MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, June 9, 1998 Tuesday, 9:00 A.M. The City Council met in regular session with Mayor Knight in the Chair; Council Members Cole, Ferris, Lambke, Rogers; present. *Council Members Gale, Kamen; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. *Council Member Kamen present. The invocation was given by Rev. Tom Harder, Associate Pastor of Lorraine Avenue Mennonite 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 2, 1998, were -- approved approved 6 to 0. (Gale absent.) OFF AGENDA ITEM DESECRATION OF A HOUSE OF WORSHIP. Motion -- Knight moved that the rules be set aside and an Item be taken up off the Agenda. -- carried Motion carried 6 to 0. (Gale absent) Mayor Knight Mayor Knight said that this past weekend, in Wichita, a house of worship was desecrated. There should be a unified voice of condemnation toward those who did the desecration. The City supports religious expressions of all faiths. Tenderness and sensitivity should be expressed to the people the desecration was directed against. *Council Member Gale present. Motion -- Knight moved that the City Manager and Director of Law be asked to suggest -- carried language to strengthen the penalties for the offense. Motion carried 7 to 0. UNFINISHED BUSINESS FIRE VEHICLES DISPOSAL OF FIRE VEHICLES. Continued from June 2, 1998. Chris Cherches City Manager reviewed the Item. Agenda Report No. 98-496. As a result of the City's equipment replacement program, there are four surplus fire vehicles ready for disposal. Following past City Council direction, proposals were solicited from 91 Kansas communities for these vehicles; one bid was submitted for two of the vehicles for $100 each. It is proposed to donate two fire vehicles to Wichita's Sister City Tlalnepantla, Mexico. In 1996, the City donated two fire vehicles to Cancun, Mexico, as part of the Sister Cities relationship, and one to Sedgwick County's Emergency Management Program. Because of the lack of acceptable bids for the surplus fire vehicles this year, it is proposed that these be made available to the City of Tlalnepantla. Under this arrangement, Tlalnepantla will cover all shipping costs. Staff has offered to provide training assistance as part of the Sister City's exchange program on the use and maintenance of these vehicles. The surplus fire vehicles have been replaced in the fleet. No trade-in allowance was granted. Since no acceptable bids were received for the four vehicles, these will be written off and donated. Motion -- Kamen moved that the four vehicles be sold/donated; and that two be donated to -- carried the City of Tlalnepantla, Mexico. Motion carried 7 to 0. PROPERTY DISPOSITION REQUEST TO PURCHASE PROPERTY - 27TH AND HILLSIDE. (District I) On June 2, 1998, the City Council referred this matter to the Park Board for reconsideration. Council Member Rogers Council Member Rogers reviewed the recommendation of the Park Board that none of the Park land be sold. Council Member Rogers said the Charter Ordinance that sets the process in motion needs to be reconsidered. The elected body is responsible for making decisions and should have authority over the land. The Park Board had an on-site visit and then inappropriately discussed how to vote when the Board knew a meeting was going to be held. The Park Board even proclaimed in advance in the paper how it was going to vote. The City Council encourages economic development from outside of the City in an open and fair manner. This project, if it had been an organization setting up a new business, would have been looked at and approved. Land is not a higher priority than jobs. The evaluation of the project was short-sighted and the decision was not good. The project deserves greater consideration. Council Member Ferris Council Member Ferris explained that, originally, the Park Board was in control of all park land and an evaluation was done on how to bring the Park Board into the City. The City could have assumed control but the City Council was fearful that it might be detrimental to future land donations for park use. The Charter Ordinance, as written, is good. It is hoped the City Council will not change the Charter Ordinance. Council Member Cole Council Member Cole expressed regret about the process and hope that a way could be found to keep this type of thing from happening again. Council Member Kamen Council Member Kamen stated that the Charter Ordinance has worked well up to this point. Mayor Knight Mayor Knight spoke in support of Council Member Rogers and said this was a lost opportunity. No further action was taken. NEW BUSINESS PUBLIC HOUSING PUBLIC HOUSING HOME OWNERSHIP PLAN IMPLEMENTING AGREEMENT. Tom Smith Grants in Aid Coordinator reviewed the Item. Agenda Report No. 98-183 A. One of the City Council's long-standing goals is to expand home ownership opportunities by the use of public housing units. With the passage of legislation by Congress, cities are now able to sell public housing units to eligible low and moderate income families. This legislation is formalized in the U.S. Department of Housing and Urban Development (HUD) Section 5(h) regulations. On March 17, 1998, the City Council approved the City's Public Housing Section 5(h) Home Ownership Plan and authorized submission of the plan to HUD. Previously (in 1997), the City Council endorsed the concept and authorized Staff to develop a home ownership plan for the City. At its May 21, 1998, meeting, the Housing Advisory Board reviewed and approved the proposed Home Ownership Program. On May 12, 1998, HUD approved the City's proposed Public Housing Home Ownership Plan and transmitted an Implementing Agreement. The Implementing Agreement must be executed between the City and HUD to proceed with the approved plan. The proposed Public Housing Home Ownership Plan will be a pilot program which would make 100 (of the 350 single-family Public Housing units) available for purchase by exiting public housing tenants and other eligible low and moderate income persons. Current public housing tenants will be provided the first opportunity to purchase a home, or be relocated to another public housing (or Section 8) unit where the tenant has agreed to relocate. Housing units will then be offered to Section 8 residents, persons on the Public Housing and Section 8 housing waiting lists and then to other low and moderate income persons. Sale proceeds will recover program costs (including loans for second mortgages); loan loss reserve (to cover possible defaults); and the Housing Partnership Fund. Execution of the Implementing Agreement with HUD will enable the City to proceed with the approved plan. Review by City and HUD legal staffs may result in minor modifications to the document that could be approved by the City Attorney without requiring additional approval by the City Council. Any substantive changes to the Implementing Agreement will require Council approval. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Rogers moved that the Agreement be approved, subject to necessary minor modifications approved by the City Attorney, and the Mayor be authorized to -- carried sign. Motion carried 7 to 0. NEIGHBORHOOD COURT AMENDMENTS TO THE NEIGHBORHOOD COURT ORDINANCE. Gary Rebenstorf Director of Law reviewed the Item. Agenda Report No. 98-508. Over the past several months, the municipal court judges and staff from the Municipal Court and the Law Department have conducted meetings to develop a plan to streamline municipal court procedures. As a result of these meetings, a new scheduling plan for municipal court dockets has been devised. In order for the plan to be implemented, changes were necessary in the Neighborhood Court Ordinance which would allow all municipal court judges to be rotated to handle each of the dockets, including Neighborhood Court Dockets. The proposed amendments delete references in the ordinance to specific times and places in which the Neighborhood Court Dockets will be held. The Neighborhood Court Judge will have the authority to preside over other municipal court dockets, rather than limiting this position to hearing only dockets which are held in the evenings at the substations. The amendments also allow the administrative judge greater flexibility in assigning judges to hear cases. It allows any municipal court judge to be assigned to hear Neighborhood Court cases. This amendment may also reduce the number of pro tem judges necessary to preside over municipal court dockets. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Rogers moved that the ordinance be placed on first reading. Motion carried -- carried 7 to 0. ORDINANCE An Ordinance amending Section 1.04.150 of the Code of the City of Wichita, Kansas, pertaining to the Neighborhood Municipal Court Judge, and repealing the original of said Section, introduced and under the rules laid over. (This was a time certain Item and was taken up at 11:00 a.m.; action is shown in (Item No. 5) agenda order.) CONDEMNATIONS REPAIR OR REMOVAL OF DANGEROUS AND UNSAFE STRUCTURES. Deb Legge Office of Central Inspection reviewed the Item. Agenda Report No. 98-357 A. On April 21, 1998, a report was submitted with respect to the dangerous and unsafe conditions of the buildings located on these properties. The Council adopted a resolution providing for a public hearing to be held on these condemnation actions at 11:00 a.m. on June 9, 1998. On April 6, 1998, the Board of Code Standards and Appeals (BCSA) held hearings on the following properties: Property Address Council District 1. 418 ½ N. Meridian 4 2. 1835 S. Ida 3 Pursuant to State Statute the Resolutions were duly published twice on April 22, 1998 and April 29, 1998. A copy of each resolution was sent by certified mail or given personal service delivery to the owners and lien holders of record of each described property. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the public hearing be closed, the resolutions declaring the building(s) dangerous and unsafe structures be adopted, the staff recommended time frame to alleviate the findings be approved and any extensions of time granted to repair the structures would be conditioned on the following: (1) any back taxes now due are to be paid and taxes kept current, (2) the structures are to be kept secured, and (3) the premises are to be kept mowed and free of debris; if any of these conditions are not met, staff is directed to proceed to let for bids to demolish the structure; and the City Clerk be instructed to have the Resolutions published once in the official city paper and advise the owners of -- carried these findings. Motion carried 7 to 0. RESOLUTION NO. R-98-233 A Resolution finding that the structure located on Lots 7 and 8, on Meridian Avenue, Kirkpatrick's Addition to Wichita, Sedgwick County, Kansas, commonly known as 418 1/2 North Meridian, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-234 A Resolution finding that the structure located on Lots 125 and 127, on Ida Avenue, Randon & Kay's Third Addition to Wichita, Sedgwick County, Kansas, commonly known as 1835 South Ida, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. CITY COUNCIL AGENDA (Item No. 6) (This Item was taken up later in the meeting. Action is shown in Agenda Order.) ADMINISTRATIVE JUDGE APPOINTMENT OF ADMINISTRATIVE JUDGE. Motion -- Rogers moved that the City Council appoint the Administrative Judge of the Wichita Municipal Court annually for a term to expire the third Monday of each April and that such appointment shall be at the discretion of the City Council. -- carried Motion carried 7 to 0. Motion -- Rogers moved that Julie Wright Connolly be appointed as the Administrative Judge of the Wichita Municipal Court, who shall serve at the pleasure of the City Council effective as of June 15, 1998, and to expire the third Monday of April, 1999; that the appointment as administrative judge be subject to and conditioned upon execution of the Municipal Court Administrative Judge Agreement by the appointee and the City; and that the necessary amendments of appropriate judge agreements be authorized and the Mayor be authorized to sign. Motion carried -- carried 7 to 0. COUNCIL PROCEDURES DISCUSSION OF CITY COUNCIL PROCEDURES. (Requested by Council Member Rogers) Council Member Rogers Council Member Rogers stated that he had requested that an item be deferred in his absence from a previous meeting. The Item was not deferred and Council Member Rogers questioned the procedure the Council is going to follow on deferrals. Council Member Ferris Council Member Ferris explained that, in the instance in question, other Council Members who also had a concern with regard to the Item were also going to be absent in subsequent weeks and deferral until all could be present would have been too long. As a general rule, the Council tries to comply with deferral requests except in cases of extenuating circumstances. Council Member Rogers Council Member Rogers said legitimate, documentable reasons should be reasons to allow deferrals. Council Member Kamen Council Member Kamen that if an Item is in District II, he asks Staff if there is a problem if a deferral is requested. In the instance in question, Council Member Rogers wanted the Item to be deferred but others also had an interest in the Item and wanted to be present for discussion. Council Member Ferris momentarily absent. Mayor Knight Mayor Knight stated that the Mayor's request for deferral should also be important and should weigh in the deferral process. Council Member Ferris Council Member Ferris said it is hard to determine a "legitimate" reason. The public has a right to expect quick decisions on the part of the City Council, if possible. It is reasonable to expect an Item will be deferred when requested unless a majority of the Council wishes otherwise. Council Member Rogers Council Member Rogers stated that when two people are away by necessity and have requested deferral, the request ought to be honored. 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 (Cole) Human Services Board (Council at large) Wichita Athletic Commission (3 appointments - Council at large) Wichita Commission on the Status of Women (2-Lambke) Wichita Transit Advisory Board (Rogers) Motion -- Kamen appointed Jeanette Judd (Traffic Commission) and moved that the appointment -- carried be approved. Motion carried 7 to 0. NOTICE OF VACANCY - POLICE & FIRE RETIREMENT BOARD OF TRUSTEES. One vacancy (Rogers), due to the resignation of Randy Haydon, for a term expiring June 30, 1999. Appointment will be made June 23, 1998. NOTICE OF VACANCY - SISTER CITIES ADVISORY BOARD. One vacancy (Cole), due to the resignation of Alice Schad, for a term expiring June 30, 1999. Appointment will be made June 23, 1998. CONSENT AGENDA Knight moved that the Consent Agenda be approved in accordance with the recommended action shown thereon. Motion carried 7 to 0. BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED JUNE 8, 1998. At 10:00 a.m., Friday, June 5, 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 June 8, 1998) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: Sewers, Paving and Water Mains as per specifications Main 2, CIS (Auburn Hills 2nd, 3rd, 4th, and 5th Additions and Unplatted Tracts A through J) (468-82838/743500) Nowak Construction - $412,550.00 Knight moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign for the City. Motion carried 7 to 0. WICHITA TRANSIT AUTHORITY: Lease of Transit Mileage Tires (160002) Bridgestone/Firestone, Inc. Base Rate Per Mile: Item 1 - $ .003 Per Tire Item 2 - .003 Per Tire Item 3 - .003 Per Tire Item 4 - .0042 Per Tire Item 5 - .0042 Per Tire Item 6 - .0042 Per Tire Option 1 - $15.75 Per Hour (Subject to approval of contract terms and conditions by WTA) WATER AND SEWER DEPARTMENT/SEWAGE TREATMENT DIVISION: City Hall 13th Floor Idea Center HVAC (791020) American Mechanical, Inc. - $25,000.00 (Negotiated to Engineer's Estimate of Base Bid & Deduct Alternate 1 & 2) VARIOUS DEPARTMENTS: Elevator Maintenance (130599) Dover Elevator Company Group 1 - $ 305.00 Per Month Group II - $ 370.00 Per Month Group III - $ 1,020.00 Per Month Group IV - $ 170.00 Per Month Group V - $ 255.00 Per Month Group VI - $ 255.00 Per Month Group VII - $ 510.00 Per Month Group VIII - $ 1,665.00 Per Month Group IX - $ 85.00 Per Month Group X - $ 370.00 Per Month Group XI - $ 370.00 Per Month Group XII - $ 85.00 Per Month Group XIII - $ 85.00 Per Month Add Alternate #1 - $ 4,294.00 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) Don C. Norton La Chinita Mex* 1451 North Broadway (Consumption off Premises) Robert J. Bales Moo to You, Inc. 1401 North Mosley dba Klepper Korner Store *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. Rehabilitating the 37th Street North Bridge at the Little Arkansas River (Big Ditch) (east of Meridian, north of 37th Street North). (472-82736/715409/ 415- 054) Street to be closed to traffic. (Council approval date 06-02-98) (District VI) b. Mascot from 27th Street North to 29th Street North Gould Gardens (west of Arkansas, south of 29th Street North). (472-82861/764530/490-556) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 09-09-97) (District VI) c. Meridian from the north line of 25th Street North to the south line of Halstead, Northwest Heights Addition (Meridian, north of 25th Street North). (472-82876/ 764589/490-561) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 10-07-97) (District VI) d. 26th Street North from 218.75 feet west of Clarence to the west line of Clarence. (472-82887/764662/490-568) Does not affect existing traffic. (Council approval date 11-18-97) (District VI) e. Baker Street from 11th Street North to 13th Street North, R.A. Morris Gardens, et. al. (south of 13th west of West Street). (472-82905/764787/490- 580) Does not affect existing traffic. (Council approval date 02-24-98) (District V) f. 1998 Sanitary Sewer Rehabilitation Program, Phase D (north of Central, west of Hillside). (468-82851/620088/533-360) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 01-06-98) (Districts I, IV AND VI) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., June 19, 1998. Motion carried 7 to 0. SUBDIVISION PLANS AND SPECIFICATIONS. a. Rita from the east line of Lark to the east line of Lot 12, Block 1; Rita Ct. (Lots 1-12, Block 1) from the north line of Rita to and including cul-de- sac; and Rita Ct. (Lots 1-6, Block 2) from the south line of Rita to and including cul-de-sac to serve Lindsay's Orchard Addition (north of Pawnee, west of Maize). (472-82908/764910/490593) Does not affect existing traffic. (Council approval date 2-10-98) (District 5) b. Lateral 400, Southwest Interceptor Sewer to serve Ridge Port Addition (east of Ridge, north of 29th St. North). (468-82840/743534/480444) Does not affect existing traffic. (Council approval date 5-19-98) (District 5) c. Phase II of Storm Water Drain 133 and Paving Keith from the south line of Lot 42, Block 1, north to the south line of 29th Street North; and on Brookridge from the south corner of Lot 3, Block 2, north to the west line of Keith; and on Wedgewood from the east line of Keith, east to the northeast corner of Lot 41, Block 3; Keith Courts adjacent to Lots 35 through 42, Block 1, Lots 45 through 51, Block 3, Lots 1 through 8, Block 4 on Wedgewood Court adjacent to Lots 9 through 15, Block 4 on Brookridge Court adjacent to Lots 30 through 33, Block 1 on Brookridge Court adjacent to Lots 11 through 24, Block 1; on Brookridge Court adjacent to Lots 1 through 7, Bolock 1 of said addition. Sidewalk to be installed along one side of Keith along the east line of Reserve A, along the west line of Reserve C, along one side of Wedgewood, along one side of Brookridge, and within Reserve D to serve Bradford North Addition (west of Tyler, south of 29th Street North). (468-82780 & 472- 82681/751099 & 764605/485144 & 490563) Does not affect existing traffic. (Council approval date 12-16-97/2-13-96) (District 5) d. 1998 Sewer Reconstruction Program, Phase II (Mosley, Murdock to 11th). (468- 82825/620039/533355) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 6-9-98) (District 1) 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 19, 1998. Motion carried 7 to 0. a. (Amended) Paving Keith from the south line of Lot 42, Block 1, north to the south line of 29th Street North; and on Brookridge from the south corner of Lot 3, Block 2, north to the west line of Keith; and on Wedgewood from the east line of Keith, east to the northeast corner of Lot 41, Block 3; Keith Courts adjacent to Lots 35 through 42, Block 1, Lots 45 through 51, Block 3, Lots 1 through 8, Block 4 on Wedgewood Court adjacent to Lots 9 through 15, Block 4 on Brookridge Court adjacent to Lots 30 through 33, Block 1 on Brookridge Court adjacent to Lots 11 through 24, Block 1; on Brookridge Court adjacent to Lots 1 through 7, Bolock 1 of said addition. Sidewalk to be installed along one side of Keith along the east line of Reserve A, along the west line of Reserve C, along one side of Wedgewood, along one side of Brookridge, and within Reserve D to serve Bradford North Addition (west of Tyler, south of 29th Street North). (472-82681/764605/490563) Does not affect existing traffic. (Council approval date 2-13-96) (District 5) b. (Amended) Storm Water Drain $133 to serve Bradford North Addition (west of Tyler, south of 29th Street North). (468-82780/751099/485144) Does not affect existing traffic. (Council approval date 2-16-97) (District 5) Motion -- Knight moved that the plans and specifications be approved (not to be -- carried advertised). Motion carried 7 to 0. PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. Lateral 132, War Industries Sewer to serve Turtle Run Third Addition (south of Pawnee, west of Webb). (468-82589/743443/480-435) Does not affect existing traffic. (Council approval date 4-2-96) (District II) - $94,000 b. Storm Water Drain #130 to serve Wilson Farms Addition (south of 21st Street, east of Rock Road). (468-82739/751024/485-138) Does not affect existing traffic. (Council approval date 7-1-97) (District II); - $658,050 c. Storm Water Drain #131 to serve Wilson Farms Addition (south of 21st Street, east of Rock Road). (468-82740/751065/485-141) Does not affect existing traffic. (Council approval date 7-1-97) (District II) - $43,335 d. Storm Water Drain #134 to serve Bradley Fair Third Addition (east of Rock Road, south of 21st Street). (468-82786/751115/485-146) Does not affect existing traffic. (Council approval 11-25-97) (District II) - $195,700 e. 50th Street South from the east line of Stonebriar Addition, west to the east line of Mt. Carmel; Mt. Carmel from the west line of 50th Street South, south to the south line of Lot 36, Block 1; and on Custer, from the south line of 50th Street South, south to the south line of Lot 3, Block 3; Custer Circle from the north line of 50th Street South, north to and including the cul-de- sac; and sidewalk along the south side of 50th Street South, the west side of Mt. Carmel to serve Stonebriar Addition (west of Meridian, south of 47th Street South). (472-82766/764845/490-586) Does not affect existing traffic. (Council approval date 3-24-98) (District IV) - $235,000 f. Reconstructing a portion of Main 3, War Industries Sewer in Fabrique (north of Mt. Vernon, west of Woodlawn). (468-82785/623314/533-323) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 1-6-98) (District III) - $241,056 Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 7 to 0. STATEMENTS OF COST STATEMENTS OF COST. a. Deleted (previously listed in June 2, 1998, Minutes. (472-82588/706184/405- 172) b. (Amended/Final) Improving Rock Road from 43rd to 45th Streets North. Total Cost - $129,574.00 (plus idle fund interest - $1,996.00; plus temporary notes - $420.00; less financing previously issued - $100,000.00). Financing to be issued at this time - $31,990.00 (472-82700/706465/405-200) c. (Amended) Improving 37th Street North to serve Toben Second Addition from the east line of Toben Street to the west line of Webb Road - $308,492.60 (idle fund interest - $5,280.32; estimated temporary note financing - $5,464.88) (472-81373/763433/490-446) Motion -- Knight moved that the Statements of Cost be approved and filed. Motion -- carried carried 7 to 0. WATER SUPPLY LINE PETITION FOR WATER SUPPLY LINE TO SERVE REECE FARMS ESTATES ADDITION (SOUTH OF MAPLE, WEST OF 151ST STREET WEST). (District V) Agenda Report No. 98-509. On April 14, 1998, the City Council approved a Petition to extend City water service to Reece Farms Estates. A new Petition has been submitted to expand the scope of the project to include a water supply line along Maple Street, east of 151st Street West. The Petition has been signed by one owner representing 100% of the improvement district. The project will serve a new development of single-family homes. The estimated project cost is $788,000, with $50,000 assessed to the improvement district and $738,000 by the Water Utility. The Utility share is for the cost of additional pipe to serve future development outside of the improvement district. Motion -- Knight moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-98-235 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89240 (south of Maple, west of 151st Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. BOARDS MINUTES MINUTES OF ADVISORY BOARDS. Alternative Correctional Housing Advisory Board, 4-23-98 CPO Southwest Council 4, 5-28-98 CPO Northwest Council 5, 5-27-98 CPO North Central Council 6, 5-27-98 Police & Fire Retirement System of Wichita, KS, 4-22-98 Wichita Employee's Retirement System, 4-22-98 Wichita Transit Advisory Board, 4-25-98 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 7 to 0. STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. There were no street closures/uses considered. GROUP LIFE AGREEMENT - GROUP LIFE INSURANCE. Agenda Report No. 98-510. The City of Wichita provides life insurance benefits to employees and their dependents through the Wichita Municipal Employees Group Life Insurance Plan. The Services of Minnesota Mutual are to assist with the increasing complexity of health reviews for disabilities and late enrollees, to standardize financial and legal issues, and ensure that the insurance benefit is tax free. In addition, terminating employees have the option to convert to an individual policy with Minnesota Mutual. On a monthly basis, the City will pay the fixed-rate premium plus any death claims up to the monthly maximum liability of approximately $45,000. this is a renewal of the current agreement. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. CONSTRUCT OVER EASEMENT AGREEMENT TO PERMIT ENCROACHMENT (ALLEY EAST OF EMPORIA AND NORTH OF THIRD STREET). (District IV) Agenda Report No. 98-511. The owner of a building at the northeast corner of Third St. and Emporia has found that the east facade of the building encroaches into the City's alley a distance of from 1 to 3 and 1/2 inches. The owner is attempting to sell the property to the Adorers of the Blood of Christ of Wichita, Kansas, Inc. and cannot pass good title until the matter of the encroachment is taken care of. The encroachment is minimal and has existed for many years. The City routinely permits these encroachments in the central business district under an agreement in which the owner agrees to indemnify the City from any damage due to the encroachment and the City agrees to permit the encroachment to continue for so long as the building remains in place. There is no cost to the City. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. RESPREAD SPECIALS RESPREAD SPECIAL ASSESSMENTS IN BRADLEY FAIR, SECOND AND THIRD ADDITIONS (SOUTH OF 21ST STREET, EAST OF ROCK ROAD). District II) Agenda Report No. 98-512. The developer, Vantage Point Properties, Inc., owns portions of Bradley Fair 2nd Addition and Bradley Fair 3rd Addition and has submitted an Agreement to respread special assessments within his ownership in the Additions. The land was originally included in numerous improvement districts for a number of public improvement projects. The purpose of the Agreement is to respread special assessments to more fairly distribute the cost of the improvements. There is no cost to the City. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. RAILROAD CROSSING RAILROAD CROSSING AGREEMENT: CENTRAL KANSAS RAILWAY CROSSING AT ST. FRANCIS AND BAYLEY STREETS. (District III) Agenda Report No. 98-513. On January 6, 1998, the City Council approved a project to replace water lines in an area north of Harry, east of Broadway. One of the lines is located in Central Kansas Railway right-of-way at the intersection of St. Francis and Bayley Streets. An Agreement has been prepared which allows the City to construct and maintain the waterline within railroad right-of-way. There is a $500.00 administrative fee. Funding source is the Water Utility. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to execute; and the $500 payment to the Central Kansas Railway be authorized. -- carried Motion carried 7 to 0. RAILROAD CONSULTANT RAILROAD CONSULTANT SUPPLEMENTAL CONTRACT. Agenda Report No. 98-514. On April 1, 1997, the City Council approved an agreement with HNTB Corporation for a preliminary study of a Union Pacific Railroad bypass and/or grade separation. On November 4, 1997, the City Council approved a supplemental agreement to expand the study to investigation grade separation for the BNSF Railroad tracks through Wichita. Supplemental Agreement No. 3 will further expand the study to address: (1) access to industry and business, (2) street closures, (3) right-of-way impacts, and (4) land use issues. Detailed photo images will be prepared. The total for the original contract, Supplemental Agreement No. 1, Supplemental Agreement No. 2, and Supplemental Agreement No. 3 will increase by $176,050 from $277,878 to $453,928. The Supplemental Agreement No. 3 base cost is $164,720, which includes $32,820 for aerial photographic exhibits. In addition, the agreement authorizes 160 hours of right-of-way work if needed, at a cost of $11,330. The funding source for the additional cost is General Fund Reserves. Motion -- Knight moved that the Supp. Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. WATER TRANSMISSION LINE CIP PROJECT W-591 - WATER TRANSMISSION LINE VALVE ACTUATORS. Agenda Report No. 98-515. Water Utility Capital Improvement Plan includes CIP W-591 for installation of actuators on water transmission line valves in 1998. The cost of electric actuators on 27 transmission line valves in vaults, with remote controls on ten of those valves located at the Hess Pump Station, is estimated at $500,000. Staff will install the actuators and contractors will install electric service to each site. Motion -- Knight moved that the Resolution be adopted; the Notice of Intent to Publish be approved; and Staff be authorized to proceed with the project. Motion carried -- carried 7 to 0. RESOLUTION NO. R-98-236 A Resolution declaring the intention to construct, reconstruct, alter, repair, improve, extend, and enlarge the City of Wichita, Kansas, Water and Sewer Utility, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. WATER REVENUE BONDS ISSUANCE OF 1998 WATER AND SEWER REVENUE BONDS. (All Districts) Agenda Report No. 98-516. Various Capital Improvement Program projects have been approved by the City Council in 1998. Under state law, the City is required to adopt a bonding resolution and provide a Notice of Intent to issue Revenue Bonds prior to expenditure of Utility cash reserves for CIP projects. The Resolution and Notice of Intent to Issue Revenue Bonds need to be executed and published. The Resolution and Notice of Intent provide for the issuance of thirty four million two hundred fifty thousand dollars ($34,250,000) in Revenue Bonds for the above projects. Motion -- carried Knight moved that the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-98-237 A Resolution of the City of Wichita, Kansas, declaring it necessary to construct, reconstruct, alter, repair, improve, extend and enlarge the Water and Sewer Utility owned and operated by the city, and to issue revenue bonds in a total principal amount which shall not exceed $34,250,000, for the purpose of paying certain costs thereof, and providing for the giving of notice of such intention in the manner required by law, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. SEWER ALGAE SWEEPS UPGRADE OF ALGAE SWEEPS AT SEWAGE TREATMENT PLANT #2. (All Districts) Agenda Report No. 98-517. In 1992, the Sewage Treatment Division installed algae sweeps on the final clarifiers at Plant #2. With the installation of these, the Division was able to eliminate one laborer position due to decreased work loads. The algae sweeps are utilized to remove algae build-up on the weirs of the final clarifiers located at Sewage Treatment Plant #2. The build up of algae creates several problems. The algae, if allowed to build up, sluffs off and creates process problems downstream in the disinfection process and in the final clarifier which could result in permit excursions. The company which produces the algae sweeps has offered the City an exceptional proposal for the upgrade of the existing equipment which was installed in 1992. The cost of the upgrade will be discounted by fifty (50) percent for the City, if we choose to upgrade the units before 1999. The proposal is for the upgrade of all six (6) of the algae sweeps, which will include all new parts for the units. The upgrade will also include all of the design changes which have been made to the units since they were installed. The Capital Improvement Program (CIP #S-500, Biosolids Management & Treatment Plan) has available funds of $1,800,000 for 1998. The total cost of the upgrade is $36,000, which would be acquired by underexpenditures in #S-500 project. Motion -- Knight moved that the proposal be accepted and the Department be authorized to -- carried proceed with the project. Motion carried 7 to 0. ORDINANCES SECOND READING ORDINANCES. (First Read May 19, 1998) a. Hotel at Old Town. (District VI) Note: This Item will be placed on a future agenda. (Following First Read June 2, 1998) b. Broadway Improvement (Douglas to Central). (District VI) ORDINANCE NO. 43-899 An Ordinance declaring Broadway, from Douglas to Central Avenue (472-82181), to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 1. Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. Nays: Kamen. c. Neighborhood Revitalization Plan. ORDINANCE NO. 43-900 An Ordinance to adopt a Neighborhood Revitalization Plan and designate the areas within the City of Wichita, Kansas, to be included within such plan, and repealing Ordinance No. 43-771 of the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. d. 1998-1999 Bridge Construction Program. (Districts I, II, III, V, and VI) ORDINANCE NO. 43-901 An Ordinance declaring the Mt. Vernon Bridge over Gypsum Creek, 25th Street North Bridge over the West Drain, 37th Street North Bridge over the Little Arkansas River, 119th Street West Bridge over Calfskin Creek, Eastern Street Bridge over Gypsum Creek, Murdock Avenue Bridge over the Drainage Canal (1998- 1999 Bridge Construction Program) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. e. Special Assessments - Sidewalk Construction. ORDINANCE NO. 43-902 An Ordinance making a special assessment to pay for the improvement of and providing a tax levy for the cost of construction of sidewalks in the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. f. Z-3228 - West of Hillside Avenue and North of 31st South. (District I) ORDINANCE NO. 43-903 An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. Z- 3228 g. Z-3270 - North of Kellogg and East of Greenwich. (District V) ORDINANCE NO. 43-904 An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. Z- 3270 h. Z-3191 - Southeast Corner of 135th Street, West and Maple. (District V) ORDINANCE NO. 43-897 An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. Z- 3191 i. Industrial Revenue Bonds - Hayes Co. (District VI) ORDINANCE NO. 43-898 An Ordinance authorizing the City of Wichita, Kansas, to issue its Industrial Revenue Bonds, Series VIII-A, 1998 (The Hayes Company, Inc.) in the aggregate principal amount of $3,300,000 and its Subordinated Taxable Revenue Bonds, Series VIII-B, 1998 (The Hayes Company, Inc.) in the aggregate principal amount of $200,000 for the purpose of acquiring, constructing, and equipping certain improvements to an existing manufacturing facility; prescribing the form and authorizing execution of a second supplemental trust indenture between the City and Commerce Bank, N.A., Wichita, Kansas, as Trustee; prescribing the form and authorizing the execution of a second supplemental lease agreement by and between the City and the Hayes Company, Inc.; prescribing the form and authorizing the execution of a supplemental and amended easement and agreement by and between the City and the Hayes Company, Inc.; approving the form of a second supplemental guaranty agreement between the Hayes Company, Inc., as guarantor, and Commerce Bank, N.A., Wichita, Kansas, as trustee; approving the form of a second supplemental individual guaranty agreement; prescribing the form and authorizing the execution of a bond purchase agreement between the City, the Hayes Company, Inc., and Froggatte and Herndon Capital Corporation as purchaser of the Series VIII-A, 1998 bonds and authorizing the execution of a bond placement agreement by and between the City and the Hayes Company, Inc., as purchaser of the Series VIII-B, 1998 bonds, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. PLANNING AGENDA Marvin Krout Director of Planning stated that Items 27 through 33 could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Knight moved that Planning Agenda Items 27 through 33 be approved as consensus -- carried Items. Motion carried 7 to 0. V-2083 V-2083 - VACATE A PORTION OF UTILITY AND DRAINAGE EASEMENTS LOCATED IN AN AREA WEST OF 151ST STREET AND NORTH OF CENTRAL. Agenda Report No. 98-518. MAPC Recommendation: Approve vacation of utility and drainage easements. Staff Recommendation: Approve vacation of utility and drainage easements. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Knight moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order be recorded with the Register of Deeds. Motion carried -- carried 7 to 0. D-1735 D-1735 - DEDICATION OF UTILITY EASEMENT LOCATED ON THE SOUTHWEST CORNER OF 2ND STREET AND ST. PAUL. (District IV) Agenda Report No. 98-519. MAPC Recommendation: Accept the dedication. As a requirement of an approved Lot Split (L/S 0971), this dedication is being made for the purpose of a sanitary sewer extension. The dedication has been reviewed and approved by the Planning Commission. Motion -- Knight moved that the document be received and filed and the City Clerk be -- carried instructed to record with the Register of Deeds. Motion carried 7 to 0. D-1734 D-1734 - DEDICATION OF ACCESS CONTROLS LOCATED ON THE NORTHWEST CORNER OF 25TH STREET NORTH AND COOLIDGE AVENUE. (District VI) Agenda Report No. 98-520. MAPC Recommendation: Accept the dedication. As a requirement of an approved Lot Split (L/S 0413), this dedication is being made for the purpose of restricting access to 25th Street North. The dedication has been reviewed and approved by the Planning Commission. Motion -- Knight moved that the document be received and filed and the City Clerk be -- carried instructed to record with the Register of Deeds. Motion carried 7 to 0. S/D 97-94 S/D 97-94 - PLAT OF CLARK ESTATES ADDITION LOCATED EAST OF 143RD STREET EAST, SOUTH OF CENTRAL. (District II) Agenda Report No. 98-521. MAPC Recommendation: Approve the plat. Staff Recommendation: Approve the plat. This site is located in the county, within three miles of the City of Wichita's city limits. Water service will be provided by the City of Wichita. An "outside the city service agreement" has been submitted. Sanitary sewer service will be provided by the county's Four-Mile Creek facilities. Petitions, 100%, have been submitted for these two improvements. A Certificate of Petition has also been submitted. A joint access easement has also been submitted. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. Certificates of Petitions dated April 23, 1998, from Gary and Cynthia Clark; and Grant of Joint Access Easement for Lots 1 and 2, Block A, Clark Estates Addition. 100 Percent Petition for construction of Water Distribution System Number 448- 89281 (south of Central, east of 143rd Street East) ($67,000 9 percent S.A., 91 percent Water Utility Improvement Fund) Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 7 to 0. RESOLUTION NO. R-98-238 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89281 (south of Central, east of 143rd Street East) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. DP-23/Z-3273 DP-23 AMENDMENT #14 - CLEAR LAKES, INC. AMENDMENT TO THE MARINA LAKE CUP TO CREATE A NEW PARCEL; AND Z-3273 - ZONE CHANGE REQUEST FROM "SF-6" SINGLE-FAMILY DISTRICT TO "LC" LIGHT COMMERCIAL DISTRICT. (District VI) Agenda Report No. 98-522. MAPC Recommendation: Approve, subject to replatting within 1 year and to conditions. CPO Recommendation: Approve, subject to conditions. Staff Recommendation: Deny rezoning to "LC" but approve zoning for office uses, subject to replatting within 1 year and to conditions Motion -- Knight moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC be approved, subject to the recommended conditions, and the Planning Department be instructed to forward the Ordinance for first reading when the plat is forwarded to the City Council. Motion carried -- carried 7 to 0. DP-50/Z-3275 DP-50 - AMENDMENT #1 MISCO INDUSTRIES, AMENDMENT TO THE CARRIAGE HOUSE CUP; AND Z- 3275 - ZONE CHANGE REQUEST FROM "LC" LIMITED COMMERCIAL AND "SF-6" SINGLE- FAMILY RESIDENTIAL TO "GC" GENERAL COMMERCIAL AND "LC" LIMITED COMMERCIAL ON PROPERTY, LOCATED NORTH OF KELLOGG AND EAST OF TYLER ROAD. (District V) Agenda Report No. 98-523. MAPC Recommendation: Approve zone change; and approve CUP, subject to conditions. CPO Recommendation: Approve, subject to staff comments. Staff Recommendation: Approve zone change; and approve CUP, subject to conditions. Motion -- Knight moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC be approved, subject to the recommended conditions, and the Planning Department be instructed to forward the Ordinance for first reading when the plat is forwarded to the City Council. Motion carried -- carried 7 to 0. Z-3277 Z-3277 - REQUEST ZONE CHANGE FROM "SF-6" SINGLE-FAMILY RESIDENTIAL TO "NR" NEIGHBORHOOD RETAIL LOCATED EAST OF TYLER AND APPROXIMATELY 200 FEET NORTH OF MAPLE, (226 S. TYLER). (District V) Agenda Report No. 98-524. MAPC Recommendation: Approve, subject to platting within 1 year. CPO Recommendation: Approve, subject to staff comments. Staff Recommendation: Approve, subject to platting within 1 year. Motion -- Knight moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC be approved, subject to the recommended conditions, and the Planning Department be instructed to forward the Ordinance for first reading when the plat is forwarded to the City Council. Motion carried -- carried 7 to 0. EXECUTIVE SESSION Motion -- Knight moved that the Council recess to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to pending litigation, legal advice, and contract negotiations; personnel matters of non-elected personnel; and the regular meeting -- carried be resumed at 11:00 a.m. in the City Council Chambers. Motion carried 7 to 0. RECESS Council recessed at 10:07 a.m. and reconvened in regular session at 11:04 a.m. Mayor Knight Mayor Knight announced that no action was necessary as a result of the executive session. (The Council returned to Items 5 and 6; action is shown in Agenda order.) ADJOURNMENT The City Council meeting adjourned at 11:10 a.m. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 166 JUNE 9, 1998