MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, June 20, 1995 Tuesday, 9:07 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cather, Cole, Ferris, Gale, Kamen, Rogers; present. Paul Steinbrenner, Assistant City Manager; Gary Rebenstorf, Director of Law; Patricia L. Burnett, Deputy City Clerk; present. The invocation was given by Bruce Hurley, Pastor, Trinity Presbyterian 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 June 13, 1995, were -- approved approved 7 to 0. AWARDS AND PRESENTATIONS PROCLAMATIONS Proclamations previously approved were presented. PUBLIC AGENDA COMMENTS BY SHUKURA SENTWALI PERTAINING TO POLICE CHECKPOINTS. Shukura Sentwali Shukura Sentwali, member of the National People's Democratic Uhuru Movement (NPDUM), presented petitions with 1,227 signatures in opposition to police check points. The Petitions were against checkpoints "in violation of our constitutional right for protection against illegal search and seizure as laid out in the 4th Amendment to the Constitution." PRESENTATION BY CHARLES SUTHERLAND ON "MICRO- ENTERPRISE" SMALL BUSINESS DEVELOPMENT LOANS. Charles Sutherland Charles Sutherland said he had recently visited Bangladesh which is an economic model for small loans for economic development to start small businesses. Mr. Sutherland requested the Council take up the issue of economic development. Mayor Knight Mayor Knight asked that Vice Mayor Kamen spend time with Mr. Sutherland and return to the Council with possibilities and information. PRESENTATION BY WICHITA COMMUNITY DEVELOPMENT CREDIT UNION RELATIVE TO GRANT REQUEST. Lee Williams Lee Williams reviewed the Wichita Community Development Credit Union proposal to offer services such as savings and financial education; loans for home and care repairs; and loans for small business ventures. Community Development Credit Unions are specifically designed to serve low-income areas. The Wichita Community Development Credit Union has received validation or assistance from the National Credit Union Administration for the targeted areas it will serve. It has been determined and decided that the best way to provide service to all aspects of Sedgwick County is to specifically target an area an provide the best possible service; then the Credit Union could branch out and serve a broad-based Sedgwick County population. The business plan for the Credit Union states that the "intent of the Community Development Credit Union that is in formation today is to serve a specific area but the intent is to let this be a guide that will be used in other low income areas. Specifically, we are looking into the Hispanic area and also the Asian community as other areas to go into. They, in turn, would have their own groups formed to use this plan and this guide of a true credit union that is up and running to build by." Lee Williams, responding to a question, said that this credit union would serve primarily the African- American community and that there are two available options: (1) branches of the credit unions in the Hispanic and Asian communities (no chartering process); and (2) totally separate, chartered, credit unions in the Hispanic and Asian communities. The Steering Committee of the Wichita Community Development Credit Union requests a grant from the City of Wichita in the amount of $50,000. Mayor Knight Mayor Knight suggested that Ms. Williams give the information to Staff for evaluation and to bring comments to the Council. UNFINISHED BUSINESS CONDEMNATION CONDEMNATION REVIEW - 525 NORTH HYDRAULIC. Continued from June 6, 1995 Kurt Schroeder Superintendent of Central Inspection reviewed the Item.. Agenda Report No. 95-351 B. This property was first cited for violations on March 2, 1993. Several notices were issued, and on February 7, 1994, a pre-condemnation letter was issued. Condemnation action was initiated on September 15, 1994. This property was before the BCSA on December 5, 1994, January 6, 1995, February 6, 1995, and April 3, 1995. At the April 3, 1995 BCSA hearing, the owners did not appear, and the BCSA recommended 10 days to start demolition and an additional 10 days to complete. On June 6, 1995, the City Council held a condemnation hearing on the property, and deferred action for two weeks. Aunita Combs, an heir to the property, is polling the other heirs to determine whether to demolish or repair the structure. Staff inspected the structure on June 14, 1995 and found that no repairs had been made and there was tall grass and weeds, junk and debris on the premises. The taxes are current. The owners have been notified of the date and time of this Hearing. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Rogers moved that the structure be demolished, however any extension to repairs would be conditioned on the following: (1) All taxes have been paid to date, as of June 20, 1995; (2) the structure(s) has/have been secured as of June 20, 1995 and will continue to be kept secured, and (3) the premises are mowed and free of debris as of June 20, 1995 and will be so maintained during renovation. Motion -- carried carried 7 to 0. RESOLUTION NO. R-95-275 A Resolution finding that the structure located on Lot 5, Hardy Addition to Wichita, Sedgwick County, Kansas, commonly known as 525 North Hydraulic, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Rogers moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. PARKING CONTROL PARKING CONTROL SYSTEM FOR CITY HALL PARKING GARAGE AND SURFACE LOTS. Continued from June 13, 1995, for additional information. Paul Steinbrenner Assistant City Manager reviewed the Item. Agenda Report No. 95-483 A. On June 13, 1995, City Council deferred this item to enable staff to obtain additional information as follows: 1. Revenues anticipated to be generated as a result of a different type of a structure. 2. The aggregate cost involved for maintaining the meters. 3. The anticipated revenue from half- hour/hourly basis parking. 4. Anticipated revenue from parking meters. 5. The foregoing of ticket revenues and parking attendants if there are no parking meters. 6. Which of the two, surface or garage parking, is cheaper for the people parking there. 7. The cost of short- and long-stay parking. 8. The estimated cost of necessary signage. An anticipated net revenue of $41,395 is provided with a managed lot/garage system on an annual basis. However, the managed system requires an additional one-time expense of $141,295. Capital Improvement Project (CIP PB-82) has an available appropriation of $145,415.36 from the Capital Project Budget for the Parking Garage. For Option #1, the low bid of $80,085.18 was received from Duncan Industries. For Option #2, an estimated cost of $227,230 was received from McCluggage, Van Sickle and Perry Architects. Council Member Ferris Council Member Ferris said the managed parking proposal would, after the initial four years, give a $40,000 plus return to the City which could go toward payment of the bonds. Council Member Ferris said he did not agree with the rates: the hourly rate is too high; the daily rate too low. Council Member Cather Council Member Cather stated that the employees' views need to be taken into consideration and the Item should be deferred to the Employee Council. Council Member Ferris Council Member Ferris explained that the charge to the employees is the same on both the metered and managed parking proposals. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that staff be instructed to accept the managed parking proposal; that the rates for hourly, daily, and employee parking would be returned to the Council at a later date for approval of the rate structure; and that the survey taken by the Employees' Labor Management/Committee be distributed to all the Council Members prior to the date that actual rates are to be considered. -- carried Motion carried 7 to 0. NEW BUSINESS MSP REQUEST REQUEST TO APPROVE A MINOR STREET PRIVILEGE PERMIT FOR INSTALLATION OF GATES ON GATEWOOD STREET. (District II) Paul Steinbrenner Assistant City Manager reviewed the Item. Agenda Report No. 95-503. Country Place Estates Homeowners Association requests permission to install barrier gates on Gatewood Street north of 13th Street as a deterrent to crime; there have been several burglaries in this development which has a single egress/ingress. The non-locking gates would slow but not prevent traffic from entering or exiting Gatewood. The gates would be down until actuated to open, either by transmitter or pushing a button. Three strategically-placed cameras would then photograph the driver and vehicle. Of the 98 residents of Country Place Estates who voted, 79 favored and 19 opposed the barrier gates. A minor street privilege permit grants approval to adjacent property owners for private use of public property. Approval is conditioned upon the permittee's submittal of a certificate of insurance adding the City of Wichita as an additional insured onto the homeowner's policy, and permittee's restoration of public property to its original configuration upon termination of the permit. The Police and Fire Departments indicate response times will be slowed somewhat, however, neither object to the gate installation. Country Place Estates retains the option of vacating the street to install the gates and therefore assume all responsibility for streets and gates. Revenue for the associated annual permit fee is calculated at $131.25, unless otherwise designated by the Council, in addition to the one-time administrative fee of $50.00. It is within the City's police powers to restrict traffic movement on a public street so long as it does not deny access to anyone. The proposed gate is a significant restriction on the movement of traffic but, because it allows access to anyone, it is lawful. Because such gates are not standard "traffic control devices," there is the possibility of increased liability to the City in the event that their presence results in personal injury or property damage to persons using the street. Marvin Krout Director of Planning said there are two trends from the east and west coasts: (1) increased security (gates, walls); and (2) "new urbanism" (traditionalism). Constructing gates and walls is building anti- cities with an unsafe image. There is a possibility that the City will start seeing many requests to close public streets. There are possible problems with access for emergency vehicles, a potential to mushroom, poor image, and less interest in community problems. A solution might be for neighborhoods to hire supplemental private security or to use video cameras. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Grant Standard Grant Standard, President of Country Place Estates Homeowners' Association, reviewed the request. Mr. Standard said access would not be restricted but pictures of the driver and vehicle license would be taken. Mayor Knight momentarily absent; Vice Mayor Kamen in the Chair. Larry Ross Larry Ross stated that this would set a disturbing precedent with city-wide implications. Mr. Ross said other boards and commission opinions should be gleaned. Gary Rebenstorf Director of Law, responding to questions, reviewed some of the potential liability issues for the City. Council Member Cole Council Member Cole said St. Louis had areas in which the residents had purchased certain streets with the stipulation that the purchasing group would assume maintenance. After many years, the result was that maintenance had not been done and streets are now in terrible condition. This is a major concern. Council Member Rogers Council Member Rogers said he would like additional information regarding potential liability, police and fire response time, and other community problems. Also, Council Member Rogers asked that Staff check with other cities with regard to this issue. Mayor Knight Mayor Knight said public safety and personal safety issues are of concern and predators need to be removed from the streets. Motion -- Kamen moved that Planning Staff do some study and a written perspective on the philosophies of how these kinds of community issues should be handled; a survey of other cities be done and written statement of their encounters with this type of situation; the resulting perspective, statement, and this Item be sent to the Traffic Commission for review and input. Amendment -- Kamen, with consent of the second, amended the motion to add that the citizen MAPC and CPO organizations be included in the groups the information is sent to for review and input. Mayor Knight Mayor Knight urged those that review this issue look at the essential features of what is being discussed. This should not be used to pit one side of town or one class against another. The issue itself, implications, should be looked at. Council Member Kamen Council Member Kamen suggested the various groups also look at crossing gates on the streets so that children can cross dangerous private intersections. -- carried Motion, as amended, carried 6 to 1. Ferris - No. Council Member Ferris left the Bench. IRB - VYNE CORPORATION PUBLIC HEARING AND ISSUANCE OF INDUSTRIAL REVENUE BONDS - THE VYNE CORPORATION. Motion -- carried Knight moved that the Item be deferred to July 11, 1995. Motion carried 6 to 0. (Ferris absent) IRB - FOX RUN REQUEST FOR LETTER OF INTENT FOR INDUSTRIAL REVENUE BONDS - FOX RUN APARTMENTS. Paul Steinbrenner Assistant City Manager reviewed the Item. Agenda Report No. 95-504. WK Investment Corporation, an Indiana-based corporation, has requested issuance of a Letter of Intent to issue multi-family housing revenue bonds in an amount not to exceed $6 million. The bonds will finance the acquisition and rehabilitation of the Fox Run Apartments, a proposed multi- family housing project for low and moderate income families, located at 1157 Webb Road. The Fox Run Apartments is a 336-unit apartment complex located in southeast Wichita on approximately 16 acres of land near Harry and Webb Road. The property consists of 21 two-story apartment buildings and includes a 3,000 square foot clubhouse/office, laundry facilities, tennis courts and a swimming pool. Each unit has a patio or balcony. The project is in need of exterior improvements, including parking lot repairs, painting, roofs, and concrete work. The interiors need new appliances and carpeting. WK Investments Corp. is an Indiana corporation that is the general partner of a partnership organized to acquire, develop and operate this project. Mark Marinello, president of the corporation, has previously been the developer in the acquisition and renovation of affordable multi-family housing projects in Columbus, Ohio and Indianapolis. Mr. Marinello has agreed to provide latch-key adult-supervised after-school childcare services to tenants of the project. The project is designed and intended to meet the federal tax code requirements for tax-exempt bonds issued for a "qualified housing project." At least 20% of the units (67 units) will be reserved for families and individuals that meet low income requirements prescribed by the tax code. In Wichita, that generally means a family with a combined gross income of less than $20,000 per year. While low income tenants will receive preference in the rental of the qualified units, there will be no rent subsidy resulting from the bonds and all tenants will be subject to the same criteria for acceptance as tenants. The total estimated costs of the project, and the sources of funding are as follows: Sources of Funds Bond Proceeds $ 6,000,000 Borrower's Equity 250,000 Total Sources of Funds $ 6,250,000 Uses of Funds Acquisition of Fox Run $ 4,700,000 Rehabilitation Costs 1,100,000 Bond Reserve 117,000 Credit Enhancement 157,500 Cost of Issuance 150,000 Miscellaneous 25,500 Total Uses of Funds $ 6,250,000 It is anticipated that the bonds will be publicly offered to investors. Bond Counsel for the transaction is the firm of Hinkle, Eberhart & Elkouri, L.L.C., Wichita. WK Investment Corp. agrees to submit an Equal Employment Opportunity/ Affirmative Action Plan and a Water Conservation Plan to the City as a condition for the issuance of the bonds. WK Investment Corp. agrees to pay all costs of issuing the bonds and to pay the City's $2,500 annual administrative service fee for the term of the bonds. WK Investment Corp. does not request an abatement of ad valorem property taxes in conjunction with the issuance of the bonds. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Kamen moved that the issuance of a Letter of Intent to WK Investment Corporation for Industrial Revenue Bonds in an amount not to exceed $6 million be approved subject to the following conditions: 1. Negotiation of a Lease Agreement, Trust Indenture and Bond Ordinance. 2. Arrangements have been made for the sale/placement of the bonds. 3. Guarantees for the payment of the bonds are in place. 4. Agreement to pay the City administrative fees of $2,500 per year for as long as the bonds are outstanding. 5. Agreement to pay all costs incurred by the City for processing the bonds/application. 6. An approved Equal Employment Opportunity/Affirmative Action Plan is on file with the City prior to issuance of the bonds. 7. An approved Water Conservation Plan is on file with the City prior to issuance of the bonds. 8. Agreement to submit building and site plans to CART (City manager's Ascetic Review Team) for review and to modify the proposed design to comply with any reasonable CART conditions or recommendations. 9. Agreement to provide the City, prior to submitting the proposed Lease Agreement, an Environmental Site Assessment (ESA) that documents the environmental conditions of the property, and an agreement that the ESA will be conducted by and independent consultant who is a recognized expert in the area. Industrial Revenue Bonds will not be issued if the ESA discloses environmental conditions that might have implications for bond purchasers under the liability provisions of the Superfund Amendments and Reauthorization Act (SARA). 10. Agreement that if the bonds are to be offered for sale to the public, the applicant will not, during the period of time the bonds are outstanding, have a commercial banking relationship with the trustee of the bonds to be issued unless the original purchaser of the bonds acknowledges in writing the existence of the relationship and waives any conflict that might exist as a result of the relationship. 11. Applicant is required to furnish copies of its annual financial statements to the City. 12. Cooperation with any annual compliance audit procedure the City may adopt to monitor compliance with conditions, including any annual reports required of the applicant and any inspections of the applicant's premises or interviews with the applicant's staff. 13. Commitment to achieve and maintain its proposed employment goals, and to meet its Equal Employment Opportunity/Affirmative Action goals, during the term of the bonds. 14. Applicant is encouraged to utilize Minority- owned Business Enterprises (MBE) and Women-owned Business Enterprises (WBE) as contractors, subcontractors, engineers, architects, suppliers and vendors whenever possible. 15. Commitment to provide a latch-key program for tenants of the project. -- carried Motion carried 6 to 0. (Ferris absent) IRB - BRENTWOOD INN REQUEST FOR LETTER OF INTENT FOR INDUSTRIAL REVENUE BONDS - BRENTWOOD INN APARTMENTS. Paul Steinbrenner Assistant City Manager reviewed the Item. Agenda Report No. 95-505. Christian Relief Services, a Virginia-based not- for-profit corporation, has requested the issuance of a Letter of Intent to issue multi-family housing revenue bonds in an amount not to exceed $4 million. The bonds will finance the acquisition and rehabilitation of The Brentwood Inn Apartments, a proposed multi-family housing project for low and moderate income families, located at 6602 East Harry. A property tax abatement has not been requested. The Brentwood Inn Apartments is a 196-unit apartment complex located in southeast Wichita on approximately 8 acres of land near Harry and Woodlawn. The garden walk-up multi-family rental complex consists of 12 buildings and contains a clubhouse facility featuring a recreation room, bar area, kitchen, billiard room, lounge and management office space. The complex amenities include two swimming pools and a tennis court. Christian Relief Services, Inc. of Lorton, Virginia is an international charitable disaster relief organizations that helps needy people all over the world with food, medicine, clothing and emergency supplies. In addition to relief and rescue operations, which are funded with charitable contributions, Christian Relief Services has recently begun an affordable housing operation in which apartment complexes in need of rehabilitation are purchased, rehabilitated are operated according to guidelines that are consistent with the not-for- profit mission of Christian Relief Services. At least 20% of the units (40 units) will be reserved for families and individuals of low income. The gross income level required to qualify for low income status in Wichita varies depending on family size. Generally speaking, a family with a combined gross income of less than $20,000 per year would qualify as low-income. While these low income tenants will receive preference in the rental of these units, there is no rent subsidy being paid and all tenants will be subject to the same criteria for acceptance as tenants. Christian Relief Services will spend $300,000 of the bond proceeds on exterior and interior renovations to the complex. At least $40,000 will be set aside out of the project cash flow each year to pay for future capital improvements. In addition, Christian Relief Services will commit to spending at least 25% of the project's cash flow each year on special services for Brentwood tenants, including a free latch-key program, counseling services and programs designed to facilitate and encourage home-ownership. The bonds will be rated by Standard & Poor's and publicly offered to investors by Piper Jaffray, Inc. of Minneapolis. The parties anticipate receiving an "A" rating on the bonds. Bond counsel is the firm of Gilmore & Bell, P.C., Wichita. Christian Relief Services has agreed to submit an Equal Employment Opportunity/ Affirmative Action Plan and a Water Conservation Plan to the City as a condition for the issuance of the bonds. Christian Relief Services has not requested an abatement of property taxes in conjunction with the issuance of industrial revenue bonds and agrees not to use its not-for- profit status to obtain a property tax exemption for the complex. The property is currently owned by a not-for-profit corporation, but the property is currently on the tax rolls. Christian Relief Services agrees to pay all costs of issuing the bonds and to pay the City's $2,500 administrative service fee for the term of the bonds. Council Member Ferris present. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Kamen moved that issuance of a Letter of Intent to Christian Relief Services for Industrial Revenue Bonds in an amount not to exceed $4 million be authorized subject to the following conditions: 1. Negotiation of a Lease Agreement, Trust Indenture and Bond Ordinance. 2. Arrangements have been made for the sale/placement of the bonds. 3. Guarantees for the payment of the bonds are in place. 4. Agreement to pay the City administrative fees of $2,500 per year for as long as the bonds are outstanding. 5. Agreement to pay all costs incurred by the City for processing the bonds/application. 6. An approved Equal Employment Opportunity/Affirmative Action Plan is on file with the City prior to issuance of the bonds. 7. An approved Water Conservation Plan is on file with the City prior to issuance of the bonds. 8. Agreement to submit building and site plans to CART (City manager's Ascetic Review Team) for review and to modify the proposed design to comply with any reasonable CART conditions or recommendations. 9. Agreement to provide the City, prior to submitting the proposed Lease Agreement, an Environmental Site Assessment (ESA) that documents the environmental conditions of the property, and an agreement that the ESA will be conducted by and independent consultant who is a recognized expert in the area. Industrial Revenue Bonds will not be issued if the ESA discloses environmental conditions that might have implications for bond purchasers under the liability provisions of the Superfund Amendments and Reauthorization Act (SARA). 10. Agreement that if the bonds are to be offered for sale to the public, the applicant will not, during the period of time the bonds are outstanding, have a commercial banking relationship with the trustee of the bonds to be issued unless the original purchaser of the bonds acknowledges in writing the existence of the relationship and waives any conflict that might exist as a result of the relationship. 11. Applicant is required to furnish copies of its annual financial statements to the City. 12. Cooperation with any annual compliance audit procedure the City may adopt to monitor compliance with conditions, including any annual reports required of the applicant and any inspections of the applicant's premises or interviews with the applicant's staff. 13. Commitment to achieve and maintain its proposed employment goals, and to meet its Equal Employment Opportunity/Affirmative Action goals, during the term of the bonds. 14. Applicant is encouraged to utilize Minority- owned Business Enterprises (MBE) and Women-owned Business Enterprises (WBE) as contractors, subcontractors, engineers, architects, suppliers and vendors whenever possible. 15. Commitment to set aside at least $40,000 out of the project's cash flow each year to pay for future capital improvements. 16. Commitment to spend at least 25% of the project's cash flow each year on special services for project tenants, including but not limited to a free latch-key program, counseling services and programs designed to facilitate and encourage home-ownership. -- carried Motion carried 7 to 0. IRB - RAND GRAPHICS REQUEST FOR LETTER OF INTENT FOR INDUSTRIAL REVENUE BONDS - RAND GRAPHICS, INC. (Districts IV and V) Motion -- carried Ferris moved that this Item be deferred to July 11, 1995. Motion carried 7 to 0. FIREARMS SALES ADS AMENDMENT TO DELETE INCLUSION OF PERMIT NUMBERS IN ADVERTISING FIREARMS SALES. Gary Rebenstorf Director of Law reviewed the Item. Agenda Report No. 95-507. In 1994, the City Council enacted Code Section 5.88.015, establishing certain permit requirements, waiting periods, background checks and other conditions for specified types of firearms sales. The original ordinance included a requirement for sellers to include their permit number in all advertising within the City. This has been difficult to administer, chiefly because there are numerous sellers outside the Wichita area who wish to advertise their transactions in publications that circulate within the City. Out-of-town sellers have complained about the difficulties in placing their advertisements for out-of-town transactions. Some have also complained that the Eagle will carry inserts for large advertisers without a permit number, but will not run the less- expensive classified ads most of the small, independent sellers wish to place. The City can address the concerns and clear up the enforcement issues by removing the advertising restrictions. There should be little or no financial impact from the amendment, because, under the existing Code Section, most out-of-town sellers simply did not place their advertisements in order to avoid taking out permits. Further, to the extent the City might lose permit fees by repeal of the advertising restrictions, the City will also be relieved of the administrative burdens of processing permits for out-of-town transactions. Council Member Rogers left the Bench. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- carried Cole moved that the Ordinance be placed on first reading. Motion carried 6 to 0. (Rogers absent) ORDINANCE An Ordinance amending Section 5.88.015 of the code of the City of Wichita, Kansas, pertaining to permit requirements and other restrictions upon the purchase and sale of firearms, handguns and assault weapons, introduced and under the rules laid over. G.O. BOND MASTER ORDINANCE ESTABLISHING MASTER WRITTEN UNDERTAKING FOR GENERAL OBLIGATION BONDS. WRITTEN UNDERTAKING Gary Rebenstorf Director of Law reviewed the Item. Agenda Report No. 95-508. In 1994, the federal Securities and Exchange Commission ("SEC") approved amendments to its Rule 15c2-12 (the "Rule"), which controls how underwriters may market municipal securities. The amendments to the Rule essentially prohibit underwriters from bidding upon or agreeing to market municipal bonds unless the Issuer or another "Obligated Person" (within the meaning of the Rule) furnishes a written undertaking to provide certain ongoing public disclosures for the use of the trading markets while the bonds are outstanding. In addition, brokers and dealers are prohibited from making recommendations concerning any municipal security issued after the effective date of the amendments to the Rule, unless they have procedures in place to make sure that they timely receive any Material Event Notices issued under the Rule. Although the amended Rule, by its terms, applies to underwriters, brokers and dealers, rather than Issuers of municipal securities, the practical effect of the amendments is such that the City will not be able to market general obligation bonds through underwriters after July 3, 1995, unless the City has in place the written undertakings required by the amended Rule. Bond Counsel has recommended that the written undertaking be established through a City Ordinance or Master Indenture, creating a single, "Master" undertaking to cover continuing disclosure obligations with respect to all general obligation bond issues. The existence and scope of the undertaking will still need to be described in the disclosure documentation for each separate bond issue. To avoid additional financial burdens of paying a third-party trustee to manage disclosure under a Master Indenture, the Department of Finance has expressed a preference to create the Master undertaking through an Ordinance, under which City staff will manage the required disclosures directly. Because the Master undertaking will need to be in place before the general obligation bond issue contemplated for this summer, it would be best to finalize and approve the Ordinance on or before July 11, 1995. Council Member Rogers 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 creating Section 2.05.010 of the code of the City of Wichita, Kansas, establishing a master undertaking to provide ongoing disclosure in connection with General Obligation Bonds issued by the City of Wichita, Kansas for distribution in public offerings, introduced and under the rules laid over. RECESS The Council recessed at 10:40 a.m. and reconvened at 10:48 a.m. ANNUAL REPORT 1994 COMPREHENSIVE ANNUAL REPORT. Kelly Carpenter Assistant Finance Director reviewed the Item. Agenda Report No. 95-509. Kansas state law requires an annual audit of all City accounts be performed by an independent certified public accounting firm at least annually. The Comprehensive Annual Financial Report (CAFR) is for the year ended December 31, 1994. The City's Comprehensive Annual Financial Report (CAFR) is designed to provide the minimum information needed by interested parties to gain a fair understanding of the government's financial position, results of operations and cash flows. The independent certified public accounting firm of Arthur Andersen issued their opinion that the general purpose financial statements present fairly, in all material respects, the financial position of the City as of December 31, 1994, and the results of its operations and the cash flows of its proprietary fund types and component units in conformity with generally accepted accounting principles. The City implemented two new statements which have been issued by the Governmental Accounting Standards Board (GASB). Under GASB Statement No. 16, accrued liabilities for vacation or other compensated absences are recorded as the benefits are earned by the employees and now include salary- related payments directly and incrementally associated with payments made for compensated absences upon termination. Such salary-related payments include the employer's share of social security and Medicare taxes. GASB Statement No. 18 applies to state and local government entities that are required by federal, state or local laws or regulations to incur landfill closure and postclosure care costs. In compliance with this statement, the City's liability of $18.7 million as of December 31, 1994, is reflected in the General Long-Term Debt Account Group and the 1993 balances have been restated to present the cumulative effect of this change. Further information regarding landfill closure and postclosure care is disclosed in Note 20 (page 64) to the general purpose financial statements. The Government Finance Officer's Association (GFOA) of the United States and Canada awarded a Certificate of Achievement for Excellence in Financial Reporting to the City for its comprehensive annual financial report for the year ended December 31, 1993. In order to be awarded a Certificate of Achievement, a government unit must publish an easily readable and efficiently organized Comprehensive Annual Financial Report (CAFR) with content that conforms to program standards. Staff believes that the 1994 CAFR continues to meet GFOA standards for certification and the City has applied for this recognition. Kansas law requires an annual audit of City financial records by a certified public accounting firm (K.S.A. 75-1122) in accordance with the minimum standard audit program (K.S.A. 75-1123). Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that the 1994 Comprehensive Annual Financial Report be received and -- carried filed. Motion carried 7 to 0. I-66 FUNDING I-66 FUNDING. Paul Steinbrenner Assistant City manager reviewed the Item. Agenda Report No. 95-510. In April, 1989, the Regional Commerce and Growth Association, located in Cape Girardeau, Missouri, convened a meeting with representatives from seven other states for the purpose of garnering support for the I-66 Project. This project calls for a new coast-to-coast super-highway, with an eastern terminus in the Commonwealth of Virginia and a western terminus in southern California. In July, 1989, the City Council took action to support this project. Financial support was authorized in April, 1990, ($12,480.12) for the purpose of assisting with the development of strategies necessary for obtaining federal support and for Congressional approval of a feasibility study. Congress approved funding for a feasibility study in the fall of 1990. The feasibility study was completed in 1994. It concluded that a coast-to-coast interstate highway in the corridor generally located between I-70 and I-40 was not economically feasible from a national perspective, however, individual segments of the corridor could be desirable from a state or regional perspective. Even though the feasibility study did not recommend construction of an entire coast-to-coast interstate, the Intermodal Surface Transportation Efficiency Act of 1991, listed the I-66 Project as a "high priority corridor." This listing was based on the findings that such a route would connect major population centers and greatly enhance economic growth and development. Additionally, I-66 would reduce the traffic on I-70 and I-40 and extend the life expectancy of these two interstate highways. Lobbying efforts to bring the I-66 Project to fruition have continued over time. In June, 1994, route specific language was placed in the House National Highway System Designation Act of 1994. The bill states that I-66 will enter Kansas in the southeast corner, move westward and exit in the southeast corner of Colorado. Over the past six years, efforts to promote and secure funding have been primarily the responsibility of Mr. Walt Wildman of Cape Girardeau, Missouri. Although the City did contribute the staff time for Glen Dockery who also participated in lobbying efforts in 1992 and 1993. A steering committee, comprised of membership from states along the proposed route, appointed Wildman as the Executive Director in October, 1994. This action gave authorization to a full time paid staff person to ensure continued progress of the I-66 Project. Mr. Wildman will continue lobbying efforts to seek route specific language in a bill approved by both the House and the Senate. Additionally, he will seek funding for a new feasibility study. Finally, he will continue to seek congressional support for funding the design and construction of I-66. Support for Mr. Wildman's lobbying and promotional efforts will require funding from states along the proposed corridor. A request has been made to the City to contribute $30,000 to this project. The City is proposing a contribution of $6,500 and is seeking the support for a like contribution from Sedgwick County. A smaller financial request ($2,500) is being made to the Chamber of Commerce. Financial participation by the City, County and Chamber would be approximately one-half of the initial funding request. Funding is available to support the I-66 Project from the General Fund, Contingency Account. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that financial support for the I-66 project be approved. Motion -- carried carried 7 to 0. COMPOSTING REQUEST TO APPROVE FUNDING FOR COMPOSTING PRESENTATION. Council Member Kamen Council Member Kamen reviewed the Item. Agenda Report No. 95-511. On June 13, 1995, Vice Mayor Kamen recommended that a budget of $2,000 be approved to bring people with composting expertise into Wichita to appear before the City Council. The Vice Mayor recommended that $2,000 amount to fund expenses to bring presenters to Wichita. The $2,000 expenses can be funded from the Environmental Education Funds. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Dean Frankenbery Dean Frankenbery, President of Wood Recycle Center, 700 East 21st, said Wood Recycle Center, is an off-load site for all wood products that were previously being dumped at the landfill. Wood Recycle Center receives 100 tons per day of wood products. The firm cooperates with local segments of the community with resulting products for public consumption. Any kind of wood product is accepted. The only limitation at this point is the ability to get rid of the end product. Vicki Skaer Vicki Skaer, member of the Wichita/Sedgwick County Solid Waste Committee, encouraged the public to divert compost and organic materials from the landfill. William Skaer William Skaer, Conservation Chairman of the local Sierra Chapter, encouraged diversion of reusable materials from the landfill. Joe Pajor Natural Resources Director said wood waste is 7 to 8 percent, by weight, of the total products going to the landfill on an annual basis. Motion -- Kamen moved that $2,000 (from the Environmental Education Funds) to fund expenses to bring presenters to Wichita to look into the matter of composting vegetable matter, grass, leaves, and wood products be approved; that since there is a wood recycling system in operation on 21st Street, the Natural Resources Director and Planning Staff be directed to set up guidelines as to how the various recycling aspects of wood recycling should be regulated, and how wood waste could be banned -- carried from the landfill. Motion carried 7 to 0. PROPERTY DISPOSITION PROPOSED SALE OF CITY-OWNED PROPERTIES. (a) Property on 21st Street. Paul Steinbrenner Assistant City Manager reviewed the Item. Agenda Report No. 95-512. As part of the East 21st Street redevelopment project, the City acquired several multi-family properties. The improvements were razed. The 21st Street widening project is now complete with an available assemblage of 892 feet of frontage on 21st Street and a depth of 110 feet. The tract extends from Erie to within 193 feet of Grove. The legal description is the east 32 feet of Lot 4 and all of Lots 5 to 19 Shadybrook Addition to Wichita. The property is zoned RB - Four Family Dwellings. The City has been marketing the property for redevelopment with an asking price of $2.50 per square foot. An offer was received to purchase 25,000 square feet of the site for $20,000 ($.80/sq. ft.) was received. The purchaser intended to build a 2,200 square foot building for the repair and sale of electronics. As negotiations continued, the purchaser's plans were refined. The current configuration calls for a 2,500 square foot building on an 18,400 square foot site. This results in a purchase price of $1.09 per square foot. The site of interest is at the corner of Erie and 21st Street. Staff responded to the above offer by proposing that the purchaser pay $20,000 at closing with an additional $10,240 payable two years after the start of business and $10,240 due at the end of four years. This equates to $2.20 per square foot. By spreading the purchase price, the City receives market value for the property while the start up costs for the purchaser are minimized. Staff's counter was subject to proof of financing, approval of all plans, rezoning, and City Council approval. The entire tract was purchased and cleared for $474,369 ($4.82 per square foot). Similar property in the area appraises for $2.00 to $2.25 per square foot. The City would receive the entire purchase price less half of any closing costs, estimated to be $500. In addition, the land would go back on the tax rolls as would the improvements. Mayor Knight Mayor Knight said he would like to have Staff work with Council Member Rogers work on this matter as this proposal is not satisfactory. Council Member Rogers Council Member Rogers said he is not in favor of this proposal. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Council Member Ferris Council Member Ferris said a policy should be developed and followed for the 21st Street corridor. Council Member Rogers Council Member Rogers said he did not know of any property on 21st Street the City has given away. Twenty- first Street is somewhat different from other areas of Wichita because the City of Wichita has not done anything in this area for over 75 years. A general marketing thesis should be set up to sell property across the City. In terms of the over all development and the amount of public and private money that is going into the development of 21st Street, Twenty-first Street is moving at a phenomenal rate. The City is doing an excellent job on 21st Street and it is hoped the general rate be continued. Individual projects have to be rated individually to determine their over-all significance to the whole community. Council Member Kamen Council Member Kamen suggested a minimum fee (appraisal value) might be set and a private auction might be held to sell the land. Motion -- Knight moved that the $1.09/sq.ft. proposal be rejected and that the City continue to try to resolve this matter. Mayor Knight Mayor Knight said Council Member Rogers ought to be the lead person on this matter. -- carried Motion carried 7 to 0. (b) Property at Murdock/Wabash. Paul Steinbrenner Assistant City Manager reviewed the Item. Agenda Report No. 95-513. In the mid-1980's the City realigned Murdock Ave. from Washington Ave. to Cleveland St. and in that process purchased land for the realignment. The remaining developable tract located on the northeast corner of Murdock and Wabash was approved for surplus, replatted, and put on the market in 1987 at $1.50 per sq. ft. The property has approximately 22,368 sq. ft., is zoned "C" Commercial and is restricted by the land use controls of the McAdams Neighborhood Urban Renewal Plan. The City has previously received several offers on this property with the highest offer of $15,000 coming from the developer that was to build a similar structure for lease to Bearing Distributors, Inc. This offer was retracted prior to City action. The next highest offer of $7,500 was received in December of 1994. Bearing Distributors, Inc., has made an offer to the City of $15,000, $0.67 per sq. ft. They propose to build a 4,000 sq. ft. commercial metal building for the wholesale bearing and belt company with the majority of the required parking being located within the setbacks. The Buyer advises that the building would be designed and placed on the site to meet the company's possible future expansion to 6,500 sq. ft. Bearing Distributors, Inc., has an existing leased facility within this area. The lease is up and they are requesting a quick response or they will have to extend their lease a minimum of one year which they say may cause them to look elsewhere for a site. According to the Buyer, when the developer dropped out they were placed weeks behind in their schedule. Bearing Distribution is proposing the construction of a 4,000 sq. ft. building to provide office, sales/display floor and warehouse space. The property has an irregular shape with 25' building setbacks on the two streets, no access to Murdock, and an alley at the back of the lot that goes nowhere. The result is a limit of 4,000 to 6,500 sq. ft. of actual space to build a facility and limited space to provide for the required parking for customers and 6 full-time and 2 part-time employees. The Buyers have also requested the City Council approve amending the McAdams Neighborhood Urban Renewal Plan to allow the use of landscaping material rather than require the use of solid fencing to separate this property from the zoned residential use to the north and east. Within recent months the City, at the request of the residents, removed the wood privacy fence and planted trees and shrubs to act as a barrier from this vacant lot and from Murdock. The fence was heavily vandalized with graffiti and gang signs, the fence slats were being removed or knocked out and the fence has become a place for youths to hide rather than to provide the residents the separation from the street and the proposed uses and to provide a feeling of security as originally planned. Property Management staff will process Bearing Distributor's request to amend the General URA Plan & Disposition Supplement No. 8 for the McAdams Neighborhood to accept landscaping as an approved barrier rather than the required solid fencing material for this tract only. To amend the URA Plan, the staff will publish Public Notice of a hearing before the City Council, as required by URA regulations, inform neighborhood residents that are immediately adjacent to the site of the possible changes, prepare a resolution amending the fencing requirements for this tract and schedule the hearing on a future Council agenda. Unless Council directs otherwise the process will be initiated by staff so the Council can consider the request following the proper procedures. The listed asking price of the land is $1.50 per sq. ft. or $33,500. Bearing Distributors is offering $15,000 for the entire lot, $18,500 below the City's 1987 asking price. No real estate broker was involved in the sale of this tract. Property Management is requesting that the Council approve the $15,000 offer. The City Attorney's Office has reviewed and approved the Purchase Contract as to form. The sale and closing will be contingent upon the publishing of Public Notice, as required under the General Urban Renewal Law, providing 30 days for the examination of Bearing Distributor's redevelopment proposal by the public and for receipt and review of additional development proposals on the described parcel. Council Member Rogers Council Member Rogers said he had met with the General Manager and, as of two days ago, the General Manager had talked of increasing the offer but had yet to talk to the Vice President at the home office for approval. An increased offer has not yet been made because a decision to increase the offer has not yet been made. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- carried Rogers moved that this Item be deferred one week. Motion carried 7 to 0. CITY COUNCIL AGENDA HAULER CURBSIDE REBATE DISCUSSION OF 10% CURBSIDE REBATE TO HAULERS. Council Member Cather Council Member Cather said he was going to ask the Council to refer Research Report No. 10 to the Solid Waste Management Committee because there are questions contained within the Report which should be reviewed and answered by the Wichita/Sedgwick County Solid Waste Management Committee. These questions concern whether or not the disincentive for curbside recycling ought to be removed. Motion -- Cather moved that Research Report No. 10 be referred to the Wichita/Sedgwick County Solid Waste Management Committee. Council Member Kamen Council Member Kamen said he would have to vote against this proposal because City assumption of costs for pick- up of recycled goods would be a tremendous expense. Council Member Ferris Council Member Ferris stated that he believed the Waste Management Committee has looked at this information. There would be no problem with specific direction that the Waste Management Committee look at, through tipping fees, removing the disincentive for those who desire to participate in curbside recycling. Substitute motion -- Ferris moved a substitute motion that Research Report No. 10 be sent to the Wichita/Sedgwick County Solid Waste Management Committee and that the Committee be asked to look at ways to remove the disincentive for curbside recycling without the consideration of mandatory recycling. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. -- carried Substitute motion carried 6 to 1. Kamen - No. APPOINTMENTS CITY BOARDS AND COMMISSIONS. Art Museum Board (6 vacancies - Cather, Cole, Ferris, Gale, Knight, Rogers) Board of Appeals of Air Conditioning, Refrigeration, Warm Air Heating and Boilers (9 vacancies) Board of Appeals of Plumbers and Gas Fitters (5 vacancies) Board of Code Standards and Appeals (8 vacancies - Cather, Cole, Ferris, Gale, Knight, Rogers, 2-City Manager) Board of Electrical Appeals (7 vacancies) Board of Housing Commissioners (7 vacancies) Board of Park Commissioners (7 vacancies) Board of Zoning Appeals (4 vacancies - Cole, Gale Ferris, Knight) Civil Rights and Services Board (7 vacancies) Commission on the Status of People with Disabilities (14 vacancies) Community Corrections Advisory Board (3 vacancies) Convention and Tourism Committee (7 vacancies) Group Life Insurance Board of Trustees (3 vacancies) Historic Preservation Board (6 vacancies - Cather, Cole, Ferris, Gale, Knight, Rogers) Human Services Board (4 vacancies - Council at large) Library Board (12 vacancies; 2 each - Cather, Cole, Ferris, Gale, Knight, Rogers) Metropolitan Area Planning Commission (6 vacancies - Cather, Cole, Ferris, Gale, Knight, Rogers) Metropolitan Transit Authority (6 vacancies - Cather, Cole, Ferris, Gale, Knight, Rogers) Police & Fire Retirement Board of Trustees (6 vacancies - Cather, Cole, Ferris, Gale, Knight, Rogers) Public Art Advisory Board (7 vacancies) Sister Cities Advisory Board (7 vacancies) Traffic Commission (6 vacancies - Cather, Cole, Ferris, Gale, Knight, Rogers) Wichita Airport Authority (6 vacancies - Cather, Cole, Ferris, Gale, Knight, Rogers) Wichita Athletic Commission (3 vacancies) Wichita Commission on the Status of Women (14 vacancies) Wichita Employees Retirement Board (6 vacancies - Cather, Cole, Ferris, Gale, Knight, Rogers) Wichita Public Building Commission (7 vacancies) Wichita-Sedgwick County Alcohol and Drug Abuse Advisory Board (7 vacancies) Wichita-Sedgwick County Board of Health (6 vacancies - Cather, Cole, Ferris, Gale, Knight, Rogers) Wichita Sedgwick County Solid Waste Management Committee (7 vacancies) Appointments will be for terms expiring June 30, 1997. Mayor Knight left the Bench; Vice Mayor Kamen in the Chair. Motion -- Cole appointed Alvin Salle, Art Museum Board; ColeLiz Wilder, Board of Housing Commissioners; Lucy Burtnett, Board of Park Commissioners; Dorathea Sloan, Commission on the Status of People with Disabilities; Sharon Fearey, Historic Preservation Board; Philip McComish and Charles Whitworth, Library Board; Susan Osborne-Howes, Metropolitan Area Planning Commission; Bob Riegle, Metropolitan Transit Authority; Michael G. O'Bryhim, Police and Fire Retirement Board of Trustees; Mary Jobe, Public Art Advisory Board; Alice Schad, Sister Cities; Jerri Wall Tousley and Melody White, Wichita Commission on Status of Women; Mitchell Adamic, Wichita Public Building Commission; and moved that the appointments be -- carried approved. Motion carried 6 to 0. (Knight absent) Mayor Knight present and in the Chair. Motion -- Ferris appointed Dwight Flowers, Board of Code Standards and Appeals; Connie Neeley, Board of Housing Commissioners; Marvin Fisher, Board of Park Commissioners; Randy Phillips, Board of Zoning Appeals; Beverly Taylor, Civil Rights and Services Board; Dick Bortz, Convention and Tourism Committee; Stan Sheldon, Historic Preservation Board; Ralph Jimenez, Library Board; Mike Haggar, Metropoplitan Area Planning Commission; William Haggar, Police and Fire Retirement Board of Trustees; Ruth Faroh, Sister Cities; David Elkouri, Wichita Airport Authority; John Luerding, Wichita Public Building Commission; Dr. Donald M. Bebak, Wichita-Sedgwick County Board of Health; Gilbert Ballinger, Wichita-Sedgwick County Solid Waste Management Committee, and moved that the -- carried appointments be approved. Motion carried 7 to 0. Motion -- Kamen appointed Lois Ruby, Civil Rights and Services Board; Anna Shinkle, Commission on Status of People with Disabilities; Jerry Aday, Convention and Tourism Committee; Dora Timmerman, Public Art Advisory Board; Gloria Johnico, Wichita Commission on Status of Women, and moved that the appointments be -- carried approved. Motion carried 7 to 0. Motion -- Cather appointed Richard H. Maeder, Art Museum Board; James Pat Richardson, Board of Appeals of Plumbers and Gas Fitters; Roger Mendenhall, Board of Electrical Appeals; David Hiebert, Board of Housing Commissioners; Larry Daggett, Board of Park Commissioners; Lucio Arteaga, Civil Rights and Services Board; Frank Akerman, Commission on Status of People with Disabilities; Sally Roth, Convention and Tourism Committee; Sam Lentz, Historic Preservation Board; Marlene Henkle and Frank Madson, Library Board; Larry Ross, Metropolitan Area Planning Commission; Garry Winget, Metropolitan Transit Authority; Linda Nicholson, Police and Fire Retirement Board of Trustees; Cliff Bertholf, Sister cities; Sue Ledbetter, Traffic Commission; Kent Collins, Wichita Airport Authority; Karin Johnson and Vicki Romig, Wichita Commission on the Status of Women; Stephanie Schroeder, Wichita Employees Retirement Board; Ora Nestleroad, Wichita Public Building Commission; Brad Thome, Wichita-Sedgwick County Board of Health; Amber Bogle, Wichita-Sedgwick County Solid Waste Management Committee; Robert Welshimer, Commission on Status of People with Disabilities; Kitty Creech, Human Services -- carried Board, and moved that the appointments be approved. Motion carried 7 to 0. Motion -- Gail appointed George Vullmer, Art Museum Board; Dennis Galaway, Board of Park Commissioners; Mitch Faroh, Board of Zoning Appeals; Debbie Nassif, Civil Rights and Services Board; Samir Haggar, Convention and Tourism Committee; Paul Cavanaugh, Historic Preservation Board; Peggy Bennett, Library Board; Harley Miles, Metropolitan Area Planning Commission; Richard Carlon, Metropolitan Transit Authority; William B. Livingston, Public Art Advisory Board; Fran Lewis, Sister Cities; Eileen Gray Armstrong, Wichita Commission on the Status of Women; Dr. Phillip Allen, Wichita-Sedgwick County Board of Health; Colleen Didier, Wichita Employees Retirement Board, and moved that the appointments be approved. -- carried Motion carried 7 to 0. Motion -- Knight appointed Dan Rouser, Art Museum Board; Charlie Brown, Convention and Tourism Committee; James Guy, Historic Preservation Board; Ernestine Freeman, Human Services Board; Richard Lopez, Metropolitan Area Planning Commission; Don Anderson, Metropolitan Transit Authority; Carolyn Conley, Police and Fire Retirement Board of Trustees; Annie Lowrey, Public Art Advisory Board; Steve Clark, Wichita Airport Authority; Dr. Gary Thomas, Wichita Employees Retirement Board; Cindy Burbach, Wichita-Sedgwick County Board of Health; Kenneth Hartstein, Wichita-Sedgwick County Solid Waste Management Committee, and moved that the -- carried appointments be approved. Motion carried 7 to 0. Motion -- Rogers appointed Brenda Nunley, Art Museum Board; James Lewis, Board of Cost Standards and Appeals; Sherdeill Breathett, Board of Housing Commissioners; William Sanders, Board of Park Commissioners; Clifford McGee, Commission on Status of People with Disabilities; Charles Doughty, Community Corrections Advisory Board; Barbara Jackson, Convention and Tourism Committee; Harold Walker, Group Life Insurance Board of Trustees; Claire Willenberg, Historic Preservation Board; Vella Sillah, Human Services Board; Sharon Cranford and Vashti Lewis, Library Board; Brenda Gray, Metropolitan Transit Authority; Dr. Randy Hayden, Police and Fire Retirement Board of Trustees; Barbara James, Sister Cities; Alfred Wigley, Traffic Commission; Robert Alford, Wichita Airport Authority; Vickie Sellars and Michelle Bias, Wichita Commission on the Status of Women; Claudette Harrison, Wichita Employees Retirement Board; Carlene Hill, Wichita Public Building Commission; Dr. Val Brown Jr, Wichita-Sedgwick County Board of Health; Cordell DeGraftenreid, Wichita-Sedgwick County Solid Waste Management -- carried Committee, and moved that the appointments be approved. Motion carried 7 to 0. APPOINTMENT TO CPO 4. The members of CPO Council 4 have nominated Dale Swenson, 3145 S. Fern, to fill a vacancy on the Council for a term expiring April 8, 1997. Motion -- Gail appointed Dale Swenson and moved that the appointment be approved. Motion -- carried carried 7 to 0. CONSENT AGENDA Knight moved that the Consent Agenda, except Item 28, be approved in accordance with the recommended action shown thereon. Motion carried 7 to 0. BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED JUNE 12, 1995. At 10:00 a.m., Friday, June 9, 1995, 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 6/12/95) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Fairview from 1050 feet south of 29th Street (south of 29th Street, west of Broadway). (472- 82536/615336/811004) Traffic will not be carried during construction. (Council approval date 07-01-92) (District VI) Cornejo & Sons - $97,645.00 (Total Alternate #2) Washington from 8th Street North to 9th Street North. (472-82507/706069/405160) Through traffic will not be carried during construction; only local access shall be provided. (Council approval date 10-25-94) (District I) AND 8" Water Main along 8th Street from Mosley to Washington Street, and in Washington from 8th to 9th Streets (along Washington, from 8th to 9th Streets). (448- 88913/633438/544570) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 12-14-93) (District I) Ritchie Paving - $148,263.60 (Total Aggregate for Both) Water Distribution System to serve The First Mennonite Brethren Church (north of 21st, east of Tyler). (448- 88924/732701/n/a) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 05-23- 95) (District V) Dondlinger Construction Co., Inc. - $15,348.00 (Engineer's Estimate) Two-Way Center Left Turn Lane on Rock Road from approximately 290 feet north of the centerline of 13th Street North to approximately 2,380 feet north of the centerline of 13th Street North and necessary transitions (west Rock, between 13th and 17th). (472-82463/705921/405146) Traffic to be maintained through construction. (Council approval date 05-17- 94) (District II) AND Accel-Decel/Right Turn Lane to serve properties on the west side of Rock Road from approximately 500 feet north of the centerline of 13th Street north to approximately 500 feet north of the centerline of 13th Street North and necessary transition (west of Rock, north of 13th). (472- 82464/705913/405145) Traffic to be maintained through construction. (Council approval date 05-17-94) (District II) Cornejo & Sons - $379,178.70 (Aggregate Total Alternate #2) Knight moved that the contract 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 the contract for the City. Motion carried 7 to 0. PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS DIVISION: FURNISH LABOR, MATERIALS AND EQUIPMENT TO PROVIDE REINFORCEMENT OF FOUNDATION WALLS AT WOOLWORTH BUILDING AS PER SPECIFICATIONS Proposal No. One - Hahner, Foreman, Harness - $41,400.00 Proposal No. Two - Cornejo & Sons - $19,400.00 CITY MANAGER/OFFICE OF CENTRAL INSPECTION: DEMOLITION, REMOVAL OF STRUCTURE AND CLEANUP OF EIGHT (8) PROPERTIES AS PER SPECIFICATIONS Item 1 - Cornejo & Sons, Inc. - $1,770.00 (Total Net Bid) Item 2 - Bradburn Wrecking - $2,620.00 (Total Net Bid) Item 3 - M & M Tractor Works - $2,940.00 (Total Net Bid) Item 4 - Bradburn Wrecking - $ 650.00 (Total Net Bid) Item 5 - B.J. Hauling - $2,575.00 (Total Net Bid) Item 6 - Bradburn Wrecking - $3,980.00 (Total Net Bid) Item 7 - B.J. Hauling - $2,445.00 (Total Net Bid) Item 8 - Cornejo & Sons, Inc. - $2,280.00 (Total Net Bid) WATER & SEWER DEPARTMENT/WATER DISTRIBUTION DIVISION: TAPPING SLEEVES, PLASTIC & COPPER TUBING, CORPORATION STOPS, AND OTHER MISCELLANEOUS FITTINGS AS PER SPECIFICATIONS Group I - Hajoca Corp. -$ 1,075.00#** (Total Net Bid) Group II - Wichita Pump & Supply -$ 1,080.00#** (Total Net Bid) Group III - Hajoca Corp. -$ 1,899.00#** (Total Net Bid) Group IV - Hajoca Corp. -$ 560.30#** (Total Net Bid) Group V - Wichita Pump & Supply -$ 327.00#** (Total Net Bid) Group VI - The Collar Co. -$ 454.56# (Total Net Bid) Group VII - Hajoca Corp. -$ 2,527.38#** (Total Net Bid) Group VIII - Price Brothers Co. -$ 220.00# (Total Net Bid) Group IX - Wichita Winwater Works Co. - $12,960.00#***(Total Net Bid) Group X - Best Supply Co., Inc. -$ 1,512.00# (Total Net Bid) Group XI - Heartland Waterworks Supply -$ 342.56# (Total Net Bid) Group XII - Water Products Sales, Inc. - $ 738.50# (Total Net Bid) #plus applicable sales tax **2%-10 ***2%-30 POLICE DEPARTMENT: SHOTGUNS & PISTOLS AS PER SPECIFICATIONS Group I - Law Enforcement Equipment Co. - $2,149.92 (Total Net Bid) HUMAN SERVICES DEPARTMENT/WICHITA HOUSING AUTHORITY: BULKY WASTE & TRASH PICKUP AS PER SPECIFICATIONS Waste Management of Wichita - Option 2 - $2.45 per residence per month - Option 4 - $8.20 per residence per month Knight moved that the contracts be awarded as outlined above, same being the lowest and best bid. Motion carried 7 to 0. PLANS AND SPECS. PLANS AND SPECIFICATIONS. a. Water Distribution System to serve Meadow Oaks Addition (south of 29th Street North, east of Oliver). (448-88732/732677/470345) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 07-13-93) (District I) b. First east-west alley north of Douglas between Mead and Rock Island, east of Wichita Addition (north of Douglas, west of Washington). (472-82359/705723/405126) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 07-06-93) (District VI) c. Sewer Response Plan for Raising Buried Manholes in various locations. (index code n/a) Traffic to be maintained through construction. (Council approval date 12-14- 93) (District all) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., June 30, 1995. Motion carried 7 to 0. PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. Fairview from 1050 feet south of 29th Street (south of 29th Street, west of Broadway) - $125,000.00. (472- 82536/615336/811004) Traffic will not be carried during construction. (Council approval date 07-01-92) (District VI) b. Washington from 8th Street North to 9th Street North - $130,000.00. (472-82507/706069/405160) Through traffic will not be carried during construction; only local access shall be provided. (Council approval date 10-25-94) (District I) c. 8" Water Main along 8th Street from Mosley to Washington Street, and in Washington from 8th to 9th Streets (along Washington, from 8th to 9th Streets) - $53,659.00. (448- 88913/633438/544570) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 12-14-93) (District I) Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 7 to 0. STATEMENTS OF COST STATEMENTS OF COST. a. (Final) Art Museum Waterproofing - $144,640.00. (Less financing previously issued - $140,000.00) Financing to be issued at this time - $4,640.00. (435- 014/603415) b. (Final) Art Museum Window/Wall Replacement - $600,025.00. (Less financing previously issued - $595,000.00) Financing to be issued at this time - $5,025.00. (435- 034/790030) c. (Final) Century II Restroom Modifications - $169,615.00. (Less financing previously issued - $140,000.00) Financing to be issued at this time - $29,615.00. (435- 050/790196) d. (Final) Health Department Cooling Tower Replacement - $16,435.00. (435-056/790253) e. (Second Partial) Acquisition of Allis Hotel - $3,110,000.00. (Less financing previously issued - $1,810,000.00) Financing to be issued at this time - $1,300,000.00. (435-064/790337) f. (Final) Refurbish Main Library Basement - $568,650.00. (Less financing previously issued - $555,000.00) Financing to be issued at this time - $13,650.00. (435- 065/790345) g. (Final) Southwest Paper Company Land Acquisition (Old Town) - 470,070.00. (Less financing previously issued - $467,000.00) Financing to be issued at this time - $3,070.00. (435-067/790360) h. (Final) Farm and Art Market (Old Town) - $1,613,390.00. (Less financing previously issued - $1,539,000.00) Financing to be issued at this time - $74,390.00. (435-068/790378) i. (Amended Final) Five Parking Facilities within the Old Town Parking District - $876,000.00. (Less Sedgwick County Contribution - $800,000.00) Financing to be issued at this time - $76,000.00. (435-073/790428/472-82133) j. (Second Partial) City Hall Parking Garage - $4,500,000.00. (Less financing previously issued - $100,000.00) Financing to be issued at this time - $4,400,000.00. (435- 074/790436) k. (Second Partial) Fire Facility Construction and Repairs - $177,067.00. (Less financing previously issued - $129,067.00) Financing to be issued at this time - $48,000.00. (435-075/790444) l. (First Partial) Dillard's Building - Demolition of Interior - $1,000,000.00. (435-079/790485) m. (Final) Renovate St. Mark Church for Branch Library - $24,775.00. (435-085/790543) n. (Second Partial) Neighborhood Police Facility - 21st Street North - $570,000.00. (Less financing previously issued - $340,000.00) Financing to be issued at this time - $100,000.00. (435-086/790550) o. (Final) Acquire Properties in the Downtown Core Area - $20,715.00. (435-088/790576) p. (First Partial) Americans with Disabilities Act - Building Modifications - $290,000.00. (435-091/790600) q. (Final) Lynette Woodard Center - Floor and Roof - $61,975.00. (435-098/790675) r. (Second Partial) Neighborhood Police Facility - South - $520,000.00. (Less financing previously issued - $340,000.00) Financing to be issued at this time - $180,000.00. (435-100/790691) s. (Final) Purchase Coulter Property (Old Town) - $1,167,112.00. (Less financing previously issued - $1,137,632.00; Other sources of financing $5,000.00) Financing to be issued at this time - $29,480.00. (435-103/790725) t. (Final) Rockwell Branch Library Roof Replacement - $61,185.00. (435-105/790741) u. (Second Partial) Purchase 205 E. Douglas (Woolworth Building) - $320,632.00. (Less financing previously issued - $145,632.00) Financing to be issued at this time - $175,000.00. (435-106/790758) v. (Final) Diggs/Ivy Land Purchase - $92,875.00. (435-114/790832) w. (First Partial) City Hall Carpet Replacement - $150,000.00. (435-118/790873) x. (First Partial) Science Center (Core Area) - $675,000.00. (435-119/790881) y. (Final) Law Enforcement Firearms Training Facility - $322,510.00. (435-121/790907) z. (First Partial) Main Library and Westlink Branch Library Carpet Replacement - $200,000.00. (435- 123/790923) aa. (Final) Lynette Woodard Center - Gym Equipment - $17,625.00. (435-124/790931) bb. (First Partial) Health Department Chiller Repair - $53,000.00. (435-126/790956) cc. (Final) Purchase Two Rubber-Tired Trolleys - $82,850.00. (Less other sources of financing - $45,000.00) Financing to be issued at this time - $37,815.00. (435- 127/790964) dd. (First Partial) Maintenance Master Plan - $75,000.00. (435-129/790980) ee. (Final) Fire Facility Construction and Repair - $106,980.00. (435-130/790998) ff. (First Partial) Acquire Certain Fire- Fighting Equipment - $1,000,000.00. (435-131/791004) gg. (First Partial) Northeast Community Investment Project - $400,000.00. (435-138/791079) hh. (First Partial) City Hall Elevator Renovation - $390,000.00. (435-143/791129) ii. (Final) Acquire 2100 West Harry Court (Multimedia Property) - $119,164.00. (435-151/791228) Motion -- Knight moved that the Statements of Cost be approved and filed. Motion -- carried carried 7 to 0. PETITIONS PETITIONS (100%) FOR SANITARY SEWERS TO SERVE PART OF MEDITERRANEAN PLAZA ADDITION (NORTH OF 29TH, EAST OF ROCK ROAD). (District II) Agenda Report No. 95-514. The signature on the petitions represents 100% of the improvement districts. The projects will provide sanitary sewer service for a developing office/retail park. The projects total $142,000. The funding source is Special Assessments. Motion -- Knight moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-95-276 Resolution of findings of advisability and Resolution authorizing construction of Lateral 65, Main 22, War Industries Sewer (north of 29th, east of Rock) Project No. 468- 82480 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-95-277 Resolution of findings of advisability and Resolution authorizing construction of Lateral 66, Main 22, War Industries Sewer (north of 29th, east of Rock) Project No. 468- 82481) 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 Housing Commissioners, 5/18/95 CPO Southwest Council 4, 6/8/96 CPO Coordinating Board, 6/7/95 Wichita Commission on the Status of Women, 6/7/95, 5/3/95 Wichita Historic Preservation Board, 5/24/95, 5/11/95 Wichita Human Services Board, 5/18/95 Wichita Employees Retirement System, 5/24/95 Wichita Police & Fire Retirement System, 5/24/95 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 No. 95-515. In accordance with Special Event Procedures, event sponsors are to notify adjacent property owners and coordinate arrangements with Staff, subject to final approval by City Council. The following Special Event requests have been submitted: 1. Event: Celebrate! Date/time of Closure/Use: July 4, 1995 (8 a.m.) Location: West Bank Stage area Street Closures: McLean Boulevard, Handley to Lewis; Second Street, Osage to Waco; Sycamore, Douglas to Second; Douglas Avenue, Water to Sycamore; Waco, First to Douglas; Century Plaza Drive at Main Street. 2. Event: 1995 Summer Jam (Noon to 9:30 p.m.) Date/time of Closure/Use: Wednesday, June 28, 1995 Location: West Bank Stage Street Closures: Second Street, Sycamore to McLean; Sycamore, Douglas to Second; McLean Boulevard, Second to Douglas. Inasmuch as possible, event sponsors are responsible for all costs associated with special events. Motion -- Knight moved that the requests be approved subject to: (1) Event Sponsor notifying every property and/or business adjoining any portion of the streets to be used for the event; (2) coordination of event arrangements with City Staff; (3) hiring off-duty public safety officers as required by the Police Department; (4) obtaining barricades to close the streets in accordance with requirements of Police, Fire and Public Works Departments; (5) submitting a certificate of insurance evidencing general liability insurance which covers the event and its related activities, including the naming of the City as an additional insured with respect to the event's use of the closed City streets. Motion carried -- carried 7 to 0. TRAVEL AGENCY SERVICE TRAVEL AGENCY SERVICE CONTRACT. Agenda Report No. 95-516. Sedgwick County, USD #259, and the City of Wichita (in a joint purchasing cooperative effort) sent Request for Proposals to provide travel services. The current joint travel contract is with Happiness Plaza Travel Agency which will expire June 30, 1995. Five travel agencies submitted proposals on March 23, 1995. The joint staff committee conducted interviews and on-site visits on each of the five travel agencies. The joint staff committee selected Nova Travel Agency located at 1117 S. Rock Road, Wichita KS. Nova Travel agency offered the best monetary/fiscal benefit with a 33% rebate of the net commissions on all tickets booked. Nova Travel complied with all mandatory and desired requirements on the proposal and was very responsive to the needs and concerns of all three entities. The County Commission approved Nova Travel on June 8, 1995. Sedgwick County, USD #259, and the City of Wichita adopted a joint resolution which permits cooperative purchasing of services. Motion -- Knight moved that Nova Travel be approved to provide travel agency services for the City of Wichita in conjunction with a joint contract with the City of Wichita, Sedgwick County, and Unified School District #259. Motion carried -- carried 7 to 0. (Item No. 28) LONG DISTANCE AWARD OF BID FOR LONG DISTANCE SERVICE. Agenda Report No. 95-517. As the City's current contract for long distance telephone service expired May 30, 1995, proposals were sought for a new contract. Requests for Proposals were sent to seven firms, six of whom responded. Proposals were evaluated on service quality criteria as well as price. Each proposal received a score which reflected the level of service offered and price. Long Distance Management's proposal received the highest evaluation score and offers the lowest price among the vendors who responded to the proposal. Long Distance Management's bid price was $1,200 less in annual charges over the price bid by the next lowest vendor and $3,400 less annually than the City's current long distance provider. By accepting Long Distance Management's proposal, the City should save approximately $3,400 over what it currently pays annually for long distance service. This savings will be spread among all long distance users. The vendor will absorb any costs incurred in the transition to the new service. Motion -- Rogers moved that this Item be deferred one week for additional information. -- carried Motion carried 7 to 0. PROPERTY ACQUISITION ACQUISITION OF 5800 SOUTH HYDRAULIC FOR EXPANSION OF SEWER TREATMENT PLANT #2. Agenda Report No. 95-518. The City of Wichita's Sewer Division needs additional land for the replacement of sludge drying beds, as mandated by KDHE, USEPA, and the EPA's ST-106 (Sludge Management Plan), possible future expansion of the sewage treatment facility, and as a buffer to decrease available land that can be developed for residential or commercial use within the immediate area of Sewage Treatment Plant #2. Staff has been negotiating the purchase of a vacant 16 acre tract (696,960 sq. ft.) of vacant land at the S/E corner of Hydraulic and 57th Street South, immediately west of Sewage Treatment Plant #2. The land is owned by Meyers' Trust and is now being listed by Plaza Del Sol for $2,500 per acre. Sewer Division has requested Property Management purchase additional vacant land adjacent to it's Sewage Treatment Plant #2 as required by KDHE, USEPA, and EPA to continue to meet plans as identified in the adopted 1993 Sewer Master Plan for Wichita. Environmental Health Division has taken samples of the underground water table and soil samples for analyses, the acquisition is contingent on this property being free of contamination. The parcel has access to all public utilities. Staff recommends the purchase of this property for the negotiated amount of $1,650 per acre, $0.038 per sq. ft. or $26,400. Comparable sales in the south part of Wichita indicate that this price is below the current value for similar properties within the south part of Wichita. Funds have been budgeted in the 1995 Capital Improvement Program as Project S-500, a combination of Sewage Treatment Facility projects, with a 1995 Budget of $8,320,000. Property Management estimates a total budget of $35,000 for acquisition, closing costs, survey, soil and water tests and other misc. fees. Motion -- Knight moved that the budget be approved; and the Contract be approved and the -- carried Mayor be authorized to sign. Motion carried 7 to 0. HOMELESS GRANT APP. EMERGENCY COMMUNITY SERVICES HOMELESS GRANT APPLICATION. Agenda Report No. 95-519. The Emergency Community Services Homeless Grants (ECSHG) are authorized under the Steward B. McKinney Homeless Assistance Act. Grants are made to the states which in turn provide the funds to Community Action Agencies. The City of Wichita is the official Community Action Agency for this area. The Kansas Department of Commerce and Housing has notified the City that $20,653 is available for the City of Wichita for the program year beginning July 1, 1995. The Department of Human Services has worked with the Homeless Coalition to prepare a grant application for submission to KDOC&H. If approved, the grant will provide continued funding for a housing resource specialist who will search out available and affordable housing for homeless persons in Wichita. The specialist will provide this service to clients of all of the Homeless Coalition's members. The Human Services Board has approved the application and recommends approval. The amount of the grant request is $20,653. No local funds are requested. Motion -- Knight moved that the application be approved and the City Manager be authorized -- carried to sign the necessary documents. Motion carried 7 to 0. CONDEMNATIONS CONDEMNATION OF DANGEROUS AND UNSAFE STRUCTURES NOTICE OF HEARING RESOLUTIONS. Agenda Report No. 95-520. On June 5, 1995, the Board of Code Standards (BCSA) held a hearing on the following four (4) properties. These properties are considered dangerous and unsafe structures, and are being presented to schedule a condemnation hearing before the Governing Body. Improvement notices have been issued on these structures, however, compliance has not been achieved. Pre- condemnation and formal condemnation letters were issued and the time granted has expired. No action has been taken to repair or remove the following properties. Property Address Council District (1) 1427 N. Grove 1 (2) 1754 N. Ash 1 (3) 2403 N. Shelton 6 (4) 427 E. Lewis 6 These structures have defects that under Ordinance No. 28-251 of the Code of the City of Wichita, shall cause them to be deemed as dangerous and unsafe buildings, as required by State Statute for condemnation and consideration. Motion -- Knight moved that the Resolutions placing this matter on the agenda for a Hearing before the Governing Body on August 1, 1995, at 11:00 a.m., be adopted. Motion -- carried carried 7 to 0. RESOLUTION NO. R-95-271 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lots 163 and 165, on Tyler Avenue now Grove Street, Logan Addition to Wichita, Sedgwick County, Kansas, known as 1427 North Grove, in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-95-272 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lots 2 and 4, Strong now Ash Street, Logan Addition to Wichita, Sedgwick County, Kansas, known as 1754 North Ash, in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-95-273 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: the south 11 feet of Lot 46 and all of Lot 48 in Block 6, Mascot Addition to Wichita, Sedgwick County, Kansas, known as 2403 North Shelton in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-95-274 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: the east one-half of the north 131 feet of Clark's Reserve, N.A. English's 5th Addition to Wichita, Sedgwick County, Kansas, known as 427 East Lewis, in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. CENTURY II SECURITY CENTURY II SECURITY CONTRACT. Agenda Report No. 95-521. An increasing number of private security companies are providing security service at Century II and are unfamiliar with the facility's rules and regulations, procedures to contact building staff in the event of an emergency, or evacuation procedures. It is proposed that there be an exclusive contract with one security company which would be required to train their guards in the rules and regulations of Century II. Excluded from the exclusive contract is the use of off-duty Police Officers or Sheriff Patrol Officers and companies that prefer to use their own in-house security such as Boeing, Cessna, and the School Board. A Request for Proposal was developed and, through the review and rating process, Force-1 Security Corporation was selected. The hourly rate for Force-1 is $9.90 for unarmed and $10.90 for armed guards. The use of metal detectors and state-of-the-art 800 Mhz radios are to be provided at no extra charge. Century II clients will still be responsible for arranging and paying for their event security. In consideration for receiving the exclusive contract, Force-1 will pay Century II a monthly compensation of 2 percent of the total hourly wages charged for security. Motion -- Knight moved that the Contract be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. ORDINANCES ORDINANCES PFS, PepsiCo, Inc. ORDINANCE NO. 42-799 An Ordinance authorizing the City of Wichita, Kansas, to issue its taxable industrial revenue bonds in the aggregate principal amount of $3,560,000 for the purpose of providing funds to purchase, acquire and construct a new spice manufacturing and distribution facility located in the City of Wichita, Kansas; prescribing the form and authorizing execution of a trust indenture by and between the City and Bank IV Kansas, National Association, Wichita, Kansas, as trustee with respect to the bonds; prescribing the form and authorizing the execution of a site lease by and between Trinet Essential Facilities XI, Inc., and the City; prescribing the form and authorizing the execution of a prime lease by and between Trinet Essential Facilities XI, Inc., and the City; approving the form of a sublease by and between Trinet Essential Facilities XI, Inc. and Pepsico, Inc.; authorizing the execution of a bond purchase agreement by and between the City and Trinet Essential Facilities, XI, Inc., as purchaser of the bonds, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. ORDINANCE NO. 42-800 An Ordinance authorizing the City of Wichita, Kansas, to issue its taxable industrial revenue bonds in the aggregate principal amount of $440,000 for the purpose of providing funds to purchase and install certain machinery and equipment in a spice manufacturing and distribution facility located in the City of Wichita, Kansas; prescribing the form and authorizing execution of a trust indenture by and between the City and Bank IV Kansas, National Association, Wichita, Kansas, as trustee with respect to the bonds; prescribing the form and authorizing the execution of a lease agreement by and between PepsiCo, Inc., and the City; prescribing the form and authorizing the execution of an easement and agreement by and between PepsiCo, Inc., and the City; authorizing the execution of a bond purchase agreement by and between the City and PepsiCo, Inc., as purchaser of the bonds, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. Z-3148 ORDINANCE NO. 42-802 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. BZA ORDINANCE NO. 42-803 An Ordinance amending Section 2.26.020 of the Code of the City of Wichita, Kansas, pertaining to fees for Board of Zoning Appeals applications and repealing the original of said Section, 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. PLANNING AGENDA A 95-7 A 95-7 - THE SALVATION ARMY REQUESTS THE ANNEXATION OF PROPERTY ADJOINING THE CITY GENERALLY LOCATED AT THE NORTHEAST CORNER OF DELAWARE AND 49TH STREET NORTH. Agenda Report MAPC Recommendation: Approve the annexation request. Marvin Krout Director of Planning reviewed the Item. Motion -- Knight moved that the annexation request be approved and the annexation -- carried Ordinance be placed on first reading. Motion carried 7 to 0. ORDINANCE An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, introduced and under the rules laid over. A-95-7 DP-151 DP-151 AMENDMENT #2 - REQUEST FOR AN AMENDMENT TO PARCELS 1 AND 2 OF THE DUGAN CENTRE COMMERCIAL COMMUNITY UNIT PLAN, LOCATED EAST OF RIDGE CIRCLE BETWEEN KELLOGG AND TAFT AVENUE. (District V) Agenda Report. Staff Recommendation: Approve, subject to platting and conditions. MAPC Recommendation: Approve, subject to platting and conditions. Mayor Knight left the Bench; Vice Mayor Kamen in the Chair. Motion -- Ferris moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC be approved, subject to the recommended -- carried conditions. Motion carried 6 to 0. (Knight absent) DP-195 DP-195 AMENDMENT #2 - REQUEST FOR AN AMENDMENT TO PARCEL 2 OF THE COMOTARA POWER CENTER COMMERCIAL COMMUNITY UNIT PLAN; AND SIGN VARIANCES TO REDUCE THE 150 FOOT SIGN SPACING REQUIREMENT IN PARCEL 4. (District II) Agenda Report. Staff Recommendation: Approve, subject to platting and conditions. MAPC Recommendation: Approve, subject to platting and conditions. Motion -- Kamen moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC be approved, subject to the recommended -- carried conditions. Motion carried 6 to 0. (Knight absent) EXECUTIVE SESSION Motion -- Kamen moved that the Council recess to lunch and executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to pending and potential litigation, and legal advice; preliminary discussions relating to the acquisition of real property for public purposes; and matters relating to employer-employee negotiations; and the regular -- carried meeting be resumed no later than 1:20 p.m. Motion carried 6 to 0. (Knight absent) RECESS Council recessed at 12:02 p.m. and reconvened in regular session at 1:25 p.m. Mayor Knight present and in the Chair. No action was necessary as a result of the executive session. ADJOURNMENT The City Council meeting adjourned at 1:25 p.m. Pat Burnett Deputy City Clerk Workshop: Landscape Ordinance COUNCIL PROCEEDINGS JOURNAL 158 JUNE 20, 1995 Page