MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, August 13, 1996 Tuesday, 9:10 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cather, Cole, Gale, Kamen; present. Council Members *Ferris, Rogers; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Beatrice Gray, Tabernacle Baptist 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 August 6, 1996, were -- approved approved 5 to 0. (Ferris, Rogers; absent) AWARDS AND PRESENTATIONS SERVICE CITATIONS Mayor Knight presented Distinguished Service Citations to those present. PROCLAMATIONS Mayor Knight presented the Proclamations previously approved. PUBLIC AGENDA COMMENTS BY CARRIE JONES. Carrie Jones Carrie Jones, Wichita Metropolitan Family Preservation Agency, Inc., presented a certificate in recognition of the Weed and Seed Project. COMMENTS BY CARL BAILEY. Carl Bailey Carl Bailey, 4129 Regents Lane, spoke concerning citizens being required to repair city property (sidewalks). Mr. Bailey presented petitions, with approximately 200 signatures, which stated the belief that the sidewalks are the responsibility of the City and not the individual citizen. Mr. Bailey asked that Charter Ordinance No. 88 be amended or repealed and that the City's policy on this matter be reconsidered. Mayor Knight Mayor Knight asked that this matter be set for a future workshop session. UNFINISHED BUSINESS *Council Member Ferris present. WHITE GOODS POLICY WHITE GOODS SHREDDER FLUFF POLICY FOR BROOKS LANDFILL. (District VI) Continued from July 30, 1996. Steve Lackey Director of Public Works reviewed the Item. Agenda Report No. 96-583 B. On July 30, 1996, the City Council reviewed a draft policy on handling of white goods shredder fluff at Brooks Landfill. The Council directed staff to revise the policy to provide for random sampling and analysis of such fluff at the generator's expense. The revised policy provides for the directives of the Council. Key provisions of the policy include: Testing of such fluff will be required for the first load, and randomly thereafter. It will be done at the generator's facility. Sampling will be performed by Environmental Health. Lab fees will be paid by the generator. Samples must not exceed EPA/KDHE limits. The generator will pay for the laboratory analysis cost. The only additional cost to the City will be staff time to obtain the sample and working with the generator to receive the lab fees, both of which are minimal. The Law Department has concurred that the implementation of a White Goods Sorting Program at Brooks can be implemented through a policy and procedures statement. Shredder fluff is a part of the White Goods Sorting Program. BROOKS LANDFILL POLICY FOR THE ACCEPTANCE OF WHITE GOODS SHREDDER FLUFF On August 13, 1996, the Wichita City Council adopted the following policy for the acceptance of shredder fluff from white goods: Such fluff will be accepted if it meets all regulatory requirements. The City of Wichita will not require a Disposal Authorization. The generator will pay the standard tipping fees in effect at the time of disposal. The City requires testing of a generator's first load of fluff, and then random testing thereafter. Frequency of future testing will depend upon past results. Because testing is random, there is no set schedule nor frequency. When the generator is ready to take a load of fluff to the Landfill, they are to contact the City's Environmental Health staff to determine if that load will be randomly tested. (The first load must be tested.) If it is to be tested, the City's Environmental Health staff will take the sample at the generator's facility, which must be in Sedgwick County. The generator will pay a laboratory of the City's choice to analyze the sample. The fluff will not be accepted until laboratory fees are paid and it is determined that the fluff does not exceed regulations for landfilling. (If the fluff fails the tests, that load will not be accepted at Brooks. Future testing of fluff from that generator will be more frequent.) The normal fluff contaminants include small amounts of PCBs and mercury. The EPA/KDHE limits for those are: LIMITS ON CONTAMINANTS IN WHITE GOODS SHREDDER FLUFF EPA OR KDHE LIMIT PCBs 50 ppm Total Mercury 4 mg/kg TCLP Mercury 0.2 mg/L If it is not to be randomly sampled, Environmental Health will advise the Landfill staff and the generator may take it to the Landfill. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- carried Kamen moved that the Policy be adopted. Motion carried 6 to 0. (Rogers absent) NEW BUSINESS SOLID WASTE MANAGEMENT PUBLIC COMMENT ON SOLID WASTE MANAGEMENT. Steve Lackey Director of Public Works said public hearings were held on August 12, 1996, on the contamination issue at Brooks Landfill and on the vertical expansion permit request previously sent to the Kansas Department of Health and Environment (KDHE). Prior to the hearing, officials from KDHE spoke to the public at the hearing and advised that the solid waste planning efforts the City of Wichita was currently undertaking was a separate issue from both public hearings held on August 12, 1996. The KDHE decision on vertical expansion would be made separate and independent from an approved solid waste management plan. KDHE also acknowledged in comments on August 12th that State and City Staff have been working together and will continue to work together to approve the plan originally submitted and ultimately "rejected" earlier. KDHE informed the Director of Public Works that every plan that has been sent to KDHE, to date, had been rejected and sent back to local governments for future revisions (standard operating procedure). KDHE acknowledged that the plan submitted by Wichita, although it was four years old, needed some data update - which KDHE acknowledged would not take very long. The City has received commitments from KDHE that the Plan, as submitted, would be revised and would be something do-able between both staffs. Meetings will occur next week between KDHE and City Staffs to start the process. Although the City of Wichita has had solid waste management responsibility from the late 1930's, the planning for current-day activities actually began in 1991. The Council approved the Contract with Camp Dresser & McKee to develop an integrated Solid Waste Management Plan. 1991 was over one year before the State of Kansas passed HB 2801 which set out a process and planning mechanisms for local units of government to follow in developing planning and implementation of solid waste facilities. The City of Wichita started over a year ahead of time and acknowledged the fact that the City needed to be in the lead and hired a firm to begin the process. A draft Plan was presented to the Council in May, 1992, again ahead of legislation passed to set about the process. The City developed a plan in a format and studied the issue prior to the State telling local units of government how the plans would have to be done. The Plan was presented to the City Council in the original format and, because of the vast amount of data collection and meetings, discussed recycling possibilities, management of solid waste, and areas in which the City of Wichita might want to proceed in its planning efforts. The Plan took into account population, population trends, land use trends, and waste characterization. There were actually people in "moon suits" at the landfill sifting through trash, analyzing, weighing, and determining the City's actual waste stream. The Plan also noted that public education was a very important part of the process. On May 22, 1992, HB 2801 passed and provided for the establishment of a Solid Waste Planning Committee and provided for a surcharge on tipping fees at the landfill that would fund businesses or planning efforts in terms of developing plans for local communities. The City asked the State, after the Plan was completed (after Camp Dresser & McKee was hired), if the City could use the tipping fee revenues to pay for the Plan the City had already paid for. The City, at that time, was told that it could not but that with future planning efforts the City could possibly apply and receive planning grant dollars. The City was, once again, somewhat penalized for being ahead and local dollars were not available to pay for the first planning effort. Prior to that, in October of 1993, Wichita was designated, through an interlocal agreement between the City and Sedgwick County, as the planning agency for Sedgwick County. After that, in June of 1994, the Solid Waste Planning Committee (a nineteen member Board with both City and County appointees) was formed. The Wichita Solid Waste Management Committee voted to support the Plan in February of 1995 - after many public hearings and much debate before CPOs, Management Districts, the Planning Commission, and the Solid Waste Management Planning Committee. During the planning effort, there was much discussion about volume-based rates, franchising of haulers, composting, yard and wood waste bans, tire bans, liquid bans, etc. In the fall of 1995, the City submitted the vertical expansion of Brooks Landfill request to KDHE, with City Council guidance in terms of a five-year expansion request and a maximum height of 120 feet. That plan was reviewed and the documentation sent to KDHE was approved which led to the public hearing on August 12th, and will hopefully lead, within the next two to three weeks, to KDHE approval. In terms of the adopted Plan that went to KDHE in March of 1996, both the City Council and the County Commission approved the Plan as submitted. The City Council approved sending the Plan, as a data base and background information, so there would be documentation of public debate, analysis, data collection, and guidance on what to propose and implement in the community. Attached to the Plan was an overview of what was currently going on in the City of Wichita and Sedgwick County in terms of planning. Burns and McDonald have been hired to give the City the technical expertise to wade through the costs associated with different technologies in disposal, transfer stations, and landfill costs. KDHE acknowledged that the City still is in the planning process and is looking for disposal solution; and KDHE informed the City to merely submit that information in the written comments along with the Plan - which has been done. During the planning process, the City of Wichita has banned tires at the landfill and a private business has now taken on the tires and is working toward shredding and eliminating the tire problem in the community. Liquids have been banned at the landfill and private business has taken that on as a business. The City has banned almost three million gallons of liquids that was going to Brooks Landfill on an annual basis. The Solid Waste Management Committee has recommended the White Goods Sorting Program which was initiated in January, 1996, and has been implemented. Drop off sites in the local community have been initiated and expanded. Dillons has expanded the recycling drop-off program and it is an integral part of the City's process. The public education program has approximately $300,000 annually budgeted for public education with respect to recycling. Several public service announcements have been initiated on local networks which shows the City's commitment in that area. Yard and wood waste ban was delayed for one year because private business stepped forward and, because they would not be able to manage that this year, asked for a one-year reprieve. The yard and wood waste ban is scheduled to begin in January, 1997. Construction and demolition ban was recommended by the Planning Committee and the issue will be before the City Council in the first part of September for further discussion on how to manage the construction and demolition waste that currently goes to Brooks Landfill. Volume-based rates has been discussed by the Planning Committee and is still being discussed as a viable alternative in terms of weekly service to residential properties. An expanded household hazardous waste program operates in southern Wichita and there is money budgeted for 1997 to expand the operation to a daily program under the charge of the Environmental Health Department. During the spring and summer of 1996, there was a Solid Waste Assembly at WSU which brought in constituents from communities throughout Sedgwick County to discuss regional issues with respect to Solid Waste Planning. There was considerable discussion on how regional efforts could be used to assist in planning and implementing recycling and other disposal issues affected by solid waste management. Currently, the City has a request for proposal that has been sent to several businesses and interested parties on the establishment of a solid waste transfer station. The Council had directed that Staff provide the information as quickly as possible so decisions could be made with respect to disposal in Sedgwick County. The proposals will be to the City the first week of September, the firms will be interviewed during September, and recommendations will be presented to the City Council the first week of October for discussions of costs of transfer stations versus other alternatives. The Solid Waste Management Plan parallels the State regulations outside of the requirement that a ten-year financial be provided. After the discussions have occurred this fall, with respect to transfer stations and landfill, then a ten-year financial plan can be provided. The City Manager and the Director of Public Works have both visited with KDHE and KDHE understands the situation the City has in terms of gathering more information on transfer stations. KDHE also understands that a revised document that reflects those decisions will be provided in the near future. In visiting with more than one KDHE official on August 12th, indications were that they feel very comfortable with the City meeting and "ironing out" the issues surrounded in the letter received by the City in July. Hopefully, the City will have a commitment by KDHE and City Staff to complete the document in a timely fashion. Mayor Knight Mayor Knight said the Secretary of the Kansas Department of Health and Environment had told him in a telephone conversation that he was impressed with City employees who were doing a very good job. Chris Cherches City Manager said there appeared in the media some discussion about the Secretary of KDHE attempting to separate the issues, stressing the complex nature and the fact that there was a rejection letter is common and routine and almost a matter of fact that happens in initial submittals. The Secretary assured the reporter that the City was doing as much as could be expected in a complex plan and that he did not feel that the issues could not be worked out quickly. As a result of conversations the Mayor and City Manager have had with the Secretary of KDHE, top level people are being sent to Wichita to resolve the issues over a conference table next week. Council Member Ferris Council Member Ferris, referring to a letter from Mr. Stotts from KDHE, said a copy of the letter was sent to the Sedgwick County Commission but not to the City Council. Steve Lackey Director of Public Works, responding to a question, said it is believed the Plan referred to in a letter from Mr. Stotts from KDHE was a four-page Supplemental Plan submitted to KDHE which attempted to explain what was going on in 1996 and what had happened with the Solid Waste Committee. The four-page Supplemental Plan was attached to the full Solid Waste Management Plan. The original Solid Waste Management Plan is now being finalized through the planning processes currently being used. The final Solid Waste Management Plan will include the items as requested by KDHE. Basically, KDHE wants the plan updated with current population information (from 1991 to 1996 figures), any waste characterization change, and a plan of action in terms of reduction, re-use, and disposal. That is what the City is now trying to do and KDHE understands that. Council Member Cather Council Member Cather said the public has been drawn into a dialogue, there have been a number of solutions proposed from many places, there have been numerous meetings held, and the stage has been set for a solution. Staff has solicited proposals and the City is moving forward on several fronts. The City is on track and is doing what ought to get done. The biggest problem that can be generated at this time would be if the process were stopped and then started all over again with the County taking charge. There is some concern that this has not been on a pay-as-you-go tipping fee basis at the landfill. This is a policy that was set many years ago before any of current management or council were present and there was no idea about the potential closing costs of Brooks Landfill. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Milt Pollitt Milt Pollitt, Chair of the Solid Waste Management Committee, said the Committee will, on August 26, 1996, spend a full day in providing whatever assistance they can in the process regarding the list attached to the letter from KDHE. Mayor Knight Mayor Knight said he is proud of the City Council, Staff, and the Sedgwick County Commission who need to regroup, communicate, and stay connected to find the answers to the challenges. Council Member Cole Council Member Cole said a special recognition needed to be given to the Solid Waste Management Committee for their dedication and efforts. The many kinds of expertise on the Committee is very necessary for solving the problems in a comprehensive manner. Motion -- carried Knight moved that the comments be taken under advisement. Motion carried 6 to 0. (Rogers absent) PARKING ORDINANCE PARKING ORDINANCE AMENDMENT FOR CITY HALL PARKING GARAGE. Agenda Report No. 96-668. The ordinances currently in place do not address a number of specific parking issues which are unique to the design of the new parking garage. The ordinance provides amendments to conform with the current parking plan which has been implemented in the garage. The ordinance amendment establishes a metered parking lot south of City Hall. The lot remains subject to all existing ordinances regarding metered parking. The parking garage is no longer considered a parking meter zone as the garage has no parking meters. The ordinance provides for designated public and employee parking as well as provisions for parking lots for official vehicles. Council Member Ferris momentarily absent. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- carried Cole moved that the Ordinance be placed on first reading. Motion carried 6 to 0. (Rogers absent) ORDINANCE An Ordinance amending Sections 11.52.090, 11.68.010, 11.68.020, 11.68.110, and 11.97.050 of the Code of the City of Wichita, Kansas, pertaining to parking in municipal parking garage and a certain parking lot -- permit parking, establishment of parking meter zones, installation of meters and marking of spaces, overtime parking and parking meter zones, and repealing the original of said sections, introduced and under the rules laid over. RECESS The City Council recessed at 10:23 a.m. and returned at 10:35 a.m. NIC REDEVELOPMENT PLAN PUBLIC HEARING AND ADOPTION OF THE NORTH INDUSTRIAL CORRIDOR (NIC) REDEVELOPMENT PLAN. Council Member Kamen declared a conflict of interest and left the Bench. Allen Bell Financial Projects Director reviewed the Item. Agenda Report No. 96-663. On March 5, 1996, the City Council established the North Industrial Corridor ("NIC") Redevelopment District for the purpose of providing tax increment financing for the clean- up of groundwater contamination in the District. The final step to be taken in the TIF process is the adoption of a redevelopment plan which includes a feasibility study and a description of the redevelopment projects being funded with TIF proceeds. August 13, 1996 at 10:30 a.m. is the time set for a public hearing on the redevelopment plan. In order for the County Treasurer to be authorized to set aside the tax increment generated in the district, the City must adopt a redevelopment plan that describes the district, the environmental cleanup projects being financed with the TIF, and establishes the financial feasibility of the TIF to finance the project. Adoption of the redevelopment plan must coincide with the adoption of a budget, pursuant to the State Budget Law, which provides for the expenditure of public funds, including TIF funds, on the NIC cleanup project. Prior to adopting the redevelopment plan, the City Council must hold a public hearing and receive public comment on the proposed plan. State law requires the Council to set the time and place for the public hearing in the form of a resolution. A copy of the resolution has been mailed to all owners and occupants of property located within the District, to the County Commission, and to the Board of Education, as required by law. The statute also directs the City to prepare the redevelopment plan "in consultation with the planning commission of the City." On July 25, 1996, the Metropolitan Area Planning Commission met to consider the NIC redevelopment plan and found that the plan is consistent with the general comprehensive plan for development of the City. The proposed Redevelopment Plan includes a comprehensive financial feasibility study, showing that the projected costs of the clean-up program can be paid from the revenues generated by the tax increment, as well as a general description of the plan for remediation of the groundwater pollution in the District and copies of the various agreements that have been entered into concerning the program. The feasibility study identifies the maximum amount of the tax increment, based on the projected amount of property taxes that will be generated in the District in 1996. The 1996 assessed value of all property in the District is $50.8 million. Using the 1995 mill levy, it is estimated that the property in the District will generate over $5.8 million in taxes in 1996. State law allows the City to use up to $1,165,302 (20%) of that revenue to pay for clean-up costs that are not funded by responsible parties or other sources. Although the City expects to recover nearly all the costs from responsible parties, the feasibility study shows that all projected clean-up costs could be funded with the tax increment, if necessary. The action taken by the City Council has established 1996 as the base year for calculating the maximum amount of tax increment revenues that can be captured from property taxes generated within the District. With the adoption of the redevelopment plan, the County Treasurer will be authorized and directed to begin "capturing" the tax increment and distributing the money to the City to pay NIC cleanup costs. In order to begin collecting the tax increment along with 1997 property tax distributions from the County, the ordinance must be adopted no later than August 25, 1996. State law requires a two-thirds majority vote for the adoption of the redevelopment plan. Once adopted, a copy of the ordinance and the redevelopment plan must be delivered by the City Clerk to the County Clerk. The adoption of the redevelopment plan, by ordinance, also constitutes the establishment of bonding authority under K.S.A. 12-1770 et seq. for the issuance of full faith and credit tax increment bonds. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Martin Hammer Martin Hammer, 2028 North Payne, spoke in favor of the redevelopment plan. Mr. Hammer said he has property in the Gilbert and Mosley area and since development of the redevelopment plan for that area, he has seen an increase in the property value in that area. Mr. Hammer expressed gratitude to the City for their work on this and said it is one of the best things that has been done for the City. Arlen Mitchell Arlen Mitchell said the property tax was previously reduced by 40 percent and asked what the City would do with the extra 20 percent. Ray Trail Director of Finance explained that the City's share of the taxes is only 25 percent. Andy Antonson Andy Antonson, 8923 West 17th, representing three ministry areas within the area, inquired about the church tax rate. Mayor Knight Mayor Knight said that exempt property would remain exempt. Motion -- Knight moved that the public hearing be closed and the ordinance adopting the redevelopment plan for the North Industrial Corridor Redevelopment District be -- carried placed on first reading. Motion carried 5 to 0. (Kamen, Rogers; absent) ORDINANCE An Ordinance adopting a redevelopment plan for a redevelopment project located within the North Industrial Corridor Redevelopment District, introduced and under the rules laid over. Council Member Kamen present. OPERATING BUDGETS 1997 ANNUAL OPERATING BUDGET AND REVISIONS TO THE 1996 BUDGET. Agenda Report No. 96-664. The City Council has received public comments and held workshops on the proposed 1997/98 budget. On July 30, 1996, the City Council authorized the publication of the notice of hearings, and set the maximum mill levy for the 1997 City budget. 1997 Operating Budget. The proposed 1997 annual operating budget has been published at $299,818,090 (including appropriated fund balances and certain trust funds, as required under State Law). As published, the budget will require $50,127,520 in current property taxes (including delinquency allowance) for the General Fund and Debt Service Fund. The mill levy needed to finance the 1997 budget as published is 31.44 (21.39 General Fund and 10.05 Debt Service). Jointly Funded Budgets. The General Fund includes City of Wichita contributions to the jointly funded City-County budgets in the following dollar amounts and percentages/shares: o Wichita-Sedgwick County Flood Control Works$ 659,930 (50%) o Wichita-Sedgwick County Department of Community Health2,356,490 (60%) o Wichita-Sedgwick County Metropolitan Area Planning Department522,370 (50%) It is necessary for the City Council to approve joint agreements to continue these functions. The County Commission is expected to likewise approve the County share of these functions. Fee Changes. The 1997 budget proposed budget assumes the following actions with respect to fees: o The City's Domestic Violence (DV) fee is proposed to increase (from $3 to $4) to offset the direct expenses associated with the City's program. o The Public Defender fee is proposed to decrease (from $4 to $3), concurrently with the increase in the DV fee. o To maintain a three-month operating cash reserve in the OCI Fund, as agreed between the City and the Builders' Association, the 25% discount on building permits was decreased to 15% on July 1, 1996. Based on current activity, it is proposed to eliminate the discount on October 1, 1996, with a 10% premium added on January 1, 1997. o The proposed Landfill budget provides for tipping fees of $15.92 in 1997 ($8.87 base fee, $1.00 State fee, and $6.05 for programs) and $19.74 in 1998 ($9.47 base fee, $1.00 State fee, and $9.00 for programs). The contract specifies an adjustment based on the consumer price index (CPI), which is not reflected in these assumptions but will be provided at a later date. (An additional $1.03/ton has been added by the City Council.) o Golf green fees are proposed to be increased $1 (plus season pass adjustments) to sustain operations on the four City golf courses). 1996 Revised Budget. Several revisions in the 1996 budget are proposed. These revisions have been incorporated into the proposed 1997/98 budget document as "1996 revised" amounts, and increase expenditure authorizations for four funds: Property Management Operations Fund, Storm Water Utility Fund, Data Center Fund, and the Telecommunications Fund. Changes in Budget. Since the submittal of the Proposed Budget some changes have occurred. These changes include: 1. Finalizing details of available grant support for the Public Safety Initiative (PSI) and timing for receipt of these funds have resulted in the local PSI costs being reduced $1 million for 1996. 2. A revised estimate of the 1996 assessed valuation (which is the basis for the 1997 budget) was 1.6% greater than anticipated during budget development. Based on the current mill levy, the higher assessed valuation will reduce the amount of the General Fund budget deficit by $517,560 in 1997 and $525,320 in 1998. Likewise, the Debt Service Fund will benefit by $254,900 and $258,720 in 1997 and 1998, respectively. 3. A proposal before the FCC will reduce electric rates for KG&E customers. The reductions are expected to be approved and will reduce franchise fee revenue and expenditures, causing a (General Fund) net negative impact of $739,850 (1997) and $998,590 (1998). During recent Budget workshops the City Council has tentatively adjusted the budget with the following additions: ITEM 1996 1997 1998 General Fund WI/SE special program $ 25,000 $ 0 $ 0 Boathouse 0 50,000 50,000* Transit subsidy 0 67,240 67,240 Swimming pools 0 33,850 0 Chamber audio/visual 300,000 0 0 TOTAL General Fund $ 325,000 $ 151,090 $ 117,240 *Not to be allocated, but subject to City Manager's evaluation/determination. In addition to these changes, the City Council agreed to support an increase (above the Proposed Budget) in Landfill tipping fees of $1.03 per ton (for a total of $16.95 in 1997 and $20.77 in 1998). The $1 general increase will be allocated to a future landfill and cleanup costs, and the $.03 will be dedicated to greenway projects. The total additional revenue and added expenditure authority to the Landfill Fund is $375,950. One other change involves the Neighborhood Center at Colvin Elementary School. The published budget included operations funding for this Center allocated entirely within a Nondepartmental account. The Neighborhood Center program will require a budget of $51,000 (using part of the Nondepartmental allocation). The Proposed Budget proposes no tax increase; the City's 31.4 mill tax levy will remain the same. Police service enhancements include funding for the Public Safety Initiative of 111 police officers, 16 police support personnel, and 16 new positions in Court and Law. A new assisted fire station will be constructed and 11 new Fire positions added. A 15% increase for the employer cost of health insurance is included for 1998. Pension contributions of 9% for the Wichita Employee Retirement (WER) program and 18.3% for the Police and Fire (P&F) program are projected for 1997 and 1998. Publication of the notice of formal hearing set the maximum dollars that may be expended in each fund. The City Council may reduce expenditures required (and proposed tax dollars to be levied) but not increase expenditures previously established. Publication requirements of State law for the final (formal) public hearing have been met. Following final Council action on the proposed budget, proper certification will be made of the property taxes to be levied in conformity with State law. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Harvey Sorenson Harvey Sorenson, DDC, presented the following information identifying the proposed uses for the $100,000 requested from the City for 1997: Development Manager Salary $ 30,000 Benefits 7,500 Development Manager Support 15,800 Property Marketing Materials 3,500 City Share of Asset Management Strategy 43,200 Total City Amount $100,000 Responding to questions, Mr. Sorenson said Jerry Jones had hired interns to work part-time for about $4- 6,000. The research would be on ownership of property, property values, potential investment, surveys, and developing strategy figures. Development managers have time to do some research but the focus of their work is seen to be on marketing properties, less on research. Michael Byington Michael Byington, Wichita Industries and Services for the Blind, said the MTA is distributed public notices to bus riders, in anticipation of budget cuts, which outline elimination of routes and shortening of other routes. Mr. Byington said 99 percent of what he previously predicted is being proposed - severe and capricious transportation cuts. Mr. Byington asked that the proposed cuts to the MTA be replaced. Mayor Knight Mayor Knight suggested Mr. Byington put pressure on the MTA and planners to come up with a responsive to needs transportation plan. David Wilkinson David Wilkinson, Fairmount Neighborhood, said a formal vote had not been taken by the neighborhood association regarding keeping the pool open. Usage of the pool has been 1,634 visits, with 163 visits per week and 35 visits per day. It is important to keep the pool open for children in the neighborhood. The Neighborhood Association will be discussing this matter and one week. Mr. Wilkinson asked that operating funds for 1997 be included in the budget. Chris Cherches City Manager reminded the Council that during the workshop, the dollars were set aside to allow for retention (maintenance) of pools through 1997 under the conditions that there are no major capital improvements to the pools and that the neighborhood associations actively work to maintain or reconstruct the pools and return to the Council with a plan before the next budget session. John Polson John Polson, concerned citizen, spoke requesting increased proposed staffing to two full-time positions at the Northeast Branch Library. Mayor Knight Mayor Knight explained that the City Manager could review the need for additional help at the library and bring back any required adjustments. Council Member Ferris Council Member Ferris, regarding the Police Department Budget, said a review is under way and some requested information is not yet available. Council Member Ferris proposed that, instead of funding the approximate $1.8 million in the actual staffing allocations, the money be set aside in a contingency fund for police staffing in the year 1997 and 1998. The reasons for placing these moneys in a contingency fund are that: 1) the City is in the process of trying to secure grant money. If money is budgeted for grant positions, the City cannot secure grants for the positions. If the money is set aside in contingency without actually funding the positions, the City will have the ability to get grant money (50 percent) and, potentially, save tax dollars; and 2) the staffing measures will come back to the Council. The Police Department is doing an appraisal and may return with different recommendations. Council Member Ferris further clarified that the approximate $1.8 million should be removed from a line item and placed in contingency in the same budget and returned to the Council for actual allocation. Mike Watson Police Chief affirmed that this is not seen as reversing the public safety initiative. Chief Watson also said it is possible he will want to "tweak" the funds one way or another. Council Member Cather Council Member Cather said he would like to see the additional funds needed by Big Brothers/Big Sisters made available. Chris Cherches City Manager said the budget for Big Brothers/Big Sisters is allocated from liquor taxes which are distributed on the recommendations of the ADAAB recommendations to the Council. Budget recommendations are based on hearings and priorities. Ray Trail Director of Finance, answering a question, said there may be some liquor tax fund allocation which were not spent but as there has been a decline in overall revenue and there has been a reduction in funding support in many of the programs, the organizations tend to utilize this funding to the maximum extent possible and it is not expected there will be a great deal of underexpenditure. Council Member Ferris Council Member Ferris inquired regarding the Central Inspection fund reductions and asked that information be provided to him later. Mayor Knight Mayor Knight said there should be support for Storm Drainage projects already initiated or to be designed in 1996 and 1997. There should be community dialogue to establish community priorities. There should also be clearer definition as to what represents real problems and concerns for property owners and what represents inconvenience. A little more time should be spent to work through the whole drainage matter but not at the expense of short-term projects already "on the drawing board." Other options should be explored to ensure that what is being financed represents the compelling immediate need in the community. The community discussion would probably be a fall or winter process with significant feedback to the Council by the first of next year. A workshop could be held with staff returning with a series of options programmed to spend down $8 to $9 million. Council Member Ferris Council Member Ferris, regarding the DDC, said he had a problem of giving money and not getting information publicly when requested afterward. The $100,000 could be set aside in a contract with the DDC to fulfill goals and then, when completed, the moneys could be dispersed as under CDBG contracts - for actual costs, things completed. There is concern with regard to the $15,800 for development manager support but staff could approve those allocations as the work is completed and the same is true in the area of marketing expenses. Council Member Cole Council Member Cole said there could be better accounting and assurances the money would be spent for what it was requested. Consensus of the Council was that there was support for the following: Audio-Visual Council Chamber Upgrade Police Department contingency fund for police staffing in the years 1997 and 1998. Storm Drainage - move toward clarify - not jeopardize 1996 and 1997 plans. Revisit through workshops and community discussions. DDC - $100,000 for 1997 with accountability as previously discussed. Big Brothers/Big Sisters - $19,170 from Alcohol Contingency Fund. (application must ensure eligible for funding) Majority of Council indicated support for: MTA - $67,000 with additional $50,000 support. Motion -- Knight moved that the 1997 budget (including the changes tentatively made in Council workshops and the Neighborhood Center budget and revisions discussed at this meeting) be approved; the 1996 budget for the Property Management Operations Fund, Storm Water Utility Fund, Data Center Fund, and Telecommunications Fund be amended; the joint agreements with Sedgwick County be approved and the Mayor be authorized to sign; the use of local funds derived from property within the corporate limits for the Wichita State University Board of Trustees (Interlocal Agreement between the City and County) be approved; and the Ordinance be placed -- carried on its passage and adopted. Motion carried 6 to 0. (Rogers absent) ORDINANCE NO. 43-191 An Ordinance making and fixing general tax levy for the City of Wichita, Kansas, for the year beginning January 1, 1997, and ending December 31, 1997, and relating thereto, and concurrently approving certain amendments to the 1996 adopted budget, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. TIF - GILBERT & MOSLEY 1997 BUDGET - TAX INCREMENT FINANCING DISTRICT #1 (GILBERT AND MOSLEY). Council Member Kamen declared a conflict of interest and abstained from participation. Agenda Report No. 96-665. The City Council has received the proposed budget for Tax Increment Financing ("TIF") District #1 (Gilbert and Mosley). TIF District #1 was established in August, 1991, to fund the clean-up of ground water contamination in the Gilbert/Mosley district. Clean-up expenditures not attributable, nor billable, to potentially responsible parties are covered by the tax increment. The City has entered in a legal agreement with one responsible party, and 39 potentially responsible parties have been identified. The 1997 proposed budget includes total expenditures of $2,836,690 for capital outlay, operational costs, debt service payments and administrative costs. Contributions from potentially responsible parties are budgeted at $717,590, temporary note proceeds at $1,620,000 and interest earnings estimated at $12,940. The tax district increment is estimated at $486,160. The proposed tax increment for the 1997 budget cannot be increased but the amount can be decreased by City Council action. Publication requirements of State law for the final public hearing have been met. Following final Council action on the proposed budget, proper certification will be made of the increment in conformity with State law. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the public hearing be closed, the budget of $2,836,690 be approved, and the Budget Ordinance be placed on its passage and adopted. Motion -- carried carried 5 to 0. (Kamen abstained, Rogers absent) ORDINANCE NO. 43-192 An Ordinance making and filing an increment in ad valorem taxes for the Gilbert and Mosley site redevelopment district, City of Wichita, Kansas, for the fiscal year beginning January 1, 1997, and ending December 31, 1997, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Kamen abstained, Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Knight. NIC - TIF BUDGET 1997 BUDGET - TAX INCREMENT FINANCING DISTRICT #2 (NIC). Council Member Kamen declared a conflict of interest on this Item and abstained from participation. Agenda Report No. 96-666. The City Council has received the proposed budget for Tax Increment Financing ("TIF") District #2 (North Industrial Corridor). TIF District #2 was established in March, 1996, to fund the clean-up of ground water contamination in the North Industrial Corridor district. Clean-up expenditures not attributable, nor billable, to potentially responsible parties are covered by the tax increment. The City has entered in a legal agreement with 26 potentially responsible parties who have agreed to pay for the portion of the costs of cleaning-up the pollution for which they are responsible. The proposed 1996 Revised Budget includes expenditures of $650,000 to be made in 1996. The proposed sources of funding the 1996 expenditures is a negotiated $390,000 contribution from potentially responsible parties and a temporary transfer of $260,000 from the Environmental Management Trust. The 1997 proposed budget includes total expenditures of $439,610 for the direct costs of investigation and remediation of the groundwater contamination in the district, including capital outlay, operational costs, administrative costs and transfers to reimburse the Environmental Management Trust. Additional contributions from potentially responsible parties are not expected until after completion of the investigation phase of the project in 1998. The tax district increment for 1997 is estimated at $439,610. The proposed tax increment for the 1997 budget cannot be increased but the amount can be decreased by City Council action. Publication requirements of State law for the final public hearing have been met. Following final Council action on the proposed budget, proper certification will be made of the increment in conformity with State law. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the public hearing be closed, the 1996 revised budget of $650,000 and the 1997 budget of $439,610 be approved, and the budget ordinance be -- carried placed on its passage and adopted. Motion carried 5 to 0. (Kamen abstained, Rogers absent) ORDINANCE NO. 43-193 An Ordinance making and filing an increment in ad valorem taxes for the North Industrial Corridor redevelopment district, City of Wichita, Kansas, for the fiscal year beginning January 1, 1997, and ending December 31, 1996, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Kamen abstained, Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Knight. 1996-2005 CIP CAPITAL IMPROVEMENT PROGRAM (CIP) FOR 1996-2005. Ray Trail Director of Finance reviewed the Item. Agenda Report No. 96-667. Following the receipt of public comment, the proposed 1996-2005 Capital Improvement Program (CIP) was prepared by the CIP Administrative Committee. The preparation of the CIP involved diligent efforts to utilize all known sources of revenue and to program these funds in such a manner as to maximize the number of capital improvements that can be implemented with available funds. A draft of the proposed CIP was distributed to the Metropolitan Area Planning Commission (MAPC) and Citizen Participation Organizations (CPOs) earlier this year for review and comment. The MAPC approved the proposed CIP as conforming to the Comprehensive Plan. It is proposed that the City Council authorize the 1996, 1997, and 1998 capital programs as part of the capital budgets for the three years, allowing designs to commence on the scheduled projects, together with grant applications to be filed for project support. The City Council has also directed staff to revise the CIP to advance the Core Area wayfinding for project for construction in 1997. The 1996-2005 Capital Improvement Program contains projects totaling an estimated $934,856,000, of which $173,323,000 is included in the 1996 capital improvement budget, $119,601,000 is included in the 1997 capital improvement budget, and $98,514,000 is included in the 1998 capital improvement budget. The 1996-2005 CIP conforms with the guidelines set forth in the City's fiscal policy. City of Wichita general obligation bonds are presently rated AA by Mode's and AA by Standard & Pool's. The implementation of projects contained in the 1996-2005 CIP should allow the City of maintain its favorable ratings. As mandated by Ordinance No. 39-196, one-half of the revenue received from the City of Wichita's portion of a one percent sales tax is pledged for road, highway, and bridge projects, including right-of-way acquisition. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Mayor Knight Mayor Knight said it is his hope that this is really saying to move ahead for what is planned for 1997 but that a very careful review is being gone through as to community priorities. Motion -- Cather moved that the 1996-2005 Capital Improvement Program be approved and filed and initiation of all projects scheduled for 1996, 1997, and 1998, be authorized with appropriate design solicitations and filing of applications for available state and federal project support. Chris Cherches City Manager explained that all projects have to be returned to the Council for approval but that to get some of the federal and state applications in, the advance movement is necessary. -- carried Motion carried 6 to 0. (Rogers absent) CITY COUNCIL AGENDA APPOINTMENTS APPOINTMENT TO CIVIL RIGHTS AND SERVICES BOARD One appointment (Cole) for a term to expire June 30, 1997. Motion -- carried Cole moved that this Item be deferred two weeks. Motion carried 6 to 0. (Rogers absent) APPOINTMENT TO WICHITA/SEDGWICK COUNTY BOARD OF HEALTH One appointment (Cole), for a term expiring June 30, 1997. Motion -- carried Cole moved that this Item be deferred two weeks. Motion carried 6 to 0. (Rogers absent) CONSENT AGENDA Knight moved that the Consent Agenda, except Items 18, 27, and 30 d and 3, be approved in accordance with the recommended action shown thereon. Motion carried 6 to 0. (Rogers absent) BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED AUGUST 12,1996. At 10:00 a.m., Friday, August 9, 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 August 12, 1996) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS 1996-1997 CDBG Neighborhood Improvement Program. (618025/815003) Traffic to be maintained through construction. (Council approval date 03-19-96) Kansas Paving - $89,800.00 (Engineer's Construction Estimate) University from east line of Ridge to west line of Dugan right-of-way; Summitlawn from south line of Maple to south line of Lot 4, Block F, Westerlea Village; Scouller from south line of Maple to north line of Taft right-of-way; Ralstin from south line of Maple to north line of Taft right-of- way; Howe from south line of Maple to north line of Taft right- of-way; Fairhaven; Winterset from south line of Maple to north line of Taft right-of-way, and; Winterset Court from #6514 through #6524 and $424 through #443, Westerlea Village Addition (south of Maple, east of Ridge). (472-82667/763565/490459 & 660266/561602) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 01-09- 96) (District V) Cornejo and Sons - $529,625.90 (LS/MQ Total Alternate #1) Storm Water Sewer #475 to serve Woodland Lakes Estates Addition (south of Kellogg, west of 127th Street East). (468- 82581/750810/485117) Does not affect existing traffic. (Council approval date 03-05-96) (District II) Nowak Construction - $275,700.00 (Engineer's Construction Estimate) 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 6 to 0. (Rogers absent) PUBLIC WORKS/FLEET AND BUILDINGS: FURNITURE FOR THE NORTHEAST BRANCH LIBRARY 790543-2599 AS PER SPECIFICATIONS Bowlus School Supply Co. - $33,050.70 - Total Net Bid VARIOUS DEPARTMENT, BOARDS, AND AGENCIES: EMULSIFIED ASPHALT 132224 AS PER SPECIFICATIONS Koch Materials Company - $.507 per gallon $25,350.00 Total Net Bid FINANCE DEPARTMENT/PURCHASING: FINE PAPER AND CARBONLESS PAPER REQUIREMENTS 037200 AS PER SPECIFICATIONS Group I - Unisource - Total Net Bid - $60,325.60 (2% 10 prox.) Item # 1 - $ 3.45 per M Item # 2 - $ 4.00 per M Item # 3 - $ 5.36 per M Item # 4 - $ 8.42 per M Item # 5 - $ 6.50 per M Item # 6 - $ 8.20 per M Item # 7 - $12.75 per M Item # 8 - $ 3.52 per M Item # 9 - $ 4.66 per M Item #10 - $ 5.20 per M Item #11 - $ 6.06 per M Item #12 - $12.08 per M Item #13 - $ 6.45 per M Item #14 - $12.85 per M Item #15 - $12.35 per M Item #16 - $ 4.00 per M Item #17 - $ 5.36 per M Item #18 - $24.72 per M Item #19 - $ 4.54 per M Group II - Unisource - $2,760.00 Total Net Bid (2% - 10th prox.) Item #1 -$8.65 per M Item #2 - $9.75 per M VARIOUS DEPARTMENTS, BOARDS AND AGENCIES: ROLL TISSUE, PAPER TOWELS AND MISCELLANEOUS PAPER PRODUCTS 130849 AS PER SPECIFICATIONS Group I - Southwest Paper Co.- 9,625.00 Total Net Bid Item #1 $13.75 per case Group II - Southwest Paper Co. - $13,625.00 Total Net Bid Item #1 $27.25 per case Group III - Southwest Paper Co. - $$4,290.00 Total Net Bid Item #1 $11.44 per case Group IV - Huber, Inc. - $1,552.50 Total Net Bid Item #1 - $31.05 per case Group V - Southwest Paper Co.- $5,650.60 Total Net Bid Item #1 - $58.64 per case Item #2 - $30.39 per case Item #3 - $71.94 per case Group VI - Southwest Paper Co. - $13,970.00 Total Net Bid Item #1 - $27.94 per case Group VII - Massco, Inc. - $7,154.95 Total Net Bid Item #1 - $47.28 per case Item #2 - $35.57 per case Group VIII - Southwest Paper Co. - $8,130.60 Total Net Bid Item #1 - $43.20 per case Item #2 - $27.94 per case Item #3 - $27.94 per case Item #4 - $27.94 per case Group IX - Southwest Paper Co. - $$155.76 Total Net Bid Item #1 - $12.98 per case Group X - Huber, Inc. - $654.26 Total Net Bid Item #1 - $44.74 per case Item #2 - $25.16 per case Group XI - Paper Sales, Inc. $935.50 Total Net Bid Item #1 - $37.42 per case PUBLIC WORKS/FLEET AND BUILDINGS: SIGN BLANKS, STREET NAME BLADES & MISC SIGN HARDWARE 130849 AS PER SPECIFICATIONS Group I - Amsign Corporation - $16,091.25 Total Net Bid Item # 1 - $ 1.36 per Each Item # 2 - $ 2.04 per Each Item # 3 - $ 2.72 per Each Item # 4 - $ 3.06 per Each Item # 5 - $ 4.08 per Each Item # 6 - $ 6.13 per Each Item # 7 - $ 8.17 per Each Item # 8 - $ 5.45 per Each Item # 9 - $ 6.81 per Each Item #10 - $ 8.17 per Each Item #11 - $10.89 per Each Item #12 - $10.21 per Each Item #13 - $15.34 per Each Item #14 - $20.45 per Each Item #15 - $ 7.65 per Each Item #16 - $ 8.51 per Each Item #17 - $10.89 per Each Item #18 - $34.09 per Each Item #19 - $ 7.43 per Each Item #20 - $ 5.75 per Each Group II - Amsign Corporation - $13,933.00 - Total Net Bid Item # 1 - $ 2.99 per Each Item # 2 - $ 3.74 per Each Item # 3 - $ 4.48 per Each Item # 4 - $ 3.54 per Each Item # 5 - $ 4.43 per Each Item # 6 - $ 5.31 per Each Item # 7 - $ 6.20 per Each Item # 8 - $ 7.08 per Each Group III - Hall Signs, Inc. - $6,970.00 - Total Net Bid Item #1 - $3.55 per Each Item #2 - $3.42 per Each Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid. Motion carried 6 to 0. (Rogers absent) LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1996 (Consumption on Premises) Kevin Raven Taco Tico* 3131 N. Rock Rd. Kevin Raven Taco Tico* 1230 S. Rock Rd. Kevin Raven Taco Tico* 8001 E. Central Kevin Raven Taco Tico* 603 E. 47th St. S New Establishment 1996 (Consumption on Premises) Kevin Raven Taco Tico* 1645 E. MacArthur *General Retailer--beer sales derive less than 50% of gross revenues. Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 6 to 0. (Rogers absent) PLANS AND SPECS. PLANS AND SPECIFICATIONS. a. 1996-1997 CDBG Sidewalk Reconstruction at various locations. (472-815002/618017/815002) Traffic to be maintained through construction. (Council approval date 03-14- 95) (District n/a) b. Bank Stabilization Repairs to the Wichita-Valley Center Flood Control Project: South Meridian to South Seneca and Structure V Channel Repairs. (791335/435162) Does not affect existing traffic. (Council approval date 08-30- 95) (District n/a) c. Sewer Response Plan to Raise Buried Manholes (1996 - Set 2). (468-82630/621383/533249) Does not affect existing traffic. (Council approval date 07/18/95) (District II & III) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., August 23, 1996. Motion carried 6 to 0. (Rogers absent) SUBDIVISION PLANS AND SPECIFICATIONS. a. Right Turn Lane on Rock Road to serve Bradley Fair Parkway and Lot 1, Block 1, Bradley Fair 2nd Addition; Left Turn Lane and Median from the north line of Rock Road Court to the north line of Lot 1, Block 1, Bradley Fair 2nd Addition, and; Median reconstruction from the north line of Lot 1, Block 1, Bradley Fair 2nd Addition, to the south line of 21st Street in Bradley Fair 2nd Addition (south of 21st, east of Webb). (472-82730/763714/490474) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 05-21-96) (District 2) b. Traffic Signal at the corner of Rock Road and Bradley Fair (472-82729/763706/490473) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 05-21-96) (District 2) c. Mill and Overlay of Rock Road at Bradley Fair (132282/112000) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 05-21-96) (District 2) d. Bradley Fair Parkway from the east line of Rock Road to the east line of Lot 2, Block 1, Bradley Fair 2nd Addition, and sidewalk along both sides of Bradley Fair Parkway from the east line of Rock Road to the east line of Lot 2, Block 1, Bradley Fair 2nd Addition (south of 21st, east of Webb). (472-82731/763722/490475) Does not affect existing traffic. (Council approval date 05/21/96) (District 2) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., August 23, 1996. Motion carried 6 to 0. (Rogers absent) PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. 1996 Contract Maintenance Cold Recycled Paving of 45th Street North from the east side of Rock Road to 1/2 mile east of Rock Road - $14,000.00. Traffic to be maintained during construction. (Council approval date 01-23-96) (District n/a) (/132290/112-000) b. Kellogg/Oliver Interchange, Phase I, Street Improvements (grading, surfacing, bridges, fencing, and seeding) for Kellogg Avenue - $$2,329,655.96. Street closures (approximately 25 days each): Broadview, Gilbert, Belmont. Property owners will be notified prior to street closures. Temporary access shall be maintained to local traffic whenever possible. Lincoln at Broadview will be reduced to two lanes; Pinecrest and Orme will be closed during construction; traffic on Kellogg will not be affected. (Council approval date 04-20- 93) (District II) (701896/401-092) c. Relocation of an existing 16" water line along Seneca at I-235 - $75,000.00. Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 07-18-96) (District IV) (448-88977/635037/533-603) Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 6 to 0. (Rogers absent) BOARDS MINUTES MINUTES OF ADVISORY BOARDS. CPO Northeast Council 1, 7/22/96 CPO East Council 2, 7/22/96 Wichita Public Library, 7/16/96 Civil Rights & Services, 7/15/96 Police & Fire Retirement Systems of Wichita, 7/24/96 Wichita-Sedgwick County Solid Waste Management Committee, 7/1/96 Wichita-Sedgwick County Solid Waste Management Committee, 8/5/96 Board of Zoning Appeals, 7/25/96 Historic Preservation Board, 7/8/96 Wichita-Sedgwick County Alcohol & Drug Abuse Advisory Board, 7/11/96 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 6 to 0. (Rogers absent) STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. There were no street closures/uses considered. (Item No. 18) FAMILY INNS CONTRACT AMENDED CONTRACT WITH FAMILY INNS OF AMERICA. Agenda Report No. 96-669. The City has contracted with the Family Inns for the last three years to provide lodging, classroom space, and meals, for the Wichita Intervention Program. Revisions to the contract allow an increase in meal charges and expansion to a larger classroom. Under the program, drunk drivers are confined at the Family Inns Motel from Friday night until Sunday night. The entire cost is paid by offender fees. The offender must pay $200 to attend the class. Council Member Kamen Council Member Kamen said the program is excellent and is to be commended. Motion -- Kamen moved that the Contract be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Rogers absent) EMERGENCY SHELTER GRANT EMERGENCY SHELTER GRANT CONTRACT. Agenda Report No. 96-670. On June 4, 1996, the City Council approved the revised Emergency Shelter Grant allocations to be included in the City's 1996/97 Housing and Urban Development (HUD) Consolidated Plan. The Plan will provide funds for a number of homeless agencies for operations, shelter renovation, essential services, and homeless prevention. A contract with one of these agencies is being brought before the Council. The Emergency Shelter Grant contract before the Council is with Inter-Faith Ministries of Wichita. The contract provides funds for homeless shelter renovation costs and is consistent with the City's HUD Consolidated Plan as approved by the Council. The maximum amount for the Inter-Faith Ministries contract is $11,300. These federal HUD funds are available through the Stewart B. McKinney Homeless Assistance Act and the contract obligates no general fund moneys. Motion -- Knight moved that the Contract be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Rogers absent) CDBG CONTRACT CDBG CONTRACT - MENNONITE HOUSING REHABILITATION SERVICES, INC. Agenda Report No. 96-671. On March 19, 1996, the City Council allocated CDBG funds to Mennonite Housing Rehabilitation Services, Inc. (MHRS) to pay a portion of the operating costs to conduct a credit counseling program. The contract with Mennonite Housing Rehabilitation Services, Inc. provides funding for salaries/benefits for a counselor, postage and advertising to conduct a credit counseling program to a minimum of 300 low/moderate income potential homeowners. The contract Mennonite Housing Rehabilitation Services, Inc. is for $15,000. Funding will paid out of 1996-97 Community Development Block Grant funds. Motion -- Knight moved that the Contract be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Rogers absent) CDBG CONTRACT CDBG CONTRACT - MENNONITE HOUSING - HOME REPAIR. Agenda Report No. 96-672. On March 19, 1996, the City Council allocated Community Development Block Grant (CDBG) funds for the 1996/1997 program year. Included was an allocation pursuant to solicitation of proposals for a home repair program. Mennonite Housing Rehabilitation Services, Inc. was selected to provide home repair services of a maximum $2,000 each to low income, primarily elderly, homeowners. The contract amount for the MHRS' home repair program is $250,000. Motion -- Knight moved that the Contract be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Rogers absent) CDBG CONTRACT AMEND. CDBG CONTRACT AMENDMENT - MHRS HOME REPAIR. Agenda Report No. 96-673. On March 19, 1995, the City Council allocated Community Development Block Grant (CDBG) funds to Mennonite Housing Rehabilitation Services, Inc. for a home repair program. Funds were budgeted for personal services, materials, and subcontractor services. Mennonite Housing has incurred more costs in subcontractor services than anticipated. Because the total line item budget adjustment exceeds $10,000 a formal contract amendment is required. Funds are available in the materials line item to offset the increased amount budgeted for contractor services. Total budget amount of $250,000 does not change. Motion -- Knight moved that the Contract Amendment be approved and the Mayor be authorized -- carried to execute. Motion carried 6 to 0. (Rogers absent) COMPUTER EQUIPMENT COMPUTER EQUIPMENT AND MAINTENANCE - SELECTION OF VENDOR. Agenda Report No. 96-674. To secure volume pricing/discounts on computer equipment and maintenance services, staff has explored the possibility of securing a master contract for computer purchases. A RFP for computer equipment and maintenance was sent to 38 vendors with 8 vendors responding. A committee of the Acting Data Center Director, System Analyst, Purchasing Manager, and Buyer reviewed the proposals. Business Computer Center offered a service contract at $30/hour on-site labor charges and $20/hour carry-in labor charges with no extra charge for travel time associated with on-site service call. Computer equipment purchases will be at 4.5 percent above the dealers landed cost. Business Computer Center will provide free telephone support for hardware purchases. The computer will deliver and install computer purchases at no additional cost. The contract does not obligate the City to any specific purchase or volume of purchases; it only provides a means to carry out City-initiated purchases at the lowest net cost. Computer equipment and maintenance service costs are within departmental operating budgets. Motion -- Knight moved that the selection of Business Computer Center for computer equipment and maintenance be approved and the Purchasing Manager be authorized to -- carried sign the contract. Motion carried 6 to 0. (Rogers absent) POLICE DEPARTMENT GRANT PROBLEM SOLVING PARTNERSHIP GRANT APPLICATION. Agenda Report No. 96-675. The Office of Community Oriented Policing Services (COPS) administers the Problem-Solving Partnerships Grant. This grant provides federal assistance to local units of government for law enforcement programs that set up partnerships between the police and community groups. The purpose of this grant is to fund programs that take a problem-solving approach to crime. The emphasis is on working with groups in the community to find innovative ways to deal with persistent crime problems. This grant will fund the purchase of computer equipment, a computer consultant and various marketing efforts in order to automate the way pawn shops report their merchandise to the police department. The goal is to more efficiently identify stolen merchandise and increase the amount of property returned to its rightful owners. The proposed grant application is for $28,155 of equipment and consultant services. There is no local match. Motion -- Knight moved that the grant application be approved and the Mayor be authorized -- carried to sign. Motion carried 6 to 0. (Rogers absent) PROPERTY ACQUISITION ACQUISITION OF UTILITY EASEMENT BY EMINENT DOMAIN FOR THE EAST KELLOGG WATER MAIN EXTENSION. (District II) Agenda Report No. 96-676. This project involves the extension of a private water line from the east line of Bonnie Brae Street east into the NTW Incorporated site and requires the acquisition of a utility easement along the north property line of the subject property. This tract is owned by J. R. Dry, Jr., Dollie Anne Dry, and Jolly Ox Club of Kansas, Inc. The City desires to condemn a perpetual easement for the purpose of constructing, maintaining, and repairing of public utilities. The City will be constructing an 8 inch water line, for additional fire protection, over, along, and under the following described subject real estate: The South 13 feet of the North 23 feet of Lot 1, Dry Addition to Wichita, Sedgwick County, Kansas. Staff has attempted to negotiate the purchase of this tract but has been unable to reach any agreement with the owners; therefore, eminent domain action is deemed advisable. The cost of this acquisition is to be paid by NTW Inc. Motion -- Knight moved that the Ordinance be placed on first reading and the City Attorney be directed to file the appropriate proceedings in the District Court. Motion -- carried carried 6 to 0. (Rogers absent) ORDINANCE An Ordinance providing for the acquisition by eminent domain of certain private property, easements, and right-of-way therein, for the East Kellogg Water Main Extension 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, easements, and access control, therein taken and providing for payment of the cost thereof, introduced and under the rules laid over. AIRPORT CAPITAL PROJECT CAPITAL PROJECT INITIATION - AIRPORT. Agenda Report No. 96-677. The project is Land Acquisition and represents improvements that will be made to Mid-Continent Airport subject to further action and approval by the Wichita Airport Authority. The project utilizes 90% construction funding from the Federal Aviation Administration. 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, less Federal Aviation Administration grant contributions, based on the best present information, is $2,500. Motion -- carried Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) RESOLUTION NO. R-96- 313 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 Wichita Mid-Continent Airport Facility operated by the Wichita Airport Authority of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. (Item No. 27) PC TRAINING CONTRACT PC TRAINING CONTRACT. Chris Cherches City Manager asked that this Item be pulled for future consideration. Motion -- Knight moved that this Item be pulled for future consideration. Motion carried -- carried 6 to 0. (Rogers absent) WATER SUPPLY LINE WATER SUPPLY LINE RESOLUTION. Agenda Report No. 96-679. On May 21, 1996, the City Council approved a petition for a water supply line to serve the Savanna at Castle Rock Ranch development, a single-family, residential neighborhood located east of the Wichita City limits. The developer, the Stephenson Family, submitted a revised petition to expand the improvement district to include an unplatted tract. The signatures on the petition represent 100% of the improvement district. The project budget is not affected. The funding source is Special Assessments. Motion -- Knight moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 6 to 0. (Rogers absent) RESOLUTION NO. R-96- 314 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89048 (north of 13th, along both sides of 143rd Street East) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. LAWSUIT SETTLEMENT SETTLEMENT OF LAWSUIT. Agenda Report No. 96-680. On November 4, 1993, Edward Roper was seriously injured as a result of a collision with a vehicle driven by a Wichita police officer. After investigation of the claim and extent of the claimed damages, the City determined that a resolution of this matter was appropriate; the risks of trial were considered by all sides. After some discussion, the City has been offered an opportunity to resolve the claim with a lump sum payment of $250,000 as full settlement of all his claims against the City. Because of the risks associated with litigation, the Law Department recommends acceptance of the offer. Funding for this settlement payment is from the City's Tort Liability Fund. This will require budget adjustments from within the general liability accounts. Motion -- Knight moved that payment of $250,000 as a full settlement of all possible claims arising out of the vehicular accident which is the subject of the claim, and budget adjustments from within the general liability accounts of the City be -- carried authorized. Motion carried 6 to 0. (Rogers absent) ORDINANCES SECOND READING ORDINANCES. (First Reading - 8/6/96) ORDINANCE NO. 43-189 Seneca Street Project An Ordinance providing for the acquisition by eminent domain of certain private property, easements, and right-of-way therein, for the improving of Seneca Street from 31st Street South to Kellogg and to be known as the South Seneca Improvement 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, easements, and access control, therein taken and providing for payment of the cost thereof, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. ORDINANCE NO. 43-190 Kellogg (U.S. 54) An Ordinance amending Ordinances No. 42-066 and 42-067 of the City of Wichita Kansas, declaring Kellogg (U.S. 54), from Emporia Avenue to an interchange at K-42 Highway, to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements on said main trafficway; setting forth the nature of said improvements, the estimated cost thereof, and the manner of payment of the same; and repealing the originals of Ordinances No. 42-066 and 42-067 of the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. Item 30 c General Tax Levy Ordinance (Item and action is with the New Business Budget Item) (Items 30 d, and e) Gilbert and Mosley, and North Industrial Corridor Ordinances. (The Item and Action is shown with the New Business Budget Item) Council Member Kamen declared a conflict of interest on these two items. The conflict of interest will be shown with the New Business Budget Items. PLANNING AGENDA Marvin Krout Director of Planning stated that Items 33 and 34 could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Knight moved that Planning Agenda Items 33 and 34 be approved as consensus Items. -- carried Motion carried 6 to 0. (Rogers absent) V-1956 PUBLIC HEARING V-1956 - REQUEST TO VACATE UTILITY EASEMENTS AND STREET RIGHTS-OF-WAY LOCATED NORTH OF CENTRAL AND WEST OF MAIN STREET. (District VI) Agenda Report No. 96-681. Staff Recommendation: Approve vacation of utility easements and streets right-of-way. MAPC Recommendation: Approve vacation of utility easements and streets right-of-way. (unanimous) To provide for the expansion of the Sedgwick County adult local detention facility and county parking garage, the county is requesting the vacation of two utility easements and several sections of street rights-of-way. The county has made arrangements for the relocation of any public and private utilities impacted by the vacation. The county is also granting a substitute utility easement and a drainage easement as requested by City Engineering and the utilities. These vacations including a number of vacations from previous years, will in essence allow the county to consolidate the area between Central to Pine and Main to Wichita Street (railroad right-of- way) into a unified building site. The vacation request has been reviewed and approved by the Planning Commission, subject to conditions. Drainage Easement (Recorded on Film 1626, Page 0861, on July 24, 1996) and Utility Easement (Recorded on Film 1615, Page 1555, on July 17, 1996) from Sedgwick County Commission for part of Lots 55 and 27 on Church Street (now Water Street) as platted in Munger's Original Town. The originals were retained by Sedgwick County. 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 -- Cather 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; and the utility easement and drainage easements be accepted. Motion carried -- carried 6 to 0. (Rogers absent) S/D 96-33 S/D 96-33 - PLAT OF THE SMITHMOOR 5TH ADDITION LOCATED SOUTH OF HARRY AND WEST OF GREENWICH. (District II) Agenda Report No. 96-682. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. (unanimous) Although this site is in the City of Wichita, it will use the County's 4-Mile Creek sanitary sewer system and petitions for sewer improvements will be handled by the County. Other petitions, all 100%, have been submitted for municipal water and paving improvements. Both a City and County Certificate of Petitions have also been submitted. In order to serve this site, an off-site utility easement has been provided. Dedications for temporary off-site turnarounds have also been submitted. To provide for off-street parking for lots adjacent to narrow streets, a covenant has been submitted requiring that four (4) off-street spaces be provided for each such lot. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Documents Certificates, Temporary Access Dedication (Part Lot 6, Block 1, and Lot 9, Block 3, Smithmoor Fifth Addition), Restrictive Covenant, and Easement (Part of tract of land in Smithmoor Fifth Addition) from Ron Smith, Smith & Company. Water 100 Percent Petition for construction of Water Distribution System Number 448-89069 (south of Harry, east of Webb) $44,000 S.A. (Hold for development) Water 100 Percent Petition for construction of Water Distribution System Number 448-89070 (south of Harry, east of Webb) $58,000 S.A. (Hold for development) Paving 100 Percent Petition for improving of Shiloh from the north line of Lot 12, Block 4, Smithmoor Fifth Addition, to the south line of Smithmoor Fifth Addition, Project No. 472-82758 (south of Harry, east of Webb) $88,000 S.A. (Hold for development) Paving 100 Percent Petition for improving of Honeytree from north line of Lot 1, Block 1, Smithmoor Fifth Addition, to the south line of Smithmoor Fifth Addition, and; Brandon from the north line of Lot 1, Block 3, Smithmoor Fifth Addition, to the south line of Smithmoor Fifth Addition, Project No. 472-82759 (south of Harry, east of Webb) $131,200 S.A. (Hold for development) Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Ferris 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 plat be held for recording until the annexation ordinance has been published; and the restrictive covenant associated with the rezoning of Lot 3 in the addition be accepted; and staff be instructed to prepare the zoning ordinance and associated -- carried protective overlay for that lot. Motion carried 6 to 0. (Rogers absent) RESOLUTION NO. R-96- 315 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89069 (south of Harry, east of Webb) 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. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. RESOLUTION NO. R-96- 316 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89070 (south of Harry, east of Webb) 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. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. RESOLUTION NO. R-96- 317 Resolution of findings of advisability and Resolution authorizing improving of Shiloh from the north line of Lot 12, Block 4, Smithmoor Fifth Addition, to the south line of Smithmoor Fifth Addition, Project No. 472-82758 (south of Harry, east of Webb) 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. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. RESOLUTION NO. R-96- 318 Resolution of findings of advisability and Resolution authorizing improving of Honeytree from north line of Lot 1, Block 1, Smithmoor Fifth Addition, to the south line of Smithmoor Fifth Addition, and; Brandon from the north line of Lot 1, Block 3, Smithmoor Fifth Addition, to the south line of Smithmoor Fifth Addition, Project No. 472-82759 (south of Harry, east of Webb) 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. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. S/D 96-43 S/D 96-43 - PLAT OF THE R.M.C. ADDITION LOCATED SOUTH OF 21ST STREET NORTH AND WEST OF RIDGE ROAD. (District V) Agenda Report No. 96-683. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. (unanimous) This site is in the process of being annexed into the City of Wichita. Petitions, all 100%, have been submitted for sanitary sewer and municipal water improvements. A Certificate of Petitions has also been submitted. As required by the drainage plan for this site, a cross-lot drainage agreement has been obtained by the applicant. In order to assure access among the lots of this Addition, a cross-lot circulation agreement has been provided This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Documents Certificate of Petitions, Surface Drainage Covenant, and Reciprocal Easement Agreement from Richard Robertson, Christy Robertson, Diane MacNair, and Dwayne and Debra Chew (Lots 1, 2, and 3, R.M.C. Addition). Water 100 Percent Petition for Water Distribution System Number 448- 89068 (south of 21st, west of Ridge) $23,000 S.A. (Hold for development) Sewer 100 Percent Petition for construction of Lateral 35, Main 15, Southwest Interceptor Sewer (south of 21st, west of Ridge) Project No. 468-82633. $11,000 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, and hold for recording until the annexation ordinance has been published. Motion carried -- carried 6 to 0. (Rogers absent) RESOLUTION NO. R-96- 319 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89068 (south of 21st, west of Ridge) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. RESOLUTION NO. R-96- 320 Resolution of findings of advisability and Resolution authorizing construction of Lateral 35, Main 15, Southwest Interceptor Sewer (south of 21st, west of Ridge) Project No. 468-82633 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. D-1704 D-1704 - DEDICATION OF ACCESS CONTROL AND THE GRANTING OF A UTILITY EASEMENT IN THE AREA OF K-42 AND WEST OF WEST STREET. Agenda Report No. 96-684. MAPC Recommendation: Accept the dedication. As a condition of an approved lot split (L/S- 0916), additional easement was requested by City Engineering. Also, the applicant offered to dedicate complete access control to K-42. Although a state highway, no apparent access control had existed from this site to this highway. The dedication has been reviewed and approved by the Planning Commission. Motion -- Knight moved that the Dedication and Utility Easement be accepted and the -- carried Documents be recorded with the Register of Deeds. Motion carried 6 to 0. (Rogers absent) EXECUTIVE SESSION Motion -- Knight moved that the Council recess to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to pending and potential litigation, and legal advice; and preliminary discussions relating to the acquisition of real property for public purposes; and the regular meeting be resumed at approximately 1:55 p.m. in the -- carried City Council Chambers. Motion carried 6 to 0. (Rogers absent) RECESS Council recessed at 1:10 p.m. and reconvened in regular session at 1:55 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 1:55 p.m. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 161 AUGUST 13, 1996 Page 3