MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, April 25, 1995 Tuesday, 9:08 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cather, Cole, Ferris, Gale; present. Council Members Kamen, Rogers; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Patricia L. Burnett, Deputy City Clerk; present. Minutes -- The minutes of the regular meeting of April 18, 1995, were -- approved approved 5 to 0. (Kamen, Rogers; absent) Council Member Cather led prayer in remembrance of those who perished in the Oklahoma City disaster. LOIS ANN NEWMAN COMMENTS BY LOIS ANN NEWMAN. Lois Ann Newman Lois Ann Newman, President of the South City Progressive Association, invited the public and the City Council to the South City Parade to be held April 29th, on Broadway from the 1500 block south to Herman Hill Park. UNFINISHED BUSINESS CONDEMNATION CONDEMNATION REVIEW - 1342 NORTH CHAUTAUQUA. Continued from April 18, 1995, for information pertaining to Mennonite Housing. Kurt Schroeder Superintendent of Central Inspection reviewed the Item. The Office of Central Inspection (OCI) records indicate that there has been no water or gas service at the property for approximately four years, that the house has clearly appeared to be vacant for at least several years, and that there has been no response to any notices sent to the address (returned unclaimed) or posted on the structure for several years. Immediately following the Council Hearing on April 18, 1995, the Superintendent of Central Inspection met with Mr. Archie Madison to ensure he understood the Council's motion. Mr. Madison was provided with the Superintendent's business card and written specific actions that would have to be taken to meet the Council's requirements, including removal of the refrigerator and debris by Thursday, April 20th. Also written out for Mr. Madison was the time, date, and location of the April 25th hearing. Mr. Madison has no phone and indicated he would call the Superintendent by Friday, April 21st, as it would be difficult to find Mr. Madison at home. The Superintendent also required, in writing, that Mr. Madison call the Superintendent by Friday, April 21st, to follow up on the required items. As of Friday morning, April 21st, the debris and refrigerator were still on the property, no payment had been made on back taxes owed. As of 3:00 P.M. on Friday, April 21st, Mr. Madison had not called the Superintendent (as agreed to do on April 18th). On April 19, 1995, OCI made contact with Mennonite Housing Rehabilitation Service (MHRS) and was informed that MHRS installed a roof for Mr. Madison at 1342 North Chautauqua in December of 1990. In the early Spring of 1991, MHRS began installation of some steel supports in the basement to help prevent the walls from collapsing. In late 1990 and early 1991, MHRS worked with Neighborhood Improvement Services (NIS) to try to coordinate funding/rehab efforts on the property since the amount of repair required was so substantial. After MHRS started work on the basement, Mr. Madison totally vanished and could not be located, apparently vacating the house, and was never heard from again by MHRS or NIS. Mr. Madison never even completed the required paper work for assistance from MHRS or NIS. MHRS de-activated their assistance file for 1342 North Chautauqua around September of 1991. The City's Water Department records indicate that there has been no active water service at this address since mid-1991. Kansas Gas and Electric records show there has been no gas service at the address since Spring of 1991, and no electrical service since July, 1994. The back taxes of $2,199.44, including specials for two Health Department lot cleanups totaling $1,694.33. OCI recommends that the Council proceed with condemnation and removal of the structure. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole 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 (to be demolished) 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 -- carried advise the owners of these findings. Motion carried 5 to 0. (Kamen, Rogers; absent) RESOLUTION NO. R-95-192 A Resolution finding that the structure located on Lots 14 and 16, Chautauqua Avenue, in Fairmount Park Addition to Wichita, Sedgwick County, Kansas, commonly known as 1342 North Chautauqua, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Cole moved that the Resolution be adopted. Motion carried 5 to 0. (Kamen, Rogers; absent) Yeas: Cather, Cole, Ferris, Gale, Knight. CONSENT AGENDA Knight moved that the Consent Agenda, except Items 16 and 18, be approved in accordance with the recommended action shown thereon. Motion carried 5 to 0. (Kamen, Rogers; absent) BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED APRIL 17, 1995. At 10:00 a.m., Friday, April 14, 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 4/17/95) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Custer Court from the east line of Custer to and including Hammerhead, Ebersole Addition (west of Custer, south of 13th). (472-82496/762906/490383) Does not affect existing traffic. (Council approval date 04-04-95) (District VI) Cornejo & Sons - $31,057.00 - Alternate #2 The Board of Bids and Contracts recommended that the contract 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 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 5 to 0. (Kamen, Rogers; absent) PUBLIC WORKS DEPARTMENT/MAINTENANCE DIVISION: HOT & COLD MIX ASPHALT AS PER SPECIFICATIONS Group I - Asphalt Const. Co. - $15.51 per ton Group II - Ritchie Paving, Inc. - Proposal 1 - $24.25 per ton - Proposal 2 - $26.65 per ton - Proposal 3 - $26.05 per ton - Proposal 4 - $25.90 per ton CITY MANAGER: PUBLICATION OF LEGAL NOTICES AS PER SPECIFICATIONS The Daily Reporter - $.368 per line HUMAN SERVICES DEPARTMENT/ENERGY OFFICE: ALUMINUM STORM WINDOWS AS PER SPECIFICATIONS Columbia Industries, Inc. - Item 1 - $ 23.30 per each - Item 2 - $ 27.15 per each - Item 3 - $ 38.20 per each - Item 4 - $ .48 per united inch - Item 5 - $ 4.80 per each - Item 6 - $ .36 per united inch - Item 7 - $ 1.20 per each - Item 8 - $ 21.78 per each - Item 9 - $ 24.00 per each - Item 10- $ 28.45 per each - Item 11- $ 33.60 per each - Item 12- $ 37.80 per each - Item 13- $ 41.40 per each - Item 14- $ 46.20 per each - Item 15- $ 50.70 per each - Item 16- $ 57.00 per each - Item 17- $ .42 per united inch - Item 18- $ 12.00 per each Total Net Bid -$17,236.25 PARK DEPARTMENT: CYLINDER CHLORINE AS PER SPECIFICATIONS Brown Welding Supply - $87.48 per each cylinder PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS DIVISION: SIGN FACE SHEETING AS PER SPECIFICATIONS 3M - Group I - Item 1 - $ 1,402.65 per roll - Item 2 - $ 1,402.65 per roll - Item 3 - $ 1,122.12 per roll - Item 4 - $ 1,683.18 per roll - Item 5 - $ 404.92 per roll - Item 6 - $ 299.72 per roll - Item 7 - $ 190.08 per roll - Item 8 - $ 303.75 per roll Total Net Bid - $26,325.03 Group II - Item 1 - $ 749.25 per roll - Item 2 - $ 186.98 per roll - Item 3 - $ 186.98 per roll - Item 4 - $ 168.75 per roll Total Net Bid - $7,790.88 VARIOUS DEPARTMENTS/VARIOUS DIVISIONS: TRASH CAN LINERSAS PER SPECIFICATIONS Southwest Paper Co. - Group I - Item 1 - $ 14.85 per case - Item 2 - $ 17.65 per case - Item 3 - $ 13.45 per case - Item 4 - $ 12.60 per case Total Net Bid - $4,763.00 Group II - Item 1 - $ 9.00 per case - Item 2 - $ 10.65 per case - Item 3 - $ 12.75 per case - Item 4 - $ 9.30 per case Total Net Bid -$6,960.00 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 5 to 0. (Kamen, Rogers; absent) LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Special Event 1995 David Burk Wichita Farm & Art Market835 E. First St. Outdoor Concert Renewal 1995 (Consumption on Premises) Mui Fong Yu Tam Tom's Lotus Garden*822 S. Broadway (Consumption off Premises) Kevin J. Temple Phillips 66 Company1254 S. Tyler Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 5 to 0. (Kamen, Rogers; absent) PLANS AND SPECS. PLANS AND SPECIFICATIONS. a. Water Line Relocation at the Harry Street Bridge over the Spring Branch of Four Mile Creek (Harry and 159th Street East). (448-88892/633412) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 12-14-93) (District n/a) 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., April 28, 1995. Motion carried 5 to 0. (Kamen, Rogers; absent) a. Water Distribution System to serve Prairie Woods Addition, Phase 1 (north of Pawnee, east of Maize). (448- 88900/732636/470341) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 03-21-95) (District V) b. Lateral 345, Southwest Interceptor Sewer to serve Prairie Woods Addition (north of Pawnee, east of Maize). (468-82462/742247/480316) Does not affect existing traffic. (Council approval date 3-21-95) (District V) c. Accel-Decel and Left Turn improvements at Central and Tyler to serve Four H and Tyler Acres 5th Additions (intersection of Central and Tyler). (472-82311/762195/490322) Traffic to be maintained through construction. (Council approval date 03-23-93) (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., May 5, 1995. Motion carried 5 to 0. (Kamen, Rogers; absent) PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. Custer Court from the east line of Custer to and including Hammerhead, Ebersole Addition (west of Custer, south of 13th) - $45,000.00. (472-82496/762906/490383) Does not affect existing traffic. (Council approval date 04-04-95) (District VI) b. Relocate a portion of Submain, Sanitary Sewer #21 (Ice Rink) (Maple and Sycamore) - $81,600.00. (468- 82454/621037) Does not affect existing traffic. (Council approval date 12-14-93) (District VI) c. Old Town Street Improvements Phase III, Part 2 - Mead from First Street to Second Street - $720,000.00. (472-82485/762666/490369) Through traffic will not be carried during construction; local access only. (Council approval date 08-09-94) (District VI) d. Old Town Street Improvements Phase III, Part 2 - Rock Island from 360' north of First Street to Second Street - $230,108.00. (472-82475/706010/405155) Through traffic will not be carried during construction; local access only. (Council approval date 06-21-94) (District VI) Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 5 to 0. (Kamen, Rogers; absent) STATEMENTS OF COST STATEMENTS OF COST. a. (Second Partial) Downtown Parking Lot Improvements (various locations) - $180,000.00. (Less first partial estimate of cost - $160,000.00) Financing to be issued at this time - $20,000.00. (790840/435115) b. (Third Partial) Parking Lot southwest of Rock Island and Waterman - $590,000.00. (Less second partial estimate of cost - $280,000.00; less financing previously issued - $280,000.00) Financing to be issued at this time $30,000.00. (790683/435099) c. (First Partial) Improving the 13th Street Bridge over the Arkansas River and 13th Street from Perry to McLean Boulevard - $1,000,000.00. Financing to be issued at this time - $1,000,000.00. (472-82233/715326/415046) d. (First Partial) Railroad track improvements at the following locations (1994 Railroad Crossing Program, Phase II): Meridian, north of Orient Blvd Pawnee at Mead Waco, north of Douglas Murdock at Washington 17th Street, east of Topeka West Street north of Zoo 17th Street, east of Santa Fe Ninth Street at Mead 17th Street at Mead Piatt, south of Murdock 17th Street at Washington Grove, south of Murdock Old Airport Road, south of Kellogg Green, north of Murdock McCormick, east of West Street Ninth Street at Holyoke First Street, east of Waco 47th St. South, west of Water Maize Road, south of Kellogg First Partial Estimated Cost - $65,000.00. Financing to be issued at this time - $65,000.00. (472- 82528/710152/410066) e. (First Partial) Central Business District Signalization Program (DESIGN ONLY) - $20,000.00. Financing to be issued at this time - $20,000.00. (472-82503/710145/410065) f. (Second Partial) Streetscape improvements to William from Market to Broadway, Market from William to Douglas and Broadway from William to Douglas adjacent to the State Office Building and connecting to proposed improvements on Douglas - $1,008,000.00. (Less financing previously issued - $800,000.00) Financing to be issued at this time - $208,000.00. (472-82435/705962/405150) g. (Second Partial) Improving Waterman between Commerce and Washington - $180,000.00. (Less first partial estimate of cost - $140,000.00) Financing to be issued at this time - $40,000.00. (472-82340/705657/405119) h. (Amended Second Partial) Museum District, DESIGN ONLY - $280,000.00. (Less financing previously issued - $250,000.00) Financing to be issued at this time - $30,000.00. (472-82176/790311/435062) Motion -- Knight moved that the Statements of Cost be approved and filed. Motion -- carried carried 5 to 0. (Kamen, Rogers; absent) PETITION PETITION FOR PAVING, SANITARY SEWER, AND WATER DISTRIBUTION SYSTEM TO SERVE PART OF MEADOW OAKS ADDITION (SOUTH OF 29TH STREET NORTH, EAST OF OLIVER) Agenda Report No. 95-340. The signature on the petitions represents 100% of the ownership in the improvement districts. Meadow Oaks Addition was platted in July 1993. The first phase of development was completed in the fall of 1993. The developer has submitted new petitions to reconfigure the next phase to improve access and visibility. The estimated project costs are: $515,000 for paving, $148,000 for sanitary sewer, and $118,000 for the Water Distribution System. The funding source is Special Assessments. Motion -- Knight moved that the petitions be approved and the Resolutions be adopted. -- carried Motion carried 5 to 0. (Kamen, Rogers; absent) RESOLUTION NO. R-95-189 Resolution of findings of advisability and Resolution authorizing construction of water distribution system number 448-88732, Meadow Oaks Addition (south of 29th Street North, east of Oliver) 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 5 to 0. Yeas: Cather, Cole, Ferris, Gale, Knight. (Kamen, Rogers; absent) RESOLUTION NO. R-95-190 Resolution of findings of advisability and Resolution authorizing construction of Lateral 63, Main 5, SS #23 (south of 29th Street North, east of Oliver) 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 5 to 0. Yeas: Cather, Cole, Ferris, Gale, Knight. (Kamen, Rogers; absent) RESOLUTION NO. R-95-191 Resolution of findings of advisability and Resolution authorizing improving of Meadow Oaks and Pepperwood from the south line of 28th Street North to the west line of Edgemoor Circle; Edgemoor Circle from the north line of Pepperwood to and including the cul-de-sac; Pepperwood Circle from the east line of Edgemoor Circle to the east line of Lot 47, Block 2, Meadow Oaks Addition; Meadow Oaks from the south line of Pepperwood to and including Meadow Oaks Circle; and both Meadow Oaks Courts adjacent to Lots 51 through 54 and Lots 56 through 68 in said Block 2, Project No. 472-82354 (south of 29th Street North, east of Oliver) 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 5 to 0. Yeas: Cather, Cole, Ferris, Gale, Knight. (Kamen, Rogers; absent) BOARDS MINUTES MINUTES OF ADVISORY BOARDS AND COMMISSIONS. Ad Hoc Committee Wichita/Sedgwick County Solid Waste Management, 4/3/95 Board of Appeals of Air Conditioning, Refrigeration, Warm Air Heating and Boilers, joint meeting with Board of Appeals of Plumbers and Gas Fitters, 4/4/95 Board of Code Standards and Appeals, 4/3/95 CPO Coordinating Board, 4/5/95 CPO Northeast Council 1, 4/10/95 CPO North Central 6, 4/12/95 Convention & Tourism Committee, 3/20/95 Sister Cities Advisory Board, 3/3/95 Wichita Airport Authority, 4/3/95 Wichita Commission on the Status of People With Disabilities, 3/29/95 Wichita/Sedgwick County Metropolitan Area Planning Commission, 3/9/95, 2/23/95 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 5 to 0. (Kamen, Rogers; absent) STREET CLOSURES CONSIDERATION OF STREET CLOSURES. Agenda Report No. 95-341. In accordance with Special Event Procedures, event sponsors are to notify adjacent property owners and coordinate arrangements with Staff, subject to final approval by City Council. The following Special Event requests have been submitted: 1. Event: Law Day Equipment Display Date/time of Closure/Use: Thursday, April 27, 1995 (11 a.m. to 1 p.m.) Location: 400 block of Main Street Street Closures: Main Street between Central and Third 2. Event: Sixth Annual Old Town Bar-B-Que Date/time of Closure/Use: Friday-Saturday, May 5-6 (11 a.m. - 6:30 p.m.) Location: Old Town Street Closures: Public Parking Lots on Rock Island and Mosley and adjacent street. 3. Event: March of Dimes Walk America 10K Walk Date/time of Closure/Use: Saturday, April 29, 1995 (10 a.m. - 1 p.m.) Location: Lawrence-Dumont Stadium/Bicycle Path Street Closures: No complete closures Inasmuch as possible, event sponsors are responsible for all costs associated with special events. City Council has authority to close City streets for special events under its municipal "police powers." Motion -- Knight moved that the requests be approved subject to: (1) Event Sponsor notifying every property and/or business adjoining any portion of the streets to be used for the event; (2) coordination of event arrangements with City Staff; (3) hiring off-duty public safety officers as required by the Police Department; (4) obtaining barricades to close the streets in accordance with requirements of Police, Fire and Public Works Departments; (5) submitting a certificate of insurance evidencing general liability insurance which covers the event and its related activities, including the naming of the City as an additional insured with respect to the event's use of the closed City streets. Motion carried -- carried 5 to 0. (Kamen, Rogers; absent) PARALLAX PROGRAM AMENDMENT TO CONTRACT WITH PARALLAX PROGRAM, INC. (District III) Agenda Report No. 95-342. The City contracts with Parallax Program, Inc. for substance abuse services under the Special Alcohol Program. New state (Kansas Department of Social and Rehabilitation Services, Alcohol Drug Abuse Services) mandates for the proposed manager care pilot would require Parallax to meet more stringent Medicare guidelines and also to better address client needs. Parallax, Inc. has requested reduction of the full-time Nurse equivalent position (salary and fringe benefits) and transfer of funds for a part time physician's salary ($12,500) and employee benefits ($956), and increased funds for electricity ($2,691). Performance goals and objectives would not change. The Wichita-Sedgwick County Alcohol and Drug Abuse Advisory Board (ADAAB) reviewed the contract amendment at the April 13, 1995, meeting and recommended approval. Parallax Program, Inc. has not requested additional funds and the overall budget would remain the same. Motion -- Knight moved that the Contract Amendment be approved and the Mayor be authorized -- carried to execute. Motion carried 5 to 0. (Kamen, Rogers; absent) CITY HALL CAFETERIA SELECTION OF VENDOR FOR CITY HALL CAFETERIA. Agenda Report No. 95-343. The City Hall cafeteria is presently being serviced by Wichita Canteen Company. For the past two years, the cafeteria has not generated revenues for the City. A proposal for the cafeteria was sent to 28 vendors. Three potential vendors attended the pre-proposal conference in the cafeteria. There were two bids received for the cafeteria of which Great West Dining offered the best financial terms for the City. Great Western Dining specializes in colleges at this time. Staff has visited their operation at Kansas Newman College. Their menu selection and service was good. Their references have been verified and received very positive and favorable recommendations. The cafeteria selection committee has interviewed Great Western Dining and found them to be very responsive to the needs and concerns of the City. Great Western Dining proposes to pay the City $400 per month. This will generate $4,800.00 of revenue per year. Great Western Dining will not buy the existing tables and chairs in the cafeteria which are owned by Wichita Canteen. They have offered to sell them to the City for $2,245 (137 chairs @ $5 each and 52 tables @ $30 each). Motion -- Knight moved that the vendor selection be approved and the Purchasing Manager be authorized to negotiate a contract with Great Western Dining Service. Motion -- carried carried 5 to 0. (Kamen, Rogers; absent) REHABILITATION ACCs REVISED MODERATE REHABILITATION ANNUAL CONTRIBUTION CONTRACTS (ACCS). Agenda Report No. 95-344. On April 21, 1980, the Wichita Housing Authority executed a fifteen (15) year Annual Contribution Contract for seventy four (74) Section 8 Moderate Rehabilitation units. On May 23, 1982, the Housing Authority executed a fifteen (15) year contract with L.V. Properties for 74 units. The project was completed in five (5) phases, with the ending date for all phases of May 24, 1997. HUD has decided to revise the Mod Rehab ACCs with an effective date of April 1, 1980, and the ending date of October 31, 1997, to accomplish two purposes: First, to move the beginning date of the ACCs to the first of the month; second to cover the extended last date of terms for the five phases of the project. The extended date of the revised ACC will not adversely affect the correct termination of each phase of this fifteen (15) year contract. The execution of these five (5) copies of the Annual Contribution is required to ensure that HUD and the City of Wichita fulfills their obligations to this property owner. Motion -- Knight moved that the Revised Moderate Rehabilitation Annual Contribution Contracts (ACCs) be approved and the Mayor be authorized to sign. Motion carried -- carried 5 to 0. (Kamen, Rogers; absent) EMERGENCY SHELTER GRANT APPLICATION FOR KANSAS EMERGENCY SHELTER GRANT FUNDS. Agenda Report No. 95-345. The State of Kansas receives Emergency Shelter Grant funds under the Stewart B. McKinney Homeless Assistance Act. These funds are in turn awarded to local units of government on behalf of homeless service providers throughout the state. The Kansas Department of Housing and Commerce has issued a Notice of Funding Availability for the 1995 Kansas Emergency Shelter Grant Program (KESGP). Private non-profit agencies are eligible to receive the funds, however the application must be submitted by the local governmental entity. Several agencies have submitted requests to the City for the KESGP funding. The amount of funding available statewide is $903,000. Applications will be reviewed on a competitive basis. The following agencies have submitted requests to be included in the application: Salvation Army $31,875 Catholic Charities $70,750 Harbor House Anthony Family shelter Emergency Assistance Program Victim Advocate Program Center of Hope YWCA Women's Crisis Center $14,665 United Methodist Urban Min. $58,050 InterFaith Inn $46,750 All of the requests are consistent with needs established in meetings of the Homeless Task Force. The City may apply for administrative funds or 2.5%. This amounts to $6,502, and has been included in the application. Motion -- Knight moved that Grant Application be approved and the Mayor be authorized to sign; and the City Manager be authorized to sign a grant award upon approval by -- carried the State. Motion carried 5 to 0. (Kamen, Rogers; absent) (Item No. 16) HOMESTEADING PROGRAM HOMESTEADING PROGRAM. (District I) Motion -- Knight moved that this Item be deferred one week. Motion carried 5 to 0. -- carried (Kamen, Rogers; absent) PROPERTY ACQUISITION ACQUISITION OF 5620 EAST KELLOGG FOR EAST KELLOGG IMPROVEMENT PROJECT. Agenda Report No. 95-347. When the opportunity arises, the City of Wichita acquires right-of-way for the East Kellogg Improvement Project. The opportunity purchases are made if the property is vacant or if the owner makes the initial contact to sell and is willing to sell at the negotiated price offered by the City. One such opportunity is located at the northeast quadrant of Edgemoor and Kellogg. The property address is 5620 E. Kellogg (Reserve D, Block G, in the 2nd Addition to the Village Addition to Wichita, Sedgwick County, Kansas) and is owned by the Kansas District of the Lutheran Church - Missouri Synod. The total site encompassed 6.02 acres. The taking by the City involves the south 150 feet of the property or 64,362 square feet. The property was improved with the Redeemer Lutheran Church which the Seller has razed. A negotiated settlement has been reached for the purchase of this tract at a purchase price of $151,200. This price is predicated on the Seller demolishing all improvements with the City paying $54,622 of the demolition costs. All improvements have been razed. The cost of the site net of demolition equates to $1.50 per square foot. This acquisition has not been approved by the Federal Highway Administration under hardship acquisition stipulations which means the property can be acquired at this time, but without Federal participation. The acquisition will serve as part of the local funds required for the project. Funds have been budgeted in the 1995 Capital Improvement Program. The funding source will be General Obligation bonds paid by local sales tax revenues. A budget of $155,200 in funds includes: $151,200 for acquisition and $4,000 for closing costs, title insurance, survey, operating and maintenance expenses. Motion -- Knight moved that the budget and contract be approved; and the Mayor be -- carried authorized to sign the necessary documents. Motion carried 5 to 0. (Kamen, Rogers; absent) FINANCIAL REPORT CITY OF WICHITA QUARTERLY FINANCIAL REPORT FOR THE FIRST QUARTER ENDING MARCH 31, 1995. Mayor Knight Mayor Knight asked that the Quarterly Financial Reports placed on the City Manager's Agenda instead of on the Consent Agenda, and that the Director of Finance or a representative of the Director of Finance review the Report and clearly identify the condition of the City's financial nomenclature. "In looking through the latest Financial Report, it appears to me as though the format has changed and, from my opinion, it is more complicated, not less user friendly - so that might be a point of discussion in a couple of weeks. But, I think these financial reports are critical to this community. I think one of our major responsibilities, not only as a Council but the professional staff, is to keep the community appraised of its financial condition and give us an opportunity to ask questions to make sure we understand where we are at." Motion -- carried Knight moved that the Item be deferred two weeks. Motion carried 5 to 0. (Kamen, Rogers; absent) IRB - PARK WEST PLAZA EXTENSION OF LETTER OF INTENT - PARK WEST PLAZA. (District V) Agenda Report No. 95-348. On November 1, 1994, the City Council approved the issuance of a Letter of Intent for Elderly Housing Revenue Bonds in an amount not to exceed $4,400,000 to Park West Plaza, L.L.C. Bond sale proceeds will be used to finance the construction of a new assisted living facility. The project consists of the construction of sixty (60) large one bedroom apartments to be known as Park West Plaza Estates to be located near Central and Maize and will employ between 15 to 20 people. The facility will provide quality dining services, housekeeping and linen service, safety features, numerous in-house social activities and scheduled transportation. The residents will also have access to a 3,000 square foot dining room, a library, a coffee/ice-cream parlor, a mail and information center and a variety of rooms for meetings, a game-craft room, an exercise room, a chapel designed to accommodate residents during a storm, an open-air landscaped courtyard and space for music, lectures and films. Park West Plaza is requesting the City Council extend their Letter of Intent for a second 6-month period to November 1, 1995. The extension is requested due to delays with construction and in determining the details of the financing. The extension will allow Park West Plaza to complete the financing of the project. Park West Plaza agrees to pay all costs of issuing the bonds and agrees to the City's administrative fee for the term of the bonds. Costs for extending the Letter of Intent will be included in the costs to issue the bonds. No tax abatement will be granted by virtue of the bond issue. Motion -- Knight moved that an extension of Park West Plaza's Letter of Intent for a six -- carried month period to November 1, 1995, be approved. Motion carried 5 to 0. (Kamen, Rogers; absent) RENTAL VOUCHERS/CERTS. APPLICATION TO HUD FOR RENTAL VOUCHERS/CERTIFICATES. Agenda Report No. 95-348. On March 29, 1995, the Kansas City Department of Housing and Urban Development (HUD) Central Office issued a "Super" Notice of Fund Availability (NOFA) for the Rental Certificate and Rental Voucher program. This "Super" NOFA indicates that for FY95, HUD has approximately $1.2 Billion nationwide in Budget Authority for Rental Vouchers and Rental Certificates. Under the Fair Share Allocation program, the Kansas City area office was allocated $4,081,071 in Budget Authority for Kansas Metropolitan allocation areas. Funds to Housing Authorities could be awarded under two (2) different categories; Fair Share Allocations and Reimbursement for portability units. The NOFA indicates that HUD will execute an amendment to our Annual Contribution Contract (ACC), which could expand Wichita's Section 8 subsidy program by 55 units. Also being requested are funds under the NOFA for an additional seventy-two (72) units. The request is in compliance with the NOFA (55 portables + 72 Certificates/Vouchers = 127). All applications are competitive, and there are no assurances of funding; however, based upon the Regulations, HUD will make an assertive effort to address Reimbursement to Housing Authorities for portable families. Should HUD elect to approve the request for 127 Certificate/Vouchers, the current program would be expanded as follows: 1. Family Self-Sufficiency from 134 to 261 2. Free Standing Section 8 Certificates/Vouchers, unchanged 3. Shelter Plus Care, 150 unchanged The overall program size would be expanded to 1,626 Section 8 allocations. If the one hundred twenty-seven (127) Certificate/Vouchers are approved by HUD, they would generate approximately $595,250 in annual contract authority, also generate approximately $61,859 in administrative fees, which will be sufficient to cover the cost to administer the additional Certificates/Vouchers. Motion -- Knight moved that the FY95 Application for 127 Vouchers/Certificates and -- carried Resolution 95-3 be approved. Motion carried 5 to 0. (Kamen, Rogers; absent) SWB FRANCHISE EXTENSION SOUTHWESTERN BELL TELEPHONE FRANCHISE EXTENSION. Agenda Report No. 95-350. The current five-year franchise agreement with Southwestern Bell expired by its own terms on June 18, 1994, and was extended by the Council until April 19, 1995. Southwestern Bell and the City have been involved in the negotiations for a new agreement and additional time is needed to complete the agreement. This agreement will extend the current agreement until June 21, 1995, or until a new ordinance takes effect, whichever comes first. It also provides that the new payment schedule will begin upon adoption of the ordinance (without the statutory waiting period). Southwestern Bell has agreed to the extension. The agreement was prepared and has been reviewed as to form by the Law Department. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 5 to 0. (Kamen, Rogers; absent) (Item No. 22) V-1903 V-1903 - REQUEST TO VACATE A PORTION OF A BUILDING SETBACK IN AN AREA NORTH OF CENTRAL AND EAST OF BEBE. This Item was continued from April 18, 1995. Motion -- Ferris moved that the public hearing be closed, the vacation be approved as recommended, subject to the dedication of access control, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order be recorded with -- carried the Register of Deeds. Motion carried 5 to 0. (Kamen, Rogers; absent) (Later in the meeting this Item was reconsidered. Action is shown below.) Motion -- Knight moved that Item 22 on the Consent Agenda be reconsidered. Motion carried -- carried 5 to 0. (Kamen, Rogers; absent) Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item. Steve Kelly Steve Kelly, property owner, said he did not want to give up the right to an additional opening (as presently platted) to Central, even though there are no plans to have a second opening to Central. Council Member Ferris Council Member Ferris said the best way to develop the area is probably by expanding the one opening to Central. Everything Mr. Kelly has done along Central seems to be done very well. Inclination would be to support Mr. Kelly's request and the MAPC recommendation if Mr. Kelly would make a public statement that a second opening to Central would be the last resort. Steve Kelly Steve Kelly responded, "That will be a last resort." Council Member Ferris Council Member Ferris said property rights are important. Mr. Kelly's request is insignificant in relationship to what he is trying to accomplish. Motion -- Ferris moved that the public hearing be closed, the vacation be approved as recommended by the MAPC, 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. (Kamen, Rogers; absent) CONDEMNATIONS RESOLUTIONS PERTAINING TO CONDEMNATION OF DANGEROUS AND UNSAFE STRUCTURES. Agenda Report No. 95-351. On April 3, 1995, the Board of Code Standards (BCSA) held a hearing on the following seven (7) 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) 1107 N. Madison (2) 1633 N. Madison (3) 1542 N. Erie (4) 1224 N. Volutsia (5) 1234 N. Lorraine (6) 525 N. Hydraulic (7) 1014 Cleveland 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 placing this matter on the agenda for a Hearing before the Governing Body on June 6, 1995, at 11:00 a.m. be adopted. Motion -- carried carried 5 to 0. (Kamen, Rogers; absent) RESOLUTION NO. R-95-182 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 41 and 43, on Madison Avenue,, in Norris Subdivision of Lot 3, Tarleton's Second Addition of Out-Lots to Wichita, Sedgwick County, Kansas, known as 1107 North Madison, 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 5 to 0. (Kamen, Rogers; absent) Yeas: Cather, Cole, Ferris, Gale, Knight. RESOLUTION NO. R-95-183 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 67 and 69, on Campbell Avenue, now Madison Avenue, in Logan Addition to Wichita, Sedgwick County, Kansas, known as 1633 North Madison, 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 5 to 0. (Kamen, Rogers; absent) Yeas: Cather, Cole, Ferris, Gale, Knight. RESOLUTION NO. R-95-184 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 82 and 84, Mt. Vernon now Erie Avenue, Girard Addition to Wichita, Sedgwick County, Kansas, known as 1542 North Erie, 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 5 to 0. (Kamen, Rogers; absent) Yeas: Cather, Cole, Ferris, Gale, Knight. RESOLUTION NO. R-95-185 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 78 and 80, on Volutsia Avenue, in Fairmount Park Addition to Wichita, Sedgwick County, Kansas, known as 1244 North Volutsia, 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 5 to 0. (Kamen, Rogers; absent) Yeas: Cather, Cole, Ferris, Gale, Knight. RESOLUTION NO. R-95-186 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 62 and 64, on Lorraine Avenue, in Fairmount Park Addition to Wichita, Sedgwick County, Kansas, known as 1234 North Lorraine, 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 5 to 0. (Kamen, Rogers; absent) Yeas: Cather, Cole, Ferris, Gale, Knight. RESOLUTION NO. R-95-187 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 5, Hardy Addition to Wichita, Sedgwick County, Kansas, known as 525 North Hydraulic, 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 5 to 0. (Kamen, Rogers; absent) Yeas: Cather, Cole, Ferris, Gale, Knight. RESOLUTION NO. R-95-188 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lots 11 and 13 on Cleveland Avenue in Getto's Addition to Wichita, Sedgwick County, Kansas, known as 1014 Cleveland, 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 5 to 0. (Kamen, Rogers; absent) Yeas: Cather, Cole, Ferris, Gale, Knight. ORDER OF SUCCESSION ORDER OF SUCCESSION RESOLUTION. RESOLUTION NO. R-95-193 A Resolution establishing the order of succession as mayor of the City of Wichita, Kansas, in the absence from the city of the mayor and the vice mayor, presented. Knight moved that the Resolution be adopted. Motion carried 5 to 0. (Kamen, Rogers; absent) Yeas: Cather, Cole, Ferris, Gale, Knight. ORDINANCE FIRST READING ORDINANCE. McLean Boulevard From Walnut to South of Taft. (District VI) Agenda Report No. 95-352. On March 29, 1994, the City Council approved a design project for McLean Boulevard from Walnut to south of Taft. The Ordinance will provide for this project to be funded by the Local Sales Tax. $300,000 is included in the 1995 Capital Improvement Program (CIP No. CA-9214) Motion -- Knight moved that the Ordinance be placed on first reading. Motion carried -- carried 5 to 0. (Kamen, Rogers; absent) ORDINANCE An Ordinance declaring McLean Boulevard from Walnut to Taft (472-82579) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, introduced and under the rules laid over. ORDINANCES (First reading April 18, 1995) ORDINANCE NO. 42-774 An Ordinance exempting property from ad valorem taxation for economic development purposes pursuant to Article 11, Section 13, of the Kansas Constitution; providing the terms and conditions for ad valorem tax exemption; and describing the property of Nar-Mac Industries, Inc., so exempted, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Kamen, Rogers; absent) Yeas: Cather, Cole, Ferris, Gale, Knight. ORDINANCE NO. 42-775 An Ordinance making a special assessment to pay the cost of unpaid sewer service charges and/or water charges in the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Kamen, Rogers; absent) Yeas: Cather, Cole, Ferris, Gale, Knight. ORDINANCE NO. 42-776 An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, introduced and under the rules laid over, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Kamen, Rogers; absent) Yeas: Cather, Cole, Ferris, Gale, Knight. Z-3164. (The Council reconsidered Item 22 on the Consent Agenda; action is shown with the Item.) EXECUTIVE SESSION Motion -- Knight moved that the Council recess to workshop session and then move to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to pending and potential litigation, and legal advice; and preliminary discussions relating to the acquisition of real property for public purposes; and the regular meeting be -- carried resumed at 1:00 P.M. Motion carried 5 to 0. (Kamen, Rogers; absent) RECESS Council recessed at 9:50 A.M., moved to Executive Session at 11:00 A.M., and returned to regular session at 1:05 P.M. Mayor Knight Mayor Knight announced that no action was necessary as a result of the executive session. Motion -- Knight moved that the Council return to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to pending and potential litigation, and legal advice; and preliminary discussions relating to the acquisition of real property for public -- carried purposes; and the regular meeting be resumed at 1:45 P.M. Motion carried 5 to 0. (Kamen, Rogers; absent) RECESS The City Council recessed at 1:06 P.M. and reconvened at 2:13 P.M. Mayor Knight Mayor Knight announced that no action was necessary as a result of the executive session. OFF AGENDA ITEM PROPERTY ACQUISITION Motion -- carried Cole moved that an Item be brought up off the Agenda. Motion carried 5 to 0. (Kamen, Rogers; absent) Motion -- Cole moved that staff be authorized to bid the total amount of the City's liens, together with the amount of any currently unpaid taxes and the costs of sale, for the real property to be sold at sheriff's sale on April 26, 1995, at 10:00 A.M. in connection with the mortgage foreclosure action brought by Bank IV against John Phillip Kassebaum, et al. (Case No. 94 C 3325) and that staff be authorized to bid the sum of $257,000.00 in addition to the amount of such liens, taxes and costs, which bid may be allocated to individual parcels or to the sale of the -- carried real property in gross. Motion carried 4 to 1. Knight - No. (Kamen, Rogers; absent) ADJOURNMENT The City Council Meeting adjourned at 2:17 P.M. Pat Burnett Deputy City Clerk JOURNAL 158 APRIL 25, 1995 Page