MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, June 25, 1996 Tuesday, 9:02 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cather, Cole, Gale, Rogers; present. *Council Members Ferris, Kamen; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Rev. Bill Wood, St. John's Episcopal Church. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. Minutes -- The minutes of the regular meeting of June 18, 1996, were -- approved approved 5 to 0. (Ferris, Kamen; absent) *Council Members Ferris, Kamen; present. AWARDS AND PRESENTATIONS PROCLAMATIONS Mayor Knight presented the Proclamations previously approved. NEW BUSINESS CESSNA AIRCRAFT PROJECT CESSNA AIRCRAFT COMPANY 21ST STREET PROJECT. Chris Cherches City Manager reviewed the Item. a) Ordinance Implementing Provisions of Charter Ordinance Pertaining to Public Bidding. Agenda Report No. 95-1005 C. On February 28, 1995, the City Council adopted Charter Ordinance No. 158 which amends the City's requirement for bidding construction contracts for public improvement projects. The charter ordinance exempts from the public bidding requirements projects that are to be constructed by a developer pursuant to a developer agreement, provided that the City Council conducts a public hearing to consider whether to allow the exemption on a case-by-case basis and adopts an ordinance approving the exemption for each case. On December 22, 1995, the City Council designated Cessna Aircraft Company as the preferred developer for the construction of the City-owned light assembly and learning/day care facility on 21st Street. Negotiation of the developer agreement with Cessna is now complete and is ready for Council approval. In order to legally commit the City to the provisions of the developer agreement with Cessna, the City must approve the exemption from the public bidding requirements pursuant to Charter Ordinance No. 158. The implementation of the 21st Street project as a turn-key, design-build project pursuant to the developer agreement is expected to speed project completion and potentially save money due to the developer's experience in developing and operating similar facilities. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Rogers moved that the public hearing be closed and the Ordinance be placed on -- carried first reading. Motion carried 7 to 0. ORDINANCE An Ordinance of the City of Wichita, Kansas, implementing the provisions of Section 4 of Charter Ordinance No. 111, as amended by Charter Ordinance No. 158, pertaining to public bid requirements, introduced and under the rules laid over. b) Development Agreements and Bond Resolution. Agenda Report No. 95-1005 D. On November 21, 1995, the City Council authorized staff to negotiate with Cessna Aircraft Company and prepare a HUD Section 108 Loan guarantee application subject to final plans in an amount not to exceed $5.1 million dollars to permit Cessna to relocate and expand its existing 21st Street learning/training facility to the Heartspring campus. On December 12, 1995, the City Council took action to establish a tax increment financing (TIF) district at 21st and Grove which includes the area to be redeveloped by Cessna. On December 22, 1995, the City Council designated Cessna Aircraft Company as the preferred developer for the construction of the City-owned light assembly and learning/day care facility on 21st Street on the Heartspring campus at 2400 Jardine Drive and authorized the submittal of a HUD Section 108 loan guarantee application in the amount of $3,645,000. HUD approved the application on January 19, 1996. Cessna will serve as the turn-key developer and project manager for construction of the new light assembly facility and the learning/day care facility. The City will lease the facilities to Cessna under a five year lease with three renewal options. The City will retain title to the land and buildings. Cessna will construct a 26,838 square feet light assembly facility (expandable to 40,000 square feet) and a 20,343 square feet learning/day care facility with amenities. Cessna will provide $725,000 in tooling, equipment and furnishings, be responsible for all maintenance, insurance, utilities and taxes. Cessna will provide job training and placement, including day care, literacy, vocational and clerical training and will create a minimum of 115 full-time jobs over a three year period. All trainees will be KanWork eligible and low/moderate income. The total project costs are $5,274,072 and are comprised of $3,645,000 in Section 108 loan funds and $1,629,072 in tax increment financing. The Section 108 loan is secured by the land and buildings. Future CDBG allocations are required to be pledged as the ultimate security for the loan. The term of the Section 108 loan is 20 years and Cessna will make monthly lease payments to the City. If project revenues are not sufficient to make the loan payments, HUD will deduct the amount not paid from future CDBG allocations. The City will also utilize $375,000 in CDBG funds from program income to provide a discount on the Section 108 loan during the first eight years. A portion of the CDBG funds would be repaid by Cessna. The bonding resolution will permit the City to issue temporary financing for the entire project in an amount not to exceed $5,274,072 and authorizes the issuance of General Obligation bonds for permanent financing of the tax increment funded portion of the project. The developer agreements have also been reviewed and approved as to form by the City Attorney. These consist of three related agreements: developer agreement, lease agreement and a Section 108 contract. HUD has approved the four, five year lease options proposed by Cessna and no further action is required to proceed with the Section 108 loan guarantee. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Rogers moved that the developer agreement, lease agreement, Section 108 contract be approved; the Mayor be authorized to sign the necessary documents; and the -- carried Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-96-271 A Resolution approving the initiation of a project to construct a job training and subassembly facility, together with related child care and residential living components, and declaring it to be the intention of the City to issue General Obligation Bonds in an amount not to exceed $5,275,000 to pay all or a portion of the costs of such project, presented. Rogers moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. CITY COUNCIL AGENDA TRAVEL AUTHORIZATION APPROVAL OF CITY COUNCIL MEMBERS' TRAVEL TO OVERLAND PARK, KANSAS, OCTOBER 6-8, 1996, TO ATTEND LEAGUE OF KANSAS MUNICIPALITIES 86TH ANNUAL CONFERENCE. Motion -- carried Cather moved that the travel expense be authorized. Motion carried 7 to 0. BOARDS/COMMISSIONS NOTICE OF VACANCY - WICHITA COMMISSION ON THE STATUS OF WOMEN. One vacancy (Rogers), due to the nonattendance of Julianne King, for a term expiring June 30, 1997. Appointment will be made July 9, 1996. NOTICE OF VACANCY - PUBLIC ART ADVISORY BOARD. One vacancy (Council at-large), due to the resignation of Richard Seaton, for a term expiring June 30, 1997. Appointment will be made July 9, 1996. APPOINTMENT TO PUBLIC ART ADVISORY BOARD. One appointment (Council at-large), for a term expiring June 30, 1997. An appointment was not made. NOTICE OF VACANCY - METROPOLITAN AREA PLANNING COMMISSION. One vacancy (Rogers), due to the nonattendance of Gary Jones, for a term expiring June 30, 1997. Appointment will be made July 9, 1996. CONSENT AGENDA Knight moved that the Consent Agenda, except Item 7, be approved in accordance with the recommended action shown thereon. Motion carried 7 to 0. BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED JUNE 24,1996. At 10:00 a.m., Friday, June 21, 1996, 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 6/24/96) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Water Distribution System to serve Meadow Oaks 2nd Addition (south of 29th Street North, west of Woodlawn). (448-89010/733204/470398) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 02-13-96) (District I) AND Water Distribution System to serve Meadows Oaks 3rd Addition (south of 29th Street North, west of Woodlawn). (448-89011/733212/470399) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 02-13-96) (District I) Diggs Construction - $33,764.00 (Aggregate Bid Total) Lateral 5, Main 16, Southwest Interceptor Sewer to serve Horseshoe Lake & Cox Machine Addition (north of 21st, east of Ridge). (468-82597/742700/480362) Does not affect existing traffic. (Council approval date 04-23-96) (District V) Wildcat Construction Company - $82,120.00 Lighthouse Cove from the east line of Shore Boulevard to the east line of North Shore Boulevard in Horseshoe Lake Addition (north of 21st, east of Ridge). (472- 82711/763599/490462) Does not affect existing traffic. (Council approval date 04-23-96) (District V) AND Water Distribution System to serve Horseshoe Lake Addition (north of 21st, east of Ridge). (448-89031/733154/470393) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 04-23-96) (District V) Ritchie Paving - $316,317.52 (Aggregate Bid Total Alt #2) Knight moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign for the City. Motion carried 7 to 0. METROPOLITAN TRANSIT AUTHORITY: ONE (1) NEW CURRENT MODEL SEVEN (7) PASSENGER MINI-VAN (629295-4500) AS PER SPECIFICATIONS Rusty Eck Ford - $20,923.00 (Negotiated Price) WATER & SEWER DEPARTMENT/WATER DISTRIBUTION DIVISION: HVAC SYSTEM IMPROVEMENTS (630509-2505) AS PER SPECIFICATIONS Professional Air Conditioning Service, Inc. - $26,995.00 (Total Net Bid) PARK DEPARTMENT: PLAYGROUND EQUIPMENT CLAUDE LAMBE PARK (785550) AS PER SPECIFICATIONS Group I - Iron Mountain Forge/Recreation Resource$6,495.00 Group II - Miracle Recreation Equipment Co. $1,756.00 Group III - Iron Mountain Forge/Recreation Resource $2,128.75 Alternate Group I - Iron Mountain Forge/Recreation Resource $2,315.00 Alternate Group III - Iron Mountain Forge/Recreation Resource $1,215.00 PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS DIVISION: MAIN & GUTTER BROOMS FOR STREET SWEEPERS (130849) AS PER SPECIFICATIONS United Rotary Brush Corp. - $6,911.60 - Total Net Bid (Group I) Item 1 $172.79 Per Each United Rotary Brush Corp. - $34,160.00 - Total Net Bid (Group II) Item 1 $ 34.16 Per Each United Rotary Brush Corp. - $6,659.20 - Total Net Bid (Group III) Item 1 $164.94 Per Each VARIOUS DEPARTMENTS, BOARDS & AGENCIES: FURNISH TITLE INSURANCE, ABSTRACT AND RELATED SERVICES AS NEEDED AS PER SPECIFICATIONS Fidelity Title Company, Inc. Item 1 $ 32.00 Per List Item 1a $ 4.00 Per Lot Item 1b $ 4.00 Per Tract Item 2 $ 40.00 Per Certificate Item 2a $ 7.50 Per Parcel Item 2b $ 70.00 Per Contract Item 2c $ .45 Per Thousand Fee Item 2d $ .10 Per Thousand Fee Item 3 $ 75.00 Per Policy Item 3a $ 1.75 Per $1,000 Acquisition Cost to $50,000 Item 3b $ 1.25 Per $1,000 Acquisition Cost to $100,000 Item 3c $ .90 Per $1,000 Acquisition Cost to $5,000,000 Item 3d $ 25.00 Per Additional Parcels Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid. Motion carried 7 to 0. (ITEM 7) Lakeway Circle from the north line of 21st Street North to and including the cul-de-sac Horseshoe Lake & Cox Machine Addition (north of 21st, east of Ridge). (472-82712/763607/490463) Does not affect existing traffic. (Council approval date 04-23-96) (District V) AND Water Distribution System to serve Horseshoe Lake & Cox Machine Addition (north of 21st, east of Ridge). (448-89032/733162/470394) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 04-23-96) (District V) Chris Cherches City Manager requested that this matter be deferred for two weeks for review. Motion -- carried Knight moved that this Item be deferred two weeks. Motion carried 7 to 0. LICENSE APPLICATIONS APPLICATIONS FOR LICENSES. Adult Entertainment. John David Miller King's Enterprise2020 S. Oliver Valerie Washington Camelot Theater1519 S. Oliver Retail Cereal Malt Beverages. Renewal 1996 (Consumption on Premises) Roman Romero Angela's Cafe #2*1801 S. Broadway Kevin Raven Taco Tico* 2051 S. Seneca (Consumption off Premises) John R. Leftwich C Mart #7301 10330 W. Central #140 John K. Boyd Phillips 66 1350 N. Oliver Henry R. Waquespack Kwik Shop #722 3959 S. Hydraulic Henry R. Waquespack Kwik Shop #731 710 W. 29th N Henry R. Waquespack Kwik Shop #748 2809 E. Douglas Henry R. Waquespack Kwik Shop #760 1335 N. Tyler Henry R. Waquespack Kwik Shop #771 3940 W. 13th Henry R. Waquespack Kwik Shop #772 2750 S. Oliver *General Retailer--beer sales derive less than 50% of gross revenues. Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 7 to 0. PLANS AND SPECS. PLANS AND SPECIFICATIONS. a. Lateral 75, Main 1, Sanitary Sewer #12 (Oliver & 9th St. North). Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 07/18/95) (District I) (468-82482/621110/533-215) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., June 28, 1996. Motion carried 7 to 0. SUBDIVISION PLANS AND SPECIFICATIONS. a. Water Distribution System to serve (Woodland Lakes Estates Addition (south of Kellogg, west of 127th Street East). Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 03-05-96) (District n/a) (448-89020/733261/470-404) b. Water Distribution System to serve Lark 3rd Addition (south of Kellogg, east of 119th Street West). Does not affect existing traffic. (Council approval date 05-21-96) (District 5) (448-89051/733220/470-400) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., July 5, 1996. Motion carried 7 to 0. PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. Lateral 13, Main 13, Southwest Interceptor Sewer to serve Lark 3rd Addition (south of Kellogg, east of 119th Street West) - $215,000.00. Does not affect existing traffic. (Council approval date 05-21-96) (District V) (468- 82611/742734/480-365) b. Water Line along Glenn from McCormick to north of Munnell, Munnell from Hiram to Glenn, Millwood from McCormick to north of Dayton, Dayton from Vim to Millwood, Elizabeth from McCormick to north of Dayton - $334,690.00. Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 07-18-95) (District VI) (448-88991/634295/544-429) c. Water Main Extension on 27th Street North from Volutsia to Hillside - $80,000.00. Does not affect existing traffic. (Council approval date 07-18-95) (District I) (448- 89050/635060/544-606) Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 7 to 0. STATEMENTS OF COST STATEMENTS OF COST. a. (Amended First Partial) Relocate the Northeast Branch Library - $176,775. (Less Bonds Previously Issued - $24,775) Financing to be issued at this time - $152,000. (790543/435-085) b. (Amended First Partial) Renovation of Lawrence-Dumont Stadium - $245,000. Financing to be issued at this time - $245,000. (791095/435-140) c. (Amended First Partial) Health Department Roof Renovations - $42,000. Financing to be issued at this time - $42,000. (791301/435-159) d. (First Partial) Art Museum Chiller - $73,000. Financing to be issued at this time - $73,000. (791483/435-177) Motion -- Knight moved that the Statements of Cost be approved and filed. Motion -- carried carried 7 to 0. PETITION WATER DISTRIBUTION SYSTEM TO SERVE PART OF OVERBROOK SECOND ADDITION (NORTH OF CENTRAL, EAST OF 143RD STREET EAST). (District II) Agenda Report No. 96-522. The signatures on the petition represents 100% of the improvement district. Overbrook Second Addition was platted in May, 1981, as a single family neighborhood. The developer has submitted a new petition to reconfigure the area to accommodate the current lot sales rate. The estimated project cost is $75,000. The funding source is Special Assessments. Motion -- Knight moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-96-272 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89044 (north of Central, east of 143rd St. East) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. BOARDS MINUTES MINUTES OF ADVISORY BOARDS. Board of Electrical Appeals, 5/29/96, 6/11/96 CPO Northeast Council 1, 5/13/96 CPO East Council 2, 7/10/96 CPO Northwest Council 5, 6/12/96 Sister Cities Advisory Board, 4/5/96 Wichita Airport Authority, 6/3/96 Wichita Commission on the Status of People With Disabilities, 5/29/96, 6/5/96 Wichita/Sedgwick Council Solid Waste Management Committee, 5/20 /96-Revised Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 7 to 0. EASEMENTS & PERMIT EASEMENTS AND WATER RESOURCES PERMIT. a. Water Easement dated March 28, 1996, from Box Development for a tract in Comotara Power Center 2nd (Water Project, Index #733113) (no cost to City). b. Water Resources Permit dated August 11, 1995, from Division of Water Resources (Gypsum Creek Bikepath, Index #706135) (no cost to City). c. Release of Temporary Easement to be dated when executed by Mayor for a tract in Simon and Redburn Additions (Lateral 17, Submain 2, Sanitary Sewer #22, Index #607861) (no cost to City). Motion -- Knight moved that the documents be received and filed and the City Clerk be -- carried instructed to record with the Register of Deeds. Motion carried 7 to 0. STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. See Page 303 A. CLAIMS REPORT REPORT OF CLAIMS FILED. Name of Claimant Amount Smith Construction Co. $415.38 Southwestern Bell 363.47 Rogena McClure 198.44 Robert Killingsworth 270.26 Robert Wilson 185.08 Glen Waters 223.54 Kim Booth 180.42 Aaron Matej 190.57 Sharon K. Kirsch 690.00 Motion -- carried Knight moved that the Report be received and filed. Motion carried 7 to 0. FINANCIAL REPORT MONTHLY FINANCIAL REPORT - MONTH ENDING MAY 31, 1996. Motion -- carried Knight moved that the Report be received and filed. Motion carried 7 to 0. BUDGET SUBMITTAL SUBMITTAL OF FISCAL YEAR 1996 BUDGET FOR THE COMPREHENSIVE GRANT PROGRAM AND THE NEW FIVE-YEAR ACTION PLAN. Agenda Report No. 96-524. On October 1, 1992, the Department of Housing and Urban Development (HUD) awarded the City of Wichita, Human Services Department, $1,008,132.00 in funds to be administered under the guidelines of the Comprehensive Grant Program (CGP) (Hand Book #7485.3). In compliance with these guidelines, all PHA's must annually (by July 15) submit the Annual Statement for the new Fiscal-Year Budget (HUD Form #52837). Based on a formula allocation, the 1996 Fiscal-year allocation is $1,024,040.00. In addition to the annual Fiscal-Year Budget, a new Five-Year Action Plan HUD Form #52834, and the required supporting documents, as follows, are being submitted: Physical Needs Assessment Form #52832, Management Needs Assessment Form #52833, Executive Summary Form #52831, Certification for a Drug- Free Work Place Form #50070, Certification for Contracts, Grants, Loans and Cooperative Assistance Form #50071, a Local Government Statement Form #52835, PHA Board Resolution Form #52836, and Notice of Resident Consultation and Notice of Public Hearing. This item has been reviewed and approved by the Board of Housing Commissioners on June 20, 1996. The approved formula allocated budget moved for Fiscal Year 1996 is $1,024,040.00 (15% less than Fiscal Year 1995). Reduction in funding over the past two years has required a new Physical Need Assessment of public housing development wide. In doing so, a new Five-Year Action Plan has been developed to address those needs over the next five years based on our reduced funding and the priority capital improvement needs for Public Housing. Funding for fiscal year 1996 will be expended through total unit rehabilitation, architectural, and engineering costs to develop plans and specifications, total repair to old elevators located in the high-rises, and the hiring of a Resident Council Improvement Coordinator. In addition, security issues will be addressed with the installation of security cameras at both elderly high-rises. Motion -- Knight moved that submittal of the Fiscal Year 1996 Comprehensive Grant Budget and new Five-Year Action Plan through Fiscal Year 2000 to HUD be approved; and -- carried the Mayor be authorized to sign the necessary documents. Motion carried 7 to 0. ASSESSMENTS RESPREAD RESPREAD SPECIAL ASSESSMENTS IN TURTLE RUN THIRD ADDITION (SOUTH OF PAWNEE, EAST OF WEBB). (District II) Agenda Report No. 96-525. The developer, Pawnee Development, Inc., platted an addition called Turtle Run Third Addition, and has submitted an Agreement to respread special assessments in the addition. The land was originally included in numerous improvement districts for a number of public improvement projects. The purpose of the Agreement is to respread Special Assessments on an equal share basis for each lot. Without the Agreement, the assessments will be spread on a square foot basis. The Agreement will save the City time in recalculating special assessments for each newly platted lot and will equalize the assessments for each lot, making it easier for the developer to market the lots. There is no cost to the City. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. DESIGN SERVICES AGMT. DESIGN SERVICES FOR LARK SECOND ADDITION. (District V) Agenda Report No. 96-526. The City Council approved the Lark 2nd Addition development on March 7, 1995. The Agreement between the City and Baughman Co., P.A. provides for the design of Lark Lane (south of Kellogg, west of Maize). Because Baughman Co., P.A. provided subdivision engineering services for this addition, it can expedite construction plan preparation. Payment will be on a lump-sum basis not to exceed $19,600 and will be paid by Special Assessments. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. PROPERTY ACQUISITION ACQUISITION OF 472 S. ELPYCO (TRACT #25) FOR EAST KELLOGG/OLIVER IMPROVEMENT PROJECT. (District II) Agenda Report No. 96-527. The East Kellogg/Oliver Improvement Project received final approval and findings of no significant impact on all historic and environmental issues from the Federal Government in September, 1995, and the City was given permission to begin active acquisition in the corridor. At the time of the granting of permission, there were 54 tracts not under contract. Council approved the hiring of Land Acquisitions, Inc. to negotiate the remaining property acquisitions and relocations. One of the parcels to be acquired is located at 472 South Elpyco (Lot 13, Block 5, in the Lincoln Terrace Addition to Wichita) and is and is owned by Marjorie L. Kelley. The property has 7,680 square feet of land. The site is improved with a 1,052 square foot, tenant-occupied single family house. The property was appraised at $64,000 and the review appraiser concurred with this value. This amount was offered to the owners and was unacceptable. Based on sales comparables and improvements made by the owner, a negotiated sale price of $73,600 was agreed to. As this acquisition has been approved as part of the Kellogg/Oliver Interchange Project, Federal funds will be available to offset 80% of the the transaction cost. The tract was approved for condemnation but continued negotiations proved successful. Funds have been budgeted in the 1994 Capital Improvement Program. The funding source will be General Obligation bonds paid by local sales tax revenues. A budget of $83,600 includes: $73,600 for acquisition, $5,000 for eventual demolition, $3,000 for relocation and $2,000 for closing costs, title insurance, etc. Council action has approved $17,781,134 of Local Sales Tax for right-of-way acquisition for this project. There is also $8,820,000 of Federal funds earmarked for acquisitions on an 80%/20% basis for a total budget of $26,601,134. The total project encompasses 75 acquisitions. Excluding pending Council action, 44 parcels have been acquired, five are under contract, and the rest are in condemnation. Total expenditures to date total $8,267,471. An additional $1,571,864 has been approved for a total encumbrance of $9,839,335. Motion -- Knight moved that the budget and the Contract be approved; and the Mayor be -- carried authorized to sign the necessary documents. <> ACQUISITION OF 447 S. TERRACE (TRACT #8) FOR THE EAST KELLOGG/OLIVER IMPROVEMENT PROJECT. (District II) Agenda Report No. 96-528. The East Kellogg/Oliver Improvement Project received final approval and findings of no significant impact on all historic and environmental issues from the Federal Government in September, 1995, and the City was given permission to begin active acquisition in the corridor. At the time of the granting of permission, there were 54 tracts not under contract. Council approved the hiring of Land Acquisitions, Inc. to negotiate the remaining property acquisitions and relocations. One of the parcels to be acquired is located at 447 South Terrace (Lot 7 and Lot 8 except the North 60 feet, Block 10, in the Lincoln Heights Addition to Wichita) and is and is owned by Kerry and Patricia Krambeck. The property has 10,695 square feet of land. The site is improved with a 2,056 square foot, two-story house. The property was appraised at $108,000 and the review appraiser concurred with this value. This amount was offered to the owners and accepted. They found this offer to be unacceptable. They produced evidence to support a negotiated value of $149,900 and this price was agreed to. As this acquisition has been approved as part of the Kellogg/Oliver Interchange Project, Federal funds will be available to offset 80% of the the transaction cost. The subject tract was approved for condemnation but continued negotiations proved successful. Funds have been budgeted in the 1994 Capital Improvement Program. The funding source will be General Obligation bonds paid by local sales tax revenues. A budget of $160,400 includes: $108,000 for acquisition, $5,000 for eventual demolition, $45,400 for relocation and $2,000 for closing costs, title insurance, etc. Council action has approved $17,781,134 of Local Sales Tax for right-of-way acquisition for this project. There is also $8,820,000 of Federal funds earmarked for acquisitions on an 80%/20% basis for a total budget of $26,601,134. The total project encompasses 75 acquisitions. Excluding pending Council action, 44 parcels have been acquired, five are under contract, and the rest are in condemnation. Total expenditures to date total $8,267,471. An additional $1,571,864 has been approved for a total encumbrance of $9,839,335. Motion -- Knight moved that the budget and the Contract be approved; and the Mayor be -- carried authorized to sign the necessary documents. ACQUISITION OF 442 S. PERSHING (TRACT #11) FOR THE EAST KELLOGG/OLIVER IMPROVEMENT PROJECT. (District II) Agenda Report No. 96-529. The East Kellogg/Oliver Improvement Project received final approval and findings of no significant impact on all historic and environmental issues from the Federal Government in September, 1995, and the City was given permission to begin active acquisition in the corridor. At the time of the granting of permission, there were 54 tracts not under contract. Council approved the hiring of Land Acquisitions, Inc. to negotiate the remaining property acquisitions and relocations. One of the parcels to be acquired is located at 442 South Pershing (Lot 12 and the South 30 feet of 13, Block 12, in the Lincoln Heights Addition to Wichita) and is and is owned by the St. John's Episcopal Church Umbrella Trust. The property has 14,350 square feet of land. The site is improved with a 2,681 square foot, two-story house. The property was appraised at $125,000 and the review appraiser concurred with this value. This amount was offered to the owners. They found this offer to be unacceptable. They produced evidence to support a negotiated value of $149,900 and this price was agreed to. As this acquisition has been approved as part of the Kellogg/Oliver Interchange Project, Federal funds will be available to offset 80% of the the transaction cost. The subject tract was approved for condemnation but continued negotiations proved successful. Funds have been budgeted in the 1994 Capital Improvement Program. The funding source will be General Obligation bonds paid by local sales tax revenues. A budget of $187,900 includes: $149,900 for acquisition, $5,000 for eventual demolition, $31,000 for relocation and $2,000 for closing costs, title insurance, etc. Council action has approved $17,781,134 of Local Sales Tax for right-of-way acquisition for this project. There is also $8,820,000 of Federal funds earmarked for acquisitions on an 80%/20% basis for a total budget of $26,601,134. The total project encompasses 75 acquisitions. Excluding pending Council action, 44 parcels have been acquired, five are under contract, and the rest are in condemnation. Total expenditures to date total $8,267,471. An additional $1,571,864 has been approved for a total encumbrance of $9,839,335. Motion -- Knight moved that the budget and the Contract be approved; and the Mayor be -- carried authorized to sign the necessary documents. AIRPORT CIP PROJECT WICHITA AIRPORT AUTHORITY - CAPITAL PROJECT INITIATION (WATER DISTRIBUTION SYSTEM). Agenda Report No. 96-530. 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 $30,000 (an increase of $10,000). Motion -- carried Knight moved that the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-96-273 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 Colonel James Jabara Airport facility operated by the Wichita Airport Authority of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. SETTLEMENT AGREEMENT SETTLEMENT AGREEMENT - MINER MIKE'S INC. V. CITY OF WICHITA AND BOARD OF ZONING APPEALS. Agenda Report No. 96-531. Law Suite (95 C 2804) was filed as an appeal from the September 26, 1995, decision by the BZA which had reversed an interpretation of Superintendent of OCI and ruled that Miner Mike's proposed use of property near 21st and Tyler Road was not allowed by the Community Unit Plan (CUP). The case was tried in District Court on April 11-12, 1996, and a decision was rendered May 2, 1996, finding in favor of Miner Mike's. The City and BZA filed a post-trial motion to dismiss, alter, or amend the judgment, citing numerous alleged grounds of error. The parties have proposed to settle the lawsuit as reflected in the Settlement Agreement. Under the Agreement, an Amended Journal Entry would be filed with the Court. The Journal Entry will not contain any findings or conclusions relative to the standing of the person bringing the case to BZA nor to the BZA's jurisdiction. The City and BZA will agree not to appeal the other issues that allow Miner Mike's to use the property in the way modified by the Court. Finally, there is a mutual release of claims. There is no direct financial impact from the settlement. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. ORDINANCES FIRST READING ORDINANCES. Motion -- Knight moved that the Ordinances be placed on first reading. Motion carried -- carried 7 to 0. S.A. - Lot Clean Up ORDINANCE An Ordinance making a special assessment to pay for the cost of abating certain public health nuisances (Lot Clean Up) under the provision of Section 7.40.050 of the Code of the City of Wichita, Kansas, introduced and under the rules laid over. S.A.- Sidewalk Const. ORDINANCE An Ordinance making a special assessment to pay for the improvement of and providing a tax levy for the cost of construction of sidewalks in the City of Wichita, Kansas, introduced and under the rules laid over. SECOND READING ORDINANCE. (First Reading June 11, 1996) ORDINANCE NO. 43-156 Water Well Code An Ordinance pertaining to water wells, amending Section 7.30.010, creating Section 7.30.105, and repealing the original of Section 7.30.010 of the Code of the City of Wichita, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. PLANNING AGENDA Marvin Krout Director of Planning stated that all items could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Knight moved that Planning Agenda Items be approved as consensus Items. Motion -- carried carried 7 to 0. V-1961 V-1961 - VACATE A PORTION OF A UTILITY EASEMENT LOCATED IN AN AREA NORTH OF CENTRAL AND WEST OF 143RD STREET EAST. Agenda Report No. 96-532. Staff Recommendation: Approve vacation of utility easement. MAPC Recommendation: Approve vacation of utility 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. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Knight moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order be recorded with the Register of Deeds. Motion carried -- carried 7 to 0. S/D 95-69 S/D 95-69 - PLAT OF THE DELGADO ADDITION LOCATED NORTH OF MACARTHUR AND EAST OF WEST STREET. Agenda Report No. 96-533. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. (unanimous) Although this site is in the County, it will use a City of Wichita water line in West Street and an outside-the- City water agreement has been submitted. To provide for this site's future participation in municipal sanitary sewer improvements, a petition has been obtained and will be held for such improvements. A Certificate of Petitions has also been submitted. This site has been approved by the Health Department for the use of on-site sanitary sewer at this time. However, a restrictive covenant was required which restricts this site to wastes typical for a residential use and not industrial in nature. County approval for industrial zoning (SCZ-0694) has been obtained for the site. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Documents Water agreement, Certificate of Petitions, and Restrictive Covenant Clara and Eduardo Delgado. Sewer 100 Percent Petition for construction of Lateral 368, Southwest Interceptor Sewer (north of MacArthur, east of West Street) Project No. 468-82619 ($11,400 S.A.) (Hold for development) Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign the necessary -- carried documents. Motion carried 7 to 0. RESOLUTION NO. R-96-274 Resolution of findings of advisability and Resolution authorizing construction of Lateral 368, Southwest Interceptor Sewer (north of MacArthur, east of West Street) Project No. 468-82619, in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. A 96-14 A 96-14 - REQUEST FOR ANNEXATION OF PROPERTY ADJOINING THE CITY AND GENERALLY LOCATED 1/4 MILE EAST OF 119TH STREET WEST AND BETWEEN 21ST STREET NORTH AND 29TH STREET NORTH. Agenda Report No. 96-534. Requested by Jay W. Russell and Edward T. Neville. Motion -- Knight moved that the annexation request be approved and the annexation -- carried Ordinance be placed on first reading. Motion carried 7 to 0. ORDINANCE An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, introduced and under the rules laid over. A-96-14 A 96-15 A 96-15 - REQUEST FOR ANNEXATION OF PROPERTY ADJOINING THE CITY AND GENERALLY LOCATED 1/4 MILE SOUTH OF KELLOGG AND 1/4 MILE EAST OF WEBB ROAD. Agenda Report No. 96-535. Requested by Harrison Park Development, L.L.C. Motion -- Knight moved that the annexation request be approved and the annexation -- carried Ordinance be placed on first reading. Motion carried 7 to 0. ORDINANCE An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, introduced and under the rules laid over. A-96-15 RECESS The City Council recessed at 9:15 a.m. to En Banc Workshop Session with the Sedgwick County Commission on Solid Waste Management and reconvened in regular session at 11:30 a.m. Motion -- Knight moved that the Council recess to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to pending litigation and legal advice; and the regular meeting be resumed at 12:30 p.m. in the City Council Chambers. Motion carried -- carried 7 to 0. RECESS Council recessed at 11:32 a.m. and reconvened in regular session at 12:32 p.m. Mayor Knight Mayor Knight announced that no action was necessary as a result of the executive session. ADJOURNMENT The City Council meeting adjourned at 12:32 a.m. Pat Burnett City Clerk STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. Agenda Report No. 96-523. The contractors involved in the construction of the Hyatt Regency Hotel on the east side of the river and immediately south of Century II, Martin K. Eby Construction Co., Inc. and Metric Constructors, Inc., are requesting the closure of the bike path adjacent to the construction area from July 1996 through April 1997. The proximity of the hotel construction to the bike path, along with the planned water wall and other beautification improvements in this area, pose a danger to pedestrians during the construction period. Options to protect bicyclists and pedestrians next to this construction are limited. Because of the scope of this project, a 212-foot-high boom crane has been erected on site. During construction, numerous loads will be moved above portions of the bike path. The contractors are responsible for the installation of closure barricades along the bike path and for securing the affected portion of the east bank of the river in the danger area. Motion -- carried Knight moved that the bike path closure be approved. Motion carried 7 to 0. COUNCIL PROCEEDINGS JOURNAL 161 JUNE 25, 1996 Page 2 COUNCIL PROCEEDINGS JOURNAL 161 JUNE 25, 1996 Page 303 A