MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, May 30, 1995 Tuesday, 9:06 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cather, Cole, Ferris, Gale, Rogers; present. Council Member Kamen absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Patricia L. Burnett, Deputy City Clerk; present. The invocation was given by Council Member Gale. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. Minutes -- The minutes of the regular meeting of May 23, 1995, were -- approved approved 6 to 0. (Kamen absent) NEW BUSINESS OLD TOWN PARKING AGMT. REVISED OLD TOWN PARKING AGREEMENT. Allen Bell Financial Projects Director reviewed the Item. Agenda Report No. 95-427. On August 30, 1994, the City Council approved the form of a revised version of the Old Town Parking Agreement to replace the original agreement implemented in December, 1993. Under the terms of the Old Town Overlay (to the City's zoning ordinance), the parking agreements provide a convenient means for redeveloped Old Town properties to satisfy their off-street parking requirements. For an Old Town property owner to receive a demolition or building permit, they must first execute and record a parking agreement. In response to difficulties encountered in the implementation of the parking arrangements, the City Council approved a revision to the Parking Agreement that was designed to make it easier for existing Old Town businesses to comply. The approved revisions made the following changes to the parking agreement: 1) Reduced parking rates by 50% for five years, in exchange paying full rates for an additional two years; 2) Provided for monthly payments in lieu of semiannual payments; 3) Provided that owners cannot oppose establishment of a Business Improvement District as a means of financing various Old Town operating costs; and 4) Commits owner to participate in various area clean-up efforts. At the time the revised Old Town Parking Agreement was approved, consideration was given only to Old Town businesses that had an existing, off-street parking requirement under the Old Town Zoning Overlay (at the time the revised agreement was approved). Consideration at that time was not given to possible new businesses that might be started subsequent to the changes in the parking agreement. As a result, the presumption has been that any new businesses applying for a building permit in Old Town would be required to adhere to the original parking agreement provisions. New redevelopment activities have recently begun in Old Town. Several property owners have approached the City requesting that the provisions of the revised parking agreement be applied to their property on the basis of fairness to all businesses. Staff has analyzed the financial impact of applying the new provisions to all Old Town properties and has concluded that such a course of action would not adversely impact the ability of the City to meet its financial obligations relative to the Old Town Parking District. This is because the analysis that initially determined the financial adequacy of the parking rates was based solely on the businesses existing at that time and did not consider the possibility that additional properties would be redeveloped into new Old Town businesses. The use of the revised Old Town Parking Agreement to include newly redeveloped properties will potentially reduce the cash flow to the City during the first five years, compared to the cash flow the City would receive if new businesses were forced to adhere to the original Parking Agreement. At the same time, overall revenues from parking fee payments are expected to exceed those estimated when the parking agreement revisions were approved, so there will not be a net loss of anticipated revenues as a result of this action. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Mark Russell Mark Russell, Co-owner of Mrs. O'Leary's, said business owner in Old Town have many obstacles and urged the new businesses in Old Town be offered the same opportunity, with regard to the parking agreement, as the existing business owners. Scott Walker Scott Walker, business owner in Old Town, urged approval of the revised amendment. David Burk David Burk, MarketPlace Properties, urged approval of the revised agreement. John Savuute John Savuute, representing the Wichita Restaurant/Club Association, said 50 cents per parking space per day is a bargain and urged that the parking fee for Old Town be returned to that amount. Council Member Cole Council Member Cole said there are businesses in the Downtown area which use the Old Town Parking area parking spaces but which do not pay for the spaces so, in a sense, the Old Town Parking district is subsidizing the parking for other businesses. The proposed agreement is break-even and should be approved. Motion -- Cole moved that the application of the Revised Old Town Parking Agreement for all -- carried Old Town properties be approved. Motion carried 6 to 0. (Kamen absent) SECTION 8 APPLICATION TO HUD FOR RENTAL CERTIFICATES AND VOUCHERS. Chris Cherches City Manager reviewed the Item. Agenda Report No. 95-428. In March, 1995, the Kansas City Department of Housing and Urban Development announced that approximately $1.2 billion (nationwide) in budget authority was available for Rental Vouchers and Rental Certificates. The City is eligible to receive a formula allocation of $516,000. Under the Fair Share Allocation program, the Kansas City area HUD office was allocated $4,081,071 of the total $1.2 billion allocated nationwide. The City was notified that it is eligible to receive a FY95 allocation of $516,000. This amount will fund approximately 18 units of permanent housing for a five year period. Should this request for Certificates/Vouchers be approved, the eighteen (18) vouchers will be used to expand the "Focused Housing Program." The "Focused Housing Program" was developed by the Wichita Housing Authority in 1987 in conjunction with the Homeless Coalition. The purpose of the program is to address the housing needs for homeless families, "frail elderly" and individuals with AIDS. The Board of Housing Commissioners approved the application at its May 18, 1995, meeting. Application for these funds must be received by HUD on or before June 1, 1995. The eighteen (18) Certificates/Vouchers would generate approximately $103,200 in annual contract authority. It also generates approximately $9,000 in administrative fees which cover the cost of administering the additional Certificates/Vouchers. A Resolution authorizing the submission of the application has been adopted by the Board of Housing Commissioners and is presented for approval by the City Council. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Rogers moved that the FY95 Application 18 Homeless Families Vouchers/Certificates and the Board of Housing Commission Resolution 95-4 be approved and the Mayor be -- carried authorized to sign the necessary documents. Motion carried 6 to 0. (Kamen absent) TRAINING PROVIDER CONTRACT FOR CONFLICT RESOLUTION TRAINING PROVIDER. Chris Cherches City Manager asked that this Item be withdrawn. Motion -- carried Knight moved that this Item be stricken. Motion carried 6 to 0. (Kamen absent) COLLATERAL AGREEMENT COLLATERAL AGREEMENT WITH VALLEY STATE BANK. Roger Clark City Treasurer reviewed the Item. Agenda Report No. 95-430. State statutes require financial institutions that receive city deposits in excess of the FDIC insurance limit to collateralize the deposit. Sound management practice dictates the collateral be placed in a third party financial institution where the depository cannot gain control of the securities. The City's investment policy requires a collateral agreement be put in place to govern the handling of the securities and define the terms and conditions for replacing and changing title to the securities. Valley State Bank exceeds the selection requirements for a depository as outlined in the City's investment policy. They currently have a $100,000 deposit from the city and would like to accept additional funds when available. Time and demand deposits with local financial institutions are a viable investment for city idle funds. Valley State Bank has offered rates of return competitive with other investments of similar maturities. Roger Clark City Treasurer, responding to a question, explained that when deposits exceed $100,000 with each financial institution, a pledge of securities (usually treasury bills or notes) is required to back the deposit so that if the financial institution fails while city moneys are on deposit, the securities can be cashed in by the City to replace lost deposits. This process is done for each bank in which the City has placed funds. The City desires each institution president or chairman of the board to sign an agreement on an individual basis. The securities are sent to the Federal Reserve Bank of Kansas City to be held in an account in the name of the financial institution and the City of Wichita; or a securities can be pledged to a trust account set up at another financial institution in Wichita. Motion -- Ferris moved that this Item be deferred one week. Mayor Knight Mayor Knight said assurances have been received that the City's investments and the way the financial stewardship responsibilities have been handled has no relationship with any kind of derivative strategy. Mayor Knight said he had read articles where money managers are very surprised to find out that some of the instruments they invest in, that they believe have the full faith and credit of the United States Government behind them, somehow become mixed in with other kinds of extraneous investment strategies. Mayor Knight asked that, when the Item is returned to the Council, the Treasurer provide some assurance of the Treasurer's confidence that this situation does not exist in terms of public funds concerning the City of Wichita. -- carried Motion carried 6 to 0. (Kamen absent) CITY COUNCIL AGENDA TRAVEL AUTHORIZATION APPROVAL OF TRAVEL U.S. CONFERENCE OF MAYORS ANNUAL CONFERENCE, JUNE 16-20, 1995 (MAYOR KNIGHT). Motion -- carried Ferris moved that the travel expenses authorized. Motion carried 6 to 0. (Kamen absent) APPOINTMENTS APPOINTMENTS TO HUMAN SERVICES BOARD. Rev. Sam Muyskens, Interfaith Ministries; Tommy L. Benford, Wichita Metropolitan Family Preservation Agency, Inc.; Bob Atkison, The Salvation Army; and Garry Winget, United Methodist Urban Ministry of Wichita, have been selected by the Human Services Board as "Community Interest" appointees, for terms expiring June 30, 1997. Motion -- Knight appointed Rev. Sam Muyskens, Tommy L. Benford, Bob Atkison, and Garry -- carried Winget and moved that the appointments be approved. Motion carried 7 to 0. CONSENT AGENDA Knight moved that the Consent Agenda be approved in accordance with the recommended action shown thereon. Motion carried 6 to 0. (Kamen absent) BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED MAY 22, 1995. At 10:00 a.m., Friday, May 19, 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 5/22/95) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Left Turn and Decel Lane on 29th Street North to serve the proposed access point to Pioneer Balloon Addition (north of 29th, east of Oliver). (472-82495/762716/490374) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 08-09-94) (District II) Asphalt Construction - $40,172.00 - Total Alternate #2 Storm Water Sewer 443 to serve part of Fairfield Estates and Capital Addition (south of 13th, west of Rock). (468-82271/750612/485097) Does not affect existing traffic. (Council approval date 02-28-95) (District II) WB Carter Construction Co., Inc. - $31,446.00 Storm Water Sewer 460 to serve Prairie Woods Addition (north of Pawnee, east of Maize). (468- 82467/750620/485098) Does not affect existing traffic. (Council approval date 03-21-95) (District V) Utility Contractors - $79,411.20 Water Distribution System to serve Lark Second Addition (south of Kellogg, east of 119th Street West). (448- 88888/732651/470343) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 03-21-95) (District V) Nowak Construction - $36,703.00 Water Distribution System to serve Stoneborough Addition (west of Broadway, north of 55th Street South). (448- 88906/732610/470339) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 03-14-95) (District IV) Mies Construction Co., Inc. - $24,577.00 The Board of Bids and Contracts recommended that the contracts be awarded as outlined above, subject to check, same being the lowest and best bid and within the Engineer's construction estimate. Knight moved that the contracts 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. (Kamen absent) PARK DEPARTMENT: CLEAR POND SITE AND FURNISH BENTONITE AT BUFFALO PARK AS PER SPECIFICATIONS Pearson Excavating, Inc. - $68,200.00 - Base Total Net Bid PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS DIVISION: MISCELLANEOUS BUILDING REPAIRS AS PER SPECIFICATIONS Original Rock Replicas - $26,073.00 PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS DIVISION: REPLACEMENT OF A COOLING TOWER AS PER SPECIFICATIONS Wheatland Mechanical, Inc. - $29,341.00 WATER & SEWER DEPARTMENT/SEWAGE TREATMENT DIVISION: LIQUID SULFUR DIOXIDE AS PER SPECIFICATIONS Advance Chemical Dist., Inc. - $429.00 per ton WATER & SEWER DEPARTMENT/PUMPING & DISTRIBUTION DIVISION: POTASSIUM PERMANGANATE AS PER SPECIFICATIONS Carus Chemical Company - $405.96 per each WATER & SEWER DEPARTMENT/SEWAGE TREATMENT DIVISION: TREATMENT OF LIQUID NON-HAZARDOUS WASTE AS PER SPECIFICATIONS Utility Maintenance Contractors - $.36 per gallon The Board of Bids and Contracts recommended that the contracts be awarded as outlined above, same being the lowest and best bid. Knight moved that the contracts be awarded as outlined above, same being the lowest and best bid. Motion carried 6 to 0. (Kamen absent) LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1995 (Consumption on Premises) Roberto I. Lujano Felipes Restaurant*6249 E. 21st St., Suite 114 *General Retailer--beer sales derive less than 50% of gross revenues. Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 6 to 0. (Kamen absent) PLANS AND SPECS. PLANS AND SPECIFICATIONS. a. The Intersection of K-42 (Southwest Boulevard, Pawnee Avenue, West Street. (472- 82477/706028/405156) Traffic to be maintained through construction. (Council approval date 06-28-95) (District IV) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., June 9, 1995. Motion carried 6 to 0. (Kamen absent) PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. Left Turn and Decel Lane on 29th Street North to serve the proposed access point to Pioneer Balloon Addition (north of 29th, east of Oliver) - $58,320.00. (472- 82495/762716/490374) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 08-09-94) (District II) b. Storm Water Sewer 443 to serve part of Fairfield Estates and Capital Addition (south of 13th, west of Rock) - $44,800.00. (468-82271/750612/485097) Does not affect existing traffic. (Council approval date 02-28-95) (District II) c. Storm Water Sewer 460 to serve Prairie Woods Addition (north of Pawnee, east of Maize) - $157,000.00. (468- 82467/750620/485098) Does not affect existing traffic. (Council approval date 03-21-95) (District V) d. Water Distribution System to serve Lark Second Addition (south of Kellogg, east of 119th Street West) - $94,500.00. (448- 88888/732651/470343) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 03-21-95) (District V) e. Water Distribution System to serve Stoneborough Addition (west of Broadway, north of 55th Street South) - $56,000.00. (448- 88906/732610/470339) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 03-14-95) (District IV) f. Amended Preliminary Estimate of the cost of constructing Clarence from the south line of 45th Street South to 60 feet north of the north line of Lot 1, Block 1, Purcell's 11th Addition (east of Meridian, north of 47th Street South) - $124,000.00. (472-81394/762039/490306) Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 6 to 0. (Kamen absent) BOARDS MINUTES MINUTES OF ADVISORY BOARDS AND COMMISSIONS. Board of Code Standards and Appeals, 5/1/95 Board of Park Commissioners, 5/8/95 CPO Southeast Council 3, 5/11/95 CPO Southwest Council 4, 5/11/95 CPO Northwest Council 5, 5/10/95 CPO North Central Council 6, 5/10/95 Commission on the Status of People With Disabilities, 4/26/95 Wichita Art Museum Board, 4/27/95, 5/4/95 Wichita Metropolitan Transit Authority, 4/27/95 Wichita/Sedgwick County Board of Health, 5/11/95, 4/13/95 corrected copy Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 6 to 0. (Kamen absent) SLUDGE APP. EQUIPMENT SLUDGE TREATMENT & MANAGEMENT PLAN - APPLICATION EQUIPMENT. Agenda Report No. 95-431. On November 9, 1993, the Sludge Treatment and Management Plan was presented to the Council by staff and representatives of the City's engineer, Brown & Caldwell. The plan outlined recommendations to achieve compliance with United States Environmental Protection Agency (USEPA) regulations governing the use, treatment and disposal of municipal wastewater sludges (40 CFR, Part 503). On December 14, 1993, Council adopted the Sludge Treatment and Management Plan. In order to fund the mandated improvements recommended in the Sludge Treatment and Management Plan, Council approved appropriate sewer rate adjustments for 1994, 1995, and 1996. Council also approved an amended CIP, as well as, amended the operating budgets. On May 9, 1995, Council amended the Plan to include storage of biosolids on the Sewage Treatment Plant #2 site, directed staff to implement the privatization of biosolids transportation, modified the staffing plan and amended the 1995(R), 1996(R) and 1997(P) budgets. The Sludge Treatment and Management Plan, as adopted, recommended agricultural land application of biosolids as the preferred method of end use of the biosolids. Year to date staff have applied over 21,800 cubic yards of biosolids on approximately 460 acres of farm land. During the process of beginning the land application program, equipment evaluation was done by staff, both in terms of suitability for the intended purpose and acceptability to the farmer. Staff has determined through equipment testing that at this time only one spreader manufacturer markets a spreader that is acceptable for this application. This spreader provides the even distribution required by regulation and is acceptable to area farmers for all season operation because of being manufactured with rubber tracks as opposed to wheels, thereby reducing soil compaction in the field. Staff is recommending the purchase of three (3) Knight Protwin 8030 spreaders for a total purchase price of $101,594. The approved, amended CIP and approved rate increases included funds for the purchase of land application equipment. These expenditures are a part of CIP project S-500 and will be paid from Sewer Utility cash reserves and/or a future bond issue. USEPA regulations, 40 CFR Part 503 require municipalities to implement an approved method of sludge use/disposal and to comply with the National Pollutant Discharge Elimination System (NPDES) permit. Failure to comply would result in civil and/or criminal penalties. Under ordinance Number 35-856, the City may make purchases of sole source equipment by soliciting quotations in lieu of public bids. Motion -- Knight moved that purchase of three (3) Knight Protwin spreaders with Bryon track systems, two (2) new units, and one (1) used unit, as per the quotation, be -- carried approved. Motion carried 6 to 0. (Kamen absent) PSI REPORTS CONTRACTS AMENDED CONTRACTS FOR PRE-SENTENCE INVESTIGATION REPORTS. Agenda Report 95-432. In November 1994, the City Council approved contracts with three vendors for the completion of pre-sentence investigation reports to eliminate the backlog. Funds of $27,500 were budgeted in 1994. The intent was to assign 550 reports prior to December 31, 1994, to eliminate the scheduling backlog. Reports were assigned but due to the numbers involved, the vendors were unable to complete the reports by the end of the calendar year. The funds were then encumbered due to anticipated carry over into 1995. Amended contracts are being submitted to cover the expenditure of the encumbered funds. The amendment to the contract is to extend the time to the date that the companies completed the assigned services. Motion -- Knight moved that the Contracts be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Kamen absent) COMPUTER SOFTWARE AMENDMENT TO CONTRACT WITH PUBLIC HEALTH SOFTWARE SYSTEMS. Agenda Report No. 95-433. On September 20, 1994, the Wichita-Sedgwick County Department of Community Health entered into a contract with Public Health Software Systems, LLC, for the development and installation of application software designed to support the functional operation of the Health Department in the area of personal health services with options for additional services. The amendment would add the immunization option at a cost of $43,500 to be financed by clinic fees generated at the department and targeted for this purpose, partially offset by public and private funding (KDHE and Kansas Health Foundation). Motion -- Knight moved that the Amendment be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Kamen absent) CGP '95 GRANT PROGRAM FY1995 COMPREHENSIVE GRANT PROGRAM (CGP). Agenda Report No. 95-434. As of October 1, 1994, Housing Authorities, in excess of 500 units, receive an entitlement dollar amount based upon a federal formula allocation by the age and number of units. Housing Authorities are required to submit a Five-year Plan, Certification for a Drug Free Work Place, Certification for Contracts, Grants, Loans and Cooperative Agreements, Standard Form (SF) LLC, Disclosure of Lobbying, Summary of Annual Statements, Performance and Evaluation Reports I, II, and III, PHA Board Resolution, and Local Government Statement. A public meeting was held May 1, 1995, in the City Hall Board Room at 6:00 p.m. Also, a public hearing was held May 5, 1995, in the City Hall Board Room at 6:00 p.m. The Proposed 1995 Comprehensive Grant Budget submittal was reviewed and approved by the City of Wichita Board of Housing Commissioners on May 25, 1995. The Human Services Department is submitting the recommended items in the annual submission. The presumptive FY1995 amount is $1,476,781, an increase of $257,516. (Note: Increases are generally given to Housing Authorities with outstanding ratings.) The Proposed 1995 Comprehensive Grant Budget submittal was reviewed and approved by the City of Wichita Board of Housing Commissioners on May 25, 1995. Should the Comprehensive Grant Program submission not be submitted prior to June 30, 1995, the City could lose $1,476,781. Motion -- Knight moved that submittal of the Proposed 1995 Comprehensive Grant Program be -- carried approved. Motion carried 6 to 0. (Kamen absent) WATER MAINS NEW AND REPLACEMENT WATER MAINS TO SERVE EAST BANK DEVELOPMENT. (District VI) Agenda Report No. 95-435. The 1995-2004 Capital Improvement Program included W-521, the replacement of a 16 inch water main in Waterman Street, from Waco to Washington. According to the Water Master Plan, the project was recommended to alleviate main breakage problems near downtown Wichita. Ensuring an adequate water distribution capacity is in support of the Master Plan and the East Bank development. Financial Considerations: 1995-2004 Capital Improvement Program budget: W-521 2001 Design $ 60,000. W-521 2002 Construction $ 710,000. TOTAL: $ 770,000. 1995 Proposed Revised Budget: Phase I W-521 1995 Construction $ 500,000. Phase II W-521 2002 Des. & Const. $ 200,000. TOTAL: $ 700,000. This project is funded from Water Utility revenues and reserves. Motion -- Knight moved that the project revisions and expenditures for 1995 be approved. -- carried Motion carried 6 to 0. (Kamen absent) EASEMENT ENCROACHMENT EASEMENT ENCROACHMENT AGREEMENT - LOT 10, BLOCK 7, PRUCELL'S 8TH ADDITION. Agenda Report No. 95-436. The agreement allows Michael Scott Tolbert to occupy the public easement and waives all rights of action in law arising out of the encroachment over the easement. In addition, the owner of the property agrees to inspect, maintain and repair the sewer until he ceases to occupy the easement. The property owner also agrees to pay other parties for any increased costs that may accrue due to connecting to that portion of the sewer or easement that the structure is over. Finally, the agreement not only allows the City to be held harmless from claims resulting from leaking, cave-in, or other failures of the sewer, but also allows the City to be held harmless from claims resulting from replacement or upgrade of lines, manholes, and/or other Department property in the easement. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Kamen absent) POLICE DEPT./FEDERAL FEDERAL EQUITABLE SHARING AGREEMENT AND ANNUAL CERTIFICATION REPORT FORFEITED ASSETS AGMT. Agenda Report No. 95-437. In March 1994, the U.S. Department of Justice issued A Guide to Equitable Sharing of Federally Forfeited Property for State and Local Law Enforcement Agencies. The guide contains regulations pertaining to law enforcement agencies that receive forfeited assets through the Federal Equitable Sharing Program. One of the regulations contained in the guide requires that an annual Federal Equitable Sharing Agreement and Annual Certification Report be submitted to the Federal Executive Office for Asset Forfeiture. The Federal Equitable Sharing Agreement and Annual Certification Report stipulates that the City of Wichita agrees to abide by the regulations contained in A Guide to Equitable Sharing of Federally Forfeited Property for State and Local Law Enforcement Agencies and provides a report of revenues and expenditures of federally forfeited assets received by the City. This agreement and certification must be signed by the chief law enforcement official and a representative of the governing body in order for the City to be eligible to receive forfeited assets through the Federal Equitable Sharing Program. In 1994, the City received $104,687.99 in forfeited assets through the Federal Equitable Sharing Program and expended $36,616.99 in forfeited assets on the local match for the Special Community Action Teams (SCAT) grant. The fund balance at the beginning of 1995 was $101,303.62, and in 1995, $100,000 in forfeited assets are anticipated to be received. Failure to submit an annual Federal Equitable Sharing Agreement and Annual Certification Report may result in: (a) being barred, temporarily or permanently, from further participation in the Federal Equitable Sharing Program or (b) civil enforcement actions in U.S. District Court for breach of contract. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Kamen absent) PROPERTY ACQUISITION ACQUISITION OF 445 SOUTH PERSHING FOR EAST KELLOGG IMPROVEMENT PROJECT. Agenda Report No. 95-438. When the opportunity arises, the City of Wichita acquires right-of-way for the East Kellogg Improvement Project. As a Federally funded project, property owners adversely impacted by the planned project can request that the Federal Highway Administration grant them hardship status. This allows the City to enter into negotiations with these owners in advance of the project. One such hardship is located at 445 S. Pershing (Lot 8, Block 11 in Lincoln Heights Addition to Wichita) and is owned by Kirk McConachie. The property is a 2,434 square feet single family residence on a 9,600 square foot lot. The property is currently owner occupied. The property was appraised at $185,000. The owner has agreed to sell for this amount. The owner is planning on building a new house so the closing could be as late as November 1995. As this acquisition has been approved as a hardship transaction, Federal funds will be available to offset 80% of the the transaction cost. Funds have been budgeted in the 1994 Capital Improvement Program. The funding source will be General Obligation bonds paid by local sales tax revenues. A budget of $206,000 in funds includes: $185,000 for acquisition, $15,000 for relocation, $4,000 for eventual demolition and $2,000 for closing costs, title insurance, survey, etc. Motion -- Knight moved that the budget and the Contract be approved and the Mayor be -- carried authorized to sign the necessary documents. Motion carried 6 to 0. (Kamen absent) PROPERTY DISPOSITION SURPLUS PROPERTY A. ADJACENT TO 2760 SOUTH ROOSEVELT. (District III) Agenda Report No. 95-439. The United States Government conveyed a number of platted reserves in the Plainview area to the City in 1952. Some of these reserves are being utilized as drainage easements. The adjacent property owner, Brookside Methodist Church has shown interest in acquiring a portion of one of the reserves for additional parking. It appears that the property is no longer needed by the City and may possibly be declared surplus. The portion of the property property in question has been surveyed by the Church. The disposal of this property is not expected to have an effect on the drainage of the subdivision. All City departments and local government entities have been notified and have shown no interest in the property. Since there is no interest in retaining ownership, and because it is costly to maintain, it appears to be in the best interest of the public to declare the property as surplus and offer it for sale to the adjacent owner and to the general public. The City will receive cash consideration for the sale of the property. Motion -- Knight moved that the property be declared as surplus and designated as available for infill development use or for sale to the general public. Motion carried -- carried 6 to 0. (Kamen absent) B. AT NORTHEAST AREA OF WEST CENTRAL AND THE FLOODWAY. (District IV) Agenda Report No. 95-440. The property is legally described as Beginning at the Northwest corner of Lot 26, Block A, West Central Gardens 3rd Addition. West to the East line of the floodway; Southerly to the South line of the Southeast 1/4, East 108.5 feet more or less; thence Northerly to beginning, except the North 122 feet more or less, Section 15, Township 27, Range 1 West. The property was acquired as an exception in the platting process of West Central Gardens Third Addition. A few of the homeowners adjacent to the property have inquired about obtaining part of the exception for extra yard space. All City departments and local government entities have been notified and have shown no interest in the property. The only possible future use that would provide a reason for retaining it would be for a potential greenway corridor. Since there is no interest in retaining ownership, and because it is costly to maintain, it appears to be in the best interest of the public to declare the property as surplus and offer it for sale to the adjacent homeowners for extra yard space and to the general public. The City will receive cash consideration for the sale of the property. Motion -- Knight moved that the property be declared as surplus and designated as available for infill development use or for sale to the general public. Motion carried -- carried 6 to 0. (Kamen absent) 1995 CIP - DESIGN PROJ. 1995 CAPITAL IMPROVEMENT PROGRAM (CIP) DESIGN PROJECTS, PHASE II. Agenda Report No. 95-441. All the listed projects are in the proposed 1995/1996 CIP. Following is a list of projects included in the 1995/1996 CIP. The street and bridge projects are included in the current proposed CIP. The Water Department is preparing revised CIP submittals. S-315, W-513, W-527 and W-536 are in the Water and Sewers' 1995/1996 revised proposed CIP. Project # Location/Description B-120 Murdock Bridge over the Little Arkansas River B-9204 Murdock Bridge over the Drainage Canal MS-1 29th Street North, Amidon to Arkansas P-9305 Gypsum Bicycle Path, Cessna Park to Turnpike Dr. S-5 Mains for Future Development S-315 Interceptor Relief Sewers-Priority 1 S-331 Plainview Sewer Reconstruction W-65 Unidentified Mains W-66 Core Area Main Replacement Program W-67 Distribution Mains Replacement Program W-70 Plainview Consumer Line Improvements W-513 Main in 21st, Webb to 127th W-536 Main in Airport Rd., Harry to Kellogg W-527 Main in Arkansas St. N. across I-235 Staff requests authorization to solicit proposals and request design services for these projects. Following negotiations with consultant engineers, staff will make recommendations to the City Council for awarding the design contracts and request project approval. Motion -- Knight moved that the Staff Screening and Selection Committee be authorized to -- carried select consultant engineers. Motion carried 6 to 0. (Kamen absent) EMINENT DOMAIN CASE PAYMENT OF APPRAISERS' FEES IN CONNECTION WITH EMINENT DOMAIN CASE. Agenda Report No. 95-442. On December 22, 1994, the City filed an eminent domain proceeding to acquire the Riverside Airport in connection with the planned expansion of the Brooks Landfill site. EPA requirements mandate that where airports are located within a 5,000 foot radius of a landfill that the landfill operator take steps to deal with any potential bird problem created by the landfill. The owner of the airport was adamant that he did not want to be taken. He wished to continue operating the airport. In addition, the initial evaluation of the court- appointed appraisers indicated that their award for the taking of the airport would be significantly in excess of the City's pre-condemnation appraisal. Public Works staff received indications from KDHE that compliance with the EPA regulations might not require closure of the airport and the Council, after considering the matter, determined to abandon the condemnation for the time being and to await directions from KDHE and/or EPA at such time as the permitting process for the planned expansion had proceeded further. State law requires the City to pay the reasonable fees of the court-appointed appraisers upon such an abandonment and to pay the court costs in the amount of $66.50. The Court set the appraisers' fees at $1,000 each for two of the appraises and at $3,000 for the lead appraiser. The City must pay the total sum of $5,066.50 to the Clerk of the District Court. These costs are to be charged to the Brooks Landfill expansion project. Because of the abandonment of the eminent domain proceeding the City is legally obligated to pay the amount of these fees and court costs to the Court. Motion -- Knight moved that payment to the Clerk of the District Court of the appraisers' fees and court costs in the total amount of $5,066.50 be authorized. Motion -- carried carried 6 to 0. (Kamen absent) ORDINANCE SECOND READING ORDINANCE. (First Reading 5/23/95) Assessing Ordinance ORDINANCE NO. 42-788 An Ordinance making a special assessment to pay for the improvement of and providing a tax levy for the cost of construction of sidewalks in the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. FIRST READING ORDINANCE. Motion -- Knight moved that the following Ordinance be placed on first reading. Motion -- carried carried 6 to 0. (Kamen absent) ORDINANCE An Ordinance making a special assessment to pay for the cost of cutting weeds in the City of Wichita, Kansas, introduced and under the rules laid over. OFF AGENDA ITEM PIZZA HUT PIZZA HUT INDUSTRIAL REVENUE BOND TAX EXEMPTION Motion -- Cather moved that an Item concerning Pizza Hut be taken up off the Agenda. -- carried Motion carried 6 to 0. Mayor Knight Mayor Knight said he had asked the Mayor and director of Law to examine the documents that were used to support a majority council view to approve a 100 percent tax abatement for the expanded Pizza Hut Headquarters. It was thought at the time of the tax abatement that it was clearly in the public interest and there are now serious concerns that this should continue. "I would like the Council to officially support the direction that I have requested informally of the City Manager and the Director of Law." The matter should be brought back for Council determination. Chris Cherches City Manager, responding to a question, said the City Policy relative to specific conditions and provisions came after the Pizza Hut approval in 1991; however, in the submittal by Pizza Hut, an indication was made regarding additional employees and private investment that was to be made. It is known that the private investment was made and an update will be needed on the number of employees added. It is presumed, based on the transfer of the World Headquarters Staff from New York to Wichita, that the number of employees added was also made. There are specific measurements in place for IRB applicants. Motion -- Knight moved that the City Manager and Staff be directed to review the Industrial Revenue Bonds issued to Pizza Hut in 1991 and the tax abatement relative to that IRB issue; and that the Item be returned to the Council in two weeks. Motion -- carried carried 6 to 0. (Kamen absent) RECESS The City Council recessed to workshop session at 9:50 A.M. and returned to regular session at 1:07 P.M. (Council Member Kamen present; Council Member Ferris absent) EXECUTIVE SESSION Motion -- Knight moved that the Council recess to executive session to consider consultation with legal council concerning legal advice, pending litigation, and contract negotiations, and the regular meeting be resumed no later than 2:00 P.M. -- carried Motion carried 6 to 0. (Ferris absent) RECESS Council recessed at 1:07 P.M. and reconvened in regular session at 2:00 P.M. (All Council Members present) Mayor Knight Mayor Knight announced that no action was necessary as a result of the executive session. RECESS Council recessed to workshop session at 2:00 P.M. and returned to regular session at 3:30 P.M. ADJOURNMENT The City Council meeting adjourned at 3:30 P.M. Pat Burnett Deputy City Clerk COUNCIL PROCEEDINGS JOURNAL 158 MAY 30, 1995 Page 1