MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, May 23, 1995 Tuesday, 9:00 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cather, Ferris, Gale, Kamen, Rogers; present. Council Member Cole absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Patricia L. Burnett, Deputy City Clerk; present. 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 May 16, 1995, were -- approved approved 6 to 0. (Cole absent) PUBLIC AGENDA PUBLIC COMMENTS COMMENTS BY AL KERSCHEN. Al Kerschen Al Kerschen, 421 S. Forestview, spoke regarding water dammed at Rainbow Lakes West Third Addition, which is causing potential health hazards and flooding problems at 640 S. Forestview. Mr. Kerschen asked that the water be lowered 12 to 15 inches. Council Member Ferris Council Member Ferris requested staff give Council a full report of staff's conversations with Mr. Kerschen and staff's analysis of the problems and possible solutions. UNFINISHED BUSINESS CONSOLIDATED PLAN HUD CONSOLIDATED PLAN. Chris Cherches City Manager reviewed the item. Agenda Report No. 95-170 C. A 30 day comment period has been provided for public input on the draft HUD Consolidated Plan prior to finalizing the plan and submitting it to HUD. The comment period terminates May 23, 1995. A public hearing was also held May 16, 1995, to provide an additional opportunity for comment. No comments were provided at the May 16th public hearing. Other comments received have been considered in preparing the document for submittal to HUD. A summary of comments received is included in the plan; no action is required as a result of comments. Total HUD funding of $5,802,000 is included, as are ESG and HOME matching funds and CDBG program income. Consolidated Plan regulations require a 30-day comment period prior to submittal to HUD. The comment period began April 23rd and concludes May 23, 1995. Regulations require submittal of the plan to HUD by June 1. Executed grant agreements are required to receive funding. Contracts are required with non-City entities. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Rogers moved that the City Manager be authorized to submit the 1995/1996 Consolidated Plan to HUD and execute the grant agreement(s) to implement the programs included in the Consolidated Plan; and staff be authorized to execute Memoranda of Understanding with City Departments for activities and negotiate contracts with Delegate Agencies for the Mayor's signature. Motion carried -- carried 6 to 0. (Cole absent) NORTHEAST LIBRARY DESIGNATION OF CONSTRUCTION SITE FOR NORTHEAST LIBRARY; AND DETERMINATION OF AND PREFERRED DEVELOPER PREFERRED DEVELOPER FOR NORTHEAST AREA SITE. (District I) Motion -- carried Rogers moved that this item be deferred to June 6, 1995. Motion carried 6 to 0. (Cole absent) NEW BUSINESS PIPELINE REPAIR PROPOSED PROJECT TO PROTECT/REPAIR PIPELINE. David Warren Director of Water and Sewer reviewed the item. Agenda Report No. 95-416 During the heavy spring rains of 1993, heavy flows in the Little Arkansas River Floodway caused erosion in the channel downstream of the 85th Street North bridge. The erosion exposed and damaged the City's 48" raw water pipeline which is buried in the floodway channel. The 48" pipeline is one of two major pipelines which delivers water to the City from the Equus Beds. If the 48" line were lost due to damage, the City's ability to produce and deliver water would be limited to 100 million gallons per day (MGD). The historical peak day demand on the City's system was 126 MGD. The erosion in the channel, which is just downstream from the pipeline crossing, has created a void in the bottom of the channel estimated to be over 30 feet deep. If this void is allowed to continue to grow, it will eventually remove all of the soil underneath the pipeline, and cause the pipeline to collapse into the void. Staff has determined that one means of protecting the pipeline would be to install a wall, created with sheet piling, downstream from the pipeline crossing, and then fill the void. This wall will alter the flow conditions in the floodway, and prevent damage to the pipeline which could result in failure. In addition to the sheet piling solution, staff and the selected engineer will explore other alternatives which may be less costly. Staff estimates that the project (at the most) will cost $250,000 to construct. Engineering and contingencies add another $50,000 to that cost. A project authorized at $300,000 should cover the costs of this effort. The project would be funded from the Water Utility Improvement Fund and/or a future bond issue. If funded by revenue bonds, the annual P&I on $300,000 for 20 years @ 7% is about $28,000. That would represent a 0.5% increase in the existing Water Utility total debt service of $5.2 million. Amendments to the City's CIP must be approved by the City Council. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Steve Lackey Director of Public Works, responding to questions regarding repair of damage caused by the 1993 floods, said the City has received Federal assistance and repaired the wear in the Big Ditch at 21st and West Street. Repairs were also made to the storm sewer system at MacArthur and the Big Ditch, but the remainder of the repairs needing to be done are the responsibility of the City and Sedgwick County. Originally, it was anticipated that about 5 to 6 million dollars worth of repairs were needed, which were estimates based on contracting the work out. The plan is to schedule City crews to continue work over the next four to five years on the repairs needed on the Big Ditch, which does not include the ponding area study. A couple hundred thousand dollars per year are currently being budgeted to buy stone rip rap to place in eroded areas. There are a couple of areas that are in jeopardy should extremely heavy rains occur. The City has spoken to the Federal Government about the areas and the response has been that it is simply a maintenance problem. There are areas that were scoured out and eroded to the point that more immediate attention is needed which have not all been addressed. If the City experienced the type of flows again this year that were received in 1993, there would be a big concern. Attempts are being made to more expediently make repairs with the $200,000 to $400,000 received so far, especially the "hot spots." A real effort was made with the Federal Government, FEMA, the Corps of Engineers, and others. The protection of the levies is the most important item. Council Member Cather Cather said there has been talk about filling holes washed out in the bottom of the Big Ditch. Repairing levies and walls should be supported, but filling holes to make the Big Ditch look better aesthetically is not very enthusing. Steve Lackey Director of Public Works said that the projects being undertaken currently are primarily structural repairs. Motion -- Cather moved that the 1995 CIP be amended to include a project to protect/repair the 48" raw water pipeline where it has been exposed/damaged by erosion in the Little Arkansas River Floodway near 85th Street North; and the Staff Screening Committee be authorized to implement the project and select a design engineer in accordance with the City's administrative regulations. Motion -- carried carried 6 to 0. (Cole absent) Addendum Item 4a. MAPLE/MCLEAN MAPLE/MCLEAN DEVELOPMENT SITE. Chris Cherches City Manager reviewed item. Agenda Report No. 95-425 On August 30, 1994, the City Council selected the site south of Maple to Kellogg and east of Sycamore to McLean for the proposed Ice Rink. It was planned that the east portion of the total site would be available for redevelopment. At least two developers have expressed an interest to build multi-family apartments on the site. If proposals for development of the site are solicited, other developers or other land uses may also be considered. If the property would be redeveloped into apartments, development proposals should be solicited promptly so applications for "housing tax credits" can be submitted prior to July 31, 1995. Therefore, staff recommends promptly soliciting proposals for redevelopment of the remaining portion of the Ice Rink site. There are no financial considerations at this time. However, depending upon the type of proposals received, there could be future financial considerations to approve. If City Council decides to solicit redevelopment proposals, the developer will require a document giving them the right to own the property, which could be subject to being awarded the "project," appropriate zoning, available utilities and resolution of other development issues. Sale or other means of disposal of the land must follow Urban Renewal guidelines of "reasonably competitive bidding procedures." Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that staff be authorized to solicit proposals for a preferred developer, and the widest possible method of distributing those proposals for development be sought. Chris Cherches City Manager, responding to a question regarding whether any of the property is being acquired under eminent domain, stated that if there are unresolved condemnation proceedings, the Council always has an opportunity to reject condemnation after the filing and the award comes in. Any proposals sent out would have to wait until the land cleared. Council Member Kamen Council Member Kamen stated that he did not want action taken until results of eminent domain actions are known. -- carried Motion carried 6 to 0. (Cole absent) NEIGHBORHOOD COURT NEIGHBORHOOD MUNICIPAL COURT NOMINATING COMMISSION. Chris Cherches City Manager reviewed item. Agenda Report No. 95-426 On February 7, 1995, the Bureau of Justice Assistance approved a federal Comprehensive Communities Program Phase II grant in the amount of $1,864,649 for implementation of crime control and community mobilization strategies. Only six communities were selected by the U.S. Bureau of Justice Assistance for Phase II grants. The City Council approved the grant award documents on February 28, 1995. On March 28, 1995, the City Council approved the establishment of a Neighborhood Municipal Court and authorized hiring of appropriate staff funded by the grant. The grant provides a total of $346,550 for a Neighborhood Municipal Court. The establishment of the Neighborhood Municipal Court is designed to build a partnership with the judicial system and the community. Neighborhood Courts are designed to provide credibility to law enforcement efforts and the court system and allow greater citizen understanding and participation by neighborhood residents. The Neighborhood Municipal Court would primarily address nuisance, environmental, traffic and non-DUI drug/alcohol cases in the neighborhoods by holding court in the four substations during the afternoon and evening hours to accommodate citizen needs. The term of the grant is fifteen months beginning May 1, 1995, and ending July 31, 1996. Staff requests would include a Municipal Court Judge, Probation Officer, Court Clerk, and a Prosecutor. Charter Ordinance No. 142 prescribes the procedures for hiring a Municipal Court Judge. A Municipal Court Nominating Commission is required and is comprised of three lawyers nominated by the Wichita Bar Association and appointed by the City Council, and two lay persons appointed by the City Council. The Municipal Court Nominating Commission submits at least three nominees for Judge for consideration by the City Council. The City Council may accept or reject the nominations. The City Council made two lay appointments to the Municipal Court Nominating Commission on March 28, 1995. At its meeting on April 13, 1995, the Wichita Bar Association nominated three attorneys for the three other members of the Municipal Court Nominating Commission. The Wichita Bar Association selected the following three individuals as nominees to serve on the nominating commission: Judge Harold Flaigle, Dan Sevart, and Cheryl Roberts. Motion -- Ferris moved that the three lawyers nominated by the Wichita Bar Association be --carried appointed to the Municipal Court Nominating Commission. Motion carried 6 to 0. (Cole absent) CITY COUNCIL AGENDA SISTER CITIES RECONSIDERATION OF SISTER CITIES POSITION. (Requested by Council Member Gale) Council Member Gale Council Member Gale stated that in the 1995/1996 adopted City budget, the Sister Cities Coordinator position was added at an annual salary of $28,920 and is yet to be filled. Motion -- Gale moved that filling the position be postponed until the budget consideration this year, to afford the opportunity to look at the need for the position. Council Member Ferris Council Member Ferris said that while Sister Cities is a great program, the City has always been able to fund Sister Cities from the hotel/motel tax as a convention and tourism related type of expenditure. The effort last year to include Sister Cities in the budget was the first General Fund money appropriated to a Sister Cities program. "I think as we go into a time when we are looking at the different challenges that lay before us in public safety, in the MTA, and in those type of challenges that we have before us, and reducing citizens' commitment in expenditure to government, these are the kinds of things that we have to evaluate and re-evaluate." Council Member Rogers Council Member Rogers questioned the rationale for the deletion of the position. During the budget discussions the necessity of the position was really related to economic kinds of things. Sister Cities is more than a cultural exchange program as in its original conception. Sister Cities has branched out into an opportunity for cities to develop relationships across the world, not just on the cultural and educational exchange, but in the open markets that are constantly emerging. Regarding Sister Cities International, major cities across the world are emphasizing and focusing on the legitimacy of all of these kinds of efforts. Kansas has many offices across the world to foster economic development and exchanges of an economic nature. There is some legitimacy to the development and the coordination of this program from Wichita's standpoint as a benefit to Wichita economically. Council Member Cather Council Member Cather said he is opposed to reconsidering or slowing down appointment of a person to fill the full-time position. Substitute motion -- Cather moved that the City Manager proceed forthwith to fill the position. Tlalnepantla, part of Mexico City, is the largest city on the planet with twenty million people. "For us to step back from this challenge that we have previously stepped up to and tried to get the administrator appointed so that we could have a better relationship with that city, that is really a mistake, particularly as we are going forward with NAFTA and the facilitation of trade between the United States and Mexico. One other sister cities is Cancun, the fastest growing city in the Western Hemisphere. It is not wise to neglect that relationship. We should enhance this relationship." Council Member Cather encouraged the public and concerned citizens to write letters to and call the City Council in support of the Sister Cities Program. Council Member Kamen Council Member Kamen requested staff provide ideas of what is planned if the position is retained, how expansion of the program will take place, and what will be accomplished. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Mayor Knight said his responsibilities in Topeka included international trade. "While Secretary of Commerce, I appointed two trade representatives to Wichita, doing that with the idea of recognizing the importance of international trade to this region of the state." In addition, the U.S. Department of Commerce has an office in Wichita. There is a person with the Chamber of Commerce who spends a lot of time on trade issues. There are very strong departments at various companies in Wichita involved in international trade. The City needs to take some time and coordinate what it is trying to do with these trade representatives. There are opportunities for the City to try and coordinate with some of the talent base that exists with other units of government. "If there is a requirement of additional staff, I would like the benefit of going through that process in our next budget and really having an opportunity to explore it in detail to know that we are, in fact, coordinating with other units of government to maximize the return that citizens get for their tax dollars." Council has been very supportive of Sister Cities Program and there are ways of rearranging responsibilities and coordinating activities intergovernmentally. -- failed Substitute motion failed 4 to 2. Ferris, Gale, Kamen, Knight - No. (Cole absent) Council Member Ferris Council Member Ferris clarified that the program would not be cut as it exists today. The position has not been filled and therefore all the things that have been accomplished that have been mentioned have been accomplished without the position. The Sister Cities Program is not being cut and people should know that the program, as it has existed in the City for a number of years, has not been cut. The position has also not been cut. The motion provides that during the budget process, the position should be re-evaluated along with the rest of the priorities of the City. Those citizens concerned about the program will have ample opportunity to express their points of view during the budget hearings. Council Member Rogers Council Member Rogers stated that the program is not being cut, but it is not being enhanced either, which was the intent of the position in the beginning. The purpose of the position was to coordinate and communicate all of the various efforts taking place in the City. Mayor Knight Mayor Knight stated that there is going to be increasing pressure on the delivery of basic services and the Council should keep a focus on coordinating government resources effectively. Chris Cherches City Manager, responding to a question, said that the position is funded out of the General Fund budget. Council Member Cather Council Member Cather emphasized that the position is funded currently and now the discussion is to take that money away and cut it out of the budget. Council Member Kamen Council Member Kamen said he does not want the position to be funded from the General Fund and asked that staff request the opinion of the Convention and Tourism Bureau and other interested boards and agencies that would be affected if the funding were to come from the hotel/motel tax. Council Member Ferris Council Member Ferris stated that the position has only existed on paper and budgeted money need not necessarily be spent. -- carried Motion carried 4 to 2. Cather, Rogers, No. (Cole absent) CONSENT AGENDA Motion -- Knight moved that the Consent Agenda, except Item 15, be approved in accordance -- carried with the recommended action shown thereon. Motion carried 6 to 0. (Cole absent) BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED MAY 15, 1995. At 10:00 a.m., Friday, May 12, 1995, pursuant to advertisements published, bids were received, publicly opened, read aloud and tabulated for the Board of Bids and Contracts: (Ref: Bid analysis report attached to Board of Bids Minutes 5/15/95) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Lateral 12, Main 13, Southwest Interceptor Sewer to serve part of Lark Second Addition (south of Kellogg, east of 119th Street West). (468-82443/742254/480317) Does not affect existing traffic. (Council approval date 03-07-95) (District V) Nowak Construction - $93,667.56 Lateral 348, Southwest Interceptor Sewer to serve part of Stoneborough Addition (west of Broadway, north of 55th Street South). (468-82466/742239/480315) Does not affect existing traffic. (Council approval date 03-14-95) (District IV) Nowak Construction - $37,479.00 Left Turn Lane on Rock Road at Oxford Circle to serve the proposed access point to Windemere Second Addition (east of Rock, south of 29th Street North). (472-81968/762559/490358) Traffic to be maintained through construction. (Council approval date 09-12-89) (District II) Kansas Paving - $65,594.50 (Lump Sum Total Alternate #2) Meadow Creek from the north line of Lot 6, Block 2 to the west line of Fairview in Meadow Creek Addition (south of 29th Street North, west of Broadway). (472-82552/762948/490397) Does not affect existing traffic. (Council approval date 01-10-95) (District VI) Kansas Paving - $36,227.50 (Lump Sum Total Alternate #2) The Board of Bids and Contracts recommended that the contracts be awarded as outlined above, subject to check, same being the lowest and best bid and within the Engineer's construction estimate. Knight moved that the contracts be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign the contract for the City. Motion carried 6 to 0. (Cole absent) PARK DEPARTMENT: POLY-KART DUMPERS AND CONTAINERSAS PER SPECIFICATIONS Ameri-Kart Corp. - Group I - $7,862.50 (Total Net Bid) - Group II - $4,000.00 (Total Net Bid) WATER & SEWER DEPARTMENT/DISTRIBUTION: MISCELLANEOUS WATER FITTINGS AS PER SPECIFICATIONS Item 1 - U.S. Supply Co./FEI Lenexa - $11,406.00# (Total Net Bid) Item 2 - U.S. Supply Co./FEI Lenexa - $ 1,642.00# (Total Net Bid) Item 3 - Hajoca Corp. - $ 232.40#** (Total Net Bid) Item 4 - Wichita Winwater Works - $ 2,912.40#* (Total Net Bid) Item 5 - Wichita Winwater Works - $ 634.00#* (Total Net Bid) #plus applicable sales tax *2%-30 days **2%-10 days VARIOUS DEPARTMENTS/VARIOUS DIVISIONS: LUBRICATING OIL, GEAR OIL, GREASE, TRANSMISSION FLUID & OIL ANALYSIS AS PER SPECIFICATIONS Parker Oil Co., Inc. - Item 1 - $2.11 per gallon - Item 2 - $2.21 per gallon - Item 3 - $2.30 per gallon - Item 4 - $2.30 per gallon - Item 5a - $3.43 per gallon - Item 5b - $2.37 per gallon - Item 5c - $2.37 per gallon - Item 6a - $3.43 per gallon - Item 6b - $2.81 per gallon - Item 6c - $2.81 per gallon - Item 7a - $2.30 per gallon - Item 7b - $2.30 per gallon - Item 8a - $3.05 per gallon - Item 8b - $2.50 per gallon - Item 9 - $1.70 per gallon - Item 10a - $ .355 per pound - Item 10b - $ .43 per pound - Item 11 - $ .71 per pound - Item 12a - $ .354 per pound - Item 12b - $ .428 per pound - Item 12c - $ .47 per each - Item 13 - N/C TOTAL NET BID - $55,600.53 VARIOUS DEPARTMENTS/VARIOUS DIVISIONS: TITLE INSURANCE, ABSTRACTING & RELATED SERVICES AS PER SPECIFICATIONS Fidelity Title Company, Inc. - Item 1 - $32.00 per list - Item 1a - $ 4.00 per lot - Item 1b - $ 4.00 per tract - Item 2 - $40.00 per certificate - Item 2a - $ 7.50 per parcel - Item 2b - $70.00 per contract - Item 2c - $ .45 per thousand fee - Item 2d - $ .10 per thousand fee - Item 3 - $75.00 per policy - Item 3a - $ 1.75 per $1,000.00 - Item 3b - $ 1.25 per $1,000.00 - Item 3c - $ .90 per $1,000.00 - Item 3d - $25.00 per each The Board of Bids and Contracts recommended that the contracts be awarded as outlined above, same being the lowest and best bid. Knight moved that the contracts be awarded as outlined above, same being the lowest and best bid. Motion carried 6 to 0. (Cole absent) LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Special Event 1995 Bernie Beckman 1995 ADA Polo Classic1980 N. Rock Rd. Renewal 1995 (Consumption off Premises) David M. Arntzen Osco Drug Store #2148601 N. West St., 100 New Establishment 1995 (Consumption on Premises) Nhung T. Nguyen My Canh Restaurant*3141 S. Hillside, 105 *General Retailer--beer sales derive less than 50% of gross revenues. Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 6 to 0. (Cole absent) PLANS AND SPECS. PLANS AND SPECIFICATIONS. a. Water Distribution System to serve 45 Rock Road Industrial Park (east of Rock, south of 45th Street North). (448-88904/732602/470338) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 03-14-95) (District II) 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 26, 1995. Motion carried 6 to 0. (Cole absent) b. Water Distribution System to serve Pawnee Mesa Third Addition (north of Pawnee, west of Lark). (448-88483/732693/470348) Does not affect existing traffic. (Council approval date 09-18-90) (District V) c. Water Distribution System to serve The First Mennonite Brethren Church (north of 21st, east of Tyler). (448-88924/n/a/n/a) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 05-23-95) (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., June 2, 1995. Motion carried 6 to 0. (Cole absent) PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. Lateral 12, Main 13, Southwest Interceptor Sewer to serve part of Lark Second Addition (south of Kellogg, east of 119th Street West) - $145,000.00. (468-82443/742254/480317) Does not affect existing traffic. (Council approval date 03-07-95) (District V) b. Lateral 348, Southwest Interceptor Sewer to serve part of Stoneborough Addition (west of Broadway, north of 55th Street South) - $54,000.00. (468-82466/742239/480315) Does not affect existing traffic. (Council approval date 03-14-95) (District IV) c. Left Turn Lane on Rock Road at Oxford Circle to serve the proposed access point to Windemere Second Addition (east of Rock, south of 29th Street North) - $83,500.00. (472-81968/762559/490358) Traffic to be maintained through construction. (Council approval date 09-12-89) (District II) d. Meadow Creek from the north line of Lot 6, Block 2 to the west line of Fairview in Meadow Creek Addition (south of 29th Street North, west of Broadway) - $61,800.00. (472-82552/762948/490397) Does not affect existing traffic. (Council approval date 01-10-95) (District VI) e. Broadway (John Mack Bridge) over the Arkansas River - $1,582,000.00. (472- 82375/715250/415039) Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 6 to 0. (Cole absent) PETITIONS PETITIONS: a. Water Distribution System to serve part of New Creation Christian Church Addition and First Mennonite Brethren Addition, North of 21st, East of Tyler). Agenda Report. The signatures on the petition represents 100% of the improvement district. The project will provide fire protection for a church expansion. The estimated project cost is $25,000. The funding source is Special Assessments. Motion -- Knight moved that the Petition be approved and the Resolution be adopted. Motion -- carried carried 6 to 0. (Cole absent) RESOLUTION NO. R-95-237 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System No. 448-88924 (North of 21st, east of Tyler) 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 6 to 0. (Cole absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. b. Water Distribution System to Serve an Unplatted Tract West of Hillside, South of Pawnee. (District III) Agenda Report. The signature on the Petition represents 100% of the improvement district. The purpose of the project is to provide fire protection for a church building. The estimated project cost is $5,000. The funding source is Special Assessments. Motion -- Knight moved that the Petition be approved and the Resolution be adopted. Motion -- carried carried 6 to 0. (Cole absent) RESOLUTION NO. R-95-238 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System No. 448-88922 (west of Hillside, south of Pawnee) 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 6 to 0. (Cole absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. c. Left Turn Lane on 21st Street North to Serve Westwind Third Addition, South of 21st, East of Tyler. (District V) Agenda Report. The signature on the Petition represents 100% of the improvement district. The purpose of the project is to provide fire protection for a church building. The estimated project cost is $5,000. The funding source is Special Assessments. Motion -- Knight moved that the Petition be approved and the Resolution be adopted. Motion -- carried carried 6 to 0. (Cole absent) RESOLUTION NO. R-95-239 Resolution of findings of advisability and Resolution authorizing construction of left turn lane on 21st Street North to access Westwind Third Addition, Project No. 472-82584 (south of 21st, east of Tyler) 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 6 to 0. (Cole absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. BOARDS MINUTES MINUTES OF ADVISORY BOARDS AND COMMISSIONS. Ad Hoc Committee Wichita/Sedgwick County Solid Waste Management, 4/17/95 Board of Electrical Appeals, 4/11/95 Board of Housing Commissioners, 4/21/95 CPO Northeast Council 1, 5/8/95 CPO East Council 2, 5/8/95 Civil Rights & Services Board, 4/17/95 Public Art Advisory Board, 4/13/95 Wichita Airport Authority, 4/17/95 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 6 to 0. (Cole absent) STREET CLOSURES CONSIDERATION OF STREET CLOSURES. There were no street closures considered. CDBG CONTRACT CDBG CONTRACT - DIVERSIFIED EDUCATIONAL, TRAINING AND MANUFACTURING COMPANY (DETAMC). Agenda Report. On March 21, 1995, the City Council approved a $220,000 loan to DETAMC to erect a building at 2102 E. 21st Street. The facility will be used as DETAMC's administrative offices, and will also be used to provide job training, GED preparation and other related training. The loan is to be a non-interest, self-amortizing loan over a ten year period. The loan balance will be reduced ten percent for each year DETAMC continues to provide job and related training for low income persons. As assistance to a for-profit entity, a determination has been made that it meets the CDBG program national objective of primarily benefiting low and moderate income persons. It does not unduly benefit the for- profit entity as private financing is providing approximately one half the funds needed for the project. A determination has also been made that use of public funds is appropriate because employment opportunities for lower income persons are anticipated. A mortgage will be filed to protect the City's interest. Motion -- Knight moved that the Contract be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Cole absent) CLAIM SETTLEMENT SETTLEMENT OF CLAIM - BONITA GARCIA. Agenda Report. On September 9, 1993, Ms. Garcia was involved in a collision with a tractor mower. Ms. Garcia submitted a claim for her damages based on loss of income, medical expenses, disability, and pain and suffering. After investigation of the claim and extent of the claimed damages, the City determined that a resolution of this matter was appropriate. After some discussion, the City has been offered an opportunity to resolve the claim with a lump sum payment of $20,000.00 as full settlement of all her claims against the City. Because of the risks associated with litigation, the Law Department recommends acceptance of the offer. Funding for this settlement payment is from the City's Tort Liability Fund. Motion -- Knight moved that payment of $20,000.00 as a full settlement of all possible -- carried claims be authorized. Motion carried 6 to 0. (Cole absent) (Item No. 15) OFFICE SYSTEMS OFFICE SYSTEMS FURNITURE CONTRACT. Motion -- carried Cather moved that this item be stricken. Motion carried 6 to 0. PROPERTY ACQUISITION ACQUISITION OF 1002 S. RICHMOND (TRACT #3) FOR THE MERIDIAN/MCCORMICK INTERSECTION UPGRADE. (District VI) Agenda Report. The Meridian/McCormick Intersection Upgrade Project, approved by Council on June 28, 1994, will require the acquisition of 4 partial takings and 4 temporary easements. One of the properties identified for partial taking is identified as Tract #3, located at 1002 S. Richmond and is owned by Mary A. Barr. The property has already been started in the eminent domain process with approval by Council on March 14, 1995. The estimated value of the taking is less than the $2,500 limit set by Federal regulations, no formal appraisal of the property was prepared. Staff estimated the value of the taking at between $2,000 and $2,5000. Due to the timing requirements for the project, eminent domain action was initiated. Negotiations have continued with the property owners and they have agreed to sell the property to the City for $2,125. Funds have been budgeted in the 1994 Capital Improvement Program as MS-480 in the amount of $350,000. A budget of $2,425 in funds includes: $2,125 for acquisition, and $300 for closing costs, title insurance, survey, operating and maintenance expenses. Acquisition costs to date, including this transaction, have totaled $160,275 with an additional $43,200 for closing, relocation, and demolition for a total of $203,275. Motion -- Knight moved that the budget and the Real Estate Purchase Contract be approved and the Mayor be authorized to sign the necessary documents. Motion carried -- carried 6 to 0. (Cole absent) SOFTBALL FACILITIES AGREEMENT BETWEEN CITY AND YMCA FOR SOFTBALL FACILITIES. Agenda Report No. 95-424 The Y.M.C.A. has agreed to allow the City of Wichita exclusive use of softball facilities owned by the Y.W.C.A. at the Garvey Park location from May 23, 1995, to October 31, 1995. The City of Wichita will have authority to schedule adult softball league and tournament play and retain all revenues from team/league play. The City will be responsible for custodial and ground maintenance of the softball facilities. This agreement is for softball facilities only and does not include operation and maintenance of the swimming pool at Garvey Park. Maintenance and personnel costs for the term of the agreement are estimated at $24,000. Offsetting revenues to be realized through team/league fees are estimated at approximately $30,000. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Cole absent) ORDINANCES SECOND READING ORDINANCES. (First Reading 5/16/95) Assessing Ordinance ORDINANCE NO. 42-785 An Ordinance making a special assessment to pay for the removal of certain structures, being dangerous and unsafe buildings which have been declared a nuisance under the provision of sections 18.16.010 to 18.16.090 of 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 6 to 0. (Cole absent) Yeas: Cather, Ferris, Gale, Kamen, Rogers, Knight. Bicycle Path ORDINANCE NO. 42-786 An Ordinance providing for the acquisition by eminent domain of certain private property, easements and right-of-way therein, for the purpose of acquiring the site for the Gypsum Creek Bicycle Path 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 6 to 0. (Cole absent) Yeas: Cather, Ferris, Gale, Kamen, Rogers, Knight. Z-3158 ORDINANCE NO. 42-787 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 6 to 0. (Cole absent) Yeas: Cather, Ferris, Gale, Kamen, Rogers, Knight. FIRST READING ORDINANCE. Motion -- Knight moved that the following Ordinance be placed on first reading. Motion -- carried carried 6 to 0. (Cole absent) ORDINANCE 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, introduced and under the rules laid over. RECESS Council recessed at 10:09 a.m. to workshop session and returned to regular session at 10:50 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, potential litigation, legal advice, and contract negotiations; preliminary discussions relating to the acquisition of real property for public purposes; matters relating to employer-employee negotiations; and the regular meeting be resumed at approximately 12:30 p.m. -- carried Motion carried 6 to 0. (Cole absent) RECESS Council recessed at 10:50 a.m. and reconvened in regular session at 12:25 p.m. Mayor Knight Mayor Knight announced that no action was necessary as a result of the executive session. ADJOURNMENT The City Council Meeting adjourned at 12:25 p.m. Pat Burnett Deputy City Clerk JOURNAL 158 MAY 23, 1995 Page 1