MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, April 1, 1997 Tuesday, 9:10 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cather, Cole, Gale, Kamen, Rogers; present. *Council Member Ferris absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Mayor Knight. 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 March 25, 1997, were -- approved approved 6 to 0. (Ferris absent) AWARDS AND PRESENTATIONS PROCLAMATIONS Mayor Knight presented the Proclamations previously approved. PUBLIC AGENDA COMMENTS BY BEVERLY THORNTON. Vern Thornton Vern Thornton, 2236 West 18th, spoke regarding the Snap-It Program for handicapped parking. Mr. Thornton said the fine for forgetfulness or negligence for forgetting to display a handicapped parking permit exceeds the amount for other traffic violations by as much as 600 to 1,000 percent. Mr. Thornton said Shirley Younce, Administrator of the Snap-It Program, had asked him to serve on a committee to study and work on the Snap-It Program if it is to be changed. Mr. Thornton stated that he rode five hours with Ms. Younce and had visited with several persons with disabilities who were violators. In every instance, the violators said they hoped receiving a ticket would help them remember to place the placard in the window in the future but that was no guarantee of improved memory. Mr. Thornton said, "When we have the ability to remove those inequities that surround us at times and do not do it, that is when we live in an unfair world." Mr. Thornton asked to be pointed in the direction needed to get the ordinance changed. Mayor Knight Mayor Knight stated that he thought well-meaning people had lost site of the goal of having handicapped parking available for those with disabilities needing parking. Mayor Knight said he is willing to revisit this matter in the next month or so; that he had no problem making securing a permit more difficult; and that he would not have a problem increasing the fines for those who should not be parking in a handicapped stall. Council Member Kamen Council Member Kamen said the disabled should be treated like everyone else. Other kinds of tickets can have amendments. The Snap-It Program should be continued but changed. Council Member Cather Council Member Cather said the goal was to make parking available for the handicapped. Perhaps it might be possible to go to a system of license tags on vehicles only. This would not require remembering to place a placard in the window. Mayor Knight Mayor Knight said thought ought to be given to placing the Snap-It Program on the agenda again. Now is the time to transition to judicial over-sight of the program. Zero tolerance does not make sense. Council Member Kamen Council Member Kamen stated that many of those with disabilities do not want handicap license tags as they feel it marks them marked as disabled and makes them vulnerable. Council Member Rogers Council Member Rogers said license plates are not for those who need temporary handicap parking space. One of the arguments given, when the zero tolerance ordinance was adopted, was that the judges were summarily dismissing too many of the tickets and that there was no way of ascertaining whether a person was driving using someone else's car or placard. It seems like that part of the ordinance could be looked at and amended in a logical kind of way by devising a method circumscribing some circumstances under which the judges might have authority to dismiss. It seems that if a person forgets a placard that could be one of the reasons and not all of the other reasons. UNFINISHED BUSINESS *Council Member Ferris present. BIOSOLIDS AWARD OF BID FOR TRANSPORTATION OF BIOSOLIDS - WATER AND SEWER DEPARTMENT. Continued from March 25, 1997. WATER & SEWER DEPARTMENT/SEWAGE TREATMENT: TRANSPORTATION OF BIOSOLIDS AS PER SPECIFICATIONS A-Plus, Inc. Item 1 - $ 2.50 Per Ton Item 2 - $ 3.07 Per Ton Item 3 - $ 3.48 Per Ton Item 4 - $ .13 Per Ton Per Mile Item 5 - $62.00 Per Hour Item 6 - $22.00 Per Hour Council Member Rogers Council Member Rogers said he had looked at this matter and that the City Attorney had checked into complaints that had been made. The investigation made it clear that selection can be made strictly by the law and that still leaves a large area of subjectivity when it comes to awarding of contracts. The City Attorney, with his extensive investigation, has gone as far as possible towards making these things as fair and equitable as possible. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- carried Rogers moved that the Contract be awarded. Motion carried 7 to 0. NEW BUSINESS RIVERSIDE HOSPITAL PUBLIC HEARING AND ISSUANCE OF HOSPITAL FACILITIES IMPROVEMENT AND REFUNDING (Item No. 3) REVENUE BONDS - RIVERSIDE HEALTH SYSTEMS, INC. (Districts V and VI) Motion -- Knight moved that this Item be deferred until later in the meeting. Motion -- carried carried 7 to 0. (Later in the meeting the Council returned to this Item and action is shown below.) Allen Bell Director of Financial Projects reviewed the Item and said the actual amount of the bonds would be $23,350,000.00. Agenda Report No. 97-278. On April 16, 1996, the City Council approved the issuance of a Letter of Intent for Hospital Facilities Improvement and Refunding Revenue Bonds, in an amount not-to-exceed $35.0 million, for a five-year term to Riverside Health System, Inc. for the construction of two family practice clinics and a retirement community complex and to refund all outstanding balances of prior bond issues. Riverside did not request a property tax abatement because of the 501(c)(3) status of the hospital. Riverside Health System, Inc., is a Kansas corporation chartered in 1947 as a non-profit corporation. Riverside is licensed for 125 acute care beds and maintains a staff of 225 physicians. Riverside is also a teaching hospital providing post-graduate training to 216 physicians of whom 75% have chosen to practice in Kansas. Riverside operates nine family practice clinics located throughout the City of Wichita, Sedgwick County and surrounding counties. Riverside's Letter of Intent was issued to refund all outstanding balances of prior bond issues; to construct a retirement community complex; and to construct two new family practice clinics. It was anticipated that the bonds would be issued in more than one series over a five-year period. Since the letter of intent was issued, however, the design of the project has changed somewhat. Now it is contemplated that bond proceeds from this issue of bonds, to be issued in two series, will be used to refund certain outstanding issues; to construct a 32-apartment independent living facility and a 51-unit, three-story assisted living facility; and to construct three new family practice clinics to be located at 1235 N. West Street; at 135th and West Maple and at 9000 West Central. Further, Riverside now proposes to provide for the possibility of including certain land, not disclosed in the original site plan, as part of the Project. Specifically, Riverside is currently negotiating to acquire additional land near its West River Plaza campus which, if acquired, will be used to provide space for the hospital's preferred site plan for its Riverside Retirement Community. If the preferred site plan is used, approximately $1.7 million of the bond proceeds will be used to make required site and infrastructure improvements necessary for location of the Retirement Community. If the Retirement Community is built exclusively on the land already owned by the Corporation, the proceeds of the Series 1997 Bonds which would have paid for land and infrastructure improvements will be used to begin Phase II of the Retirement Community. The bonds will be underwritten by Stifel, Nicolaus and Company of Wichita. The firm of Hinkle, Eberhart & Elkouri, L.L.C. will serve as bond counsel in the transaction. The project will be financed by bond proceeds and corporate funds. Riverside, over and above the physicians on staff, currently employs approximately 650 people and anticipates adding another 130 plus employees upon completion of the project. Riverside has a current approved EEO/AA Plan on file with the City's Human Resources Department. Riverside agrees to pay all costs of issuing the bonds and agrees to pay the City's $2,500 annual IRB administrative fee for the term of the bonds. Riverside is not requesting a tax abatement of ad valorem property taxes on the project because they are already entitled to exemption from taxes by virtue of their status as an exempt organization under Section 501(c)(3) of the Internal Revenue Code. 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 Letter of Intent be amended to include acquisition/remodel of a third family practice medical clinic and acquisition of additional land; and the Bond Ordinance be placed on first -- carried reading. Motion carried 7 to 0. ORDINANCE An Ordinance authorizing the city of Wichita, Kansas, to issue its hospital facilities improvement and refunding revenue bonds (Riverside health System, Inc.) in two series in the aggregate principal amount of not to exceed $23,350,000 for the purpose of refunding certain outstanding hospital revenue bond issues and constructing and equipping certain retirement facilities and medical clinics; prescribing the form and authorizing execution of a bond indenture by and between the City and the Southwest National Bank of Wichita, in the City of Wichita, Kansas, as bond trustee; prescribing the form and authorizing the execution of a lease agreement by and between Riverside Health System, Inc., and the city; prescribing the form and authorizing the execution of an escrow trust agreement by and among the City, Riverside Health System, Inc., and the Southwest National Bank of Wichita, in the city of Wichita, Kansas; and authorizing the execution of a bond purchase agreement by and among the City, Riverside Health System, Inc., and Stifel, Nicolaus & Company, Incorporated, as purchaser of the bonds, introduced and under the rules laid over. GROENDYKE TRANSPORT PUBLIC HEARING AND TAX EXEMPTION REQUEST - GROENDYKE TRANSPORT, INC. (District VI) Motion -- carried Cole moved that this Item be deferred two weeks. Motion carried 7 to 0. GREENWICH ROAD RECONSTRUCTING GREENWICH ROAD FROM KELLOGG TO CENTRAL. (District II) Steve Lackey Director of Public Works reviewed the Item. Agenda Report No. 97-280 On July 2, 1996, the City Council approved a project to undertake the design of widening improvements to Greenwich Road between Kellogg and Douglas. The project is being jointly funded by Sedgwick County because half of the one-mile section is outside of the current city limits. The project was moved forward because of the recent rapid growth and expansion at Raytheon Aircraft Company. Raytheon has now requested that the design be expedited and that construction of the project be completed in 1998. Raytheon provided the following information in support of the request: Employment at Raytheon has increased from 5,500 to 7,500 in the last two years. Employment is expected to increase by another 700 as soon as qualified personnel can be hired. Raytheon has made a commitment to spend $150,000,000 to upgrade facilities and purchase additional equipment and machinery. Construction of a new 8,000-foot runway will be completed this fall. Most of Raytheon's recent, current and future expansion plans are to move employees and facilities east of the runway and locate them near or adjacent to Greenwich Road. A new 191,000-square-foot, $11,500,000 Trainer Systems Division building that will house several hundred people to work on the JPATS program is being constructed. It will be located adjacent to Greenwich Road. A new $10,000,000 Delivery Headquarters building will also be built adjacent to Greenwich Road. The year 2020 Transportation Plan indicates that Greenwich Road should be constructed to a four-lane width. A traffic count taken in February 1996 indicated that Greenwich was carrying about 9,000 vehicles per day. Volumes are expected to continue to rise to about 20,000 vehicles per day by the year 2020. The Capital Improvement Program does contain a project to reconstruct Greenwich Road. Because of the current traffic concerns and the expected growth in traffic related to Raytheon's expansion plans, staff recommends that the City Council approve funding the City's share of the project in 1998. The total cost of the project is estimated to be $2,000,000. The City's share is estimated to be $1,000,000. Staff recommends that the $1,000,000 needed in 1998 be shifted from the 1998 Intersection Recon/Safety Improvements project. The funding source is General Obligation Bonds. Mayor Knight Mayor Knight inquired if anyone wished to be heard. A representative from Raytheon asked the City Council to support the project. Motion -- Kamen moved that the Ordinance be placed on first reading. Motion carried -- carried 7 to 0. ORDINANCE An Ordinance declaring Greenwich Road, from Kellogg to Central Avenue (472-82738), 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. DOWNTOWN ASSET STRATEGY DOWNTOWN ASSET MANAGEMENT STRATEGY. Council Member Cole Council Member Cole reviewed the Item. Agenda Report No. 97-281. On December 17, 1996, the City Council approved the contract with the Wichita Downtown Development Corporation (WDDC) to provide services for the redevelopment of City-owned property located in the core area. The WDDC engaged the services of Gruen-Gruen Associates to assist in the development of a property asset management strategy involving city-owned property. The strategy was presented to the City Council in workshop session on March 25, 1997. The proposed strategy, whose development involved extensive consultation with local groups and professionals with an interest in downtown redevelopment, focused on six distinct areas within the core area: _ East Bank (between Century II and Kellogg, the River and Main St.) _ Core Area (former Allis Hotel site and environs) _ Kellogg South (south side of Kellogg, between Broadway and Main) _ Ice Rink (land adjacent to Wichita Ice Center) _ North Waco (southeast corner of Central and Waco) _ Carleton School (former BOE building at 402 S. Broadway) The WDDC study concludes that now is the optimal time to be pursuing redevelopment opportunities for City-owned properties because of the City's resurgent economy, although maximizing purchase prices for the land should not be the primary concern in evaluating development opportunities. A combination of flexible pricing and tax increment financing (where applicable), will allow creative projects which can earn higher than prevailing returns, thus maximizing the economic use of the property. The strategy also calls for phased-implementation by starting with solicitations for redevelopment of the East Bank area, including: the area south of Lewis Street; and the area north of Lewis Street. Solicitations will focus on high-quality residential, support retail including a destination restaurant, offices and innovative uses. Proposals will be evaluated using analytic tools proposed by Gruen-Gruen Associates, based on the quality of proposed development projects, and including: value they add to the property and its environs; and level of commitment of the developer to the project. These factors can be expected to most significantly impact the City's economy and image and provide the most positive long-term fiscal benefits to the City. Other properties covered by the strategy will be held for user-driven development opportunities. An open listing system will be established that provides incentive for real estate professionals to work with the WDDC and the City to stimulate transactions resulting in redevelopment of the other properties. The costs of the Asset Management Strategy and its implementation have been provided through a contract with the WDDC. The City Council allocated $100,000 in its 1997 budget to fund the services of the WDDC. The City's contract with the WDDC also calls for the City to pay a 6% fee on real estate transactions completed under the contract, to be shared with real estate brokers involved in the transaction. All WDDC services contemplated in the implementation of the Asset Management Strategy are covered under the Professional Services Contract between the City and the WDDC, dated January 1, 1997. Jerry Jones Jerry Jones, Downtown Development Corporation's Executive Director, said it is DDC's intent to proceed with an open listing system and support. The DDC will work with the workers in the private sector. Mayor Knight Mayor Knight stated that there has to be absolute assurance that there is no inside advantage on any transactions. The development should be appropriate to the convention hotel and Century II. All should be working with the same basic information developed by the DDC. The City and DDC should share with the realtors what is desired for the area. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the Downtown Strategy be approved, and the Wichita Downtown Development corporation be authorized to proceed with implementation. Motion -- carried carried 7 to 0. HISTORIC PRESERVATION GUIDELINES FOR HISTORIC PRESERVATION LOANS/GRANTS. Council Member Cather momentarily absent. Chris Cherches City Manager reviewed the Item. Agenda Report No. 97-282. On January 7, 1997, City Council requested staff develop a criteria or set of guidelines for the use of historic preservation allocations. In requesting this policy, the City Council discussed the benefit of having a more structured process to qualify applications for eligibility and use of CDBG. At the March 25, 1997, City Council Workshop, draft guidelines were reviewed and staff was directed to bring the guidelines to the City Council for formal action. The City Council, acting upon recommendations from the Historic Preservation Board has appropriated Community Development Block Grant funds to be used as a revolving fund and/or grant to assist in the restoration and structural repairs for historic properties. The Board reviews applications for revolving loan funding and makes recommendations to the City Council. Special grants, such as the Orpheum Theater, are usually handled by the City Council. The City Council has suggested a more formal process for allocating these funds as a revolving loan or a special grant. Utilization of CDBG funding requires compliance with applicable HUD guidelines for allocations. The 1997-98 CDBG budget contains an allocation of $100,000 for historic preservation. These funds may be utilized for either a revolving loan or special grants, as approved by the City Council. The Revolving Loan Program currently has $69,719.92 in unexpended funds remaining. Chris Cherches City Manager, responding to questions, said that on Item 8, an indication would be the applicant showing the ability or capability to maintain the property after the grant project is complete. The Historic Preservation Board could make that decision. Regarding the 75 percent maximum on Item 5, said the percentage would be determined by the city Council with the maximum being 75 percent. Council Member Rogers left the Bench. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the guidelines/criteria be approved and they be referred to -- carried the Historic Preservation Board. Motion carried 6 to 0. (Rogers absent) TRAFFIC COURT PROPOSED ORDINANCES PERTAINING TO ADMINISTRATIVE TRAFFIC COURT. Council Member Rogers present. Council Member Kamen momentarily absent. Chris Cherches City Manager reviewed the Item. Gary Rebenstorf Director of Law reviewed the contents of the Ordinances. Agenda Report No. 97-283. The Municipal Court Task Force recommended the adoption of a charter ordinance to establish an administrative traffic court to hear traffic court matters. The recommendation included adoption of procedures to assure that administrative traffic court hearings were conducted in an informal and non-intimidating manner as possible, and in a manner assuring that persons appearing before the administrative traffic court have a reasonable opportunity to present a defense to a traffic charge. The Task Force recommended that an alternative location for holding administrative traffic court hearings be established to relieve the congestion on the Third Floor of City Hall. Also, it was recommended that a procedure for holding hearings be established that reduces overtime for Police Officers and is more convenient for citizens. The hearings should be set throughout the day. And, since a police officer would present his or her side of the case in administrative traffic court, the Task Force recommended not having a prosecutor present at all hearings. Upon approval of the Task Force recommendations by the City Council, an internal Task Team was established to implement the recommendations. The Task Team established general guidelines for implementation of the Task Force recommendations. The Department of Law was charged with drafting the necessary ordinances. The ordinances were drafted to implement the recommendations of the Task Force and the general guidelines of the Task Team. The guiding concept of the administrative traffic court project is to provide a more citizen-friendly traffic court, where an immediate informal hearing can be conducted, and police officer overtime is reduced. Administrative Traffic Court - Administrative Hearing Officer The two charter ordinances establish the administrative traffic court and the powers of the administrative hearing officer by chartering out from numerous state laws and amending existing charter ordinances of the City. The ordinary ordinance under provides the framework of the administrative traffic court: - An administrative hearing officer is appointed by the City Council to preside over the administrative traffic court. The hearing officer serves at the pleasure of the City Council. The hearing officer is an attorney, with administrative and limited powers to dispose of traffic cases. - A prosecutor is present to handle plea bargain of cases and to amend or dismiss cases, where necessary. A judge or hearing officer does not have the authority to amend or dismiss cases. The prosecutor does not participate in the hearings, and there are no attorneys for the defendants at the hearings. - The Administrative Traffic Court will handle the first appearance of almost all traffic cases set for trial (DUI cases will continue to be handled on separate dockets). The Municipal Court Judges will be free from handling traffic case first appearances. - Cases with possible jail time or serious accident cases will be sent by the administrative hearing officer to the judges for trial unless a plea bargain is reached at the first appearance. - The defendant is required to select early in the process to pay a traffic ticket or set it for hearing before the administrative traffic court. - If the defendant chooses to waive the right to an attorney and a trial before a judge, there is an immediate informal hearing on the ticket. The police officer provides evidence of the traffic violation and the defendant presents his or her defense. - The police officer is available because designated court dates are established when the officer writes the ticket. Instead of having to attend several traffic court dockets during a month, a police officer attends a designated administrative traffic court date. - The administrative hearing officer may impose fines for persons found guilty of the offense, as well as other sentencing options available for non-jailable offenses. - If the defendant is found guilty there is a right to appeal directly to the state district court (there is no intermediate appeal to a municipal court judge) - The advantage of the administrative traffic court is that the defendant and the police officer only appear one time for the case, the hearing takes place on the same day as the first appearance, and the hearing is informal. - If the defendant declines the administrative hearing process, the case is forwarded for a formal trial to a municipal court judge. Administrative Traffic Court - Municipal Judge Option An option to having an administrative hearing officer is to have a municipal court judge conduct the administrative traffic court. The charter and ordinary ordinances under Tab B implement the administrative traffic court with a municipal court judge instead of an administrative hearing officer. - The judge of the administrative traffic court will have the same jurisdiction, power and authority as a municipal court judge. - The judge of the administrative traffic court will be appointed by the City Council and serve for the same term as a municipal court judge. - The judge of the administrative traffic court will conduct first appearances and arraignments for all violations of Title 11 traffic offenses but would assign those matters not within the authority of the administrative traffic court to the appropriate municipal court dockets. - Cases with possible jail time or serious accident cases will be sent by the administrative hearing officer to the judges for trial unless a plea bargain is reached at the first appearance. - The judge of the administrative traffic court will preside over pleas, conduct sentencings and conduct informal trial of all cases with the authority of the administrative traffic court. - If the defendant is found guilty there is a right to appeal directly to the state district court (there is no intermediate appeal to another municipal court judge) - The same informal procedures for adjudication of traffic matters would be available to citizens appearing in administrative traffic court with a judge presiding. - The benefit of having a judge preside over the administrative traffic court is that the judge would have the same authority as a a municipal court judge, and would be available to handle other matters in municipal court as needed. Although there is a lower salary level for an administrative hearing officer as opposed to a municipal court judge, the salary level was not a concern of the Municipal Court Task Force and was not an issue with the Task Team in going forward with the administrative traffic court recommendation. A reduction in police officer overtime is anticipated because of designated trial dates for police officers. Council Member Ferris momentarily absent. Council Member Rogers Council Member Rogers said he did not feel the administrator should be limited to an attorney. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Harold Flaigle Municipal Court Administrative Judge said that State Statutes require Judges in 1st class cities to be attorneys; and asked that consideration be given to making the position a full-time judge instead of an administrative traffic court judge which would add flexibility to the municipal court system. Gary Rebenstorf Director of Law clarified that because the State Statute cites 1st class cities, the statute is not uniform and is subject to charter ordinance. Mayor Knight Mayor Knight suggested the recommendations be followed, then if it is not working changes or adjustments can be made. Council Member Ferris Council Member Ferris stated that one of the goals is to take some of the pressure off of the existing judges. By setting this up and then evaluating the program, it can be seen whether or not another judge is needed. Council Member Kamen Council Member Kamen said the recommended ordinances should be tried for at least six months before a determination is made to add another judge. Council Member Kamen spoke in favor of the judge being an attorney. Motion -- Cather moved that the Ordinances be placed on first reading; and the proposal be -- carried implemented. Motion carried 7 to 0. CHARTER ORDINANCE A Charter Ordinance amending charter Ordinance No. 90 of the City of Wichita pertaining to judges of the Municipal court and creating the Administrative Traffic Court and the Administrative Hearing Officer by the addition of supplemental provisions, introduced and under the rules laid over. CHARTER ORDINANCE A Charter Ordinance exempting the City of Wichita, Kansas, from the provisions of K.S.A. 12-4106, 12-4113, K.S.A. 12-4204, 12-4209, 12-4301, 12-4302,12-4303, 12-4402, 12-4407, 12-4409, 12-4501, 12-4502, 12-4503, 12-4504, 12-4508, 12-4510, 12-4512, and 12-4513, and amendments thereto; providing substitute and additional provisions on the same subject, relating to the Municipal Court and the code of procedure for the Administrative Traffic Court; amending Charter Ordinance Nos. 163 and 164 by the addition of supplemental provisions relating to the same subject; amending Sections 7 and 8 of Charter Ordinance No. 122 relating to the same subject; and repealing the originals of Sections 7 and 8 of Charter Ordinance No. 122, introduced and under the rules laid over. ORDINANCE An Ordinance creating new Section 1.04.155 of the Code of the City of Wichita, Kansas, pertaining to the Administrative Traffic Court, introduced and under the rules laid over. HUMAN SERVICES PROPOSED ORDINANCE PERTAINING TO THE EXPANSION OF THE HUMAN SERVICES ADVISORY BOARD. Chris Cherches City Manager reviewed the Item. Agenda Report No. 97-284. In 1996, the City Council approved the expansion of the Community Services Block Grant service area to cover Sedgwick County and the City of Wichita. Because of this expansion, the board structure is proposed to be broadened to provide for additional representation in and outside of the City. Certain other modifications have been proposed in the ordinance to clarify the role of the advisory Board and the scope of its responsibilities. In accordance with the Community Services Block Grant Act and the CSBG Policy Manual issued by the Kansas Department of Commerce and Housing, the Board must meet the following criteria: 1. Consist of at least fifteen members. 2. One-third of the board shall be comprised of elected and/or appointed public officials, or their representatives. [Six (6) members] 3. One-Third shall be representatives of low income persons chosen in accordance with approved selection procedures. [Five (5) members] 4. Representatives of business, industry, labor, religious groups, welfare, education, and other groups or interests shall comprise the remainder of the board. [Four (4) Members] The proposed ordinance provides that the low income segment of the board shall be comprised of five members, four elected from quadrants within the City of Wichita and one selected from outside of the City. Likewise one of the elected and/or appointed members shall be from outside the City appointed by the City Council; or, if desired, the City Council may request the Board of County Commissioners to nominate a representative to serve on the board. The purpose of the board will be to advise the City Council in regard to city-wide needs for general services to low income citizens, monitor and evaluate community service block grants designed to serve the low income residents and encourage participation of the low income in programs designed to serve them effectively. The CSBG program currently covers 34 counties and the City of Wichita. The Kansas Department of Commerce expanded the CSBG program in 1996 from counties presently served to 50 counties and intends to eventually include all 105 counties of the State. The State requested the City expand its CSBG program throughout Sedgwick County and continue to serve as a local Community Action Agency. If the City Council does not wish to expand its boundaries for service under the CSBG program it can advise the State to withdraw its designation. The only reason for the expansion of membership of the board is to meet the requirements established with the expanded service area outside of the City of Wichita. The Human Services Advisory Board is staffed by the Human Services Department. Expenses (i.e. mailings, minutes and miscellaneous) are contained in the Human Services budget. Because of the expansion of the Board, costs for postage, etc. are expected to increase. Council Member Kamen momentarily absent. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the Ordinance be placed on first reading. Motion carried -- carried 7 to 0. ORDINANCE An Ordinance amending Sections 2.12.810, 2.12.820, and 2.12.830 of the Code of the City of Wichita, Kansas, pertaining to the purpose, powers and authority, and composition and appointment of members of the Human Services Board, and repealing the originals of said sections, introduced and under the rules laid over. ADDENDUM ITEM RAILROAD STUDY CONTRACT PROPOSED CONTRACT FOR RAILROAD STUDY. Chris Cherches City Manager reviewed the Item. Agenda Report No. 97-302. It was agreed at the Governor's meeting two weeks ago (March 18th) that the State of Kansas and the Union Pacific RR would jointly fund a bypass study so that reliable cost estimates could be determined for comparison with the costs of separations (overpasses/underpasses) through the central rail corridor. The bypass cost estimates are needed prior to the completion of the STB study, now projected for completion by early fall. Accordingly, staff has solicited proposals from two qualified engineering firms, HNTB and HDR. Staff of Public Works, Planning and Law met Monday, March 31st to evaluate the separate proposals. HNTB was selected as the most responsive to the scope of services and is well qualified for this type of study. HNTB will partner with Wilson and Company for this study. The study cost will be $174,000. The contract is for a cost-plus fixed fee arrangement and to be completed within four months. The funding for this study will be split (50/50) by the State and the Union Pacific RR. No funds from the City of Wichita will be used for this study. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that Staff be authorized to negotiate a contract with HNTB and -- carried initiate the railroad study. Motion carried 7 to 0. CITY COUNCIL AGENDA MAYOR KNIGHT'S TRAVEL APPROVAL OF MAYOR KNIGHT'S TRAVEL ON JUNE 20-23, 1997, TO ATTEND THE U.S. CONFERENCE OF MAYORS; AND, TRAVEL IN APRIL, 1997, TO ATTEND THE PRESIDENTIAL SUMMIT IN PHILADELPHIA. Motion -- Ferris moved that the travel expenses be authorized. Motion carried -- carried 6 to 0. (Knight abstained) APPOINTMENTS APPOINTMENT TO COMMISSION ON THE STATUS OF PEOPLE WITH DISABILITIES. One appointment (Kamen), for a term expiring June 30, 1997. Motion -- Kamen appointed Vern Thornton, 2236 West 18th, and moved that the appointment be -- carried approved. Motion carried 7 to 0. NOTICE OF VACANCY - SISTER CITIES ADVISORY BOARD. One vacancy (Knight), due to the resignation of Ray Denton, for a term expiring June 30, 1997. The appointment will be made April 15, 1997. NOTICE OF VACANCY - WICHITA AIRPORT AUTHORITY. One vacancy (Cole), due to the nonattendance of Linda Ayala, for a term expiring June 30, 1997. The appointment will be made April 15, 1997. NOTICE OF VACANCY - WICHITA EMPLOYEES' RETIREMENT BOARD. One vacancy (Ferris), due to the nonattendance of Terry Fry, for a term expiring June 30, 1997. The appointment will be made April 15, 1997. PROCLAMATIONS PROCLAMATIONS. -- Mothers Against Violence Week -- Stroke Awareness Month Motion -- carried Knight moved that the Proclamations be authorized. Motion carried 7 to 0. CONSENT AGENDA Knight moved that the Consent Agenda, except Item 17, be approved in accordance with the recommended action shown thereon. Motion carried 7 to 0. BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED MARCH 31,1997. At 10:00 a.m., Friday, March 28, 1997, pursuant to advertisements published, bids were received, publicly opened, read aloud and tabulated for the Board of Bids and Contracts: (Ref: Bid analysis report attached to Board of Bids Minutes March 31, 1997.) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS 1997 Contract Maintenance Preparatory Curb and Gutter Repair and Miscellaneous Concrete Repair Phase I at various locations. (132258/112000) Traffic to be maintained through construction. (Council approval date 03-04-97) (District all) McFadden Construction - $128,940.00 (Engineer's Construction Estimate) Rock Road, 43rd to 45th Streets North (Rock & 45th St. No.). (472-82700/706465/405200) Street to be closed during the construction. Temporary access coordinated with the adjacent properties shall be approved by the Construction Engineer. (CC approval 9-10-96) (District II) Cornejo & Sons - $96,412.50 Sanitary Sewer Rehabilitation, 1997 College Hill, Phase I (s. of Douglas, west of Belmont). (468-82685/621557/533266) Traffic to be maintained through construction using flagpersons and barricades. (Council approval 7-18-95) (District II) Municipal Pipe Tool - $90,900.00 Lining 595 feet of existing 10 and 12 inch diameter sewer lines in Civic Center Place from north of Douglas to south of First (north of Douglas, east of Waco). (468-82687/621631/533274) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 1- 7-96) (District VI) Insituform Plains - $22,520.00 Lining 313 feet of existing 8 inch diameter sewer line in 9th east and west of St. Francis, and rehabilitating four manholes (south of 13th, east of Broadway). (468-82673/621516/533262) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 1- 7-96) (District VI) Insituform Plains - $18,294.00 Rehabilitating 1789 feet of 8 inch diameter sewer line, including one point repair and raising one manhole with new ring and cover east of Bluff, north of 21st (north of 21st, east of Hillside. (468- 82686/621649/533275) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 1-7-96) (District I) Insituform Plains - $51,092.00 Dump #9/Meridian Park (21st & Meridian). (136002) Does not affect existing traffic. (Council approval date 6-11-96) (District V) Bergkamp Construction - $176,435.00 1997 Contract Maintenance Micro-Surface Seal of Arterial Asphalt Streets (various locations). (132274/112000) Traffic to be maintained through construction. (Council approval date 3-4-97) (District all) Ballou Construction - $131,100.00 (Engineer's Construction Estimate) 1997 Contract Maintenance Surface Milling and Asphalt Overlay of Arterial Streets, Phase I to serve Willow Bend Addition (Rock Road north of 37th Street North). (132282/112000) Traffic to be maintained through construction. (Council approval date 3-4-97) (District all) Ritchie Paving - $199,560.00 (Engineer's Construction Estimate) Water Distribution System to serve Webb Road Commercial Addition (south of 21st, west of Webb Road). (448-89043/733659/470443) Does not affect existing traffic. (Council approval date 5-21-96) (District II) KC Excavating - $38,072.00 Water Distribution System to serve Rocky Creek Addition (north of 13th, east of 127th Street East). (448-89094/733618/470439) Does not affect existing traffic. (Council approval date 12-17-96) (District n/a) Mies Construction - $59,339.00 Lateral 9, Main 17, Southwest Interceptor Sewer to serve Forest Lakes Addition (north of 29th, west of Ridge). (468-82307/743013/480390) Does not affect existing traffic. (Council approval date 4-6-93) (District V) Associated Construction - $80,268.00 Dry Creek Interceptor Sewer, Phase I, Part B (east of Oliver, from Harry to Douglas). Does not affect existing traffic. (Council approval date 09-26-95) (District II & III) (468-82541/632414/533-316) Wildcat Construction Company - $4,271,417.90* *Waive the irregularity as it pertains to signature requirements. Knight moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign for the City. Motion carried 7 to 0. WATER & SEWER DEPARTMENT/WASTEWATER TREATMENT: NEW ELECTRICAL SWITCHGEAR & SHAFTLESS CONVEYOR ELECTRICAL INSTALLATION (632166)AS PER SPECIFICATIONS Shelley Electric, Inc. - $262,475.00 (Total Net Base Bid) Alternate #1 - $28,100.00 Alternate #4 - $62,525.00 (Add) Alternate #5 - $ 5,520.00 (Add) PUBLIC WORKS DEPARTMENT/MAINTENANCE: TRAFFIC LOOP DETECTOR SEALANT AS PER SPECIFICATIONS RAI Products - $10.00 Per Quart Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid. Motion carried 7 to 0. (Item No. 17) LICENSE APPLICATIONS APPLICATIONS FOR LICENSES. Council Member Cather Council Member Cather asked that the routine checks be made on the escort services licenses before approval. Escort Services. Lisa Ann Sparks Fantasy Selections 958 W. 13th Stacey Henry Midnight Express 902 N. West Ste. 9 Retail Cereal Malt Beverages. Renewal 1997 (Consumption on Premises) Isabel Salome Angela's Cafe* 10901 E. Kellogg (Consumption off Premises) Lester L. Koehler Annex Carry Out729 E. Boston Special Event Hoakim Hoang Tu Thai Binh-4/19/971530 W. 21st David K. Oxley Oxley Enterprises/ Ann Party-5/17/97220 W. Douglas David K. Oxley Oxley Enterprises/ Old Town Block Party- 5/14/971210 E. Douglas David K. Oxley Oxley Enterprises/ DownTown Celebration- 5/10/97220 W. Douglas *General Restaurant-Beer Sales derive less than 50% of gross revenues. Motion -- Cather moved that the licenses, except the escort licenses, be approved subject to staff review and approval; and the escort licenses be deferred until the -- carried routine checks are completed. Motion carried 7 to 0. PLANS AND SPECS. PLANS AND SPECIFICATIONS. a. 1997 Contract Maintenance Chip Seal of Residential Streets. Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 3-4-97) (District I, III, IV, VI) (131-607) b. 1997 Contract Maintenance Residential Concrete Reconstruction, Phase I. Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 3-4-97) (131-715) c. 1997 Contract Maintenance Surface Milling and Asphalt Overlay of Arterial Streets, Phase III, joint repair on 13th Street North (13th Street North between Tyler Road and Maize Road). Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 3- 4-97) (District V) (132-282) d. 1997 Contract Maintenance Arterial Concrete Reconstruction Phase I. Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 3-4-97) (132-357) e. 1997 Contract Maintenance Bridge Deck Resurfacing (Central Avenue over the Canal and northbound K-15 over the Canal). Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 3-4-97) (District I & III) (132-449) f. Tennis Courts in MacAdams Park (I-135 & 13th Street North). Does not affect existing traffic. (Council approval date 3-18-97) (District I) (472-82799/785618/440-092) g. Installation of approximately 6,800 feet of 16" Water Main in Harry Street (1,200 feet east of Greenwich Road to 2,750 feet east of 127th Street East). Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 1-7-97) (District county) (448-89045/633529/544-546) h. 1997 Storm Water Utility Drainage Program to serve Bluff, north of 21st Street (east of Hillside, north of 21st Street). Does not affect existing traffic. (Council approval date 2-4-97) (District I) (468- 82679/660290/561-604) 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 11, 1997. Motion carried 7 to 0. i. Kellogg Avenue, Kellogg/Oliver Interchange, grading, surfacing, bridges, fencing, landscaping, lighting, signing, pavement marking, and signalization (Kellogg & Oliver). Traffic to be maintained through construction. (Council approval date 2-25-97) (District II) (702043/401-093) 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 25, 1997. Motion carried 7 to 0. Subdivision Plans and Specifications. a. Water Distribution System to serve The Park Chateau Addition (south of Pawnee, east of Maize Road). Does not affect existing traffic. (Council approval date 3-7-97) (District 5) (448-89123/733717/470-449) b. Water Distribution System to serve Mediterranean Plaza Addition (north of 29th St on Webb Rd). Does not affect existing traffic. (Council approval date 3-13-97) (District 2) (448-89128/733725/470-450) c. Harry, east of Webb. Traffic on Webb Road to be maintained during construction. (Council approval date 2-25-97) (District 2) (448-89112/733733/470-451) d. Lateral 3, Main 18, Southwest Interceptor Sewer to serve Hickory Creek Estates Addition (south of 13th St N, west of 119th St W). Does not affect existing traffic. (Council approval date 3-7-97) (District 5) (468-82682/743047/480-396) e. Dora, Millstead and Dora Ct to serve Lark & Lark 4th Additions (east of 119th St E, south of Kellogg). Does not affect existing traffic. (Council approval date 3-18-97) (District 5) (472-82801/764191/490-522) 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 11, 1997. Motion carried 7 to 0. LIFT STATION PETITION FOR MODIFICATIONS TO A LIFT STATION FOR LATERALS 1 AND 2, MAIN 18, SOUTHWEST INTERCEPTOR (NORTH OF CENTRAL, WEST OF 119TH STREET WEST). (District V) Agenda Report No. 97-285 Developers of property served by an existing sanitary sewer lift station have submitted a petition requesting improvements to the lift station to increase its capacity. The petition budget totals $21,000. the funding source is special Assessments. State Statutes provide that a petition is valid if signed by a majority of property owners or by owners of the majority of the property in the improvement district. Motion -- Knight moved that the Petition be approved, the Resolutions be adopted and the -- carried Mayor be authorized to sign any necessary documents. Motion carried 7 to 0. RESOLUTION NO. R-97-083 Resolution of findings of advisability and Resolution authorizing construction of modifications to lift station for Laterals 1 and 2, Main 18, Southwest Interceptor Sewer (north of Central, west of 119th Street West) (468-82691) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. BOARD MINUTES MINUTES OF ADVISORY BOARDS. Human Services Board, 2/27/97 Metropolitan Area Planning Commission, 2/27/97 Sister Cities Advisory Board, 3/7/97 Wichita Employees' Retirement System, 3/19/97 Wichita Metropolitan Transit Authority, 2/27/97 Wichita Metropolitan Transit Authority Special Meeting, 3/3/97 Wichita Metropolitan Transit Authority Special Meeting, 3/10/97 Wichita Mid-Continent Airport Authority, 3/3/97 Wichita/Sedgwick County Alcohol & Drug Abuse Advisory Board, 3/13/97 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 7 to 0. STREET CLOSURES CONSIDERATION OF STREET CLOSURES/USES. There were no closures/uses considered. WATER MAINS AGREEMENT FOR DESIGN SERVICES FOR REPLACEMENT OF WATER MAINS. (District I, II, III & VI) Agenda Report No. 97-286 On January 14, 1997, the City Council approved a program to provide replacement water mains for the old leaking mains in the water distribution system. On February 20, 1997, the Staff Screening & Selection Committee selected Professional Engineering Consultants, P.A. (PC) to design 121,450 feet of water main in Sleepy Hollow, Linwood, Midtown, South Wichita, Schweiter, Evergreen and Northeast Wichita. An agreement has been prepared. The water mains have been used beyond their design life, are galvanized, and are vulnerable to leaking. Replacement of the 2" mains with 8" and 6" mains provides improved water and fire service to citizens. Payment to PEC will be made on a lump sum basis not to exceed $156,920. Water Utility funds have been designated in the Capital Improvement Program (CIP) for main replacement (CIP No. W-67). Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to sign. -- carried Motion carried 7 to 0. SANITARY SEWER SUPPLEMENTAL AGREEMENT FOR SANITARY SEWER IMPROVEMENTS IN BROADWAY FROM DOUGLAS TO CENTRAL, AND WATER IMPROVEMENTS IN THE INTERSECTION OF MAPLE AND SENECA. (District VI) Agenda Report No. 97-287 On January 28, 1992, the City Council approved an agreement with Municipal Engineers, P.A. to design paving improvements to Broadway Avenue from Douglas to Central, and on October 15, 1996, the City Council approved an agreement with Municipal Engineers to design intersection improvements to Maple and Seneca. The Water Department has requested that Municipal Engineers prepare plans to replace sanitary sewer lines in Broadway from Douglas to Central, and water lines in the intersection of Maple and Seneca. Plans will be prepared so that the replacements can be constructed prior to or in conjunction with construction of the paving improvements. Two Supplemental Agreements with Municipal Engineers for the additional design have been prepared. Payment to Municipal Engineers for the sanitary sewer lines in Broadway will be made on a lump sum basis of $6,500 and will be paid from Sewer Utility Funds included in the 1997 Capital Improvement Program (CIP) # S-4 Reconstruction of Old Sanitary Sewers. Payment to Municipal Engineers for the water lines in Maple and Seneca will be made on a lump sum basis of $4,800 and will be paid from Water Utility Funds included in the 1997 CIP # W-67 Distribution Mains Replacement Program. Motion -- Knight moved that the Supplemental Agreements be approved and the Mayor be -- carried authorized to sign. Motion carried 7 to 0. OAKLAWN IMPROVEMENT CONTRACT RENEWAL - OAKLAWN IMPROVEMENT DISTRICT WHOLESALE SEWAGE TREATMENT. (District III) Agenda Report No. 97-288 The City and the Oaklawn Improvement District entered into a service contract dated May 20, 1975, providing for Wichita's treatment of Oaklawn's sewage discharge. The wholesale sewer service agreement was for a term of 20 years and expired on May 20, 1995. Under the terms of the agreement, sewage discharge from Oaklawn is metered and charges are based on metered flow at the prevailing wholesale rate for treatment of sewage. The Oaklawn Improvement District maintains its own sewage collection system. Wichita provides water to Oaklawn at retail, outside City rates. All customers of Oaklawn are individually metered and billed by Wichita. Wichita collects charges for maintenance of Oaklawn's collection system on its water billings and transfers fees collected to Oaklawn. Sewage effluent from Oaklawn is metered at the point of connection with with Wichita's sewage collection system. A rate per thousand gallons of discharge is assessed to Oaklawn monthly. The contract renewal provides for clarification of some points in the original contract relating to metering and references the need for compliance with provisions of the Clean Water Act. The term of the Contract renewal would be for 20 years. The renewal of this Contract will provide for the continuation of the charges to Oaklawn for sewage treatment at rates currently provided for by Ordinance. In 1996, these charges totaled $64,151. Renewal of the Contract will provide for a legal basis for the continuation of Wichita's treatment of Oaklawn's sewage at rates currently established. Motion -- Knight moved that the renewal of the Wholesale Sewer Contract for the Oaklawn Improvement District be approved and the Mayor be authorized to sign. Motion -- carried carried 7 to 0. GRANT APPLICATIONS EDWARD BYRNE MEMORIAL LAW ENFORCEMENT ASSISTANCE GRANT APPLICATIONS. Agenda Report No. 97-289 The State of Kansas administers the Edward Byrne Memorial Law Enforcement Assistance Grant Program (Byrne Grant), which provides Federal grants to state and local law enforcement agencies to fund programs in 26 designated program categories. The City of Wichita has received funding from the Byrne Grant in the past to fund programs such as the Special Community Action Teams (S.C.A.T.) and Drug Awareness & Resistance Education (D.A.R.E.). The Police Department requests approval to submit applications for Byrne Grant funding for three programs. The first program is for training and computer equipment to improve the Police Department's ability to investigate crimes involving computers such as child pornography and fraud. The second program is for computer equipment to improve the Police Department's ability to conduct crime scene investigations and evidence collection. The third program is for equipment and literature for the Police Department to improve enforcement and community education efforts towards driving under the influence (D.U.I.). Due to volume, only one copy of each application is included. The grant applications request funding in the amounts listed in the table below. The required 25% local match will be funded from the Federal Narcotic Seizure Account. Federal LocalTotal Grant Program Grant MatchCost Computer Crime Investigation $36,904.50 $12,301.50$ 49,206.00 Crime Scene Investigation 16,545.00 5,515.00 22,060.00 D.U.I. Enforcement & Ed. 28,486.00 9,496.00 37,982.00 $81,935.50 $27,312.50$109,246.00 Motion -- Knight moved that the Grant Applications be approved and the Mayor be authorized -- carried to sign. Motion carried 7 to 0. NABISCO, INC. PURCHASE OPTION - NABISCO, INC. (District VI) Agenda Report No. 97-290 On April 21, 1981, the Wichita City Council approved the issuance of $700,000 in Industrial Revenue Bonds, Series VI, 1981, to finance acquisition and equipping of a facility to be leased to and operated by Nabisco, Inc. located at 3737 North Hydraulic. Under the provisions of Sections 17.1 and 17.2 of the Lease Agreement for the bond series, Nabisco, Inc. has the option, if all outstanding bonds have been paid, to purchase the facility from the City of Wichita for the sum of $100. The City of Wichita has received a notice from Nations Bank (formerly Bank IV) that the bonds are to be paid in full as of April 1, 1997. Under the terms of the Lease, the City is required to convey the real property and facility securing the IRB issue to the Tenant, once the Tenant has paid the purchase price and other considerations as listed under the provisions of the Lease Agreement, including the payment of all outstanding bonds. The City expects to receive a check in the sum of $100 from Nabisco, Inc., on April 1, 1997, representing a portion of the purchase price for the facility. The purchase price is $100 and other considerations as listed under the provision of the Lease Agreement to redeem and retire all outstanding bonds. This price includes without limitations, principal, interest, redemption premium, and all other expenses of redemption, and trustee fees, but after the deduction of any amounts described and provided for in the Lease Agreement and available for such redemption. The City is contractually bound to convey the IRB Project property to the Tenant by special warranty deed, once all the conditions established in the Lease have been met. The City Attorney's Office has approved the form of the Resolution to authorize the execution of the Special Warranty Deed and Termination of Lease. Motion -- Knight moved that the Resolution be adopted, the Special Warranty Deed and Termination of Lease Agreement be approved and the Mayor be authorized to sign. -- carried Motion carried 7 to 0. RESOLUTION NO. R-97-082 A Resolution authorizing the city of Wichita, Kansas, to convey certain real property to Nabisco, Inc., and prescribing the form of and authorizing the execution and delivery of certain documents in connection therewith, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. IRB - EVCON INDUSTRIES PURCHASE OPTION - EVCON INDUSTRIES, INC. (District VI) Agenda Report No. 97-291 On March 10, 1981, the Wichita City Council approved the issuance of $600,000 in Industrial Revenue Bonds, Series III, 1981, to finance purchase of machinery to be leased to and operated by The Coleman Company, Inc., located at 3110 N. Mead. The machinery was subsequently sold by Coleman to its subsidiary, Coleman Heating and Air Conditioning Products, Inc. which in turn changed its name to Evcon Industries, Inc. Under the provisions of Sections 13.1 and 13.2 of the Lease Agreement for the bond series, Evcon Industries has the option, if all outstanding bonds have been paid, to purchase the machinery from the City of Wichita for the sum of $100. The City of Wichita on March 14, 1997, received a notice from Hinkle, Eberhart and Elkouri, bond counsel for the transaction and from Nations Bank, Trustee, that the bonds had been paid in full as of April 3, 1997. Under the terms of the Lease, the City is required to convey the personal property securing the IRB issue to the Tenant, once the Tenant has paid the purchase price and other considerations as listed under the provisions of the Lease Agreement, including the payment of all outstanding bonds. The City has received a check in the sum of $100 from Evcon Industries, Inc. which represents the purchase price for the facility. The purchase price is $100 and other considerations as listed under the provision of the Lease Agreement to redeem and retire all outstanding bonds. This price includes without limitations, principal, interest, redemption premium, and all other expenses of redemption, and trustee fees, but after the deduction of any amounts described and provided for in the Lease Agreement and available for such redemption. The City is contractually bound to convey the IRB Project property to the Tenant by special warranty deed, once all the conditions established in the Lease have been met. Motion -- Knight moved that the Resolution be adopted, the Bill of Sale and Termination and Release of Lease Agreement be approved and the Mayor be authorized to sign. -- carried Motion carried 7 to 0. RESOLUTION NO. R-97-084 A Resolution authorizing the city of Wichita, Kansas, to convey certain real property to Evcon Industries, Inc., and prescribing the form of and authorizing the execution and delivery of certain documents in connection therewith, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. EAST BANK CHANGE ORDER - EAST BANK WATER WALK. (District VI) Agenda Report No. 97-292 The East Bank Water Walk project was bid on November 27, 1996. The project was awarded to Eby Construction at a contract price of $3,560,000. This phase of the East Bank Water Walk project will provide riverbank area improvements adjacent to the Hyatt Hotel complex. At the time bids were taken for the project, the design consultant for the project, Gossen Livingston, had not supplied staff final design details and bid quantities. However, to keep the project on schedule with the expected completion schedule of the hotel, it was necessary to proceed with bidding and begin construction as soon as possible. After the contract was awarded to Eby and also during the early phases of construction, various quantity changes and work items were identified which are changes to the initial contract. In addition, two areas of contaminated soil were discovered when excavating for the water wall and for storm sewer line installation. Approval of a Change Order is required so that Eby may be reimbursed for the additional work. The Change Order includes a number of additional items and quantities that the consultant did not include in the initial plans and specifications, allowances for unforeseeable items encountered during construction, and cost savings and reductions that were identified as construction progressed. The Change Order will increase the payment to Eby in the amount $33,430.50. Funds are available in the project budget. The funding source is General Obligation bonds. Motion -- Knight moved that the Change Order be approved and the Mayor be authorized to -- carried sign. Motion carried 7 to 0. SEWER REHAB PROGRAM CHANGE ORDER - S-4 1996 SEWER REHABILITATION PROGRAM RECONSTRUCTING SANITARY SEWERS IN VARIOUS LOCATIONS. (District VI) Agenda Report No. 97-293 During the construction of the section of McLean Boulevard from Kellogg to Seneca, staff realized that there was no sanitary sewer service to the West Bank stage area. Staff from the Engineering Division and the Water and Sewer Department reviewed and evaluated the situation, and determined that it would be prudent to extend two separate sanitary sewer lines to serve this area. The City currently has a contract with W.B. Carter Construction for reconstructing sanitary sewers at various locations. A portion of the sanitary sewer reconstruction work is in the vicinity of the West Bank stage area. Extending the sanitary sewer lines prior to the McLean Boulevard paving in this area will avoid the future expense and disruption of cutting through a paved street. Staff has negotiated a Change Order with W.B. Carter to extend the two sanitary sewer lines, including necessary manholes and connections. The contractor has greed to perform all of the additional work at a cost of $24,003. Funds are available within the sewer utility to pay for the Change Order as a part of the 1997 S-4 Sewer Rehab Program approved January 7, 1997. Motion -- Knight moved that the Change Order be approved and the Mayor be authorized to -- carried sign. Motion carried 7 to 0. PRESBYTERIAN MANORS CITY OF WICHITA REFUNDING AND IMPROVEMENT REVENUE BOND, SERIES IX-A,IX-B AND IX- C, 1990, PRESBYTERIAN MANORS, INC.; EASEMENT REQUEST, CITY OF EMPORIA FACILITIES. (IRB) (District II) Agenda Report No. 97-294 In 1990, the City of Wichita, through a number of interlocal cooperation agreements, issued refunding and improvement revenue bonds to finance or refund previous financing on Presbyterian Manor, Inc. facilities throughout Kansas, including certain facilities in the City of Topeka, As part of the security for repayment of the Bonds, all of the financed facilities were subjected to the lien of the trust indenture, and subjected to certain restrictions on transfer or encumbrances, including easements. However, under the terms of the Lease, it is possible for the City of Wichita to grant or abandon easements under certain conditions, at the request of the Tenant. The Tenant had constructed certain sewer improvements to serve its Topeka facilities, and the City of Topeka expressed a desire to connect to and use those improvements, in exchange for which, the City of Topeka was willing to relieve the Tenant of the burdens of repair and maintenance expenses on the sewer lines at issue. In connection with the arrangement which the Tenant and the City of Topeka seek to implement, the Tenant has requested the City of Wichita to approve a grant of easement on the sewer improvements to the City of Topeka, and also an easement for construction of additional sewer lines by the City of Topeka. The Tenant has advised, and the Tenant and Trustee will certify, that no event of default exists under the Lease. The Tenant will further certify that the granting of the easements will not be detrimental to the proper conduct of the Tenant's business in any manner or degree, and that the granting of the easements will not impair the effective use or interfere with the efficient and economical operation of the Topeka Facility and will not materially adversely affect the security pledged to the payment of the bonds. The grants of easement requested by the Tenant should result in alleviation of the Tenant's financial burdens with respect to sewer maintenance and repair, and have no adverse impact on the security for the outstanding Bonds. Motion -- Knight moved that the Resolution be adopted, approving the Tenant's request to grant the easements requested by the City of Topeka, and also approving the execution, attestation and delivery of documents granting said easements, substantially in accordance with the forms with the Resolution as exhibits, and the execution, attestation and delivery of any further documents reasonably necessary to accomplish the requested grants of easement. Motion -- carried carried 7 to 0. RESOLUTION NO. R-97-085 A Resolution approving the Tenant's request to grant the easements requested by the City of Topeka, and also approving the execution, attestation and delivery of documents granting said easements, substantially in accordance with the forms with the Resolution as exhibits, and the execution, attestation and delivery of any further documents reasonably necessary to accomplish the requested grants of easement, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. 29TH STREET NORTH ACQUISITION OF PROPERTY AT 29TH STREET NORTH AND WOODLAWN. (District I) Agenda Report No. 97-295 On March 4, 1997, the City Council approved the acquisition of property located on the northeast corner of Woodlawn and 29th Street North from Quiktrip Corporation. This parcel is needed to unify ownership of the area surrounding the Great Plains Nature Center. Quiktrip has agreed to sell the property to the City for $150,000. This is significantly less than their basis of $283,000. The original approval indicated that the property acquisition would be funded from the Capital Improvement Program (CIP) for park projects although this specific acquisition was not included in the CIP. Further review of the funding options indicated that a more applicable funding source would be General Fund appropriated reserves. A budget of $155,000 is requested. This includes $150,000 for the acquisition and $5,000 for closing costs. Motion -- Knight moved that the purchase from General fund appropriated reserves be -- carried authorized and the budget be approved. Motion carried 7 to 0. GRANT EASEMENT GRANT OF EASEMENT TO HYATT REGENCY HOTEL FOR ACCESS TO DOUGLAS AVENUE. Agenda Report No. 97-296 On December 28, 1995, the City Council approved various documents pertaining to the development of the wichita Hyatt Regency Hotel and related improvements on the east bank f the Arkansas River in downtown Wichita, by Stormont Trice Corporation and East Bank Hotel Associates (EBHA). This step paved the way to completing the documentation for the private financing component of the project, namely a $15.9 million leasehold mortgage loan from the consortium of local lending institutions and a $5.1 million private equity contribution. On March 12, 1996, the City council authorized the Mayor to sign a Letter of Agreement that the City would grant an easement to the Wichita Hyatt Regency Hotel providing for access to the hotel from Douglas Avenue. The access easement from Douglas Avenue to the north side of the hotel is a requirement of the consortium of local lending institutions and is a condition for funding the $15.9 million loan to EBHA for construction of the hotel. The easement is needed because there are no public streets that directly serve the leased Hotel Land on its north side and there is no access to the north side from the south, due to the proximity of the hotel to the Arkansas River. The only access to the north side of the hotel, where the hotel's loading docks and employee parking are located, is from Douglas Avenue across the service drive that runs along the West side of Century II, between the convention center and A. Price Woodard Park. The proposed easement follows the alignment of the service drive and crosses the public parking on the west of Century II to the hotel's loading dock. The requested action does not increase the City's agreed to contribution of the Hyatt Hotel Project. Motion -- Knight moved that the easement be approved and the Mayor be authorized to sign. -- carried Motion carried 7 to 0. ORDINANCES SECOND READING ORDINANCES. (First Reading 3/25/97) CHARTER ORDINANCE NO. 166 MTA A Charter Ordinance repealing Charter Ordinances Nos. 56, 65, 70, 82, Section 3 of Charter Ordinance No. 106, and Section 3 of Charter Ordinance No. 119 all pertaining to the Wichita Metropolitan Transit Authority, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. ORDINANCE NO. 43-464 MTA Advisory Board An Ordinance creating Sections 2.12.1150, 2.12.1153, and 2.12.1156 of the code of the city of Wichita, Kansas, creating the Wichita Metropolitan Transit Advisory Board, and providing for its bylaws, officers, meetings, and duties, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. ORDINANCE NO. 43-465 Escort Services An Ordinance amending Section 3.07.130 of the code of the city of Wichita, Kansas, pertaining to escort service compliance with other regulations, to establish distance requirements, and repealing the original of said section, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. ORDINANCE NO. 43-466 A 97-9 An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. A 97-9 PLANNING AGENDA V-1983 V-1983 - PUBLIC HEARING: REQUEST TO VACATE UTILITY EASEMENT LOCATED IN AN AREA SOUTH OF MAPLE AND WEST OF 119TH STREET WEST. (District V) Agenda Report No. 97-297. The applicant is requesting the vacation of a utility easement in order to construct an in-ground swimming pool on the west end of this lot. The utility easement was not sued for the development of this site. The applicant has dedicated an alternate easement. City Engineering has indicated that the vacation and easement dedication are acceptable. The vacation request has been reviewed and approved by the Planning Commission, subject to conditions. No members of the public addressed the MAPC in opposition to this request. 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 and no one appeared. Easement Easement dated March 3, 1997, from Mary Ann Rorebeck, for Lot 56, Block B, Maple Valley Addition - a 13 foot easement along the north property line. Motion -- Knight moved that the public hearing be closed, the vacation and easement be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order and the Easement be recorded with the Register of -- carried Deeds. Motion carried 7 to 0. V-2020 V-2020 - PUBLIC HEARING: REQUEST TO VACATE UTILITY EASEMENT LOCATED IN AN AREA WEST OF WEBB ROAD ON EAST 13TH STREET. (District II) Agenda Report No. 97-298 The applicant is requesting the vacation of a utility easement in order to construct a stone fence around the house on this site. The utility easement was not used for the development of this site and remains unused. City engineering has indicated that this vacation is acceptable. the vacation request has been reviewed and approved by the Planning Commission, subject to conditions. No members of the public addressed the MAPC in opposition to this request. 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 and no one appeared. Motion -- Knight 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 7 to 0. V-2022 V-2022 - PUBLIC HEARING: REQUEST TO VACATE UTILITY EASEMENT LOCATED IN AN AREA SOUTH OF 21ST STREET AND WEST OF TYLER ROAD. (District V) Agenda Report No. 97-299 The applicant is requesting the vacation of a utility easement in order to fully develop this area. the easement was originally dedicated for a water service facility. This was never used for this purpose and is now in conflict with the proposed development for this area. city engineering has indicated that this vacation is acceptable. The vacation request has been reviewed and approved by the Planning Commission, subject to conditions. No members of the public addressed the MAPC in opposition to this request. The notice of hearing was published twice and no written protest had been filed. Marvin Krout Director of Planning reviewed the Item for the City Council. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Knight 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 7 to 0. S/D 96-64 S/D 96-64 - PLAT OF THE REGENCY LAKES SECOND ADDITION LOCATED NORTH OF 21ST STREET NORTH AND WEST OF GREENWICH ROAD. (District II) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 97-300. This site has just recently been annexed to the City of Wichita. Petitions, all 100%, have been submitted for sanitary sewer, municipal water, storm sewer and traffic improvements. A Certificate of Petitions has also been submitted. To allow for possible street improvements by the County for adjacent streets potentially being included within the City limits due to annexations in this area, wording has been inserted into the Mayor's signature block concerning formation of a County street improvement district with the city. As required by the drainage plan for this site, a cross lot drainage agreement has been obtained by the applicant. A Planned Unit Development has been established for this site and the applicant has submitted a notice of this use regulation. This site is within the noise impact area of McConnell AFB and an avigational easement and restrictive noise covenant were required. The City also has an ownership interest in this site and needs to sign the plat as to this interest. this plat has been reviewed and approved by the Planning commission, subject to conditions and recording within thirty (3) days. Marvin Krout Director of Planning said there needs to be assurance the easement is obtained through the approval of the plat that will be before the Council in a few weeks. Staff should also be instructed to withhold the recording until the Plat of Regency Business Park is approved. 100 Percent petition for construction of a Water Works System, including necessary water mains, pipes, valves, hydrants, meters, and appurtenances, Project Number 448-89131 (north of 21st Street North, west of Greenwich Road) $163,000 S.A. (Hold for development) 100 Percent petition for construction of Lateral 137, War Industries Sewer, (north of 21st Street North, west of Greenwich Road) Project No. 468-82695 $272,000 S.A. (Hold for development) 100 Percent petition for construction of Storm Water Drain No. 128, Project No. 468-82697 (north of 21st Street North, west of Greenwich Road) $346,000 S.A. (Hold for development) 100 Percent petition for improving of Regency Lakes from the south line of the plat north to the south line of Ayesbury; Ayesbury from the north line of Lot 57, Block 1, east to the northern most line of Lot 21, Block 1; Brandon circle from the south line of Ayesbury south to and including the cul-de- sac; Ayesbury Court from the south line of ayesbury to and including the cul-de- sac; Regency Lakes Courts from the east line of Regency Lakes to and including the cul-de-sacs to serve Lots 1 through 5 and Lots 6 through 11, block 1, and; Regency Lakes Courts from the west line of Regency Lakes to and including the cul-de-sacs to serve Lots 1 through 10 and Lots 11 through 15, Block 3, Project No. 472-82811 (north of 21st Street North, west of Greenwich Road) $503,000 S.A. (Hold for development) Documents Certificate of Petition, Notice of Planned Unit Development PUD, Restrictive Covenant, and Avigational Easement from Chaucer Estates, LLC and Schmidt-McKay Development and Management Group, LLC, by John W. McKay, Jr., Manager. Motion -- Kamen 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; and Staff be instructed to withhold the recording until the Plat of Regency Business Park is -- carried approved. Motion carried 7 to 0. ORDINANCE An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, introduced and under the rules laid over. RESOLUTION NO. R-97-086 Resolution of findings of advisability and Resolution authorizing construction of a Water Works System, including necessary water mains, pipes, valves, hydrants, meters, and appurtenances, Project Number 448- 89131 (north of 21st Street North, west of Greenwich Road) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Kamen moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-97-087 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Drain No. 128, Project No. 468-82697 (north of 21st Street North, west of Greenwich Road) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Kamen moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-97-088 Resolution of findings of advisability and Resolution authorizing construction of Lateral 137, War Industries Sewer, (north of 21st Street North, west of Greenwich Road) Project No. 468-82695 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Kamen moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-97-089 Resolution of findings of advisability and Resolution authorizing improving of Regency Lakes from the south line of the plat north to the south line of Ayesbury; Ayesbury from the north line of Lot 57, Block 1, east to the northern most line of Lot 21, Block 1; Brandon circle from the south line of Ayesbury south to and including the cul-de-sac; Ayesbury Court from the south line of ayesbury to and including the cul-de-sac; Regency Lakes Courts from the east line of Regency Lakes to and including the cul-de-sacs to serve Lots 1 through 5 and Lots 6 through 11, block 1, and; Regency Lakes Courts from the west line of Regency Lakes to and including the cul-de-sacs to serve Lots 1 through 10 and Lots 11 through 15, Block 3, Project No. 472-82811 (north of 21st Street North, west of Greenwich Road) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Kamen moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. Z-3221 Z-3221 - REQUEST FOR ZONE CHANGE FROM "LC" LIGHT COMMERCIAL AND "SF-6" SINGLE- FAMILY RESIDENTIAL TO "LI" LIMITED INDUSTRIAL, LOCATED WEST OF HILLSIDE, NORTH OF CONAMORE (2853 SOUTH HILLSIDE). (District III) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 97-301 The applicant requests a zone change from "LC" Limited Commercial and "SF-6" Single-Family Residential to "LI" Limited Industrial on a 2.32 acre unplatted tract located west of Hillside in an area north of Conamore. The applicant is requesting the zone change in order to expand the existing machine ship, Precision Metalcraft, Inc. Machine shops are first permitted in the GC "General Commercial district, provided that the entire frontage of the ground floor along the principle street frontage is used for office space, display, or wholesale of retail sales, otherwise the use would be permitted in the "LI" district. The zone change would bring the use into conformance and provide the applicant the ability to expand the business more than the 30 percent allowed nonconforming uses on unplatted property. To the south of the application area is an automotive repair shop on property zoned "LC". Across Hillside to the east is another automotive repair shop with "LC" zoning. During the Planning Commission's discussion of this matter on February 27, 1997, questions were asked by area residents concerning the potential use of the western portion of the subject property for industrial uses. In response, the agent for the applicant described Precision Metalcraft's future expansion plans. The agent also outlined the Protective Overlay (P-O) developed with staff, based on the P-O recommended by COP (3), to limit the use of the western portion of the site to accessory parking, warehouse uses, or machine shop uses. The P-O also restricts delivery service and includes screening requirements. After discussion, the MAPC voted (7-0-1) to approve the request with the additional provisions of a Protective Overlay as recommended by staff. Mayor Knight momentarily absent with Vice Mayor Cather in the Chair. Motion -- Cather 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, subject to the additional recommended provisions of a Protective Overlay District, and subject to the condition of platting; and the Planning Department be instructed to forward the Ordinance for first reading when the plat -- carried is forwarded to the City Council. Motion carried 7 to 0. Mayor Knight in the Chair. (The Council returned to Item No. 3 and action is shown in Agenda Order.) EXECUTIVE SESSION Motion -- Knight moved that the Council recess to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to pending litigation and legal advice; and preliminary discussions relating to the acquisition of real property for public purposes; and the regular meeting be resumed no sooner than 11:50 a.m. in the City Council -- carried Chambers. Motion carried 7 to 0. RECESS Council recessed at 11:00 a.m. and reconvened in regular session at 11:52 a.m. Mayor Knight Mayor Knight announced that no action was necessary as a result of the executive session. ADJOURNMENT The City Council meeting adjourned at 11:52 a.m. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 163 APRIL 1, 1997 Page 7