MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, August 1, 1995 Tuesday, 9:05 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cole, Gale, Kamen, Rogers; present. Council Members Cather, *Ferris; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Patricia L. Burnett, Deputy City Clerk; present. The invocation was given by Peter Osterline, Interim Pastor, St. John Episcopal Church. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. (Later in the meeting the Council considered approval of the Minutes. Council Member Ferris present for consideration.) Minutes -- The minutes of the regular meeting of July 25, 1995, were -- approved approved 4 to 0. Council Members Gale, Kamen; abstained. (Cather absent) AWARDS AND PRESENTATIONS OATH OF OFFICE The Oath of Office was administered to Municipal Court Judge Rich Shull by Judge Paul Buchanan. SERVICE CITATIONS Distinguished Service Citations were presented to those present. CPO CHARTER MEMBER CPO Charter Member recognition was had. *Council Member Ferris present. PROCLAMATIONS Proclamation was presented. PUBLIC AGENDA COMMENTS BY ROBERT S. ALLEN Robert Allen Robert Allen, representing the Brookside Methodist Church, said the Church provides medical services, free legal services, and has a clothing store which serves the Planeview area. In March, the church approached the City with an offer to buy the land north of the Church for development of a parking lot and to expand the medical clinic. Mr. Allen inquired as to what could be done to speed up the process. Council Member Kamen Council Member Kamen said the people residing in the vicinity should have an opportunity to make an offer for the property. The City Council needs to set policy with regards to property disposition. Chris Cherches City Manager said the Church has offered $5,000 for the property and there have been no other offers. The property has been declared surplus and is available for sale and/or lease. The neighbors will be notified. Mayor Knight Mayor Knight asked that this matter be expedited; the City do what is necessary to move forward; and the matter be brought back to the Council for approval as soon as possible. UNFINISHED BUSINESS STORM WATER UTILITY STORM WATER UTILITY RATES. Continued from July 25, 1995. Agenda Report No. 95-202 D. On July 11, 1995, the City Council approved specific reductions in the Storm Water Utility fee. The Council took actions to: (1) Eliminate the franchise fee (5% reduction). (2) Reduce Utility Fee by five (.05) cents by eliminating certain costs within the Water & Sewer Utility for postage, maintenance of billing equipment and associated data processing expenses. (3) Decrease the Storm Water utility funding which will result in a General Fund contribution of $1,558,467, or 1.06 mills. The actions by the City Council results in an overall Storm Water Utility fee reduction of $0.45, or from $1.66 ERU to $1.21 per ERU. The reductions were made as follows: (1) Franchise Fee Elimination - This reduction in Storm Water Utility fees amount to $0.08 per Equivalent Residential Unit (ERU). This reduction in the Storm Water Utility reduces revenues to the City's General Fund by $282,130. (2) Water and Sewer Utility Billing Charges - The Internal Auditor has documented the Water and Sewer Utility costs directly related to the Storm Water Utility billing operation. The decrease in the incremental costs provides for a reduction in Storm Water Utility fees of $0.05 per ERU. (3) Increasing the General Fund (City-at-large) Contribution - The additional expense to the General Fund ($1,043,967) will increase the City's General Fund allocation to the Storm Water Utility to $1,558,467. This allows for a decrease in Storm Water Utility fees of $0.32 per ERU. The reduction of charges for the Franchise fee will result in reduced revenues to the General fund (in l996) of $282,130. The change in General Fund contribution to the Storm Water Utility will result in a General Fund allocation of $1,558,467 annually. The reduction in charges paid to the Water and Sewer Dept. will result in reduced revenues in the Water and Sewer Funds of approx. $160,000 annually. The City Council has the legal authority to adjust the Storm Water Utility fees, and increase the General Fund support for the utility at its discretion. Elimination of the Franchise Fees and reduction in the billing fees paid to the Water and Sewer Dept. are within the legal authority of the City Council, provided the Water and Sewer Dept. is not required to absorb costs directly related to the Storm Water Utility. Council Member Kamen Council Member Kamen said approval of the Storm Water Utility fee as presented would restore fairness, reduce the amount paid by residential properties, business, and other properties, and still allow funding of all the original projects. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Council Member Cole Council Member Cole disagreed with the proposal and said it provides a million dollar subsidy to businesses. Council Member Ferris Council Member Ferris said businesses still pay an enormous amount of taxes. Now, the city streets are not exempted. Motion -- Kamen moved that the Storm Water Utility fee be approved and Staff be authorized -- carried to prepare the necessary Resolution. Motion carried 4 to 2. Cole, Rogers - No. (Cather absent) NEW BUSINESS PAVING PETITION PETITION TO PAVE BAEHR FROM FIRST TO SECOND STREET. (District IV) Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 95-606. Signatures on the petition represent 54% (11 of 20 owners) of the improvement district. On July 13, 1995, CPO Council 4 voted 6-0 to recommend approval of the project. The neighborhood around Baehr consists of modest, single-family homes. The existing sand street is difficult to maintain, nearly impassable in wet weather, and creates a dusty environment during periods of dry weather. The estimated project cost is $84,000 with the total assessed to the improvement district. The method of assessment is the square foot basis. The rate of assessment to individual properties is $00.40 per square foot. State Statutes provide that the petition is valid if signed by a majority of property owners or by owners of a majority of the property in the improvement district. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. The City Engineer, responding to a question, explained that the new hardship deferral policy change would be in effect for this project. Motion -- Gale moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 6 to 0. (Cather absent) RESOLUTION NO. R-95-356 Resolution of findings of advisability and Resolution authorizing improving of Baehr Street from the north line of First Street to the south line of Second Street, Project No. 472-82616, in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Gale moved that the Resolution be adopted. Motion carried 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. PAVING PETITION PETITION TO PAVE ST. CLAIR FROM DORA TO ORIENT. (District IV) Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 95-607. Signatures on the petition represent 54% (6 of 13 owners) of the improvement district area. On July 13, 1995, CPO Council 5 voted 7-0 to recommend approval of the petition. St. Clair is a sand street that serves an area of single-family homes. It is difficult to maintain and drains poorly. The estimated project cost is $80,000 with $70,500 assessed to the improvement district and $9,500 paid by the City. The estimated rate of assessment to individual properties is $00.52 per square foot of ownership. The City share is for the cost of intersection construction. State Statutes provide that the petition is valid if signed by a majority of property owners or by owners of a majority of the property in the improvement district. Council Member Ferris momentarily absent. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Council Member Gale Council Member Gale said the CPO had expressed some concerns regarding drainage but that the South Meridian drainage project should help the drainage problems. Motion -- Gale moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 6 to 0. (Cather absent) RESOLUTION NO. R-95-357 Resolution of findings of advisability and Resolution authorizing improving of St. Clair from Dora to Orient, Project No. 472-82615, in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. 47TH IMPROVEMENTS IMPROVEMENTS TO 47TH STREET SOUTH FROM SENECA TO BROADWAY. (District IV) Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 95-608. The City's Capital Improvement Program includes funds to reconstruct and widen 47th Street South, from Seneca to Broadway (MS-454, page 46). This matter is being brought to the City Council to approve the project, authorize the expenditure of City funds and approve an agreement between the City and the Kansas Department of Transportation (KDOT). On July 13, 1995, CPO Council 4 voted 7-0 to recommend approval of the project. The existing roadway is an old, 2-lane, county- type street that does not have sufficient capacity to meet peak traffic demand. The proposed improvement will provide four lanes of through traffic. Sidewalks will be installed along both sides of the street and the right-of-way will be landscaped. Plans are to let the project and begin paving in early 1996. The estimated project cost for the improvement is $2,185,000 with $1,635,000 paid by federal funds administered by KDOT and $550,000 paid by the City. The funding source for the City's share is General Obligation Bonds. 47th Street will remain open to two-way construction. Council Member Kamen Council Member Kamen asked that the City Engineer discuss this matter with the School District to see whether anything can be done to eliminate any bus routes. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Gale moved that the project and Agreement be approved and the Mayor be authorized to sign the Agreement; and the Ordinance be placed on first reading. Motion -- carried carried 6 to 0. (Cather absent) ORDINANCE An Ordinance declaring 47th Street South, from Seneca to Broadway (472-82604) 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. 31ST SOUTH IMPROVEMENT IMPROVEMENT OF 31ST STREET SOUTH FROM SOUTHEAST BOULEVARD TO THE KANSAS TURNPIKE. Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 95-609. The City's Capital Improvement Program includes a project to reconstruct and widen 31st Street South, from Southeast Boulevard to the Kansas Turnpike (MS-478, page 45). This matter is being brought to the City Council to approve the project, authorize the expenditure of City funds, approve an agreement between the City and the Kansas Department of Transportation (KDOT), and approve an agreement with the Santa Fe Railway Company for use of its property. On July 13, 1995, CPO Council 3 voted 8-0 to recommend approval of the project. The existing roadway is an old, two-lane, county-type street that does not have sufficient capacity to meet peak traffic demand. The proposed improvement will provide four lanes of through traffic. Sidewalks will be installed along both sides of the street and the right-of-way will be landscaped. Vehicular access to the Boeing industrial complex will be greatly improved. Plans are to let the project and begin paving in early 1996. The estimated project cost for the improvement is $2,400,000 with $1,800,000 paid by federal funds administered by KDOT and $600,000 paid by the City. The funding source for the City's share is General Obligation Bonds. 31st Street South will not be closed to through traffic during construction but will be limited to one-way travel much of the time. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Council Member Gale Council Member Gale said the CPO had expressed concern regarding cost of the brick crosswalks. Chris Cherches City Manager said the brick pavers would reduce the cost of annual painting of crosswalks. Motion -- Knight moved that the project and agreements be approved and the Mayor be authorized to sign the Agreements; and the Ordinance be placed on first reading. -- carried Motion carried 6 to 0. (Cather absent) ORDINANCE An Ordinance declaring 31st Street South, from Southeast Boulevard to the Kansas Turnpike (472-82614) 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. BUDGET 1996 AND REVISED 1995 BUDGET. Chris Cherches City Manager reviewed the Item. (a) 1996 Annual Operating Budget and Amendments to 1995 Budget. Agenda Report No. 95-610. The City Council is conducting workshops on the proposed 1996 budget, and is receiving public comment at the weekly Council meetings. The City Council and County Commission have received the joint budgets for Metropolitan Area Planning, Flood Control, and Community Health. The proposed 1996 annual operating budget is $299,283,210 (including appropriated balances and certain trust funds, as required by law). The budget would necessitate a mill levy of 31.3 mills, no change from the levy requirement for the 1995 adopted budget. To provide for no overall City property tax levy increase, the General Fund levy is reduced by .6 mills offsetting a .6 mill increase in the Debt Service Fund. A General Fund tax levy increase of 2.5 mills was authorized for the 1993 budget, to support public safety enhancements. This was to be temporarily offset by a reduction in the Debt Service Fund tax levy, which was to be restored on a phased basis. With the 1996 budget, restoration to the Debt Service Fund will be completed. The General Fund levy is estimated to be 21.3 mills (including delinquency). The tax levy for the Debt Service Fund is estimated to be 10.0 mills (including delinquency). The dollar amounts, after they are set in the published notice of hearings on the proposed budget, cannot be exceeded, although the Council may choose to reduce them. Formal hearing and adoption are scheduled for August 15. If subsequent actions result in an increase to the budget, a process of republication, hearings and certification will be required. In addition to action on the 1996 proposed budget, it is requested that action be taken to amend the 1995 adopted budget as follows: 1. The Tourism and Convention Fund is being amended $200,380 to increase expenditure authority to provide for Miss Teen USA expenses and to increase the allocation to the Convention and Visitors Bureau for promotional activities (approved by Council after adoption of the 1995 budget). 2. The Property Management Operations Fund is being amended $308,050 to increase expenditure authority for acquisition and disposal costs of properties, commensurate with fund revenues. 3. The State Office Building Fund is being amended to provide an additional $35,250 in expenditure authority, for pending expenditures commensurate with revenues. 4. The Sewer Utility Fund is being amended to add $481,690, primarily to increase expenditure authority to provide for needed expenditure authority for the Biosolids Treatment and Management Plan. Publication of the notice of formal hearing will set the maximum dollars that may be expended in each fund. The City Council may reduce expenditures required (and proposed tax dollars to be levied) but may not increase them. As required by law, the proposed budget will be published with appropriated balances. State statutes require formal public hearings prior to approval of the annual operating budget and for budget amendments of published funds. The 1996 Budget must be adopted by the City Council on August 15, and will be filed with the County Clerk by the statutorial date of August 25. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Ron Huggins Ron Huggins, College Hill resident, 302 South Rutan, spoke in opposition to closing College Hill and other park swimming pools. At a time when neighborhoods need to provide a safe alternative for children, the pools need to be retained. Mr. Huggins said he did not agree with the staff assessment of the pools. The roof, plumbing, and motors may need repair or replacement. Cosmetic repairs are needed. Mr. Huggins also said busing children to the Edgemoor pool would not work. Chris Cherches City Manager explained that the College Hill pool was not proposed for closure until 1997. The pool needs to be brought up to health and sanitation codes. Council Member Kamen Council Member Kamen said there might be a possibility that neighborhood associations could contract out operation and maintenance of the pool. Council Member Ferris Council Member Ferris asked for a breakdown, by item, of capital cost to keep the pools open. Council Member Rogers momentarily absent. Karl Peterjohn Karl Peterjohn spoke regarding property on the delinquent Sedgwick County tax rolls, property the City owns which might be placed back on the tax rolls, and cash reserves. Regarding public safety, Mr. Peterjohn said the key is not the number of police officers the City has but, rather, the feeling of being safe. There is also frustration with the criminal justice system which will not be changed by the addition of police officers. With regard to Century II and Expo Hall staff, there are 19 people listed with seven of those persons being directors or supervisors. Council Member Kamen Council Member Kamen requested that staff send job descriptions of Century II and Expo Hall staff to Council Member Kamen and Mr. Peterjohn. Chris Cherches City Manager, responding to a question, said some of the property on the Sedgwick County Delinquent tax rolls, which is identified as City of Wichita property, is property in transit or IRB property; and that it sometimes takes years to get the property off the list. A majority of the properties are in dispute for various reasons. A strategy is being developed for disposal of remnant lands. Council Member Kamen Council Member Kamen suggested auctioning some of the land. Thomasina Gonzales Thomasina Gonzales expressed concern with regard to staff cuts for parks and recreation. As income decreases, parks are utilized more. Park programs are needed to give the less fortunate something to do. Activities need to be retained at Woodland and Evergreen Parks. Mayor Knight momentarily absent with Vice Mayor Kamen in the Chair. Council Member Cole Council Member Cole said Woodland Park has 50 to 100 teen-agers and young men playing basketball - the Park is filled with positive activity. There are no restroom facilities for evening activities and the basketball court is in terrible condition. The Park needs long-range attention. Thomasina Gonzales Thomasina Gonzales said the Woodland Park Center hours are from 8 a.m. to 5 p.m. and the Center is not generally open during evening hours or on the weekends. The budget does not include resources to take care of extra items. There are restrooms but the restrooms are not open evenings and weekends. Tommy Binford Tommy Binford, Member of the Human Resources Board, regarding the closing of recreational centers, said the centers are relied on by social workers. There is concern for all recreational centers with the most concern being for McAdams Park. Mr. Binford asked that the Council give careful consideration before closing any recreational centers. Council Member Kamen Council Member Kamen, regarding the 5 percent cut to animal control, said the program generates approximately $473,000 and costs about $900,000. A field operation reduction of 5 percent would eliminate one position. The shelter budget 5 percent reduction would eliminate one-half of a position. Council Member Kamen asked Staff to look into raising the revenue rather than cutting the budget by 5 percent. Council Member Rogers momentarily absent. Council Member Ferris Council Member Ferris, regarding the swimming pools, asked for workshop answers to the following questions: 1) What are the proposed capital expenditures that need to be made to keep the pools open? 2) What are the "must do" and what are "cosmetic?" 3) What is currently be charged for swimming pool use (increasing fees might be alternative to closing)? 4) In budget book there are 161 positions in 1994-1996 under swimming pools. The proposal is to close two pools so why are there 161 positions remaining? (The Council moved to the time certain Items and then returned to the Budget Items. Action is shown in Agenda Order.) Motion -- Ferris moved that a mill levy that is no greater than the 1995 mill levy be approved and that any cuts necessary can be made in the future. Motion carried -- carried 6 to 0. (Cather absent) Motion -- Ferris moved that the comments be received; the public hearing be set for August 15, 1995; publication of the notice of hearings on the 1996 proposed budget and the 1995 revised budgets be approved; that a mill levy that is no greater than the 1995 mill levy be approved and that any cuts necessary can be made in the future; and the budget ordinance be placed on first reading. Motion carried -- carried 6 to 0. (Cather absent) ORDINANCE An Ordinance making and fixing the general tax levy for the city of Wichita, Kansas, for the year beginning January 1, 1996, and ending December 31, 1996, and relating thereto, introduced and under the rules laid over. Mayor Knight Mayor Knight, with regard to financing a significant component of the 1996 Budget as it relates to public safety, stated that the City has a significant surplus in cash reserves. For the rest of 1995 (additions being proposed), 1996, and even 1997, "I support the full complement of proposals from the Committee that has just presented their findings to the Council and the community." The pressing challenge and the one to be resolved before any other public safety/law enforcement. "I would feel comfortable in using our reserves in a judicious, prudent way. Instead of having them at 19 or 20 percent, I have no problem with the 5 to 8 percent and using those reserves to finance the additions of '95, '96, and '97." "I think we need to get police officers on the street as soon as possible and if that, Mr. Manager, can be initiated in 1995, that would receive my support." Council Member Ferris Council Member Ferris said that however the strategy on the Task Force recommendations is implemented, 1996 action would have to be taken from reserves. Council Member Kamen Council Member Kamen said he is interested in 1) the animal control item, 2) some changes to the false alarm ordinance, and 3) Municipal Court reform. (b) 1996 Proposed Budget - Tax Increment Financing District I (Gilbert and Mosley). Agenda Report No. 95-611. The Tax Increment Financing District #1 was established in August, 1991, to fund the clean-up of ground water contamination in the Gilbert/Mosley district. Clean-up expenditures not attributable, nor billable, to potentially responsible parties are covered by the tax increment. The City has entered in a legal agreement with 1 responsible party, and 39 potentially responsible parties have been identified. The 1996 proposed budget includes total expenditures of $5,731,240 for capital outlay, operational costs, debt service payments and administrative costs. Contributions from potentially responsible parties are budgeted at $3,644,607, and bond proceeds, at $156,500. The tax district increment is estimated at $472,000. Other sources are from interest earnings ($93,212) and fund balance ($1,364,921). The 1996 estimates are based on updated projections provided by Camp Dresser and McKee, the consulting engineers for the project. Due to delays resulting from ongoing negotiations with the Kansas Department of Health and Environment regarding the findings in the Remediation Investigation and Feasibility Study (RI/FS), the actual clean up activities are now scheduled to begin in earnest in 1996. The proposed budget cannot be increased but the amount can be decreased by City Council action. Public hearing is required by state law. The public hearing is scheduled for August 15th. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that the public hearing be set for August 15, 1995, the notice be authorized; and the ordinance for the Tax Increment Financing District be placed -- carried on first reading. Motion carried 6 to 0. (Cather absent) ORDINANCE An Ordinance making and filing an increment in ad valorem taxes for the Gilbert and Mosley site redevelopment district, city of Wichita, Kansas for the fiscal year beginning January 1, 1996 and ending December 31, 1996, introduced and under the rules laid over. CONDEMNATION HEARINGS CONDEMNATION HEARINGS. Agenda Report No. 95-520. On June 20, 1995, a report was submitted with respect to the dangerous and unsafe conditions of the buildings located on properties. The Council adopted resolutions providing for public hearings to be held on each of these condemnation actions at 11:00 a.m. on August 1, 1995. On June 5, 1995 the Board of Code Standards and Appeals (BCSA) held a hearing on the following properties: Property Address Council District (1) 1427 N. Grove 1 (2) 1754 N. Ash 1 (3) 2403 N. Shelton 6 (4) 427 E. Lewis 6 Pursuant to State Statute the Resolutions were duly published twice, on June 21, 1995 and June 28, 1995. A copy of each resolution was sent by certified mail or given personal service delivery to the owners and lien holders of record of each described property. Motion -- Knight moved that, on Items 1 and 4, the public hearings be closed, the resolutions declaring the buildings dangerous and unsafe structures be adopted, and the BCSA recommended time frame to alleviate the code violations be accepted. Any extensions of time granted to repair the structures would be conditioned on the following: (1) All taxes have been paid to date, as of August 1, 1995; (2) the structure(s) has/have been secured as of August 1, 1995 and will continue to be kept secured, and (3) the premises are mowed and free of debris as of August 1, 1995 and will be so maintained during renovation. If any of the above conditions are not met, the Office of Central Inspection will proceed with demolition action and also instruct the City Clerk to have the resolutions published once in the official city paper and advise the owners of these -- carried findings. Motion carried 6 to 0. (Cather absent) RESOLUTION NO. R-95-358 A Resolution finding that the structure located on Lots 163 and 165, on Tyler Avenue now Grove Street, Logan Addition to Wichita, Sedgwick County, Kansas, commonly known as 1427 North Grove, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-95-359 A Resolution finding that the structure located on the east one-half of the north 131 feet of Clark's Reserve, N.A. English's Fifth Addition to Wichita, Sedgwick County, Kansas, commonly known as 427 East Lewis, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. 2) 1754 North Ash. Council Member Rogers Council Member Rogers said an answer had not been received to the Council Office inquiry in this matter. Motion -- Rogers moved that the public hearing be closed, the resolution declaring the building(s) dangerous and unsafe structures be adopted, the 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 these findings. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Kurt Schroeder Superintendent of Central Inspection reviewed the Item. Walter Young Walter Young, property owner, said he has been working on the property but is living on a fixed income and it is hard to put effort into this all at one time. Mr. Young said he had started on the inside work first. The roof looks tacky but it does not leak. Marie Winesberry Marie Winesberry, neighborhood resident, said there is loud music, fighting, drinking, drugs, and heavy traffic at this residence. Mr. Winesberry Mr. Winesberry said there cars parked along side the house - even now. Mr. Young could get donated paint and repair items, borrow a hammer, and complete the repairs. Subst. Motion -- Kamen moved a substitute motion that the public hearing be closed, the resolution declaring the building(s) dangerous and unsafe structures be adopted, the property is to be secured and cleaned by Monday, August 7, 1995, and 30 days be granted to complete exterior repairs to alleviate the findings be approved and any extensions of time granted to repair the structures would be conditioned on the following: any back taxes now due are to be paid and the 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 -- carried and advise the owners of these findings. Substitute motion carried 6 to 0. (Cather absent) RESOLUTION NO. R-95-360 A Resolution finding that the structure located on Lots 2 and 4, Strong now Ash Street, Logan Addition to Wichita, Sedgwick County, Kansas, commonly known as 1754 North Ash, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. 3) 2403 North Shelton. Kurt Schroeder Superintendent of Central Inspection reviewed the Item. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the public hearing be closed, the resolution declaring the building(s) dangerous and unsafe structures be adopted, that the taxes be paid immediately and 30 days be given to complete exterior repairs 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 these findings. Motion carried -- carried 6 to 0. (Cather absent) RESOLUTION NO. R-95-361 A Resolution finding that the structure located on the south 11 feet of Lot 46 and all of Lot 48 in Block 6, Mascot Addition to Wichita, Sedgwick County, Kansas, commonly known as 2403 North Shelton, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. GO NOTE AND BOND SALE GENERAL OBLIGATION TEMPORARY NOTE SALE (SERIES 186) AND GENERAL OBLIGATION BOND SALE (SERIES 739 AND 740). Allen Bell Financial Projects Director reviewed the Item and bids. Agenda Report No. 95-612. The City is offering for sale one series of General Obligation Temporary Notes totaling $49,600,000 and two series of general obligation bonds totaling $31,870,000, for the purpose of providing temporary and permanent financing for duly authorized capital improvement projects of the City. Sealed bids for the aforementioned Bonds and Notes will be received by the City at the City Council Office until 10:30 a.m. on August 1, 1995, at which time all proposals will be publicly opened and considered for the purchase of the above-captioned Bonds and Notes. The proceeds of the Series 186 Temporary Notes will be used to finance various City-at-large and improvement district projects. The proceeds of the Series 739 Bonds will be used to permanently finance various neighborhood improvements located in special improvement districts. The proceeds of the Series 740 Bonds will be used to permanently finance various City-at-large capital improvement projects. The sealed bids will be accepted until 10:30 a.m. CST at the City Council Office, at which time the bids will be opened and read publicly by the Director of Finance or his designee. No bids will be accepted after the 10:30 a.m. deadline. The bids will be verified immediately upon being read by Finance Department staff, then tabulated and presented to the City Council at 11:30 a.m. By law, the City must award the sale of the bonds and notes to the bidder whose proposed interest rates result in the lowest net interest cost to the City. The Series 186 Temporary Notes will mature on February 29, 1996 and will be retired with the proceeds of permanent financing bonds and the proceeds of renewal notes, issued at that time. The Series 739 Bonds will mature serially over fifteen years and will be paid from special assessments that have already been levied against benefited property. The Series 740 Bonds will mature over ten years and will be paid from the citywide mill levy for debt service and the revenues accruing to various City enterprise funds. The Series 738 and 740 Bonds will be callable in 2002 and 2000, respectively, with a 1% call premium, in accordance with the City's debt management policy. The lowest net interest cost bids were as follows: General Obligation Renewal and Improvement Temporary Notes - Series 186 ($49,600,000) Oppenheimer - 3.692% Net Average Interest Rate Total Interest Cost to Maturity $980,977.78 Less Premium 75,395.00 Net Interest Cost to Maturity $905,582.78 General Obligation Bonds - S.A. - Series 739 ($10,985,000) George K. Baum - 5.2223% Net Average Interest Rate Total Interest Cost to Maturity $5,205,115.63 Less Premium -- Net Interest Cost to Maturity $5,205,115.63 General Obligation Bonds - Series 740 ($20,885,000) Harris Trust & Savings - 4.7545% Net Average Interest Rate Total Interest Cost to Maturity $5,795,228.33 Less Premium 365.00 Net Interest Cost to Maturity $5,794,863.33 Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that the sale of the Bonds and Temporary Notes be awarded as recommended; the Declarations of Emergency be approved and the Mayor be authorized to sign; the Ordinances be placed on passage and adopted on the date of introduction, all in accordance with K.S.A. 12-3001; and the ordinance establishing a master undertaking to provide ongoing disclosure be placed on -- carried first reading. Motion carried 6 to 0. (Cather absent) ORDINANCE NO. 42-820 An Ordinance authorizing and providing for the issuance of General Obligation Renewal and Improvement Temporary Notes, Series 186, of the City of Wichita, Kansas, in the total principal amount of $49,600,000, for the purpose of providing the necessary funds to renew a portion of the principal amount of temporary notes previously issued for the interim financing of costs in connection with previously commenced capital improvements in the City, and for the interim financing of costs in connection with newly commenced capital improvements in the City; prescribing the terms and details of the notes; providing for the payment of the principal of and the interest on the notes; and making certain other covenants and agreements with respect thereto. Ferris moved that the Ordinance be placed on its passage and adopted on the date of its introduction, all in accordance with K.S.A. 12-3001. Motion carried 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. ORDINANCE NO. 42-821 An Ordinance authorizing and providing for the issuance of General Obligation Bonds, Series 739, of the City of Wichita, Kansas, in the total principal amount of $10,985,000, for the purpose of providing the necessary funds to pay costs in connection with the making of capital improvements in the City; prescribing the terms and details of the bonds; providing for the levy and collection of an annual tax for the purpose of providing for the payment of the principal of and the interest on the bonds as it becomes due and payable; and making certain other covenants and agreements with respect to the bonds. Ferris moved that the Ordinance be placed on its passage and adopted on the date of its introduction, all in accordance with K.S.A. 12-3001. Motion carried 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. ORDINANCE NO. 42-822 An Ordinance authorizing and providing for the issuance of General Obligation Bonds, Series 740, of the City of Wichita, Kansas, in the total principal amount of $20,885,000, for the purpose of providing the necessary funds to pay costs in connection with the making of capital improvements in the City; prescribing the terms and details of the bonds; providing for the levy and collection of an annual tax for the purpose of providing for the payment of the principal of and the interest on the bonds as it becomes due and payable; and making certain other covenants and agreements with respect to the bonds. Ferris moved that the Ordinance be placed on its passage and adopted on the date of its introduction, all in accordance with K.S.A. 12-3001. Motion carried 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. ORDINANCE An Ordinance creating Section 2.05.020 of the code of the City of Wichita, Kansas, establishing a master undertaking to provide ongoing disclosure in connection with general obligation temporary notes issued by the City of Wichita, Kansas, for distribution in public offerings, introduced and under the rules laid over. (The Council returned to the Budget Item and action is shown with the Item.) SCULPTURE ACCEPTANCE ACCEPTANCE OF BRONZE SCULPTURE. Chris Cherches City Manager reviewed the item. Agenda Report No. 95-613. Helen Jabara Galloway and Fran Jabara, in honor of their parents, wish to donate a 6 foot bronze sculpture of an Eagle (valued in excess of $27,500) to the City. The Public Art Advisory Board reviewed the matter and voted at the June 15, 1995, meeting to recommend acceptance of the sculpture and a suggested site for placement. The suggested site for placement is south of Century II on the west side of the Public Library. The piece would be set in a retaining wall, consisting of limestone boulders with one stone having a face for a bronze plaque. A walkway to the existing walkway would be added with a backdrop of pine trees. The Board plans to seek further acquisitions of public art to develop a sculpture garden at this location. The cost of installation will be paid from funds allocated for public art through the Capital Improvement Program budget. Mayor Knight Mayor Knight asked that a letter of appreciation be sent to Helen Jabara Galloway and Fran Jabara. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the donation be accepted and the installation costs be -- carried approved. Motion carried 6 to 0. (Cather absent) CITY COUNCIL AGENDA TRAVEL AUTHORIZATION APPROVAL OF CITY COUNCIL TRAVEL TO PHOENIX, ARIZONA, NOVEMBER 29 - DECEMBER 3, 1995, TO ATTEND NATIONAL LEAGUE OF CITIES 72ND ANNUAL CONGRESS OF CITIES. Motion -- Ferris moved that the entire City Council be selected as delegates and the travel -- carried expense be authorized. Motion carried 6 to 0. (Cather absent) APPOINTMENTS APPOINTMENTS TO CITY BOARDS AND COMMISSIONS. Board of Appeals of Air Conditioning, Refrigeration, Warm Air Heating and Boilers (9 vacancies - Council at large) Board of Appeals of Plumbers and Gas Fitters (5 vacancies - Council at large) Board of Code Standards and Appeals (5 vacancies - Cather, Cole, Gale, 2-City Manager) Board of Electrical Appeals (5 vacancies - Council at large) Board of Park Commissioners (1 vacancy - Kamen) Board of Zoning Appeals (1 vacancy - Cole) Civil Rights and Services Board (1 vacancy - Cole) Commission on the Status of People with Disabilities (6 vacancies - Cole, Kamen, Ferris, Gale, 2-Rogers) Group Life Insurance Board of Trustees (1 vacancy - Council at large) Human Services Board (2 vacancies - Council at large) Metropolitan Area Planning Commission (1 vacancy - Rogers) Public Art Advisory Board (1 vacancy - Council at large) Traffic Commission (2 vacancies - Ferris, Gale) Wichita Athletic Commission (2 vacancies - Council at large) Wichita Commission on the Status of Women (2 vacancies - Knight, Kamen) Wichita Public Building Commission (3 vacancies - Gale, Kamen, Knight) Wichita-Sedgwick County Alcohol and Drug Abuse Advisory Board (2 vacancies - Council at large) Wichita Sedgwick County Solid Waste Management Committee (1 vacancy - City/County Chair - Knight) Appointments will be for terms expiring June 30, 1997. Motion -- Rogers appointed Delbert Richardson - Board of Codes Standards and Appeals; and Barbara Jackson - Human Services Board; and moved that the appointments be -- carried approved. Motion carried 6 to 0. (Cather absent) Motion -- Cole appointed Robert McFadden - Board of Electrical Appeals; and Cheryl Hand - Human Services Board; and moved that the appointments be approved. Motion -- carried carried 6 to 0. (Cather absent) Motion -- Knight appointed Phil Smith - Board of Electrical Appeals and moved that the -- carried appointment be approved. Motion carried 6 to 0. (Cather absent) PROCLAMATION PROCLAMATION. -- Sweet Adeline Week Motion -- carried Ferris moved that the proclamation be authorized. Motion carried 6 to 0. (Cather absent) CONSENT AGENDA Knight moved that the Consent Agenda, except Items 14, 26, and 27, be approved in accordance with the recommended action shown thereon. Motion carried 6 to 0. (Cather absent) (Item No. 14) BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED JULY 24, 1995. Council Member Ferris Council Member Ferris, referring to bids received on an item on which bids were rejected by the Board of Bids (Decel lane on the north side of 21st North and 21st Street left turn lane - Sterling Farms Addition), asked why a bid that is almost $4,000 under the engineer's construction estimate is being rejected. Motion -- Ferris moved that this Item be deferred until after the executive session. -- carried Motion carried 6 to 0. (Cather absent) Steve Lackey Director of Public Works explained that there were two projects bid but the projects were separately petitioned. One project was under bid and the other was over bid so the aggregate bid could not be accepted. At 10:00 a.m., Friday, July 21, 1995, pursuant to advertisements published, bids were received, publicly opened, read aloud and tabulated for the Board of Bids and Contracts: (Ref: Bid analysis report attached to Board of Bids Minutes 7/24/95) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Water Distribution System to serve Lots 20 and 21, Fairlawn Acres Addition (south of Kellogg, east of Tyler). (448-88928/732776/470355) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 06-27-95) (District V) Hopper - $11,636.00 Water Distribution System to serve Prairie Woods Addition (north of Pawnee, east of Maize). (448- 88905/732669/470344) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 03-21-95) (District V) Mies Construction Co., Inc. - $50,000.00 Lateral 349, Southwest Interceptor Sewer to serve Buckhead Addition (north of Central, west of 119th Street West). (468-82477/742361/Famis # not available/) Does not affect existing traffic. (Council approval date 07-11-95) (District V) Mies Construction Co., Inc. - $134,411.00 Ferris moved that the contract be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign the contract for the City. Motion carried 6 to 0. (Cather absent) PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS DIVISION: SKID-STEER LOADERS AS PER SPECIFICATIONS White Star Machinery & Supply - Option #1 - $32,584.12 (Total Net Bid) WATER & SEWER DEPARTMENT/SEWAGE TREATMENT DIVISION: TRACTORS AS PER SPECIFICATIONS Jantz Implement, Inc. - $43,300.00 (Alternate Bid) PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS DIVISION: BARRICADES AS PER SPECIFICATIONS Flasher Co., Inc. - Item 1 - $ 73.85 per each - Item 2 - $103.50 per each - Item 3 - $ 9.12 per each WATER & SEWER DEPARTMENT/FILTER PLANT DIVISION: LIQUID FERRIC SULFATE AS PER SPECIFICATIONS Fe3, Inc./Fini Enterprises, Inc. - $.0566 per pound WATER & SEWER DEPARTMENT/BIOSOLIDS MANAGEMENT FACILITIES: CONTRACT - 2 AS PER SPECIFICATIONS BRB Contractors - $17,651,000.00 (Base Bid) $ 348,000.00 (Bid Alternate) Ferris moved that the contracts be awarded as outlined above, same being the lowest and best bid. Motion carried 6 to 0. (Cather absent) LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1995 (Consumption off Premises) John K. Boyd Phillips 66 4821 S. Broadway John K. Boyd Phillips 66 1250 S. Rock John K. Boyd Phillips 66 1350 N. Oliver Stephen C. Smith Kwik Shop #722 3959 S. Hydraulic Stephen C. Smith Kwik Shop #728 1955 S. Washington Stephen C. Smith Kwik Shop #731 710 W. 29th North Stephen C. Smith Kwik Shop #748 2809 E. Douglas Stephen C. Smith Kwik Shop #760 1335 N. Tyler Rd. Stephen C. Smith Kwik Shop #771 3940 W. 13th Stephen C. Smith Kwik Shop #772 2750 S. Oliver St. Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 6 to 0. (Cather absent) PLANS AND SPECS. PLANS AND SPECIFICATIONS. a. Decel Lane along the north side of 21st Street North to serve Lots 4, 5, & 6, Block 6 including major entrance to Lot 4, Sterling Farms Addition (north on 21st Street, west of Tyler). (472-81891/762583/490361) Traffic to be maintained through construction. (Council approval date 06-27- 95) (District V) b. 21st Street Left Turn Lane from the west line of Lot 1 to the west line of Lot 5, Block 6 to serve Sterling Farms Addition (on 21st Street North, west of Tyler). (472-81892/762591/490362) Traffic to be maintained through construction. (Council approval date 02-14-89) (District V) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., August 4, 1995. Motion carried 6 to 0. (Cather absent) c. Lateral 128, Main 4, Sanitary Sewer #23 to serve Northcutt Trailer and Equipment Sales, Inc. (south of 37th Street North, west of Broadway). (468-82433/742189/480310) Traffic to be maintained through construction. (Council approval date 12-20-94) (District VI) d. Lateral 33, Main 12, Southwest Interceptor Sewer to serve Sunridge Second Addition (east of 119th Street West, south of 21st). (468-82158/742353/480327) Does not affect existing traffic. (Council approval date 03-17-92) (District V) e. Lateral 126, War Industries Sewer to serve Christ Community Church Addition (east of Webb, north of Pawnee). (468-82423/742338/480325) Does not affect existing traffic. (Council approval date 01-24-95) (District II) f. Water Distribution System to serve Lake Ridge Second Addition (north of 21st, east of Ridge). (448- 88729/732768/470354) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 10-19-93) (District V) g. 12" Water Supply Line along 119th Street West from Texas to approximately 382 feet north of Texas (along 119th between Texas and Douglas). (448-88920/633065/544371) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 07-18-95) (District V) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., August 11, 1995. Motion carried 6 to 0. (Cather absent) PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. Water Distribution System to serve Lots 20 and 21, Fairlawn Acres Addition (south of Kellogg, east of Tyler) - $27,000.00. (448-88928/732776/470355) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 06-27-95) (District V) b. Water Distribution System to serve Prairie Woods Addition (north of Pawnee, east of Maize) - $93,104.33. (448-88905/732669/470344) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 03-21-95) (District V) c. and d. deleted e. deleted f. Lateral 349, Southwest Interceptor Sewer to serve Buckhead Addition (north of Central, west of 119th Street West) - $240,000.00. (468-82477/Index Code/Famis # not available/) Does not affect existing traffic. (Council approval date 07-11-95) (District V) g. deleted h. 21st Street Left Turn Lane from the west line of Lot 1 to the west line of Lot 5, Block 6 to serve Sterling Farms Addition (on 21st Street North, west of Tyler) - $55,130.00. (472-81892/762591/490362) Traffic to be maintained through construction. (Council approval date 02-14-89) (District V) Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 6 to 0. (Cather absent) STATEMENTS OF COST STATEMENTS OF COST (CHESNEY). a. Lateral 348, Southwest Interceptor Sewer to serve part of Stoneborough Addition. Financing to be issued at this time - $48,909.00. 468-82466/742239/480315 b. Water Distribution System to serve Barefoot Bay Addition. Financing to be issued at this time - $87,922.00. (448-88843/732362/470314) c. Water Distribution System to serve Barefoot Bay Addition. Financing to be issued at this time - $95,021.00. (448-88842/732354/470313) d. Water Distribution System to serve Meadow Creek Addition. Financing to be issued at this time - $27,880.00. (448-88889/732560/470334) e. Water Distribution System to serve Harbor Isle Addition. Financing to be issued at this time - $53,098.00. (448-88852/732388/470316) f. Water Supply Line to serve Westside Assembly Chapel Addition. Financing to be issued at this time - $20,873.00. (448-88885/732552/470333) g. Water Distribution System for Crestview Country Club Estates to serve Overbrook Second Addition. Financing to be issued at this time - $27,398.00. (448- 88879/732529/470) Motion -- Knight moved that the Statements of Cost be received and filed and the City Clerk be instructed to prepare the proposed assessment rolls. Motion carried -- carried 6 to 0. (Cather absent) BOARDS MINUTES MINUTES OF ADVISORY BOARDS. Board of Appeals of Plumber & Gas Fitters, 7/24/95 Board of Park Commissioners, 7/10/95 CPO Northeast Council 1, 7/10/95 CPO Southeast Council 3, 7/13/95 CPO Southwest Council 4, 7/13/95 CPO Northwest Council 5, 7/12/95 CPO North Central Council 6, 7/12/95 Wichita Art Museum Board, 6/22/95 Wichita Metropolitan Transit Authority, 6/22/95 Wichita Public Library, 7/18/95 Wichita/Sedgwick County Board of Health, 7/13/95 Wichita/Sedgwick County Metropolitan Area Planning Commission Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 6 to 0. (Cather absent) STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. There were no street closures/uses considered. CLAIMS ALLOWED REPORT REPORT ON CLAIMS ALLOWED - JUNE 1995 Name of Claimant Amount Phil Purinton $1,000.00 Scott A. Mull 685.13 John L. Carpenter 651.29 Cindy King 100.00 Jayme Lathrop 752.11 Elaine Aronis 1,388.04 Ofelia G. Munoz 344.18 Julie A. Menne-Strobel 646.60 Motion -- carried Knight moved that the Report be received and filed. Motion carried 6 to 0. (Cather absent) NEIGHBORHOOD DRAINAGE 1995 STORM WATER UTILITY NEIGHBORHOOD DRAINAGE PROJECTS. Agenda Report No. 95-614. The Storm Water Utility provides funding in the Capital Improvement Program for major drainage projects. In addition, a special "Hot Spot" program to address smaller neighborhood drainage concerns was implemented through the Storm Water Utility as approved by the City Council on February 23, 1993. On October 19, 1993, Council approved a list of locations recommended for neighborhood drainage improvements which was prioritized by severity of drainage problems and/or the impact on public safety or travel in the area. Design plans for those locations were completed in 1994, and several of the projects have begun construction or are scheduled for construction. Storm Water Utility staff has investigated complaints from citizens at many locations throughout the City concerning drainage problems. Some drainage problems are not solvable without major street reconstruction, or large-scale storm sewer projects. Some of these problems areas are scheduled to be addressed through the Capital Improvement Program (CIP). However, many which are not included in the CIP can be addressed with smaller local improvements under the Neighborhood Drainage ("Hot Spot") Program. Some of the locations have been addressed in the 1994 program and are complete or under construction. Funding for 1995 and future years will be sufficient to address a limited number of additional locations each year. It is recommended that the list be approved so as many locations as possible can be designed and constructed with available funding. Various other locations throughout the City are also candidates for this program and will be evaluated and brought to the City Council for approval and added to the list on an ongoing basis. It is requested that Council review and approve the proposed locations for the Neighborhood Drainage Program for further investigation and design of needed improvements and construction as funding allows. The projects will be funded by cash payments from the Storm Water Utility revenues. The total amount budgeted in the 1995 Budget and proposed 1996 Budget is $430,000 per year. Plans and specifications for each project location will be brought before the City Council for final approval prior to letting of contracts. Neighborhood Drainage Improvement ("Hot Spot") Locations * Indicates project complete or under construction *Grove Street, 14th to 17th Street *Central and Mission *Central Riverside Park Patterson, West of Broadway Seneca and 35th Street North *Mead and Marion Meridian at Casado Ct. Meridian Ditch (27th to 35th S) *Street Drainage around MacDonald Park Alley S of Lincoln, E of Governeour Street Drainage near Murdock and Westlink Elizabeth and Irving McCormick @ Glen, Vine, Fern, Millwood 17th and Hillside Estelle at 10th and 11th Streets Pawnee, West of Meridian South Broadway, 3700 block Stearman Court, 4000 block Bluff, North of 21st Ridgewood, North of Pawnee Everett and Rita, near South Meridian Woodlawn, Central to 13th North 1st and Ohio Sheridan at St. Louis Motion -- carried Knight moved that the project be approved. Motion carried 6 to 0. (Cather absent) SANCHO/CHDO SEDGWICK COUNTY AREA NON-PROFIT COMMUNITY HOUSING ORGANIZATION (SANCHO) COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO) CONTRACT FOR HOUSING PROGRAM. Agenda Report No. 95-615. On December 30, 1994, the City Council approved a request by SANCHO for $152,000 in HOME Investment Partnership Funds. The approval was made subject to SANCHO being awarded the property by the Resolution Trust Corporation (RTC). The proposal also required Low-Income Housing Tax Credits as part of the financing. An application for Tax Credits was submitted to the Kansas Department of Commerce and Housing in April of 1995. RTC has awarded the property to SANCHO and the Kansas Department of Commerce and Housing has approved their Tax Credit application. The original application listed the sale price at $30,008. Since that time, an environmental review of the property discovered some asbestos in the units. RTC reduced the sale price to $12,500 with the expectation that the savings would offset the additional cost of abatement. The proposed budget has been revised to reflect this change. The contract is for 24 months beginning June 1, 1995, and provides for the construction and/or rehabilitation of twenty-three (23) units of affordable housing. The first floor units (11) will be reserved for persons with disabilities and the upstairs units for persons with very low income. In addition, SANCHO will assist tenants in securing independent living services. Funding for this award will be allocated from the FY 1993 HOME Investment Partnerships Program Budget. A program of this size is subject to Davis-Bacon Act wage requirements. Motion -- Knight moved that the CHDO Contract be approved and the Mayor be authorized to sign; and an amendment to the 1993 HOME Program Description reflecting this grant -- carried award be approved. Motion carried 6 to 0. (Cather absent) CDBG CONTRACTS CDBG CONTRACTS - UNITED METHODIST URBAN MINISTRY/INTER-FAITH MINISTRIES. Agenda Report No. 95-616. On March 14, 1995, the City Council allocated CDBG funds to United Methodist Urban Ministry of Wichita, Inc. for utility assistance to low income persons threatened with shut-off notices, and to Inter-Faith Ministries - Wichita, Inc. to pay a portion of the costs to operate a homeless shelter. The contract with United Methodist Urban Ministry of Wichita, Inc. provides funds for utility assistance paid directly to the utility company and the contract with Inter-Faith Ministries - Wichita, Inc. provides direct labor costs for the operation of Inter-Faith Inn homeless shelter. The contract with United Methodist Urban Ministry of Wichita, Inc. is for $15,000 and Inter-Faith Ministries - Wichita, Inc. is for $39,275. Motion -- Knight moved that the Contract be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Cather absent) SENECA AND I-235 AGREEMENT TO CONSTRUCT A FULL INTERCHANGE AT SENECA AND I-235. (District IV) Agenda Report No. 95-617. The Kansas Department of Transportation (KDOT) has submitted an Agreement for construction of a full interchange at I-235 and Seneca. The construction will provide an entrance ramp for Seneca traffic to access I-235 eastbound and will allow westbound I-235 traffic to exit onto Seneca. The Agreement will give KDOT permission to work in the City and to use City streets to detour traffic during construction. Before project plans can be completed, the detour routes and necessary improvements to said detours shall be agreed upon by authorized representatives of the City and KDOT, and noted on the plans. There is no cost to the City associated with this Agreement. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Cather absent) RR ROW AGREEMENT RAILROAD RIGHT-OF-WAY AGREEMENT: SANITARY SEWER TO SERVE NORTHCUTT TRAILER CO. (SOUTH OF 37TH STREET NORTH, EAST OF BROADWAY). (District VI) Agenda Report No. 95-618. On December 20, 1994, the City Council approved a petition for sanitary sewer to serve the Northcutt Trailer Company, located south of 37th St. North, west of Broadway. The sanitary sewer plan requires the extension of a sewer line under Santa Fe Railway tracks. A license agreement has been prepared that allows the City to use the right-of-way. The license fee of $750.00 is charged to the project. The funding source is Special Assessments. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Cather absent) (Item No. 26) CITY HALL PARKING APPROVAL OF PARKING FEES FOR CITY HALL PARKING GARAGE/SURFACE LOT. Agenda Report No. 95-619. In various actions, the City Council authorized the construction of the new City Hall parking garage/surface facilities. Financing of capital and operating cost of the garage is to be derived from insurance settlement proceeds from the previous garage (including interest earning on these funds to date), visitor parking revenues and employee parking fees with any balance paid from the Debt Service Fund (for capital costs) and General Fund (for operating expenses). The construction cost of the parking facilities is $5,885,000. Annual operating costs are estimated at $90,000. Annual revenues are estimated $318,000. Revenues are based on the following rates: Visitor/public -- $.75/half hour; $3 daily maximum Employee -- $20/month Based on the estimated revenues and expenses, the financing of the parking garage is projected to be: OPERATING Estimated annual gross revenues $ 318,000 Less operating costs ( 90,000) Net revenues available for debt service 228,000 CAPITAL Parking construction cost $5,885,000 Less insurance proceeds and interest ( 1,200,000) Less debt service paid from net revenues ( 2,250,000) Net capital costs paid at-large $2,435,000 To the extent that the City Council should determine to reduce rates either for public or employee parking, the net capital costs to be paid at-large may increase correspondingly. For examples: [1] City staff are working with outside specialists to determine the impact on annual revenues if visitor/public parking fees are reduced to either to $.60 or $.65 per half hour with the daily maximum raised to $5. This information will be provided prior to the time this item is considered by the City Council. [2] If employee parking rates were reduced from $20 to $15 per month, this would result in a loss of annual revenue of approximately $29,000 and would increase the capital costs to be finance at-large by approximately $300,000. The City Council has previously approved the bonding resolution necessary for this project. Future Council action will be necessary concerning a contract for management of the parking facility. Council Member Cole Council Member Cole said the Council had asked that there be a concerted effort to look at the rates of other parking garages, which was done, and the recommendation from that effort is that the $.75 per half hour be retained but that either $4 or $5 be set as the daily maximum rate. Council Member Cole expressed concern that the City be competitive. Motion -- Cole moved that the the $20/month employee fee and the $.75/half- hour visitor/public fee be approved; and that the daily maximum rate be set at $4/day. Council Member Ferris Council Member Ferris said the City's need for parking will, even with the new parking garage, exceed the spaces provided by 150 spaces. The City will not be trying to operate a parking garage that is "public parking." The City needs every space and should be discouraging all day parking. Council Member Rogers momentarily absent. Ray Trail Director of Finance said it was his recollection that the total number of parking spaces, garage and surface, is still below what would be considered a normal number given the size of the facility and the traffic. The primary concern with the parking lot and structure is that the City not get into the position of being a primary parking server for other area office structures that have insufficient parking. Council Member Gale left the Bench. Amendment -- Cole, with consent of the second, amended the motion to set the daily maximum rate at $5/day. -- carried Motion carried 5 to 0. (Cather, Gale; absent) (Item No. 27) Council Member Gale present. CITY COUNCIL OFFICE CITY COUNCIL OFFICE MODIFICATIONS. Agenda Report No. 95-620. It is proposed to modify the office/conference room area in the City Council Office. Staff was asked to examine the Council office layout and determine what modifications could be made to improve the privacy of individual Council work areas. The proposed modifications will reconfigure the existing City Council Office/Conference Room area to better accommodate City Council Member needs. Current office layouts do not provide Council members with desk security nor the ability to meet with constituents in private. The proposed alterations will provide floor to ceiling partitions and doors for privacy. The modifications planned may require offices to be rearranged and constructed in the current conference room space and a smaller (than present) conference room in the current Council office area. Most of the work, except electrical, heating, and A/C is planned to be performed by force account. The estimated cost of the project is $15,000. The remodeling cost is proposed to be funded from l995 reserve account. Council Member Kamen Council Member Kamen said the project is unnecessary and would tend to isolate the council members. The offices would be very small and the conference room is fine the way it is. Mayor Knight Mayor Knight spoke in support of the project which would offer some privacy. Motion -- Knight moved that the modification project and funding be approved and that staff -- carried be authorized to proceed. Motion carried 5 to 1. (Cather absent) Kamen - No. CDBG FUND REALLOCATION REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS (MENNONITE HOUSING REHABILITATION SERVICES). Agenda Report No. 95-621. The City Council previously allocated 1992 CDBG funds of $75,000 to Mennonite Housing Rehabilitation Services (MHRS) in support of the $1,700,000 renovation and new construction project for the Huston Center to provide low income elderly housing units. Because the federal wage requirements for use of CDBG funds would have increased total construction costs more than the amount of CDBG funds allocated, CDBG funds were not used. Other project costs were not feasible to be paid with the CDBG funds and the Huston Center project was completed without CDBG funds. Mennonite Housing has requested use of the $75,000 for another low income senior residences project. Property was acquired in 1993 in the Whispering Pines Addition in west Wichita to construct 56 elderly housing units. Mennonite Housing has requested the $75,000 be used to reimburse acquisition and development costs of the project. Under CDBG regulations, prior to implementing the Consolidated Plan, a change in scope, location, or beneficiaries of an activity required a formal amendment to the program. Because the proposed use changes only the project location and not the scope as an elderly housing project, or beneficiaries, HUD has agreed a formal program amendment is not necessary. Staff will negotiate a contract with MHRS outlining the use of the CDBG funds and establishing a time period in which the funds must be used or returned to the CDBG fund for reprogramming. The $75,000 has previously been approved and is available for reallocation. Motion -- Knight moved that the change in use of CDBG funds be approved; and staff be authorized to negotiate a contract and the Mayor be authorized to execute. -- carried Motion carried 6 to 0. (Cather absent) GILBERT & MOSLEY SITE AMENDMENT TO AGREEMENT WITH CAMP, DRESSER, MCKEE FOR GILBERT AND MOSLEY SITE PROJECT. Agenda Report No. 95-622. Camp, Dresser & McKee (CDM) is continuing to provide professional environmental engineering services for the Gilbert-Mosley ground water contamination site. To date, CDM has completed the Gilbert & Mosley Remediation Investigation and Feasibility Study (RI/FS) which identified the sources of pollution and recommended various clean-up alternatives to KDHE as required by the KDHE/City of Wichita Settlement Consent Agreement. On September 30, 1994, the Kansas Department of Health and Environment (KDHE) issued a Corrective Action Decision in response to the RI/FS that identified the method of clean-up for the site and the various activities that need to be addressed in order to implement the final clean-up (remediation) of the site. These documents have been previously brought before the Council and have been approved to be received and filed. This work completed Phase 1 and 2 of the original contract for professional services with CDM. On December 30, 1994, the Council authorized approval of CDM (5th Contract Amendment) to begin work on Phase 3 of the project. This action was provided for in the original contract for which specific services were subject to negotiation for compensation and scope of service. The 5th Contract Amendment was for preparation of a Remedial Design Work Plan and a laboratory feasibility study of the use of bio-remediation at the site. This amendment will designate CDM to continue work on the 30 percent design as identified in phase 3 of the project. In order to comply with the KDHE/City of Wichita Settlement Agreement and the Corrective Action Decision, KDHE has outlined the various components necessary to begin the clean-up process in their Remedial Design Technical Summary Document. This contract amendment will consist of the following activities specified in the KDHE Remedial Design Technical Summary Document that are necessary to continue compliance required by the Corrective Action Decision: 1. Expanded bio-remediation laboratory studies and pilot field demonstration project using bio-remediation. 2. Field inspections. 3. Air sampling. 4. Well installation. 5. Ground water sampling and analysis. 6. Extraction pump tests. 7. Reinjection testing. 8. Field activities Summary Report. 9. Remedial design modeling. 10. Preliminary design report. 11. Project management. 12. PRP Identification. As part of the Kansas Department of Health and Environment (KDHE) Corrective Action Decision (CAD), bio- remediation technology was authorized as a clean-up alternative. Bio-remediation uses microbes injected into ground water to break down the toxic properties of the contamination into carbon dioxide and water. The Council has previously approved bio- remediation laboratory studies by CDM as to the feasibility of using bio-remediation in the field. The results of the laboratory studies indicate that bio-remediation is feasible for a field pilot study. CDM has presented the findings of their studies to City Staff and the Gilbert-Mosley Citizens Technical Review Committee. A successful field study would result in considerable cost savings for clean-up of the Gilbert-Mosley site, as much 40-50%. The cost of the contract amendment for these services is $970,735. Of this amount, $ 256,111 is for the above alternative bio-remediation pilot study. Staff is seeking grants funds to off-set all or part of the bio-remediation field study cost through the technical assistance or research grant from the EPA. The benefit of a successful bio- remediation pilot is the reduction of overall clean-up costs of the site from approximately $12-15,000,000 to $5-8,000,000 or less. This will amend the current contract to a "not to exceed" sum of $2,306,231. These costs will be paid with funding from the Tax Increment Finance District subject to future reimbursement from those parties responsible for the contamination. The cost of this contract amendment is budgeted for in the 1995 revised TIF budget. Motion -- Knight moved that the Contract Amendment, including the bio- remediation pilot -- carried study, be approved and the Mayor be authorized to sign. Motion carried 6 to 0. (Cather absent) STATE OFFICE BUILDING EXTENSION OF CONTRACT WITH AMPCO SYSTEM PARKING. Agenda Report No. 95-623. On July 12, 1994, the Council approved a contract with AMPCO System Parking for management services of the State Office Parking Garage and various other city-owned parking lots. AMPCO has provided the City written notification of intent to renew the contract. Some of the required documents and reports have not yet been received by the City. A comprehensive performance evaluation to insure that annual renewal of the contract at this time is in the City's best interest. This information will not be available prior to the expiration date of August 1, 1995. To allow for review of the audit and evaluate performance, staff is requesting an extension of the contract for 60 days. The terms of the contract call for increased monthly fees for the state office garage from $6,671 to $7,355 effective on August 1, 1995. Other City parking facilities would continue on a 70/30 split between the City and AMPCO, respectively. The Extension will continue the contract for a 60-day period under the existing terms and conditions except that the monthly management fee paid to AMPCO will not be increased effective August 1, 1995. Motion -- Knight moved that the 60-day contract extension be approved. Motion carried -- carried 6 to 0. (Cather absent) CONDEMNATIONS NOTICE OF HEARING RESOLUTIONS - CONDEMNATION OF DANGEROUS AND UNSAFE STRUCTURES. Agenda Report No. 95-624. On July 10, 1995, the Board of Code Standards (BCSA) held a hearing on the following eight (8) 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. (1) 1017 N. Grove (2) 1242 N. Piatt (3) 1134 N. Poplar (4) 1902 S. Sedgwick (5) 1450 N. Green (6) 3217 E. 13th (7) 1015 S. Martinson (8) 1703 S. Vine 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 -- Knight moved that the resolutions to placing this matter on the agenda for a Hearing before the Governing Body on September 12, 1995, at 11:00 a.m., be -- carried adopted. Motion carried 6 to 0. (Cather absent) RESOLUTION NO. R-95-348 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 13 and 15 and the south 1/3 of Lot 17, Ware's Subdivision of Lot 1 of Tarleton's First Addition to Wichita, Sedgwick County, Kansas, known as 1017 North Grove, 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 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-95-349 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 61 and 63, Piatt Avenue, 11th Street Addition to Wichita, Sedgwick County, Kansas, known as 1242 North Piatt, 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 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-95-350 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 114, Mona now Poplar Avenue, Fairmount Park Addition to Wichita, Sedgwick County, Kansas, known as 1134 North Poplar, 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 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-95-351 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 1, 3, and 5, Block O, in South University Place Addition to Wichita, Sedgwick County, Kansas, known as 1902 South Sedgwick, 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 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-95-352 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 10 and 12, on Green, Rose Hill Addition to Wichita, Sedgwick County, Kansas, known as 1450 North Green, 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 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-95-353 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: a tract in the northwest quarter of the northwest quarter of Section 14, Township 27 South, Range 1 East of the sixth principal meridian, Sedgwick County, Kansas, described as follows: the west 45 feet of a tract described as beginning 30 feet south and 255 feet east of the northwest corner of the northwest quarter of Section 14; thence east 135 feet; thence south 150 feet; thence west 135 feet; thence north 150 feet to the place of beginning; formerly described as the west 45 feet of the east 75 feet of Lots 2, 4, 6, 8, 10, and 12, in Baldock's Addition to Wichita, Sedgwick County, Kansas, known as 3217 East 13th, 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 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-95-354 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 13 and 15, Block 3, in replat of part of John McCormick's Addition to Wichita, Sedgwick County, Kansas, known as 1015 South Martinson, 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 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-95-355 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 53 and 55, Block H, on Vine Street, Princess Addition to Wichita, Sedgwick County, Kansas, known as 1703 South Vine, 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 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. ORDINANCES CHILDREN'S TRANSPORTATION FRANCHISE ORDINANCE. (First Reading 7/18/95, Second Reading 7/25/95) ORDINANCE NO. 42-823 An Ordinance granting to Shellee K. Morrison, DBA Kids Kab, the authority, right, and privilege to establish, maintain, and operate a limited transportation system upon and over certain streets in the City of Wichita, Kansas, for the transportation of children to and from certain designated locations for hire and fixing the terms and conditions of such grant, read for the third time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. SECOND READING ORDINANCE. (First Reading 7/25/95) SA Hardship Deferral ORDINANCE NO. 42-824 An Ordinance amending Sections 2.24.070 and 2.24.075 of the Code of the City of Wichita, Kansas, pertaining to deferral of special assessment payments for owner-occupied residential property and repealing the originals of said sections, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. PLANNING AGENDA V-1909 PUBLIC HEARING V-1909 - REQUEST TO VACATE A PORTION OF BUILDING SETBACK IN AN AREA NORTH OF DOUGLAS AND EAST OF WEST STREET. Agenda Report No. 95-625. Staff Recommendation: Approve vacation of building setback. MAPC Recommendation Approve vacation of building setback. Most of the site is developed with self storage units. Dale Miller Chief Planner reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item. Connie Nussman Connie Nussman, 138 North Kessler, said the building comes to the back of the property line, people are working on racing motors, and there is loud noise all the time. Mary Dildine Mary Dildine, 126 North Kessler, said there are racing motors and noise and pollution where oil has been poured out on the ground. Council Member Ferris Council Member Ferris said the vacation may not have much impact on the noise problems and suggested the neighbors get in touch with authorities who can enforce the noise ordinance. Motion -- carried Gale moved that this Item be deferred one week. Motion carried 6 to 0. (Cather absent) V-1922 PUBLIC HEARING V-1922 - REQUEST TO VACATE DRAINAGE EASEMENT IN AN AREA SOUTH OF 29TH STREET NORTH AND WEST OF RIDGE. (District V) Agenda Report No. 95-626. Staff Recommendation: Approve vacation of drainage easement. MAPC Recommendation: Approve vacation of drainage easement. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Council Member Gale left the Bench. Motion -- Ferris moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order be recorded with the Register of Deeds. Motion carried -- carried 5 to 0. (Cather, Gale; absent) V-1923 PUBLIC HEARING V-1923 - REQUEST TO VACATE A UTILITY EASEMENT IN AN AREA EAST OF 119TH STREET WEST AND NORTH OF MAPLE. (District V) Agenda Report No. 95-627. Staff Recommendation: Approve vacation of utility easement. MAPC Recommendation: Approve vacation of utility easement. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Ferris moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order be recorded with the Register of Deeds. Motion carried -- carried 5 to 0. (Cather, Gale; absent) V-1924 PUBLIC HEARING V-1924 - REQUEST TO VACATE ACCESS CONTROL TO HILLSIDE, NORTH OF 29TH STREET NORTH. (District I) Agenda Report No. 95-628. Staff Recommendation: Approve vacation of access control. MAPC Recommendation: Approve vacation of access control. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Rogers moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order be recorded with the Register of Deeds. Motion carried -- carried 5 to 0. (Cather, Gale; absent) Council Member Gale present. S/D 91-22 S/D 91-22 - PLAT OF THE AMARADO ESTATES 4TH ADDITION LOCATED NORTH OF 13TH STREET NORTH AND EAST OF MAIZE ROAD. (District V) Agenda Report No. 95-629. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. Sewer 100 Percent Petition for construction of Lateral 23, Main 3, Westlink Sewer (north of 13th, east of Maize) Project No. 468- 82500 ($9,500 S.A.) (Hold for development) Paving 100 Percent Petition for improving of accel/decel lane along the north side of 13th Street North and the east side of Maize Road to serve Amarado Estates Fourth Addition, Project No. 472-82626 (north of 13th, east of Maize) ($70,000 S.A.) (Hold for development) Cert. of Petitions Certificate of Petitions from the Baughman Company. Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 6 to 0. (Cather absent) RESOLUTION NO. R-95-363 Resolution of findings of advisability and Resolution authorizing construction of Lateral 23, Main 3, Westlink Sewer (north of 13th, east of Maize) Project No. 468- 82500 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-95-364 Resolution of findings of advisability and Resolution authorizing improving of accel/decel lane along the north side of 13th Street North and the east side of Maize Road to serve Amarado Estates Fourth Addition, Project No. 472-82626 (north of 13th, east of Maize) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. S/D 94-81 S/D 94-81 - PLAT OF THE WILDERNESS AT THE PARK 2ND ADDITION LOCATED SOUTH OF PAWNEE AND EAST OF MAIZE ROAD. (District V) Agenda Report No. 95-630. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. Restrictive Covenant Restrictive Covenant from A.J. and Carrol Soerries and Philip and Shellie Wolcott. Motion -- Knight moved that the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be -- carried authorized to sign. Motion carried 6 to 0. (Cather absent) S/D 95-44 S/D 95-44 - PLAT OF THE CHADSWORTH COMMERCIAL SECOND ADDITION LOCATED NORTH OF 21ST STREET NORTH AND EAST OF MAIZE ROAD. (District V) Agenda Report No. 95-631. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. Cert. of Petitions Certificate of Petitions from Bruce and Esther Pearson. Water 100 Percent Petition for construction of Water Distribution System authorizing construction of Water Distribution System Number 448-88939 (north of 21st Street North, east of Maize) ($111,000; 79% S.A., 21% Water Utility Improvement Fund) (Hold for development) Water 100 Percent Petition for construction of Water Distribution System authorizing construction of Water Distribution System Number 448-88940 (north of 21st Street North, east of Maize) ($82,500; 80% S.A., 20% Water Utility Improvement Fund) (Hold for development) Sewer 100 Percent Petition for construction of Lateral 116, Westlink Sewer (north of 21st Street North, east of Maize) Project No. 468-82505 ($15,000 S.A.) (Hold for development) Sewer 100 Percent Petition for construction of Lateral 117, Westlink Sewer (north of 21st Street North, east of Maize) Project No. 468-82506 ($15,000 S.A.) (Hold for development) Sewer 100 Percent Petition for construction of Lateral 118, Westlink Sewer (north of 21st Street North, east of Maize) Project No. 468-82507 ($30,500 S.A.) (Hold for development) Paving 100 Percent Petition for improving of decel lane on Maize Road to serve Chadsworth Commercial Second Addition, Project No. 472- 82621 (north of 21st Street North, east of Maize) ($90,000 S.A.) (Hold for development) Paving 100 Percent Petition for improving of left turn lane on Maize Road to serve Chadsworth Commercial Second Addition, Project No. 472- 82622 (north of 21st Street North, east of Maize) ($55,000 S.A.) (Hold for development) Paving 100 Percent Petition for improving of left turn bay in Maize Road and an accel/decel lane in 21st Street to serve Chadsworth Commercial Second Addition, Project No. 472-82623 (north of 21st Street North, east of Maize) ($201,000 S.A.) (Hold for development) Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 6 to 0. (Cather absent) RESOLUTION NO. R-95-365 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System authorizing construction of Water Distribution System Number 448-88939 (north of 21st Street North, east of Maize) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-95-366 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System authorizing construction of Water Distribution System Number 448-88940 (north of 21st Street North, east of Maize) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-95-367 Resolution of findings of advisability and Resolution authorizing construction of Lateral 116, Westlink Sewer (north of 21st Street North, east of Maize) Project No. 468-82505 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-95-368 Resolution of findings of advisability and Resolution authorizing construction of Lateral 117, Westlink Sewer (north of 21st Street North, east of Maize) Project No. 468-82506 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-95-369 Resolution of findings of advisability and Resolution authorizing construction of Lateral 118, Westlink Sewer (north of 21st Street North, east of Maize) Project No. 468-82507 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-95-370 Resolution of findings of advisability and Resolution authorizing for improving of decel lane on Maize Road to serve Chadsworth Commercial Second Addition, Project No. 472- 82621 (north of 21st Street North, east of Maize) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-95-371 Resolution of findings of advisability and Resolution authorizing improving of left turn lane on Maize Road to serve Chadsworth Commercial Second Addition, Project No. 472- 82622 (north of 21st Street North, east of Maize) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-95-372 Resolution of findings of advisability and Resolution authorizing improving of left turn bay in Maize Road and an accel/decel lane in 21st Street to serve Chadsworth Commercial Second Addition, Project No. 472-82623 (north of 21st Street North, east of Maize) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. S/D 95-47 S/D 95-47 - PLAT OF THE COMOTARA POWER CENTER 2ND ADDITION LOCATED WEST OF ROCK ROAD AND SOUTH OF 36TH STREET NORTH. (District II) Agenda Report No. 95-632. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. Easement Temporary Easement from Northrock Realty Partners. Cert. of Petitions Certificate of Petitions from Samuel D. Malinowsky. Sewer 100 Percent Petition for construction of Lateral 51, Main 9, Sanitary Sewer No. 23 (west of Rock, south of 37th Street North) Project No. 468-82501 ($52,000 S.A.) (Hold for development) Sewer 100 Percent Petition for construction of Lateral 52, Main 9, Sanitary Sewer No. 23 (west of Rock, south of 37th Street North) Project No. 468-82502 ($34,000 S.A.) (Hold for development) Paving 100 Percent Petition for improving of Rock Road to serve Lots 6 and 7, Block 1, Comotara Power Center Second Addition, Project No. 472-82624 (west of Rock, south of 37th Street North) ($17,000 S.A.) (Hold for development) Paving 100 Percent Petition for installation of a fully actuated traffic signal and pavement markings as necessary, to serve Lots 1, 3, 4, and 5, Block 1, Comotara Power Center Second Addition, Project No. 472-82625 (west of Rock, south of 37th Street North) ($70,000 S.A.) (Hold for development) Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 6 to 0. (Cather absent) RESOLUTION NO. R-95-373 Resolution of findings of advisability and Resolution authorizing construction of Lateral 51, Main 9, Sanitary Sewer No. 23 (west of Rock, south of 37th Street North) Project No. 468-82501 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-95-374 Resolution of findings of advisability and Resolution authorizing construction of Lateral 52, Main 9, Sanitary Sewer No. 23 (west of Rock, south of 37th Street North) Project No. 468-82502 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-95-375 Resolution of findings of advisability and Resolution authorizing improving of Rock Road to serve Lots 6 and 7, Block 1, Comotara Power Center Second Addition, Project No. 472-82624 (west of Rock, south of 37th Street North) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-95-376 Resolution of findings of advisability and Resolution authorizing installation of a fully actuated traffic signal and pavement markings as necessary, to serve Lots 1, 3, 4, and 5, Block 1, Comotara Power Center Second Addition (west of Rock, south of 37th Street North) Project No. 472-82625 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. DR 95-14 DR-95-14 - MOBILE MANOR, INC./KANSAS GAS SUPPLY - REQUEST A SPECIAL USE PERMIT FOR A NATURAL GAS METERING STATION. (District IV) Agenda Report No. 95-633. Staff Recommendation: Approve, subject to conditions. MAPC Recommendation: Approve, subject to conditions. 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 Resolution be adopted with publication being withheld until -- carried such time as the conditions have been met. Motion carried 6 to 0. (Cather absent) RESOLUTION NO. R-95-362 A Resolution authorizing a special use permit for certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.180.4 of the Code of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. Z-3171 Z-3171 - REQUEST FOR ZONE CHANGE FROM THE "AA" ONE FAMILY DWELLING DISTRICT TO "LC" LIGHT COMMERCIAL, LOCATED 1/4 MILE SOUTH OF CENTRAL ON THE WEST SIDE OF TYLER ROAD. (District V) Agenda Report No. 95-634. Staff Recommendation: Approve, subject to platting and filing restrictive covenant. MAPC Recommendation: Approve, subject to platting and filing restrictive covenant. CPO Recommendation: Approved, subject to platting and filing restrictive covenant. (7-1) The applicant requests a zone change from the 'AA' One Family Dwelling District to the 'LC' Light Commercial District for a 0.5 acre unplatted tract located ½ mile south of Central on the west side of Tyler Road. The applicant requests the change in zoning classification to conform with the surrounding zoning and for potential future commercial development. The subject property is currently developed with a single family home and bordered by three single family homes to the north. The site is surrounded by a multiple family complex to the west (zoned 'LC'), several fast food restaurants and businesses on the east side of Tyler Road, and an undeveloped parcel to the south. The property to the south was rezoned to 'LC' in 1980 and included in the Westlink Commercial Community Unit Plan (DP-9), which permits the following uses: offices, restaurants, private clubs, medical offices and clinic, retail and service commercial (not including storage garage mini warehouse or hotel/motel). This segment of Tyler Road is projected by the 2020 Transportation Plan to require road improvements to accommodate anticipated traffic volumes. In order to address concerns about traffic congestion along Tyler Road if the remaining unplatted residential area is rezoned and developed with high traffic generating uses, the applicant has volunteered to submit a restrictive covenant that would prohibit restaurants, financial institutions, convenience stores, and service stations on the subject property. If this zone change request is approved with the volunteered use restrictions, staff will ask for similar restrictions in the future for the properties to the north if or when they apply for rezoning. 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 to the condition of platting and to filing the voluntary restrictive covenant, and the Planning Department be instructed to forward the Ordinance for first reading when the plat is forwarded to the City Council. -- carried Motion carried 6 to 0. (Cather absent) Z-3172 Z-3172 - REQUEST FOR ZONE CHANGE FROM "B" MULTIPLE-FAMILY DWELLING TO "LC" LIGHT COMMERCIAL, LOCATED NORTH OF 21ST STREET NORTH ON THE WEST SIDE OF ROSENTHAL. (District VI) Agenda Report No. 95-635. Staff Recommendation: Approve, subject to replatting. MAPC Recommendation: Approve, subject to replatting. CPO Recommendation: Approved, subject to replatting. (8-0) The applicant requests a zone change from the 'B' Multiple Family Dwelling District to the 'LC' Light Commercial District for 0.15 acres platted as Lots 14 and 16 of Rosenthal's Subdivision of Meyers and Snyders Out-Lots. The subject property is currently developed with a single family home (2217 Rosenthal) and is located north of 21st Street North on the west side of Rosenthal. The QuikTrip Corporation proposes to remove the existing residence and include the property, as part of a larger project extending to 21st Street and to Arkansas Avenue, into a new convenience store. The new store would replace an existing store at 21st Street and Waco. The subject property is surrounded by single family homes to the north and east, and several commercial businesses to the south, southeast, and west. As part of the project, the applicant indicates that a single family home north of the application area (2221 Rosenthal) would also be removed. That property would be used to reroute the north-south alley that would need to be relocated when the convenience store is constructed. The applicant has also volunteered, as part of the platting process, to restrict access to Rosenthal where across the street from residentially zoned property. The existing businesses along the north side of 21st Street between Arkansas and Rosenthal would also be removed as part of the project. 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 Planning Department be instructed to forward the Ordinance for first reading when the plat is forwarded to the City Council. Motion carried -- carried 6 to 0. (Cather absent) (The Council returned to Item 14 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 potential litigation, legal advice, and contract negotiations; personnel matters of non-elected personnel; and preliminary discussions relating to the acquisition of real property for public purposes and the regular meeting be resumed at 1:45 p.m. in the City Council Chambers. Motion -- carried carried 6 to 0. (Cather absent) RECESS Council recessed at 12:25 p.m. and reconvened in regular session at 2:05 p.m. Vice Mayor Kamen Vice Mayor Kamen announced that no action was necessary as a result of the executive session. ADJOURNMENT The City Council meeting adjourned at 2:05 p.m. Pat Burnett Deputy City Clerk Workshop: Budget COUNCIL PROCEEDINGS JOURNAL 159 AUGUST 1, 1995 Page 5