MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, February 3, 1998 Tuesday, 9:05 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cole, Lambke, Rogers; present. *Council Members Ferris, Gale, and Kamen; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Rev. Sally Fahrenthold, Christ Lutheran Church. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. *Council Members Gale and Kamen present. Minutes -- The minutes of the regular meeting of January 27, 1998, were -- approved approved 6 to 0. (Ferris absent) AWARDS AND PRESENTATIONS Council Member Cole momentarily absent. *Council Member Ferris present. PROCLAMATIONS Mayor Knight presented the Proclamations that were previously approved. PUBLIC AGENDA ADDENDUM ITEM EMS PRESENTATION BY TOM POLLAN, DIRECTOR OF EMERGENCY MEDICAL SERVICES. Tom Pollan Tom Pollan, Director of Emergency Medical Services reviewed the proposed increase fee schedule. As Sedgwick County transitions from the 1997 Budget year to 1998, an evaluation of the future costs and revenue generation has been completed. EMS user fee revenues are projected to grow by 1.5 percent to 2 percent annually under the current user fee schedule and this will not keep pace with the cost of providing pre-hospital services. The projected outcome is that current user fee charges and taxation will not fund Sedgwick County EMS in 1999 without significant impact to the pre-hospital EMA care system. It is recommended that a new user fee schedule be adopted and implemented as soon as possible. The proposed schedule could generate an additional $300,000 in user fee revenues. The Fee Schedule increase is outlined below: Current Fee Recommended Fee Non-Emergency scheduled transfer $100 $170 Non-Emergency scheduled transfer $170 $170 Emergency response transport $285 $350 Emergency response transport $350 $350 EKG $0 $25 Non-transport charge $0 $170 Mileage $4 $4 Additional attendant $30 $30 Physician direction $0 $55/unit Council Member Kamen Council Member Kamen requested a map of the locations of EMS Services. There was no further action taken on this Item. YOUTH COUNCIL COMMENTS PERTAINING TO THE YOUTH COUNCIL. Margalee Wright Margalee Wright said youth groups, put together last Fall, have had several subsequent meetings. The youth are excited about being a part of the decision making process. Tara Gregory Tara Gregory, Regional Prevention Center, stated that the young people are looking forward to being involved and being a part of the decision making process. The involvement should make things better for everyone. The following youth spoke in favor of youth involvement: Kim L. (inaudible) Ryan Walker Kelly Goebel Jessica (inaudible) Shana Beard Adam Kirkwright Tony Navarro Ebony Blackman Andy Tran Bonnie (inaudible) Christen Libel Emily Burgett Casey King Adano Lopez Diana Reynolds Christina Sand Sarah Hunninghake The youth spoke regarding the following: Opportunities: Education - the opportunity to work harder and receive better schooling Jobs - the need for work for youth. Concerns: There are not enough activities where youth are accepted and are able to have a good time just "hanging out." There needs to be places for youth to go and be accepted. Adults expect youth to cause problems and do not expect the youth to help, and the youth follow the lead. Adults should expect more from youth and the youth will rise to the occasion. There is a lack of publication for positive youth activities. The focus should not be on the negative. The positive things youth do far outweigh the negative. Structure of the Youth Council: The City Council and Youth Council should have a sharing relationship. The Youth Council would meet one time per month and go over items. Then the Youth Council would meet with the City council every two months or more often, if necessary. The frequency of meetings could fluctuate depending on the topics of concern. The Youth Council is seen as an on-going process over many years and representation should be from all schools, all ethnics, and all races. Mayor Knight Mayor Knight said this is the first step. The City Council supports what is being done. The Youth Council should decide how it will participate with the City Council process. When the Youth Council is ready, a formal City Council Item will be placed on the Agenda for consideration. UNFINISHED BUSINESS (Item Number 2 was considered later in the meeting. Action is shown in Agenda order.) ALCOHOL LICENSING AMENDMENTS TO THE CITY CODE PERTAINING TO DRINKING ESTABLISHMENT/RESTAURANT LICENSING AND OPERATION. Gary Rebenstorf Director of Law reviewed the Item. Agenda Report No. 97-841 A. The City Code presently prohibits persons under the age of 21 from being on the premises of a drinking establishment (DE). Persons under the age of 21 are permitted to be on the premises of a drinking establishment/restaurant (DER) which is presently defined as a location which derives not less than thirty percent (30%) of its gross revenue from the sale of food for consumption on the premises. The Wichita Police Department routinely investigates complaints of persons under the age of 21 consuming alcohol at premises which are licensed as DERs. On October 7, 1997, the City Council considered an ordinance recommended by the Police Department that the food sale requirement to be eligible for licensing as a DER be raised to fifty percent (50%). This proposed ordinance was referred to Council Members Greg Ferris and George Rogers for them to meet with the affected licensees and discuss their concerns with the proposed changes. Meetings were held on October 28, 1997, and January 6, 1998, with interested license holders to discuss the proposed changes and additional modifications were made in the proposed ordinance. _ Amends Section 4.04.010(t) to require a DER to have either thirty percent (30%) food sales and seventy percent (70%) of its public assembly area devoted to designated seating and the service of food for consumption on the premises, or derive not less than fifty percent (50%) of its gross revenues from the sale of food for consumption on the premises in a six- month period. Failure to meet and continue to meet one of these requirements will be a basis for reclassifying the business as a DE. _ Creates a new definition in Section 4.04.010 for "public assembly area" to mean the area of the licensed premises to which the general public has access for purposes such as food and drink consumption, entertainment, recreation, social functions or awaiting transportation. _ Amends Section 4.16.095 to add a subsection permitting the chief of police to reclassify a location which is licensed as a DER but no longer meets the criteria for this category of license. _ Amends Section 4.16.130 to require persons, other than employees, under the age of 21 to leave the premises of DERs which have less than fifty percent (50%) of their revenue from sales of food at 10 p.m. unless alcoholic liquor is not being served or consumed on the premises. _ Creates Section 4.16.175 of the City Code to require applicants for a DER license who expect to have less than fifty percent (50%) of their gross revenues from the sale of food to file a compliance plan as a part of their license application. The plan must contain specified information which identifies how they will comply with the requirement for persons, other than employees, under the age of 21 to leave the premises at 10 p.m. _ Amends Section 4.16.190 to provide that the maximum penalty for second and subsequent violations of the chapter shall be a fine of one thousand dollars ($1,000.00). There should be no change in the number of licenses issued or the revenue received for such licenses. Mike Watson Police Chief, responding to questions, said the underage violations in Wichita in 1995 were 319, in 1996 were 485, and through August of 1997 were 326. The Police do have a great deal of problems with liquor law violations and problems with crime done by those who drink. Pool halls, game rooms, and dance halls with lower amounts of food served present the greatest problems. The innocent are sometimes victims of crimes when they are in these establishments. Mayor Knight Mayor Knight inquired if anyone wished to be heard. David Burk David Burk, Market Place Properties, said enforcement should take care of the problem. As written, the ordinance would have a negative impact on businesses. Marty Hammer Marty Hammer, 2028 North Payne, owner of numerous buildings being built for drinking establishments, said the one-year suspension of license would hurt the building owner. The youth ought to also be fined for putting the establishment in jeopardy. Ken Haberly Ken Haberly, representing Old Town Merchants, said Old Town is an entertainment district for the City. The 10 p.m. time to have under-aged out would be almost impossible to do. The Ordinance could be endorsed with removal of the 10 p.m. requirement. Jim Lindsey Jim Lindsey, Countryside Bowling Center, asked that the ordinance not be adopted with the 10 p.m. provision. Amy Novotney Amy Novotney, Cowboy Club, said enforcement is the resolution for under age drinking problems. There are means of identification. Measures should be required and those not taking those measures should not be licensed. Ms. Novotney asked that the 10 p.m. stipulation be eliminated. (The Council proceeded to take up time-certain Item Number 3. Action is shown with the Agenda Item.) Ted Morris Ted Morris, Crown Uptown Theater, said the ordinance assumes that all licensed are bars and/o restaurants and nothing else. The main problem with the Ordinance is the 10 p.m. requirement. Mr. Morris also asked that plastic cups not be required. Richard Leslie Richard Leslie, part owner of the Cotillion, urged the Council to vote against the changes. Mr. Leslie said the ABC has said Wichita is under constant surveillance and, in their opinion, Wichita has no problem with minors. The 10 p.m. curfew would have a devastating effect on the Cotillion. Everett Fettis Everett Fettis, attorney representing the Cotillion, said the revocation of license after three violations within one year should be an option, not mandatory. Motion -- Ferris moved that the Ordinance be placed on first reading with the following exceptions: Page 4 (t), the definition after pool tables where it reads "similar purposes" be better defined so there might not be confusion; Page 11, provisions for 10 p.m., and any subsequent place in the Ordinance after that, be removed and all of the language that is corollary with that be removed; Page 12, under the violations section for the purchasing, the monetary fines for those 18 to 21 would be doubled; Page 14, under the penalty for violation, the first conviction be changed to not less than $500 nor more than $1,000, the second violation to not less than $1,000 nor more than $2,000, the third violation to not less than $1,500 nor more than $2,500, and that on the third violation the operator would lose their license and be prohibited from holding a license or investing in a property for not less than one year; That Rather than penalize the building, the property owner would not be allowed to be involved in a DER. This does not exclude them from being able to get a regular drinking establishment license - this is only a drinking establishment/restaurant license. If there are other provisions that forbid them from doing that, that would not have anything to do with this provision. Page 9, where the ordinance refers to the Police Chief's discretion, those license suspensions would remain intact, there can be a license suspension for the violations, first and second; and the Ordinance be returned on the Regular Agenda, as opposed to the Consent Agenda, on February 24, 1998, for second reading. Council Member Cole Council Member Cole spoke in support of higher penalties but said she remains unconvinced this Ordinance will do the job. -- carried Motion carried 6 to 1. Cole - No. ORDINANCE An Ordinance amending Sections 4.04.010, 4.16.095, 4.16.130, and 4.16.190 of the Code of the City of Wichita, Kansas, pertaining to the definition of drinking establishment/restaurant alcohol licenses, suspension and reclassification of certain alcohol licenses by the Chief of Police, prohibiting minors from entering or remaining upon certain premises licensed to sell alcohol, and penalties, repealing the originals of said sections, and creating Section 4.16.175 of the Code of the City of Wichita, Kansas, pertaining to enforcement plans, introduced and under the rules laid over. NEW BUSINESS AWARD PRESENTATION PRESENTATION OF NATIONAL PERFORMANCE REVIEW HAMMER AWARD Mike Tramontina, HUD, Secretary's Representative for the Great Plains, presented the National Performance Review Hammer Award for the Cessna, 21st Street, Project. CONDEMNATIONS REPAIR OR REMOVAL OF DANGEROUS AND UNSAFE STRUCTURES. Agenda Report No. 97-1144 A. On December 16, 1997, a report was submitted with respect to the dangerous and unsafe conditions of the building located on this property. The Council adopted a resolution providing for public hearing at 11:00 a.m. February 3, 1998. On September 8, October 6, and November 10, 1997, the Board of Code Standards and Appeals (BCSA) held hearings on the following property: Property Address Council District 1. 422 N. Doris 4 Pursuant to State Statute the Resolution was duly published twice on December 17, 1997 and December 24, 1997. A copy of each resolution was sent by certified mail or given personal service delivery to the owners and lien holders of record of each described property. Kurt Schroeder Superintendent of Central Inspection reviewed the Item. The owner, Timothy Brothers wants 60 additional days to complete exterior repairs. The 1996 and 1997 taxes were paid current on February 2, 1998. Mr. Brothers has a roll-off dumpster on the site for debris removal. There is still much junk and debris in the rear of the building. About $1,000 in materials have been purchased and some minor roof work has been completed on the rear of the house. Staff still recommends proceeding with condemnation and removal. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Timothy Brothers Timothy Brothers, owner, requested 60 days to complete repairs. Council Member Gale Council Member Gale cited the past actions taken by the BCSA and the lack of action taken by Mr. Brothers. Motion -- Gale moved that the public hearing be closed, the resolution declaring the building(s) dangerous and unsafe structures be adopted, the staff recommended time frame to alleviate the findings be approved and any extensions of time granted to repair the structures would be conditioned on the following: (1) any back taxes now due are to be paid and taxes kept current, (2) the structures are to be kept secured, and (3) the premises are to be kept mowed and free of debris; if any of these conditions are not met, staff is directed to proceed to let for bids to demolish the structure; and the City Clerk be instructed to have the Resolution published once in the official city paper and advise the owners of -- carried these findings. Motion carried 5 to 2. Kamen, Knight - No. RESOLUTION NO. R-98-014 A Resolution finding that the structure located on Lot 15, Block 5, Fruitvale Park Addition to Wichita, Sedgwick County, Kansas, commonly known as 422 N. Doris, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Gale moved that the Resolution be adopted. Motion carried 5 to 2. Yeas: Cole, Ferris, Gale, Lambke, Rogers. Nays: Kamen, Knight. RECESS The City Council recessed at 11:25 a.m. and reconvened at 11:35 a.m. 21ST STREET IMPROVEMENT PROPOSED IMPROVEMENT OF 21ST STREET NORTH FROM WEBB ROAD TO 1/2 MILE EAST OF WEBB ROAD. (District II) Steve Lackey Director of Public Works reviewed the Item. Agenda Report No. 98-067. The 1998 Capital Improvement Program includes a project to improve 21st Street North, east of Webb Road. Twenty-First Street from east of Webb Road to the east city limits (one half mile east of Webb) is currently a two lane county type road, the proposed project will upgrade 21st to a five lane roadway consisting of four through lanes and a center left turn lane. It will connect on the east to a County project that will continue the five lane improvement to the K-96 Freeway. The estimated project cost is $800,000. The funding source is General Obligation Bonds. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Kamen moved that the project be approved; the Ordinance be placed on first reading; and the Staff Screening and Selection Committee be designated to select -- carried a design engineer. Motion carried 7 to 0. ORDINANCE An Ordinance declaring 21st Street North, from Webb Road to 1/2 mile east of Webb Road (472-82886) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, introduced and under the rules laid over. PAVE EMPORIA CIRCLE PETITION TO PAVE EMPORIA CIRCLE NORTH OF 46TH STREET SOUTH. (District IV) Steve Lackey Director of Public Works reviewed the Item. Agenda Report No. 98-068. The signatures on the Petition represent 58% (3 of 8 ownerships) of the improvement district area. CPO Council 4 considered the project on January 8, 1998. The Council voted 8-0 to recommend approval. This project was originally petitioned at the time the property was platted. A new Petition was submitted because of the age of the previous Petition. The project will provide access to an undeveloped part of South Broadway Industrial Park. The estimated project cost is $159,000. The funding source is special assessments. The assessment rate to individual properties is $00.31 per square foot of ownership. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-98-013 Resolution of findings of advisability and Resolution authorizing paving of Emporia Circle (from the north line of 46th Street South to and including cul-de-sac) (Project Number 472-82901) 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. PAVE BAKER PETITION TO PAVE BAKER FROM 11TH STREET TO 13TH STREET. (District V) Agenda Report No. 98-069. The signatures on the Petition represent 53% (38 of 70 owners) of the improvement district area. CPO Council 5 considered the project on January 14, 1998. A motion to delete two lots from the improvement district that have access to Del Sienno and approve the project failed by a 3-4 vote. Baker, south of 13th, is a sand street that is difficult to maintain and drains poorly. It serves a neighborhood of single-family homes. The estimated project cost is $185,000, with $6,000 paid by the City and $179,000 assessed to the improvement district. The estimated assessment rate to individual properties is $00.31 per square foot of ownership. The City share is for the cost of intersection construction. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Scott Kardel Scott Kardel urged approval of the Item. Brent Shock Brent Shock, 4640 Del Sienno, spoke against the project because of the way the boundaries were determined. Now, addresses on 12th and Baker are not included in the project. Ron McDowell Ron McDowell urged approval of the project. This is the only street in a three block area with unimproved streets. Steve Lackey Director of Public Works, responding to a question, said a petition circulated in 1988 failed to get enough signatures. The new boundaries were drawn in order to have a sufficient petition. Council Member Ferris Council Member Ferris said the street ought to be paved and should be ordered in and assessments made so that all living in the area pay for two street pavings. Motion -- Ferris moved that the street paving be ordered in and assessed to all properties that rightfully would be in the benefit district that have paid only one paving assessment; and that final action be deferred until February 24, 1998, to allow -- carried for a public hearing. Motion carried 7 to 0. TAX EXEMPTION REQUEST PUBLIC HEARING: TAX EXEMPTION REQUEST - ECK & ECK MACHINE CO., INC. (District IV) Allen Bell Financial Projects Director reviewed the Item. Agenda Report No. 98-070. Eck & Eck Machine Co., Inc. (Eck), is a manufacturer of detail parts, assemblies and sub-assemblies primarily for the Aerospace Industry. Eck does precision machining on CNC Machining Centers, and turning centers on metals such as stainless steel, aluminum, and brass among other types of metals Eck, located at 4530 West Harry, is requesting a tax exemption on a $525,894 expansion project consisting of the construction of a building and the purchase of machinery and equipment. Eck has been engaged in the manufacture of aerospace parts since 1966. Eck has 22 employees and expects to add another 18 new employees over the next 5 years. The $525,894 expansion project will consist of the following: Real Property: 12,000 s.f. metal building $301,174.00 Total Real Property: $301,174.00 Personal Property: Shear $ 20,000.00 Press Brake 24,000.00 Air Compressor & Dryer 12,000.00 4-Axis Machining Center 130,000.00 Coordinate Measuring Machine 38,720.00 Total Personal Property: $224,720.00 Total Project: $525,894.00 Under the City's Business Incentives Policy, Eck is eligible for the following: TAX EXEMPTION ELIGIBILITY ELIGIBLE %INCENTIVE EXPLANATION 33.00% New Job Creation: Eck presently employs 22 full-time employees at its facilities and expects to hire an additional 18 employees within the first 5-years after the completion of the project. 9.39% Capital Improvements Eck will invest approximately $525,894 in the construction of real property and the purchase of personal property. 42.39% Total Business Incentives 42.39% TOTAL ELIGIBLE FOR BUSINESS INCENTIVES (Maximum allowed is 50%) 50.0% Export Premium Eck provides products and services to to the aerospace industry including companies such as Boeing, Cessna, Raytheon, Learjet, Northrop Grumman and Gordon-Piatt Energy Group among others and exports 99.9% of its products out of the State of Kansas. 50.0% TOTAL ELIGIBLE FOR EXPORT PREMIUM (Maximum allowed is 50%) 92.39% TOTAL EXEMPTION ALLOWED UNDER BUSINESS INCENTIVE POLICY Eck is eligible for a 92.39% tax exemption for five years on real and personal property and for 46.2% for a second five years on only real property. A notice of public hearing has been published. Eck will maintain its City of Wichita approved EEO/AA Plan for the full term of the Tax Exemption. The estimated first year taxes on Eck's proposed $525,894 project under the 1997 mill levy on property within the Wichita City limits would be $13,245. Using the allowable tax exemption of 92.39%, the City would be exempting, for the first year, $12,237 of new taxes from the property tax rolls. Wichita State University Center for Economic Development and Business Research Cost-Benefit Analysis indicates a ratio of 2.27 for the City of Wichita; 2.55 for Sedgwick County; 1.00 for USD 259 and 1.40 for the State of Kansas of benefits to costs with a 92.39 percent exemption for Eck. Eck paid $6,791 in existing real and personal property taxes in 1996 and will continue to pay taxes on the existing property. The existing building and personal property will stay on the property tax rolls. The policy exemption equates to $680 of exempted taxes per each new job (18 new jobs). The tax exemption will be shared among the taxing entities as follows: City - $3,561; County/State - $3,615; and USD 259 - $5,061. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Paul Eck Paul Eck, President of Eck & Eck, said over 50 percent of the work force has been trained by Eck and Eck. A large percentage of the employees are women and minorities. Motion -- Gale moved that a 92.39% tax 92.39% tax exemption for five years on the construction of a building and the purchase of personal property and for 46.2% on the construction of a building for a second five year period be granted; the -- carried Ordinance be placed on first reading. Motion carried 7 to 0. ORDINANCE An Ordinance exempting property from ad valorem taxation for economic development purposes pursuant to Article 11, Section 13, of the Kansas Constitution; providing the terms and conditions for ad valorem tax exemption; and describing the property of Eck & Eck Machine Co., Inc., so exempted, introduced and under the rules laid over. PROPERTY DEMOLITION SELECTIVE DEMOLITION OF 505 AND 507 EAST DOUGLAS BUILDINGS - CAREY HOUSE SQUARE HISTORIC DISTRICT. (District VI) Chris Cherches City Manager reviewed the Item. Agenda Report No. 98-071. In May, 1997, the City acquired the Eaton Hotel and surrounding properties in the block. In August, 1997, Dudley Williams & Associates prepared a Preliminary Structural Condition Assessment Study on all structures in the Eaton Block. The Assessment Study reported some extensive deterioration on two structures, 505 and 507 East Douglas. The City's Historic Preservation Board and the newly-created Eaton Block Task Force have discussed options to secure the deteriorated structures. The Dudley Williams Assessment Study describes 505 East Douglas as "extensively deteriorated due to water damage caused by a failed roofing membrane over the entire building. The roof, second and first floors have partially collapsed and it is unsafe to enter the building." The 507 East Douglas structure is reported as being "extensively deteriorated due to water damage caused by a failed roofing membrane over the south 84 feet of the building." Certain portions of the building have partially collapsed making it unsafe. The Williams Study also indicates that potential risks exist from a collapse from which debris could fall onto the sidewalk and parking area north of the buildings or into the alley south of the buildings possibly harming persons or property. Another risk is that damage could be caused to the common walls of the KFH Building (501 East Douglas) and/or 509 East Douglas. Although code violation cases have existed on these properties for several years, the property owner was unwilling to comply and correct the violations. Three options were presented to the Historic Preservation Board and the Eaton Block Task Force for review and comment: Option #1: The north walls (main facades) of both structures would be braced and saved; portions of common walls would remain. All other walls of 505 and 507 would be removed along with the floor and roof structures. Estimated Cost: $160,000 (including $8,000 Contingency) Option #2: The majority of the masonry walls of both structures would be braced and saved. All of the floor and roof structures would be removed. Estimated Cost: $299,200 (including $8,000 Contingency) Option #3: construct a common roof over both 505 and 507 East Douglas, demolishing the existing failing floor and roof systems while leaving all remaining walls except the parapet of the common wall between the two buildings. Estimated Cost: $226,200 (including $8,000 Contingency) In 1995, the State Historic Preservation Act was amended to allow the State Historic Preservation Officer to develop agreements with Certified Local Governments to perform all statutory responsibilities of the Kansas historic preservation law with regard to design review. Prior to that agreement, the State Preservation Statute (KSA 75-2724) required governing bodies to provide notice to the State Preservation Officer of any project "which will encroach upon, damage or destroy any historic property included in the national register of historic places or the state register of historic places." In October, 1997, the Certified Local Agreement was signed between the City and the Kansas State Historical Society delegating review responsibility to the City; however, because this review was initiated prior to signing the agreement, the State Preservation Office was consulted on this project. The State found that the proposed project will encroach upon, damage or destroy this historic property or its environs and, therefore, the City Council must review the project. At its January 12, 1998, meeting, the Historic Preservation Board voted unanimously to recommend to the City Council Option #1 finding that "no feasible and prudent alternative" exists. If the recommendation of these two groups is accepted by the council, it is proposed to fund the selected option from General Fund Appropriated Reserves in an amount not to exceed $160,000 per the initiating Resolution.. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Council Member Lambke Council Member Lambke stated that he was under the impression the City would be expediting the disposal of the property. Council Member Lambke said he could not support spending additional moneys. Motion -- Cole moved that no feasible and prudent alternative exists to selective demolition of the 505 and 507 East Douglas buildings, based on the advanced deterioration and hazardous conditions as documented in the engineering study; the initiation of a project as set out in Option #1 be approved; the initiating Resolution be adopted; Staff be authorized to provide the State Historic Preservation Officer with the notification of its action; and a transfer of funds from the General Fund to a capital project budget be authorized. Motion carried -- carried 5 to 2. Lambke, Knight - No. RESOLUTION NO. R-98-015 A Resolution authorizing the issuance of General Obligation Bonds of the City of Wichita, Kansas, to pay all or a portion of the costs for the demolition of a portion of the structures located at 505-507 East Douglas, presented. Cole moved that the Resolution be adopted. Motion carried 5 to 2. Yeas: Cole, Ferris, Gale, Kamen, Rogers. Nays: Lambke, Knight. CHILD PASSENGER ORD. ORDINANCE AMENDMENT PERTAINING TO THE CHILD PASSENGER SAFETY ACT. Gary Rebenstorf Director of Law reviewed the Item. Agenda Report No. 98-072. In July of 1997, the City Council passed an amendment to Section 11.38.370 of the City Code, pertaining to the child passenger safety act. That amendment was necessary to bring the City's ordinance into conformity with state law, due to some changes made by the 1997 legislature. When the amendment was presented to the Council, the last three subsections of Section 11.38.370 were inadvertently omitted. This amendment will accomplish what was intended by the earlier amendment, by replacing the language that was omitted. The language that is returned to Section 11.38.370 addresses three separate matters: _ Subsection (c) provides that the municipal court may waive court costs and $10 of the mandatory $20 fine if an offender can provide proof that he or she has purchased an approved child restraint system, which has been the practice of the court since the ordinance was originally adopted. This provision is designed to encourage parents and other persons who transport small children to obtain an approved child restraining system. _ Subsection (d) provides an absolute defense for an offender who can prove the subject child was 14 years of age or older at the time the citation was issued. _ Subsection (e) defines the term passenger car, as used in subsection (a), a term which must be defined in order for police to effectively enforce the ordinance. Since the amendment reflects the current practice of the municipal court, there should be no change in revenue from these citations. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the Ordinance be placed on first reading. Motion carried -- carried 7 to 0. ORDINANCE An Ordinance amending Section 11.38.370 of the City of Wichita, Kansas, pertaining to the Child Passenger Safety Act and repealing the original of said Section, introduced and under the rules laid over. GOVERNOR'S BUDGET RESOLUTION SUPPORTING THE GOVERNOR'S 1999 PROPOSED BUDGET. Chris Cherches City Manager reviewed the Item. Committees of the Kansas Senate and House of Representatives are currently considering State of Kansas Fiscal Year 1999 budget, as proposed by Governor Bill Graves. The budget for the State of Kansas contains intergovernmental aid vital to the financial well-being of local governments through the Local Ad Valorem Tax Reduction Fund (LAVTR), the County and City Revenue Sharing Fund (CCRS), and the Special City and County Highway Fund (SCCH), commonly referred to as "demand transfers." Each of these demand transfers were approved by the State Legislature through State statutes, prescribing the levels of each transfer through ratios and formulas, and were accomplished to enlist the cooperation and consent of local governments for specific state government initiatives. These demand transfers have been subject to annual reductions or growth limits below their statutorily authorized amounts since FY 1989, even though local governments have remained consistently faithful to the State government initiatives. The proposed budget recommends increasing the cap in demand transfers to cities and counties from 1.75% (FY 1998) to 2.4%. The State economy has significantly improved and funds are readily available to support increases in state aid to cities commensurate with this rate of growth in State general fund spending; and in the past, the State has used funds that were previously earmarked for State aid to cities and counties to fund State programs to the detriment of Kansas local governments. With the current State economy and the growing needs of Kansas municipalities, the State has the resources to increase State-shared revenues, and therefore, State aid should be reinstated to the full statutory limits, or no less than the Governor's proposal in his recommended budget. Council Member Ferris left the Bench. Motion -- carried Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Ferris absent) RESOLUTION NO. R-98-016 A Resolution supporting the Governor's proposal for State aid, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Ferris absent) Yeas: Cole, Gale, Kamen, Lambke, Rogers, Knight. CITY COUNCIL AGENDA PROCLAMATION PROCLAMATION. -- African-American History Month Motion -- carried Knight moved that the proclamations be authorized. Motion carried 6 to 0. (Ferris absent) Council Member Ferris present. APPOINTMENTS BOARD APPOINTMENTS (FOR TERMS EXPIRING JUNE 30, 1999) Board of Appeals of Air Conditioning, Refrigeration, Warm Air Heating and Boilers (2 appointments - Mobile Home Mechanic and Architect - Council at large) Commission on the Status of People with Disabilities (4 appointments - Cole, Kamen, Knight - 2) Wichita Athletic Commission (3 appointments - Council at large) Wichita Commission on the Status of Women (2 appointments - Kamen, Lambke) There were no appointments made. CONSENT AGENDA Knight moved that the Consent Agenda 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 FEBRUARY 2, 1998. At 10:00 a.m., Friday, January 30, 1998, 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 February 2, 1998) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Newell from Sheridan to Mt. Carmel (south of Central, east of West Street). (472-82790/764159/490518) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 01-14-96) (District IV) Cornejo & Sons - $35,931.00 University Court to serve University Court Third Addition (north of University, west of Leonine). (472-82737/763847/490487) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 7-2-96) (District IV) Cornejo & Sons - $48,162.00 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. WTA DEPARTMENT: Security Service (160002) Protective Services Merchant Police - $6.98 (per hour) Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid, and the necessary signatures be authorized. Motion carried 7 to 0. LICENSE APPLICATIONS APPLICATION FOR LICENSE-ADULT ESTABLISHMENT/SERVICES. Renewal Terry L. Herl New Elite Dating2415 South Glendale Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 7 to 0. APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. (Consumption off Premises) Ralph McGuire Dillon Store #129450 East Harry Ralph McGuire Dillon Store #168828 West 13th Street Ralph McGuire Dillon Store #207707 East Central Ralph McGuire Dillon Store #215500 East Harry Ralph McGuire Dillon Store #261227 South Hydraulic Ralph McGuire Dillon Store #302525 West Douglas Ralph McGuire Dillon Store #311640 South Broadway Ralph McGuire Dillon Store #334747 South Broadway Ralph McGuire Dillon Store #343932 West 13th Street Ralph McGuire Dillon Store #356297 East 13th Street Ralph McGuire Dillon Store #424801 East Central Ralph McGuire Dillon Store #4910222 West 21st Street Ralph McGuire Dillon Store #621435 North Waco Ralph McGuire Dillon Store #653211 South Seneca Ralph McGuire Dillon Store #662244 North Rock Road Ralph McGuire Dillon Store #7210515 West Central W. Kent Laughman Falley's Inc. dba Food 4 Less #373020 East Douglas W. Kent Laughman Falley's Inc. dba Food 4 Less #38640 North West Street W. Kent Laughman Falley's Inc. dba Food 4 Less #401212 South Woodlawn W. Kent Laughman Falley's Inc. dba Food 4 Less #412445 South Seneca Troy L. Wayman Whatta Stop 1203 East Pawnee John R. Leftwich Coastal Mart #91027101 East Lincoln John R. Leftwich Coastal Mart #9109400 South West Street 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. 1998 Sanitary Sewer Reconstruction Program, Phase I (east of Hydraulic, north of Kellogg). (468-82788/621870/533-298) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 1-7-97) (Districts I, II, III & VI) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., February 13, 1998. Motion carried 7 to 0. SUBDIVISION PLANS AND SPECIFICATIONS. a. Water Distribution System to serve Rocky Creek Addition (north of 13th, east of 127th Street East). (448-89121/733915/470469) Does not affect existing traffic. (Council approval date 3-4-97) (District n/a) b. Water Distribution System to serve Barrington Corner 2nd Addition (south of 21st, west of Ridge). (448-89218/734228/470500) Does not affect existing traffic. (Council approval date 10-28-97) (District 5) c. Lateral 158, Sanitary Sewer #22 to serve Lot 4, Block B, Section II, Missouri Pacific Industrial Park (west of West Street, south of 27th Street South). (468-82791/743377/480428) Does not affect existing traffic. (Council approval date 1-27-98) (District 4) d. Lateral 355, Southwest Interceptor Sewer to serve Northridge Lakes Addition (east of Tyler, north of 21st). (468- 82491/743385/480429) Does not affect existing traffic. (Council approval date 7- 25-95) (District 5) e. Lateral 386, Southwest Interceptor Sewer to serve Northridge Lakes Addition (east of Tyler, south of 29th Street North). (468- 82782/743393/480430) Does not affect existing traffic. (Council approval date 12- 9-97) (District 5) f. Lateral 355, Southwest Interceptor Sewer to serve Northridge Lakes Addition (east of Tyler, north of 21st). (468- 82491/743385/480429) Does not affect existing traffic. (Council approval date 7- 25-95) (District 5) g. Lateral 386, Southwest Interceptor Sewer to serve Northridge Lakes Addition (east of Tyler, south of 29th Street North). (468- 82782/743393/480430) Does not affect existing traffic. (Council approval date 12- 9-97) (District 5) h. Emporia Circle to serve South Broadway Industrial Park (from the north line of 46th Street South to and including cul-de-sac). (472-82901/764506/490553) Does not affect existing traffic. (Council approval date 2-3-98) (District 4) 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., February 13, 1998. Motion carried 7 to 0. PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. Water Distribution System to serve part of Smithmoor Seventh Addition (south of Harry, east of Webb Road). (448-89192/734236/470-501) Does not affect existing traffic. (Council approval date 9-16-97) (District II) - $84,000.00 b. 1997 Main Replacement Program - Group I (Sleepy Hollow) (north of Douglas, east of Hillside). (448-89194/634808/544-135) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 1-14-97) (Districts I and II) - $1,541,562.00 c. 1995 Intersection Program (various locations) (472- 82558/706093/405-163) Does not affect existing traffic. (Council approval date 2- 28-95) (District III, IV, & VI) - $2,250,000.00 (City Share, $850,000.00) d. Signalization (Downtown.) (472-82637/710160/410-067) Does not affect existing traffic. (Council approval date 8-29-95) (District VI) - $890,000.00 (City Share, $200,000.00) e. Wilson Estates Parkway from the east line of Red Brush to the east line of Lot 2, Block 9, and Sidewalk on the north side of Wilson Estates Parkway from the east line of Red Brush to the east line of Lot 2, Block 9 to serve Wilson Farm Addition (south of 21st Street, east of Rock Road). (472-82846/764597/490-562) Does not affect existing traffic. (Council approval date 7-1-97) (District II) - $293,760.00 f. Honeytree from the north line of Smithmoor Seventh Addition, south to and including cul-de-sac; Brandon from the north line of Smithmoor Seventh Addition south to and including cul-de-sac; and Mt Vernon from the west line of Lot 1, Block 2, Smithmoor Seventh Addition to the east line of Lot 1, Block 3 to serve Smithmoor Seventh Addition (south of Harry, east of Webb). (472-82859/764696/490-571) Does not affect existing traffic. (Council approval Date 9-16-97) (District II) - $168,000.00 Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 7 to 0. SEWER PETITION PETITION (100%) FOR SANITARY SEWER TO SERVE PART OF LOT 4, BLOCK B, SECTION II, MISSOURI PACIFIC INDUSTRIAL PARK (WEST OF WEST STREET, SOUTH OF 27TH STREET SOUTH). (District IV) Agenda Report No. 98-073. The signature on the Petition represents 100% of the improvement district. The project will extend sanitary sewer service to a new engine repair business. The estimated project cost is $22,000. 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-98-017 Resolution of findings of advisability and Resolution authorizing construction of Lateral 158, Sanitary Sewer Number 22 (west of West Street, south of 27th Street South) Number 468-82791 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. BOARDS MINUTES MINUTES OF ADVISORY BOARDS. Board of Code Standards and Appeals, 1-5-98 Board of Housing Commissioners, 11-20-97 CPO Southeast Council 3, 1-22-98 CPO Southwest Council 4, 1-22-98 Wichita Mid-Continent Airport, 1-5-98 Wichita-Sedgwick County Board of Health, 1-8-98 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 7 to 0. STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. There were no street closures/uses considered. WEAPONS DESTRUCTION WEAPONS DESTRUCTION. Agenda Report No. 98-074. The Police Department has requested authorization to destroy several weapons which have been confiscated in criminal activity but are no longer needed as evidence. City Code provides that weapons seized in connection with criminal activity shall be destroyed or forfeited to the Wichita Police Department. All transactions involving weapon disposal must have prior approval of the City Manager. A list of weapons being destroyed has been provided and includes a total of 98 handguns and 36 long guns The destruction of the weapons will be witnessed and monitored by Staff. Upon review by the City Council, the necessary court documents will be prepared to proceed with destruction of the listed weapons. Motion -- Knight moved that the list of weapons be received and filed. Motion carried -- carried Motion carried 7 to 0. DESIGN SERVICES AGMT. AGREEMENT - DESIGN SERVICES FOR EXPANDED NORTHEAST WICHITA WAR INDUSTRIES SEWER MAIN. (District II) Agenda Report No. 98-075. On January 7, 1997, the City Council approved a project for sanitary sewer mains to serve future developments and annexed areas as well as relocations due to development (CIP No. S-5, pg. 317). On December 11, 1997, the Staff Screening & Selection Committee selected Mid-Kansas Engineering Consultants, Inc. (MKEC) to size and design sanitary sewer mains to serve the approved expansion of the urban growth/service area which includes an area generally east of Webb Road to 127th Street East, and from north of 17th Street North to 29th Street North. The design will include the following activities: * sizing of lift stations to serve the area, * directing all force mains from these lift stations to the Kellogg/Greenwich lift station, * upgrading the Kellogg/Greenwich lift station and force main to the War Industries Sewer such that all of the new growth area can be discharged into the War Industries Sewer, * determining the appropriate discharge location, and * designing any gravity flow mains to serve the new growth area. Payment to MKEC will be made on a cost plus percentage of cost basis not to exceed $230,660. The funding source is Sewer Utility. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. NARCOTIC SEIZURE ACCTS. NARCOTIC SEIZURE ACCOUNTS. Agenda Report No. 98-076. Under Federal and State law, law enforcement agencies are permitted to seize assets that are proceeds from specified unlawful activities. After seizing an asset, law enforcement agencies file a case for forfeiture of the asset in Federal or State court. If the court rules that the asset is a proceed from specified unlawful activity, then the asset is forfeited to the law enforcement agency. For the City of Wichita, forfeited assets are deposited into Narcotic Seizure Accounts to provide supplementary funding for law enforcement activities. Budgets for the Narcotic Seizure Accounts are adopted to permit the expenditure of funds forfeited to the Wichita Police Department. Three Narcotic Seizure Accounts are adopted to comply with Federal and State regulations that require a separate account for assets forfeited under the different forfeiture programs. The Police Department recommends that the City Council adopt the 1998 budgets for the Narcotic Seizure Accounts, which are described in the Financial Considerations Section. The City is also required to certify the use of forfeit assets; therefore, the Police Department recommends that the City Council authorize the necessary signatures for the Annual Certification Report. The Narcotic Seizure Accounts have funds totaling $643,450. The Police Department recommends budgeting the funds for: Budgeted Item Amount Local Match for Grants $149,500 Undercover Buy Money 50,000 Surveillance Equipment for Undercover Investigations 20,000 Operations & Maintenance of Undercover Vehicles 40,000 Liability Insurance for Undercover Vehicles 12,350 Computer for Narcotic Seizure Detective 3,000 Subscription to ALERT Law Enforcement Training Video Series 2,500 Range 2000 Firearms Training Simulator 34,000 Training through WSU Community Policing Institute 10,000 Community Organization Grant Program 10,000 Tactical Entry Safety Equipment 50,000 Speed Enforcement Equipment 30,000 Contingency/Fund Reserve 232,100 643,450 Federal and State law require local units of government to use forfeited assets to supplement the funds dedicated to law enforcement and prohibit supplanting local funds with forfeited assets. Motion -- Knight moved that the Narcotic Seizure Accounts Budgets be adopted and the necessary signatures for the Annual Certification Report be authorized. Motion -- carried carried 7 to 0. STADIUM/MUSEUM REPAIRS REPAIRS: LAWRENCE-DUMONT STADIUM INFIELD AND ART MUSEUM FIRE CONTROL. (District VI) Agenda Report No. 98-077. The fire alarm system at the Wichita Art Museum was recently replaced, but the Halon equipment has not yet been replaced. A malfunction in the Halon triggering equipment caused a discharge of Halon. Protection Systems, Inc. agreed to provide the replacement Halon and equipment repairs for a total not-to-exceed cost of $16,581.00. The infield at Lawrence-Dumont Stadium has some separation on the AstroTurf playing surface, areas below the AstroTurf where the drainage system has sunken, and where the asphalt base has buckled. The AstroTurf surface is under warranty by Southwest Recreational Industries, Inc., and will be repaired at no charge. The drainage system and asphalt are not covered by warranty. Since any repairs to the asphalt or drainage system will require removal of those portions of the playing surface, Southwest Recreational Industries, Inc. has agreed to do all repairs for an amount not-to-exceed $19,400.00. Replacement of the Halon and repairs at the Art Museum was necessary for life-safety and protection of the artworks. This work is complete. The infield at Lawrence-Dumont Stadium is not safe to play baseball on because of the irregular surface. The City of Wichita has contractual obligations to Wichita Baseball, Inc. to keep the playing field usable. Work must be completed before baseball season starts April 13, 1998. The costs for these repairs will be paid from the 1998 Public Works Building Services budget. In the event that this budget cannot absorb these costs from savings or other underexpenditures, an increase in the Building Services budget will be required and can be programmed as part of revisions to the 1998 Budget presented to the City Council later in the year. Motion -- Knight moved that the infield repairs at Lawrence-Dumont Stadium be approved, and the information on the Wichita Art Museum be received and filed. Motion carried -- carried 7 to 0. PROPERTY ACQUISITIONS ACQUISITION OF PORTION OF PROPERTY LOCATED AT 2605 WEST CENTRAL (TRACT #16) FOR THE CENTRAL AVENUE IMPROVEMENT PROJECT FROM WEST STREET TO MCLEAN. (District VI) Agenda Report No. 98-078. The Central Avenue Improvement Project from West Street to McLean Boulevard, approved by Council on September 17, 1996, requires the partial acquisition of fifteen tracts along Central Avenue. These tracts include Tract #16 which is owned by Grace E. Sadiq. The subject tract contains approximately 50 square feet and will not affect any improvement on the remaining property. Due to the small size of the taking, the value of the tract is minimal. Market studies of the area indicate a value of $4.00 per square foot or $200. The property owner has agreed to sell the property to the City for this amount. The 1996 Capital Improvement Program includes $50,000 to acquire the necessary right-of-way for the project along Central. The funding source is General Obligation Bonds. The budget of $250 includes $200 for the acquisition and $50 for closing costs. The prior approved budget was $28,130. The $250 would increase the total expenditures to date to $28,930. This is the fourth acquisition for the project, leaving 10 properties to be acquired through negotiations or eminent domain. Motion -- Knight moved that the budget and the Contracts be approved; and the Mayor be -- carried authorized to sign the necessary documents. ACQUISITION OF PORTION OF PROPERTY LOCATED AT 2901 WEST CENTRAL (TRACT #12) FOR THE CENTRAL AVENUE IMPROVEMENT PROJECT FROM WEST STREET TO MCLEAN. (District VI) Agenda Report No. 98-079. The Central Avenue Improvement Project from West Street to McLean Boulevard, approved by Council on September 17, 1996, requires the partial acquisition of fifteen tracts along Central Avenue. These tracts include Tract #12 which is owned by Lloyd E. Lunsford Etux. The subject tract contains approximately 200 square feet and will not affect any improvement on the remaining property. Due to the small size of the taking, the value of the tract is minimal. Market studies of the area indicate a value of $4.00 per square foot or $800. The property owner has agreed to sell the property to the City for this amount. The 1996 Capital Improvement Program includes $50,000 to acquire the necessary right-of-way for the project along Central. The funding source is General Obligation Bonds. The budget of $850 includes $800 for the acquisition and $50 for closing costs. The prior approved budget was $28,130. The $850 would increase the total expenditures to date to $28,680. This is the third acquisition for the project, leaving 11 properties to be acquired through negotiations or eminent domain. Motion -- Knight moved that the budget and the Contracts be approved; and the Mayor be -- carried authorized to sign the necessary documents. BOATHOUSE BUDGET WICHITA BOATHOUSE BUDGET. Agenda Report No. 98-080. On December 23, 1997, the City Council approved agreements with the Arkansas River Foundation for the City to assume operational and financial control of the Wichita Boathouse. The City officially assumed operational responsibilities of this facility on January 1, 1998. At the time of approving the various documents, the City's staff transitional team was developing a budget for operations and maintenance. The work of the team is now complete and the budget is being presented for Council approval. Annual operating costs for the Wichita Boathouse in 1998 are projected at $200,360, and include funding for one position along with utilities, insurance, maintenance, security and materials/supplies. The majority of these budgeted costs ($172,760) will be budgeted in the City's Park and Recreation Department. Building maintenance costs will be budgeted in the Public Works Department ($27,600). The Boathouse is projected to generate approximately $88,070 in income, leaving a $52,790 General Fund subsidy in operations. These figures are preliminary and are based on prior operational costs and maintenance needs. As the City gains more experience with the facility and is able to improve marketing and usage, both the expenses and revenues will be impacted. Because of the construction of the Lewis Street bridge and soon to be under construction the Douglas bridge, river conditions and convenient access to the Boathouse have significantly impacts the operations and usage. The RiverKids youth program will be operated within the Park Department at a cost of approximately $59,500. This portion of the program budget is expected to generate income sufficient to offset expenses. Other uses are currently being explored, including placement of a visitors information service, gallery display area, party/reception and meeting spaces, and other uses are being evaluated. The City's 1998 Adopted budget included an allocation of $50,000 for the Boathouse. This allocation, plus an additional $2,790 in General Fund appropriated reserves will cover the proposed operational budget for 1998. Motion -- Knight moved that the 1998 annual operating budget for the Wichita Boathouse be -- carried approved. Motion carried 7 to 0. LEGAL CONSULTANT CONTRACT AMENDMENT FOR OUTSIDE LEGAL SERVICES - RAILROAD MERGER LITIGATION. Agenda Report No. 98-081. The City Council previously approved hiring of outside counsel, Steven J. Kalish of Washington, D.C., to assist the City in connection with a lawsuit filed in opposition to the merger between the Union Pacific and Southern Pacific railroads. This matter has been vigorously pursued by the City and the amount of the initial contracts for legal services has been exhausted. The City and County are sharing the legal expenses for outside counsel, an expert in these regulatory matters. Since being retained, Mr. Kalish has done significant work in federal court in connection with the pending lawsuit. The case is large and complex and the City's negotiations with the railroads over the next months will continue to require the assistance of outside counsel. The City's share of the additional fees for this work is estimated at $40,000 and a contract amendment increasing the total fees in that amount is required at this time. The fees will be paid from the tort liability fund. Motion -- Knight moved that the Contract be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. PROPERTY ACQUISITION ACQUISITION OF RIGHT-OF-WAY, MERIDIAN IMPROVEMENT FROM MAPLE TO CENTRAL AVENUE. (Districts IV and VI) Agenda Report No. 98-082. The 1998 Capital Improvement Program includes funding for right-of-way acquisition associated with the Meridian Street improvement, between Maple and Central. A City Council public hearing for authorizing construction funding will be scheduled later in the year. The proposed improvement is a three lane roadway consisting of two through lanes and a center left turn lane. Staff is requesting approval of $50,000 in funding at this time to fund the purchase of right-of-way needed for the project. The project budget is $50,000. The funding source is General Obligation bonds. Motion -- Knight moved that the Project be approved and the Ordinance be placed on first -- carried reading. Motion carried 7 to 0. ORDINANCE An Ordinance declaring Meridian, from Maple to Central Avenue (472-82740) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, introduced and under the rules laid over. ORDINANCES SECOND READING ORDINANCES. (First read January 27, 1998) a. Multi-Family Housing Revenue Bonds - Innes Station Partners, L.L.C. (District VI) ORDINANCE NO. 43-688 An Ordinance authorizing the City of Wichita, Kansas, to issue its Multi-Family Housing Revenue Bonds, Series II, 1998 (Innes Station Apartments Project) in the aggregate principal amount of not to exceed $4,100,000 for the purposes of acquiring and renovating a Multi-Family rental apartment facility; authorizing execution of a trust indenture by and between the City and Intrust Bank, N.A., Wichita, Kansas, as trustee; authorizing the City to lease such facility to Innes Station Partners, L.L.C. and authorizing execution of a least purchase agreement between said City and Innes Station Partners, L.L.C.; and authorizing the execution of land use restriction agreement among Innes Station Partners, L.L.C., the issuer, and the trustee; and authorizing the execution of the bond purchase agreement for the bonds by and among the City, Innes Station Partners, L.L.C. and Stifel, Nicholaus & Company, Inc., as purchaser of the bonds, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Kamen abstained) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. b. A 98-2 Annexation Northeast Corner of 29th Street North and Ridge Road. (District V). ORDINANCE NO. 43-689 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, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. A 98-2 c. A 98-3 - Annexation One Quarter Mile North of 13th Street on the East Side of Maize Road. (District V) ORDINANCE NO. 43-690 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, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. A 98-3 d. A 98-4 Annexation East of Webb Road, South of Harry. (District II) ORDINANCE NO. 43-691 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, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. A 98-4 PLANNING AGENDA Marvin Krout Director of Planning stated that Items 32 and 33 could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Knight moved that Planning Agenda Items 32 and 33 be approved as consensus Items. -- carried Motion carried 7 to 0. S/D 97-73 S/D 97-73 - PLAT OF BARNUM ADDITION LOCATED ON THE NORTH SIDE OF MACARTHUR ROAD, (Item No. 32) EAST OF BROADWAY. (District III) Agenda Report No. 98-083. MAPC Recommendation: Approve the plat. Staff Recommendation: Approve the plat. A zone change from SF-6 to GC has been approved for this site subject to platting. In order to guarantee the closure of a driveway required by the access control being dedicated by the plat, the applicant submitted a cash guarantee. Certificate of Petition from James D. Barnum. Sewer 100 Percent Petition for construction of Lateral 86, Main 1, Southwest Interceptor Sewer (north of Broadway, east of MacArthur) Project No. 468-82804 ($14,000 S.A.) Hold for development Storm Sewer 100 Percent Petition for construction of Storm Water Sewer No. 498 (north of Broadway, east of MacArthur) Project No. 468-82805 ($13,000 S.A.) Hold for development. Motion -- Knight moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC be approved, subject to the recommended conditions, and the Ordinance be placed on first reading with publication being withheld until such time as the Plat has been recorded with the Register of -- carried Deeds. Motion carried 7 to 0. ORDINANCE An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, introduced and under the rules laid over. Z-3239 RESOLUTION NO. R-98-018 Resolution of findings of advisability and Resolution authorizing construction of Lateral 86, Main 1, Southwest Interceptor Sewer (north of Broadway, east of MacArthur) Project No. 468-82804 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-019 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Sewer No. 498 (north of Broadway, east of MacArthur) Project No. 468-82805 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. A 97-12 A97-12 - REQUEST TO ANNEX PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF (Item No. 33) GREENWICH ROAD AND 21ST STREET NORTH. Agenda Report No. 98-084. Mr. Bill Cozine of Kensington Gardens, LLC and Bill Warren of Luxury Development Partners, Inc. have requested that contiguous properties under their separate ownerships be annexed into the City of Wichita. The Cozine tract is approximately 76.63 acres in size, wrapping around the 19.31 acre Warren tract which is at the northeast corner of Greenwich Road and 21st Street North. The proposed tracts are both platted; the final plat for Kensington Gardens went before City Council on January 28, 1997, was approved by the County and has been recorded with the Register of Deeds. The plat of the Manhattan Addition went before City Council on January 7, 1997, was approved by the County and also has been recorded with the Register of Deeds. The properties are currently used for agricultural purposes and include three lakes and a large number of existing trees and vegetation, particularly along the southeastern half of the property. The land is surrounded by the K-96 Expressway to the north and east, and agricultural uses to the south and west. Property to the south has been approved by the County for commercial uses and a church site. Approximately 80 acres on the west side of Greenwich Road is proposed for a mixture of commercial and industrial uses. On January 24, 1996 the Board of County Commissioners approved a Conditional Use permit for a cemetery and associated crematory for 68 acres of the Kensington Gardens tract plus a zone change from the "SF-20" Single- Family Residential District to the "LC" Limited Commercial District for a 7.02 acre tract located west of the K-96 Expressway on the north side of 21st Street North, to accommodate a proposed mortuary. On December 13, 1995, the County Commission approved "LC" zoning for a proposed multi-screen cinema complex and possible other commercial uses on the Manhattan Addition site. The City Engineer's office indicates that city water and sewer service are not available to serve this site, but the site is within the City's future service boundary. The City is in the process of installing approximately 8,000 feet of 36 inch water main along 21st Street North from Clubhouse to 127th Street East, and approximately 2,600 feet of 16 water inch main along 127th Street East from 21st Street North, going south to the Burlington Railroad tracks. The project is tentatively scheduled in the City's adopted Capital Improvement Program (CIP) for 1997 with a total project cost of $2,120,000. Property owners will still have to guarantee a 16 inch main which will run on the south side of K-96 to the south line of 29th Street North. A lift station and additional improvements to the City's sewer system will provide the capacity to serve this area with sewer. The property has access to Greenwich, a 2-lane paved section-line arterial, with existing traffic volume of approximately 1,330 average daily trips (ADT) between 29th Street North and K-96. The 2020 Transportation Plan projects traffic along Greenwich to increase to approximately 2,475 ADT for this segment. Greenwich is also projected by the 2020 Transportation Plan to remain a 2-lane arterial. However, with the proposed development of nearly a quarter-section of land, and depending on the actual uses, it may be necessary to improve Greenwich to a 3-lane or 4-lane arterial to accommodate the anticipated traffic volumes in this area. Petitions for street improvements on Greenwich Road were submitted by the owners of Manhattan Addition and the property west of Greenwich Road to be held for development. The latest edition of the 1997 Transportation Improvement Program shows a partial interchange at Greenwich and K-96 to be constructed in 1999, by the County through special assessments on the property west of Greenwich. The County is currently widening 21st Street North to 4 lanes between the east city limits of Wichita and K-96 Bypass. This process is scheduled to be completed by the end of the year. In 1997, the County widened the shoulder on 21st Street North between the K-96 Bypass and the Butler County line. The Wichita Fire Department indicates fire protection can be extended to the requested annexation area within a 8 minute response time from City Fire Station No. 14, located at 6408 Farmview. However, as part of the 1st responder agreement, County Fire Station No.38, located at 1010 N. 143rd Street East can reach the area in 6 minutes. A new City Fire Station (No. 18) is currently being proposed in the City of Wichita 1996-2005 Capital Improvement Program (CIP). The new fire station is to be located near Jabara Airport, 2800 N. Webb Road. The station will be a 6,200 square feet, two truck bay and is scheduled to be constructed this year at a cost of $730,000. After this station is constructed, the new response time will be 4 minutes. Upon annexation, police protection will be provided to the area by the Patrol East Bureau of the Wichita Police Department. The properties are located in School District 259 (Wichita District). This properties are located within the urban growth area of the City of Wichita as delineated by the comprehensive plan for the metropolitan area, and is also inside the Policy 32 urban service area. The properties are located within an area that is not served with city water or sewer at this time. The property owners will be responsible for the cost of connecting to water and sewer when the services are requested and are available. The property owner of Kensington Gardens, LLC has projected a total estimated value of $339,000 for the cemetery and associated crematory. Cemeteries, however are not assess for taxes. The Manhattan Addition has a projected total estimated value of $8 to $10 million. The properties are eligible for annexation under K.S.A. 12-520 (7) of State Law. 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-98-12 A 98-5 A98-5 - REQUEST TO ANNEX PROPERTY GENERALLY LOCATED NORTH OF CENTRAL AND EAST OF GREENWICH ROAD. Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 98-085. The land being considered for annexation was developed several years ago under agreements between the developers and the City of Wichita. In order to develop their properties, various developers petitioned for the extension of City water service between April 17, 1984 and December 17, 1996. The platted properties total approximately 465 acres. The properties are generally located north of Central and east of Greenwich Road, otherwise known as the following additions: Balthrop Addition (Preston Trails), White Tail, Cobblestone Addition, Walker's Cobblestone, Pike's Cobblestone, Bauer's Cobblestone, and Rocky Creek subdivisions. The developers of these additions obtained City water service through the platting process and signed agreements regarding future annexation. These agreements were recorded and are binding on subsequent landowners. The agreement states that: "the owners of land covered hereunder do hereby consent to, petition, and request the annexation of such lands by the City of Wichita at such time as it determines appropriate (as contemplated in K.S.A. 12-519 et. seq.) Until such time as the annexation occurs, the owners covenant and agree they will not seek incorporation as a separate city nor annexation to any other city of the land, or any part thereof. The foregoing consent to annexation and covenants are hereby made binding on all heirs, successors and assigns and are made a covenant to run with the land and shall not be withdrawn without the consent of the City of Wichita; and in the event such consent is given, said services above may be terminated at the option of the City of Wichita." Although not required by Kansas State Law, City staff held an informational meeting for the residents on January 22, 1998. At this meeting, residents voiced their concerns and staff provided information regarding city services and the timetable for their annexations. The land is currently used for single-family residential purposes. The number of platted lots proposed for annexation is 773. Not all lots are developed. Most of the lots proposed for annexation are zoned "SF-20" Single-family, which allows lots as small as 20,000 square feet under the Wichita- Sedgwick County Unified Zoning Code. The Cobblestone and White Tail addition are substantially developed, while development in the Balthrop Farms and Rocky Creek Additions is in early stages. There are 3 corners lying within the proposed area which are zoned "LC" Limited Commercial. This is the west 1050 feet of the south 600 feet of Balthrop Farms; the west 725 feet of the north 450 feet of White Tail; and the west 600 feet of the south 600 feet of Rocky Creek. None of these commercially zoned areas are yet developed. The surrounding property is mainly residential in character. By City policy, 100% of the cost of local street, drainage, and water improvements is borne by abutting properties through benefit assessments. Areawide County road projects, identified in the 1996- 2000 Sedgwick County adopted Capital Improvement Program, include the following arterial streets: Widening of Central to 4 lanes between Greenwich and K-96 Bypass (R-224); construction planned for 1998. [$2,350,000] Widening of Central to 4 lanes between K-96 Bypass and 143rd Street East (R-230); construction planned for 1998. [$1,800,000] Widening of Greenwich Road to 4 lanes between Central and Kellogg (R-191); this is a cost shared project with the City of Wichita. Construction had been planned for the Year 2000 (in the County CIP), but both the City of Wichita and Sedgwick County have moved the project up with completion planned in 1998. [$730,000 was shown in CIP, but more likely will be around $1,000,000, matching the City of Wichita's share]. Widening of 13th Street North to 4 lanes between the east city limits of Wichita and the K-96 Bypass; construction is planned for 1999. [$5,125,000] Areawide City road projects, identified in the 1996-2005 City of Wichita Capital Improvement Program, include a 50-50 cost sharing project with Sedgwick County to widen Greenwich Road between Kellogg and Central (MS- 9613). This is a project which had been scheduled for construction in the year 2003, according to the previous City CIP, but had been moved up to this year. The City's share is around $1,000,000. The City will be taking responsibility for street maintenance and drainage-related issues on all of the internal subdivision streets now being maintained by Minneha Township. No arterial street rights-of- way are proposed for annexation at this time. The right-of-way for 127th Street North of 13th Street will remain the township's responsibility, while other arterials bordering these additions will continue to be maintained by Sedgwick County. The proposed annexation site is 100% within the Four Mile Creek Sewer District. If annexed, the area will continue to be served by the sewer district, unless the City of Wichita acquires the sewer district. The Wichita Fire Department indicates that the proposed annexation area can be furnished fire protection from City Fire Station No. 15, located at 7923 E. Lincoln, in approximately 12.5 minutes. Fire protection is currently provided to the area on the basis of a first-responder agreement between the City and County. Response time from the County Fire Station No. 38 located at 1000 N. 143rd Street is approximately 4.5 minutes. The proposed new City station at Webb and 29th Street North should be able to provide similar response times. Upon annexation, police protection will be provided by officers working out of the Patrol East Bureau of the Wichita Police Department. Balthrop Addition and Cobblestone are both located in Unified School District 259 (Wichita Public School District), while the remaining subdivisions of White Tail and Rocky Creek are located in Unified School District 385 (Andover Public School District). Annexation will not change the school district. The proposed annexation area is located within the urban growth area of the City of Wichita as delineated by the Comprehensive Plan for the Metropolitan Area, and is also inside the Policy 32 Urban Service Area. The proposed annexation site is located within an area that is already being served with city water, and sewer is provided by the County's Special District. Fire service appears adequate, because of the first- response agreement with the County. Tax revenues generated by these newer additions are substantial and growing. It is estimated that the additional revenue to the City from property taxes as a result of annexing these additions today is approximately $188,888, and will be approximately $555,149, at "build-out." (Excluding any future commercial development.) On the basis of the foregoing information, it is concluded that the annexation of the property in question will not result in an extraordinary expense to the City-at-large. The property is eligible for annexation under K.S.A. 12- 520 (a)(7) of State Law. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Kamen 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-98-5 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 legal advice and matters relating to employer-employee negotiations; and the regular meeting be resumed no later than 12:45 P.M. in the -- carried City Council Chambers. Motion carried 7 to 0. RECESS Council recessed at 12:15 p.m. and reconvened in regular session at 12:40 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 12:40 p.m. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 165 FEBRUARY 3, 1998 Page 1