MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, August 8, 1995 Tuesday, 9:07 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cather, Cole, Ferris, Gale, Kamen, Rogers; present. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Patricia L. Burnett, Deputy City Clerk; present. The invocation was given by Pastor Michael Poage, Fairmount United Church of Christ. 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 August 1, 1995, were -- approved approved 7 to 0. PUBLIC AGENDA COMMENTS BY TWILA GRAHAM. Twila Graham Twila Graham reviewed the history of Hilltop Manor, an intended temporary community built by the federal government in the early 1940's to ease the housing shortage created by the immigration of workers at the defense plants in Wichita during the war. COMMENTS BY SHARON ASKEW. Sharon Askew Sharon Askew, Secretary of the Hilltop Jefferson Community Neighborhood Association, spoke regarding the parents and children in the neighborhood. Hilltop Coop was formed in 1949 and nine of the original members still reside in Hilltop Manor today. Parents and children take a positive role in the neighborhood. COMMENTS BY DENNIS HESELDORF. Dennis Heseldorf Dennis Heseldorf, Pastor, Hilltop Evangelical Free Church, said Hilltop has the fourth highest crime rate in Wichita and now, more than ever, positive activities need to be provided for the children. The community center has been an integral part of the community for many years. No other facility in the area is capable of providing the services of the community of Hilltop should the closing of this center occur. The community does not know where or how to get grant money and is asking for help to keep the community center open and to generally help the Hilltop Manor community. Council Member Cole Council Member Cole said she sees this as the kind of thing that the neighborhood assistants might be able to help focus on some specific ways to help neighborhoods. Mayor Knight Mayor Knight asked that the City Manager prepare policy considerations for the Council and the neighborhood and some directions for collaboration. UNFINISHED BUSINESS V-1909 PUBLIC HEARING V-1909 - REQUEST TO VACATE A PORTION OF BUILDING SETBACK IN AN AREA NORTH OF DOUGLAS AND EAST OF WEST STREET. Continued from August 1, 1995. Council Member Rogers momentarily absent. Marvin Krout Director of Planning reviewed the Item and said this is a project that, under the existing landscape ordinance, was exempt from any landscaping. In return for the reduction in the setback, the Planning Department has required some landscaping to soften the boundary along Douglas. There has been some discussion and interest from property owners on Kessler Street with regard to items stored and activities going on in the storage facilities. A check has been made with the Health Department and Central Inspection and "to the best of our ability, this use is in compliance with all the health code and zoning code requirements." Council Member Kamen momentarily absent. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Connie Nussman Connie Nussman, resident on Kessler, said the neighbors would like a chain link fence in place of the privacy fence, and better lighting -- more like the appearance on Douglas. There is a lot of noise from sawing something and the activity disturbs the picture on television. Mary Dildine Mary Dildine said there has been pollution from activities in the buildings. It is dark in the back of the buildings and maybe two lights could be put in back of the building. R.D. Wood R.D. Wood, building owner, said the noise would be looked into. The ladies' concerns are also the concerns of the building owners. Mr. Wood said additional lighting could be put up and the privacy fence could be removed. Motion -- Gale 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. RECESS The City Council recessed at 9:55 a.m. and returned at 10:04 a.m. Council Member Kamen absent. NEW BUSINESS PUBLIC ART/DESIGN PROPOSED PUBLIC ART AND DESIGN PROJECTS. (A) DESIGN COMPETITION (DOUGLAS AND MAPLE STREET BRIDGES). Agenda Report No. 95-637. A two-stage process was used for the design competition with the original twenty-eight design teams narrowed to six teams for the second stage. From the six finalists, PEC Engineering Consultants, P.A., was selected as the preferred design team. The Douglas Street Bridge has a level variation in the pedestrian walkway and the roadway, repeating arches, a mix of steel and concrete construction, and a proportionately long central span flanked by high eastern and western towers. The center span has lacy steel girders built into an arch. The center section of the pedestrian way is widened on both sides of the bridge. The east-west geographical and cultural theme and spectacular lighting effects in neon will be developed in the details of the Douglas Street towers. The Maple/Lewis Street bridge idea is to make a harmonious, compatible, and subservient bridge to Douglas Street. The bridge would also be designed with five spans, three center spans of approximately 100 feet, and two equal length end spans. The bridge would feature bike lanes adjacent to the vehicular traffic lanes. Funds have been programmed for the bridge designs in the Capital Improvement Program. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Council Member Ferris Council Member Ferris spoke in support of the designated team and of having Staff work with the team to come up with the appropriate documents. The following concerns were expressed: 1) Some functional items were overlooked and it is hoped the engineers will take into consideration that it appears that the traffic on the bridges would be carried at a significantly higher level than the pedestrians -- the idea that a wall would be created which would create a barrier between traffic and pedestrians and be an art wall. In reality, if patrolling officers cannot see clearly all aspects of the pedestrian walkway, trouble may be invited on the walkways - and nobody wants to walk in a tunnel; and 2) by creating a wall, the wall may become a graffiti wall if it is not easily seen by a great number of people driving by. The design team needs to work with staff on some of the functional issues on the bridges. The motion should also include working with those persons doing the river corridor study so there would not be two structures that did not have some kind of integration with the river bank. Council Member Cole Council Member Cole said it is her understanding and desire that there will be a moment of coming together to ensure that comprehensive planning has been done. An important aspect is that the bridges are being designed and constructed by a local team. Motion -- Ferris moved that the selected design team be approved and that staff be instructed to negotiate a contract, to work with the design team to make both bridges conform with the river corridor study currently being done; that staff advisory be integrated so that there would not be any question between art and function; and that the final design be returned to the City Council for approval. -- carried Motion carried 7 to 0. (B) PROPOSED ART - KELLOGG AND MAIN STREET. Agenda Report No. 95-638. The original thirty-nine artists submitted qualifications for the project and three finalists were selected to create design concepts. On October 28, 1994, the design concept of artist Robert Roesch, of Philadelphia, Pennsylvania, was selected by an eleven member jury. CPO Council Six voted in favor of the concept by a 4 to 2 vote. On December 2, 1994, the artist presented the concept at a public hearing with no public opposition. On December 8, 1994, the Public Art Advisory Board voted to recommend the artist and the Gateway concept to the City Council. The Gateway Plaza piece consists of two pleated fan shapes of textured stainless steel each resting on top of a sloping limestone ledge. The tips of the fans reach a height of 31 feet so as to be higher than the 24 foot height of the Kellogg flyover. The fans will be bathed in blue light. The concept also includes 10 slender pyramid-like stainless steel structures which will emit a small beam of light from their points. The pyramids will be placed on a bed of river rock with up-lighting. Cost of the design and installation of the piece will be paid for by funds allocated within the Capital Improvement Program ($150,000) for the projects. Mary Jobe Mary Jobe reviewed the process used in the design competition and recommended approval. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Ben Grisamore Ben Grisamore spoke in support of the recommendations on all three projects. The quality and design reflect on the City as a whole. Elizabeth Willis Elizabeth Willis spoke in strong support and approval of the monument and project. Jim McNiece Jim McNiece spoke in support of the projects and approval of student participation and involvement in the process. Donald Byram Donald Byram spoke in favor of the project. Council Member Kamen momentarily absent. Dr. Les Ruthman Dr. Les Ruthman talked of recruiting psychologists to the Wichita area and the need for visible art and culture. The Gateway will help to correct the image of Wichita. Public art is good for business and the gateway is a magnificent piece of proposed art. Chris Bruner Chris Bruner said that while he has reservation with regard to the design selection process, he did wholeheartedly agree with the selected design. Of importance is the fact that the selected artist for the Gateway project will actually live in Wichita and use Wichita labor, artists, and suppliers. The Gateway sculpture will be constructed in Wichita which will give all of the City an opportunity to watch the piece grow. Sophokles Anthimides Sophokles Anthimides said the Gateway project would help all of downtown Wichita. Sculpture and art brings business and beauty. Dr. Courtley Ruthman Dr. Courtley Ruthman spoke in support of the Gateway project. Dr. Ruthman said the Gateway project shows that the City Council is ready to move forward and invest in the city and community. Council Member Kamen Council Member Kamen stated that he could support the City paying for half of the project if private sources would pay for half. Council Member Ferris Council Member Ferris said he believes, very strongly, that art is something that cannot be voted on, legislated, or determined. The public should not be involved in financing things that some like and some do not. The City Council should focus on public safety, streets, and those types of things. Mayor Knight momentarily absent with Vice Mayor Kamen in the Chair. Council Member Cole Council Member Cole stated that societies and governments must, in addition to caring for the physical needs of citizens, pay some small attention to the need for beauty and quality in the every day environment. Cities are not known for shopping malls or suburbs but by the vitality and image of their downtown districts. Members of the private sector have purchased buildings in the downtown area and have made great investment in the downtown area. The Council has the opportunity to dramatically alter the image of the entire river corridor from Kellogg to Seneca. This is the City's front door and it is important and appropriate that the Council make the decision on what the front door is going to look like. Council Member Cather Council Member Cather spoke in favor of all the projects as a high and sophisticated level of economic development which give Wichita class. Council Member Rogers Council Member Rogers said public art, by its nature, is mandated to be paid for by the public and he would support the reasonable and well thought out monument that becomes, hopefully, peculiar to Wichita. Mayor Knight Mayor Knight said that to the degree that controversy can be minimized and the community can pull together, the City will advance and succeed as a community. Wichita is competing with cities that have public art and in the global market place. Virtually every city that is succeeding and advancing invests in these types of projects. Motion -- Cole moved that the project be approved; and the contract be approved and the -- carried Mayor be authorized to execute. Motion carried 4 to 3. Ferris, Gale, Kamen - No. Kamen momentarily absent. (C) PROPOSED ART - SENECA AND MCLEAN INTERSECTION Agenda Report No. 95-639. On September 15, 1994, art consultant Jennie St. John presented three concepts for the Seneca and McLean intersection at a joint meeting of the Public Art Advisory Board and the City Manager's Aesthetic Review Team. Ms. St. John proposed the Mimbres Indian Tribe design concept of special pavers depicting the "man with fish" because of the close proximity of the intersection to the Mid-American All-Indian Center and the Little Arkansas River. On October 15, 1994, representation from the Mid-American All-Indian Center presented a brief history of the Indian Center and noted the Indian Center Board was impressed with and unanimously selected the design. The concept would be an important gateway entry to the Museum District and, as the Science Center development becomes complete, there will be a need for a linkage to the Museum District. Cost of the design and installation is proposed to be paid from funds allocated in the Capital Improvement Program for the intersection improvement. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Council Member Ferris Council Member Ferris spoke against the $250,000 expenditure and against the expenditure of capital dollars of the expense of street and other types of projects for a project of limited importance. The intersection improvement should be done as with other intersection projects. Council Member Cole Council Member Cole said the dollar amount was excessive. The museum drive could be improved with the use of better signage. The design selected could be talked about for other ways in which it could be incorporated in a wall or that corridor without placing it in the intersection. Mayor Knight Mayor Knight said he could find nothing to conclude that the cost for this project was justified. Motion -- Ferris moved that discussion of public art in the middle of the intersection be discontinued; the Public Art Board be informed of this decision and appreciation be expressed for the Board's effort, and the Council would be willing to discuss any Board recommendations of any private art that may lead as a gateway into that area; and that the intersection be designed compatible with other major intersections in the City. Subst. Motion -- Cather moved a substitute motion that this matter be referred back to the Public Art Committee with the recommendation that it be explored as to whether or not there is a way to reduce the amount of money it would cost to place this design in place. -- failed Substitute motion failed 4 to 3. Ferris, Gale, Kamen, Knight - No. -- carried Motion carried 5 to 2. Cather, Rogers - No. RECESS The City Council recessed at 11:10 a.m. and returned at 11:20 a.m. Council Members Cole, Rogers; absent. NIP NEIGHBORHOOD IMPROVEMENT PROGRAM (NIP). Council Member Rogers present. Chris Cherches City Manager reviewed the Item. Agenda Report No. 95-636. The Neighborhood Improvement Program (NIP) was established in 1987 to provide assistance, both technical and financial, to reduce the deterioration of property, neighborhoods, and community facilities. The program was designed to undertake neighborhood improvements in specific areas, eliminating blighting conditions and providing assistance to restore private investment. The Program's primary focus is to upgrade housing/neighborhood conditions by alleviating deterioration through active code enforcement efforts, and incentives to improve streets, sidewalks, lighting, parks, landscaping (fore- stry), etc. To inform neighborhoods of the Neighborhood Application Program application process, Staff attended all CPO Council meetings and gave overviews of the program. In addition, information was presented at the Wichita Independent Neighborhood (WIN) meetings. Letters were also sent to area neighborhood associations informing them of the application process. In July, 1995, staff met with the contact people for the following proposed NIP areas of 1100-1200 blocks of North Estelle (District 1); 1700-1900 blocks of North 23rd Street and Looman (District 1) and 800 block of South Everett (District 6). Each contact person informed staff they want to participate in the NIP program. Based on the City Council's Vision Statement, "- where neighbor will reach out to neighbor to clean up a vacant lot or rebuild an old house.." and its goals of vigorous code enforcement and enhancing the Neighborhood Improvement Program, it is obvious that more work has to be done in identifying and targeting neighborhood improvements. To address these housing goals, Staff will work with the CPO Council's and neighborhood associations to participate in this expanded effort to stabilize neighborhoods. With the addition of these three new areas and the continuing of one of last year's areas, there will now be four (4) active NIP areas. CDBG funds have been allocated for the 1995-96 NIP program including: curb and gutter improvements, street improvements; sidewalks; paint grants; emergency assistance; and Weatherization assistance. While these programs are available in all low/moderate income census tracts, based on the Council's expressed desire to expand neighborhood preservation activities, a special effort will be made to use these funds in the NIP areas. Operating budgets in Central Inspection, Public Works, Park-Forestry, Police and Environmental Health also include funds designated for neighborhood improvement activities. The petitions submitted conform with the requirements of the NIP Program. Council Member Cole present. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Rogers moved that the 1100-1200 blocks of North Estelle (District 1), 1700-1900 blocks of North 23rd Street and Looman (District 1), and the 800 block of South Everett (District 6) be designated for inclusion in the 1995-1996 Neighborhood -- carried Improvement Program (NIP). Motion carried 7 to 0. BUDGET 1996 BUDGET Mike Reichenberger Planning and Administration Director responding to a question, explained that with regard to the ADAAB Grant, the proposals were reviewed by Staff prior to being submitted to the ADAAB Board. One of the things that was looked at was the fact that the funding level for 1996 was actually approximately 10 percent lower than 1995. The staff recommendation to ADAAB did not include funding for new agencies. There was a request from Big Brothers for $11,000 and a request from Youth Development Services for $25,655. At the ADAAB meeting, it was made known that the Pueblo Alcohol and Substance Abuse Program (a new agency) targeted the Hispanic population and that no other program targeted the Hispanic population. The services provided by Big Brothers/Big Sisters were not direct treatment or counseling services as Pueblo services would be. A vote was taken with the resulting $10,000 (from Big Brothers/Big Sisters) and an additional $2,000 (from the Youth Development Services Project) being redirected to the Pueblo Alcohol and Substance Abuse Program. Council Member Cole Council Member Cole said a committee member indicated that part of the consideration for disallowing the $10,000 for Big Brothers/Big Sisters was that similar training in identifying and referring people coming from families suffering from addiction problems could be received from the prevention center at no cost. Mike Reichenberger Planning and Administration Director said the Big Brothers/Big Sisters proposal was for education and training (which could be provided by the Prevention Center), and the 46 matches. Whether or not the matches would occur if the $10,000 were not provided to Big Brothers/Big Sisters was the ADAAB Board question. The ADAAB Board question was whether Big Brothers/Big Sisters should receive ADAAB money to provide matches or should they be seeking other money in the community to provide matches. Council Member Cole Council Member Cole said she was having trouble determining that one population cannot be served by programs which have been around a long time and have a successful track record. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Sharon Vanhorn Sharon Vanhorn, President Elect of Big Brothers/Big Sisters of Sedgwick County, requested continued funding for Big Brothers/Big Sisters. Shelly (unintelligible) Shelly, Youth Development Services, asked for help in continuing services and said 25 percent those assisted by Youth Development are Spanish. Paul Clark Paul Clark, CPO Council 5, said the following items, and appreciation for a balanced budget and no increase in the mill levy, received unanimous approval (5 to 0) for recommendation to the City Council: 1) Repairs to the Big Ditch (which should be accomplished as soon as possible). A maintenance project to existing capital structure and should not be bonded but paid for from the General Fund excess reserves. 2) The excess reserves in the Debt and Interest Fund be used only for future capital projects. 3) The smaller pools in need of extensive repairs that are currently under-utilized be closed as proposed in the current budget. Any savings realized from these closings should be used to maintain the staffing at the currently existing neighborhood centers. 4) There is concern regarding the solid waste management and landfill situations. Due to the recent change in direction taken in the landfill controversy, there are no specific recommendations other than to say that it is hoped the current landfill will be utilized to the extent economically and environmentally feasible; and that the City embark immediately on finding a solution to the future and/or waste disposal needs. 5) The major immediate concerns were the recommendations of the Mayor's select Task Force concerning the Wichita Police Department. Merely hiring and putting on the street a large number of additional police will have little or no effect on the immediate violent crime situation. There should not be a situation where so many new police officers are hired that a tax increase will be required in the future to pay for them. It is recommended that the current excess funds within the General Fund not be used to finance the hiring of new police officers. It is recommended that these funds be used to purchase any and all equipment needed by the Police Department to put them on the cutting edge of police technology. These needs and requirements would be best addressed by the new Police Chief when hired. To the extent that any additional police officers are hired, they should be financed through the normal budgeting procedures. If additional money is going to be spent on the police, other segments of the budget will have to be cut to finance the additional expenditures. Under no circumstances should these anticipated expenditures be financed by future tax increases. Mayor Knight Mayor Knight said he was almost baffled at some of the decisions reached by CPO Council 5 and why it would not be concluded, with a 19 to 20 percent surplus, that the City has been overtaxed and that a very legitimate purpose for those funds would be to fund the most important services being provided. With regard to the Big Ditch, Mayor Knight said that with a long-term capital improvement, any prudent budget would understand how that could be considered for bonding. Obviously, the life of the project will be the determining factor and the importance of it. Jack Hadley Jack Hadley, Pastor of Grace United Methodist Church representing the South-Central Recreational Initiative and the North Riverside Neighborhood Association, spoke against the cut of recreational programs. Mayor Knight momentarily absent with Vice Mayor Kamen in the Chair. Mr. Hadley spoke against the proposed closing of the Lincoln swimming pool. Last week there 60 boys and girls in the pool between two and four o'clock. Forty of those boys and girls were from the Harry Street Latchkey Program and use the pool every afternoon. There is a day care center in the Grace United Methodist Church which uses the pool. The South-Central Recreation Program also takes children to the pool. After 4:00 p.m. the group drops down to about 25 to 30 because the Latchkey children leave. People using the Lincoln pool walk to the pool without parents. With regard to the Emanual Baptist Church Christian Life Center swimming pool, the pool is fully utilized by Emanual Baptist every day. One hour a day of use could be contracted for. Regarding busing the children from Lincoln to Linwood pool, it is wondered if the parents would be willing to place their children on a bus for transportation to another place. Better communication is requested. The pool closing should have been found out from the City rather than the newspaper. The neighborhood would be willing to work with the city to raise funds to keep the pool open. Mayor Knight Mayor Knight said the neighborhood associations should have been sent a budget and brought into the process earlier. Motion -- carried Knight moved that the comments be received. Motion carried 7 to 0. TAX INCREMENT FINANCING DISTRICT #1 (GILBERT AND MOSLEY). Chris Cherches City Manager reviewed the Item. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. HOME/SANCHO REQUEST FOR HOME OPERATING FUNDS BY SEDGWICK COUNTY AREA NON-PROFIT COMMUNITY HOUSING ORGANIZATION (SANCHO). Chris Cherches City Manager reviewed the Item. Agenda Report No. 95-640. Since April, 1992, the City of Wichita has been receiving funds for housing activities from the HOME Investment Partnerships Program, an entitlement grant from the Department of Housing and Urban Development (HUD). An emphasis of the program is to develop partnerships with community (CHDO) organizations to address housing needs of low- and very low- income households. Up to 5% of a Participating Jurisdiction's HOME annual allocation authorized by HUD may be used to support CHDO for operating expenses. These expenses are defined as "reasonable and necessary costs for the operation of the CHDO. Such costs include salaries, wages, other employee compensation and benefits, employee education, training and travel, rent, insurance and equipment, materials and supplies." SANCHO is requesting that $50,000 be approved for operating expenses. SANCHO is a collaborative organization incorporated in May, 1994, to provide affordable housing and to improve economic opportunities for people with disabilities. Members of the collaboration which formed SANCHO are Cerebral Palsy Research Foundation, Sedgwick County Department of Mental Health, Breakthrough Club, The Independent Living Center of South Central Kansas, and the Alliance for the Mentally Ill. On December 31, 1994, the City Council approved funding to SANCHO in the amount of $152,000 on HOME funds to rehabilitate a 23-unit apartment complex at 835 South Market. SANCHO was awarded tax credits for the project by the Kansas Department of Commerce and Housing. SANCHO also has an application pending for $40,000 from the Federal Home Loan Bank, Affordable Housing Program. On July 11, 1995, the City also approved an allocation of $46,000 to acquire property (23rd and Pinecrest) for a housing development. SANCHO also has received a planning grant from the Kansas Division of Commerce to conduct research regarding redevelopment options for the shopping center at 21st and Oliver. SANCHO will also be eligible for an action grant upon completion of the planning grant. In addition, SANCHO was awarded a research grant by the Kansas Planning Council on Developmental Disabilities of $37,273 to identify barriers and solutions to homeownership for persons with disabilities who have low incomes. (SANCHO also has been approved for funding in 1996). The Enterprise Foundation has been working with HUD, the City of Wichita, and SANCHO to provide technical assistance that will generate a business plan and identify for- profit businesses which SANCHO could purchase, or create, to employ persons with disabilities. Most of the funds (above) are "project specific" and require a need for general operating funds to administer. This application will fund general office expense and staff. Funds are available from HOME funds. The HOME Program Description will be amended by this action to reflect the use of HOME funds for this CHDO Operation. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Janet Thompson Janet Thompson, SANCHO, urged approval for the Item. Motion -- Rogers moved that the application from SANCHO for HOME operating funds in the amount of $50,000 be approved; and the FY 1994 HOME Program Description be amended to reflect the use of HOME funds for CHDO Operations. Motion carried -- carried 7 to 0. 27TH N. PAVING PAVING OF 27TH STREET NORTH, VOLUTSIA TO HILLSIDE. (District I) Chris Cherches City Manager reviewed the Item. Agenda Report No. 95-641. The 1995 CIP includes a project to pave 27th Street North from Volutsia to Hillside (page 108). Twenty-seventh Street is unopened west of Hillside. The project will serve the adjacent City park property on the north side of 27th Street and provide a secondary outlet for the 2700 blocks of Erie, Chautauqua and Lorraine. It will pave an area that has been a problem area for illegal dumping and will channel runoff water on the street rather than in an unimproved ditch area. The project will provide a direct access route from Hillside to serve the proposed 37 lot, residential development north of 27th Street, east of Grove. The development is targeted to low and moderate-income home buyers. It will also provide better access to Grove Park and the additional undeveloped park area adjacent to Grove Park. The project is proposed to be funded from unexpended 1991 Community Development Block Grant (CDBG) funds remaining from completed projects. Utilization of CDBG funds will require staff to notify HUD of an amendment to the CDBG funding authorization. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Rogers moved that the project and the intent to use CDBG funds be approved. -- carried Motion carried 7 to 0. ART MUSEUM CONTRACT FOR MARKET STUDY FOR WICHITA ART MUSEUM. Chris Cherches City Manager reviewed the Item. Agenda Report No. 95-642. In May, 1995, the City of Wichita issued a Request for Proposal for a marketing analysis for the "Nicholas and Alexandra" Exhibit. This exhibit is a collection of artifacts, sculpture, furniture and paintings available only from the State Hermitage Museum in St. Petersburg, Russia. A grant from the State has made it possible for the City of Wichita to explore the presentation of the Russian "Nicholas and Alexandra" exhibit in Wichita, Kansas. Before committing to the "Nicholas and Alexandra" exhibit, it is necessary to fully research expenses and projected revenues resulting from promotional and marketing efforts for this exhibition. If Wichita were to host this exhibit it is anticipated that tourism and visitations would increase and the City would gain national publicity which would showcase the City's amenities including quality of life and business opportunities. The City's need for a market analysis is based on historical experience of other communities. The City of Memphis hosted the "Catherine the Great" exhibit and boasted income and revenues of $80 million from the public tour and presentation of the exhibit. The same exhibit was presented in Dallas and expenditures far exceeded revenues. Requests for Proposals were solicited from marketing firms to help the City Council make the best and most informed decision about whether or not to proceed with plans to present such an exhibit. The City would be seeking an analysis of the financial feasibility of this exhibit and the economic benefits that might be expected to accrue to the City and the State. The City received five proposals. A citizen's committee comprised of members with experience in museum operations and management of public attractions reviewed the proposals. The committee unanimously recommended the proposal presented by Resnicow Schroeder Associates located in New York, New York. This proposal was recommended based upon defined goals, related experience, detail of work to be performed, and qualifications of the project personnel. Other proposals were not recommended for a number of reasons including: limited research design, lack of experience, and narrow focus of work. The recommended proposal from Resnicow Schroeder Associates was estimated to cost between $38,250 and $48,250 dependent upon the features of work that might be required. Funds from the State grant will be used to finance the feasibility study. Inez Wolins Director of Art Museum said the sense is that these are stellar objects, history museum exhibits. Wichita is joining with convention centers all over the country in thinking about the possibility of revenue generating large-scale exhibitions that also bolster tourism and economic development. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the Contract be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. FINANCIAL REPORT QUARTERLY FINANCIAL REPORT FOR THE PERIOD ENDED JUNE 30, 1995. Ray Trail Director of Finance reviewed the Item and format changes in the Report. As to format changes, the quarterly financial statements have been revised as follows: 1) The transmittal letter has been shortened with an emphasis on bullet highlight statements as opposed to length narrative. 2) There are graphic depictions of trends of the two taxing funds, the General Fund and the Debt Service Fund; and projections to year end are added in the graphs. A variation of the new letter format and the graphs will be issued in future months on a monthly basis beginning with July, 1995, financial so that the Council will have more frequent financial reporting (although abbreviated) than the quarterly statements. Within the Quarterly Report, the budgetary statements have been moved to the front of the report and are color coded gray. These statements show budget to actual and variance trends presenting the best means to review the status of individual funds relative to budget. Council Member Ferris momentarily absent. General Purpose Financial Statements which combine all funds together to report a summary on the entire City finances follow the budgetary statements now and are color coded pink. Mayor Knight momentarily absent with Vice Mayor Kamen in the Chair. Other Financial Information remains as the last section of the report and contains statements which report on the City's cash and investment of pool funds. It is particularly important for the Council to pay close attention to how $170,000,000 of pool funds are invested. In the General Fund, projected revenues are expected to be on budget with expected losses in franchise fees and other areas offset by higher than expected gains in gasoline tax and interest earnings. General Fund expenditures are expected to be approximately $.5 million lower than budget (projected to year end) although General Fund cash will be reduced by year end because a draw down of cash was already a part of the 1995 budget for several one-time expenses. The Debt Service Fund reflects both lower total revenue and lower total expenditures, principally resulting from a delay in issuance of new general obligation sales tax bonds to finance freeway construction - which will still be required but will not be done as early as originally projected because funding was not required. Sales tax revenues are credited to this fund only as needed to service debt service requirements for bonds issued for the freeway program so both sides of the ledger are impacted equally and offset. Water revenues are down compared to last year as a result of lower water consumption. Sewer revenues are higher compared to last year as a result of the 8 percent sewer rate increase approved for 1995. Golf revenues are down compared to last year as a result of the closure of McDonald Park Golf Course for renovation. The Airport continued to be financially constrained and it is expected that the City invoke the airport loan program (adopted in 1993) in the near future. Airport finances have out performed earlier expectations and have delayed the necessity to loan funds to the Airport for the last two years. In the area of investments, the City's portfolio of funds continues to perform well while affording a high degree of security through prudent management. The City's idle fund investments are earning a higher rate of return than any of the benchmarks - those benchmarks being the State Municipal Investment Pool, the three-month treasury bill, and a three- month rate of return which is a blended rate of several types of governmental securities set out in State Law as a minimum investment rate. The Director of Finance, responding to questions, said OCI is down over $.5 million partially because there was a considerable amount of expanded building and renovation in areas as a result of hail storms and weather related damages over several prior years. The City is now catching up with that. Another part of it is that as interest rates have ebbed and flowed, new housing starts change as the interest rates adjust. A more favorable picture may appear as interest rates go back down or stabilize. Council Member Ferris momentarily absent. It was agreed that in terms of growth of building construction in Wichita versus the metropolitan area, there is a higher rate of residential construction outside the City. Recertification of the Property Management and Convention and Tourism Funds has been built into the budgetary process. Mayor Knight Mayor Knight asked for a response (at a later time) with regard to why Capital Projects Funds indicate that the expenditures are down compared to last year and the projects are not getting done. Director of Finance, continuing to respond to questions with regard to sewer utility funds being cash heavy, said that is behind the recommendations made in the upcoming budget that the previously approved rate increases would be eliminated. The three year plans in Water and Sewer of six percent increases in water and eight in sewer previously adopted will be foregone. The City will utilize cash to make up any differential and effectively draw down that cash. It is also being looked in the context of a capital improvement program for the Water and Sewer Utility with the notation that the debt financing plan of the Utilities will come back to the Council in connection with a spring bond issue and we are looking at the use of cash in the utilities partially in lieu of bonding so that future rate increases will not be required. It is projected that rate increases in 1997 could also be positively impacted by the cash position of the Water and Sewer Utility. Mayor Knight Mayor Knight said he would like to know what the 3 percent in water and 8 percent in sewer increases were based on. It seems that there has been a large cash balance available "I just want to know what triggers recommendations from the Water and Sewer Department on rate increases when that seems to be the case." Kelly Carpenter Assistant Director of Finance, responding to a question with regard to capital project funds that are being run in the red, explained that these funds are bonded or temporary noted as interim financing. Revenues from temporary notes do not appear on the income statement but just appear as cash balances. Ray Trail Director of Finance, with regard to the airport trend where expenditures are in excess of revenues, said there is no forecast for mill levy money to be used for the Airport Authority. Previously, there was some concern about the Airport not being able to continue to service its debt and the Airport was looking at the prospect of refinancing all of its existing debt. In lieu of the refinancing, a proposal that was approved involved the City loaning to the Airport money sufficient to meet its cash requirements and its debt service requirements for a period of several years, after which point in time that debt would be substantially paid off and the Airport would be in fairly sound circumstances. There may be a period of several years where the City may have to assist in the loan program and the Airport will pay the City an interest rate for those but at the end of that period (about the year 2000) their debt will be paid off and they will be able to maintain their own. There is no intention of any tax subsidy. Mayor Knight Mayor Knight requested some type of comprehensive outline from the Airport Authority as to how this is all going to be worked out and what the Airport anticipates, in terms of duration, on when the City can expect the Airport expenditures to be equal to or less than their revenues. A workshop briefing would be sufficient. Mayor Knight, regarding Cash Fund balances, said the City is carrying an extraordinary aggregate cash balances and requested information as to how this is occurring and when there will be a leveling out and an equilibrium. Motion -- carried Rogers moved the report be received and filed. Motion carried 7 to 0. EXECUTIVE SESSION Motion -- Knight moved that the Council recess to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to pending litigation, potential litigation, legal advice, and contract negotiations; personnel matters of non-elected personnel; and preliminary discussions relating to the acquisition of real property for public purposes; and the regular meeting be resumed at 2:30 p.m. in the City Council -- carried Chambers. Motion carried 7 to 0. RECESS Council recessed at 1:15 p.m. and reconvened in regular session at 2:37 p.m. Mayor Knight Mayor Knight announced that no action was necessary as a result of the executive session. CITY COUNCIL AGENDA TAX CREDIT DISCUSSION OF POLICY ON TAX CREDIT SUPPORT AND NOTIFICATIONS FOR TAX CREDIT LOW INCOME DEVELOPMENTS. (Requested by Vice-Mayor Kamen) Council Member Kamen Council Member Kamen said that once in a while low income multi-family development tax credit requests for approval are requested of the Council. Council Member Ferris momentarily absent. Council Member Rogers left the Bench. The neighborhood does not know what is going on until a decision has been made. What would be preferred would be a policy where those people within a certain distance from the proposed development would be notified. The CPO for the area and the MAPC would have hearings and the resulting recommendation would come before the Council for a vote before the State is notified. Surrounding neighborhoods would receive notification much like zoning change notifications are made. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Kamen moved that Staff be instructed to return within 30 days with a policy on -- carried this matter. Motion carried 6 to 0. (Rogers absent) LANDFILL LANDFILL: SITING NEW LANDFILL IN A HIGH, DRY, CLAY AREA IN SEDGWICK COUNTY WITHIN FIVE YEARS. (Requested by Council Member Cather) Council Member Cather Council Member Cather said the City is likely to have to buy landfill property within the next twenty years and the purchase should be made before there is too much more development and the costs are more. Council Member Ferris Council Member Ferris stated that staff should be given a formal directive for a one-half day or an all-day workshop in which Staff would give presentations on alternatives and a map of the County would be presented with potential sites for a landfill. Council Member Kamen Council Member Kamen said a landfill will be needed and it will not be in the City. The site should be huge (a section or more) with neighbors a long ways away. There will not be too many places available and there will be a fight. Council Member Cole Council Member Cole said this discussion was had two weeks ago and the Solid Waste Committee asked the Council to give them until the end of August to finish their issue papers and make a presentation to the Council. It is understood that the Solid Waste Committee has made the decision to come to recommendations on certain things and are working toward that goal before the 20th or 22nd of August. It would be good for the Council to have the hearing and vote on this matter so the Council can move forward with todays item. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that Staff be directed to set up a workshop at which time the Council would have the benefit of presentations from the Solid Waste Committee and the different groups that have approached the City on alternatives for disposal of waste; a geographic map of the area; some recommended alternate sites for landfills particularly focusing on those with high, dry, clay soil; and that the workshop be set at a time that is convenient for those groups to meet with the Council. Amendment -- Ferris, with consent of the second, amended the motion to add that the sites should be such that they would be within Sedgwick County and be large sites able to take the City into the distant future. -- carried Motion, as amended, carried 6 to 0. (Rogers absent) APPOINTMENTS APPOINTMENTS TO CITY BOARDS AND COMMISSIONS. Board of Appeals of Air Conditioning, Refrigeration, Warm Air Heating and Boilers (9 vacancies - Council at large) Board of Appeals of Plumbers and Gas Fitters (4 vacancies - Council at large) Board of Code Standards and Appeals (4 vacancies - Cather, Gale, 2-City Manager) Board of Electrical Appeals (5 vacancies - Council at large) Board of Park Commissioners (1 vacancy - Kamen) Board of Zoning Appeals (1 vacancy - Cole) Civil Rights and Services Board (1 vacancy - Cole) Commission on the Status of People with Disabilities (6 vacancies - Cole, Kamen, Ferris, Gale, 2-Rogers) Group Life Insurance Board of Trustees (1 vacancy - Council at large) Metropolitan Area Planning Commission (1 vacancy - Rogers) Public Art Advisory Board (1 vacancy - Council at large) Traffic Commission (2 vacancies - Ferris, Gale) Wichita Athletic Commission (2 vacancies - Council at large) Wichita Commission on the Status of Women (2 vacancies - Knight, Kamen) Wichita Public Building Commission (3 vacancies - Gale, Kamen, Knight) Wichita-Sedgwick County Alcohol and Drug Abuse Advisory Board (2 vacancies - Council at large) Wichita Sedgwick County Solid Waste Management Committee (1 vacancy - City/County Chair - Knight) Appointments will be for terms expiring June 30, 1997. Motion -- Ferris appointed Jack Oliver - Traffic Commission and moved that the appointment -- carried be approved. Motion carried 6 to 0. (Rogers absent) Motion -- Cather appointed Richard Seaton - Public Art Advisory Board and moved that the -- carried appointment be approved. Motion carried 6 to 0. (Rogers absent) Mayor Knight Mayor Knight requested suggested names for his appointment to the Commission on the Status of Women. Council Member Cole said she would provide a name. APPOINTMENTS TO HUMAN SERVICES BOARD. The following persons were elected as low-income members to the Human Services Board: Alfonza Watson (Northeast); Rev. Wanda M. McDaniels (Northwest); Anne Stroud (Southwest); and Rev. D. Jack Myers and Marge Zakoura-Vaughan (Southeast). Appointments will expire July 12, 1997. Motion -- Knight appointed Alfonza Watson (Northeast); Rev. Wanda M. McDaniels (Northwest); Anne Stroud (Southwest); and Rev. D. Jack Myers and Marge Zakoura-Vaughan -- carried (Southeast), and moved that the appointments be approved. Motion carried 6 to 0. (Rogers absent) APPOINTMENT TO CPO 4 COUNCIL (SOUTHWEST). CPO Council Four members have nominated Larry D. Bush, 907 E. Mona Circle, to fill a vacancy in Subdistrict 4.3. Motion -- Gale appointed Larry D. Bush and moved that the appointment be approved. Motion -- carried carried 7 to 0. (Rogers absent) PROCLAMATION PROCLAMATION. -- Wichita Summer Nationals Weekend Motion -- carried Knight moved that the proclamation be authorized. Motion carried 7 to 0. CONSENT AGENDA Knight moved that the Consent Agenda be approved in accordance with the recommended action shown thereon. Motion carried 6 to 0. (Rogers absent) BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED JULY 31, 1995. At 10:00 a.m., Friday, July 28, 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 7/31/95) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Alexander from the north line of 46th Street North to the south line of 49th Street North Beulahland Third and Fourth Additions (west of Seneca, south of 53rd Street North). (472-82546/762930/490396) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 01-24-95) (District VI) Ritchie Paving - $116,375.00 Carr Avenue from the east line of 119th Street West to the northwest corner of Lot 22, Block A, Lark Addition; Carr Courts from the south line of Carr Avenue to and including the cul-de-sac to serve Lots 1 through 12, Block B and from the south line of Carr Avenue to and including the cul-de-sac to serve Lots 13 through 24, Block B; and Carr Circle from the north line of Carr Avenue to and including the cul-de-sac to serve Lots 10 through 22, Block A, Lark Addition (south of Kellogg, east of 119th Street West). (472-82548/763219/490424) Does not affect existing traffic. (Council approval date 02-07- 95) (District V) Asphalt Construction - $220,020.05 Water Distribution System to serve White Tail Addition (south of 13th, west of 127th Street East). (448- 88770/732644/470342) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 11-30-93) (District n/a) WBW Contractors - $24,145.00 Water Distribution System to serve Reflection Ridge Seventh Addition (south of 29th Street North, west of Ridge). (448-88899/732719/470349) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 03-21-95) (District V) Nowak Construction - $75,705.04 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. (Rogers absent) PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS DIVISION: REPLACE CEILING SUPPORT TRACKS AND CARRIERS AT CENTURY II AS PER SPECIFICATIONS Western Fireproofing Company of Kansas - $46,950.00 WATER & SEWER DEPARTMENT/DISTRIBUTION DIVISION: PAVING BREAKERS AND MOUNTINGS AS PER SPECIFICATIONS Wichita Ford Tractor - $33,948.00 (Total Net Bid) HUMAN SERVICES DEPARTMENT/WEATHERIZATION: REMOVAL AND REPLACEMENT OF FORTY-EIGHT (48) EXISTING ALUMINUM FRAMES AND GLASS WINDOWS AT CALVARY TOWERS SENIOR HOME AS PER SPECIFICATIONS Wickham Industries, Inc. - $27,899.00 Knight moved that the contracts be awarded as outlined above, same being the lowest and best bid. Motion carried 6 to 0. (Rogers absent) POLICE DEPARTMENT: 9MM PISTOLS AS PER SPECIFICATIONS [National Police Supply requested to withdraw bid due to their failure to include pricing for CHP guide rod and extra cost for shipping outside primary area of responsibility. Redirect the bid and award to Law Enforcement Equipment, Co.; advise National Police Supply of their responsibility for the $512.05 difference between their bid and the awarded bid.] Law Enforcement Equipment Co. - $21,259.10 (Total Net Bid) Knight moved that the bid be redirected and the Contract be awarded as outlined above, same being the lowest and best bid. Motion carried 6 to 0. (Rogers absent) LICENSE APPLICATIONS APPLICATIONS FOR LICENSES. Adult Entertainment Valerie Washington T.B.'s 1515 S. Oliver Retail Cereal Malt Beverages Special Event Ronald D. Muth Oz Fest (KICT) West Bank Stage M. Duane Oblander Wichita Summer Nationals916 S. McLean Renewal 1995 (Consumption on Premises) Teresa J. Roll Pizza Hut #301020*8977 W. Central (Consumption off Premises) Ralph McGuire Dillon Store No. 7210515 W. Central Ralph McGuire Dillon Store No. 261227 S. Hydraulic Benjamin J. Schultz T & E Oil Co., Inc.3935 N. Broadway *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. (Rogers absent) PLANS AND SPECS. PLANS AND SPECIFICATIONS. a. 1995 Sanitary Sewer Rehabilitation Program to construct sewers at 10th and State Street and 2nd Street west of Broadway. (468-82484/621094/533213) One-way, one lane traffic to be maintained through construction using flagpersons and barricades. (Council approval date 07-11-95) (District 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., August 11, 1995. Motion carried 6 to 0. (Rogers absent) b. 1995-1996 CDBG Curb and Gutter Repair of various locations. (617506/814001) Traffic to be maintained through construction. (Council approval date 03-14-95) (District all) c. Water Distribution System to serve Sunridge Second Addition (north of 13th, east of 119th Street West). (448-88553/732784/470356) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 03-17-93) (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., August 18, 1995. Motion carried 6 to 0. (Rogers absent) PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. Alexander from the north line of 46th Street North to the south line of 49th Street North Beulahland Third and Fourth Additions (west of Seneca, south of 53rd Street North) - $164,300.00. (472-82546/762930/490396) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 01-24-95) (District VI) b. Carr Avenue from the east line of 119th Street West to the northwest corner of Lot 22, Block A, Lark Addition; Carr Courts from the south line of Carr Avenue to and including the cul-de-sac to serve Lots 1 through 12, Block B and from the south line of Carr Avenue to and including the cul-de- sac to serve Lots 13 through 24, Block B; and Carr Circle from the north line of Carr Avenue to and including the cul-de-sac to serve Lots 10 through 22, Block A, Lark Addition (south of Kellogg, east of 119th Street West) - $222,506.00. (472- 82548/763219/490424) Does not affect existing traffic. (Council approval date 02-07-95) (District V) c. Water Distribution System to serve White Tail Addition (south of 13th, west of 127th Street East) - $47,000.00. (448-88770/732644/470342) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 11-30-93) (District n/a) d. Water Distribution System to serve Reflection Ridge Seventh Addition (south of 29th Street North, west of Ridge) - $104,834.00. (448-88899/732719/470349) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 03-21-95) (District V) Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 6 to 0. (Rogers absent) PETITION PETITION (100%) FOR DECEL LANE ALONG THE NORTH SIDE OF 21ST STREET NORTH, EAST OF TEE TIME. (District V) Agenda Report No. 95-643. The signatures on the petition represent 100% of the improvement district. The deceleration lane will provide safer access and improved traffic flow to the Reflection Ridge development. The estimated project cost is $6,000. The funding source is Special Assessments. Motion -- Knight moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. 4-95-377 Resolution of findings of advisability and Resolution authorizing constructing a decel lane on the north side of 21st Street East of Tee Time, Project No. 472-82617, 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. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. BOARDS MINUTES MINUTES OF ADVISORY BOARDS. Board of Code Standards and Appeals, 7/10/95 CPO Northeast Council 1, 7/24/95 CPO East Council 2, 7/24/95 CPO Southeast Council 3, 7/27/95 CPO North Central Council 6, 7/26/95 Wichita Commission on the Status of Women, 7/5/95 Wichita/Sedgwick County Alcohol and Drug Abuse Advisory Board, 7/13/95 Wichita/Sedgwick County Emergency Communications Advisory Board, 7/19/95 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 6 to 0. (Rogers absent) STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. Agenda Report No. 95-657. In December 1994, the Kansas Department of Transportation (KDOT) awarded a contract to Dondlinger and Sons Construction Company, Inc. to reconstruct Kellogg from the Mid Continent Interchange to I-235. On Tuesday, August 8, 1994, KDOT will implement the following traffic control measures: 1. The ramp from southbound I-235 to westbound Kellogg will be closed. The ramp will be closed for one year. Motorists who use this ramp should exit I-235 at Central, travel west on Central to Ridge Road, and then travel south on Ridge Road/Mid Continent Road to Kellogg. 2. The ramp from eastbound Kellogg to southbound I-235 will be closed. The ramp will be closed for one year. Motorists who use this ramp should continue east on Kellogg to the K-42 exit, and then travel southwesterly on K-42 to I-235. 3. All access to and from Hoover Road at Kellogg will be permanently eliminated. Motion -- Knight moved that the traffic control measures be approved. Motion carried -- carried 6 to 0. (Rogers absent) PROPERTY ACQUISITION PAYMENT OF APPRAISER'S AWARD, FEES AND COURT COSTS IN CONNECTION WITH EMINENT DOMAIN (CASE NO. 95C141). Agenda Report No. 95-644. On January 13, 1995, the City filed an eminent domain proceeding to acquire two tracts of land in connection with planned redevelopment of 21st Street in the area west of Grove Street. Both tracts are owned by the same company. Both tracts are total takings. The first tract (2149 E. 21st) is improved with a concrete block and brick building and is used as a restaurant. The second tract (2157 E. 21st) is improved with a concrete block and brick building which is used as a convenience store. On July 28, 1995, the court-appointed appraisers filed their report in this case. They assessed damages of $20,100 for the restaurant tract and $29,970 for the convenience store tract. The total amount of their award is $50,070. The court allowed the three appraisers a fees totaling $5,400 for their work and assessed court costs of $66.50 against the City. In order for the City to acquire this property for use in connection with its planned redevelopment project along 21st Street it is necessary for it to pay the sum of $55,536.50 to the Clerk of the District Court on or before August 28, 1995. These acquisition costs are to be charged to the UBI redevelopment capital project. Motion -- Knight moved that payment to the Clerk of the District Court of the appraisers' award, fees, and court costs in the total amount of $55,536.50 be authorized. -- carried Motion carried 6 to 0. (Rogers absent) STORM WATER PROGRAM 1995 STORM WATER SEWER AND INLET AND STREAM RESTORATION PROGRAM. Agenda Report No. 95-645. Funding is allocated in the Capital Improvement Program for major drainage projects. In addition, a Storm Water Sewer and Inlet Rehabilitation Program to repair unidentified storm water sewers and inlets is also included, as well as a Stream Restoration Program for repairing eroding channel banks, damaged ditch liners, and other dilapidated stream and channel infrastructure. As a part of the Storm Water Utility Maintenance Program, an Inlet Inspection and Analysis Program was started to determine the condition of the existing drainage infrastructure. The 1994 Storm Water Sewer and Inlet Rehabilitation Program was able to complete 175 inlets, 88 linear feet of storm water sewer pipe, and 20 linear feet of curb and gutter throughout the City of Wichita. The purpose of the project is to provide funding for the repair and rehabilitation of storm sewer pipes, inlets and channel repairs on an as needed basis throughout the year. A contract will be let which addresses the worst locations first as identified by the inspection and analysis program. Repairs will then be made to as many locations as funding allows. The project will be funded by cash payments from Storm Water Utility revenues. The total amount budgeted in the 1995 Storm Water Utility budget is $450,000. Motion -- carried Knight moved that the project be approved. Motion carried 6 to 0. (Rogers absent) BIKE PATH DESIGN OF ARKANSAS RIVER BIKE PATH, MERIDIAN TO 13TH STREET. Agenda Report No. 95-646. The 1995-2004 Capital Improvement Program includes funding for the design of a bike path along the west bank of the Arkansas River, Seneca to 13th (P-9304, page 233). The project is also a part of the Comprehensive Bicycle Plan. The proposed project actually encompasses the section from Meridian to 13th Street--the section from Seneca to Meridian is included in the downtown Riverbank Improvements project. The proposed bike path will connect to the existing and proposed paths on the west/south bank of the Arkansas River. The Kansas Department of Transportation (KDOT) has approved the construction part of this project for 80% federal funding. Construction is scheduled for 1997. The Project budget is $40,000. The funding source is General Obligation Bonds. The $40,000 is budgeted in 1996, but staff recommends that the design begin right away so that KDOT's design time schedule can be met. Motion -- Knight moved that the Project be approved and the Resolution be adopted; and the Staff Screening and Selection Committee be authorized to select a design -- carried engineer. Motion carried 6 to 0. (Rogers absent) RESOLUTION NO. R-95-378 A Resolution authorizing the issuance of bonds by the City of Wichita at-large to construct a bicycle path on the west bank of the Arkansas River, from Seneca to 13th Street, Project No. 472-82619, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. BRANDT COMMERCIAL ADDN. DESIGN SERVICES FOR BRANDT COMMERCIAL ADDITION. Agenda Report No. 95-647. The City Council approved the Brandt Commercial Addition development on December 13, 1994. The proposed Agreement between the City and Baughman Company, P.A. provides for the design of accel/decel lanes, left turn lanes, traffic signalization and sidewalk along 13th and Maize. Because Baughman Company, P.A. provided subdivision engineering services for this addition, it can expedite construction plan preparation. Payment will be on a lump-sum basis not to exceed $11,450 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 6 to 0. (Rogers absent) LAKE RIDGE SECOND ADDN. DESIGN SERVICES FOR LAKE RIDGE SECOND ADDITION. Agenda Report No. 95-648. The City Council approved the Lake Ridge 2nd Addition development on October 19, 1993, and June 27, 1995. The proposed Agreement between the City and Baughman Company, P.A. provides for the design of Lateral 1, Main 16, Southwest Interceptor; Water Distribution System No. 448-88729; and paving Sand Plum, Sand Plum Courts, decel lane and left turn lane on 21st and sidewalk (north of 21st, east of Ridge). Because Baughman Company, P.A. provided subdivision engineering services for this addition, it can expedite construction plan preparation. Payment will be on a lump-sum basis not to exceed $49,100 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 6 to 0. (Rogers absent) LARK ADDITION DESIGN SERVICES FOR LARK ADDITION. Agenda Report No. 95-649. The City Council approved the Lark Addition development on February 7, 1995. The proposed Agreement between the City and Baughman Company, P.A. provides for the design of paving Carr Avenue, Carr Courts and Carr Circle (south of Kellogg, east of 119th Street West). Because Baughman Company, P.A. provided subdivision engineering services for this addition, it can expedite construction plan preparation. Payment will be on a lump-sum basis not to exceed $13,400 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 6 to 0. (Rogers absent) SUNRIDGE SECOND ADDN. DESIGN SERVICES FOR SUNRIDGE SECOND ADDITION. Agenda Report No. 95-650. The City Council approved the Sunridge 2nd Addition development on March 17, 1992. The proposed Agreement between the City and Moehring & Associates provides for the design of Lateral 33, Main 12, Southwest Interceptor; Water Distribution System No. 448-88553; and paving 18th Street, Covington, Gray, Denise Marie, Westport, Shefford and sidewalk (north of 13th, east of 119th Street West). Because Moehring & Associates provided subdivision engineering services for this addition, it can expedite construction plan preparation. Payment will be on a lump-sum basis not to exceed $23,015 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 6 to 0. (Rogers absent) MIS PLAN CONTRACT MANAGEMENT INFORMATION SYSTEMS (MIS) PLAN CONTRACT AMENDMENT. Agenda Report No. 95-651. On November 29, 1994, the City Council approved a contract with the Warner Group to be the consultants for the Management Information System (MIS) plan. The scope of the Warner Group's proposal included performing a detailed internal and external assessment, developing an MIS vision and mission statement, and determining strategic actions. The Warner Group has worked closely with City Staff in developing the MIS Plan. Aside from individual meetings with all department heads and over 15 focus group sessions with employees, the Warner Group has worked closely with the MIS Task Force, comprised of representatives from almost every department. The Task Force was responsible for determining the framework for the the MIS Plan. The Warner Group has completed their current scope of study. However, before priorities can be established a detailed cost analysis, a comprehensive timetable, an evaluation of the fee structure, and an analysis of the staffing requirements must be completed. The Warner Group has the experience and expertise to effectively complete these tasks. The original contract with the Warner Group would need to be amended to expand the scope of these services. Funding has been approved through the 1995 budget process to contract with a MIS plan consultant. The cost for the amendment and expansion of the scope of work is $23,230. Motion -- Knight moved that the Contract Amendment be approved and the Mayor be authorized -- carried to sign. Motion carried 6 to 0. (Rogers absent) SOUTH LAKES PARK IMPROVEMENTS TO SOUTH LAKES PARK. Agenda Report No. 95-652. The Kansas Department of Wildlife and Parks has approved a Capital Lake Assistance Program grant in the amount of $200,000 to assist with construction of a 10-acre fishing lake at South Lakes Park. The City is obligated to provide a 25 percent matching amount ($50,000) as a requirement to accepting the grant. The project will include lake construction and earthwork at the site. Estimated cost of the project is $250,000 with the Kansas Department of Wildlife and Parks providing $200,000 and the City providing matching funds in the amount of $50,000. Motion -- Knight moved that the project be approved and the Resolution be adopted. Motion -- carried carried 6 to 0. (Rogers absent) RESOLUTION NO. R-95-379 A Resolution finding it necessary to make certain improvements at South Lakes Park and authorizing the issuance of bonds by the City of Wichita at-large to finance such improvements, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. PROPERTY ACQUISITION ACQUISITION BY EMINENT DOMAIN OF SEWER RIGHT-OF- WAY ON PROPERTY IN THE VICINITY OF 37TH STREET NORTH AND LAWRENCE. Agenda Report No. 95-653. The City's Public Works Department has identified the need to acquire an easement for sewer purposes over property in the vicinity of 37th Street North and Lawrence. This easement is needed in connection with Lateral 128, Main 4, Sanitary Sewer #23. This property is owned by Geo. C. Christopher and Son, Inc. The proposed taking will not interfere with any structures nor will it require any occupants to vacate the property. City staff has attempted to negotiate a purchase of the identified property but has been unable to reach any agreement with the owners. The City is empowered to acquire this property under its eminent domain authority. The costs of such acquisition are to be paid by the by a benefit district. Motion -- Knight moved that the ordinance providing for the acquisition by eminent domain and directing the City Attorney to file the appropriate proceedings in the -- carried District Court be placed on first reading. Motion carried 6 to 0. (Rogers absent) ORDINANCE An Ordinance providing for the acquisition by eminent domain of certain private property, easements and right- of-way therein, for the purpose of constructing, operating and maintaining a sanitary sewer and to be known as Lateral 128, Main 4, Sanitary Sewer No. 23 in the City of Wichita, Sedgwick County, Kansas; designating the lands required for such purposes and establishing a benefit district 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, introduced and under the rules laid over. ORDINANCES SECOND READING ORDINANCES. (First Reading 8/1/95) ORDINANCE NO. 42-825 Notes Disclosure An Ordinance creating Section 2.05.020 of the code of the City of Wichita, Kansas, establishing a master undertaking to provide ongoing disclosure in connection with general obligation temporary notes issued by the City of Wichita, Kansas, for distribution in public offerings, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. ORDINANCE NO. 42-826 47th South An Ordinance declaring 47th Street South, from Seneca to Broadway (472-82604) 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 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. ORDINANCE NO. 42-827 31st South An Ordinance declaring 31st Street South, from Southeast Boulevard to the Kansas Turnpike (472-82614) 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 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. PLANNING AGENDA V-1926 PUBLIC HEARING V-1926 - REQUEST TO VACATE A UTILITY EASEMENT SOUTH OF 45TH STREET NORTH AND EAST OF ROCK ROAD. Agenda Report No. 95-654. Staff Recommendation: Approve vacation of utility easement. MAPC Recommendation: Approve vacation of utility easement. A small portion of a planned house would encroach a platted side yard utility easement. In order to properly position the planned house, the applicant is requesting to vacate the involved portion of utility easement. To offset the area being vacated, additional easement is being granted by separate instrument. City Engineering and the representatives of the utilities on the Subdivision Committee have indicated that the vacation and substitute easement would be acceptable. The vacation request has been reviewed and approved by the Planning Commission, subject to conditions. Utility Easement Utility Easement from Leewood Homes, Inc. 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 and Utility Easement be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order and the Utility Easement be recorded with the -- carried Register of Deeds. Motion carried 6 to 0. (Rogers absent) Z-3173 Z-3173 - LOVE BOX COMPANY REQUESTS ZONE CHANGE FROM "F" HEAVY INDUSTRIAL TO "C" COMMERCIAL, LOCATED SOUTHEAST CORNER OF 37TH STREET NORTH AND SANTA FE STREET. Agenda Report No. 95-655. Staff Recommendation: Approve. MAPC Recommendation: Approve. CPO Recommendation: Approve 5-1. The applicant requests a zone change from the 'F' Heavy Industrial District to the 'C' Commercial District for a 3.25 acre site located at the southeast corner of 37th Street North and Santa Fe Street (725 East 37th Street North). The Love Box Company, Inc. proposes a private school for this location. The site is currently developed with a structure that includes warehouse activities, as well as the Christian Worldview Library, Employee Health Center, and a private school for the Love Box Company, Inc. employees. This is a revised application from a request for 3,300 square feet of 'C' zoning that was denied by the Wichita City Council in 1993. During the 1993 hearings, concerns were expressed about spot zoning, the suitability of the area for educational purposes, and conflicts / hazards of mixing schoolchildren with truck loading activities. In the proposed "Unified Zoning Code for Wichita-Sedgwick County", schools (elementary, middle, and high schools) would be permitted in industrial zoning districts as a Conditional Use. However, in the existing City Zoning Code, schools are prohibited in the 'OC' Office Commercial, 'E' Light Industrial, and 'F' Heavy Industrial Districts. The 'F' district specifically prohibits uses, including schools, first allowed in the 'AA' Single Family Dwelling District. Currently, the requested 'C' Commercial District is the most intensive district which permits schools. Although a library, health center, and private school are operating in the existing structure, these uses are considered "ancillary" activities to the industrial use and are therefore permitted in the 'F' District. All property surrounding the application area is zoned 'F' Heavy Industrial. The site is bordered by the Love Box Company Corporate Offices to the north, railroad tracks and Evcon Industries to the east, a vacant lot (zoned 'F') to the west, and the Love Box warehousing operations to the south. On August 17, 1993, the Wichita City Council voted 5-2 to deny the request. The Council's findings were the following: the surrounding area is zoned 'F' and the City's zoning ordinance does not permit uses allowed in the residential districts to be developed in the industrial districts because those kinds of uses are considered to be incompatible; the industrial character of the area and the odor, noise, traffic and other impacts associated with industrial uses; there are more suitable sites in the community for schools; the Comprehensive Plan identifies this area for industrial uses and does not indicate that schools or other uses commonly found in residential districts should be mixed with industrial uses; and denial of 'C' zoning should not reduce the value of the applicant's property because it is substantially used for industrial purposes. 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 Z-3173 Ordinance be placed on first reading. Motion carried -- carried 6 to 0. (Rogers absent) Z-3174 Z-3174 - KANSAS NEWMAN COLLEGE REQUESTS ZONE CHANGE FROM "AA" ONE FAMILY DWELLING DISTRICT TO "BB" OFFICE DISTRICT, NORTHWEST CORNER OF MCCORMICK AND ALL HALLOWS AVENUE. Agenda Report No. 95-656. Staff Recommendation: Approve, subject to dedicating by separate instrument, an additional 20 feet of right-of-way along McCormick. MAPC Recommendation: Approve., subject to dedicating by separate instrument, an additional 20 feet of right-of-way along McCormick. CPO Recommendation: Approve, subject to dedicating by separate instrument, an additional 20 feet of right-of-way along McCormick. (7-0). The applicant requests a zone change from the 'AA' One Family Dwelling District to the 'BB' Office District for 0.4 acres platted as Lots 13, 15, 17, 19, and 21, Block 7, College Green Addition and located at the northwest corner of McCormick and All Hallows. The site is currently undeveloped. The Kansas Newman College proposes to construct a four-car garage on the property, which would serve the duplex housing units on the east side of All Hallows, also owned by the College. Although intended for residential use, the proposed garage is considered an off-site "accessory" structure. Therefore, a zone change for 'BB' is necessary for the structure. The property is surrounded by duplex and multiple family housing on the east side of All Hallows (zoned 'BB'), undeveloped and unplatted property to the south, and undeveloped property to the west and north. The Kellogg freeway is also located further north of this area. Both the north and south sides of McCormick are zoned 'E' Light Industrial west of Leonine. Dedication Dedication from Kansas Newman College. 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 Z-3174 Ordinance be placed on first reading; and the Dedication be received and filed and recorded with the Register of Deeds. Motion -- carried carried 6 to 0. (Rogers absent) ORDINANCE An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, introduced and under the rules laid over. Z-3174 ADJOURNMENT The City Council Meeting adjourned at 2:50 p.m. Pat Burnett Deputy City Clerk Workshop: 1996 Budget COUNCIL PROCEEDINGS JOURNAL 159 AUGUST 8, 1995 Page 1