Credit projects in Wichita without review by the City Council. _ Seek legislative changes through the Kansas Legislature. _ Other. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that Mayor, on behalf of the City Council, request that the Governor and the Secretary of Commerce and Housing establish a method of advance review of -- carried City Tax credit applications. Motion carried 7 to 0. MCCONNELL AFB RATE ADJUSTMENTS: MCCONNELL AIR FORCE BASE. Chris Cherches City Manager reviewed the Item. Agenda Report No. 97-179. The City has received a request to consider the utilities expense of the McConnell Air Force Base and offer a Wichita rate base for water and sewer services. The basis for this request is to lower operational costs of the Base which, to some, may be insurance against future considerations for a base closure listing. The McConnell Air Force Base is located outside of the City's official boundaries. Because of being outside the City limits of Wichita, its water and sewer rates are based on City policy and reflect a higher retail rate. City staff recently conducted a survey of other communities to determine if military bases (within their communities) are provided special utility rates. Fifteen utilities were surveyed from the surrounding four state area, including Louisiana and Virginia which have military bases. Of the remaining cities with municipal utilities, six (6) provided special rates to the military bases and six (6) did not provide special rates. Of the six largest utilities surveyed, 67% did not charge the military base a special rate. Of those cities surveyed and providing special rates to military bases, 83% charged the base a rate LESS than the residential or "inside the city" rate customer. Seventeen percent of the utilities that charge a special rate to the military, have a rate equal to the residential or "inside the city" rate customer. Of the utilities that do not provide special rates, 50% charge a HIGHER rate than their residential customers. Based on the survey of these fifteen communities, there is a mixed response to providing special rates to military establishments. A policy to provide a special rate consideration can be supported based on the following: 1. A reduction in water and sewer rates to other tax supported governmental facilities theoretically will reduce the overall expenditures of these taxing entities, and thus the tax burden on taxpayers. 2. Outside the city rates are used as an incentive for annexation. Annexing government military establishments would not have a beneficial impact as they are tax exempt. In addition, if located within City boundaries, an argument for added municipal services could be made. Therefore, there is no practical, economic rationale to apply these rates to the entity. 3. Providing a special rate would demonstrate the City's support of the military base and acknowledge the economic impact such an installation makes to the well-being of the community. 4. The reduction of expenses for McConnell Air Force Base (and other military facilities within the community) may strengthen its position to avoid future base closure listings. Providing for special rates and other support services would illustrate the community's support to maintain the facility in Wichita. 5. McConnell Air Force Base has only two points of connection for water service and maintains its own internal distribution system, thus it is similar to a wholesale customer. The Base's water system is integral to the City's system and is also in close proximity to the City. Therefore, costs of service to the military base are moderated in comparison to other customers outside Wichita's corporate limits. For policy considerations, the City Council may continue the current rate structure for McConnell or provide special rates, equivalent to other Wichita rate customers, or establish a new rate category reflecting lower rates. The proposed ordinance amends Code section 16.14.040 and 17.12.090 to provide inside the city sewer and water rates to government military facilities located outside the city. In 1996, McConnell AFB paid $183,470 for water service and $204,026 for sewer service. If a special rate was provided, equal to the Wichita rate, it would have reduced its annual costs by $65,099 and its sewer charges by $72,396. The Kansas National Guard paid $12,311 for water in 1996. If the Guard was afforded this same special rate, it would have reduced its costs by $7,942. [Currently, the National Guard utilizes the Boeing sewer system so there would be no effect on sewer costs.] If a special "inside city rate" was charged to military facilities, it would reduce annual revenues of the Water & Sewer Department by .31 of 1% for the water utility, or $73,041; and reduce sewer charges by .33 of 1%, or $72,399. The proposed policy change would require an amendment to the Sewer Rate ordinance and the Water Rate ordinance. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the Ordinances providing for special rates to McConnell AFB and National Guard equal to the rates paid by the Wichita utility customer be placed -- carried on first reading. Motion carried 6 to 1. Kamen - No. ORDINANCE An Ordinance amending Section 16.14.040 of the code of the city of Wichita, Kansas, relating to the schedule of sanitary sewer rates for the government military facilities outside the City; and repealing the original of Section 16.14.040, introduced and under the rules laid over. ORDINANCE An Ordinance amending Section 17.12.090 of the code of the City of wichita, Kansas, pertaining to schedule of rates and charges for water service to government military facilities outside the City; and repealing the original of Section 17.12.090, introduced and under the rules laid over. CITY COUNCIL AGENDA APPOINTMENTS NOTICE OF VACANCY - CONVENTION & TOURISM COMMITTEE. One vacancy (Knight), due to the resignation of Charles Brown, for a term expiring June 30, 1997. Motion -- Knight moved that the rules be set aside and an appointment be made off the -- carried Agenda. Motion carried 7 to 0. Motion -- Knight appointed Jane Gilchrist and moved that the appointment be approved. -- carried Motion carried 7 to 0. CONSENT AGENDA Knight moved that the Consent Agenda, including Addendum Item, except Items 17, 18, and 36, 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 MARCH 3,1997. At 10:00 a.m., Friday, February 28, 1997, pursuant to advertisements published, bids were received, publicly opened, read aloud and tabulated for the Board of Bids and Contracts: (Ref: Bid analysis report attached to Board of Bids Minutes 3/3/97) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS 1995 Water Main Replacement (Group E): Vassar, Lincoln to Orme; Rutan, Lincoln to Orme; Holyoke, Lincoln to Orme; Orme, Holyoke to Rutan (89007); Clifton, Orme to Yale to Gilbert to Longview; Yale, Morris to Orme; Roosevelt, Morris to Orme (89008); Morris, Crestway to Dellrose, Gilbert, Pershing to Oliver; Dellrose, Lincoln to Gilbert; Orme, Pershing to Dellrose (89009). (448-89007/89008/89009/634600/544460) Traffic to be maintained during construction using flagpersons and barricades. (Council approval 7-18-95) (District II & III) Mies Construction - $690,000.00 Rogers moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign for the City. Motion carried 7 to 0. PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS: DEMOLITION AND ASBESTOS REMOVAL OF 13 PROPERTIES (701532) AS PER SPECIFICATIONS National Builders Group I - $38,540.00 (Total Net Bid)* Group II - $31,915.00 (Total Net Bid) *Corrected Total GENERAL GOVERNMENT DEPARTMENT/OFFICE OF CENTRAL INSPECTION: REHABILITATION OF 2603 BULLINGER (616946-2505) AS PER SPECIFICATIONS Original Rock Replicas - $35,962.00 (Total Net Bid) WATER & SEWER DEPARTMENT/PRODUCTION & PUMPING: CARBON DIOXIDE AS PER SPECIFICATIONS BOC GASES - $110.00 Cost Per Ton PARK & RECREATION DEPARTMENT/VARIOUS: FERTILIZERS, FUNGICIDES, HERBICIDES & INSECTICIDES AS PER SPECIFICATIONS Group I - Garden-Wise Distributors $28,868.70 (Total Net Bid) Group II - Garden-Wise Distributors $ 353.20 (Total Net Bid) Group III - Garden-Wise Distributors $10,168.55 (Total Net Bid) Group IV - D & D Turf Supply, Inc. $ 7,986.40 (Total Net Bid)* Group V - The Scotts Company $ 5,373.04 (Total Net Bid) Group VI - Garden-Wise Distributors $ 2,362.15 (Total Net Bid) Group VII - Andale Farmers Coop $ 467.88 (Total Net Bid) Group VIII - D & D Turf Supply, Inc. $ 1,296.00 (Total Net Bid) Group IX - Garden-Wise Distributors $ 811.50 (Total Net Bid) Group X - United Horticulture Sup. $16,655.10 (Total Net Bid) Group XI - Estes, Inc. $13,508.60 (Total Net Bid) Group XII - United Horticulture Sup. $ 1,560.00 (Total Net Bid) Group XIII - The Scotts Company $ 3,315.00 (Total Net Bid) Group XIV - Terra Distribution $ 8,795.89 (Total Net Bid) Group XV - Estes, Inc. $ 986.40 (Total Net Bid) Group XVI - Outdoor $ 1,755.00 (Total Net Bid) Group XVII - Outdoor $ 1,575.00 (Total Net Bid) Group XVIII - Outdoor $ 796.00 (Total Net Bid) Group XIX - Terra Distribution $ 850.00 (Total Net Bid) Group XX - Terra Distribution $ 6,949.44 (Total Net Bid) Group XXI - United Horticulture Sup. $ 1,556.40 (Total Net Bid)~ *Corrected Total ~Item 2 Deleted from Group Rogers moved that the contract(s) be awarded as outlined above, same being the lowest and best bid. Motion carried 7 to 0. WATER & SEWER DEPARTMENT/SEWAGE TREATMENT: TRANSPORTATION OF BIOSOLIDS AS PER SPECIFICATIONS Motion -- carried Rogers moved that this Item be deferred two weeks. Motion carried 7 to 0. (Item No. 18) LICENSE APPLICATIONS APPLICATIONS FOR LICENSES. Retail Cereal Malt Beverages. Renewal 1997 (Consumption on Premises) Wayne L. Pearson Tropics Lounge*2705 N. Broadway (Consumption off Premises) Helen Lu KC Gas & Groceries1161 N. Broadway# Ly Ngoc Thi Nguyen Thai Binh Supermarket1530 W. 21st# John R. Leftwich C Mart #7303 3810 N. Woodlawn John R. Leftwich C Mart #9109 400 S. West New Establishment 1997 (Consumption on Premises) Roman Romero Angela's Cafe* 901 E. Central *General Restaurant-Beer Sales derive less than 50% of gross revenues. #Located within 150 feet of a residential district Motion -- Cather moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 7 to 0. Escort Services. Terry L. Her New Elite Dating2415 S. Glendale Sondra Sweeden Primetime Entertainment1301 W. Douglas New Operator 1997 (Consumption on Premises) Monica Greenwood Skylander Lounge1637 S. Broadway# Motion -- carried Cather moved that the Items be deferred two weeks. Motion carried 7 to 0. PLANS AND SPECS. PLANS AND SPECIFICATIONS. 1997 Storm Water Utility Drainage Program to serve Bluff, north of 21st (east of Hillside, north of 21st Street). Does not affect existing traffic. (Council approval date 970204) (District I) (468-82679/660290/561604) 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., March 14, 1997. Motion carried 7 to 0. SUBDIVISION PLANS AND SPECIFICATIONS. a. Water Distribution System to serve Aberdeen 2nd Addition (north of 21st, east of 119th Street West). Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 10- 29-96) (District 5) (448-89064/733600/470-438) b. Storm Water Sewer #371 to serve Pearson Farms Addition (south of 21st, west of Maize). Does not affect existing traffic. (Council approval date 06-07-88) (District 5) (468-81868/750901/485-126) 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., March 14, 1997. Motion carried 7 to 0. PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. 27th Street North and Parkwood from the east line of Beacon Hill to the east line of Beacon Hill, and Parkwood Court from the east line of Parkwood to and including cul-de-sac to serve The Courts II Addition - $242,450.00. Does not affect existing traffic. (Council approval date 07-12-88) (District I) (472-81822/605980/490-072) b. North-South Alley between Mead and Mosley to serve Viola Addition (from 18th to 19th Street North) - $62,000.00. Does not affect existing traffic. (Council approval date 12-5-95) (District VI) (472- 82659/763516/490-454) c. Haskell from the east line of Lot 22, Block 1, to the north line of Lot 37, Block 1 and sidewalk on the south side of Haskell; and Haskell Courts serving Lots 23 through 28 inclusive, Block 1, and Lots 29 through 35 inclusive, Block 1, from the north line of Haskell to and including the cul- de-sac to serve Prairie Woods Addition (north of Pawnee, east of Maize) - $124,000.00. Does not affect existing traffic. (Council approval date 03-21-95) (District V) (472-82566/763961/490-499) d. Haskell from the south line of Lot 7, Block 1, to the east line of Lot 22, Block 1 and sidewalk on the south side of Haskell; and Haskell Court serving Lots 1 through 22 inclusive, Block 1, from the north line of Haskell to and including the cul-de-sac. to serve Prairie Woods Addition (north of Pawnee, east of Maize) - $162,000.00. Does not affect existing traffic. (Council approval date 03-21-95) (District V) (472-82565/764027/490-505) e. "L" type Hammerhead Turnaround on Edgemoor (south line of The Courts II Addition) - $10,150.00. Does not affect existing traffic. (Council approval date -7-12-88) (District I) (472-81826/764134/490-516) f. Dry Creek Interceptor Sewer, Phase I, Part A (Harry and Oliver)- $124,842.25. Does not affect traffic. (Council approval date 9-26- 95) (District III) (468-82541/632414/533-316) g. 1995 Water Main Replacement (Group C): Richmond Street, 3rd Street to Douglas; 3rd Street, Richmond to Meridian (88996); Sedgwick Street, Douglas to 2nd Street (88998); St. Clair Street, Maple to Douglas (88999); St. Clair Street, Kellogg Drive to Maple Street; Mentor, Sedgwick to St. Clair (89000) (Kellogg and Meridian) - $864,572.00. Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 7- 18-95) (District IV & VI) (448-88996/88998/88999/89000/634-402/544-440) Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 7 to 0. WATER DIST. PETITION WATER DISTRIBUTION SYSTEMS TO SERVE ROCKY CREEK ADDITION (NORTH OF 13TH, EAST OF 127TH STREET EAST). (District II) Agenda Report No. 97-180. The signature on the petitions represents 100% of the improvement districts. Rocky Creek Addition was platted in December 1996 as a single-family neighborhood. The developer has submitted new petitions to recon- figure the area to accommodate the current lot sales rate. The petition budgets total $276,000. The funding source is special assessments. Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-97-047 Resolution of findings of advisability and Resolution authorizing construction of Water distribution System Number 448-89095 (north of 13th, east of 127th Street East) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-97-048 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89120 (north of 13th, east of 127th Street East) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-97-049 Resolution of findings of advisability and Resolution authorizing construction of Water distribution System Number 448-89121 (north of 13th, east of 127th Street East) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. WATER LINE PETITION WATER LINE PETITION TO SERVE LOTS 12 AND 13, BLOCK G, COUNTRY ACRES FOURTH B ADDITION. (District V) Agenda Report No. 97-181. The signatures on the petition represent 100% of the improvement district. Country Acres 4th B Addition was developed in approximately 1973. Water mains were extended to serve a portion of the plat. Several lots were not served by the extension. The area residents now request City water service. The petition budget totals $16,000. The funding source is 43% by special assessments and 57% payable by the Water Utility Improvement Fund. Motion -- Knight moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-97-050 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89125 to serve Country Acres Fourth B Addition (east of Ridge, south of 13th) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. BOARDS MINUTES MINUTES OF ADVISORY BOARDS. Board of Code Standards and Appeals, 2/3/97 Civil Rights & Services Board, 2/3/97 CPO Northeast Council 1, 2/10/97 CPO Southeast Council 3, 2/13/97 CPO Southwest Council 4, 2/13/97 CPO North Central Council 6, 2/12/97 Metropolitan Area Planning Commission, 1/30/97 Sedgwick County Solid Waste Management Committee, 2/17/97 Wichita Airport Authority, 1/21/97 Wichita Art Museum, 1/16/97 Wichita Art Museum, 1/23/97 Wichita Traffic Commission, 12/18/96 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 7 to 0. STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. Agenda Report. Ritchie Paving, Inc. will soon begin the reconstruction of Maize Road between 13th and 21st Streets. Maize Road will be improved to a four-lane arterial. During this construction process, it will be necessary to limit Maize Road traffic to one lane, northbound only. Per the contract, approval is requested for this partial closure as noted on the construction plans. This partial closure is necessary to allow the removal of a portion of the existing pavement and subgrade which will allow the construction of the new pavement. The contractor is responsible for construction barricades, detour signing, and notification of existing businesses and residents. During the closure, southbound Maize Road traffic will be detoured as follows: 21st Street to Tyler Road to 13th to Maize Road. Motion -- Knight moved that the request be approved subject to coordination with City -- carried Staff, and submission of an insurance certificate. Motion carried 7 to 0. CLAIM SETTLEMENT AGREEMENT FOR SETTLEMENT OF CITY'S CLAIM FOR SPECIAL ASSESSMENTS. (District V) Agenda Report No. 97-182. In the middle 1980's the City spread special assessments against a piece of property located immediately west of the Big Ditch and east of Hoover Road and between Kellogg and Harry Street. These specials were for water improvements and storm drain work. They totaled approximately $34,000. The specials were paid in the first two years (1985 and 1986) but have been delinquent ever since. The balance of these specials at present is some $28,000. Interest and penalties on the delinquencies is another $20,000. The property has been owned all this time by Roman and Mary Weninger. The Weningers are tax protesters who, because of their refusal to pay taxes (including the IRS) have liens against their properties in an amount well over $20 million. They have taken bankruptcy in Colorado. The Bankruptcy trustee has approached the City about some compromise of the special assessments that are due in order to make it more likely that the property can be sold to a third-party and developed. Randall J. Voth, a local developer, has proposed that the City forgive the delinquent special assessments for the years 1987 through 1996. He will prepay the remaining three years (1997, 1998 and 1999). He will also guarantee that, within 30 months, he will have developed this unimproved tract of land with improvements having an assessed value for ad valorem tax purposes of at least $750,000. He proposes to post a letter of credit in the amount of $30,000 to guarantee this development. This settlement will result in the City forgiving over $20,000 of the original assessments and approximately the same amount in interest and penalties. However, without some compromise there is almost no chance that this property will develop. In its unimproved state it generates an insignificant amount of property tax for the City and other taxing units. As developed by Mr. Voth, the City would stand to receive considerable property tax revenue from this property starting in the near future. Should the City refuse to forgive the delinquent specials the bankruptcy would proceed, the property would be sold for taxes. In that case, the amount realized by the City would be almost nothing and all past taxes would be extinguished by the sale. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. LAWSUIT SETTLEMENT SETTLEMENT OF LAWSUIT - MARY K. BLUE. Agenda Report No. 97-183. Mrs. Blue was injured as a result of an auto accident in May of 1993 at the intersection of Hillside Avenue and the on-ramp for westbound traffic on K-96 Highway. She sued the City for negligence in permitting high weeds to grow on the median at this intersection which caused a sight obstruction. After investigation of the claims and nature of the injuries, the risks associated with a trial were considered by all parties. Mrs. Blue has offered to accept a total of $90,000.00 as full settlement of all of her claims against the City. Because there is a risk that the judgment at trial could exceed this amount, the Law Department recommends acceptance of this offer. The settlement of this claim does not constitute an admission of liability on the part of the City. Rather, it is merely a settlement to resolve a disputed claim. Funding for this settlement payment is from the City's tort claims fund. Motion -- Knight moved that payment to Mrs. Blue of $90,000.00, as a full settlement of all possible claims arising out of the occurrence which is the subject of the claim, -- carried be authorized. Motion carried 7 to 0. NE SEWER MASTER PLAN AGREEMENT FOR SEWER MASTER PLAN FOR NORTHWEST WICHITA. (Districts V and VI) Agenda Report No. 97-184. On January 7, 1997, the Staff Screening and Selection Committee selected Brown & Caldwell for engineering services for a Sewer Master Plan for Northwest Wichita. On January 14, 1997, the City Council approved the Capital Improvement Program Project S-5, Sanitary Sewer Mains for Future Developments. The areas adjacent to the northwest City limits sanitary sewage collection system are experiencing rapidly increasing urban development. The capacity of the existing system is unable to accommodate the extent of that potential development. The Water and Sewer Department staff recognizes the need to perform wastewater master planning for northwest Wichita and recommends that a Sewer Master Plan be developed and a portion of the 1997 CIP S-5 budget be utilized to fund the plan. Brown & Caldwell agrees to provide the technical and professional services, equipment, material and transportation to perform the tasks as outlined in the "Scope of Services" in addition to other tasks set out in the Agreement for Engineering Services. The 1997 CIP budget amount for S-5 is $1,192,000. These funds are to be utilized to plan, model, design and construct mains to serve future growth areas. Payment to Brown & Caldwell is set out under "Payment Provision" in the Agreement and that the cost for services described in the "Scope of Services" shall not exceed $99,800 as specified in Exhibit C of the Agreement. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. CHENEY RESERVOIR STUDY ENVIRONMENTAL STUDY OF CHENEY RESERVOIR. (All Districts) Agenda Report No. 97-185. Cheney Reservoir was constructed as a joint City/Bureau of Reclamation project. It is a vital part of the City's water supply, and currently provides over 50 percent of the the City's annual water needs. The Reservoir will serve an even bigger role in the City's water supply as the approved Water Supply Plan is implemented. The Reservoir was also constructed as a multi-user facility. It provides flood-control, fish and wildlife, and recreational benefits to the surrounding area. In 1990, the City began experiencing occasional taste and odor problems in water from Cheney Reservoir. Research by the Water and Sewer Department concluded that the source of those taste and odor problems was the growth of blue-green algae. On June 28, 1994, the City Council authorized a Cooperative Agreement with the Bureau of Reclamation to perform an environmental survey of the Reservoir. The information currently available about reservoirs indicates that blue-green algae needs a particular environment in order to grow and survive. Prior to 1990, the environment of Cheney Reservoir did not support the growth of blue-green algae. One of the purposes of the environmental survey was to determine why the algae is now able to grow in the Reservoir. The study, which collected water, soil, sediment and fish samples over a 12-month period, has now been completed. The study focused on the elements which most likely influence the bio-productivity of the Reservoir, and included a comprehensive look at the Reservoir and adjacent areas. A broad range of chemical, biological, physical and hydrological data was collected. Data was also compiled on the inflow and outflow of water through the Reservoir to be used in conjunction with data collected during the study. While the main purpose of the survey was to gather data about the Reservoir, there are some conclusions that the study was able to make. Those include: * The Reservoir does not stratify, probably because of the wind and wave action that occurs. This means that there are no significant differences in water quality at various depths of the Reservoir. * Based on several different indexes that are currently used, Cheney Reservoir can already be classified as eutrophic, and has enough nutrients in the water to support the growth of blue-green algae. The only reason that algae is not a continuous problem is because the wave action at the lake is significant enough that it stirs up the sediments in the water and reduces the amount of light available for the algae. * The sediments in the bottom of the Reservoir are not accumulating elemental (metal) constituents to any great degree. * Concentration of trace elements in fish in the Reservoir are similar to those found in fish nationwide, and the overall concentrations in the sediments and fish did not suggest any form of elemental contamination. * The data collected in this survey indicate that the Reservoir has not deteriorated to a point that is dangerous at this time, but it is a candidate for remedial action. This survey is the first step in attempting to remedial the eutrophic condition of the reservoir. The proposed CIP (#W-548) contains $300,000 in 1998 to do remediation planning and action for the Reservoir. However, until experts have reviewed the material in this survey, it is impossible to speculate on what type of remedial work is recommended for the Reservoir. Remedial work will address contaminates that are in the Reservoir, and the City is involved in activities to reduce incoming contaminates in the watershed above the Reservoir. By cleaning up the contaminates and reducing or eliminating new contamination, the water quality will meet standards the City needs to utilize Cheney Reservoir as a water resource. The current CIP (#W-548) has allocated $200,000 per year for the installation of new practices in the watershed above the Reservoir that will reduce pollution entering the Reservoir. The proposed CIP includes $300,000 in 1998 for the remediation plan and implementation in 1998. Motion -- carried Knight moved that the Study be received and filed. Motion carried 7 to 0. LEGAL SERVICES CONTRACT CONTRACT FOR LEGAL SERVICES-SOUTH SENECA LAWSUITS (CASE NO. 96 C 902). Agenda Report No. 97-186. Early in 1996, a lawsuit was filed by several hundred property owners seeking damages from the City resulting from flooding in the area of South Seneca and 55th Street South in 1993 and 1995. In July 1996, the City contracted with the law firm of Morris, Laing, Evans, Brock & Kennedy to defend the City in this lawsuit. The limits of the present contract for their legal services has been exhausted. This amount was $40,000. In order to continue, it is necessary to amend the agreement. This is a large and complex lawsuit which has required significant legal work. It is anticipated that legal work will continue over the next 18 months. The amount of the new agreement is $30,000. The fees will be paid from the tort liability fund. Motion -- Knight moved that the Contract be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. EQUIPMENT PURCHASE PURCHASE COMMUNICATIONS EQUIPMENT FOR POLICE DEPARTMENT. Agenda Report No. 97-187. The Police Department has requested 21 portable radios, 21 mobile radios, 21 lapel microphones, 21 mobile chargers and 3 six unit rapid chargers, and 3 individual chargers. These purchases will provide radio communication for additional officers budgeted for through the Public Safety Initiative. The equipment to be purchased must be compatible to the 800 MHZ trunked communi-cations system operated by the Department of Emergency Communications. The equipment must be integrated into the shared mobile relay to provide efficient and dependable range and clarity of communications. To be compatible with the existing 800 MHZ system (which was purchased from Motorola) and fully integrate into this system the equipment purchased is available only from Motorola Communications and Equipment. The purchase of this radio equipment will cost $105,558. There are sufficient funds available for the purchase of this equipment in the 1997 budget. The Purchasing Ordinance No. 35-856, Section 2(b) provides for the purchase of equipment and supplies from sole sources of supply without advertising for bids. Motion -- Knight moved that the purchase of radio equipment from Motorola Communications and Equipment in the amount of $105,558.00, as allowed under the provisions of the purchasing ordinance for sole source of supply, be approved. Motion carried -- carried 7 to 0. PARK SITE IMPROVEMENTS SITE IMPROVEMENTS/NEW PARKS. (All Districts) Agenda Report No. 97-188. The 1997 Capital Improvement Program provides $50,000 to be used for site improvements on land acquired for park development. The Department of Park & Recreation proposes use of these funds to make improvements to land at 27th & Richmond St. in southwest Wichita (District IV), to be known as "Wildwood Park," and at other sites to be determined. In order to provide neighborhood parks in areas of the city that are underserved, the City has allocated funds to develop designated areas into parks. It is proposed that a portion of these funds allocated in the 1997 Capital Improvement Program for New Park Development be used for improvements to land located at 27th & Richmond in southwest Wichita. This land was leased from Unified School District #259 in 1995 to be developed as a park. A plan for development of this site was created after numerous meetings with neighbors in the area. The plan was then presented to CPO #4 and approved on 1/23/97 The Park Board approved the development plan at their 2/10/97 meeting. Neighbors of the proposed park area also have requested that the park be named "Wildwood Park." Other park sites will receive the benefit of any funds remaining after this park has been developed. The estimated cost of improvements to Wildwood Park and to other park sites is $50,000 and the funding source is general obligation bonds. Motion -- Knight moved that the project be approved and the Resolution be adopted. Motion -- carried carried 7 to 0. RESOLUTION NO. R-97-051 A Resolution authorizing the issuance of bonds by the city of Wichita at large for site improvements at various parks, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. EASEMENTS EASEMENT APPROVAL - EQUUS BEDS GROUNDWATER RECHARGE DEMONSTRATION PROJECT - CITY OF HALSTEAD. Agenda Report No. 97-189. In November, 1995, the City Council approved the Equus Beds Groundwater Recharge Demonstration Project. The demonstration project is a phased, small-scale, investigative $3.4 million trial project to test the feasibility of a full-scale $106 million groundwater recharge, storage and recovery project 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, 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 utilization. The project includes a field testing program, with $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 and easements accessing them were selected by the project consultants Burns & McDonnell. The proposed temporary easement will be used for the Harvey County treatment facility and the 12-inch water lines that will take water from the Little Arkansas River, process the water and pump it into the Equus Beds. The proposed Harvey line is approximately two miles long and will require the acquisition of this site as a permanent easement. The City has successfully negotiated a temporary easement for the Harvey County River Intake and Treatment facilities site from the City of Halstead for the needed land. The purchase of the permanent easement is being negotiated, but it is necessary to have immediate access to the property for the contractors and consultants. The Halstead temporary easement permit is at no cost to the City of Wichita. Motion -- Knight moved that the Easement Agreements be approved and the Mayor be authorized -- carried to sign the necessary documents. Motion carried 7 to 0. EASEMENT APPROVAL - EQUUS BEDS GROUNDWATER RECHARGE DEMONSTRATION PROJECT - SEDGWICK COUNTY. Agenda Report No. 97-190. In November, 1995, the City Council approved the Equus Beds Groundwater Recharge Demonstration Project. The demonstration project is a phased, small-scale, investigative $3.4 million trial project to test the feasibility of a full-scale $106 million groundwater recharge, storage and recovery project 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, 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 utilization. The project includes a field testing program, with $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 and easements accessing them were selected by the project consultants Burns & McDonnell. The proposed temporary easement will be used for the Sedgwick County treatment facility and the 12-inch water lines that will take water from the Little Arkansas River, process the water and pump it into the Equus Beds. The proposed Sedgwick line is approximately two miles long and will require the permanent acquisition of this site containing a total of 92.333 acres. The City has successfully negotiated the purchase of a temporary easement for the Sedgwick River Intake and Treatment facilities site from Dorothy E. McGinn for $1,000.00 for 92.333 acres of land. The purchase of the land is being negotiated as required under federal guidelines, but it is necessary to have immediate access to the property for the contractors. 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 $1,300.00 includes: $1,000.00 for acquisition, $300 for costs for closing fees, recording costs, etc. Motion -- Knight moved that the budget and Easement Agreements be approved and the Mayor be -- carried authorized to sign any necessary documents. Motion carried 7 to 0. PROPERTY ACQUISITION ACQUISITION OF PROPERTIES BY EMINENT DOMAIN FOR THE NORTHWEST WATER TRANSMISSION, PHASE TWO. (Districts V and VI) Agenda Report No. 97-191. The Northwest Water Transmission Project, approved by Council on July 18, 1995 requires the acquisition of fifty-three easements along the Northeast side of the Missouri Pacific Railroad which runs along Zoo Boulevard from ninth street to Interstate I-235. The easements needed are located in the right of way easement granted to the railroad. The adjacent owners have a reversionary right to the right of way if it is ever abandoned. To perfect, title easements are required from the adjacent owners. Staff has attempted to negotiate the purchase of these easements. To date, four of the required easements have been returned, and five other owners have agreed to sign the easements. This leaves forty-four easements to be acquired. As the construction schedule is relatively short, eminent domain action is deemed advisable on the remaining easements needed. Staff will continue to actively negotiate on the remaining easements. If the easement is acquired during the process, it can be dropped from the ordinance. The cost of this acquisition are to be paid by the City at large. Motion -- Knight moved that the ordinance providing for the acquisition by eminent domain of certain real property and directing the City Attorney to file the appropriate proceedings in the District court to accomplish such acquisition be placed on -- carried first reading. 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 the purpose of constructing, maintaining, and repairing water distribution system and all other public utilities and to be known as the Northwest Water Transmission Project in the City of Wichita, Sedgwick County, Kansas; designating the lands required for such purposes and directing the City Attorney to file a petition in the District Court of Sedgwick County, Kansas, for acquisition of the lands, easements, and access control, therein taken and providing for payment of the cost thereof, introduced and under the rules laid over. ACQUISITION OF PERMANENT EASEMENTS FOR THE NORTHWEST WATER TRANSMISSION, PHASE TWO. Agenda Report No. 97-192. The Northwest Water Transmission Project, approved by Council on on July 18, 1995 requires the acquisition of fifty-three easements along the Northeast side of the Missouri Pacific Railroad which runs along Zoo Boulevard from ninth street to Interstate 235. The easements needed are located in the right of way easement granted to the railroad. The adjacent owners have a reversionary right to the right of way if it is ever abandoned. To perfect title, easements are required from the adjacent owners. The owners of four of these tracts (Tract #4, #29, #34, and #48) have signed and returned the easement forms. Several other owners have agreed to sign but have not returned their forms yet. The owners were offered $100 for each easement as the estimated market value of the reversionary easement is minimal. This is the only railroad line that directly serves the Hutchinson; therefore, the probability of the abandonment of the right of way is minimal. These property owners have agreed to convey the easement to the City of Wichita for the offered amount. The Budget of $450 includes $400 the acquisition, and $50 for filing fees. These are the first tracts acquired for the project. After the purchase of these easements, 49 will remain to be acquired through either negotiation or eminent domain. Motion -- Knight moved that the Budget and Easements be approved; and the Mayor be -- carried authorized to sign the necessary documents. Motion carried 7 to 0. (Item No. 36) ACQUISITION OF PROPERTY - 29TH/WOODLAWN. (District II) Council Member Rogers Council Member Rogers reviewed the Item. Agenda Report No. 97-193. Because of its location and proximity to the City's Environmental Education Center, it is proposed to acquire the (Quik Trip) property at 29th and Woodlawn. This property under public ownership would preserve the integrity of the adjacent Nature Center. The property at 29th/Woodlawn, presently owned by Quik Trip, adjoins Chisholm Creek Park and the Great Plains Nature Center. It is proposed to acquire the Quik Trip property because the current allowable commercial use of this property would not be conducive to the environment desired for the location. Residents have submitted a petition (105 signatures) requesting that the City acquire this property. The CPO Council also supports the acquisition. The current owner has $283,000 invested in the property. Company representatives have indicated a willingness to reduce the cost for the property and donate the balance as a tax gift to the City. The proposed purchase price is $150,000. The donation toward this sale requires anti-competition type restrictions. The property acquisition would be financed from funds in the Capital Improvement Program (CIP) for park projects. Motion -- Rogers moved that the acquisition of the property at 29th/Woodlawn be approved; the funding Resolution be adopted; and the Mayor be authorized to execute the -- carried necessary documents. Motion carried 6 to 1. Ferris - No. RESOLUTION NO. R-97-052 A Resolution approving the acquisition for park purposes of certain real property located at 29th and Woodlawn, adjoining Chisholm Creek Park and the Great Plains Nature Center, in the City of Wichita, Kansas, and declaring it to be the intention of the City to issue General Obligation Bonds in an amount not to exceed $150,000.00 to pay all or a portion of the costs of such acquisition, presented. Rogers moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. ITS PLANNING STUDY AGREEMENT FOR INTELLIGENT TRANSPORTATION SYSTEM (ITS) EARLY DEPLOYMENT PLANNING STUDY. Agenda Report No. 97-194. The Federal Highway Administration (FHWA) and the Kansas Department of Transportation (KDOT) have budgeted $500,000 to be used for the Intelligent Transportation System (ITS) Early Deployment Planning Study in the City of Wichita. The overall purpose of ITS is to employ advanced systems such as improved computers, communications, and process control technologies to improve the efficiency and safety of the transportation system. To address the concerns of increased congestion and increasing demand of the transportation system, ITS directs its focus towards better utilization of existing facilities, rather than building additional facilities. Although most ITS functions are designed and developed for highway and interstate facilities (like I-135, I-235, K-96, US-54, etc.) and the resulting interchanges with arterial roadways, the City's study will also consider the possible improvements of at-grade railroad crossings. The Agreement between KDOT and the City provides for the City to hire an engineering consulting firm to undergo the City's ITS Early Deployment Planning Study. The purpose of the Study is to identify the ITS user services appropriate for Wichita, and to develop a Deployment Plan based on these user services. The estimated cost for the project is $500,000 and will be funded by $400,000 of federal grant funds and $100,000 of state matching funds. The City's share will consist only of staff time and will be absorbed by Engineering's budget. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. IRB - CONTEMPORARY EXTENSION OF LETTER OF INTENT - CONTEMPORARY COMMUNICATIONS, L.L.C. Agenda Report No. 97-195. On September 10, 1996, the City Council approved the issuance of a Letter of Intent for Taxable Industrial Revenue Bonds in an amount not to exceed $1,020,000 to Contemporary Communications, L.L.C. Bond sale proceeds will be used to construct a new building at a site yet to be determined and to purchase additional machinery for their printing and mailing business. Contemporary Communications is requesting that the City Council extend their Letter of Intent for a period of 18 months to permit them to complete the process of obtaining a new site for their facility. At the time that the City Council approved the Letter of Intent, the City was informed that an pollution problem had been uncovered at the site they had intended to purchase. Subsequently, Contemporary Communications began negotiating with the City for the purchase of land in the Bridgeport Industrial Park, which negotiations are not yet concluded. In the meantime, Contemporary Communications has entered into a 12-month lease of temporary quarters to give them enough time to complete the acquisition of a site and construction of a new facility, possibly in Bridgeport. Contemporary Communications agrees to pay all costs of issuing the bonds and agrees to pay the City's $2,500 annual IRB administrative fee for the term of the bonds. Contemporary Communications was granted a 77% tax abatement of ad valorem property taxes on the project. A cost/benefit analysis was performed by Wichita State University showing benefit-to-cost ratios of 3.75 for the City; 1.46 for the County; 1.12 for U.S.D. 259 and 3.74 for the State. Motion -- Knight moved that the request for an extension of Contemporary Communication's Letter of Intent for a 18-month period to September 10, 1998, be approved. -- carried Motion carried 7 to 0. ARTS GRANT APPLICATION ARTS IN EDUCATION COMPONENT GRANT APPLICATION TO KANSAS ARTS COMMISSION. Agenda Report No. 97-196. The Public Art Advisory Board (PAAB) proposed to submit a grant application for operational support with an Arts in Education Component to the Kansas Arts Commission (KAC), on behalf of the Cultural Arts Program, for $50,000 ($25,000 for operational support, and $25,000 for the Arts in Education component). Grant money will be used to provide financial support for program operation and to finance enhancements to our cultural arts programs, which will include: 1) Expanding arts classes offered to youth between the ages of 6 and 15; 2) Increase the number of area third, fourth, and fifth graders served through Art Reach; 3) Reinstate Arts in Schools; 4) More than double the number of neighborhood students served through Art Club; and 5) Aid in Art Camp programming. The funding is designed to augment, not replace, local support for the arts. Motion -- Knight moved that the grant application be approved and the Mayor be authorized to sign a letter authorizing the Public Art Advisory board to submit the required -- carried documentation to the Kansas Arts Commission. Motion carried 7 to 0. ADDENDUM ITEM PROPERTY LEASE LEASE OF 458 NORTH WACO. (District VI) Agenda Report No. 97-205. Kevin Brown has proposed to lease the City-owned building at 458 N. Waco. The building has 4,320 square feet and most recently housed the East India Trading Company. The property was acquired as part of the Rounds and Porter assemblage. Mr. Brown intends to operate the facility as a club/grill. To this end he has acquired the equipment of the prior tenant. The tenant has been active in the club industry for over twenty years in the Wichita area. He currently operates the Lassen Club. The proposed lease provides for a five year term with one-five year option. The lease also contains a clause allowing cancellation within 90-days of declaration that the premises are needed for public purpose. Cancellation within the first three years of the term requires a payment to the tenant of $30,000 in the first year, $20,000 in the second year or $10,000 in the third year. The lease rate is $2,500 per month during the first term and $3,000 during the second. The tenant will be responsible for all expenses including repairs, maintenance, utilities, property taxes and insurance. The rent equates to $6.95 per square foot. This approximates market rents. There are approximately $3,000 of needed roof repairs that will be required whether the property is leased or vacant. This expense will be funded from the Property Management Special Revenue Fund. If there is any cost associated with the cancellation clause, it is assumed that the project triggering the cancellation will bear that cost. The lease revenues will go to the Property Management special revenue fund. Motion -- Knight moved that the lease be approved and the Mayor be authorized to sign the -- carried necessary documents. Motion carried 7 to 0. SPECIAL ASSESSMENTS PROPOSED ASSESSMENT ROLLS Proposed Assessment Rolls have been prepared for 22 Sewer and 31 Water Projects, and it is necessary to set a public hearing date. Informal hearing with City personnel will be held March 12, 1997. Motion -- Knight moved that the hearing on the Proposed Assessment Rolls be set for 11:00 a.m., Tuesday, March 18, 1997, and the notices of hearing be published at least once not less than 10 days prior to the date of the hearing. Motion carried -- carried 7 to 0. ORDINANCES SECOND READING ORDINANCES. (First Reading 2/25/97) Convention Hotel ORDINANCE NO. 43-376 An ordinance repealing Ordinance No. 42-480 of the City of Wichita, Kansas, pertaining to the issuance of bonds by the City of Wichita, Kansas at large for public Improvements for a Hotel with meeting rooms and an adjoining parking garage, 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-3209 Willowood Estates ORDINANCE NO. 43-377 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-3209. PLANNING AGENDA Marvin Krout Director of Planning stated that Items 42, 44, 45, and 47 could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Knight moved that Planning Agenda Items 42, 44, 45, and 47 be approved as -- carried consensus Items. Motion carried 7 to 0. DR 97-1 DR 97-1 - STREET NAME CHANGE OF LIMUEL CIRCLE AS PLATTED IN THE RAINBOW LAKES WEST THIRD ADDITION LOCATED NORTH OF MAPLE AND EAST OF 135H STREET WEST. (District V) Agenda Report No. 97-197. Staff Recommendation: Approve street name change. MAPC Recommendation: Approve street name change. (Unanimous.) Recent annexations of the Rainbow Lakes West Additions revealed fairly significant differences in how the County had been addressing properties compared to the City's procedures. Consequently, addressing changes were undertaken in these recently annexed areas. As this process was being undertaken by the City, residents along Limuel Circle requested that along with needed address changes for their street, that the name of this street also be changed so as to correspond to other street names in use for their subdivision, i.e., Forestview Court. The Office of Central Inspection has submitted the request for the street name change as requested by all residents along the street. This street name change has been reviewed and approved by the Planning Commission. Motion -- Knight moved that the street name change be approved as recommended by the Planning Commission and the associated Ordinance be placed on first reading. -- carried Motion carried 7 to 0. ORDINANCE An Ordinance changing the street name of Limuel Circle as platted adjacent to Lots 48 through 61, Block 4, Rainbow Lakes West third Addition, Sedgwick County, Kansas, to Forestview Court, introduced and under the rules laid over. (Item No. 43) DR 96-15 DR 96-15 - "CLEAN-UP" AMENDMENTS TO THE UNIFIED ZONING CODE. Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 97-198. MAPC Recommendation: Approve (11-0). Staff Recommendation: Approve The Wichita-Sedgwick County Unified Zoning Code has been in effect for almost one year now. As staff and citizens worked with the code, it became evident that some clarifications and corrections were needed. Planning staff kept a list of the questions and concerns which were brought to our attention and in late 1996 began meeting with the code enforcement officials and city and county attorneys to finalize the wording on proposed "clean-up" amendments to the code. A workshop was scheduled for the MAPC at their December 19, 1996 meeting and copies of the proposed amendments were widely distributed. Discussion of the amendments was postponed one month at the request of a group of commercial realtors who wanted more time to study the proposals. Planning staff met with this realtors' group in early January to discuss their questions and concerns and was able to explain the changes to their satisfaction. A letter was received from the realtors stating that issues had been clarified and they no longer had concerns. The MAPC reviewed the proposed amendments on January 16, 1997 and authorized a public hearing for February 13, 1997. Again, copies of the proposed amendments were widely distributed. At the public hearing on February 13, 1997, no citizens spoke either for or against the amendments and the MAPC unanimously voted to recommend approval of all the amendments as presented, with one minor change to the amendment in Sec. V-D.15 having to do with declaring a Conditional Use permit null and void if violations of the conditions are found. The MAPC recommended that the Zoning Administrator obtain the Planning Director's concurrence before declaring the permit null and void. Council Member Kamen momentarily absent. Mayor Knight momentarily absent; Vice Mayor Cather in the Chair. Vice Mayor Cather Vice Mayor Cather inquired if anyone wished to be heard and no one appeared. Motion -- Cather moved that the public hearing be closed and the Ordinance be placed on -- carried first reading. Motion carried 7 to 0. ORDINANCE An Ordinance amending Section 28.04.010 of the code of the city of Wichita and adopting by reference the "Wichita-Sedgwick County Unified Zoning Code, February 13, 1997, Edition," prepared by the Wichita- Sedgwick County Metropolitan Area Planning Commission; and repealing Ordinance No. 43-014 as codified in Section 28.04.010 which adopted the March 4, 1996, Edition of the Unified Zoning Code; and repealing Ordinance No. 43-372 which adopted amendments to the correctional housing provisions of the March 4, 1996, Edition of the Unified Zoning Code, introduced and under the rules laid over. Mayor Knight in the Chair. S/D 96-97 S/D 96-97 - PLAT OF THE SOOTER ADDITION LOCATED SOUTH OF 49TH STREET NORTH AND EAST OF BROADWAY. Agenda Report No. 97-199. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. (unanimous) This site is in the County and has been approved by the Health Department for the use of on-site sanitary sewer and water facilities. This plat has been reviewed and approved by the Planning Commission subject to conditions and recording within thirty (30) days. Park City officials have requested that the owner submit petitions for future service extensions in this area, which has been identified as Park City's sphere of influence through the recent settlement of the Riverview lawsuit. These petitions are to be submitted before the plat is scheduled for County Commission action. Motion -- Knight moved that the plat be approved as recommended and the Mayor be -- carried authorized to sign. Motion carried 7 to 0. S/D 96-79 S/D 96-79 - PLAT OF THE CMI ADDITION LOCATED SOUTH OF HARRY AND WEST OF HYDRAULIC. (District III) Agenda Report No. 97-200. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. (unanimous) This site is located in a developed area of the City and needed sanitary sewer and water facilities are already available. However, the adjacent street is unpaved and the applicant was requested to attempt to obtain a valid paving petition. Such a petition was not obtained and consequently the applicant has provided an agreement to the City to agree to participate in any future attempts to pave this street (Laura). This plat has been reviewed and approved by the Planning Commission subject to conditions and recording within thirty (30) days. Motion -- Knight moved that the paving agreement and plat be approved and the Mayor be authorized to sign; and the paving agreement be recorded with the Register of -- carried Deeds. Motion carried 7 to 0. (Item No. 46) Z-3217 Z-3217 - REQUEST FOR ZONE CHANGE FROM "SF-6" SINGLE-FAMILY RESIDENTIAL TO "GO" GENERAL OFFICE DISTRICT, LOCATED EAST OF WEST STREET, SOUTH OF 3RD STREET (316 N. WEST STREET). (District IV) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 97-201. MAPC Recommendation: Approve, subject to re- platting within 1 year, and to additional provisions of a P-O District (13-0). Staff Recommendation: Approve, subject to re- platting within 1 year, and to the additional provisions of a P-O District. CPO Recommendation: Deny The applicant requests a zone change from "SF-6" Single Family Residential to "GO" General Office on a 1.2 acre portion of a larger platted lot (Lot 41 Knight Acres Addition) to permit the expansion of KSAS Fox Channel 24 Broadcast studio. The studio is located on the east side of West Street, approximately 400 feet north of Second Street. Located behind the studio are five satellite dishes (21-25 feet in diameter), a broadcast tower (140 feet tall) and employee parking. These satellite dishes, the tower and the parking would need to be relocated to allow the studio expansion. The application area is the site to which this equipment could be moved to accommodate the studio expansion. The application area is located to the east of the existing studio. The site is vacant but for a baseball diamond. Residences are located to the north and northeast and south. A large lot with a church on the southern end of the lot is located to the east. Other commercial and retail establishments are located to the west. The applicant has left a 150 foot wide strip along the southern end of his ownership zoned SF-6. (It is not clear to staff why this portion of their ownership was not included in this request. Furthermore, it should be noted that the height compatibility standards of the Zoning Code restrict this tract to a maximum height of 65 feet, unless a variance is granted by the BZA. The case was deferred during the January 16, 1997 Planning Commission hearing in order to address neighborhood concerns over the development of the application area. Questions on how this property was to be used and how the proposed zone change would impact the residential areas to the north and east were asked by residents of the area. The agent for the applicant stated that Fox Channel 24 wanted to relocate a portion of their employee parking to the subject property along with several satellite dishes. The Planning Commission discussed how to appropriately screen the parking lot from view, and what development concerns needed to be addressed through platting. After the discussion, the Commission moved to defer the case in order for the applicant to address these issues. During the Planning Commission's discussion of this matter on January 30, 1997, questions concerning screening and road improvements were asked by the Commission. Both the applicant and area property owners were against improvements to either McComas Street or 3rd Street North. After discussion, the MAPC voted (13-0) to approve the request with the additional provisions of a Protective Overlay as recommended by staff. This case has been sent back to CPO (4) for re- consideration during their February 27, 1997 meeting. Motion -- Gale 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 additional conditions of a Protective Overlay District and to the condition of platting within one year, and the Planning Department be instructed to forward the Ordinance for first reading when the plat is forwarded -- carried to the City Council. Motion carried 7 to 0. Z-3218 Z-3218 - REQUEST FOR ZONE CHANGE FROM "TF-3" TWO-FAMILY RESIDENTIAL TO "GO" GENERAL OFFICE DISTRICT, LOCATED WEST OF HILLSIDE, SOUTH OF ELM (535 N. HILLSIDE). (District I) Agenda Report No. 97-202. MAPC Recommendation: Approve (14-0). Staff Recommendation: Approve. The applicant requests a zone change from "TF-3" Two- Family Residential to "GO" General Office for a 0.05 acre portion of Lots 102, 104, and 106 on Lorraine Avenue in Resurvey of Buck's 2nd Addition, located west of Hillside and south of Elm (535 N. Hillside). The request will standardize the zoning in the immediate area that is predominately "LC" Limited Commercial and "GO" General Office, and allow the applicant to use the property for restaurant parking. The application area is adjacent to an alley and is currently used to store a trash dumpster. There is a medical office building to the west on property zoned "GO" and a McDonald's restaurant under construction to the east on property zoned "LC". To the south are various medical service buildings and restaurants on property zoned "GO" (on the west half of the block) and "LC" (on the east half of the block). Wesley Medical Center is located across Elm to the north and is also zoned "LC" and "GO". During the Planning Commission's discussion of this matter, questions concerning the current use of the property were asked by the Commission. The agent for the applicant stated that it has been used for parking, and that no one realized that it was zoned "TF-3" until the property was being redeveloped. After discussion, the MAPC voted (14-0) to approve the request as recommended by staff. Motion -- Knight moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC be approved, subject to the recommended conditions, and the Ordinance be placed on first reading. Motion carried -- carried 7 to 0. ORDINANCE An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, introduced and under the rules laid over. Z-3218 SCZ-0730 SCZ-0730 - REQUEST FOR ZONE CHANGE FROM "SF-20" SINGLE-FAMILY RESIDENTIAL TO "GO" (Item No. 48) GENERAL OFFICE DISTRICT, LOCATED WEST OF 135TH STREET WEST AND NORTH OF MAPLE. (District III) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 97-203. MAPC Recommendation: Approve, subject to platting within 1 year, and to the additional provisions of a P-O Protective Overlay District (9-4-1) Staff Recommendation: Deny The applicant requests a zone change from "SF-20" Single- Family Residential to "GO" General Office for a 3 acre unplatted tract located at the northwest corner of 135th Street West and Maple. Riverside Health Systems, Inc. is seeking the zone change in order to increase their office zoning to the east for the development of a medical clinic at this site. The area to the north and west is zoned "SF-20" and used for agricultural purposes. East of the application area is property owned by Riverside Health System, Inc. that was approved for 3 acres of "GO" zoning by the Board of County Commissioners on July 17, 1996. Property located at the northeast corner of this intersection was approved for 3.5 acres of "LC" zoning by the MAPC on December 19, 1996. The Auburn Hills Commercial Community Unit Plan is located on 12 acres of the southeast corner, and the recently approved Auburn Hills II Commercial Community Unit Plan is located on 6 acres at the southwest corner of the same intersection. The application did not include a site plan or description on how this 3 acres may potentially develop with Riverside's 3 acre site to the east. The case was deferred during the January 16, 1997 Planning Commission hearing in order to address how this property was to be developed. The agent for the applicant stated that Riverside Health Systems wanted to expand their ownership at this intersection. The Planning Commission also discussed the City Council policy limiting the amount of commercial zoning at this intersection. The Commission voted to defer this case in order for the applicant to outline the proposed development in more detail. During the Planning Commission's discussion of this matter on January 30, 1997, the agent for the applicant explained that Riverside Health Systems wanted to develop the site for a medical clinic on the eastern 3 acres, with the other three acres developing with doctor's offices to support the clinic. The Planning Commission added the condition that the use of this site be limited to "medical service" uses and the condition that the height limit be 35 feet with the second story of any building limited to 25% of the gross floor area. After discussion, the MAPC voted (9-4-1) to approve the request with these provisions in a Protective Overlay as recommended by staff. Marvin Krout Director of Planning, responding to questions, said that if this is not platted within one year, the applicant would have to ask the City Council for an extension. Council Member Ferris Council Member Ferris stated that he would still be on the Council in one year and that he would not be likely to look with favor upon any extension unless there were plans to start within three to four months. With regard to Riverside Health System, the Riverside site at McLean and Meridian has been improved and the medical offices are very eye-appealing. Motion -- Knight moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC be approved, and the three acre zoning be granted for one year, subject to the recommended conditions, the additional provision of a Protective Overlay District, the condition of platting, and the condition that if Riverside has not gone forward with their plans the recommendation would be that the zoning not go forward but the applicant would have to go back through the process at another time; and the Planning Department be instructed to forward the Ordinance for first reading when the plat is forwarded to the City Council. -- carried Motion 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 potential litigation and legal advice; matters relating to employer-employee negotiations; and confidential data relating to financial affairs or trade secrets of a business; and the regular meeting be resumed no -- carried earlier than 1:00 p.m. in the City Council Chambers. Motion carried 7 to 0. RECESS Council recessed at 12:15 p.m. and reconvened in regular session at 1:20 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 1:20 p.m. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 163 MARCH 4, 1997 Page 1