MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, April 28, 1998 Tuesday, 9:02 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cole, Kamen, Lambke, Rogers; present. *Council Members Ferris, Gale; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Patsy Ellis, Deputy City Clerk; Pat Burnett, City Clerk; present. The invocation was given by David Kimble, Baha'i. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. AWARDS AND PRESENTATIONS *Council Members Ferris, Gale; present. PROCLAMATIONS Mayor Knight presented the Proclamations that were previously approved. PUBLIC AGENDA COMMENTS BY SHAMON SANCHEZ. Shamon Sanchez, a fifth grade student, spoke of concern with regard to affirmative action as it pertains to government contracts. Shanon Sanchez requested that the City, County, and State Government continue to support affirmative action. COMMENTS BY GARRY WINGET. Garry Winget expressed concern with regard to hazardous traffic situations during funeral processions. Mr. Winget suggested funeral processions be eliminated and that those who wish to go to the cemetery just meet at the cemetery. Mayor Knight spoke in disagreement but said ways to make funeral processions safer ought to be explored. Council Member Kamen said it might be worthwhile to look into requirements regarding the number of escorts required. UNFINISHED BUSINESS CONDEMNATION REPAIR OF REMOVAL OF DANGEROUS & UNSAFE STRUCTURES - 1234 N. EMPORIA. (District VI) Kurt Schroeder Superintendent of Central Inspection reviewed the Item. Agenda Report No. 97-842 B. This property was first cited for violations on September 13, 1995. Several notices were issued and on May 5, 1997, a pre-condemnation letter was issued. Formal condemnation was initiated on May 8, 1997. At the August 4, 1997, BCSA hearing the owner did not appear and the BCSA recommended 10 days to start demolition and an additional 10 days to complete. This case was before the Council on October 7, 1997, and Council adopted a resolution of 60 days for any interested party to purchase the property and 60 days to repair it. On February 24, 1998, Council reviewed this case. Historic Midtown Citizen Association (HMCA) was in the process of acquiring the property. Council adopted a resolution of 30 days for prospective owners to purchase the property, then 30 days to complete the foreclosure and repair the exterior. That time has elapsed and HCMA has purchased the property, but foreclosure is not yet completed. Staff contacted HMCA to inform them that the structure is now open. Staff inspected the property on April 14, 1998. The structure was open. No repairs had been made and there was some debris on the premises. The second half of 1997 taxes are due in June. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that 60 days be given to allow Historic Midtown to complete the sale -- carried and move to exterior repair work. Motion carried 7 to 0. CITY COUNCIL AGENDA TRAVEL APPROVAL APPROVAL OF MAYOR KNIGHT'S TRAVEL, MAY 17-19, 1998, TO ORLANDO, FLORIDA, FOR NATIONAL LEAGUE OF CITIES ACHIEVING WORLD CLASS LOCAL ECONOMIES MEETING. Motion -- carried Ferris moved that the travel expenses be authorized. Motion carried 7 to 0. APPOINTMENTS BOARD APPOINTMENTS (FOR TERMS EXPIRING JUNE 30, 1999) Board of Appeals of Air Conditioning, Refrigeration, Warm Air Heating and boilers (2 appointments - Mobile Home Mechanic and Architect - Council at large) Civil Rights and Services Board (Rogers) Commission on the Status of People with Disabilities (2 appointments - Cole, Kamen) Wichita Athletic Commission (3 appointments - Council at large) Wichita Commission on the Status of Women (2-Lambke) Wichita Transit Advisory Board (Rogers) There were no appointments made. PROCLAMATIONS PROCLAMATIONS -- Poppy Day -- Public Service Recognition Week Motion -- carried Knight moved that the proclamations be authorized. Motion carried 7 to 0. CONSENT AGENDA Knight moved that the Consent Agenda, except Addendum Item 32, 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 APRIL 27, 1998. At 10:00 a.m., Friday, April 24, 1998, 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 April 27, 1998) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: Sewers, Paving and Water Mains as per specifications Storm Water Sewer 499 to serve Stonebriar Addition (west of Meridian, south of 47th Street South. (468-82801/751156/485150) Does not affect existing traffic. (Council approval date 4-7-98) (District IV) Mies Construction Co., Inc. - $57,668.00 Water Distribution System to serve Stonebriar Addition (west of Meridian, south of 47th Street South). (448-89075/734384/470516) Does not affect existing traffic. (Council approval date 4-7-98) (District IV) Mies Construction Co., Inc. - $28,760.00 Water Distribution System to serve Forest Lakes West (north of 29th Street, east of Tyler). (448-89207/734426/470520) Does not affect existing traffic. (Council approval date 9-23-97) (District V) KC Excavating - $11,955.00 Lake Ridge Court serving Lots 1 through 13, lock 2 to serve Forest Lakes West (north of 29th Street, east of Tyler. (472-82875/764894/490591) Does not affect existing traffic. (Council approval date 9-23-97) (District V) Asphalt Construction - $70,187.50 (LS/MQ Total Alternate #1) Stafford Court serving Lots 1 through 5 inclusive, Block 3, from the north line of Stafford Circle to and including the cul-de-sac; and Stafford Circle serving Lots 6 through 13 inclusive, Block 3, from the east line of Maize Road to and including the cul-de-sac to serve Prairie Woods Addition north of Pawnee, east of Maize). (472-82567/764712/490573) Does not affect existing traffic. (Council approval date 3-21-95) (District V) Kansas Paving - $66,655.70 Knight moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign for the City. Motion carried 7 to 0. PUBLIC WORKS DEPARTMENT/FLEET & BUILDING DIVISION: Motor Grader (130807) The Victor L. Phillips Co. - $73,297.00 (Total Net Base Bid) No Charge - Option #1 Add Lump Sum $19,450.00 - Option #2 Deduct Lump Sum Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid, and the necessary signatures be authorized. Motion carried 7 to 0. LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1998 (Consumption on Premises) Paul A. Eck Family Home Association, Inc.*3202 West 13th (Consumption off Premises) David F. Gillis Osco Drug Store #21478131 East Kellogg David F. Gillis Osco Drug Store #2148601 North West street Suite #100 Special Event 1998 (Consumption on Premises) James T. Ross Old Town Block Party 825 East Second Street (River Festival) *General/Restaurant -- 50% or more of gross receipts derived from sale of food. Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 7 to 0. PLANS AND SPECS PLANS AND SPECIFICATIONS. a. 1998 Sewer Reconstruction Program, Phase II (Mosley, Murdock to 11th Street). (468-82825/620039/533-355) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 1- 6-98) (District I) b. 1998 Sanitary Sewer Rehabilitation Program, Phase C (north of Maple, east of 135th Street West). (468-82836/620070/533-359) Does not affect existing traffic. (Council approval date 1-6-98) (District V) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., May 8, 1998. Motion carried 7 to 0. SUBDIVISION PLANS AND SPECIFICATIONS. a. Lateral 365, Southwest Interceptor Sewer to serve Chitwood Addition (south of 47th Street South, east of West Street). (468- 82587/742650/480357) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 04-02-96) (District 4) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., May 1, 1998. Motion carried 7 to 0. b. Lateral 396, Southwest Interceptor Sewer to serve Prairie Woods 2nd Addition (north of Pawnee, west of Maize). (468- 82821/743476/480438) Does not affect existing traffic. (Council approval date 4- 14-98) (District 5) c. Water Distribution System to serve Prairie Woods 2nd Addition (north of Pawnee, west of Maize). (448-89256/734483/470526) Does not affect existing traffic. (Council approval date 4-14-98) (District 5) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., May 8, 1998. Motion carried 7 to 0. PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. Water Line in 19th Street North (Santa Fe to 230' East of Mosley). (448-89088/634709/544-125) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 1-6-98) (District VI) - $110,000 b. Water Distribution System to serve Moorings North Addition (west of Meridian, south of 53rd Street North). (448-89211/734210/470- 499) Does not affect existing traffic. (Council approval date 10-27-97) (District VI) - $230,000 c. Water Distribution System to serve Lark Sixth Addition, Phase I (south of Kellogg, east of 119th Street West). (448-89227/734368/470-514) Does not affect existing traffic. (Council approval date 12-9-97) (District V) - $77,000 d. Water Distribution System to serve Lark Sixth Addition, Phase II (south of Kellogg, east of 119th Street West). (448-89228/734350/470- 513) Does not affect existing traffic. (Council approval date 12-9-97) (District V) - $52,000 e. Lateral 372, Southwest Interceptor Sewer, Phase II to serve Stonebriar Addition (west of Meridian, south of 47th Street South). (468- 82640/743435/480-434) Does not affect existing traffic. (Council approval date 4- 7-98) (District IV) - $119,000 f. Lateral 17, Main 13, Southwest Interceptor Sewer, Phase I to serve Lark Sixth Addition (south of Kellogg, east of 119th Street West). (468-82793/ 743419/480-432) Does not affect existing traffic. (Council approval date 12-9-97) (District V) - $123,000 g. Lateral 18, Main 13, Southwest Interceptor Sewer, Phase II to serve Lark Sixth Addition (south of Kellogg, east of 119th Street West). (468-82794/743427/ 480-433) Does not affect existing traffic. (Council approval date 12-9-97) (District V) - $66,000 h. Meadow Grove/Lake Ridge from the west line of Lot 9, Block 3, to the south line of Lot 18, Block 3; Meadow Grove Court serving Lots 39 through 49, Block 4; and Sidewalk along the north and west line of Meadow Grove/Lake Ridge to serve Northridge Lakes Addition (east of Tyler, north of 21st Street). (472-82608/764761/ 490-578) Does not affect existing traffic. (Council approval date 7-25-95) (District V) - $175,000 i. Maize Road from 21st Street to Sterling (north of 21st Street, west of Maize). (472-82651/82366/82191/82928/710178/763359/763334/764878/ 410068/490438/490436/490-589) Traffic to be maintained through construction. (Council approval date 10-24-97/7-27-93/1-28-92/3-24-98) (District V) - $1,065,670 j. Meadow Pass, from the west line of Lot 11, Block 5, to the east line of Lot 13, Block 5; Lake Ridge, from the south line of Lot 18, Block 3, to the south line of Meadow Pass; a Sidewalk along the south line of Meadow Pass from the west line of Lot 11, Block 5, to the east line of Lot 13, Block 5, and along the west line of Lake Ridge from the south line of Lot 18, Block 3, to the south line of Meadow Pass to serve Northridge Lakes Addition (east of Tyler Road, south of 29th Street North). (472-82885/764779/490-579) Does not affect existing traffic. (Council approval date 12-9-97) (District V) - $137,000 Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 7 to 0. BOARD MINUTES MINUTES OF THE ADVISORY BOARDS. Board of Park Commissioners, 4-13-98 CPO Northeast Council 1, 4-13-98 CPO East Council 2, 4-13-98 CPO Northwest Council 5, 4-15-98 CPO North Central Council 6, 4-15-98 Civil Rights & Services Board, 3-16-98 Historic Preservation Board, 3-9-98 Human Services Board, 3-26-98 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 7 to 0. STREET CLOSURES CONSIDERATION OF STREET CLOSURES/USES. There were no street closures/uses considered. FINANCIAL REPORT QUARTERLY FINANCIAL REPORT FOR THE PERIOD ENDED MARCH 31, 1998. Motion -- carried Knight moved that the Report be received and filed. Motion carried 7 to 0. CLAIMS ALLOWED REPORT REPORT ON CLAIMS ALLOWED - MARCH, 1998. Name of Claimant Amount Fred & Toba Schnyder $2,519.00 Dorothy E. McGinn $1,000.00 Beverly J. Henrey $1,140.00 Mark Wetta $1,272.68 Motion -- carried Knight moved that the Report be received and filed. Motion carried 7 to 0. DESIGN SERVICES AGREEMENT FOR DESIGN SERVICES FOR TURTLE RUN THIRD ADDITION (SOUTH OF PAWNEE, WEST OF WEBB ROAD). (District II) Agenda Report No. 98-361. The City Council approved the Turtle Run 3rd Addition plat on April 2, 1996. The proposed Agreement between the City and Poe & Associates, Inc. provides for the design of Lateral 132, War Industries Sewer; Water Distribution System Number 448-89026; and paving Cooper, Marion, Cypress and Scott. Poe & Associates, Inc. provided subdivision engineering services for this addition, therefore, they can expedite construction plan preparation. Payment will be on a lump sum basis of $26,700 and will be paid by special assessments. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. GROUND WATER STUDY PARTICIPATION IN THE LAWRENCE LIVERMORE NATIONAL LABORATORY GROUND WATER STUDY - GILBERT AND MOSLEY SITE AND BROOKS LANDFILL. Agenda Report No. 98-362. The Lawrence Livermore National Laboratory (LLNL) is coordinating a survey of chlorinated volatile compounds in groundwater. Data will be collected from over 20 states for the purpose of evaluating the behavior of chlorinated solvents in groundwater plumes. The major focus of the study is to examine how these plumes behave in various environments and how various factors control contaminate plume growth and stability. Due to the quality and quantity of groundwater data, and various site factors the LLNL has requested that the City of Wichita's Gilbert and Mosley site be part of the study. The study is funded by the Interstate Technology and Regulatory Commission (ITRC) of the Western Governors Association, Department of Energy, Department of Defense and industry. The City's obligation would be to provide the LLNL with analytical data, aquifer properties, maps, geology, site description and history in electronic format. Participation in this study would benefit the City of Wichita by; 1. further recognizing Wichita as an innovator in investigating, managing and cleaning up sites, and 2. the study will enhance the body of knowledge on plume management and clean-up decisions that can be applied to our specific local sites. There are no costs involved to participate in the program. The City's consultant, Camp Dresser and McKee has agreed to provide the data in electronic format to LLNL at no cost to the City. Motion -- Knight moved that participation in the Partnership for Safe Water be authorized; and the Mayor be authorized to sign the appropriate Partnership Agreement. -- carried Motion carried 7 to 0. WATER SUPPLY LINE CHANGE ORDER - WATER SUPPLY LINE (NORTH OF THE K-96 EXPRESSWAY, ALONG GREENWICH ROAD). (District II) Agenda Report No. 98-363. On February 24, 1998, the City Council approved a Petition to extend water service along Greenwich Road, north of the K-96 Expressway. The project, which is under construction, is financed by a combination of City funds and special assessments to adjoining developments and the new Northeast Soccer Complex. After the project was bid and awarded, there was a revision to the plans. This revision called for the installation of an additional 266 l.f. of steel casing pipe. This additional pipe was required by KDOT. It was not anticipated that the casing pipe would be required for future ramp area in addition to going under the existing K-96 Highway. At two locations, the casing pipe will be installed by the open cut method, while the other location calls for boring beside the K-96 bridge piers along Greenwich Road. The Change Order is necessary to expedite development of soccer and ball fields north of K-96 and west of Greenwich Road. The Change Order amount is $32,200, with $11,500 paid by the Water Utility and $20,700 assessed to the improvement district. Motion -- Knight moved that the bids be waived; and the Change order be approved and the -- carried Mayor be authorized to sign. Motion carried 7 to 0. IRB - PRESBYTERIAN CITY OF WICHITA REFUNDING AND IMPROVEMENT REVENUE BONDS, SERIES IX-A, IX-B, IX-C, MANORS 1990, PRESBYTERIAN MANORS, INC.; REPLATTING REQUEST, CITY OF SALINA FACILITIES. (District II) Agenda Report No. 98-364. In 1990, the City of Wichita, through a number of interlocal cooperation agreements, issued refunding and improvement revenue bonds to finance or refund previous financing on Presbyterian Manor, Inc. facilities throughout Kansas, including certain facilities in the City of Salina. As part of the security for repayment of the Bonds, all of the financed facilities were subjected to the lien of the trust indenture, and subjected to certain restrictions on transfer or encumbrances, and easements. However, under the terms of the Lease, it is possible for the City of Wichita to consent to transfers, encumbrances and easements under certain conditions, at the request of the Tenant. Given the similarity of such matters to zoning and replatting matters that may also create or alter restrictions on use, the same basic procedures appear applicable by analogy to requests for replatting. In connection with some further development of its property in Salina, the Tenant has requested the City of Wichita to approve a proposed replatting of property at its Salina facilities.. The Tenant has certified that the replatting will not be detrimental to the proper conduct of the Tenant's business in any manner or degree, and will not impair the effective use or interfere with the efficient and economical operation of the Salina Facility and will not materially adversely affect the security pledged to the payment of the Bonds. The replatting requested by the Tenant should further the Tenant's other development plans for its Salina facilities, and should have no adverse impact on the security for the outstanding Bonds. Motion -- Knight moved that the Resolution be adopted and the Mayor be authorized to sign -- carried the necessary documents. Motion carried 7 to 0. RESOLUTION NO. R-98-155 A Resolution authorizing the execution and delivery of documents for the replatting of property at Presbyterian Manors, Inc.,'s Salina, Kansas, facilities, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. AIRPORT PROJECT CAPITAL PROJECT INITIATION - WICHITA AIRPORT AUTHORITY. Agenda Report No. 98-365. The project is Public Parking System Improvements (A-40) and represents improvements that will be made to Mid-Continent Airport subject to further action and approval by the Authority. The project has been included in a Capital Improvement Program of the City of Wichita. The maximum permanent financing term for this project would be 15 years. A rate structure exists that provides for cost recovery on this project. This action approves only the intent to use City of Wichita bonding authority in the future and does not specifically authorize the issuance of debt nor does it preclude the use of any substitute funding source. The estimated maximum debt to be incurred, based on the best present information, is $846,000. Motion -- carried Knight moved that the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-98-166 A Resolution declaring that a public necessity exists for, and that the public safety, service, and welfare will be advanced by, the making of certain capital improvements to the Wichita Mid-Continent Airport Facility operated by the Wichita Airport Authority of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. PARTS AND BRAKES PARTS AND BRAKE CLEANING SERVICE. Agenda Report No. 98-366. There are twenty-four (24) parts cleaner units located throughout departmental equipment repair facilities. These repair facilities are provided service and equipment through pre-scheduled service intervals. Each location has a cost associated with their particular service. A Request for Proposal (RFP) to provide parts and brake cleaning equipment and service was mailed to 27 vendors, seven vendors responded. Safety Kleen was selected because of their qualifications and ability to meet the RFP stated requirements. Safety Kleen has been providing this service to the City of Wichita for the last three years. Estimated annual cost of contract is $19,270. Sufficient funds are budgeted for 1998 in the various departmental budgets. Motion -- Knight moved that the contract for one year with an option to renew for one (1) or two (2) successive one-year periods to Safety Kleen be approved and the -- carried purchasing manager be authorized to sign. Motion carried 7 to 0. TELECOMMUNICATIONS TELECOMMUNICATIONS REPLACEMENT CONSULTATION PROJECT. Agenda Report No. 98-367. The City has scheduled replacement of the current communications system. A consultant is required to assess requirements, assist with vendor selection and oversee the replacement project. The project is expected to be complete by November, 1998. A request for Proposal was distributed to twenty (20) firms; of those firms four responded and two were asked to give formal presentations. Herbst and Associates was selected for its extensive experience with municipal and other governments and for its 30 years of telecommunications consulting experience. The Telecom Equipment Replacement Fund includes provisions for the consulting services of $54,000 which includes reimbursement for related out of pocket expenses. Motion -- Knight moved that selection of Herbst & Associates be approved; and the Contract -- carried be approved and the Mayor be authorized to sign. Motion carried 7 to 0. KCC GRANT GRANT WITH THE KANSAS CORPORATION COMMISSION (KCC). (All Districts) Agenda Report No. 98-368. For the past thirteen (13) years Wichita Transit has filed for KCC funding to support the local rideshare program and special transportation development/coordination activities. This year's grant will be a continuation of that effort, which includes mostly labor costs, with training and marketing, to promote all ground transportation services from buses to vans to carpools. Major employers will be targeted for some level of corporate sponsorship of public transit. Additionally, staff will be conducting research on the feasibility of implementing Intelligent Transportation Systems (ITS) type of service for our operations, including the automatic vehicle locator (AVL), geographic information system (GIS), and electronic fare collection per Wichita Transit's Operational Plan. Finally, staff will continue its brokering effort to place/match individuals for other transportation services available throughout the region. Wichita Transit Advisory Board has reviewed and supports Wichita Transit in applying for the KCC grant. The grant request is for $37,000. This is the same amount that was received last year. Each year KCC funds are used as the 20% local match to FTA (80%) funds ($148,000). There will be no city funds used to support these activities. Motion -- Knight moved that the grant filing and contract with the Kansas Corporation Commission (KCC) be approved and the Mayor be authorized to execute. Motion -- carried carried 7 to 0. 1998 PARK CIP 1998 PARK CAPITAL IMPROVEMENT PROGRAM. (All Districts) Agenda Report No. 98-369. The 1998 Capital Improvement Program (CIP) provides for improvements in a number of parks. Following is a list of parks to be improved, the nature of the work, and the CIP budget. Project Scope of Work CIP Budget Chisholm Creek Park Park Lighting $105,000 South Lakes Park Parking Lot & Road Improvements$320,000 Lincoln & Buffalo Parks Tennis Court Rehabilitation$150,000 Various Parks Bikeway Rehabilitation$ 50,000 Various Parks Sidewalks $ 20,000 Various Parks Park Lighting $ 50,000 Various Parks Playground Equipment$ 40,000 The projects total $735,000. The funding source is General Obligation Bonds. Motion -- Knight moved that the projects be approved and the Resolutions be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-98-156 A Resolution authorizing the issuance of bonds by the City of Wichita at large for public improvements in Chisholm Creek Park (472-82920), presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-157 A Resolution authorizing the issuance of bonds by the City of Wichita at large for public improvements in Lincoln and Buffalo Parks (472- 82921), presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-158 A Resolution authorizing the issuance of bonds by the City of Wichita at large for public improvements in South Lakes Park (472-82922), presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-159 A Resolution authorizing the issuance of bonds by the City of Wichita at large for public improvements in various city parks (472-82923), presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-160 A Resolution authorizing the issuance of bonds by the City of Wichita at large for public improvements in various city parks (472-82924), presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-161 A Resolution authorizing the issuance of bonds by the City of Wichita at large for public improvements in various city parks (472-82925), presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-162 A Resolution authorizing the issuance of bonds by the City of Wichita at large for public improvements in various city parks (472-82926), presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. IRB - BRENNER IRB - PURCHASE OPTION - BRENNER TANK WICHITA, INC. (District IV) Agenda Report No. 98-370. On December 5, 1985, the Wichita City Council approved the issuance of $3,000,000 in Industrial Revenue Bonds, Series XI, 1995, to finance the acquisition, rehabilitation, expansion and equipping of a manufacturing facility and the purchase of additional equipment to be leased to and operated by Brenner Tank Wichita, Inc., located at 4716 South Santa Fe Street. Shortly after the issuance of the IRBs, Brenner Tank decided against pursuing their plans to open a manufacturing plant in Wichita. Brenner Tank has submitted a request that the property under the bond issue be deeded to Brenner Tank Wichita, Inc. Under the provisions of Sections 17.1 and 17.2 of the Lease Agreement for the IRBs, the Tenant, has the option, if all outstanding bonds have been paid, to purchase the facility from the City of Wichita for the sum of $1,000. The City of Wichita received a request from Hinkle, Eberhart & Elkouri, Bond Counsel for the bond issue, to approve documents to permit Brenner Tank Wichita, Inc. to exercise their option to purchase the facility financed with the bonds. The City received a check in the sum of $1,000 from Brenner Tank Wichita, Inc. on April 17, 1998, representing the purchase price for the facility. The purchase price is $1,000 and other considerations as listed under the provision of the Lease Agreement to redeem and retire all outstanding bonds. This price includes without limitations, principal, interest, redemption premium, and all other expenses of redemption, and trustee fees, but after the deduction of any amounts described and provided for in the Lease Agreement and available for such redemption. The City is contractually bound to convey the IRB property to the Tenant by special warranty deed, once all the conditions established in the Lease have been met. Motion -- Knight moved that the Resolution be adopted and the Mayor be authorized to sign -- carried the necessary documents. Motion carried 7 to 0. RESOLUTION NO. R-98-163 A Resolution authorizing the City of Wichita, Kansas, to convey title to the manufacturing facility acquired and the improvements purchased, constructed, and installed thereto with the proceeds of its adjustable rate Industrial Development Revenue Bonds, Series XI, 1995 (Brenner Tank Wichita, Inc.) to Brenner Tank Wichita, Inc.; authorizing execution of a special warranty deed, bill of sale, termination and release of lease, cancellation, discharge and release of indenture, and termination of financing statements; and authorizing the execution of all such other documents necessary to convey title in the facility to Brenner Tank Wichita, Inc., presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. SIDEWALK AND RAMP PGM. 1998 ARTERIAL SIDEWALK AND WHEELCHAIR ACCESS RAMP PROGRAM. (All Districts) Agenda Report No. 98-371. The 1998 Capital Improvement Program includes a project to continue constructing sidewalk on arterial streets and wheelchair access ramps (MS-9309). This will be the fifth year of a 10-year program for wheelchair access ramps. On March 18, 1998, the Traffic Commission discussed the proposed 1998 Arterial Sidewalk Construction Program. The Traffic Commission voted 6-0 to recommend the following locations for sidewalks: * East side of Oliver, from 17th Street to 21st Street. * South side of 13th Street, from Edgemoor to Woodlawn. Both sidewalk locations were requested by area residents for access to neighborhood grocery stores and other businesses. Affected property owners will be given notice prior to bidding the work. The estimated project cost is $200,000. The funding source is General Obligation Bonds. Federal law requires that wheelchair ramps be installed at all locations where sidewalks are located. Motion -- Knight moved that the project be approved and the Resolution be adopted. Motion -- carried carried 7 to 0. RESOLUTION NO. R-98-164 A Resolution authorizing the issuance of bonds by the City of Wichita at large for public improvements for sidewalks on the east side of Oliver, from 17th Street North to 21st Street North and on th south side of 13th Street North, from Edgemoor to Woodlawn, and wheelchair access ramps (1998 Arterial Sidewalk and Wheelchair Access Ramp Program (472-82931), presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. TRAFFIC signalization 1998 TRAFFIC SIGNALIZATION PROGRAM (PHASE II). (District IV) Agenda Report No. 98-372. The 1998 Capital Improvement Program includes a project to upgrade existing traffic signals and install new signals at major street intersections (CIP No. MS-238001, page 83). On February 24, 1998, the City Council authorized the improvement of signalization at four intersections in the Central Business District. Traffic Engineering staff has since completed a study that determined that traffic signals are warranted at the intersection of 31st Street South and West Street. The intersection of 31st Street South and West Street is currently controlled by stop signs. There has been a number of accidents caused by drivers running the stop signs and hitting oncoming vehicles at a right angle. The estimated cost to signalize the 31st Street South/West Street intersection is $80,000. Funding is available from under-expenditures in the South Broadway Viaduct project. The funding source is General Obligation Bonds. Motion -- Knight moved that the project be approved; the Ordinance be placed on first reading; and the Staff Screening and Selection Committee be authorized to select a design engineer; and the Mayor be authorized to sign the necessary contracts. -- carried Motion carried 7 to 0. ORDINANCE An Ordinance authorizing traffic signal installation at the 31st Street South/West Street intersection; declaring the necessity of and authorizing certain improvements; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, introduced and under the rules laid over. PROPERTY ACQUISITION PROPERTY ACQUISITION - PORTION OF PROPERTY LOCATED AT 3219 WEST CENTRAL (TRACT #6) FOR THE CENTRAL AVENUE IMPROVEMENT PROJECT FROM WEST STREET TO MCLEAN BOULEVARD. (District IV) Agenda Report No. 98-373. The Central Avenue Improvement Project from West Street to McLean Boulevard, approved by City Council on September 17, 1996, requires the acquisition of fifteen partial tracts along Central Avenue. One of these tracts includes Tract #6 which is owned by the Labor Temple Association. The subject tract contains approximately 112.50 square feet and will not affect any improvement on the remaining property. Due to the small size of the taking, the value of the tract is minimal. Market studies of the area indicate a value of $4.00 per square foot or $450. The property owner has agreed to sell the property to the City for this amount. The 1996 Capital Improvement Program includes $50,000 to acquire the necessary right of way for the project along Central. The funding source is General Obligation Bonds. The budget of $500 includes $450 for the acquisition and $50 for closing costs. The prior approved budget was $35,760. The $500 would increase the total expenditures to date to $36,260. This is the ninth property acquisition for the project, leaving six properties to be acquired through negotiations or eminent domain. Motion -- Knight moved that the budget and the Contract be approved; and the Mayor be -- carried authorized to sign the necessary documents. PROPERTY ACQUISITION - PORTION OF PROPERTY LOCATED AT 3107 WEST CENTRAL (TRACT #8) FOR THE CENTRAL AVENUE IMPROVEMENT PROJECT FROM WEST STREET TO MCLEAN BOULEVARD. (District IV) Agenda Report No. 98-374. The Central Avenue Improvement Project from West Street to McLean Boulevard, approved by City Council on September 17, 1996, requires the acquisition of fifteen partial tracts along Central Avenue. One of these tracts includes Tract #8 which is owned by Daniel W. And Betty L. Miller. The subject tract contains approximately 112.50 square feet and will require the loss of the use of one and one half parking spaces, but will not affect any improvement on the remaining property. Due to the small size of the taking, the value of the tract is minimal. Market studies of the area indicate a value of $4.00 per square foot or $450. An extra $270 has been added as compensation for the loss of parking space. The property owner has agreed to sell the property to the City for the total of $720. The 1996 Capital Improvement Program includes $50,000 to acquire the necessary right of way for the project along Central. The funding source is General Obligation Bonds. The budget of $970 includes $720 for the acquisition and $250 for closing costs. The prior approved budget was $36,260. The $970 would increase the total expenditures to date to $37,230. This is the tenth property acquisition for the project, leaving five properties to be acquired through negotiations or eminent domain. Motion -- Knight moved that the budget and the Contract be approved; and the Mayor be -- carried authorized to sign the necessary documents. ORDINANCES SECOND READING ORDINANCES. (First read April 21, 1998) a. Parking in Handicapped Spaces. (Snap-It Program) ORDINANCE NO. 43-873 An Ordinance amending Section 11.52.020 of the Code of the City of Wichita, Kansas, pertaining to unlawful parking, 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. b. Automated Records Interface System. (Police Department and Municipal Court) ORDINANCE NO. 43-874 An Ordinance determining the necessity for updating the City's existing public safety computer system by acquiring client-server technology and providing that the cost of said acquisition shall be paid by the City of Wichita, Kansas, at large through the issuance of general obligation bonds of the City of Wichita, Kansas, under the authority vested in the City under Article 12 of the Constitution of the State of Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. c. Eminent Domain - Central Avenue Improvement Project from West Street to Mclean Boulevard. ORDINANCE NO. 43-875 An Ordinance providing for the acquisition by eminent domain of certain private property, easements, and right-of-way therein, for the purpose of improving Central Avenue from West Street to McLean Boulevard and to be known as the Central Avenue improvement project in the City of Wichita, Sedgwick County, Kansas; designating the lands required for such purposes and directing the City Attorney to file a petition in the District Court of Sedgwick County, Kansas, for acquisition of the lands and easements therein taken and providing for payment of the cost thereof, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ADDENDUM ITEM 32 RIVERVIEW WATER APPLICATION FOR FINANCIAL ASSISTANCE FROM ENVIRONMENTAL PROTECTION AGENCY FOR RIVERVIEW WATER CONNECTIONS. Agenda Report. In response to petitions from area residents, the City is extending municipal water into the Riverview area bordered by Interstate Highway 235, 53rd Street North, Arkansas Avenue, and the Arkansas River. Since the groundwater supplying private wells in this area contains concentrations of vinyl chloride that exceed water quality regulations, EPA has the capability of choosing to pay the water connection fees and plumbing costs for properties in the area of contaminated groundwater. The EPA's remedial action plans will not be finalized until the conclusion of EPA's public hearing and comment process for the 57th & North Broadway Superfund Site and the issuance of a "Record of Decision" that selects a public water supply alternative as part of the interim remediation actions. Staff recommends that the City proceed to file an application for Financial Assistance for the payment of water connection fees and plumbing costs by the EPA on behalf of the "affected parties." EPA will define which properties will be assisted in its "Record of Decision." This early application by the City will help ensure that timely action can be taken in providing connections for the affected residents of this area because time will not be lost in filing an application for assistance after the "Record of Decision" is issued. Furthermore, the City's Water & Sewer Department will be able to control the process of connecting properties to the public water system. This is in contrast to a process wherein the EPA, or its contractor(s), would be attempting to coordinate such efforts. In order to expedite service to the customers in the area by minimizing the length of time required to complete the application, staff recommends that the City Council authorize the Director of Water and Sewer to sign the application on behalf of the City as soon as the document is complete and approved by the Law Department. Staff also recommends that the Director be authorized to sign the associated contractual documents on behalf of the City, if financial assistance is approved and offered by EPA. Upon approval of the application, the City will be asked to enter into a cooperative agreement with EPA which will set forth the requirements for the receipt and use of the federal funds on the project. The City will also be asked to enter into a three-party contract for remedial action with EPA and Kansas Department of Health and Environment to outline the scope of work and responsibilities of each party on the project. Based on water analysis results, the City believes EPA will determine that about 60 properties will be eligible for assistance. Tap fees and plant equity fees for this number of properties total $76,200. Plumbing costs (providing a line from the City's meter to the house and disconnecting the private well) are estimated at $108,000. EPA reimbursement will benefit customers at eligible properties. If EPA assistance does not materialize, the City will receive tap and plant equity fees from these customers and they will pay their own plumbing costs. Any customer who has paid tap and equity fees to the City in advance of the City receiving EPA financial assistance, and whose fees are paid by EPA, will be refunded by the City. David Warren Director of Water and Sewer explained that there were provisions for filing for additional assistance if the area of contamination expanded. Motion -- Knight moved the Director of Water and Sewer be authorized to sign the application for financial assistance and associated contracts with EPA. Motion -- carried carried 7 to 0. RECESS The City Council recessed at 9:32 a.m. to a Workshop Session on the Planeview Water and Sewer Plan and Pre-Budget - Financial Plan, and reconvened in regular session at 10:40 a.m. EXECUTIVE SESSION Motion -- Knight moved that the Council recess to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to pending litigation and legal advice and the regular meeting be resumed at 11:05 a.m. in the City Council Chambers. Motion carried -- carried 7 to 0. RECESS Council recessed at 10:41 a.m. and reconvened in regular session at 11:20 a.m. Mayor Knight Mayor Knight announced that no action was necessary as a result of the executive session. RECESS The City Council recessed at 11:21 a.m. and reconvened in regular session at 7:00 p.m. at the New Life Christian Church, 11441 East Central. (Council Members Ferris, Gale; absent) NEW BUSINESS A 98-1 A 98-1 - ANNEXATION OF PROPERTIES LOCATED BETWEEN GREENWICH ROAD AND 127TH STREET EAST ON THE NORTH AND SOUTH SIDES OF CENTRAL. (District II) Marvin Krout Director of Planning reviewed the Item. Agenda Report. This action involves the unilateral annexation of certain unplatted properties adjoining Wichita's current eastern city boundary. Approximately 6 months ago, properties in the Gilder's Gardens, Gott, Brown and Cummin, Gilder's Replat and White's Replat additions, to the south and east of this proposed annexation, were approved for unilateral annexation by the City Council. That occurred on November 4, 1997, and the annexation became effective on November 28, 1997. This is a second unilateral annexation in this vicinity. This annexation will bring into the City properties that were not eligible before because they were not platted. As unplatted properties, they needed to be touching the city limits in order to be annexed last November. With the annexation of those subdivisions, mentioned above having been completed, the unplatted land is now eligible. Therefore, the City of Wichita is proceeding with the annexation of these remaining properties. At a later date, the City will seek to annex, in a third unilateral action, two remaining unplatted tracts which presently do not adjoin the city's boundary. The land proposed for annexation is shown in (Attachment No. 1). Other properties in nearby subdivisions that had annexation petitions on file, i.e., Balthrop Farm (Preston Trails), White Tail, Cobblestone (and minor replats within) and Rocky Creek, have recently been brought into the City of Wichita. The annexation of these subdivisions became final upon publication of the ordinance on February 13, 1998. An information meeting in the neighborhood was held on April 21, 1998. Five residents were present and expressed concerns regarding the Four Mile Creek sewer district assessments, area drainage, utilities and street lights, code and law enforcement, home businesses, and animals. While staff responded to all questions, many dealt with Sedgwick County actions taken in the past and were outside of Wichita's jurisdiction. Several of those in attendance did not favor annexation. Two months ago, a resolution which expressed the City of Wichita's interest in annexing these eligible properties, and which established a public hearing date for April 28, 1998 at 7:00 p.m. at the New Life Christian Church, 11441 East Central, Wichita, Kansas was passed. The annexation involves 90 acres. The annexation eliminates pockets of unincorporated land among residential lots in the City of Wichita. The annexation will create a more easily recognizable and harmonious boundary for the City's east side. This, in turn, provides for greater clarity as to responsibilities for providing governmental services. The area is widely recognized as in the path of Wichita's future growth and additional annexations are expected in the future. Of the 21 parcels to be annexed, 17 have single family homes and 2 have mobile homes on them. One is vacant and one is used for agriculture. Regarding zoning, 19 are zoned for residential use (SF-20). Two have commercial zoning: at the southeast corner of Central and Greenwich and at the southwest corner of 127th St East and Central. Seventeen property owners are involved. The land is expected to be used in accordance with the established zoning. The Comprehensive Plan concurs with the residential uses and commercial zoning that are presently in place. The annexation of these properties will not result in any extraordinary expenses for the City of Wichita. The City's typical municipal services will be extended to these residents upon annexation. The properties are eligible for annexation under the annexation laws of the state (K.S.A.12-519 et seq).. The plan for the extension of municipal services to the proposed annexation has been on file for public inspection in the City Clerk's office since February 24, 1998. Mayor Knight Mayor Knight inquired if anyone wished to be heard. R. W. Hayden R. W. Hayden, 11811 East Central, said he had concluded this area will be annexed although he did not want to be annexed. Mr. Hayden expressed concern with regard to the considerable expense he had incurred having special power poles installed so he would not have poles located on his property. With the widening of Central, power poles with transformers are shown on the drawing. Mr. Hayden said he had conversations with KGE, City, and County personnel and had not received the help he needs. KGE representatives have said KGE requires a letter from "a person in charge" of the project and no one seems to be in charge. Chris Cherches City Manager stated that he would get in contact with Mr. Hayden the first of next week and try to help bring resolution to this problem. R. W. Hayden R. W. Hayden also said he was concerned about water run-off damage to his and Mr. Kuykendall's property. His property used to drain into a pond with a dam which filled up and emptied into 4-mile Creek. With the new construction in the area, elimination of the pond and elimination of the natural run-off, the water now comes within 3 inches of the floor of his house. The designed 4 x 6 culvert will not take care of the water problem. Steve Lackey Director of Public Works said he would discuss the problem with the County and try to address the problem. Walt Kuykendall Walt Kuykendall, owner of the property at 11629 East Central, expressed concern regarding the drainage. Mr. Kuykendall said the City is taking on a lot by annexing. The City is not budgeting enough for police coverage of new areas. The new people hired in the Police Department are for community policing - not beat coverage. Mr. Kuykendall also stated that City water rates are going up. Mayor Knight Mayor Knight said the water rates will still probably be the cheapest rates in the State. Mayor Knight explained that there are many city benefits used by those living on the periphery of the city without sharing the burden for those benefits. It is hoped that there will be less duplication and more cooperation regarding taxing jurisdictions. R. W. Hayden R. W. Hayden stated that he had contacted the fire station with regard to a burn permit and had been told that the fire department had received a fax or e-mail notifying them that there was no longer a first responder agreement and they could no longer respond to a county fire. Ron Blackwell Fire Department said that if there is a fire, both fire departments are going to respond as fast as possible. Motion -- Knight moved that the annexation request be approved and the annexation -- carried Ordinance be placed on first reading. Motion carried 5 to 0. (Ferris, Gale; absent) ORDINANCE An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, introduced and under the rules laid over. A-98-1 ADJOURNMENT The City Council meeting adjourned at 7:32 p.m. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 165 APRIL 28, 1998 Page 1