MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, April 15,1997 Tuesday, 9:08 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cole, Gale, Kamen, Lambke, Rogers; present. *Council Member Ferris absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. 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 April 22, 1997, were -- approved approved 6 to 0. (Ferris absent) AWARDS AND PRESENTATIONS *Council Member Ferris present. PRESENTATION The Coastal/Gooch Scholarship was presented to BreeAnna Bennett. PROCLAMATIONS Mayor Knight presented the Proclamations previously approved. NEW BUSINESS HUD HUD CONSOLIDATED PLAN - 1997-98 ONE YEAR ACTION PLAN. Tom Smith Grants Coordinator reviewed the Item. Agenda Report No. 97-234 A. On March 18, 1997, the City Council approved the proposed 1997/8 One Year Action Plan as a substantial amendment to the HUD Consolidated Plan and authorized staff to initiate the thirty day public comment period. A summary of the One Year Action Plan was published for comment on March 20, 1997. The thirty day comment period ended April 20,1997. Copies of the draft plan were also made available at public locations. The 1997/1998 One Year Action Plan lists the federal resources expected to be available to address the priority needs previously adopted by the City Council, a description of the activities (projects to be funded by the City Council), the geographic location of the activities and homeless, and other special needs activities to be undertaken. The 1997/8 One Year Action Plan covers the period beginning July 1, 1997, and ending June 30, 1998. Because the public comment period ends April 20, 1997, a summary of public comments will be forwarded for Council consideration prior to the City Council meeting on April 22, 1997. The 1997-1998 Consolidated Plan totals $6,842,475 and is comprised of an estimated $5,561,475 in grant funds, $565,000 1997/8 projected program income (all but $90,000 of projected income is derived from revolving funds such as Historic Loans), $396,000 in program balances, and $320,000 prior year program income. The City has met the federal requirements to proceed with submittal of the One Year Action Plan to HUD. Tom Smith Grants Coordinator, responding to a question, explained that United Way is working with the Homeless Coalition. Software has been acquired to facilitate the homeless data collection system. There has been funding set aside to address at least a portion of the cost of the homeless data collection system. United Way is discussing with other communities that have comprehensive data collection systems regarding how the collection is actually done. Chris Cherches City Manager said the project has been funded for several years. United Way has agreed to take the lead to implement the data. From the very beginning, there has been some discussion, but not total agreement, about the data base that would be consistent throughout the entire community. There should be uniformity in the data base so there is one data input and one output. The United Way effort will attempt to ensure that all agencies participate in that area and, if not, then a request will be made to the City Council and the County Commission that unless agencies participate in the uniform data gathering and supplying, they would not be eligible for public funding. Council Member Rogers momentarily absent. Mayor Knight momentarily absent with Vice Mayor cole in the Chair. Council Member Kamen Council Member Kamen said more help needs to be given to the general population, and suggested that $13,970 in excess funds, and the difference between $25,000 and the $13,970, which would be made possible through surplus of funds not expended by agencies, be applied 60 percent to United Methodist Ministries and 40 percent to Anthony House. Vice Mayor Cole Vice Mayor Cole inquired if anyone wished to be heard. Gerry Winget Gerry Winget, United Methodist Urban Ministry, said there are three meetings this week during which there will be work on the homeless plan. There will be a meeting today dealing with goal statements about how to deal with homelessness. There will be a centralized data system. Mr. Winget said he has had much frustration because he has tried for a long time to get a central system. A number of agencies have agreed on the form and the information to be collected. Mr. Winget committed himself to communicating to the rest of the Task Force and the Homeless Coalition that this is a priority of the Council. Regarding why, when the economy is better, there are more homeless, Mr. Winget explained that homelessness is not an economic issue but, rather, it is a disability issue. Primarily, the mentally ill who have been released from institutions but who are probably not employable. This is a chronic population who are trying to learn how to change. Capacity is needed to work with the people. Annabelle Haupt Annabelle Haupt, United Methodist Church, said between 70 to 80 people are fed on one meal per month at the Drop-in Center. The people fed probably cannot get jobs. Ms. Haupt said she would be willing to have taxes raised to take care of the homeless. Marge Zakora-Vaughn Marge Zakora-Vaughn, Human Services Board President, said people ought to be meaningfully involved in the budget process and urged the use of some of the general fund moneys to support the homeless. Sam Muyskens Sam Muyskens, Inter-Faith Ministries, stated that the issue of homelessness will not go away. Welfare reform is needed but there will be additional homeless. Mr. Muyskens said the Human Services Department has the data requested because this information is turned in regularly. Inter-Faith Ministries will provide any information needed and will work with anyone. Chris Cherches City Manager explained that a tracking data base is desired which will actually show the numbers and the services that are needed to meet the priorities that have been established by the committees. Today, there is no known information, in this building, that would give the numbers of homeless and the activities or services the individuals receive from the various agencies receiving funding. There is no out-base information known of, in this building, that provides that type of data. What will be attempted, with the data base, is to track the actual numbers. Uniform and accurate data is needed so funding can be focused in areas of the greatest need and numbers. Janet Flentje Janet Flentje, Catholic Charities, said she realized a plan is needed but, during the interim, the shelters are open and there are new demands and funding is needed. There is concern regarding how non-profit agencies are going to do what needs to be done. Motion -- Ferris moved that the 1997/8 One Year Action Plan be approved and the Mayor be authorized to sign grant documents. Amendment -- Kamen moved an amendment to the motion that the $13,971 surplus plus addition moneys (from unexpended allocations) to a maximum of $25,000 be allocated in equal portions to Catholic Charities, Inter-Faith Inn, and United Urban Ministries. Chris Cherches City Manager explained that a designation of where the funds were to be taken from would have to be made as there are no excess funds in public service. Mayor Knight present and in the Chair. Amendment restated -- Ferris restated the amendment that up to $25,000, be allocated from surplus funds in the public services area, as surpluses arise in the public service component of the plan over the next 12 months, 1/3 to Catholic Charities, 1/3 to -- carried Inter-Faith Inn, and 1/3 to United Urban Ministries. Amendment carried 7 to 0. -- carried Motion carried 7 to 0. Council Member Ferris Council Member Ferris said the County has a 1.075 mill levy, which equates to slightly under $2 million, for mental health. If the homelessness is due to mental health problems, perhaps some help should come from the County. (The Council proceeded to take up the time-certain Snap-It Program Item. Action is shown in Agenda order.) VENT FREE HEATER VENT FREE HEATER EDUCATIONAL PROGRAM. Council Member Ferris left the Bench. Jack Brown Acting Community Health Department Director reviewed the Item. Agenda Report No. 97-343. By previous Council action it was recommended that the Board of Health re-consider the issue of vent-free heating appliances with an emphasis toward development of an educational program for the community relating to the to the potential health issues associated with the use of vent-free heaters. The Board of Health has developed four (4) recommendations to be considered by the Council regarding the use of vent-free heating units: 1. Require that all heating units have visible warning labels attached for the entire period of its use as a vent free appliance identifying potential health risks associated with its use. 2. Recommend that carbon monoxide detectors be utilized in homes using vent-free heating appliances. 3. That Health Department staff develop an educational brochure to alert consumers of potential risks from indoor air emissions regarding the use of vent-free heating devices. 4. That the Board of Health contact the United Stated Environmental Protection Agency, the Consumer Product Safety Commission, the Kansas Department of Health and Environment and other appropriate agencies requesting that further studies be conducted regarding the use of vent-free heating appliances and the consequences of indoor air emissions on public health. With the exception of item #1 above, these recommendations can be achieved within the existing budget and staffing levels of the Health Department. To be effective Item #1 (warning label requirements) would require the development of an ordinance that would be difficult to enforce and to which there is no current staffing to provide enforcement. The Law Department indicates that an ordinance would be necessary to effectively implement a warning label requirement. The Board of Health has developed four (4) recommendations to be considered by the Council regarding the use of vent-free heating units. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the Board of Health recommendations 2, 3, and 4 be approved. -- carried Motion carried 6 to 0. (Ferris absent) WASTE CODE AMENDMENTS TO THE WASTE CODE. Jack Brown Acting Community Health Department Director reviewed the Item. Agenda Report No. 97-344. The Environmental Protection Agency has established rules and regulations to ensure that industrial and commercial liquid wastes are transported in accordance with current regulatory statues and are disposed of in a facility designed for proper disposal of such wastes. Regulations also require that such liquids are not disposed of as sewage. Included are regulations designed to ensure that industrial liquid wastes are disposed of in such a manner that harmful contaminants do not damage, or cause problems to Publicly Owned Treatment Works (POTW). The changes have been established by the Industrial pretreatment Program of the Water and Sewer Department working in conjunction with the health Department. The changes were approved by the Wichita-Sedgwick County Board of Health at their march meeting. The majority of the provisions have been in force since March 1993, and were discussed at meetings with the haulers prior to their implementation. The changes would establish codified regulations that would meet EPA rules for transportation of liquid wastes to POTWs. It would also establish a repository, at the Health Department, of contingency plans on how liquid waste transporters would handle a spill from their vehicles. There should be no direct economic impact to the City. The principal economic cost to the operators of sewage tank trucks will be in the preparation of a contingency plan for accidents that may result in spills from their vehicles. Mayor Knight momentarily absent with Vice Mayor Cole in the chair. Vice Mayor Cole Vice Mayor Cole 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 6 to 0. (Ferris absent) ORDINANCE An Ordinance amending Sections 7.08.020 and 7.08.140 of the code of the City of Wichita, Kansas, pertaining to definitions and solid waste collection vehicles and repealing the original of said sections and creating Section 7.08.125 of the Code of the City of wichita, Kansas, pertaining to liquid waste, introduced and under the rules laid over. 1996 CAFR 1996 COMPREHENSIVE ANNUAL FINANCIAL REPORT. Continued from April 15, 1997. Mark Dick Mark Dick of Allen, Gibbs, & Houlik, L.C., confirmed that there were no instances of noncompliance that are required to be reported. Agenda Report No. 97-321. Kansas state law requires an annual audit of all City accounts to be performed by an independent certified public accounting firm at least annually. Additionally, an audit of the City's federal forfeiture program is required by the bureau of Justice each year. The Comprehensive Annual Financial Report (CAFR) and the report on compliance required by the Bureau of Justice are for the year ended December 31, 1996. The City's CAFR is designed to provide information needed by interested parties to gain a fair understanding of the government's financial position, results of operations and cash flows. The independent certified public accounting firm of Allen, Gibbs, & Houlik, L.C. issued their opinion that the general purpose financial statements present fairly, in all material respects, the financial position of the City as of December 31, 1996, and the results of its operations and the cash flows of its proprietary fund types and component units in conformity with generally accepted accounting principles. The Wichita Public building Commission, Metropolitan Transit Authority, and the Wichita Airport Authority are considered component units and have been included in the financial reporting entity as discrete presentations. Council Member Ferris present Ray Trail Director of Finance, responding to questions, explained that, on Page A-10, the $9.4 million in underexpenditures occurred for two primary reasons: (1) budgetary controls to keep costs down, and (2) certain of the reserve funds each year become appropriated reserves which are not intended, necessarily to be spent, but they are appropriated as reserves and are reflected in the numbers. Over all, in terms of the General Fund, it was only drawn down about $.5 million in terms of the total expenditures versus the revenues for the year. Regarding unincumbered fund balances as of December 31, 1996, on Page A-11, the approximate $23 million is for all funds and much of that is on the basis of savings by watching the bottom line and expending money only as necessary; and across all funds it is very common to appropriate certain reserve amounts as contingencies that are not spent. On Page A-11, under the Debt-Service Fund, the shortage of about $4.1 or $4.2 million in other revenues was caused because there was an instance where the timing of general obligation bonds for freeways was re- projected and the issuance of bonds was delayed when the dollars had been budgeted to be spent during the year. The debt service payments on the bonds were not initiated because the City did not have to borrow the money as early as was originally projected. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the 1996 Comprehensive Annual Financial Report and the Independent Accountants' Report of the Department of Justice Forfeiture Program -- carried for the year ended December 31, 1996, be received/filed. Motion carried 7 to 0. SNAP-IT PROGRAM REVIEW OF SNAP-IT (HANDICAPPED PARKING) PROGRAM. Mayor Knight Mayor Knight said he could no longer support continuation of the program as it is now going. Agenda Report No. 96-957 A. On April 1, 1997, the City Council again heard opposition to the Snap-It Program. The Mayor requested that this matter be returned to City Council for further discussion on the enforcement/penalties and a review of the current program. In November, 1995, the City Council approved amendments to the handicapped parking ordinances of the City to provide a mandatory $100 fine for all handicapped parking violations, regardless of whether the person had a valid placard at the time of the violation. The amendments also provided that Municipal Court Judges may order community service in lieu of the mandatory fine, if the court finds the person is financially unable to pay. A special Snap-It court docket was established in October, 1995. All handicapped parking tickets scheduled for trial are set on this monthly docket. On May 7, 1996, the City Council requested a review of the Snap-It program, based on questions and concerns about the mandatory fine and requested staff to assemble data on the Snap-It Program. The City Council requested the Commission on the Status of People with Disabilities (CSPD) review this matter again. On May 28, 1996, the CSPD conducted a public hearing to obtain public input on the mandatory fine issue. The meeting was attended by thirty-nine citizens. At its special meeting on June 5, 1996, the CSPD discussed citizen input, reviewed messages and letters from citizens expressing opinions concerning the mandatory fine, and expressed individual positions on the issues. The CSPD recommended to the City Council that the October, 1995, ordinance remain as is and continue in effect. The City Council approved the continuation of the Snap-It Program on June 11, 1996, and asked that CSPD make a final evaluation in November 1996. On November 19, 1996, the City Council voted to retain the current Ordinance. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Hank Blase Hank Blase, member of the Commission in the Status of People with Disabilities, expressed concern regarding what form discretion would be given to the court. No fine by the court system would not meet federal requirements. The Federal Law states that the State's system for handicap parking shall require that the placard be displayed so that it is visible from both the front and the back of the vehicle by hanging it from the rear view mirror. If the car does not have a rear view mirror, then the placard can be placed on the dash. In contemplating the discretion the Council would want to consider, it is suggested that just a total waiver of the fine would not be appropriate in light of the Federal Law. Ed Koon Ed Koon, 236 South Nevada, spoke in favor of giving the judges discretion. J.V. Johnson J.V. Johnson, Snap-It volunteer, said that from personal observation, most abusers are handicap placard owners and that with privilege comes responsibility. John Gilmers John Gilmers said it has become easier to find parking since the snap-it program started, and spoke against the judges being able to reduce fines. Ompal Chauhan Ompal Chauhan said he has always been able to find handicap parking space. The Snap-it program has hurt more handicapped persons than it has helped. People ought not be fined for forgetting. Mr. Chauhan said the $100 fine and $65 court costs are excessive. These programs are not meant to be revenue producing. Al Loffland Al Loffland spoke against the current ordinance and said $100 is very excessive. Unidentified Unidentified speaker said the ordinance is flawed and punishes those it should help. Even in the case of proof of insurance people are given 10 days to provide the proof and then the ticket can be dismissed. The speaker suggested a small fine if the placard has just not been hung. True violators should pay a heavy fine. Dorathea Sloan Dorathea Sloan, Commission on the Status of People with Disabilities, said the program is working and that if people can remember to park in a handicap stall, they can remember to place a placard in the window. Ms. Sloan wondered what discretion the judge would be allowed and said the ordinance should be left as it is. Susan Cook Susan Cook, Commission on the Status of People with Disabilities, said the court costs are $37.50, and the community service is 20 hours. During the last eight months Ms. Cook has been going to traffic court. Many of those who have contested the tickets are able bodied. When the police officer has put the weather conditions on the ticket, and the weather was nice, the contestant says it was snowing or raining, and the judge dismisses the tickets. Ms. Cook said that if the City Council weakens the ordinance she would not stay on the Commission on the Status of People with Disabilities as the Commission's recommendations would have been ignored. Shirley Younce Shirley Younce said the numbers of violations are not going down. Some people are apparently able to access the system and get tickets nolle prosed. Ms. Younce said hardly any people are found guilty. The judges still have a lot of discretion. Ms. Younce said, "I have got all the Snap-It Volunteers' resignations - we resign." Pat Gilmers Pat Gilmers said the Police cannot take care of all the handicap parking violations. Violators should pay the tickets - then they would not forget to place the placard in the window. Mayor Knight momentarily absent with Vice Mayor Cole in the Chair. Council Member Ferris Council Member Ferris said he, personally, believed there is no right for a handicapped person to park in a handicapped stall. There is a right to park in a handicapped stall if the vehicle displays a handicapped tag or a handicapped placard displayed and a card to go with the displayed card. Also, there are very few people who are disabled and forget to display the placard properly. There is a problem with simple judicial discretion because of things that occurred under the previous ordinance when the judges did have discretion. There was much abuse which was documented to the Council. Council Member Ferris said he does have a problem with a $137 fine for an elderly person who may have forgotten. There is some pride that goes with growing old and there are some disabled people who do not want to get the disabled tag because of pride. There should be some accommodation for that side as well. Council Member Rogers momentarily absent. Mayor Knight Mayor Knight said he is not comfortable with the current ordinance. There should be vigilance on those violators who are not handicapped. Council Member Cole Council Member Cole said she had, over the last three years, come to support the following philosophy, "Because of government mandates, all public accommodations must be made accessible to the disabled at public expense. Other private buildings, including offices, hotels, apartments, etc., must also be adapted, at private owners expense, for the convenience of the disabled. Easily accessible parking spaces must be provided, usually in the most preferred locations. Curb cuts must be made; pay telephones lowered, etc." Council Members Kamen, Rogers; momentarily absent. Council Member Cole said all of the work above is done with the only requirement being that the disabled persons show evidence that they are disabled - whether it be a license tag or a placard which shows they are eligible for the preferred status. The program serves the disabled persons in Sedgwick County who have purchased placards or tags and the current ordinance is the best the City can do. Motion -- Lambke moved that the $100 fine be retained but if a placard is forgotten, the fine be reduced to $10 or $20 (a small amount) for those entitled; and that legal staff be asked look into a way to tighten up the dismissal of cases. Gary Rebenstorf Director of Law explained that most of the cases are now heard once a month at the Police Substation on the west side. Council Member Rogers Council Member Rogers said a maximum and a minimum fine could be set but should not waived completely because of people forgetting to display placards. Gary Rebenstorf Director of Law explained that the State has set the minimum fine for violation of handicapped parking at $50. The City does not have the authority to go below $50. There is another ordinance which imposes $37 for a case plus an additional $10 if a trial date is set. Subst. motion -- Knight moved a substitute motion that the Law Department be asked to return with suggested language on how to give more discretion to the judges on the matters pertaining to violations committed by the handicapped. Council Member Ferris Council Member Ferris said he had a problem with the $10 amount of fine. Fifty dollars is the State designated amount and would be an acceptable amount for those who forgot to display their placards. Waiving of the court costs would also be acceptable for those who forgot to display placards. Subst. motion reframed Knight reframed the substitute motion to give the judges the discretion to reduce the fine to $50 and waive the court costs for those who have valid placards and forgot to display them. Gary Rebenstorf Director of Law said the judges have the authority to remit the fine which means the judge can say person is guilty and impose the fine, and the remit means the person does not have to pay the fine. Mayor Knight Mayor Knight said he wanted a difference between handicapped and able-bodied violators. -- withdrawn Substitute motion, with consent of the second, withdrawn. Subst. motion -- Ferris moved a substitute motion that the handicapped ordinance and the $100 fine be retained with the following exceptions: In the event the individual has a valid placard, is able to produce the placard and show that at the time of the violation the person had the placard and a card, the judge would have the discretion to lower the fine to not less than $50 and reduce the court costs or eliminate the court costs for that particular individual; or in the event that the ticket is remitted, that the court costs stand in place of that fine; and that the community service portion be retained but would be reduced to 10 hours of community service (which would be in line with the lowered fine). -- carried Substitute motion carried 6 to 1. Cole - No. Council Member Kamen Council Member Kamen urged the Snap-It volunteers to work with the City for a while under this ordinance to see how it works out. Council Member Rogers Council Member Rogers said he did not see this as precluding the Law Department working on some language so an additional adjustment could be made. CONSENT AGENDA Knight moved that the Consent Agenda, except Item 21, 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 APRIL 21,1997. At 10:00 a.m., Friday, April 18, 1997, 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 April 21, 1997) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS 1997 Storm Water Utility Drainage Program to serve Bluff, north of 21st (east of Hillside, north of 21st St). (468-82679/660290/561604) Does not affect existing traffic. (Council approval date 2-4-97) (District I) Utility Contractors - $157,445.00 (Engineer's Construction Estimate)* *Negotiated Water Distribution System to serve Ivy Christine Addition (south of Maple, west of Hoover. (448-89080/733683/470446) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 2-25-97) (District V) KC Excavating - $12,413.00* Water Distribution System to serve Maple Lane Addition (south of Maple, east of Ridge. (448-89058/733360/470414) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 7-2-96) (District V) KC Excavating - $28,610.00* *$41,023.00 (Aggregate Total) Group G Main Replacement Project along Indiana from Murdock to 13th Street, Ohio from Murdock to 10th Street, and 9th Street from Ohio to Cleveland (south of 13th, east of Ohio). (448-89101/634717/544126) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 1-14-97) (District I) BRB Contractors - $327,942.70 1997 Contract Maintenance Quickset Slurry Seal of Asphalt Streets, Phase I. (131557) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 3-4-97) (District IV, V & VI) Ferguson Paving - $149,340.00 (Engineer's Construction Estimate) Water Distribution System to serve Hickory Creek Estates Addition (south of 13th St North, west of 119th St West). (448- 89127/733741/470452) Does not affect existing traffic. (Council approval date 3- 18-97) (District V) WBW Contractors - $58,474.00 31st Street North to serve Mediterranean Plaza (north of 29th Street North, west of Webb Road). (472-82803/764209/490523) Does not affect existing traffic. (Council approval date 3-25-97) (District II) Ritchie Paving - $56,558.00 Storm Water Drain #124 to serve The Park Chateau (east of Maize, south of Pawnee). (468-82636/750927/485128) Does not affect existing traffic. (Council approval date 8-27-96) (District V) Utility Contractors - $25,400.00 Storm Water Sewer #480 to serve Brentwood Village Addition (south of Harry, east of Webb). (468-82667/750935/485129) Does not affect existing traffic. (Council approval date 2-25-97) (District II) WB Carter Construction - $117,000.00 Installation of approximately 6,800 feet of 16" Water Main in Harry Street (1,200 feet east of Greenwich Road to 2,750 feet east of 127th Street East). (448-89045/633529/544546) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 1-7-97) (District county) WB Carter Construction - $283,726.00 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. PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS DIVISION: MATERIAL SPREADER (130807-4610) AS PER SPECIFICATIONS Murphy Tractor & Equipment Co. - $11,248.24 (Total Net Bid) HUMAN SERVICES DEPARTMENT/WHA: LAWN MOWING, TRIMMING & EDGING SERVICES (127027) AS PER SPECIFICATIONS Group I - EZ Care Lawn Service Item 1 - $50.00 Per Mowing Item 2 - $39.00 Per Mowing Item 3 - $10.00 Per Mowing Group II - Atmosphere Item 1 - $50.00 Per Mowing Item 2 - $70.00 Per Mowing LIBRARY/BRANCH LIBRARIES: BRANCH LIBRARIES JANITORIAL SERVICES AS PER SPECIFICATIONS Trujillo Janitor Service Item 1 - $360.00 Per Month Item 2 - $ 85.00 Per Month Item 3 - $ 85.00 Per Month Item 4 - $ 85.00 Per Month Item 5 - $360.00 Per Month Item 5 - $ 85.00 Per Month Option 1 - $ .08 Per Sq. Ft. Option 2 - $ .10 Per Sq. Ft. Option 3a - $65.00 Per Call Out Option 3b - $40.00 Per Call Out Option 3c - $40.00 Per Call Out Option 3d - $40.00 Per Call Out Option 3e - $65.00 Per Call Out Option 3f - $40.00 Per Call Out Option 4 - $10.00 Per Hour Per Person PARK & RECREATION DEPARTMENT: CHANNEL CATFISHAS PER SPECIFICATIONS Culver Fish Farm - $1.34 Per Pound WATER & SEWER DEPARTMENT/SEWAGE TREATMENT: POLYMER FOR USE IN WASTEWATER SOLIDS DEWATERING FACILITY AS PER SPECIFICATIONS Item 1 - Allied Colloids Inc. - $13.013 Per Net Dry Ton Discharged WATER & SEWER DEPARTMENT/DISTRIBUTION: METER BOXES AS PER SPECIFICATIONS Hajoca Corporation - $25.50 Per Each (Plus Applicable Sales Tax) HEALTH DEPARTMENT/PERSONAL HEALTH: NURSES STATION CABINETRY (143008) AS PER SPECIFICATIONS Farha Construction Inc. - $9,587.00 (Total Net Bid) Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid. Motion carried 7 to 0. LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1997 (Consumption on Premises) Teresa J. Roll Pizza Hut #301046*333 E. 47th St. S Paul A. Eck Family Home Assoc., Inc.*3202 W. 13th St. (Consumption off Premises) John R. Leftwich C Mart #9115 1131 E. 47th St. S John R. Leftwich C Mart #9114 8008 E. 21st St. David Glass Sam's Club #82546200 W. Kellogg New Operator 1997 (Consumption on Premises) E.S. Webb Bratwurst Haus*528 W. Douglas Juana Maria Garcia Monterrey Restaurant* 5518 W. Central New Establishment 1997 (Consumption on Premises) Mary Ann Isbell Country Crib* 835 E. 1st St. Special Event Pat Audley Wichita River Festival- Riverside Park South- 5/16/ 97 & 5/17/97 551 W. Central Kristi Parker Wichita Pride Inc./650 N. Seneca PrideFest '97-6/7/97 Janzen Nguyen Thai Binh-5/17/971518 W. 21st St. *General Restaurant-Beer Sales derive less than 50% of gross revenues. Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 7 to 0. PLANS AND SPECS. PLANS AND SPECIFICATIONS. Relocation of Sanitary Sewer at Friends University, Sanitary Sewer #8. Does not affect existing traffic. (Council approval date 1-7-97) (District VI) (468-82684/621540/533-265) 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., May 2, 1997. Motion carried 7 to 0. SUB. PLANS AND SPECS. SUBDIVISION PLANS AND SPECIFICATIONS. Storm Water Drain No. 127 to serve Bradford North Addition (west of Tyler, south of 29th). (468-82677/750919/485127) Does not affect existing traffic. (Council approval date 2-25-97) (District 5) Lateral 31, Main 12, Southwest Interceptor Sewer to serve Sunridge 2nd Addition (north of 13th, east of 119th St West). (468- 82156/743021/480394) Does not affect existing traffic. (Council approval date 3- 17-92) (District 5) Motion -- Knight moved that the Plans and Specifications and instruct the City Clerk to advertise for bids to be submitted to the Board of Bids and Contracts by 10:00 -- carried a.m., May 2, 1997. PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. 1997 Contract Maintenance Chip Seal of Residential Streets - $144,423.00. Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 3-4-97) (District I, III, IV, VI)(131-607) b. 1997 Contract Maintenance Residential Concrete Reconstruction, Phase I - $137,500.00. Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 3-4- 97)(131-715) c. 1997 Contract Maintenance Arterial Mill and Overlay Phase III, Joints along 13th Street North (13th Street North between Maize & Tyler) - $80,000.00. Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 3-4-97) (District V) (132-282) d. 1997 Contract Maintenance Arterial Concrete Reconstruction Phase I - $382,800.00. Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 3-4- 97)(132-357) e. Ridge Road from 21st Street North to 29th Street North to serve Lake Ridge Commercial Second Addition, Reflection Ridge Commercial Addition, and Reflection Ridge Commercial Second Addition - $2,380,000.00. Traffic to be maintained through construction. (Council approval date 6-18-96) (District V) (472-82735/706382/405-192) f. Tennis Courts in MacAdams Park (I-135 & 13th Street North) - $89,000.00. Does not affect existing traffic. (Council approval date 3- 18-97) (District I) (472-82799/785618/440-092) g. Water Distribution System to serve The Park Chateau Addition (south of Pawnee, east of Maize Road) - $29,580.00. Does not affect existing traffic. (Council approval date 3-7-97) (District V) (448- 89123/733717/470-449) h. Water Distribution System to serve Mediterranean Plaza Addition (north of 29th Street on Webb Road) - $40,500.00. Does not affect existing traffic. (Council approval date 3-13-97) (District II) (448- 89128/733725/470-450) i. Water Distribution System to serve The Brentwood Village Addition (Harry, east of Webb) $78,000.00. Traffic on Webb Road to be maintained during construction. (Council approval date 2-25-97) (District II) (448-89112/733733/470-451) j. Lateral 3, Main 18, Southwest Interceptor Sewer to serve Hickory Creek Estates Addition (south of 13th Street North, west of 119th Street West) - $99,960.00. Does not affect existing traffic. (Council approval date 3-7-97) (District V) (468-82682/743047/480-396) k. Dora, Millstead and Dora Court to serve Lark & Lark 4th Additions (east of 119th Street East, south of Kellogg) - $360,060.00. Does not affect existing traffic. (Council approval date 3-18-97) (District V) (472- 82801/764191/490-522) l. 1997 Storm Water Utility Drainage Program to serve Bluff, north of 21st Street (east of Hillside, north of 21st Street) - $173,210.00. Does not affect existing traffic. (Council approval date 2-4-97) (District I) (468-82679/660290/561-604) Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 7 to 0. PAWNEE MESA ADDITION PETITIONS FOR SANITARY SEWER, WATER, AND PAVING IMPROVEMENTS IN PAWNEE MESA ADDITION (NORTH OF PAWNEE, WEST OF LARK). (District V) Agenda Report No. 97-345. Pawnee Mesa Addition was platted in 1980 as a single-family neighborhood. The property was sold to a new developer who has submitted new petitions to reconfigure the area to accommodate the current lot sales rate. The petitions total $443,000. The funding source is Special Assessments. Motion -- Knight moved that the Petitions be approved, the Resolutions be adopted (hold for -- carried development), and the Mayor be authorized to sign. Motion carried 7 to 0. RESOLUTION NO. R-97-112 Resolution of findings of advisability and Resolution authorizing construction of Water distribution System Number 448-89138 to serve Pawnee Mesa Addition (north of Pawnee,west of Lark) 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-97-113 Resolution of findings of advisability and Resolution authorizing construction of Lateral 16, Main 13, Southwest Interceptor Sewer to serve Pawnee Mesa Addition (north of Pawnee, west of Lark) (468-82701) 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-97-114 Resolution of findings of advisability and Resolution authorizing improvement of Covington and Shefford Streets in Pawnee Mesa Addition (472-82820) (north of Pawnee, west of Lark) 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. ADVISORY BOARDS MINUTES OF ADVISORY BOARDS. Board of Appeals of Air Conditioning, Refrigeration, Warm Air Heating, & Boilers, 4/3/97 Board of Appeals of Plumbers & Gas Fitters, 4/1/97 Board of Electrical Appeals, 3/11/97 Board of Housing Commissioners, 2/20/97 Board of Housing Commissioners, 3/20/97 Commission on the Status of Women, 4/7/97 CPO Southeast Council 3, 4/10/97 Wichita Art Museum, 3/27/97 Wichita Airport Authority, 3/17/97 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 7 to 0. STREET CLOSURES CONSIDERATION OF STREET CLOSURES/USES. Agenda Report No. 97-360. In accordance with the Special Event Procedures, event sponsors are to notify adjacent property owners and coordinate arrangements with Staff, subject to final approval by City Council. The following Special Event requests have been submitted: 1) Law Day Date of event: April 25, 1997 Location: City Hall Street Closures: Main Street, Central to Third (10:30 a.m. to 1:30 p.m.) For combined safety equipment display of City and County vehicles. Inasmuch as possible, event sponsors are responsible for all costs associated with special events. Motion -- Knight moved that the request be approved subject to: (1) Event Sponsors notifying every property and/or business adjoining any portion of the closed street; (2) Coordination of event arrangements with City Staff; (3) Hiring off-duty public safety officers as required by the Police Department; (4) Obtaining barricades to close the streets in accordance with requirements of Police, Fire and Public Works Departments; (5) Submitting a Certificate of Insurance evidencing general liability insurance which covers the event and its related activities, including the naming of the City as an additional insured with -- carried respect to the event's use of the closed City streets. Motion carried 7 to 0. ENGINEERING CONTRACTS DESIGN SERVICES FOR A WATER MAIN ALONG MAPLE BETWEEN MAIZE ROAD AND 119TH STREET. (District V) Agenda Report No. 97-346. On March 21, 1997, the Staff Screening & Selection Committee selected Austin Miller, P.A. to provide the design services to install 16" water main along the north side of Maple from west of 119th Street to east of Maize Road, and on April 15, 1997, the City Council approved the project. An Agreement has been prepared. According to the Water Master Plan, this improvement is required to complete loops in the distribution piping network in the area. By completing this loop, both pressure and flow will be increased in the immediate area. Additionally, this main will assist in transmission of flow to the extremities of the distribution system. Payment to Austin Miller, P.A. will be made on a lump sum basis not to exceed $11,000. Water Utility Funds have been designated in the Capital Improvement Program (CIP No. W-540) for this main. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to sign. -- carried Motion carried 7 to 0. BOEING INDUSTRIAL DESIGN SERVICES FOR SANITARY SEWER TO SERVE BOEING INDUSTRIAL COMPLEX. (District III) Agenda Report No. 97-347. The City Council approved a petition and project to provide a larger sanitary sewer line to serve Boeing Industrial Complex on March 25, 1997. The proposed Agreement between the City and Professional Engineering Consultants, P.A. (PEC) provides for the design of Main 25, War Industries Sewer (from Turnpike Drive west to K-15 Highway, and along K-15 north to I-135). Because PEC had previously designed a significant portion of the proposed project under private contract with Boeing, it is recommended that PEC be contracted to complete the final plan preparation to get the project ready for bidding. Payment will be on a lump sum basis not to exceed $12,000 and will be paid by Special Assessments. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to sign. -- carried Motion carried 7 to 0. SMITHMOOR FIFTH DESIGN SERVICES FOR SMITHMOOR FIFTH ADDITION. (District II) Agenda Report No. 97-348. The City Council approved the Smithmoor Fifth Addition plat on March 18, 1997. The proposed Agreement between the City and Municipal Engineers, P.A. provides for the design of Water Distribution System No. 448- 89069, and paving Shiloh (south of Harry, east of Webb). Because Municipal Engineers, P.A. provided subdivision engineering services for this addition, it can expedite construction plan preparation. Payment will be on a lump sum basis not to exceed $11,050 and will be paid by Special Assessments. Motion -- Knight moved that the Agreement be approved, and the Mayor be authorized to sign. -- carried Motion carried 7 to 0. SUNRIDGE SECOND DESIGN SERVICES FOR SUNRIDGE SECOND ADDITION. (District V) Agenda Report No. 97-349. The City Council approved the Sunridge Second Addition plat on March 17, 1997. The proposed Agreement between the City and Moehring & Associates provides for the design of Lateral 31, Main 12, Southwest Interceptor Sewer; Water Distribution System No. 448-88556; and paving Shefford and Shefford Court (north of 13th Street, east of 119th Street West). Because Moehring & Associates provided subdivision engineering services for this addition, it can expedite construction plan preparation. Payment will be on a lump sum basis not to exceed $22,249 and will be paid by Special Assessments. Motion -- Knight moved that the the Agreement be approved and the Mayor be authorized to -- carried sign. Motion carried 7 to 0. ITS SUPPLEMENTAL AGREEMENT FOR INTELLIGENT TRANSPORTATION SYSTEM (ITS) EARLY DEPLOYMENT PLANNING STUDY. (All Districts) Agenda Report No. 97-350. on March 4, 1997, the City Council approved an agreement with the Kansas Department of Transportation (KDOT) that provides for the City to hire an engineering consulting firm to undertake the City's ITS Early Deployment Planning Study. The purpose of the study is to identify the ITS user services appropriate for Wichita, and to develop a Deployment Plan based on these user services. The agreement reduces the reimbursement to the City for allowable costs incurred by the City to a not to exceed amount of $400,000. The $400,000 will be paid by Federal grant funds. The original agreement was incorrectly written based on $400,000 Federal grant funds plus a 20% match of State funds. The City's share will consist only of staff time and will be absorbed by Engineering's budget. Motion -- Knight moved that the Supplemental Agreement be approved and the Mayor be -- carried authorized to sign. Motion carried 7 to 0. LINCOLN AND EDGEMOOR AUTHORITY TO AWARD CONTRACT - COMMITMENT OF CITY FUNDS FOR LINCOLN AND EDGEMOOR. (District II & III) Agenda Report No. 97-351 The Authorization Document between the City and the Kansas Department of Transportation (KDOT) is for reconstructing and widening the intersection of Lincoln and Edgemoor. On January 9, 1996, the City Council approved the project for construction. On July 2, 1996, the City Council approved an agreement with KDOT to administer the project and provide 90 percent federal funding. The project is a part of the 1996/1997 Capital Improvement Program (CIP No. MS-412). The project consists of widening the intersection, installing left turn lanes on Lincoln, upgrading the traffic signals, and landscaping the right-of-way. Bids for construction of the improvements were received on March 19, 1997. Cornejo & Sons, Inc. submitted the low bid of $557,980.17. In accordance with the Agreement entered into by the City and KDOT, the City's share of the cost is $82,154,52 and will be paid by General Obligation Bonds. KDOT will reimburse the City for 90 percent of the cost for construction engineering services which has an upper limit of $62,103.81. Motion -- Knight moved that the award of the Construction Contract and the City's share of the costs be authorized, the Construction the Engineering Agreement be approved -- carried and the Mayor be authorized to sign. Motion carried 7 to 0. 47TH STREET S. AUTHORITY TO AWARD CONTRACT - COMMITMENT OF CITY FUNDS FOR 47TH STREET SOUTH AND EMPORIA. (District IV) Agenda Report No. 97-352. The Authorization Document between the City and the Kansas Department of Transportation (KDOT) is for improving the intersection of 47th Street South and Emporia. On January 9, 1996, the City Council approved the project for construction. On October 29, 1996, the City Council approved an agreement with KDOT to administer the project and provide 50 percent federal funding. The project is a part of the 1996/1997 Capital Improvement Program (CIP No. MS-412). The project consists of closing the frontage road on the northwest quadrant and providing access farther to the west. Bids for construction of the improvements were received on March 19, 1997. Dondlinger & Sons Construction submitted the low bid of $46,225.06. In accordance with the Agreement entered into by the City and KDOT, the City's share of the cost is $27,532.90 and will be paid by General Obligation Bonds. KDOT will reimburse the City for 50 percent of the cost for construction engineering services which has an upper limit of $3,996.60, but not to exceed a maximum of $25,000 of total project costs. The Authorization Document and the Agreement have been approved as to form by the Law Department. Motion -- Knight moved that the Construction Contract and payment of the City's share of the costs be authorized, the Construction Engineering Agreement be -- carried approved and the Mayor be authorized to sign. Motion carried 7 to 0. (Item No. 18) ARTERIAL SIDEWALKS 1997 ARTERIAL SIDEWALK AND WHEELCHAIR ACCESS RAMP PROGRAM. (All Districts) Agenda Report No. 97-353. The 1997 Capital Improvement Program includes a project to continue constructing sidewalk on arterial streets and wheelchair access ramps (MS-9309). This will be the fourth year of a 10-year program for wheelchair access ramps. On February 19, 1997, the Traffic Commission discussed the proposed 1997 Arterial Sidewalk Construction Program. The Traffic Commission voted 4-0 to recommend the following: Construct sidewalk on the south side of 31st Street South, from Richmond to West Street. Construct sidewalk on the south side of 13th Street North, from Williamsburg to Edgemoor. Construct sidewalk on both sides of Broadway, from 33rd Street South to 55th Street South. Increase the budget for arterial sidewalk construction from $50,000 to a minimum of $100,000. The Broadway location was brought to the attention of staff because handicapped persons were observed operating motorized scooters and wheelchairs in the vehicular traffic lanes of Broadway both north and south of 47th Street South. In evaluating Broadway, staff determined that there is insufficient right-of-way width to construct sidewalk in the section between 33rd and 47th Streets South. However, sidewalks are recommended along Broadway between 47th and 55th. If approved, this segment of sidewalk would cost $110,000. Funding this additional work in the 1997 program could be accomplished by reducing the wheelchair ramp program, but keeping the total project budget at $450,000. Staff recommends this course of action The estimated project cost is $450,000. The funding source is General Obligation Bonds. Federal law requires that wheelchair ramps be installed at all locations where sidewalks are located. Motion -- Knight moved that the Program be approved, the Resolution be adopted and the -- carried Mayor be authorized to sign. Motion carried 7 to 0. (Later in the meeting the Council returned and reconsidered this Item. Action is shown below.) Motion -- Knight moved that the rules be set aside and Item 18 be reconsidered. Motion -- carried carried 7 to 0. Motion -- Lambke moved that the sidewalk on Broadway from 47th to 55th be deleted from further consideration. Chris Cherches City Manager said the project was in line with ADA requirements. In this area there are handicapped individuals who use the streets because there are no sidewalks and that this could be a liability for the City. Mayor Knight momentarily absent with Vice Mayor Cole in the Chair. Council Member Gale Council Member Gale explained that handicapped persons were riding scooters in the streets and there are new housing developments in the area and mothers are pushing strollers in the streets. Council Member Cole momentarily absent. -- withdrawn Lambke, with consent of the second, withdrew the motion. Motion -- Gale moved that the Program be approved, the Resolution be adopted and the -- carried Mayor be authorized to sign. Motion carried 7 to 0. RESOLUTION NO. R-97-115 A Resolution authorizing the issuance of bonds by the City of Wichita at large for public improvements for sidewalks on the south side of 31st Street South, from Richmond to West Street, on the south side of 13th Street north, from Williamsburg to Edgemoor, and on both sides of Broadway, from 33rd Street South to 55th Street South, and wheelchair access ramps (1997 Arterials sidewalk and wheelchair access ramp program), presented. Gale moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. PUBLIC HOUSING REPORT ON PUBLIC HOUSING MANAGEMENT ASSESSMENT PROGRAM (PHMAP) FOR FISCAL YEAR 1996. Agenda Report No. 97-354. On March 13, 1992, HUD implemented final regulations establishing the Public Housing Management, Assessment Program (PHMAP) for all PHA's with more than 500 Public Housing units. PHMAP establishes performance measures for PHA's in such areas as unit vacancies, modernization (CIAP), outstanding work orders, and inspection and repair of units. PHMAP regulations compute mathematical-weighted scores for each performance measure which is translated into a letter grade (A,B,C,D,E) for each measure. A total weighted score is computed for all performance measures in determining a PHA's overall PHMAP score. On a scale of 0-100, a score of less than 60% can cause a PHA to be designated "troubled" by HUD. This designation can affect future HUD funding. PHMAP scores between 60%-89% are designated "standard". Scores of 90% or more qualify a PHA for a "high achiever" designation. A "high achiever" designation can result in less reporting and oversight by HUD. The PHMAP Certification was approved and the Resolution adopted by the Board of Housing Commissioners on April 10, 1997. Indicators #2 - Modernization, #4 - Energy Consumption, #9 - Operating Reserves and #10 - Routine Operating Expenses are completed from information contained in quarterly reports and computed by HUD. The authority anticipates a good score, however, actual calculations of the 1995 score for the Public Housing Management Assessment Program will be dependent upon actual HUD rating of Indicators #2, #4, #9, and #10 and approval of Modification #1 to Indicator #5, Unit Turnaround. Motion -- Knight moved that the report certifying submission of the 1995 Public Housing Management Assessment Program to the Department of Housing and Urban Development -- carried (HUD) be approved. EQUUS BEDS EQUUS BEDS RECHARGE DEMONSTRATION PROJECT - CHANGE ORDER NO. 2. (All Districts) Agenda Report No. 97-355. On December 31, 1996, the City entered into a contract with Utility Contractors, Inc. to do construction work for the Equus Beds Recharge Demonstration Project. This project includes the installation of facilities to withdraw surface water and "bank storage" water from the Little Arkansas River and recharge pits and facilities to demonstrate if that water can be used to recharge the Equus Beds. The original contract amount for this project was $2,267,700. Change Order No. 1 was approved by the City Council on March 18, 1997. It increased the contract price by $15,603, for a total amount of $2,283,303. The design of this project is intended to provide adequate facilities to evaluate the feasibility of the Equus Beds Recharge Project. In order for these facilities to be available for the spring run-off, the design was adequate and provided information for an accurate bid for the project. However, it was anticipated that some alterations would be needed after work began in the field. Change Order No. includes five items as follows: A revision in the design of the river intake structure and pumps. This is an increased cost of $50,303. Because of the depth of the river and the steeper river banks, the depth of the excavation needed to install the river intake has to be altered. This change will be more expensive, but is still $30,000 less than if the original design concept is maintained. An additional three 50 KVA transformers. This is an increased cost of $9,345. The design engineers intended to include these transformers, but did not provide the information to the bidders. A larger motor to run the bank-storage demonstration well. This is an increased cost of $119. Installation of a level sensor for the revised river intake structure. This is an increased cost of $483. A deduction of $100,000 that the contractor had included in their bid to pay for change orders. Staff believes that there are no alternatives to this Change Order. If these materials are not supplied, the project cannot be completed. The approval of Change Order No. 2 will decrease the total contract price by $39,749, for a total amount of $2,243,553. Funding for this project is included in CIP #W-403, Water Supply Plan (Phase II), which has a total available funding of $3,002,000 in 1996 and 1997. This Change Order is 1.75% of the original contract amount. Motion -- Knight moved that the Change Order No. 2 with Utility Contractors, Inc. for a decrease in the contract amount of $39,749.00 be approved and the Mayor be -- carried authorized to sign. (Item No. 21) BRIDGEPORT DESIGNATION OF REDEVELOPER FOR LOT 5, BRIDGEPORT INDUSTRIAL PARK II. Agenda Report No. 97-356. The City of Wichita, in the late 1970's determined that there was insufficient heavy industrial land available for development within the Wichita city limits. Responding to this need, the City purchased property in the North Industrial Corridor through the Urban Renewal Act and redeveloped the area with new utility lines and streets into the Bridgeport Industrial Park Phases I, II and III. Contemporary Communications, Inc., is proposing the construction of a 36,000 sq. ft. direct mail assembly plant. Contemporary currently employs 38 people and anticipate increasing their employment with 45 new jobs over the next five years as a result of their proposed expansion. Contemporary Communications provides a full-line of printing and direct mail services including machine inserts, packaging, assembly and fulfillment, folding, sorting, metering, barcoding, labeling and inkjet addressing. Contemporary prints, processes and mails approximately 10 million pieces monthly serving local, regional and national clients, specializing in personalized mailings. Contemporary Communications currently leases its building at 435 N. Mosley. They have an approved 77% property tax abatement for ten years as a result of the Letter of Intent for IRB's approved by the Council on September 10, 1996. On March 4, 1997 the Council extended Contemporary Communications Letter of Intent to September 10, 1998. Contemporary Communications is proposing to purchase Lot 5, Bridgeport Industrial Park II. Lot 5 contains 9.71 acres, 422,792 sq. ft., of land with 2.8 acres or 122,010 sq. ft. of the total lot being drainage easement leaving 300,782 sq. ft., 6.9 acres, of developable land. The $150,000 offer equates to $.50 per sq. ft. for the developable portion of the lot. Contemporary will be responsible for all the remaining specials on the lot and any future special assessments as a result of their development. Remaining specials are approximately $5,222.35 or $.012 per sq. ft. Contemporary is requesting the City of Wichita indemnify them against existing environmental conditions and provide a Certificate of Release under the 29th and Mead Contamination Certification Program. The City has never received any offers to purchase the total lot or portions of the lot. The City has only one other sale in Bridgeport II and it was for a 33,000 sq. ft. portion of Lot 8, that was sold for $.66 per sq. ft. for the developable portion plus remaining specials. The City also swapped lot 4, Bridgeport II to Southwest Paper Company for for their ownership in Old Town. The sale price of $150,000.00 equates to $.50 per square foot and Contemporary agrees to pay remaining specials of $.012 per square foot , $5,222.35 over the remaining term. The above equates to a total price of $.512 per sq. ft. There is no commission being paid as a result of the sale of this parcel. The funds from the sale will be used to pay the City's cost of selling, advertising, and closing expenses on the property. Surplus funds will be used in the City's CDBG program in accordance with URA requirements. Council Member Gale Council Member Gale reviewed the item. Motion -- Gale moved that the Real Estate Purchase Contract be approved and the Mayor be authorized to sign the contract and other required documents. Motion carried -- carried 7 to 0. MARCH 1997 CLAIMS REPORT ON CLAIMS ALLOWED - MARCH, 1997. Name of Claimant Amount Tammy Hastings $ 446.09 Jeff Belt $ 191.81 Charles T. Rust $ 256.96 Bonnie Lynn Stancker $2,400.00 Jill Ziesch $1,800.56 Harold Clarke $1,565.06* Heather M. Clark $ 173.20 Bryan L. Shimkovitz $ 44.99 Cynthia A. Caster $ 300.00* Mark T. Wagoner $ 185.33* *These claims were filed for greater amounts than what the City paid. Motion -- carried Knight moved that the report be received and filed. Motion carried 7 to 0. CONDEMNATIONS REPAIR OR REMOVAL OF DANGEROUS & UNSAFE STRUCTURES. Agenda Report No. 97-357. On April 7, 1997 the Board of Code Standards (BCSA) held a hearing on the following three (3) properties. These properties are considered dangerous and unsafe structures, and are being presented to schedule a condemnation hearing before the Governing Body. Improvement notices have been issued on these structures, however, compliance has not been achieved. pre-condemnation and formal condemnation letters were issued and the time granted has expired. no action has been taken to repair or remove the following properties. Property Address Council District (1) 2146 N. Topeka 6 (2) 2920 N. Jackson 6 (3) 1214 E. Gilbert 1 These structures have defects that under Ordinance No. 28- 251 of the Code of the City of Wichita, shall cause them to be deemed as dangerous and unsafe buildings, as required by State Statute for condemnation and consideration. Motion -- Adopt the Resolutions to place this matter on the agenda for a Hearing before the -- carried Governing Body on June 3, 1997. Motion carried 7 to 0. RESOLUTION NO. R-97-109 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lots 21-23, Pattie Avenue, Huntsbarger's Addition to Wichita, Sedgwick County, Kansas, known as 1214 East Gilbert in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-110 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lot 8, F.C. Steck Addition to Wichita, Sedgwick County, Kansas, known as 2920 North Jackson in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-111 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lots 11, 13, and 15, on Topeka, together with the south half of vacated alley adjacent to said Lot 11, on the north, Union Addition to Wichita, Sedgwick County, Kansas, known as 2146 North Topeka in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. AIRPORT AUTHORITY CIP AIRPORT AUTHORITY CAPITAL PROJECT INITIATION - SITE PREPARATION AND UTILITY EXTENSION. Agenda Report No. 97-358. The project is Site Preparation and Utility Extension and represents improvements that will be made to Colonel James Jabara Airport subject to further action and approval by the Wichita Airport Authority. The project has been included in a Capital Improvement Program of the City of Wichita. Details regarding the project are disclosed in the Project Finance Proposal. This action approves only the intent to use City of Wichita bonding authority in the future and does not specifically authorize the issuance of debt nor does it preclude the use of any substitute funding source. The total cost for the capital improvements, based on the best present information, is $10,000. Motion -- carried Knight moved that the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-97-116 A Resolution declaring that a public necessity exists for, and that the public safety, service, and welfare will be advanced by, the making of certain capital improvements to the Colonel James Jabara Airport Facility operated by the Wichita Airport Authority of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. GOLF SITE VISITATIONS PERTAINING TO GOLF COURSE. Agenda Report No. 97-359. On December 17, 1996, the City council approved the City's participation in the development of a new 18-hole City-owned golf course to be located in the area of 135th Street West and Maple. A request for proposals for a golf course architect was distributed nationally and 20 proposals were received. A selection committee determined a list of five finalists for further consideration, including reference checks and interviews. In addition, a sub-committee plans to visit certain of the facilities located in the surrounding region that have been designed by the finalists for a first-hand evaluation of the quality of the finalists' designs. The sub-committee will include Council Member Ferris, the Director of Parks and Recreation, and the City's Golf Course Manager. Facilities will be visited in Tulsa, the Dallas area, and the Kansas City area. Travel costs of the visitations will be borne by the capital project which will be funded from greens fees and new property taxes generated by the residential development surrounding the facility. Motion -- carried Knight moved that the visitations be approved. Motion carried 7 to 0. ORDINANCES SECOND READING ORDINANCES. (First reading April 15, 1997) a. Groendyke Transport Tax Abatement. ORDINANCE NO. 43-473 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 Groendyke Transport, Inc., so exempted, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 2. Yeas: Cole, Ferris, Gale, Rogers, Knight. Nays: Kamen, Lambke. b. Aero-Mach Tax Abatement. ORDINANCE NO. 43-474 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 Aero-Mach Laboratories, Inc., so exempted, 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. c. Municipal Court Costs and Witness Fees. ORDINANCE NO. 43-475 An Ordinance amending Section 1.04.070 of the Code of the City of Wichita, Kansas, pertaining to costs and witness fees in cases before the Municipal Court Judge, and repealing the original of said section, 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. d. Regulating Possession/Consumption of Alcohol and Cereal Malt Beverages in Downtown Parks. ORDINANCE NO. 43-476 An Ordinance creating Section 4.04.035 of the Code of the City of Wichita, Kansas, pertaining to possession of open container of alcoholic liquor or cereal malt beverage in downtown parks prohibited, 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. e. Special Assessment - Unpaid Sewer/Water Service Charges. ORDINANCE NO. 43-477 An Ordinance making a Special Assessment to pay the cost of unpaid sewer service charges and/or water service charges in the City of Wichita, Kansas, 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. RECESS The City Council recessed at 12:15 p.m., went into Workshop session on the Proposal to the city of Wichita for the Allocation of Special Liquor Tax Funds, and returned to regular session at 12:35 p.m. (The Council reconsidered Item No. 18 and action is shown with the Item.) EXECUTIVE SESSION Motion -- Knight moved that the Council recess to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to pending litigation and legal advice, and the regular meeting be resumed no sooner than 1:40 p.m. in the City Council Chambers. Motion -- carried carried 7 to 0. RECESS Council recessed at 12:35 and reconvened in regular session at 1:40 p.m. Mayor Knight Mayor Knight announced that no binding action was taken in executive session. PROPERTY ACQUISITION - EATON HOTEL. Motion -- Cole moved that staff be authorized to bid at the foreclosure sale of properties in the Eaton Hotel block (Case No. 94 C 3325) in an amount which includes the City's lien against these properties, current taxes, the costs of the sale, and the expenditure of not to exceed $176,000 in addition to such lien, taxes, -- carried and costs. Motion carried 6 to 1. Knight - No. ADJOURNMENT The City Council meeting adjourned at 1:45 p.m. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 163 APRIL 22, 1997 Page 1