MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, March 7, 1995 Tuesday, 9:14 A.M. The City Council met in regular session with Mayor Broadfoot in the Chair. Council Members Cather, Cole, Kamen, Rogers; present. Council Members *Ferris, Reeser; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Patricia L. Burnett, Deputy City Clerk; present. The invocation was given by Rev. Edwina Pote, First Church of the Brethren. 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 February 28, were -- approved approved 5 to 0. (Ferris, Reeser; absent) AWARDS AND PRESENTATIONS Council Member Ferris present. SERVICE CITATIONS Mayor Broadfoot presented Distinguished Service Citations to those present. Council Member Ferris left the Bench. PROCLAMATIONS Mayor Broadfoot presented the Proclamations that were previously approved. Council Member Ferris present. PUBLIC AGENDA TERESA AMARO COMMENTS BY TERESA AMARO, COMMISSION ON THE STATUS OF WOMEN. Teresa Amaro Teresa Amaro said the Commission on the Status of Women had assisted the U.S. Department of Labor in implementing a survey titled "Working Women Count" which pertained to the current work environment that exists for women, concerns women have about their jobs, and the future of women in the work place. On March 4, 1995, the Commission on the Status of Women joined with the U.S. Department of Labor, Kansas City Regional Office, and held a forum and ideas resulting from the forum will be added to other such forum ideas. All of the ideas and suggestions will be part of a Presidential Report which will be distributed in April. The Commission on the Status of Women intends to launch an informational campaign based on the Report. UNFINISHED BUSINESS FLOOD INSURANCE STUDY FLOOD INSURANCE STUDY UPDATE. Continued from February 28, 1995, for additional information. On November 7, 1994, the Staff Screening and Selection Committee selected Professional Engineering Consultants (PEC) to update the City of Wichita's Flood Insurance Study as it applies to Cowskin Creek, Lower Big Slough, and the Wichita Drainage Canal drainage basins. The purpose of the study is to evaluate floodplain boundaries and water surface profiles for the 10, 50, 100 and 500 year floods. PEC's recommendations will include solutions to flooding problems ranging from improved flood control systems to creating additional open space in order to manage flood flows. In addition, some current structures may be removed from floodplain fringes due to recent drainage improvements, thus negating the need for the owner to pay flood insurance. The most recent maps the City has were prepared in 1986. Since that time, new development and several drainage projects have changed drainage characteristics and flood boundaries. Mapping the actual boundary lines according to today's conditions may allow for new development. Also, several properties which are currently carrying flood insurance may possibly be removed from flood zones, thereby eliminating the requirement for flood insurance. Payment to PEC will be on a cost plus percentage of cost basis with total payments not to exceed $150,000. Funds are available in the 1994 Capital Improvement Program (CIP Project No. D-9208) and will be paid from Storm Water Utility funds. Council Member Cather Council Member Cather said his initial concern was that this would lead to more development within the 100 year floodplain. The City, however, needs to proceed with the study in order to properly advise citizens. Motion -- Cather moved that the project be approved; the Agreement be approved and the Mayor be authorized to sign; and the Ordinance be placed on first reading. -- carried Motion carried 6 to 0. (Reeser absent) ORDINANCE An Ordinance declaring it necessary to authorize improvements to the Flood Insurance Study (Project No. 468- 82430, in the City of Wichita, Kansas; ordering and providing for the improvements thereof; and providing for payment of the cost thereof, introduced and under the rules laid over. SUMP PUMP INSPECTIONS SUMP PUMP INSPECTION PROCEDURES. Agenda Report No. 94-416 A. At its meeting on June 14, 1994, the City Council adopted amendments to Chapter 16 of the City Code regarding the inspection and enforcement of the sanitary sewer system. When the ordinance amendments were being considered, an attorney general's opinion was sought on the right of entry. At the February 14, 1995, City Council meeting, staff was directed to develop amendments to Sections 16.04.290 and 16.04.300 to "correspond with the June 13, 1994, recommendation of the Kansas Attorney General." The Water & Sewer Department, with Law Department review, has developed and implemented a departmental policy and procedure which sets forth the process and procedures to be followed for inspecting and enforcing the provisions of the Code. To date, the department has conducted several thousand inspections. No problems have been encountered with the inspection program or for refusal to allow entry for inspection or for failure to correct a problem that was discovered as a result of an inspection. As requested by the City Council, the Legal Staff has prepared an ordinance amendment which prohibits penalizing a property owner for refusing entry to City representatives for the purposes of inspecting for illegal discharges into the sanitary sewer system. Should the City not provide a procedure for discovering and eliminating sources of extraneous flows into its sanitary sewer system, increased cost for transporting and treating flows will be incurred. Additionally, the public health and private property is placed at risk from the backups and overflows which may result from the surcharging of the sewer system that can result from such extraneous flows. The Law Department has reviewed existing ordinances and the Water & Sewer Department's policy and procedures; it does not see any conflict with the State or National Constitutions. Motion -- Kamen moved that the Ordinance be placed on first reading. Motion carried -- carried 6 to 0. (Reeser absent) ORDINANCE An Ordinance amending Section 16.04.330 of the City Code pertaining to the right of entry to inspect for violations of Sections 16.04.290 and 16.04.300 and repealing the original of said Section, introduced and under the rules laid over. NEW BUSINESS PAVING PETITION PETITION TO PAVE LARK LANE SOUTH OF KELLOGG. (District V) Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 95-168. Lark Second Addition is being platted as a new single-family development along the west side of Lark Lane south of Kellogg. One of the platting requirements is to pave Lark to urban standards, including curbing and sidewalks. A petition, signed by the developer, was submitted in support of the project. The petition represented 67% (1 of 14 ownerships) of the improvement district area. The cost of the project was to be split between the existing property owners on the east side of Lark Lane and the new addition on the west side of Lark Lane, with the existing property owners on the east side paying approximately 1/2 of the total cost. CPO Council 5 voted 7-0 to recommend denial of the petition. The property owners along the east side of Lark, which are included in the improvement district, were present in opposition to the special assessments. The developer of Lark 2nd Addition subsequently submitted a new petition and agreed to pay 100% of the roadway cost, including sidewalks. This will reduce the cost to the property owners on the east side to only the actual construction cost of building drive approaches (approximately $800-$1,200) to serve the properties. The petition provides for a collector street (32 foot wide roadway) with curb and gutter. A sidewalk would be constructed along the west side of the street. The budget is $296,000. The funding source is Special Assessments. Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard. Doyle Oneslager Doyle Oneslager said the residential property owners still were having to pay for driveways that they did not need and did not want to pay for. Mike Lindebak City Engineer said the property owners were only being assessed for the driveways to their own residences. The petitioner was paying for all of the street paving assessment. Council Member Ferris Council Member Ferris explained that the developer must pave the road. The developer will pay for all of the street paving but the City cannot force the developer to pay for the driveways. Motion -- Ferris moved that the project be approved and the Resolution be adopted. -- carried Motion carried 6 to 0. (Reeser absent) RESOLUTION NO. R-95-083 Resolution of findings of advisability and Resolution authorizing improving of Lark Lane from the south line of Lark Second Addition to the Atchison, Topeka, Santa Fe Railroad and that sidewalk be constructed along the west side of Lark Lane Project No. 472-82569, in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Ferris moved that the Resolution be adopted. Motion carried 6 to 0. Yeas: Cather, Cole, Ferris, Kamen, Rogers, Broadfoot. (Reeser absent) SS PETITION PETITION TO CONSTRUCT A SANITARY SEWER TO SERVE LOT 1, OVERHOLT ADDITION LOCATED SOUTH OF 47TH STREET SOUTH, WEST OF VICTORIA. (District IV) Motion -- Broadfoot moved that, because this Item is in Council Member Reeser's District, -- carried this Item be deferred one week. Motion carried 6 to 0. (Reeser absent) (The time certain items will be shown in the order taken up.) UNATTENDED VEHICLES ORDINANCE PERTAINING TO UNATTENDED VEHICLES. On January 31, 1995, Staff was requested to work with Council Member Ferris to review the Ordinance for possible amendment. Gary Rebenstorf Director of Law said Home Rule allows more restrictive ordinances to be adopted but not more lenient ordinances than the State law provides for. The amendment being considered would be more lenient than State law. No action was taken on this Item. CLUB NOISE VIOLATIONS ORDINANCE PERTAINING TO NOISE VIOLATIONS BY CLUBS. Gary Rebenstorf Director of Law reviewed the Item. Agenda Report. Citizens living in the area of certain establishments licensed to sell cereal malt beverages (CMB) or alcoholic liquor have continually complained about excessive noise coming from these establishments. Sections 7.41.010 and 7.41.030 provide that it is a misdemeanor for any person to allow excessive noise to occur within the city limits. These Code sections are handled as criminal violations through the Municipal Court, and subject the violator to a fine of up to $1,000 and/or 6 months in jail. At the present time, a violation of either of these Code sections has no impact upon an establishment's license to sell CMB or alcoholic liquor. Inquiry was made by Council member Ferris whether repeated violations of these Code sections at such establishments could be grounds for suspension of liquor or CMB licenses. There are two proposed ordinance amendments herein. The licensing scheme in the City Code for on-premises sale of alcohol have parallel chapters, one dealing with taverns that are licensed to sell only CMB, and one dealing with drinking establishments and drinking establishments/restaurants that are licensed to sell alcoholic liquor. Therefore, an amendment is proposed to each respective chapter which gives the chief of police the authority to suspend the license of any establishment licensed to sell either CMB or alcoholic liquor for repeated violations of the City's ordinance prohibiting excessive noise. The license holder must be given 5 days' written notice and may appeal the order of suspension to the City Council. The amendments further provide for an increased suspension period for each subsequent violation of the noise ordinance within a three year period of time that can be attributed to the licensee, his or her manager, employee or agent, or any person under the licensee's direction and control. A first violation results in a written warning from the chief of police, a second violation is a one day suspension, a third is a one week suspension, and upon a fourth or subsequent violation, the license is suspended for one year. If the order of suspension from the chief of police is upheld by the City Council upon appeal by the licensee, then that decision may be appealed to the District Court, as with any other action taken by the Council upon a license issued by the City. Finally, the amendments provide that the chief of police notify the city manager prior to issuing any suspension order under either ordinance. Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard. Richard Julius Richard Julius, owner of Frankie's Lounge, said previous complaints against Frankie's were unjustified as the Lounge was in compliance with the noise ordinance. The person doing the constant complaining lives 200 feet away and is deaf; he just does not want a club in the area. Council Member Ferris Council Member Ferris said clubs which were in compliance with the noise ordinance should have no problem. The ordinance would allow remedy for those clubs which are not in compliance and do not try to be in compliance. John Dixon John Dixon, Manager of Frankie's Lounge, said there is already an ordinance in place which has penalties. Council Member Ferris Council Member Ferris said there is a noise ordinance and this amendment would apply the provisions of the noise ordinance to clubs. K.D. Davis K.D. Davis spoke against ordinance which place restrictions on businesses. Motion -- Ferris moved that the wording in the ordinances presented be changed from "within any three year period of time" to "within any two year period of time" and be -- carried placed on first reading. Motion carried 6 to 0. (Reeser absent) ORDINANCE An Ordinance amending Section 4.12.090 of the Code of the City of Wichita, Kansas, pertaining to the authority of the Chief of Police to suspend a license to sell cereal malt beverages, and repealing the original of said Section, introduced and under the rules laid over. ORDINANCE An Ordinance amending Section 4.12.090 of the Code of the City of Wichita, Kansas, pertaining to the authority of the Chief of Police to suspend a license to sell cereal malt beverages, and repealing the original of said Section, introduced and under the rules laid over. PAPER RECYCLING NATIONAL OFFICE PAPER RECYCLING PROJECT. Steve Lackey Director of Public Works reviewed the Item. Council Member Rogers momentarily absent. Agenda Report No. 95-173. Managed under the auspices of the U.S. Conference of Mayors, the National Paper Recycling Project seeks to maximize office paper recycling and to minimize waste. Founded in 1990, the Project is a non-profit partnership of public and private sector organizations. Local units of government and private business are invited to join the Paper Recycling Challenge. To participate, a Resolution of support that includes goals for the recycling and purchase of office paper containing recycled fiber is requested. The Wichita-Sedgwick County Solid Waste Management Committee considered this program and recommended to the City Council that it participate in the challenge. In addition, the committee recommended the goal for diversion to recycling of office waste paper be set at 60%. The goal of how much paper and paper products containing recycled content the City will purchase is recommended at 50%. This compares with an actual for 1993 of 37%. (Because the Projects definition of recycled content does not distinguish between waste paper that is post-consumer and that which is not, the Committee also recommends a purchasing goal of 25% that contains at least some fraction of post-consumer fibers.) The cost of paper products that contain recycled fibers is sometimes more, the same, or even less than an alternative product that contains 100% virgin fibers. For this reason, requests for paper bids should always include a price request for the recycled version of a product. The cost of recycled fiber containing paper products will come down as the scale of production increase. To facilitate this process governments have established temporary price preferences for the recycled version of a product. It is the recommendation of the Wichita-Sedgwick County Solid Waste Management Committee that the City adopt a policy of paying up to a 7% premium for the version of a paper product until the above recommended goals are achieved each year. Adoption of the Resolution of participation in the Nation Office Paper Recycling Challenge and the setting of waste paper diversion and recycled paper product purchase goals is not legally binding on the City. Rather the action announces the City's intent and desire to work toward these targets. Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard and no one appeared. Council Member Ferris Council Member Ferris asked that Staff report to the City Council in six months with regard to premiums paid for recycled products. Council Member Ferris momentarily absent. Motion -- Cather moved that the Resolution be adopted and staff be directed to be guided by the Resolution in the disposal and purchase of office paper and other paper products; and that staff report to the Council with regard to premiums paid for -- carried recycled products. Motion carried 6 to 0. (Reeser absent) RESOLUTION NO. R-95-096 A Resolution setting out the City's participation in the National Office Paper Recycling Program and setting goals for diversion of waste office paper and for the purchase of paper products containing recycled fiber, presented. Cather moved that the Resolution be adopted. Motion carried 6 to 0. (Reeser absent) Yeas: Cather, Cole, Ferris, Kamen, Rogers, Broadfoot. NORTHEAST LIBRARY SITE DESIGNATION FOR THE NORTHEAST LIBRARY. Chris Cherches City Manager reviewed the Item. Agenda Report No. 95-174. The City Council is considering a site selection for the proposed relocation of the Northeast Branch Library, now located in the Madison Square building. Because of redevelopment of this area by UBI, it is necessary to move the branch library facility. In l993, the City acquired the St. Marks Church property for renovation and relocation of the Northeast Library. Since that time, plans have been developed and are ready for bid on this renovation. Because of the condition of the building, consideration has since been given to constructing a new building, essentially because of cost efficiencies. In l994, the City solicited preferred developers for the development of the parcel of land between the Bank IV building and the N/E Police Substation. At its February 1, 1994, meeting, the City Council directed Staff to negotiate with JM Ltd. based on its proposal for an office building. Subsequently, JM Ltd. proposed building a 16-17,000 square foot facility with space on the first floor to be leased to the City for the N/E Branch Library relocation. Because of the need to begin the UBI development, it is necessary to make a decision on the relocation of the Branch Library. Recently, three options were discussed at the Council Workshop, including: 1. Remodeling & expanding the St. Marks Church building 2. Building a new Library on the St. Marks Church site 3. Leasing space from JM Ltd. in its proposed office building There are other options, including soliciting proposals for other sites and leasing arrangements. Currently, the City has $125,000 in Community Development Block funding available for the remodeling of the church building. An additional $100,000 is being proposed in the l995-96 Consolidated HUD Plan. The Capital Improvements Program provided funding to support this project in an amount of $225,000, less $20,475 expended for design and related costs associated with development. In conjunction with the 21st Street widening project, the City has expended $148,771.95 for the St. Marks Church property. Approximately $202,500 has been expended for the property JM Ltd. wishes to acquire for its office building (between Bank IV and N/E Police facility). A further cost analysis will be provided on comparative figures for remodeling, and new construction under City ownership, versus leasing facilities for the Branch Library. The Library Board has the authority, with the approval of the City Council, to purchase or lease sites and to erect buildings for the use of the Library. The City Council must approve budgets and expenditures of funds for such purposes. Council Member Kamen Council Member Kamen stated that he had a problem with limiting the site choices to just three. There is a problem with some of the locations with comparison to where the community to be served is located. Also, the City needs to look at whether the least expensive means would be to have the City build a building on some of the vacant land on 21st Street. In other words, not looking at the disposal of the St. Marks site but looking at whether just building on vacant property might result in a better location and a less expensive alternative. With regard to the property that JM Ltd. wants, if it were not used as proposed by JM Ltd., the City would probably realize an additional $220,000 from the sale of the site to another developer. The City would save an additional $220,000 by building the library on another site already owned by the City. And, the City would not be paying rent. There is a problem building as far east as proposed when the community served is further west. A preferred alternative would be to say that a new library would be built on the St. Marks Church site or areas adjacent to that site. Even if the City had to buy one or two houses, the City would still gain from the sale of the proposed property to the east. The east property is too far from the community the library would serve. There are too many options and they should not be closed. Chris Cherches City Manager reviewed other properties in the general area along 21st Street that are owned by the City. Council Member Cole Council Member Cole asked that the cost of the land be included in the cost analysis for the project. Council Member Rogers Council Member Rogers stated the library sites proposed are in District I and the neighborhood the City is trying to serve is District I, not a five or six block area. Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard. John Polson John Polson, resident of District I, concurred with Council Member Kamen's remarks. The purchase price of the St. Mark's Church property was too high and the private developer's bid to do the project is also too high. Mr. Polson suggested realistic input from about 1,000 area residents could be obtained by March 28th. The bulk of the population is west of Grove and 13th to the City limits. Kent Shawver Kent Shawver, speaking as an individual, said the responsibility of selecting a site is that of the Library Board. The Library Board has considered those locations and the City Council should work within the guidelines of what the Library Board has designated. "The previous Council made a covenant, an understanding, with our Board that we would take the St. Mark's site, and that it was an efficient way to adapt a building that we could not otherwise use because of setbacks, and build a new facility at the St. Mark's Church. That was the rationale for why it was purchased at that price. We were given that option. We looked at it carefully and we said that it met our needs. Now we are finding a form of micro-management." "Your Library Board is firmly against the leasing of library facilities. We think it is a precedent that is unconscionable. We feel that if development wants to be done by private capital, wealthy people want to buy land and develop it for their interests - please let them do so." ... "But, to put the library in it as a tenant is foolish." "To sell land to someone else, then have them finance it and bring it back is just plain foolishness and something that the Library Board does not go along with. And so, if you choose to accept that option, I think that you are doing it - I think that you should dismiss your Library Board and make us an advisory board." Responding to a question regarding a covenant, Mr. Shawver said, "How do you justify having a contract, discussing this matter of contracts, going through the process with the City to develop this with an architect that is not an agreement - and then later it comes around and we are informed that that is being placed in the toilet. I think that is wasting our time. Your are micro-managing it." Remodeling the facility will provide, virtually, a new building. Council Member Ferris Council Member Ferris requested the Law Department provide him with definition of the role of the Library Board. Kent Shawver Kent Shawver, responding to a question regarding either site being proposed, said either site (St. Marks or the area between the UNB Bank and the Police facility) is acceptable to the Library Board but the lease is not. Council Member Rogers Council Member Rogers said it is his understanding that there are not adequate setbacks at the St. Mark's site and the City, because it has the authority, would remodel the building for around $500,000 (including the land), and would result in a non-conforming status building. At the same time, the City is asking builders all across the City to adhere to the City's regulations. Another aspect is that it is understood, from conversations with members of the Library Board in formal sessions, is that the only option the Library Board was given, basically, to consider was remodeling St. Marks. Even in formal conversations, the Library Board members have said they certainly would accept the St. Marks site and they would accept the remodeling of St. Marks but they also added that a new library was not something that they did not want. Because of the relative costs of what is being discussed, in terms of remodeling or the City building a new building if it is at the St. Marks site, "I am simply not in favor of remodeling a building that is in non-conforming status; and that area is not platted either." Council Member Kamen Council Member Kamen pointed out that on any street the City has widened, the setbacks are about six or seven feet because the City widens the street but does not tear down the buildings. Kent Shawver Kent Shawver, answering a question regarding "best" location, said the demographics of the Northeast Library indicate that over 56 percent of the people who use the facility use the drop-off facility - they are not actually members of that neighborhood. An ideal site would be the police station/bank site although the ingress/egress would be tight. The St. Mark's site would probably be very close to it also. Continuing to respond to questions, Mr. Shawver said the remodeling plan for the St. Mark's building would make it a basically new building. Sharon Cranford Sharon Cranford, President of the Library Board, said she did not want the Council to dismiss the Library Board. Ms. Cranford asked that the Council not delay a decision about a site. The process has narrowed the selection to two sites and the Council should finalize the site selection. Ms. Cranford also said that with remodeling the building would be like new. Yolanda Williams Yolanda Williams said the Library Board did not query the community regarding the location of the Library. Ms. Williams said the proposals are too far east, too close to Wichita State University and would provide redundant services. The community being served is west of Grove and in back of Central. The police station area is too crowded. The library should be free standing. Ms. Williams also suggested the possibility of using part of the Heart Springs campus or property at 21st and Grove. The kind of facility built will help determine the use of the facility. Council Member Ferris Council Member Ferris said the most used branch libraries are the Westlink and Rockwell branches - both are in obscure locations but are highly used. Moving the library a few blocks is not going to make a difference in use. The reason the City is looking at two sites is because the City owns the ground. A City facility is for all citizens. Motion -- Rogers moved that two potential sites for the new Northeast Library, either the present location of St. Mark's Church or the land between Bank IV and the Northeast Police Substation be designated; and the City Manager be requested to begin planning to return to the Council in two weeks the cost estimates of a new library built by the City at either location, or a new library leasing arrangement with JM Ltd. Council Member Kamen Council Member Kamen said that he is in favor of a library on 21st Street but these are the two most expensive locations that could possibly be selected. Council Member Rogers Council Member Rogers clarified that the motion is intended to eliminate the option of remodeling the St. Mark's structure. There is very little difference between the projected cost for remodeling or building new on the St. Mark's site. Council Member Rogers said the City should adhere to zoning and other requirements as other developers must do; however, the remodeling figures could be brought back to the council in addition to the ones requested in the motion. Substitute Motion -- Cole moved that two potential sites for the Northeast Library, either the present location of St. Mark's Church or the land between Bank IV and the Northeast Police Substation, be designated; and the City Manager be requested to begin planning to return to the Council in two weeks the cost estimates of a library at either location, or a new library leasing arrangement with JM Ltd. Motion died -- died for lack of a second. Council Member Rogers Council Member Rogers stated that he had no problem with the remodeling plans for the St. Mark's Church being submitted to the City Council with the other information. -- carried Motion carried 5 to 1. Kamen - No. (Reeser absent) CONDEMNATION HEARINGS CONDEMNATION HEARINGS. Agenda Report No. 95-063 A. On January 24, 1995, a report was submitted with respect to the dangerous and unsafe conditions of the buildings located on the following properties. The Council adopted resolutions providing for public hearings to be held on each of these condemnation actions at 11:00 a.m. on March 7, 1995. On January 9, 1995, the Board of Code Standards and Appeals (BCSA) held a hearing on the following properties: Property Address Council District Property Address Council District (1) 2716 E. 15th 1 (8) 1750 N. Spruce1 (2) 1241 Wabash 1 (9) 1744 N. Green1 (3) 1030 N. Ash 1 (10) 1644 N. Hydraulic1 (4) 1114 N. Ash 1 (11) 2248 N. Hydraulic1 (5) 1137 N. Estelle 1 (12) 1957 N. Erie1 (6) 1555 N. Green 1 (13) 1400 S. Pattie1 (7) 1644 N. Ash 1 Pursuant to State Statute the Resolutions were duly published twice, on January 25, 1995 and February 1, 1995. A copy of each resolution was sent by certified mail or given personal service delivery to the owners and lien holders of record of each described property. Council Members Kamen, Rogers; left the Bench. Mayor Broadfoot Mayor Broadfoot announced that the public hearing was open and interested persons would be heard at this time. Persons were present to speak on properties (1), (9), and (13). Motion -- Broadfoot moved that the public hearing be closed, and for all properties except (1), (9), and (13), the resolutions declaring the building(s) dangerous and unsafe structures be adopted, the staff recommended time frame to alleviate the findings be approved; and any extensions of time granted to repair the structures would be conditioned on the following: (1) All taxes have been paid to date, as of March 7, 1995; (2) the structure(s) has/have been secured as of March 7, 1995 and will continue to be kept secured, and (3) the premises are mowed and free of debris as of March 7, 1995 and will be so maintained during renovation; if any of the above conditions are not met, the Office of Central Inspection will proceed -- carried with demolition action. Motion carried 4 to 0. (Kamen, Reeser, Rogers; absent) RESOLUTION NO. R-95-085 A Resolution finding that the structure located on Lots 65 and 67, Wabash Avenue, H.O. Burleigh's Third Addition to Wichita, Sedgwick County, Kansas, known as 1241 North Wabash, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Broadfoot moved that the Resolution be adopted. Motion carried 4 to 0. (Kamen, Reeser, Rogers; absent) Yeas: Cather, Cole, Ferris, Broadfoot. RESOLUTION NO. R-95-086 A Resolution finding that the structure located on Lots 22 and 24, Norris, now Ash Street, Solomon's Second Addition to Wichita, Sedgwick County, Kansas, known as 1030 N. Ash, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Broadfoot moved that the Resolution be adopted. Motion carried 4 to 0. (Kamen, Reeser, Rogers; absent) Yeas: Cather, Cole, Ferris, Broadfoot. RESOLUTION NO. R-95-087 A Resolution finding that the structure located on Lots 36, 38, and 40, Ash Street, Norris Subdivision of Lot 3, Tarleton's Second Addition to Wichita, Sedgwick County, Kansas, known as 1114 North Ash, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Broadfoot moved that the Resolution be adopted. Motion carried 4 to 0. (Kamen, Reeser, Rogers; absent) Yeas: Cather, Cole, Ferris, Broadfoot. RESOLUTION NO. R-95-088 A Resolution finding that the structure located on the South 10 feet of Lot 111 and all of Lot 113, on Mabel Avenue, now Estelle, Fairmount Park Addition to Wichita, Sedgwick County, Kansas, known as 1137 North Estelle, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Broadfoot moved that the Resolution be adopted. Motion carried 4 to 0. (Kamen, Reeser, Rogers; absent) Yeas: Cather, Cole, Ferris, Broadfoot. RESOLUTION NO. R-95-089 A Resolution finding that the structure located on Lots 46 and 48, Green Street, replat of part of Gettoe's Second Addition to Wichita, Sedgwick County, Kansas, known as 1555 North Green, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Broadfoot moved that the Resolution be adopted. Motion carried 4 to 0. (Kamen, Reeser, Rogers; absent) Yeas: Cather, Cole, Ferris, Broadfoot. RESOLUTION NO. R-95-090 A Resolution finding that the structure located on Lots 56 and 58, Ash Street, Logan Addition to Wichita, Sedgwick County, Kansas, known as 1644 North Ash, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Broadfoot moved that the Resolution be adopted. Motion carried 4 to 0. (Kamen, Reeser, Rogers; absent) Yeas: Cather, Cole, Ferris, Broadfoot. RESOLUTION NO. R-95-091 A Resolution finding that the structure located on Lots 6 and 8, Spruce Street, Logan Addition to Wichita, Sedgwick County, Kansas, known as 1750 North Spruce, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Broadfoot moved that the Resolution be adopted. Motion carried 4 to 0. (Kamen, Reeser, Rogers; absent) Yeas: Cather, Cole, Ferris, Broadfoot. RESOLUTION NO. R-95-092 A Resolution finding that the structure located on Lots 55, 57, and 59, Block 5, Kansas Addition to Wichita, Sedgwick County, Kansas, known as 1644 North Hydraulic, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Broadfoot moved that the Resolution be adopted. Motion carried 4 to 0. (Kamen, Reeser, Rogers; absent) Yeas: Cather, Cole, Ferris, Broadfoot. RESOLUTION NO. R-95-093 A Resolution finding that the structure located on beginning at the southwest corner of Lot 4, thence north 90 feet; thence east 58 feet; thence south 90 feet; thence west 58 feet to the point of beginning, Wichita, Sedgwick County, Kansas, known as 2248 North Hydraulic, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Broadfoot moved that the Resolution be adopted. Motion carried 4 to 0. (Kamen, Reeser, Rogers; absent) Yeas: Cather, Cole, Ferris, Broadfoot. RESOLUTION NO. R-95-094 A Resolution finding that the structure located on Lots 2 and 4, Block 1, College Terrace Addition to Wichita, Sedgwick County, Kansas, known as 1957 North Erie, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Broadfoot moved that the Resolution be adopted. Motion carried 4 to 0. (Kamen, Reeser, Rogers; absent) Yeas: Cather, Cole, Ferris, Broadfoot. 2716 East 15th. Kurt Schroeder Acting Superintendent of Central Inspection reviewed the Item. Council Members Kamen, Rogers; present. Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard. Hazel Simon Hazel Simon said she was disgusted that her husband had not completed repairs on the property and that she wanted to deed the property to her son so he could complete the repairs. The owner asked for six months to complete repairs. Council Member Ferris Council Member Ferris explained that the required exterior repairs could probably be substantially completed within 60 days. Hazel Simon Hazel Simon said the premises would be cleaned and the taxes would be paid within a week. Motion -- Rogers moved that the public hearing be closed, the resolution declaring the building(s) dangerous and unsafe structures be adopted, that 60 days be given to alleviate the findings and any extensions of time granted to repair the structures would be conditioned on the following: (1) any back taxes now due are to be paid and taxes kept current, (2) the structures are to be kept secured, and (3) the premises are to be kept mowed and free of debris; if any of these conditions are not met, staff is directed to proceed to let for bids to demolish the structure; and the City Clerk be instructed to have the Resolution published once in the official city paper and advise the owners of these findings. Motion -- carried carried 5 to 1. Cather - No. (Reeser absent) RESOLUTION NO. R-95-084 A Resolution finding that the structure located on the East 67¼ feet of Lots 14 and 16, Estelle Avenue, Fairmount Orchards Addition to Wichita, Sedgwick County, Kansas, known as 2716 East 15th, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Rogers moved that the Resolution be adopted. Motion carried 5 to 1. (Reeser absent) Yeas: Cole, Ferris, Kamen, Rogers, Broadfoot. 1744 North Green. Kurt Schroeder Acting Superintendent of Central Inspection reviewed the Item. Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard. Pearl Bowman The neighbor living across the street from the property in question asked for 60 days to get money from Seattle Washington, clear the title, and start repairs. Motion -- Ferris moved that this Item be deferred two weeks to give the prospective buyer an opportunity to begin the process to purchase the property. Motion carried -- carried 6 to 0. (Reeser absent) 1400 South Pattie. Kurt Schroeder Acting Superintendent of Central Inspection reviewed the Item. Elvira Walenciak Elvira Walenciak, property owner, said there is no leak in the roof but did acknowledge that there is a problem with the foundation. Regarding police calls and the property not being in repair, Mrs. Walenciak explained that the property is rented out and that the owners do not live in Wichita. Mrs. Walenciak asked for 60 days in which to sell the property. Motion -- Rogers moved that the public hearing be closed; the resolution declaring the building(s) dangerous and unsafe structures be adopted; that 30 days be given to sell the property; and any extensions of time granted to repair the structures would be conditioned on the following: (1) any back taxes now due are to be paid and taxes kept current, (2) the structures are to be kept secured, and (3) the premises are to be kept mowed and free of debris; if any of these conditions are not met, staff is directed to proceed to let for bids to demolish the structure; and the City Clerk be instructed to have the Resolution published once in the official city paper and advise the owners of these findings. Motion failed -- failed 3 to 3. Broadfoot, Cather, Cole - No. (Reeser absent) Motion -- Kamen moved that this Item be deferred two weeks to give the owner an opportunity -- failed to sell the property. Motion failed 3 to 3. Broadfoot, Cather, Cole - No. (Reeser absent) Motion -- Broadfoot moved that the public hearing be closed; the resolution declaring the building(s) dangerous and unsafe structures be adopted; the staff recommended time frame to alleviate the findings be approved and any extensions of time would be conditioned on the following: (1) any back taxes now due are to be paid and taxes kept current, (2) the structures are to be kept secured, and (3) the premises are to be kept mowed and free of debris; if any of these conditions are not met, staff is directed to proceed to let for bids to demolish the structure; and the City Clerk be instructed to have the Resolution published once in the official city paper and advise the owners of these findings. Motion carried -- carried 4 to 2. Ferris, Kamen - No. (Reeser absent) RESOLUTION NO. R-95-095 A Resolution finding that the structure located on Lots 2 and 4, Pattie Avenue, McCormick's Addition to Wichita, Sedgwick County, Kansas, known as 1400 South Pattie, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Broadfoot moved that the Resolution be adopted. Motion carried 4 to 2. Yeas: Cather, Cole, Reeser, Rogers, Broadfoot. Nays: Ferris, Kamen. RECESS The City Council recessed at 12:10 p.m. and reconvened at 1:28 p.m. Mayor Broadfoot and Council Member Reeser absent. Vice Mayor Rogers in the Chair. CONSOLIDATED PLAN HEARING ON PROPOSED CONSOLIDATED PLANNING GRANT APPLICATIONS. Agenda Report No. 95-170. The U.S. Department of Housing and Urban Development requires submittal of a Consolidated Plan/Combined Application for 1995/1996 funds for the Community Development Block Grant (CDBG) program, the HOME Investment Partnerships (HOME) program and the Emergency Shelter Grants (ESG) program. Each activity undertaken under these programs must meet the requirements of the specific program funding source. The City Council has prioritized community needs and solicited applications for the three programs from City departments and non-City agencies to address community goals and priority needs. This hearing provides an opportunity for funding applicants to review their applications and respond to questions the City Council may have regarding applications. The Council is scheduled to determine projects and funding allocations at its March 14 meeting. No action is required at this time regarding projects and allocations. The Department of Finance has received 90 applications for combined funding of $8,094,997. Total 1995 combined grant funding will be $5,802,000. ($4,045,000 - CDBG; $1,613,000 - HOME; $144,000 - ESG) Application amounts by grant and funding category are summarized below: CDBG HOME ESG Applications Applications Applications No. Capital Projects $1,267,885 17 Housing Projects 1,543,067 9 Public Services 2,147,595 24 Planning & Admin. 2,256,782 8 Other 200,700 5 $5,893,286 Rehabilitation $ 495,000 2 First Time Homebuyer/ 580,000 2 Acquisition New Construction 125,000 1 Community Housing Development 630,242 3 Organization (CHDO) Set-Aside Project Specific - 33,130 3 CHDO Operations Administration 176,000 2 $2,039,372 Operations $ 92,597 7 Essential Services 13,716 1 Homeless Prevention 38,826 3 Renovation 10,000 1 Administration 7,200 2 $5,893,286 $2,039,372 $162,339 90 The City Council has established local criteria and guidelines in addition to the regulations governing the allocation of funds. The City Council has received the applications for funding allocations. Preliminary Staff recommendations, along with recommendations/comments from the Grants Review Committee have been provided the Council. Any supplemental material will be provided prior to the March 14, 1995 allocation date. An amount of $5,802,000 is anticipated for allocation under the proposed 1995/1996 program, plus any remaining funding from prior years' completed activities and program income. Planning and Administration allocations for the CDBG program will be limited to 20 percent of the grant. The amount allowed for CDBG funded Public Services activities is also restricted to a $1,150,000 maximum. Consolidated Plan regulations (24 CFR Part 91.105(e) require public hearings regarding the plan. One hearing to obtain citizen input on needs was held November 8, 1994. Another public hearing will be held to review program performance. Vice Mayor Rogers Vice Mayor Rogers inquired if anyone wished to be heard. The following persons spoke: Tom Bishop, Home Repair Program Gary Winget, United Methodist Urban Ministry Mohan Kambampati, Wichita Indochinese Center Keith Morton, Community Development Coalition Jane Richards, Project Freedom/Substance Abuse Planning Judy Fricken, Cities in Schools at Colvin (Name inaudible), Operation Clothesline Mayor Broadfoot present and in the Chair. David Dorf, Wichita Children's Home Mary Barton, Wichita Children's Home Lynn Tatlock, Salvation Army Emergency Lodge Kevin Danler, Catholic Family Charities Sam Muyskins, Interfaith Inn Nell Kaba, Harbor House Council Member Ferris left the Bench. Sue Russell, YWCA Crisis Center Sharon Cranford, Steps, Inc. Tracy Garver, Pathways Motion -- Rogers moved that the public hearing be closed and comments be taken under -- carried advisement. Motion carried 5 to 0. (Ferris, Reeser absent) WATER/SEWER LABORATORY LABORATORY STAFFING/EQUIPMENT REQUEST (WATER/SEWER DEPARTMENT). Chris Cherches City Manager reviewed the Item. Agenda Report No. 95-175. In order to perform the level of water testing necessary when producing a potable water supply for a city the size of Wichita, the Department operates the Water and Sewer Laboratory. This laboratory, located at the Water Treatment Plant, is a United States Environmental Protection Agency (EPA)/Kansas Department of Environmental Health (KDHE) certified laboratory. This laboratory is equipped and staffed as needed to conduct the number and type of tests associated with the production, distribution, and monitoring of the potable water supply, as well as to perform some analyses for the Sewage Treatment Division. Beginning the first quarter of 1995, it is anticipated that there will be a significant increase in workload at the Water and Sewer Laboratory. The additional workload will be associated with several projects: The USGS will be participating with the City in the sampling and analysis of water for the groundwater recharge demonstration project, however they will only be doing the analysis for organic constituents (pesticides, herbicides, etc.). The analysis of the non-organic constituents, such as metals and minerals, will be the responsibility of the City. Part of the Safe Drinking Water Act is the Information Collection Rule (ICR), which is an effort by EPA to collect data from all large water suppliers to use in promulgating new regulations. The ICR will not only require the City to collect and analyze many more water samples than in the past, but the results of that sampling must meet some very specific EPA guidelines and Quality Assurance/Quality Control (QA/QC) procedures. Some of those procedures are currently not being practiced in the Water and Sewer Laboratory, and will require additional personnel resources in order to be fully implemented. The Water Treatability Study, which is currently in progress, includes the construction of a pilot water treatment plant. That plant will be used in the Study to evaluate the treatment techniques that will be needed to treat water from the Little Arkansas River, and the impacts of blending that water with the other water sources that the City currently uses (relative to Water Supply Plan) and to study the best means of treating for taste and odor. The pilot plant will continue be used after the study is completed in order to assist staff in finding the optimum water treatment techniques. The major efforts to comply with the ICR will occur over the 18 to 24 months after the final Rule is promulgated, which is expected by June of this year. The major efforts to perform analysis for the Recharge Demonstration Project will probably occur over the next 24 months. However, there is a potential that the sampling associated with the ICR may become a permanent regulatory requirement. Further, permanent testing requirements for the Recharge Project will also be developed. So while the major additional workload increases for the laboratory are definitely going to occur over the next 24 months, they will continue at some level after that period. Staff has identified two alternatives for Council to consider: Option 1 - Contract with a private laboratory for the additional water tests generated by the Equus Beds Recharge Bank Storage Project. Staff estimates that doing the analysis in this way would cost $90,000 the first year. However, the activities required by the ICR and operation of the pilot plant would still not be addressed. Option 2 - Fund a part-time Chemist position to perform the higher level functions associated with the expanding laboratory activities related to the Bank Storage Project, SDWA regulatory work (ICR), and pilot plant operation. This would increase personnel expenses in the Laboratory by $30,000 per year. Further, the purchase of additional equipment which will increase the "hands-off" operation of the key laboratory instruments (ICP, AA, TOC Analyzer and IC) and increase analysis efficiency. Staff estimate the one time cost of about $18,000 for this equipment (see attached list). The total first year costs to implement this option would be $48,000. Because of the uncertainties associated with this new workload, and uncertainties on how long this workload will continue, staff feels that this is the most prudent, and cost effective, means to meet all portions of this projected workload. Option 1, using contract laboratory services for the City's portion of the Bank Storage Project analyses, will cost $90,000 the first year of the project and $80-90,000 in subsequent years, and could be financed under the CIP budget for the Recharge Project. Approval of Option 2 would require a change the 1995 and 1996 Production and Pumping Division Budgets for an increase in laboratory personnel costs by $30,000 each year. Funds are available in the Water Administration Contingency. The cost for the additional equipment improvements, $18,000, could be paid from the 1995 Water Production budget for operational capital replacements. Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard and no one appeared. Motion -- Cather moved that Option 2 be approved; the budget adjustment of $30,000, an additional part-time chemist position in the laboratory for 1995 and 1996, and the purchase of $18,000 in laboratory instrumentation enhancement equipment from -- carried the approved 1995 Water Production budget be authorized. Motion carried 5 to 0. (Ferris, Reeser; absent) CITY COUNCIL AGENDA Council Member Ferris present. TRAVEL AUTHORIZATION ATTENDANCE AT CELEBRATION OF 25TH-ANNIVERSARY OF THE FOUNDING OF WICHITA'S SISTER CITY, CANCUN, MEXICO, APRIL 18-24, 1995. Motion -- Broadfoot moved that the attendance and travel expenses of Vice Mayor and Mrs. -- carried Rogers be approved. Motion carried 6 to 0. (Reeser absent) APPOINTMENTS APPOINTMENTS TO THE ART MUSEUM BOARD. Three appointments (Reeser and Friends of Museum - 2) for terms to expire June 30, 1995. Motion -- Cather moved that Council Member Reeser's appointment, Pamela Kingsbury, be -- carried approved. Motion carried 6 to 0. (Reeser absent) Discussion was had and it was the consensus of the Council that Council Members would informally call and talk to the Friends Board nominations individually before the appointments are made. Motion -- Ferris moved that the Friends of the Museum appointments to the Art Museum Board -- carried be deferred two weeks. Motion carried 6 to 0. (Reeser absent) APPOINTMENT TO TRAFFIC COMMISSION. One appointment (Cole), for a term expiring June 30, 1995. Motion -- carried Cole moved that the appointment be deferred one week. Motion carried 6 to 0. (Reeser absent) APPOINTMENT TO WICHITA PUBLIC BUILDING COMMISSION. Two appointments (Cather, Rogers) for terms expiring June 30, 1995. Motion -- carried Cather moved that the appointment be deferred one week. Motion carried 6 to 0. (Reeser absent) Council Member Rogers Council Member Rogers asked that the City Manager provide a list of people who would like to serve on this Commission. Motion -- carried Rogers moved that the appointment be deferred one week. Motion carried 6 to 0. (Reeser absent) APPOINTMENT TO WICHITA COMMISSION ON THE STATUS OF WOMEN. One appointment (Kamen), for a term expiring June 30, 1995. Council Member Kamen Council Member Kamen asked that the City Manager provide a list of people who would like to serve on this Commission. Motion -- carried Kamen moved that the appointment be deferred one week. Motion carried 6 to 0. (Reeser absent) NOTICE OF VACANCIES - COMMISSION ON THE STATUS OF PEOPLE WITH DISABILITIES. Two vacancies (Reeser, Rogers), due to the nonattendance of David Reese and Virginia VanCleave, for terms expiring June 30, 1995. Appointments will be made March 21, 1995. PROCLAMATIONS PROCLAMATIONS: Motion -- carried Broadfoot moved that the proclamations be authorized. Motion carried 6 to 0. (Reeser absent) CONSENT AGENDA Broadfoot moved that the Consent Agenda, including Addendum Item, except Items 1, 5, and 6 be approved in accordance with the recommended action shown thereon. Motion carried 6 to 0. (Reeser absent) BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED FEBRUARY 27, 1995. At 10:00 a.m., Friday, February 24, 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 2/27/95) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS 1995 Arterial Sidewalk and Wheelchair Ramp Construction (Phase II) at various locations. (472- 82555/706085) Does not affect existing traffic. (Council approval date 01-31-95) (District all) as per specifications Kansas Paving - $203,155.00 (Engineer's Construction Estimate) 1995 Contract Maintenance Quickset Slurry Seal of Asphalt Streets at various locations. (131557) Does not affect existing traffic. (Council approval date 12-20-94) (District all) as per specifications Inland - $520,620.00 (Engineer's Construction Estimate) Lateral 339, Southwest Interceptor Sewer to serve Westridge Village Addition (west of Ridge, north of 13th Street). (468-82421/742148/480306) Does not affect existing traffic. (Council approval date n/a )(District 5) as per specifications W.B. Carter Construction Co. - $13,126.00 Water Distribution System to serve Westridge Village Addition (west of Ridge, north of 13th Street). (448- 88867/732479/470325) Does not affect existing traffic. (Council approval date n/a) (District 5) as per specifications WBW Contractors - $7,996.00 Water Distribution System to serve Ebersole Addition (west of Custer, south of 13th Street). (448- 88862/732545/470332) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 08-23-94) (District 6) as per specifications WBW Contractors - $3,386.00 Downtown Parking Improvements located at 319 South Broadway (between English and Waterman on Broadway). (472-82420/790840/435115) Traffic to be maintained through construction. (Council approval date 04-12-94) (District 5) as per specifications Midwest Drywall - Total Alternate No. 2 - $21,600.00 8" Water Main along Seneca at McCormick. (448-88836) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 12-14-93) (District 4/6) as per specifications Hopper Construction - $117,780.00 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. Broadfoot 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. (Reeser absent) CITY MANAGER'S DEPARTMENT/CENTRAL INSPECTION DIVISION: Demolition, removal of structure and clean-up of three properties. Item 2 - 1431 N. Erie - Southwest Salvage - $2,112.00 Item 3 - 1548 N. Erie - Cornejo & Sons, Inc. - $2,220.00 PUBLIC WORKS DEPARTMENT/STORM WATER MANAGEMENT/UTILITY: Inlet covers. GCI Castings, Inc. - $20,243.25 WATER AND SEWER DEPARTMENT/DISTRIBUTION DIVISION: Water Works Supplies. Group I - Central Service - $3,714.00 # Group II - Hajoca Corp. - $3,800.00 ***# Group III - Hajoca Corp. - $2,791.68 ***# Group IV - Mid-States Supply - $3,720.00 **# Group V - Central Service - $1,957.30 # Group VI - Hajoca Corp. - $2,103.00 #x Group VII - Central Service - $2,320.25 # Group VIII- Water Produce Sales - $3,625.00 # Group IX - Water Produce Sales - $1,175.00 # Group X - Hajoca Corp. - $2,562.50 #x Group XI - Hajoca Corp. - $ 329.40 #x Group XII - Hajoca Corp. - $1,500.00 # Group XIII- Central Service - $ 51.70 # ** 1% - 30th *** 1% - 10th x 2% - 10th # Plus applicable sales tax The Board of Bids and Contracts recommended that the contracts be awarded as outlined above, same being the lowest and best bid. Broadfoot moved that the contracts be awarded as outlined above, same being the lowest and best bid. Motion carried 6 to 0. (Reeser absent) (Item No. 1) Chris Cherches City Manager asked that action be deferred on the Bradshaw bid item for $122,500. 1995 Sanitary Sewer Rehabilitation Program - Phase V (various locations). (468-82399/623124/533004) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 05-17-94) (District 2/4/6) as per specifications Bradshaw Construction - $122,500.00 Motion -- carried Rogers moved that this Item be deferred. Motion carried 6 to 0. (Reeser absent) ADDENDUM ITEM At 10:00 a.m., Friday, March 3, 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 3/6/95) PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS: Batting/Pitching Tunnels as per specifications Commerce Construction Services - $124,973.00 Add Alternate A - $ 19,406.00 The Board of Bids and Contracts recommended that the contract be awarded as outlined above, same being the lowest and best bid. Broadfoot moved that the contract be awarded as outlined above, same being the lowest and best bid. Motion carried 6 to 0. (Reeser absent) PLANS AND SPECS PLANS AND SPECIFICATIONS. a. 1995 Contract Maintenance Surface Milling and Asphalt Concrete Overlay of Arterial Streets at various locations. (132282/630418) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 12-20-94) (District all) b. 1995 Contract Maintenance of Bridge Deck Resurfacing at Oliver over Gypsum Creek and east bound Harry Street over I-135. (132449) Traffic to be maintained through construction. (Council approval date 12-20-94) (District 3) c. Washington from 8th Street North to 9th Street North. (472-82507/706069/405160) Through traffic will not be carried during construction; only local access shall be provided. (Council approval date 10-25-94) (District 1) d. Old Town (Phase 3, Part 1) Moore Avenue from First to Second Streets. (472-82486/762674/490370) Through traffic will not be carried through construction; only local access will be maintained.. (Council approval date 07-19-94) (District 6) e. Old Town (Phase 3 Part 1) Water Line improvements along Moore. (448-88849/Index Code n/a) Through traffic will not be carried through construction; only local access will be maintained. (Council approval date ) (District 6) f. Water Distribution System to serve Pawnee Mesa Addition (north of Pawnee, west of Lark). (448- 88853/732461/470324) Does not affect existing traffic. (Council approval date 08-16-94) (District 5) g. Water Supply Line to serve Westside Assembly Chapel Addition (north of Central, west of 119th). (448-88885/732552/470333) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 01-10-95) (District 5) h. Drainage Improvements at the Intersection of Mead and Marion. (468-82638/133116/560000) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 06-21-94) (District 3) i. Lateral 11, Main 13, Southwest Interceptor Sewer to serve Pawnee Mesa Addition (north of Pawnee, est of Lark). (468-82407/index code n/a/480305) Does not affect existing traffic. (Council approval date 08-16-94) (District 5) j. Lateral 84, Main 1, Southwest Interceptor Sewer to serve Overholt Addition . (468-82455) Does not affect existing traffic. (Council approval date 03-07-95) (District 4) Motion -- Broadfoot 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., March 17, 1995. Motion carried 6 to 0. (Reeser absent) PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. 1995 Arterial Sidewalk and Wheelchair Ramp Construction (Phase II) at various locations - $224,575. (472-82555/706085) Does not affect existing traffic. (Council approval date 01-31-95) (District all) b. 1995 Contract Maintenance Quickset Slurry Seal of Asphalt Streets at various locations - $570,770. (131557) Does not affect existing traffic. (Council approval date 12-20-94) (District all) c. 1995 Sanitary Sewer Rehabilitation Program - Phase V (various locations) - $170,285. (468- 82399/623124/533004) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 05-17-94) (District 2/4/6) d. Lateral 339, Southwest Interceptor Sewer to serve Westridge Village Addition (west of Ridge, north of 13th Street) - $21,400. (468-82421/742148/480306) Does not affect existing traffic. (Council approval date 10-25-94) (District 5) e. Water Distribution System to serve Westridge Village Addition (west of Ridge, north of 13th Street) - $23,712. (448-88867/732479/470325) Does not affect existing traffic. (Council approval date 10-25-94) (District 5) f. Water Distribution System to serve Ebersole Addition (west of Custer, south of 13th Street) - $7,950. (448-88862/732545/470332) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 08-23-94) (District 6) g. Downtown Parking Improvements located at 319 South Broadway (between English and Waterman on Broadway) - $26,318. (472-82420/790840/435115) Traffic to be maintained through construction. (Council approval date 04-12-94) (District 5) h. 8" Water Main along Seneca at McCormick. (448-88836) Traffic to be maintained through construction using flagpersons and barricades - $193,000. (Council approval date 12-14-93) (District 4/6) Motion -- Broadfoot moved that the preliminary estimates be approved and filed. Motion -- carried carried 6 to 0. (Reeser absent) BOARD MINUTES MINUTES OF ADVISORY BOARDS. Board of Code Standards & Appeals, 2/6/95 CPO Northeast Council 1, 2/20/95 CPO East Council 2, 2/13/95 CPO Southeast Council 3, 2/9/95 CPO Southwest Council 4, 2/23/95 CPO North Central Council 6, 2/22/95 Convention and Tourism Committee, 1/23/95 Wichita Art Museum Board, 2/14/94, 2/7/94, 1/30/95, 1/27/95 Motion -- carried Broadfoot moved that the Minutes be received and filed. Motion carried 6 to 0. (Reeser absent) STREET CLOSURES CONSIDERATION OF STREET CLOSURES. (Item No. 5) Agenda Report. Utility Contractors, Inc., has contracted to reconstruct the 11th Street Bridge over the Little Arkansas River. A part of the work will occur below the normal elevation of the river. The contractor has requested that the river be lowered north of the Central Avenue Dam until July 14, 1995. Officials with the Wichita River Festival have advised that lowering the Little Arkansas River will not impact their events. Staff will coordinate the lowering with other public agencies that may be affected by the lower water levels. Council Member Cather Council Member Cather asked that this Item be deferred one week to allow it to go through the Greenways Commission. Lowering of the river would tend to affect the shoreline which might have the potential to kill fish, etc. Motion -- carried Cather moved that this Item be deferred one week. Motion carried 6 to 0. (Reeser absent) CONCESSION SALES/PARKS CONTRACT FOR CONCESSION SALES IN CITY PARKS. (Item No. 6) Agenda Report No. 95-177. The Department of Park and Recreation proposes that the City enter into an agreement with Jay Wells Concessions which would allow the privilege of operating concession stands for the sale of food and beverage at events within City parks and areas under the jurisdiction of the Wichita Department of Park and Recreation. The contract will be in effect for one year from January 1, 1995, to December 31, 1995. Jay Wells Concessions has provided these services in previous years under an informal agreement with the Park Department. Performance has been very satisfactory. At the expiration of this one-year contract, the Park Department will issue a "request for proposal" seeking bids for these services from other providers; however, since the spring season is near, it is imperative that an experienced concessionaire be under contract as soon as possible to ensure adequate revenues from concessions sold during special events in parks. During the term of the contract, Jay Wells Concessions will reimburse the Department of Park and Recreation an amount equal to 18 percent of all gross sales derived from events held within City parks or other areas under the jurisdiction of the Park Department. Mayor Broadfoot Mayor Broadfoot said she had asked the City Manager how the 18 percent of gross sales was monitored. More importantly, this concessionaire has prime access to thousands of people during the Wichita River Festival and it seems that the gross sales percentage should be increased during the days of the River Festival. Chris Cherches City Manager said the City will enter into negotiations with Jay Wells Concessions with regard to the river festival areas. The concessionaire records are available to the City for audit to confirm that the City is receiving the correct amount. Motion -- Ferris moved that this Item be deferred one week. Council Member Ferris said the City has had a tradition of groups availing themselves at the River Festival to conduct these sales. If that process is going to change it should not be on the Consent Agenda. Chris Cherches City Manager explained that this concessionaire process has been going on for many years. Mayor Broadfoot Mayor Broadfoot said this concessionaire process has been ongoing for at least eight years. -- withdrawn Ferris withdrew the motion. Motion -- Broadfoot moved that the Contract be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. ASSESSMENT ROLLS PROPOSED ASSESSMENT ROLLS. Motion -- Broadfoot moved that the hearing on the Proposed Assessment Rolls be set for 11:00 a.m., Tuesday, March 21, 1995, and the City Clerk be directed to publish the notices of hearing at least once not less than 10 days prior to the date of -- carried the hearing. Motion carried 6 to 0. (Reeser absent) PROPERTY ACQUISITION ACQUISITION OF PROPERTY: (a) 1002 South Seneca, Tract #7, Seneca/McCormick Intersection Upgrade. Agenda Report No. 95-182. The Seneca/McCormick Intersection Upgrade Project, approved by Council on June 28, 1994, will require the acquisition of 4 tracts including 3 residential properties and 1 commercial property as well as four partial takes. One of the properties identified for partial taking is identified as Tract #7, located at 1002 S. Seneca (Lots 2, 4, 6, & 8 on McCormick Avenue in Glendale Addition to Wichita, Sedgwick County, Kansas) owned by Ruford Haynes. The property is improved with a 2,132 square foot concrete block building currently utilized as a restaurant. Staff has attempted to negotiate a purchase of the identified property but has been unable to reach any agreement with the owner. An appraisal has been prepared and reviewed which values the partial taking at $44,000. The owner has requested a full taking for $150,000 or a partial taking for $65,000 plus providing the owner with an adjacent 10,000 square foot parcel, paved and zoned LC. No further progress is foreseen. The costs of this acquisition are to be paid by the City at large. Motion -- Broadfoot moved that the Ordinance providing for the acquisition by eminent domain of certain real property and directing the City Attorney to file the appropriate proceedings in the District court to accomplish such acquisition be -- carried placed on first reading. Motion carried 6 to 0. (Reeser 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 street improvements and to be known as the South Seneca 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, introduced and under the rules laid over. (b) 904-910 South Seneca, Tract #8, for Seneca/McCormick Intersection Upgrade. Agenda Report No. 95-179. The Seneca/McCormick Intersection Upgrade Project, approved by Council on June 28, 1994, will require the acquisition of 4 tracts including 3 residential properties and 1 commercial property as well as four partial takes. One of the properties identified for partial taking is identified as Tract #8, located at 904-910 S. Seneca (Lots 2 and 4, Munnell Avenue, in Glendale Addition to Wichita, Sedgwick County, Kansas) and is owned by Paul Stonehouse, Jr. The property is improved with three small service-type buildings with a total of 1,164 square feet. Staff has attempted to negotiate a purchase of the identified property but has been unable to reach any agreement with the owner. An appraisal has been prepared which values the partial taking at $18,000. The owner has requested to be compensated $30,000 for the taking. No further progress is foreseen. The costs of this acquisition are to be paid by the City at large. Motion -- Broadfoot moved that the Ordinance providing for the acquisition by eminent domain of certain real property and directing the City Attorney to file the appropriate proceedings in the District court to accomplish such acquisition be -- carried placed on first reading. Motion carried 6 to 0. (Reeser 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 street improvements and to be known as the South Seneca 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, introduced and under the rules laid over. (c) Easements at Seneca/McCormick Agenda Report No. 95-180. The Seneca/McCormick Intersection Upgrade Project, approved by Council on June 28, 1994, will require the acquisition of 4 tracts including 3 residential properties and 1 commercial property as well as four partial takes in Mary McCormick's Addition, Lawrence's Seventh Addition, and Glendale Addition. In addition, there are 14 temporary easements which remain to be acquired. Staff has attempted to contact the owners of the identified properties but has had no response. Due to the timing requirements for the project, eminent domain action is deemed advisable. The costs of this acquisition are to be paid by the City at large. Motion -- Broadfoot moved that the Ordinance providing for the acquisition by eminent domain of certain real property and directing the City Attorney to file the appropriate proceedings in the District court to accomplish such acquisition be -- carried placed on first reading. Motion carried 6 to 0. (Reeser 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 street improvements and to be known as the South Seneca 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, introduced and under the rules laid over. d. Easements for Meridian/McCormick Intersection Upgrade. The Meridian/McCormick Intersection Upgrade Project, approved by Council on June 28, 1994, will require the acquisition of 4 tracts which are all partial takes. In addition, there are 4 temporary easements which remain to be acquired. See attached addendum for owners names and legal descriptions of the temporary easements. Staff has attempted to contact the owners of the identified properties but has had no response. Due to the timing requirements for the project, eminent domain action is deemed advisable. The costs of this acquisition are to be paid by the City at large. Motion -- Broadfoot moved that the Ordinance providing for the acquisition by eminent domain of certain real property and directing the City Attorney to file the appropriate proceedings in the District court to accomplish such acquisition be -- carried placed on first reading. Motion carried 6 to 0. (Reeser 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 street improvements and to be known as the South Seneca 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, introduced and under the rules laid over. (e) 1022 South Seneca, Tract 3, for Seneca/McCormick Intersection Upgrade. Agenda Report No. 95-178. The Seneca/McCormick Intersection Upgrade Project, approved by Council on June 28, 1994, will require the acquisition of 4 total tracts including 3 residential properties and 1 commercial property as well as 4 partial takes. One of the residential properties identified for acquisition, Tract #3, is located at 1022 S. Seneca (North 45 feet of Lots 1, 2, 3 & 4 Block 3, in Franklin Yike's Addition to Wichita, Sedgwick County, Kansas) and is owned by the E. Louise Leitner Living Trust with Louise Leitner and Keith Boyer as trustees. The property is improved with a single family residence. An appraisal has been prepared and reviewed which values the property at $26,000. The trustees have agreed to sell it to the City for the appraised value. The property is currently leased. The tenant is eligible for relocation. Once the structure is vacant, it will be razed or moved as part of the project. Funds have been budgeted in the 1994 Capital Improvement Program as project MS-480 in the amount of $350,000. A budget of $37,800 in funds includes: $26,000 for acquisition, $4,000 for demolition, $5,800 for relocation and $2,000 for closing costs, title insurance, survey, operating and maintenance expenses that are not offset by rental revenue. This is the fourth tract that the City has acquired for this project. Acquisition costs to date total $145,000 with closing, relocation, and demolition costs of $41,800 for a total of $186,800. Motion -- Broadfoot moved that the budget be approved; and the contract be approved and the -- carried Mayor be authorized to sign. Motion carried 6 to 0. (Reeser absent) AIRPORT PROJECTS CAPITAL PROJECT INITIATION - WICHITA AIRPORT AUTHORITY. a. Terminal Building Modifications. Agenda Report No. 95-183. The project is Terminal Building Modifications and represents improvements that will be made to Mid-Continent Airport subject to further action and approval by the Wichita Airport Authority. The project has been included in a Capital Improvement Program of the City of Wichita. This action approves only the intent to use City of Wichita bonding authority in the future and does not specifically authorize the issuance of debt nor does it preclude the use of any substitute funding source. The total cost for the capital improvements, based on the best present information, is $200,000 (an increase of $100,000). Motion -- carried Broadfoot moved that the Resolution be adopted. Motion carried 6 to 0. (Reeser absent) RESOLUTION NO. R-95- 098 A Supplemental Resolution declaring that a public necessity exists for, and that the public safety, service, and welfare will be advanced by, the making of certain capital improvements to the Wichita Mid-Continent Airport Facility operated by the Wichita Airport Authority of the City of Wichita, Kansas, presented. Broadfoot moved that the Resolution be adopted. Motion carried 6 to 0. (Reeser absent) Yeas: Cather, Cole, Ferris, Kamen, Rogers, Broadfoot. b. Retrofit Terminal Building Chillers. Agenda Report No. R-95-097. The project is Retrofit Terminal Building Chillers and represents improvements that will be made to Mid- Continent Airport subject to further action and approval by the Wichita Airport Authority. The project has been included in a Capital Improvement Program of the City of Wichita. This action approves only the intent to use City of Wichita bonding authority in the future and does not specifically authorize the issuance of debt nor does it preclude the use of any substitute funding source. The total cost for the capital improvements, based on the best present information, is $125,000 (an increase of $88,000). Motion -- carried Broadfoot moved that the Resolution be adopted. Motion carried 6 to 0. (Reeser absent) RESOLUTION NO. R-95- 097 A Supplemental Resolution declaring that a public necessity exists for, and that the public safety, service, and welfare will be advanced by, the making of certain capital improvements to the Wichita Mid-Continent Airport Facility operated by the Wichita Airport Authority of the City of Wichita, Kansas, presented. Broadfoot moved that the Resolution be adopted. Motion carried 6 to 0. (Reeser absent) Yeas: Cather, Cole, Ferris, Kamen, Rogers, Broadfoot. c. Water Distribution Systems. Agenda Report No. R-95-099. The project is Water Distribution System and represents improvements that will be made to Colonel James Jabara Airport subject to further action and approval by the Wichita Airport Authority. The project has been included in a Capital Improvement Program of the City of Wichita. This action approves only the intent to use City of Wichita bonding authority in the future and does not specifically authorize the issuance of debt nor does it preclude the use of any substitute funding source. The total cost for the capital improvements, based on the best present information, is $20,000. Motion -- carried Broadfoot moved that the Resolution be adopted. Motion carried 6 to 0. (Reeser absent) RESOLUTION NO. R-95- 099 A Resolution declaring that a public necessity exists for, and that the public safety, service, and welfare will be advanced by, the making of certain capital improvements to the Colonel James Jabara Airport Facility operated by the Wichita Airport Authority of the City of Wichita, Kansas, presented. Broadfoot moved that the Resolution be adopted. Motion carried 6 to 0. (Reeser absent) Yeas: Cather, Cole, Ferris, Kamen, Rogers, Broadfoot. ORDINANCES SECOND READING ORDINANCES. (First reading 2/28/95) Sycamore and Maple. ORDINANCE NO. 42-621 An Ordinance declaring the intersection of Sycamore and Maple (472-82557) 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. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Reeser absent) Yeas: Cather, Cole, Ferris, Kamen, Rogers, Broadfoot. Intersections ORDINANCE NO. 42-622 An Ordinance declaring Hillside at Pawnee, Seneca at McCormick, Meridian at McCormick, Harry at Edgemoor, and the Pawnee/K-42/West Street intersection (472-82558) 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. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Reeser absent) Yeas: Cather, Cole, Ferris, Kamen, Rogers, Broadfoot. FIRST READING ORDINANCE. INDUSTRIAL REVENUE BONDS, SERIES XII, 1987, (RALPH VAUTRAVERS, DBA RAND PUBLISHING COMPANY) Agenda Report No. 95-186. In 1987, the City of Wichita issued its Series XII, 1987 Industrial Revenue Bonds in the principal amount of $2,000,000, to finance new equipment for the operations of Ralph Vautravers, d/b/a Rand Publishing Company, at 500 South Florence in Wichita, Kansas. In 1989, the Tenant's publishing operations were incorporated, and the Lease was assigned to Rand Publishing Company, Inc., which, according to information from Bond Counsel, subsequently changed its corporate name to Rand Graphics, Inc. Pursuant to limitations expressed in the City's consent to the 1989 assignment of the Lease, Ralph Vautravers remains personally liable for the obligations created under the Lease and Guaranty for the Series XII 1987 bond issue. In connection with the Series XII 1987 bond issue, the City Council intended to grant a 50% property tax abatement on the equipment at issue for a five-year period. This was done by providing in the Lease for a ten-year exemption period, with a 50% payment-in-lieu of taxes for the first five years, and a 100% payment-in-lieu for the second five years. However, in calculating the amount of the annual payment-in- lieu, the parties used the 1987 (undepreciated) value of the equipment and 1987 mill levy. As a result, the amount of the annual payment-in-lieu provided for in the original Lease (now in its second five-year period) is more than twice what the actual taxes on the depreciated equipment would be, if it was on the tax rolls at 100% of assessed value. Consequently, the Tenant has asked to amend the Lease to terminate the tax exemption and place the equipment back on the tax rolls. The City's intent in entering into the payment-in-lieu provisions in the Lease was to allow an effective 50% exemption for the first five years, after which, the payment-in-lieu would nullify the value of the exemption for the second five years. Neither the Tenant not the City intended to establish a payment-in-lieu that would result in a liability greater than 100% of the tax on the assessed value of the equipment in the second five-year period. Consequently, the Lease amendment requested by the Tenant is needed to conform the tax situation to that intended by the parties at the time of the bond issue. The Lease amendment requested by the Tenant should result in alleviation of the Tenant's financial burdens with respect to excess payments-in-lieu, and should have no adverse impact on the security for the outstanding Bonds. It will probably decrease revenues split by the pertinent taxing districts by $12,000 to $25,000 (varying by year) for the remainder of the second five-year period under the bond Lease, but the decrease will be in accordance with the initial intent of the parties, and the property will bear its fair share of ad valorem taxes at 100% of its assessed value. Motion -- Broadfoot moved that the Ordinance be placed on first reading. Motion carried -- carried 6 to 0. (Reeser absent) ORDINANCE An Ordinance of the City of Wichita, Kansas, authorizing execution of a first amended lease by and between the City and Rand Graphics, Inc., introduced and under the rules laid over. PLANNING AGENDA Marvin Krout Director of Planning stated that Items 2 through 7 could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Rogers moved that Planning Agenda Items 2 through 7 be approved as consensus -- carried Items. Motion carried 6 to 0. (Reeser absent) V-1900 PUBLIC HEARING V-1900 - REQUEST TO VACATE A DRAINAGE EASEMENT EAST OF WOODLAWN (Item No. 1) AND SOUTH OF 21ST STREET NORTH. (District II) Agenda Report No. 95-187. Staff Recommendation: Approve vacation of drainage easement. MAPC Recommendation: Approve vacation of drainage easement. 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. Easement Drainage Easement dated January 26, 1995, from David C. Nesbitt, Devlin Properties (Part Lot 2 in Chelsea North Addition). Easement Temporary Drainage Easement dated January 26, 1995, from David C. Nesbitt, Devlin Properties (Associated with Lots 1 and 2, Chelsea North Addition). Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Kamen 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 and the easements be recorded with the Register of Deeds. -- carried Motion carried 6 to 0. (Reeser absent) S/D 91-23 S/D 91-23 PLAT OF THE KUMC FIRST ADDITION LOCATED EAST OF HYDRAULIC BETWEEN 9TH AND 11TH STREETS. (District I) Agenda Report No. 95-188. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. Petitions, all 100%, have been submitted for sanitary sewer, municipal water and alley paving improvements. A Certificate of Petitions has also been submitted. Until the relocations of certain sanitary sewer lines are completed, temporary sewer easements have been provided by the applicant to cover or protect these lines. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Water 100 Percent Petition for Water Distribution System Project No. 448-88895 to serve KUMC Addition (north of 9th, east of I-135) $43,000 S.A. (Hold for development) Sewer 100 Percent Petition for Sanitary Sewer Number 12 (Lateral 10, District 7) Project No. 468-82457 to serve KUMC Addition (north of 9th, east of I-135) $23,700 S.A. (Hold for development) Sewer 100 Percent Petition for Sanitary Sewer Number 12 (Lateral 12, District 7) Project No. 468-82458 to serve KUMC Addition (north of 9th, east of I-135) $6,000 S.A. (Hold for development) Sewer 100 Percent Petition for Sanitary Sewer Number 12 (Lateral 11, District 7) Project No. 468-82459 to serve KUMC Addition (north of 9th, east of I-135) $16,000 S.A. (Hold for development) Alley Paving 100 Percent Petition to pave alley, Project No. 472-82560 to serve KUMC Addition (north of 9th, east of I-135) $18,000 S.A. (Hold for development) Easement Temporary Sewer Easement from James B. Martin, President, The Kansas University Endowment Association, for part of Lot 1, Block 1, KUMC Addition. Easement Temporary Sewer Easement dated January 26, 1995, from Mark F. Schroeder, Chairman, Board of County Commissioners for part of Lot 1, Block 2, KUMC Addition. Certificate Certificate dated February 22, 1995, from Babar M. Khan. Motion -- Rogers moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion -- carried carried 6 to 0. (Reeser absent) RESOLUTION NO. R-95- 100 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Project No. 448-88895 to serve KUMC Addition (north of 9th, east of I-135) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Rogers moved that the Resolution be adopted. Motion carried 6 to 0. (Reeser absent) Yeas: Cather, Cole, Ferris, Kamen, Rogers, Broadfoot. RESOLUTION NO. R-95- 101 Resolution of findings of advisability and Resolution authorizing construction of Lateral 10, District 7, Sanitary Sewer Number 12, Project No. 468-82457 to serve KUMC Addition (north of 9th, east of I-135) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Rogers moved that the Resolution be adopted. Motion carried 6 to 0. (Reeser absent) Yeas: Cather, Cole, Ferris, Kamen, Rogers, Broadfoot. RESOLUTION NO. R-95- 102 Resolution of findings of advisability and Resolution authorizing Sanitary Sewer Number 12, Lateral 12, District 7, Project No. 468-82458 to serve KUMC Addition (north of 9th, east of I-135) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Rogers moved that the Resolution be adopted. Motion carried 6 to 0. (Reeser absent) Yeas: Cather, Cole, Ferris, Kamen, Rogers, Broadfoot. RESOLUTION NO. R-95- 103 Resolution of findings of advisability and Resolution authorizing construction of Sanitary Sewer Number 12, Lateral 11, District 7, Project No. 468-82459 to serve KUMC Addition (north of 9th, east of I-135) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Rogers moved that the Resolution be adopted. Motion carried 6 to 0. (Reeser absent) Yeas: Cather, Cole, Ferris, Kamen, Rogers, Broadfoot. RESOLUTION NO. R-95- 104 Resolution of findings of advisability and Resolution authorizing constructing an alley, Project No. 472- 82560 to serve KUMC Addition (north of 9th, east of I-135) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Rogers moved that the Resolution be adopted. Motion carried 6 to 0. (Reeser absent) Yeas: Cather, Cole, Ferris, Kamen, Rogers, Broadfoot. S/D 94-47 S/D 94-47 PLAT OF THE HOPE COMMUNITY BAPTIST CHURCH ADDITION LOCATED SOUTH OF MACARTHUR AND EAST OF HOOVER. Agenda Report No. 95-189. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. This site is in the County and has been approved by the Health Department for the use of on-site sanitary sewer and water facilities. However because of this site's proximity to Wichita, petitions, all 100%, have been submitted for future sanitary sewer and municipal water improvements. A Certificate of Petitions has also been submitted. The plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Water 100 Percent Petition for Water Distribution System Project Number 448-88893 to serve Hope Community Baptist Church Addition (east of Hoover, north of 47th Street South) $19,000 S.A. (Hold for development) Sewer 100 Percent Petition for Sanitary Sewer (Lateral 344, Southwest Interceptor) Project Number 468-82456 to serve Hope Community Baptist Church Addition (east of Hoover, north of 47th Street South) $17,000 S.A. (Hold for development) Certificate Certificate dated January 3, 1995, from Jose Garcia, Trustee for Hope Community Baptist Church, Hope Community Baptist Church Addition. Motion -- Rogers moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion -- carried carried 6 to 0. (Reeser absent) RESOLUTION NO. R-95- 105 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Project Number 448-88893 to serve Hope Community Baptist Church Addition (east of Hoover, north of 47th Street South) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Rogers moved that the Resolution be adopted. Motion carried 6 to 0. (Reeser absent) Yeas: Cather, Cole, Ferris, Kamen, Rogers, Broadfoot. RESOLUTION NO. R-95- 106 Resolution of findings of advisability and Resolution authorizing construction of Lateral 344, Southwest Interceptor, Project Number 468-82456 to serve Hope Community Baptist Church Addition (east of Hoover, north of 47th Street South) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Rogers moved that the Resolution be adopted. Motion carried 6 to 0. (Reeser absent) Yeas: Cather, Cole, Ferris, Kamen, Rogers, Broadfoot. S/D 94-63 S/D 94-63 PLAT OF THE HOUDEK ADDITION LOCATED SOUTH OF 2ND STREET AND WEST OF WEST STREET. (District V) Agenda Report No. 95-190. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. This site is located in a developed area of the City and needed facilities are already available. A zone change (Z-3141) from AA" and "B" to "LC" zoning has been approved for this site subject to platting. The plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Motion -- Rogers moved that the plat be approved as recommended and the Mayor be authorized to sign; and the associated zone change Z-3141 Ordinance be placed on first reading with publication of the Ordinance being withheld until such time as -- carried the plat has been recorded with the Register of Deeds. Motion carried 6 to 0. (Reeser 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-3141 S/D 94-88 S/D 94-88 PLAT OF THE GANN FIRST ADDITION LOCATED NORTH OF 31ST STREET SOUTH AND WEST OF BROADWAY. (District III) Agenda Report No. 95-191. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. This site is located in a developed area of the City and needed facilities are already available. A zone change (Z-3137) from "AA" and "B" to "LC" zoning has been approved for this site subject to platting. The plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Motion -- Rogers moved that the plat be approved as recommended and the Mayor be authorized to sign; and the associated zone change Z-3137 Ordinance be placed on first reading with publication of the Ordinance being withheld until such time as -- carried the plat has been recorded with the Register of Deeds. Motion carried 6 to 0. (Reeser 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-3137 S/D 94-89 S/D 94-89 PLAT OF THE SELF'S ADDITION LOCATION SOUTH OF MT. VERNON AND EAST OF SANTA FE. (District IV) Agenda Report No. 95-192. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. This site is located in a developed area of the City and needed facilities are already available. However, a cash guarantee has been submitted to close a driveway accessing an adjacent residential street. A zone change (Z- 3142) from "A" to "BB" zoning has been approved for this site subject to platting. The plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Motion -- Rogers moved that the plat be approved as recommended and the Mayor be authorized to sign; and the associated zone change Z-3142 Ordinance be placed on first reading with publication of the Ordinance being withheld until such time as -- carried the plat has been recorded with the Register of Deeds. Motion carried 6 to 0. (Reeser 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-3142 S/D 94-2 S/D 94-2 PLAT OF THE PACK ADDITION LOCATED SOUTH OF PAWNEE AND WEST OF MERIDIAN. Agenda Report No. 95-193. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. This site is located in a developed area of the City and needed facilities are already available. A zone change (Z-3136) from "AA" to "C" zoning has been approved for this site subject to platting. The plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Motion -- Rogers moved that the plat be approved as recommended and the Mayor be authorized to sign; and the associated zone change Z-3136 Ordinance be placed on first reading with publication of the Ordinance being withheld until such time as -- carried the plat has been recorded with the Register of Deeds. Motion carried 6 to 0. (Reeser 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-3136 (Item No. 8) COMPREHENSIVE PLAN PROPOSED AMENDMENTS TO THE WICHITA-SEDGWICK COUNTY COMPREHENSIVE PLAN. Marvin Krout Director of Planning said Sedgwick County had hired a consultant to evaluate several parcels they own and want to sell along K-96, near Central and 127th. The MAPC recommendations include a change to at least one of the tracts involved and the County Commission is not likely to approve the amendments until after the evaluation is completed. It is requested the City Council defer discussion and action on the Plan amendments. Motion -- Ferris moved that this Item be deferred until after the study is completed. -- carried Motion carried 6 to 0. (Reeser absent) (Item No. 9) MAPC BYLAWS PROPOSED AMENDMENTS TO THE MAPC BYLAWS. Council Member Cather Council Member Cather said he would like to work with the Director of Law on this Item to see how this will apply and if it can be made to apply to CPOs, and what kind of legal problems, if any, there may be with a CPO Council President being on the MAPC. Motion -- carried Cather moved that this Item be deferred four weeks. Motion carried 6 to 0. (Reeser absent) EXECUTIVE SESSION Motion -- Broadfoot moved that the Council recess to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to pending litigation and legal advice; preliminary discussions relating to the acquisition of real property for public purposes; and matters relating to employer-employee negotiations; and the regular meeting be -- carried resumed at 4:00 p.m. Motion carried 6 to 0. (Reeser absent) RECESS Council recessed at 3:05 p.m. and reconvened in regular session at 4:00 p.m. Mayor Broadfoot absent; Vice Mayor Rogers in the Chair. Vice Mayor Rogers Vice Mayor Rogers announced that no action was necessary as a result of the executive session. ADJOURNMENT The City Council meeting adjourned at 4:00 p.m. Pat Burnett Deputy City Clerk JOURNAL 158 MARCH 7, 1995 Page