MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, June 6, 1995 Tuesday, 9:07 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; Patricia L. Burnett, Deputy City Clerk; present. The invocation was given by Dee Dee Evans, Chaplain with Hospice, Inc. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. Minutes -- The minutes of the regular meeting of May 30, 1995, were -- approved approved 6 to 0. (Ferris absent) AWARDS AND PRESENTATIONS SERVICE CITATIONS Distinguished Service Citations were presented to the recipients. PROCLAMATIONS Proclamations previously approved were presented. UNFINISHED BUSINESS NORTHEAST LIBRARY DESIGNATION OF CONSTRUCTION SITE FOR NORTHEAST LIBRARY; AND DETERMINATION OF PREFERRED DEVELOPER FOR NORTHEAST AREA SITE. (DISTRICT I) Continued from May 23, 1995. *Council Member Ferris present. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Yolanda Williams Yolanda Williams said the Northeast Branch Library should be constructed between Grove and Madison Streets, not towards Hillside between the Bank IV and Police Substation sites. Ms. Williams asked the Council to heed citizen input. Council Member Rogers Council Member Rogers said District I had held four neighborhood meetings at four different locations and had received citizen input. Citizen concerns were then compiled and remarks were sent back to citizens for additional input. There is an overwhelming need for a new first- class library; and there has been overwhelming opinion expressed that the library should be easily accessible, safe, secure, and have a high probability of maximized use. The site choices were narrowed to the St. Mark Church site and the site between Bank IV and the Police Substation with the latter being indicated by a majority of citizens as the most desirable. Motion -- Rogers moved that the Preferred Developer status to JM Ltd. on the site between -- carried Bank IV and the Police Substation be rescinded. Motion carried 7 to 0. Motion -- Rogers moved that the site between the Bank IV building and the Police Substation be selected as the site for the Northeast Branch Library. Council Member Kamen Council Member Kamen spoke in favor of a 21st and Hillside library location. -- carried Motion carried 5 to 2. Ferris, Kamen - No. Motion -- Rogers moved that design of the project, including an alternate for a possible basement, be authorized; and that staff return with a contract for Council approval. Council Member Cole Council Member Cole suggested the basement alternative be omitted. Chris Cherches City Manager said the architectural fees would increase by approximately $5,000 to $7,000 to add the basement alternative. Amendment -- Rogers, with consent of the second, amended and restated the motion that the design of the project be authorized; and that staff return with a contract for Council approval. -- carried Motion carried 7 to 0. (Later in the meeting the Council returned to this Item. Council Member Rogers absent.) Motion -- carried Ferris moved that an Item be taken up off the Agenda. Motion carried 6 to 0. (Rogers absent) Chris Cherches City Manager explained that the Law Kingdon Architectural firm had previously prepared plans for the Library facility on the St. Marks Church site. Because of the work completed on the plans by Law Kingdon, the firm has agreed that it would complete the plans for a 5 ½ percent fee instead of the normal 7 percent fee. It is recommended that Law Kingdon be selected instead of going through the normal RFP process. Motion -- Ferris moved that Law Kingdon be selected as the architect for design of the -- carried Northeast Branch Library Project. Motion carried 6 to 0. (Rogers absent) OFF AGENDA ITEM NORTHEAST COMMUNITY PROPOSED USE OF ST. MARK'S CHURCH PROPERTY FOR NORTHEAST COMMUNITY HEALTH HEALTH FACILITY FACILITY. Council Member Rogers Council Member Rogers said there is a need for accessible health care in the northeast community. The Black Nurses Association, in conjunction with the Wichita State University, St. Joseph's Hospital, St. Francis Hospital, and other groups began meeting and looking at the possibility of constructing a community health facility that would be basically managed through that consortium. The consortium would like to build a new facility where the present St. Mark's Church is located. Motion -- Rogers moved that the City Manager be authorized to begin negotiations with the group, with the preliminary agreement that the City would donate the land on a deferred payment basis with the specifics to be worked out by Staff. Motion -- carried carried 7 to 0. COLLATERAL AGREEMENT COLLATERAL AGREEMENT WITH VALLEY STATE BANK. This Item was continued from the May 30, 1995, Council meeting. Council Member Ferris Council Member Ferris said his questions had been answered. Motion -- Ferris moved that the agreement be approved and the Mayor be authorized to sign. -- carried Motion carried 7 to 0. NEW BUSINESS RECESS The Council recessed at 9:55 A.M. and reconvened at 10:01 A.M. (The Council took up Item 6 (a) and action on that item is shown in Agenda Order.) VACATION HEARING PUBLIC HEARING: V-1914 - REQUEST TO VACATE MADISON STREET RIGHT- OF-WAY SOUTH OF 21ST STREET NORTH. (DISTRICT I) Council Member Rogers Council Member Rogers declared a conflict of interest and was absent during consideration. Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 95-443. The City, in conjunction with Union National Bank (Commerce Bank) and Mennonite Housing, is redeveloping a site along 21st Street North and either side of Madison. As part of this redevelopment, the site is being replatted. To provide needed area for the improvements being planned, a section of Madison between 21st Street North and Stadium is proposed to be vacated and made part of the site. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Marian Ray Marian Ray spoke against closing Madison which is one of only four streets accessing 21st. Closing Madison would decrease the value of the property because of limited access. Residents would be boxed in. Kohlene Ray Kohlene Ray spoke against closing Madison. Progress is good for the community but the residents would be boxed in. Patty Calloway Patty Calloway, 2202 Shadybrook, spoke against closing Madison. If Madison is closed, accessing 21st would not be convenient and crime would not be eliminated. Also, contrary to what has been reported, there has been no racing on Madison. Tom Bishop Tom Bishop, Mennonite Housing, said the project and parking cannot be done without Madison street and alleys. There is no other alternative to closing. John Polson John Polson said that not one person spoke against the project at the MAPC hearing. Ann Horton Ann Horton said no notice had been received for the MAPC meeting so no one could show up. A two-week notice before public hearings would be appreciated. Bill McKinley Traffic Engineer reviewed traffic numbers at 21st and Grove and 21st and Madison. Lucille Rawlins Lucille Rawlins said a majority of the community is senior citizens and expressed concern that the traffic on 19th Street would keep residents from getting out of their driveways. James Barfield James Barfield said the people want to be heard and that the residents have not had proper notification. There should be an ability to compromise without killing the project. Rev. L.C. Drew Rev. L.C. Drew spoke in favor of the vacation order and of working with residents in the area to meet their needs. Leslie Freyland Leslie Freyland, 2018 North Madison, said there are bus routes in this area and urged the Council to give this matter careful consideration before making a decision. Council Member Ferris Council Member Ferris said traffic would be redirected and diverted to improved streets. Dangerous left- turn lanes onto 21st Street would be eliminated. Council Member Ferris said Mennonite Housing might meet with the neighborhood residents to see whether problems and concerns can be answered. The notice of hearing was published twice and no written protest had been filed. Motion -- Ferris moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order be recorded with the Register of Deeds. Motion carried -- carried 5 to 1. Gale - No. (Rogers absent) Motion -- carried Knight moved that Item 4 be taken up out of order. Motion carried 6 to 0. (Rogers absent) (Action is shown with the Item in Agenda order.) Council Member Rogers present. CONDEMNATIONS CONDEMNATION OF DANGEROUS AND UNSAFE STRUCTURES. Kurt Schroeder Superintendent of Central Inspection reviewed the Item. Agenda Report No. 95-351 A. On April 25, 1995, a report was submitted with respect to the dangerous and unsafe conditions of the buildings located on properties. The Council adopted resolutions providing for public hearings to be held on each of these condemnation actions at 11:00 a.m. on June 6, 1995. Prior to the Board of Code Standards and Appeals (BCSA) hearing, information on these properties was made available to CDC, Mennonite Housing, and several other interested parties for their review. None expressed interest in obtaining the subject properties. On April 3, 1995 the Board of Code Standards and Appeals (BCSA) held a hearing on the following properties: (1) 1107 N. Madison (5) 1234 N. Lorraine (2) 1633 N. Madison (6) 525 N. Hydraulic (3) 1542 N. Erie (7) 1014 Cleveland (4) 1224 N. Volutsia Pursuant to State Statute the Resolutions were duly published twice, on April 26, 1995, and May 3, 1995. A copy of each resolution was sent by certified mail or given personal service delivery to the owners and lien holders of record of each described property. Council Member Ferris left the Bench. Mayor Knight Mayor Knight inquired if anyone wished to be heard and persons were present to speak on Items 1, 2, and 3. Council Member Rogers asked that Item 6 be withheld. Motion-- Knight moved that on Items 4, 5, and 7, the public hearing be closed; the Resolutions declaring the buildings dangerous and unsafe structures be adopted; and the BCSA recommended time frame to alleviate the code violations be adopted. Any extensions of time granted to repair the structures would be conditioned on the following: (1) All taxes have been paid to date, as of June 6, 1995; (2) the structure(s) has/have been secured as of June 6, 1995, and will continue to be kept secured, and (3) the premises are mowed and free of debris as of June 6, 1995, and will be so maintained during renovation. If any of the above conditions are not met, the Office of Central Inspection will proceed with demolition action and also instruct the City Clerk to have the resolutions published once in the official city paper and advise the -- carried owners of these findings. Motion carried 6 to 0. (Ferris absent) RESOLUTION NO. R-95-240 A Resolution finding that the structure located on Lots 78 and 80, on Volutsia Avenue, in Fairmount Park Addition to Wichita, Sedgwick County, Kansas, commonly known as 1224 N. Volutsia, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 6 to 0. Yeas: Cather, Cole, Gale, Kamen, Rogers, Knight. (Ferris absent) RESOLUTION NO. R-95-241 A Resolution finding that the structure located on Lots 62 and 64, on Lorraine Avenue, in Fairmount Park Addition to Wichita, Sedgwick County, Kansas, commonly known as 1234 N. Lorraine, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 6 to 0. Yeas: Cather, Cole, Gale, Kamen, Rogers, Knight. (Ferris absent) RESOLUTION NO. R-95-242 A Resolution finding that the structure located on Lots eleven (11) and thirteen (13), on Cleveland Avenue, in Getto's Addition to Wichita, Sedgwick County, Kansas, commonly known as 1014 Cleveland, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 6 to 0. Yeas: Cather, Cole, Gale, Kamen, Rogers, Knight. (Ferris absent) Motion -- carried Rogers moved that Item (6) be deferred two weeks. Motion carried 6 to 0. (Ferris absent) (1) 1107 North Madison. Council Member Ferris present. Council Member Kamen left the Bench. Kurt Schroeder Superintendent of Central Inspection reviewed the Item. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Mr. Bryan Mr. Bryan asked for 60 days to complete repairs. Motion -- Rogers moved that the public hearing be closed, the resolution declaring the building(s) dangerous and unsafe structures be adopted, 60 days be given to alleviate the findings and any extensions of time granted to repair the structures would be conditioned on the following: (1) any back taxes now due are to be paid and taxes kept current, (2) the structures are to be kept secured, and (3) the premises are to be kept mowed and free of debris; if any of these conditions are not met, staff is directed to proceed to let for bids to demolish the structure; and the City Clerk be instructed to have the Resolution published once in the official city paper and advise the owners of these findings. Motion -- carried carried 6 to 0. (Kamen absent) RESOLUTION NO. R-95-243 A Resolution finding that the structure located on Lots 41 and 43, on Madison Avenue, in Norris Sub-division of Lot 3, Tarleton's Second Addition to Wichita, Sedgwick County, Kansas, commonly known as 1107 N. Madison, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Rogers moved that the Resolution be adopted. Motion carried 6 to 0. Yeas: Cather, Cole, Ferris, Gale, Rogers, Knight. (Kamen absent) (2) 1633 N. Madison Kurt Schroeder Superintendent of Central inspection reviewed the Item. Mayor Knight momentarily absent with Council Member Ferris in the Chair. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Willie Cooper Willie Cooper requested 30 days to complete closing on purchase of the property and an additional 30 days to complete repairs. Motion -- Rogers moved that the public hearing be closed, the resolution declaring the building(s) dangerous and unsafe structures be adopted, 30 days be given to complete closing on the purchase of the property; and an additional 30 days to alleviate the findings and any extensions of time granted to repair the structures would be conditioned on the following: (1) any back taxes now due are to be paid and taxes kept current, (2) the structures are to be kept secured, and (3) the premises are to be kept mowed and free of debris; if any of these conditions are not met, staff is directed to proceed to let for bids to demolish the structure; and the City Clerk be instructed to have the Resolution published once in the official city paper and advise the owners of these findings. Motion -- carried carried 6 to 0. (Kamen absent) RESOLUTION NO. R-95-244 A Resolution finding that the structure located on Lots 67 and 69, on Campbell Avenue, now Madison Avenue, in Logan Addition to Wichita, Sedgwick County, Kansas, commonly known as 1633 N. Madison, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Rogers moved that the Resolution be adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cather, Cole, Ferris, Gale, Rogers, Knight. (3) 1542 North Erie. Kurt Schroeder Superintendent of Central Inspection reviewed the Item. Council Member Kamen present. Willie Cooper Willie Cooper requested 30 days to complete closing on purchase of the property and an additional 30 days to complete repairs. Motion -- Rogers moved that the public hearing be closed, the resolution declaring the building(s) dangerous and unsafe structures be adopted, 30 days be given to complete closing on the purchase of the property; and an additional 30 days to alleviate the findings and any extensions of time granted to repair the structures would be conditioned on the following: (1) any back taxes now due are to be paid and taxes kept current, (2) the structures are to be kept secured, and (3) the premises are to be kept mowed and free of debris; if any of these conditions are not met, staff is directed to proceed to let for bids to demolish the structure; and the City Clerk be instructed to have the Resolution published once in the official city paper and advise the owners of these findings. Motion -- carried carried 7 to 0. RESOLUTION NO. R-95-245 A Resolution finding that the structure located on Lots 82 and 84, Mt. Vernon now Erie Avenue, Girard Addition to Wichita, Sedgwick County, Kansas, commonly known as 1542 N. Erie, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Rogers moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. (Item No. 4) FOP AGMT./SALARY ORD. FRATERNAL ORDER OF POLICE (FOP) AGREEMENT AND SALARY ORDINANCE. Chris Cherches City Manager reviewed the Item. Agenda Report No. 95-444. A bilateral agreement has been reached between the City of Wichita and the Fraternal Order of Police (FOP), Local # 5, for a 3 year contract. The Agreement will be in effect for language changes from April 22, 1995, through December 26, 1997. Compensation issues will be in effect from June 3, 1995, through December 26, 1997. The following changes were negotiated to the 1994 contract for commissioned officers: 1. For detectives, steps G to J were added to the existing A to F pay steps, with 4% between steps A to J. All "F" step detectives move to the new step "H" as of June 3, 1995.. The time between steps for detectives will be 2 years. 2. For Police Officers, steps G to J were added to the existing A to F steps, with 5% between steps A to F and 3% between steps F to J. Police Officers at current step B move to new step C on June 3, 1995. Police Officers at current step C move to new step E on June 3, 1995. Police Officers at current step D move to new step F on June 3, 1995. Police Officers at current step E move to new step H on June 3, 1995. Police Officers at current step F move to new step I on June 3, 1995. Once moving to the new step, officers will remain in that step until June, 1997, when they will move to their next step. 3. The time between steps for Police Officer is 6 months from step A to B, and two years between all other steps. 4. Educational pay will continue under the current contract but is limited to those with degrees in Criminal Justice or Social or Human Services. Additional degrees may be considered based upon the needs of the department and approval by the City Manager. All tuition assistance payments for commissioned officers will be discontinued by the City. 5. Commissioned Officers will now be eligible for longevity pay when they have completed 11 years of service with the City rather than 7 years. Longevity pay to current employees with less than 12 years of service will be discontinued. 6. Commissioned officers will receive a bonus based upon their current pay step as of May 23, 1995. Payments will range from $200.00 to $450.00. Payment will be made on November 22, 1995. To be eligible for this bonus, officers must be employed by the City as of April 22, 1995, and on November 17, 1995. 7. Holiday time will be included as "hours worked" for the purpose of calculating overtime pay. 8. Across the board increases of 3% each for 1996 and 1997 were negotiated. 9. Uniform allowance: A. Uniformed employees may now spend up to $125.00 for the purchase of civilian clothing. B. Any Police Officer who is assigned to a position that requires civilian attire and the assignment is expected to last more than 4 months may spend the entire clothing allowance on civilian clothing. C. Any officer assigned to the SWAT team may make a one time purchase of non-issue SWAT items using up to 75% of their clothing allowance. Thereafter, any officer may use 25% of their clothing allowance for the purchase of non-issue SWAT items. Previously SWAT team members had no clothing allowance for non-issue SWAT items. 10. Commissioned employees who are covered by the FOP agreement, who have left employment with the City and then are rehired as commissioned employees at a later date, will receive credit for previous seniority after 2 years of continuous reemployment. 11. Promotional process and requirements have been added to the contract for detectives and sergeants. 12. For non-commissioned employees, they will retain pay steps A to F and will receive increases similar to the other non-commissioned employees covered by the Service Employees Union. Salary increases will be as follows: ..1% across the board in 1995. ..1.5% across the board in 1996. ..2% across the board in 1997. 13. Shift differential for non-commissioned employees increases from $.20 per hour for second shift and $.30 per hour for third shift to $.40 per hour for second and third shift. 14. Non-commissioned employees will receive a $200.00 bonus. Payment will be made on November 22, 1995. To be eligible for this bonus, employees must be employed by the City as of April 22, 1995, and on November 17, 1995. 15. Holiday time will be included as "hours worked" for the purpose of calculating overtime pay. The cost to the General Fund for implementation of the pay increases of this agreement are approximately $3,886,780. Funding for pay increases will be included in the 1996-97 proposed budget. Tom Burnett FOP Lodge #5 President said the ability to reach agreement would now allow police officers to focus on fighting crime, build community trust, and help attract quality personnel. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the Agreement be approved and the Mayor be authorized to sign; -- carried and the Ordinance be placed on first reading. Motion carried 7 to 0. ORDINANCE Ordinance providing for a uniform schedule of standard pay ranges for all employees of the City of Wichita, repealing Ordinance No. 42-783, introduced and under the rules laid over. EXEMPT. REQUEST PUBLIC HEARING AND TAX EXEMPTION REQUEST - FEDERATED MERCHANDISERS, INC. Chris Cherches City Manager reviewed the Item. Agenda Report No. 95-445. Federated Merchandisers, Inc. (Federated), is a manufacturer of adhesive-backed letters and numbers and specialty signs. Federated also distributes and maintains key duplicating machines, distributes key blanks and distributes a travel bar used to hang clothes in a car. Federated, located at 3525 West Esthner, is requesting a tax exemption on a $255,785 expansion project consisting of the construction of a building addition and the purchase of machinery and equipment. Federated has been engaged in the manufacture of letters, numbers and signs since 1968. Federated has grown from 0 to 28 employees and expects to add another 12 new employees over the next year. The $255,785 expansion project will consist of the following: Construction: A 6,000 s.f. building addition $ 152,485 Purchases: Silk screen machine $ 50,000 Photographic equipment 16,000 Automatic cutters 25,000 Laminating machine 8,000 Silk screen frames 3,000 Air compressor 1,300 Total equipment: $ 103,300 Total project $ 255,485 Under the City's Business Incentives Policy, Federated is eligible for the following: TAX EXEMPTION ELIGIBILITY ELIGIBLE % INCENTIVE EXPLANATION 25.5% New Job Creation: Federated presently employs 28 full-time and up to 20 part-time employees and expects to hire an additional 12 employees within the first year after completion of the project. 4.0% Capital Improvements: Federated will invest approximately $255,485 in purchase of additional personal property. 0% Location Premium: Federated is not located in an area eligible for this incentive. 29.5% Total Business Incentives 29.5% TOTAL ELIGIBLE FOR BUSINESS INCENTIVES (Maximum allowed is 50%) 45.0% Export Premium Federated exports 90.0% of its products out of the State of Kansas. 45.0% TOTAL ELIGIBLE FOR EXPORT PREMIUM (Maximum allowed is 50%) 74.5% TOTAL EXEMPTION ALLOWED UNDER BUSINESS INCENTIVE POLICY Federated is eligible for a 74.5% tax exemption for five years on real and personal property and for 37.25% for a second five years on the real property. A notice of public hearing has been published. Federated will maintain a City of Wichita approved EEO/AA Plan for the full term of the Tax Exemption. The estimated first year taxes on Federated's proposed $255,785 project under the 1994 mill levy on property within the Wichita City limits would be $6,834. Using the allowable tax exemption of 74.5%, the City would be exempting, for the first year, $5,091 of new taxes from the real property tax rolls. KU's Cost-Benefit Analysis indicates a combined ratio of .84 of benefits to costs with a 74.5/37.25 percent exemption for Federated. To achieve a combined cost-benefit ratio of 1 to 1, the percent of exemption would need to be reduced to 25/12.5 percent for Federated. Federated will pay real and personal property taxes estimated to be $1,743 (the remaining 25.5% portion of tax abatement not granted by the Council) in taxes on the proposed expansion. Federated paid $7,927 in existing real and personal property taxes in 1994 and will continue to pay taxes on the existing property. The existing building and personal property will stay on the property tax rolls. The policy exemption equates to $424 of exempted taxes per each new job (12 new jobs). The tax exemption will be shared among the taxing entities as follows: City - $1,405; County/State - $1,329; and USD 259 - $2,357. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the Public Hearing be closed; a 74.5% tax exemption be for five years on real and personal property and for 37.25% for a second five years on the real property be granted; and the Ordinance be placed on first reading. Motion -- carried carried 7 to 0. ORDINANCE 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 Federated Merchandisers, Inc., so exempted, introduced and under the rules laid over. ARTERIAL IMPROVEMENTS CONSTRUCTION PROJECTS TO IMPROVE MAJOR ARTERIALS. (Item 6a) A. TYLER ROAD REALIGNMENT FROM 31ST STREET SOUTH TO MACARTHUR ROAD. (Earlier in the meeting the Council took up this Item. Action is shown in Agenda Order.) Motion -- carried Ferris moved that this Item be deferred one week. Motion carried 7 to 0. B. IMPROVEMENT TO OLIVER, 25TH STREET NORTH TO 35TH STREET NORTH. Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 95-447. The City's Capital Improvement Program includes funds to reconstruct and widen Oliver, from 25th St. North to 35th St. North (MS-467, page 57). This matter is being brought to the City Council to approve the project, authorize the expenditure of City funds and approve an agreement between the City and the Kansas Department of Transportation (KDOT). On May 8, 1995, CPO Council 1 voted 7-1 to recommend approval of the project. The existing roadway is an old, two-lane, county-type street that does not have sufficient capacity to meet peak traffic demand. The proposed improvement will provide four lanes of through traffic. Sidewalks will be installed along both sides of the street and the right-of-way will be landscaped. The project is currently scheduled by KDOT for a bid opening in December. Construction is expected to be completed in the summer of 1996. The estimated project cost for the improvement is $2,230,000 with $1,600,000 paid by federal funds administered by KDOT and $630,000 paid by the City. The funding source for the City's share is General Obligation Bonds. Oliver will not be closed to through traffic during construction but will be limited to one-way travel much of the time. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Rogers moved that the Project be and Agreement be approved and the Mayor be authorized to sign the Agreement; and the Ordinance be placed on first reading. -- carried Motion carried 7 to 0. ORDINANCE An Ordinance declaring Oliver Street from 25th Street North to 35th Street North (472-82588) 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. C. PETITIONS TO CONSTRUCT TWO-WAY LEFT TURN LANE AND ACCEL-DECEL/RIGHT TURN LANE AT ROCK ROAD, NORTH OF 13TH STREET. Mike Lindebak City Engineer reviewed the Item for the Council. Agenda Report No. 95-448. On May 17, 1994, the City Council approved petitions to construct a two-way left turn lane and accel- decel/right turn lane on Rock Road to serve a number of commercial properties north of 13th. An attempt to award a construction contract within the approved budgets was not successful. New petitions have been submitted which represent 64% (6 of 11 property owners) of the two-way left turn lane improvement district area and 91% (3 of 4 property owners) of the accel-decel/right turn lane improvement district. During the design process, it was determined that the accel/decel lane project should be reduced in scope because of conflicts the project would cause with adjacent private parking lots. Therefore, although the project scope was reduced, the unit price exceeded the previous petition amount, thus requiring a new petition at a lesser dollar amount. Notification of the new petitions has been provided to the affected property owners. The original petition budgets were $250,000 for the two-way left turn lane and $225,000 for the accel- decel/right turn lane. The new petitions contain budgets of $356,000 and $103,000. The cost of the two-way lane is funded 50% by Special Assessments and 50% by the City General Obligation Bonds. The new petition has increased the City's share from $125,000 to $178,000. The additional $53,000 is available from anticipated under expenditures in the current project to reconstruct Woodlawn from K-96 to 37th Street North (MS-466). The accel-decel/right turn lane is funded in total by Special Assessments. Council Member Ferris Council Member Ferris said he could not support the City paying for a two-way left-turn lane. Mike Lindebak City Engineer explained that the two-way left-turn lane was not a platting requirement. The property owner had agreed to pay for 50 percent of the improvement. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Kamen moved that the Petitions be approved and the Resolutions be adopted. -- carried Motion carried 6 to 1. Ferris - No. RESOLUTION NO. R-95- 246 Resolution of findings of advisability and Resolution authorizing improving of two-way center left turn lane on Rock Road Project No. 472-82463 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 6 to 1. Yeas: Cather, Cole, Gale, Kamen, Rogers, Knight. Nays: Ferris. RESOLUTION NO. R-95- 247 Resolution of findings of advisability and Resolution authorizing improving of acceleration- deceleration/right turn lane on Rock Road, north of 13th Street, Project No. 472-82464 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 6 to 1. Yeas: Cather, Cole, Gale, Kamen, Rogers, Knight. Nays: Ferris. CDBG - RFP REQUESTS FOR PROPOSALS - COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. Council Member Kamen momentarily absent. (A) YOUTH RECREATION/ENRICHMENT Agenda Report No. 95-449. On March 14, 1995, the City Council authorized solicitation of proposals for a youth recreation/enrichment program for middle school youth, ages 12- 15, to be financed in the amount of $51,531 with Community Development Block Grant (CDBG) funds. The City required that collaborative efforts be developed in the provision of youth recreation/enrichment services. Proposals were solicited from public and private agencies. A total of three proposals were received. These include the following: Wichita Children's Home $17,368 Boys and Girls Club $51,130 Youth Recreation Alliance $18,118/site/semester Staff reviewed the proposals on the basis of cost, number, quality of services to be provided, and experience in providing the service. Preference was provided to proposals demonstrating a inter-agency/collaborative approach to the provision of service. Staff recommends selection of the Youth Recreation Alliance proposal based on the following factors: 1. The proposal is a collaborative effort involving the Wichita Public Schools, YMCA and the Park Department. 2. The project will serve two sites for a full school year (September 1, 1995 to May 31, 1996). 3. The two sites are in target areas. 4. The project will serve at least 400 middle school youth. 5. The project sponsors have agreed to collaborate with the Boys and Girls Club in the the implementation of the project. No additional local funds are required for the project. The costs of $51,531 are budgeted in the Community Development Block Grant program. Motion -- Knight moved that the Youth Recreation Alliance proposal be selected; and the -- carried Mayor be authorized to sign a contract. Motion carried 7 to 0. (B) SHELTER SERVICES Agenda Report No. 95-450. On March 14, 1995, the City Council authorized solicitation of proposals for shelter services, counseling and support services for female victims of domestic violence and their children to be financed in the amount of $200,000 with Community Development Block Grant (CDBG) funds. The intent of the RFP was to provide a minimum of 35 shelter beds and supportive services for an estimated 12,755 bed nights of shelter to a daily average of 35 women and their children. Proposals were solicited from public and private agencies. Two proposals were received. These include the following: YWCA-25 beds $164,920 Harbor House-20 beds $ 53,377 Staff reviewed the proposals on the basis of cost, number, quality of services to be provided, and experience in providing the service. Although neither agency individually has the capacity to provide 35 shelter beds requested in the RFP, proration of the funds between the two agencies will provide a minimum of 45 shelter beds, an increase of 29% over the amount requested. This will provide $151,200 for YWCA and $48,800 for Harbor House. Because this is a public service and public services funding is limited by federal law, funding cannot be increased above the $200,000 budgeted for the project. No local funds are required for the project. The costs of $200,000 are budgeted in the Community Development Block Grant program. A contract will be negotiated and reviewed and approved as to form by the Law Department prior to execution by the Mayor. Motion -- Knight moved that YWCA and Harbor House be selected and the Mayor be authorized -- carried to sign the contracts. Motion carried 7 to 0. (C) SUMMER YOUTH EMPLOYMENT Agenda Report No. 95-451. On March 14, 1995, the City Council authorized solicitation of proposals for a summer youth employment program to be financed in the amount of $200,000 with Community Development Block Grant (CDBG) funds. Proposals were solicited from public and private agencies. Two proposals were received. These include the following: City of Wichita Human Services Department $200,000 Wichita Indochinese Center $200,000 Staff reviewed the proposals on the basis of cost, number, quality, nature of services to be provided, and experience in providing the stated service(s). Preference was provided to proposals demonstrating an inter- agency/collaborative approach to the provision of service. Staff recommends selection of the Wichita Indochinese Center proposal based on the following factor: 1. The proposal identifies ten neighborhood and community agencies which will collaborate in providing the service: Wichita Indochinese Center, Images/A New Beginning, United Methodist Urban Ministries, Community Development Coalition, Wichita Metropolitan Family Preservation Center, Mothers Against Gang and Gun Violence, Regional Prevention Center, Mid-America All Indian Center, and La Famalia Center. No local funds are required for the project. The costs of $200,000 are budgeted in the Community Development Block Grant program. Motion -- Knight moved that the Wichita Indochinese Center be selected and the Mayor be -- carried authorized to sign the contract. Motion carried 7 to 0. (D) HOME REPAIR Agenda Report No. 95-452. On March 14, 1995, the City Council authorized solicitation of proposals for a home repair program to be financed in the amount of $250,000 with Community Development Block Grant (CDBG) funds. Requests were solicited from the public and private sectors, with one proposal received from Mennonite Housing Rehabilitation Services, Inc. (MHRS), with two options: 1. A minor/emergency home repair program of $250,000 as has been previously funded with CDBG funds (maximum per household - $2,000); or, 2. A minor/emergency home repair program of $200,000, and $50,000 for a moderate repair program to allow up to $10,000 per household, with a lien. The City Council may approve either of these options. Should the Council wish to approve Option 2, it may wish to consider whether to include either or both of the following items in the moderate repair portion of the program. These items are part of the terms of the $300,000 HOME allocation to MHRS in December, 1994 for a new construction/rehabilitation project: 1. Develop no less than three units within both sides of a facing block and/or adjacent one block area; 2. Train and place no less than three job trainees during the life of the contract. Staff reviewed the options proposed and recommends selecting Option One based on the following factors: 1. MHRS has a waiting list of approximately 1,300 work orders for minor/emergency home repair services. 2. Option 2 is similar to the deferred loan program operated by the City through Neighborhood Improvement Services. No local funds are required for the project. The costs of $250,000 are budgeted in the Community Development Block Grant program. Council Member Rogers Council Member Rogers said programs which are not significant trainers should not continue to be funded. Motion -- Knight moved that Mennonite Housing Rehabilitation Services, Inc. be selected as the vendor for Option One and the Mayor be authorized to execute the contract. -- carried Motion carried 7 to 0. ST. FRANCIS IRB RESCISSION OF THE REDEMPTION OF EXISTING ESCROW SECURITIES FOR THE CITY OF (Addendum Item) WICHITA HEALTH CARE FACILITIES REVENUE REFUNDING BONDS, SERIES III-A, III-B AND III-C, 1992 (ST. FRANCIS REGIONAL MEDICAL CENTER, INC.). Agenda Report No. 94-936 A. On February 18, 1992, the Council approved the issuance of Health Care Revenue Refunding Bonds for St. Francis Regional Medical Center (hereinafter "St. Francis") in the amount of $106,850,000 for the purpose of advance refunding then outstanding health care facilities refunding bonds issued for St. Francis in 1987. The proceeds of the 1992 Refunding Bonds were placed in an escrow trust account, pursuant to an escrow trust agreement, and invested in a portfolio of special U.S. Treasury securities, called SLGS, for the purpose of defeasing the remaining principal and interest payments on the 1987 bonds. On November 22, 1994, pursuant to a request from St. Francis, the City Council adopted an Ordinance which amended the 1992 Escrow Trust Agreement to allow for the replacement of the SLGS with other U.S. Treasury securities, authorized the redemption of the SLGS currently held in the escrow fund, and authorized the execution of a forward purchase contract for the replacement securities. By taking this action, the City facilitated a debt management undertaking that was expected to provide St. Francis with nearly $1 million in up- front cash savings. The date set for the redemption of the SLGS and restructuring of the escrow is June 22, 1995. To protect St. Francis from harmful market fluctuations during the six- month waiting period, the underwriter (Smith Barney) was required to purchase and pledge certain U.S. Treasury securities, to serve later as replacement securities. St. Francis now has an opportunity to realize a significantly greater up-front cash payment by leaving the existing escrow securities in place and cashing in the more valuable replacement securities. St. Francis is asking the City to facilitate this new opportunity by approving the Ordinance. In the time period between the purchase of the replacement securities in November 1994 and the present time, the U.S. fixed income markets, and in particular the treasury bond market, have improved significantly. Yields on treasury bonds are down nearly two percentage points from where they were last November. As a result the market value of securities purchased at that time have gone up by over five percent. Given the size of the escrow and the dollar amount of securities required to adequately fund the escrow, the increase in the market value of the replacement securities amounts to over $2 million. By selling the securities now, instead of holding them to serve as replacement securities, the underwriter can realize these profits. If the City and St. Francis will agree to rescind the actions taken last November, so that the securities can be sold, the underwriter agrees to pay St. Francis the profits, net of transaction fees. This is expected to triple the amount St. Francis would have realized in savings from restructuring the escrow fund. The U.S. Treasury Department has agreed to accept the rescission of the notice that was given last November ordering the redemption of the SLGS, provided that such rescission is effective by the close of business on June 8, 1995. Because of this deadline, it will be necessary for the Council to declare a public emergency and adopt the rescinding Ordinance on first reading. The requested action has no financial impact on the City of Wichita. St. Francis has agreed to pay the City's costs associated with this transaction. Motion -- Knight moved that the Declaration of Emergency be approved and the Mayor be authorized to sign; and the Ordinance authorizing rescission of the redemption of existing escrow securities for the City of Wichita Health Care Facilities Revenue Refunding Bonds, Series III-A, III-B and III-C, 1992 (St. Francis Regional Medical Center, Inc.) be placed on its passage and adopted on the date of its -- carried introduction, all in accordance with K.S.A. 12-3001. Motion carried 7 to 0. ORDINANCE NO. 42-789 An Ordinance of the City of Wichita, Kansas, authorizing and approving of the rescission of its previously authorized redemption and sale of certain United States Treasury Securities - State and Local Government Series; authorizing and approving an amendment to forward purchase contract and authorizing the cancellation of a previous agreement to purchase certain substitute securities. Knight moved that the Ordinance be placed on its passage and adopted on the date of its introduction, all in accordance with K.S.A. 12-3001. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. ICE RINK ICE RINK CONSTRUCTION BUDGET. (Addendum Item) Chris Cherches City Manager reviewed the Item. Agenda Report No. 94-654 D. On November 29, 1994, the City Council designated Canlan Investment Corporation of Vancouver, British Columbia, to serve as Preferred Developer in the construction and operation of a City-owned public ice skating facility. The City Council also authorized the acquisition of land south of Lawrence-Dumont Stadium and approved a bonding resolution for the entire project in the amount of $6.3 million. The project amount was based on estimates, as follows: Site costs $1.3 million Base facility 4.0 million Enhancements 1.0 million On March 21, 1995, the City Council approved the formal Developer Agreement with Canlan. The agreement provides for Canlan to design and build a twin-sheet ice skating facility, to be financed entirely be City general obligation bonds. One-half of the debt service on the bonds issued to finance the base facility is to be guaranteed by Canlan. Debt service on these bonds will be paid from the net operating revenue generated by the facility. Canlan also has an option to purchase the facility from the City during the first five years of operation by fully retiring the bonds. In addition, the agreement provides for certain design enhancements, including increasing the size of one ice sheet to olympic size and expanding the spectator seating from 500 to 1,000. The cost of these enhancements is to be shared equally by the City and Canlan, with the City's share being financed separately and Canlan's share financed as part of the base facility costs, to be paid from ice rink operating income and subject to Canlan's debt service guarantee and purchase option. Additional design enhancements are to be paid separately by the City. Initial design, and cost estimating based on the design, has been completed by Canlan. The estimated cost of the ice rink facility is $6.4 million. The increase is due primarily to an increase in the estimated construction costs of the base facility plus the enhancements relating to the olympic size ice rink and the additional spectator seating. This is due to the multiplier effect on square footage to the overall building that results from the increase in rink size and seating. Code requirements also effect the lobby size because of the additional umber of people the larger facility can accommodate. A minor portion of the increased cost estimate is due to architectural enhancements that are required to make the most effective use of the project site. Of the $6.4 million total facility cost, $5.4 million is included in the category of base facility costs which will be amortized with the income generated by the operation of the ice rink. The debt on these costs will be subject to Canlan's debt service guarantee and will be retired when and if Canlan exercises its option to purchase the facility. The remaining $1 million is consistent with the amount originally budgeted for City enhancements to the project. The Developer Agreement requires the City to approve the Preferred Developer's proposed construction budget. The Preferred Developer needs this approval prior to completing detailed construction documents. In order for the project to be completed by the end of 1995, the construction budget must be approved as soon as possible. The increased cost of the ice rink facility is expected to be covered by operating revenues generated by the facility. There is no increase required in net general obligation funding by the City. An amended bonding resolution has been prepared by the Law Department for the purpose of increasing the total project amount from $6.3 million to $7.7 million. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the $6.3 construction budget be approved and the Resolution be -- carried adopted. Motion carried 6 to 1. Gale - No. RESOLUTION NO. R-95- 248 A Resolution amending Resolution No. R-94-362 declaring it to be the intention of the Governing Body to issue General Obligation Bonds of the City of Wichita in an amount not to exceed $7,700,000 for the acquisition of such real property interests and the construction of certain public improvements, presented. Cole moved that the Resolution be adopted. Motion carried 6 to 1. Yeas: Cather, Cole, Ferris, Kamen, Rogers, Knight. Nays: Gale. RECESS The City Council recessed to lunch and workshop session with Sedgwick County at 11:28 A.M. and reconvened in regular session at 3:10 P.M. CITY COUNCIL AGENDA APPOINTMENTS APPOINTMENTS TO CPO COUNCIL 4. Nominated to fill vacancies on this Council are the following: Edwin E. Koon, 236 South Nevada - Subdistrict 4.1 Donald Scaia, 302 North Edwards - Subdistrict 4.1 Ted Phillips, 1214 Vilm - Subdistrict 4.3 Motion -- Gale appointed Edwin E. Koon, Donald Scaia, and Ted Phillips and moved that the -- carried appointments be approved. Motion carried 7 to 0. NOTICE OF VACANCIES - CITY BOARDS AND COMMISSIONS Art Museum Board (7 vacancies) Board of Appeals of Air Conditioning, Refrigeration, Warm Air Heating and Boilers (9 vacancies) Board of Appeals of Plumbers and Gas Fitters (5 vacancies) Board of Code Standards and Appeals (9 vacancies) Board of Electrical Appeals (7 vacancies) Board of Housing Commissioners (7 vacancies) Board of Park Commissioners (7 vacancies) Board of Zoning Appeals (5 vacancies) Civil Rights and Services Board (7 vacancies) Commission on the Status of People with Disabilities (14 vacancies) Community Corrections Advisory Board (3 vacancies) Convention and Tourism Committee (7 vacancies) Group Life Insurance Board of Trustees (3 vacancies) Historic Preservation Board (7 vacancies) Human Services Board (5 vacancies) Library Board (14 vacancies) Metropolitan Area Planning Commission (7 vacancies) Metropolitan Transit Authority (7 vacancies) Police & Fire Retirement Board of Trustees (7 vacancies) Public Art Advisory Board (7 vacancies) Sister Cities Advisory Board (7 vacancies) Traffic Commission (7 vacancies) Wichita Airport Authority (7 vacancies) Wichita Athletic Commission (3 vacancies) Wichita Commission on the Status of Women (14 vacancies) Wichita Employees Retirement Board (7 vacancies) Wichita Public Building Commission (7 vacancies) Wichita-Sedgwick County Alcohol and Drug Abuse Advisory Board (7 vacancies) Wichita-Sedgwick County Board of Health (7 vacancies) Wichita Sedgwick County Solid Waste Management Committee (7 vacancies) Appointments will be for terms expiring June 30, 1997. Appointments will be made June 20, 1995. Motion -- Kamen appointed Ivonne Goldstein, Art Museum Board; Keith Alter, Board of Zoning Appeals; Marci Hess, Historic Preservation Board; Lois Ruby, Human Services Board; Jean Eddy, Marge Zakoura Vaughan, Library Board; Larry Consolver, Metropolitan Area Planning Commission; Mr. Clemonts, Metropolitan Transit Authority; Sam Woodburn, Traffic Commission; Dave Bayouth, Wichita Airport Authority; Allen Boge, Wichita Employees Retirement Board; and Thelma Borrenson, Wichita Public Building Commission, and moved that the appointments be approved. -- carried Motion carried 7 to 0. PROCLAMATION PROCLAMATION. -- Constituency Development for Africa Days. Motion -- carried Knight moved that the proclamation be authorized. Motion carried 7 to 0. CONSENT AGENDA Knight moved that the Consent Agenda, except Items 21d, 22, and 24c, 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 MAY 30, 1995. At 10:00 a.m., Friday, May 26, 1995, pursuant to advertisements published, bids were received, publicly opened, read aloud and tabulated for the Board of Bids and Contracts: (Ref: Bid analysis report attached to Board of Bids Minutes 5/30/95) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Buffalo Park access roadway, parking lot and boat ramp (Maize Road at Hardtner). (472-82530/785345/440065) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 06-14-94) (District V) Cornejo & Sons - $27,335.00 (Total Base w/Add Alt #1) Brownthrush Park earthwork (north of 2nd between Tyler and Ridge Road). (472-82168/785089/440039) Does not affect existing traffic. (Council approval date 12-18-90) (District V) Pearson - $13,948.50 Lateral 63, Main 5, Sanitary Sewer #23 to serve part of Meadow Oaks Addition (south of 29th, east of Oliver). (468-82340/742262/480318) Does not affect existing traffic. (Council approval date 07-13-93) (District II) Utility Contractors - $82,052.00 Water Distribution System to serve 45 Rock Road Industrial Park (east of Rock, south of 45th Street North). (448-88904/732602/470338) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 03-14-95) (District II) Nowak Construction - $25,457.50 The Board of Bids and Contracts recommended that the contracts be awarded as outlined above, subject to check, same being the lowest and best bids and within the Engineer's construction estimate. Knight moved that the contracts be awarded as outlined above, subject to check, same being the lowest and best bids within the Engineer's construction estimate, and the Mayor be authorized to sign the contracts for the City. Motion carried 7 to 0. LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1995 (Consumption off Premises) Kevin Temple Phillips 66 3311 N. Rock Road Kevin Temple Phillips 66 7236 W. 21st Ly Ngoc Thi Nguyen Thai Binh Market2128 N. Broadway New Operator 1995 (Consumption on Premises) James E. Intfen The BBQ Company* 300 S. Greenwich Road, #21 *General Retailer--beer sales derive less than 50% of gross revenues. Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 7 to 0. PLANS AND SPECS. PLANS AND SPECIFICATIONS. a. Fairview from 1050 feet south of 29th Street (south of 29th Street, west of Broadway). (472- 82536/615336/811004) Traffic will not be carried during construction. (Council approval date 07-01-92) (District VI) b. Washington from 8th Street North to 9th Street North. 472-82507/706069/405160) Through traffic will not be carried during construction; only local access shall be provided. (Council approval date 10-25-94) (District I) c. 8" Water Main along 8th Street from Mosley to Washington Street, and in Washington from 8th to 9th Streets (along Washington, from 8th to 9th Streets). (448-88913/633438/544570) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 12-14-93) (District I) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., June 9, 1995. Motion carried 7 to 0. d. Custer Avenue from the north line of 18th Street North to the south line of McLean Boulevard, in Charles Addition (east of Sheridan, north of 13th). (472- 82510/762872/490390) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 11-01-94) (District V) e. Mt. Carmel from the north line of 16th Street North to the south line of 17th Street North, in Sheridan Acres Addition, et. al. (between 16th and 17th Streets North). (472- 82509/762880/490391) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 11-01-94) (District VI) f. Prescott from the southerly line of Lot 28, Block 2 and Lot 17, Block 3, Pawnee Mesa 3rd Addition to the south line of Prescott Court, all in Pawnee Mesa 3rd Addition (north of Pawnee, west of Lark). (472-82053/763052/490408) Does not affect existing traffic. (Council approval date 09-18-90) (District V) g. Hazel from the east line of Lot 51, Block 1 to the east line of Lot 68, Block 1, Stoneborough Addition; Hazel Court from the south line of Hazel to and including the cul-de-sac to serve Lots 56 through 63, Block 3; and Hazel Court from the south line of Hazel to and including the cul-de-sac to serve Lots 64 through 71, Block 3, Stoneborough Addition (west of Broadway, north of 55th Street South). (472- 82570/762963/490399) Does not affect existing traffic. (Council approval date 03-14-95) (District IV) h. 12" Water Supply line along Greenwich from Central to 1400 feet south of Central (Greenwich and Central). (472- 82333/632224/544509) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 12-14-93) (District n/a) i. Water Distribution System improvements at the intersection of Meridian and McCormick and along McCormick from Meridian to St. Clair (Meridian & McCormick). (448-88835 & 448- 88803/633479/544574) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 12-14-93) (District IV & VI) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., June 16, 1995. Motion carried 7 to 0. PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. Buffalo Park access roadway, parking lot and boat ramp (Maize Road at Hardtner) - $30,000.00. (472- 82530/785345/440965) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 06-14-94) (District V) b. Brownthrush Park earthwork (north of 2nd between Tyler and Ridge Road) - $20,150.77. (472-82168/785089/440039) Does not affect existing traffic. (Council approval date 12-18-90) (District V) c. Fairview from 1050 feet south of 29th Street (south of 29th Street, west of Broadway) - $125,000.00. (472- 82536/615336/811004) Traffic will not be carried during construction. (Council approval date 07-01-92) (District VI) d. Washington from 8th Street North to 9th Street North - $130,000.00. (472-82507/706069/405160) Through traffic will not be carried during construction; only local access shall be provided. (Council approval date 10-25-94) (District I) e. 8" Water Main along 8th Street from Mosley to Washington Street, and in Washington from 8th to 9th Streets (along Washington, from 8th to 9th Streets) - $49,201.00. (448- 88913/633438/544570) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 12-14-93) (District I) f. Lateral 63, Main 5, Sanitary Sewer #23 to serve part of Meadow Oaks Addition (south of 29th, east of Oliver) - $148,000.00. (468-82340/742262/480318) Does not affect existing traffic. (Council approval date 07-13-93) (District II) g. Water Distribution System to serve 45 Rock Road Industrial Park (east of Rock, south of 45th Street North) - $31,229.60. (448-88904/732602/470338) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 03-14-95) (District II) h. Construction of Curb and Gutter along the north side of Kellogg Drive from west line of Lot 1 to the east line of Lot 2, The First Credit Union Addition (north of Kellogg, east of Tyler) - $11,000.00 (472-82333/761825/490285) Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 7 to 0. PETITION PETITION FOR STORM WATER SEWER TO SERVE LOT 2, BLOCK 1, COMOTARA POWER CENTER ADDITION (NORTH OF K-96, WEST OF ROCK ROAD). (DISTRICT II) Agenda Report No. 95-453. On July 28, 1992, the City Council approved a storm water sewer petition to serve Comotara Power Center Addition, a new office development. Based on recent bid prices, it is doubtful that the original petition amount is high enough to award a construction contract. A new petition with an increased budget is being submitted. The signature on the new petition represents 100% of the improvement district. The original project budget was $143,600. The new petition contains a $320,000 budget. The funding source is Special Assessments. Motion -- Knight moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-95- 249 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Sewer No. 436 (north of K-96, west of Rock Road) Project No. 468-82226 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. BOARDS MINUTES MINUTES OF ADVISORY BOARDS AND COMMISSIONS. Board of Zoning Appeals, 4/25/95, 3/28/95 CPO East Council 2, 5/22/95 CPO North Central Council 6, 5/24/95 Wichita Public Library, 5/16/95 Wichita Traffic Commission, 4/20/95 Wichita/Sedgwick County Alcohol and Drug Advisory Board, 5/11/95 Wichita/Sedgwick County Emergency Communications Advisory Board, 5/18/95 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 7 to 0. STREET CLOSURES/USE CONSIDERATION OF STREET CLOSURES/USE. Agenda Report No. 95-454. Special Event Request: Wichita Racquet Club Four Mile Fun Run June 17, 1995, 8:00 A.M. Street Closure: Rock Road (southbound lane) from Racquet Club to Rockhill Road. Motion -- Knight moved that the street closure/use be approved subject to the event sponsor notifying every property and/or business adjoining any portion of the streets to be used for the event; coordination of event arrangements with City Staff; hiring off- duty public safety officers as required by the Police Department; obtaining barricades to close the streets in accordance with requirements of Police, Fire, and Public Works Departments; and submitting a certificate of insurance evidencing general liability insurance which covers the event and its related activities, including the naming of the City as an additional insured with -- carried respect to the event's use of the closed City streets. Motion carried 7 to 0. PLAYGROUND PLAYGROUND REHABILITATION AND EQUIPMENT. (DISTRICT-ALL) Agenda Report No. 95-455. The 1995 Capital Improvement Program (CIP) provides $40,000 for rehabilitating, replacing, and developing playgrounds. The proposed budget would allow the development of one new playground and the rehabilitation of two playgrounds this year. Estimated cost of the project is $40,000. Funding source is general obligation bonds. Motion -- Knight moved that the project be approved and the Resolution be adopted. Motion -- carried carried 7 to 0. RESOLUTION NO. 95-250 A Resolution authorizing the issuance of bonds by the City of Wichita at large to rehabilitate, replace, and develop playgrounds, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. OLD TOWN PARKING AMENDMENT OF BONDING RESOLUTION FOR OLD TOWN PHASE I PARKING FACILITIES. Agenda Report No. 95-456. On June 16, 1992, the City Council adopted a resolution authorizing the construction of five surface facilities within the Old Town Parking District in an estimated amount of $876,000. The Finance Department is now preparing to permanently finance the projects authorized under this Resolution. In order to provide proper documentation of the proceedings, as part of the bond transcript, the authorizing Resolution needs to be amended to reflect the actual method of funding the costs of the parking facilities, as approved by the City Council. The original Resolution provided for the costs of the authorized projects to be assessed against the land located within the boundaries of the Old Town Parking District, as special assessments. The method of apportioning the costs was to be on a per stall per month basis for those properties having an obligation to provide off-street parking under the Old Town Zoning Overlay. In December 1993, the City Council approved the form and use of the Old Town Parking Agreement as the method for obligating Old Town property owners and businesses to pay for a portion of the costs of the parking facilities, as opposed to the use of special assessments. The charter ordinance enabling the establishment of the Old Town Parking District provides for either method to be used. In essence, instead of paying special assessments to the County Treasurer, the property owners are paying the City directly in the form of lease payments. The basis of payment is the same per stall per month rate based on actual off-street parking requirements. The method of assessing parking costs being used is considered more flexible and equitable to the Old Town property owners since it is adjustable to accommodate changes in off-street parking requirements. It also provides a closer basis for monitoring the collection of parking revenue in Old Town. Motion -- carried Knight moved that the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-95- 251 A Resolution amending Resolution No. R-92-372 by making the entire cost of the subject improvements payable by the City at large, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. CAPITAL IMPROV. PROJS. INITIATION OF CAPITAL IMPROVEMENT PROJECTS: A. CENTURY II RENOVATION. Agenda Report No. 95-457. Century II Convention Center was completed in 1969. Since that time, only limited renovation has been done and Century II is showing its age. A positive image of Century II to the visitors is a necessity. Extensive renovation is needed to upgrade meeting rooms; improve lighting systems, sound systems and restrooms; repair and paint ceilings and walls; replace doors, floor coverings, seats and lobby furniture; and perform other similar work. The renovation will be completed according to the event schedule. An architect will be need to be selected to design plans and specifications. It is planned to renovate Expo Hall. However, the East Bank Hotel will impact this renovation. At this time, work will be limited to Century II. The 1995 Capital Improvement Program (CIP) includes: 1994-1997 Selective Carpet replacement 1995-1996 Selective Ceiling repair/paint 1995 Limited Renovation 1995 Expo Hall meeting room upgrade 1995-1997 Seating upgrade 1996 Century II meeting room upgrade Totaling $1,300,000 Motion -- Knight moved that the Project be approved and the Staff Screening and Selection Committee be authorized to select an architect; and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-95- 252 A Resolution declaring it necessary to perform interior renovation and remodeling work in the Century II Convention Center and Expo Hall, located at 225 West Douglas in Wichita, Kansas, directing that a preliminary estimate of the cost thereof be prepared and declaring it to be the intention of the Governing Body to issue City of Wichita General Obligation Bonds in an amount not to exceed $1,300,000 to pay all or a portion of the costs thereof, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. B. FIRE SUPPRESS. IMPROVEMENTS. Agenda Report No. 95-458. The Wichita Art Museum and some areas in City Hall use Halon, an inert gas, as a fire suppression agent in areas containing art works or computer equipment that would be damaged by water. Halon depletes the atmospheric ozone, is strictly regulated and will soon be phased out. Conversion of the fire suppression system is required to assure that the Wichita Art Museum and City Hall Data Processing Center contents will be properly protected. A design engineer will need to be selected to prepare plans and specifications. The 1995 Capital Improvement Program (CIP PB- 9506) has $7,000 identified for design services, and the 1996 Capital Improvement Program has $130,000 identified for the construction necessary to accomplish the conversion to an approved fire suppressant. Motion -- Knight moved that the Project be approved and the Staff Screening and Selection Committee be authorized to select an architect; and the Resolution be adopted. -- CARRIED Motion carried 7 to 0. RESOLUTION NO. R-95- 253 A Resolution declaring it necessary to improve the fire suppression systems in the Wichita Art Museum, located at 619 Stackman Drive, Wichita, Kansas, and in the Wichita City Hall Data Processing Center, located at 455 North Main in Wichita, Kansas, directing that a preliminary estimate of the cost thereof be prepared and declaring it to be the intention of the Governing Body to issue City of Wichita General Obligation Bonds in an amount not to exceed $7,000 and related thereto, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. (C) MID-AMERICA ALL-INDIAN CENTER IMPROVEMENTS. Agenda Report No. 95-459. The Mid-America All-Indian Center opened in 1977. Since that time, lobby furniture has deteriorated, large rolling partitions have proven inadequate and unsafe and the skylights leak. In order to provide safe movable partitions, the trolley/rail system must be replaced and the panels rebuilt. Skylight modifications are needed to resolve the leak problems. Lobby furniture needs replacement. Limited painting and floor covering repairs are needed. An architect needs to be selected to prepare plans and specifications. The 1995 Capital Improvement Program (PB- 9509) has $150,000 identified for improvements. Motion -- Knight moved that the Project be approved and the Staff Screening and Selection Committee be authorized to select an architect; and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-95- 254 A Resolution declaring it necessary to complete miscellaneous interior improvements to the Mid-America All-Indian Center located at 650 North Seneca, Wichita, Kansas, directing that a preliminary estimate of the cost thereof be prepared and declaring it to be the intention of the Governing Body to issue City of Wichita General Obligation Bonds in an amount not to exceed $150,000 and relating thereto, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. (Item 21 d) (D) 1995 CAPITAL IMPROVEMENT PROGRAM (CIP) DESIGN PROJECTS. Agenda Report No. 95-460. On February 14, 1995, the City Council authorized the Staff Screening and Selection Committee to select consultant engineers/architects for the 1995 CIP Design Projects. On April 6, 1995 and April 24, 1995, the Staff Screening and Selection Committee selected consultants to perform the design services for the CIP projects and associated water lines. Approval of the design projects does not obligate the City Council to build the projects. Following is the list of projects and associated water lines, the CIP numbers, the consultant selected for each project, the maximum fee allowed by the contracts, and the CIP budgets. Location./Description CIP # Consultant Fee CIP Budget 25th St Bridge/Chisholm Creek B-9203 MKEC $20,402 $35,000 Mt. Vernon Bridge/Gypsum Creek B-9201 MKEC 18,690 50,000 Eastern Bridge/Gypsum Creek B-122 MKEC 18,690 40,000 Central, Zoo to McLean MS-432 Baughman 59,000 85,000 Central, Zoo to McLean (Waterline) W-65 Baughman 7,500 8,500 I-235 Landscaping F-9302 WDM 9,950 28,000 Dry Creek Basin Study D-9205 MKEC 55,705 125,000 South Meridian Drainage Study D-9207 Booker 13,157 320,000 The CIP budget for South Meridian Drainage includes design but a fee could not be solicited for design until the study is complete. The CIP budgets for the other projects include design review and right-of-way costs. The funding source for the bridges, street and landscaping project is General Obligation Bonds, for the water project is Water Utility Funds and for the drainage projects is Storm Water Utility Funds. Council member Ferris Council Member Ferris said the Council will be taking action with regard to the Storm Water Utility in the future and suggested no action should be taken until the Council has made a decision. Motion -- Ferris moved that the projects be approved and the Resolution be adopted; the Ordinances be placed on first reading; and the Agreements be approved and the Mayor be authorized to sign; with the understanding that there be no action on Storm Water Utility funded projects until the Council has made a decision with -- carried regard to the Storm Water Utility. Motion carried 7 to 0. RESOLUTION NO. R-95- 255 A Resolution authorizing the issuance of bonds by the City of Wichita at large for public improvements for landscaping I-235 from 13th Street to Broadway (472-82592), presented. Ferris moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. ORDINANCE An Ordinance declaring Central from Zoo to McLean (472-82583) 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. ORDINANCE An Ordinance declaring Eastern Bridge over Gypsum Creek (472-82577) 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. ORDINANCE An Ordinance declaring 25th Street Bridge over Chisholm Creek (472-82578) 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. ORDINANCE An Ordinance declaring Mount Vernon Bridge over Gypsum Creek (472-82576) 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. (E) HEALTH DEPARTMENT ROOF. Agenda Report No. 95-461. The Wichita-Sedgwick County Health Department at 1900 East 9th Street is maintained by the City of Wichita Public Works Department. The roof has reached a point where it is no longer economical to make repairs. It is deteriorated and has several leaks. The roof is in need of replacement to maintain the integrity of the building. The Capital Improvement Program (PB-9507) identifies $48,000 from the City Capital Improvement Program and $32,000 from Sedgwick County for the replacement of this roof. Motion -- Knight moved that the Project be approved and Resolution be adopted. Motion -- carried carried 7 to 0. RESOLUTION NO. R-95- 256 A Resolution declaring it necessary to replace the roof on a certain public building to wit, Wichita/Sedgwick County Department of Community Health Building in the City of Wichita, Kansas, directing the City Manager to submit a full report together with a preliminary estimate of cost thereof and declaring it to be the intention of the Governing Body to issue City of Wichita General Obligation Bonds in an amount not to exceed $80,000 and relating thereto, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. (F) BUILDING RENOVATION OF THE OMNISPHERE. Agenda Report No. 95-462. The exterior of the Omnisphere is in need of preservation work to prevent water penetration and further building deterioration. The renovation consists of repairing joints, the cornice, the cupola and the front steps. The building dates to 1915 and is registered as a City, State and National Historic Landmark. Although the Omnisphere will be housed in this building until the new Science Center is complete, it is necessary regardless of its future use. The 1995 Capital Improvement Program (PB- 9317) has $105,000 identified for this construction work. Motion -- Knight moved that the Project be approved and the Resolution be adopted. Motion -- carried carried 7 to 0. RESOLUTION NO. R-95- 257 A Resolution declaring it necessary to renovate the exterior of the Omnisphere and Science Center building located at 220 South Main; in Wichita, Kansas, directing that a preliminary estimate of cost thereof be prepared and declaring it to be the intention of the Governing Body to issue City of Wichita General Obligation Bonds in an amount not to exceed $105,000 and relating thereto, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. (G) AMERICANS WITH DISABILITIES ACT (ADA). Agenda Report No. 95-463. The Americans with Disabilities Act (ADA) requires buildings be accessible to people with disabilities. On March 16, 1993, the City Council approved authorizing $298,000 for ADA modifications. On March 14, 1995, the City Council approved $200,000 in Community Development Block Grants (CDBG) for ADA modifications. The 1995 work plan includes modifications to elevators, fire alarm systems, ramp installations, restrooms and similar work at numerous City-owned buildings. Additional funds have been identified in the 1995 CIP to accomplish additional ADA modifications. The 1995 CIP identifies $101,000 for ADA (PB- 9301). An additional $150,000 will be needed in the future to complete the remainder of the essential ADA modifications in buildings managed by Public Works. Title II and Title III of the Americans With Disabilities Act requires buildings be accessible where possible to people with disabilities. The following ADA work remains to be done. Work will be prioritized and performed as funds allow. Aley Community Building - Entrance Doors A. Price Woodard Restrooms Arts and Crafts Center - Restrooms, Drinking Fountain Atwater Community Building - Concrete Patio Boston Recreation Center - Drinking Fountain. restrooms, doors. Central Maintenance Facility - Restrooms Century II - Counters, Elevators, Wheelchair seating, Cessna East/West - Restrooms Chisholm Creek East/West - Restrooms College Hill - Restrooms Country Acres Community Building - Curb Cut, Sidewalk, Restrooms Day Care Center - Concrete, Restrooms, Signs Emery Park - Restrooms, Sidewalk Evergreen Health Center - Restrooms, Drinking Fountain Evergreen Recreation Center - Restrooms, Drinking Fountain Fairmount East/West - Restrooms, ramp, Bath House Restrooms, Concrete Grove Park - Concrete, Restrooms Herman Hill - Concrete, Restrooms Harrison - Restrooms Hyde Park - Restrooms MAAIC - Railings, Restrooms, Drinking Fountain Kiwanis Community Building - Restrooms, Drinking Fountain Linwood - Ball Diamond, Restrooms, Recreation Center Restrooms Lynette Woodard Recreation - Restrooms, Doors, Fire Alarm, Drinking Fountain McAdams - Recreation Center Fire Alarm, Drinking Fountain; Baseball Field Restrooms, Concrete; Softball Field Concrete Minisa - Community Building Restrooms, Drinking Fountain Murdock - Restrooms, Concrete Omnisphere - Handrails, Drinking Fountain, Doors, Signs, Restrooms, Elevator Orchard - Recreation Center Dispensers Osage - Drinking Fountain, Doors, Telephone Park Villa - Community Building Handrails, Entrance Doors, Restrooms Pawnee Prairie - South Restrooms, Nature Center Entrance Restrooms Plainview - Ball Diamond/Soccer Field - Restrooms, Playground Rockwell - Library Restrooms, Drinking Fountain Shell - Restrooms Sim - Restrooms Southview - Restrooms, Concrete West Douglas - Restrooms Westlink - Library Restrooms Westside - Athletic Field Concrete, Restrooms, Grandstand Concrete Art Museum - Phone, Handrails City Hall - Drinking Fountains, Door Hardware, Counters City Hall - Chambers Podium, Wheelchair Seating Community Centers - generally improve entrances, restrooms, and general access throughout the buildings at Aley, Edgemoor, Evergreen weight room, Fairmount; Visual Fire Alarms at Evergreen, Linwood, and Orchard. Motion -- Knight moved that the Project be approved and the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-95- 258 A Resolution amending Resolution No. R-93-102 by increasing the bonding authority in Section 2 thereof from $298,000 to $399,000, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. (H) MAIN LIBRARY ENTRY VESTIBULE. Agenda Report No. 95-464. The Main Library has two east side entrances, one faces north, one south. The check-out counter area and the east part of the lobby are not protected from the wind and blowing leaves, especially when both sets of doors open together. The existing doors have been rebuilt once and need major repairs. Parts are no longer available for the power operators. This project will provide a glass vestibule wall to separate the check-out counter and east part of the lobby from the vestibule. Entrance doors will be replaced, and the book-security detectors will be incorporated into the new vestibule wall. This vestibule modification will result in improved energy efficiency and comfort levels in the library lobby. An architect will need to be selected to prepare plans and specifications. Funds in the amount of $56,000 are identified in the 1995 Capital Improvement Program (PB-9319) for design and construction costs. Motion -- Knight moved that the Project be approved and the Staff Screening and Selection Committee be authorized to select an architect; and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-95- 259 A Resolution declaring it necessary to modify the entrance vestibule in the Main Public Library, located at 223 South Main; in Wichita, Kansas, directing that a preliminary estimate of cost thereof be prepared and declaring it to be the intention of the Governing Body to issue City of Wichita General Obligation Bonds in an amount not to exceed $56,000 and relating thereto, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. SUMMER YOUTH CONTRACTS 1995 SUMMER YOUTH AND EMPLOYMENT TRAINING PROGRAM CONTRACTS. (Item No. 22) Agenda Report No. 95-465. The City of Wichita is the Grant Recipient/Program Administrator for the Job Training Partnership Act (JTPA) in Service Delivery Area (SDA) IV which is comprised of the counties of Butler, Cowley, Sumner, Harper, Kingman and Sedgwick. The Private Industry Council (PIC) of SDA IV provides policy guidance for the use of JTPA funds in this area. The PIC of SDA IV has chosen two service providers to conduct academic enrichment/work experience training for the 1995 Summer Youth and Employment Training Program (SYETP). Contracts for these two providers are being brought before the Council. The contracts before the Council are between the City of Wichita and Arkansas City Public Schools (USD 470) and the Sumner County Educational Services Interlocal (USD 619). The contracts provide for JTPA Title II-B academic enrichment/work experience services. Participating Youth (ages 14 to 21) will receive a minimum of 140 hours of classroom study in reading and/or math and will participate in a work project with a public or private not-for-profit agency. Students are paid the hourly minimum wage of $4.25 for classroom and work project time. USD 470 will serve 20 youth and USD 619 will serve 10 youth, who test as needing instruction in math and/or reading, through their respective contracts. Contract amounts are: $54,000 for USD 470 and $25,506 for USD 619. JTPA funds are used to pay for contract services. The two contracts obligate no general fund moneys. Council Member Kamen declared a conflict and abstained from participation. Motion -- Ferris moved that the Contracts be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Kamen abstained) (Later in the meeting this Item was reconsidered.) Motion -- carried Knight moved that Item 22 be reconsidered. Motion carried 7 to 0. Council Member Kamen said he had been in error and did not have a conflict of interest on this Item. Motion -- Ferris moved that the Contracts be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. CHANGE ORDERS CHANGE ORDERS NO. 8 AND NO. 9 FOR WATER TREATMENT PLANT IMPROVEMENTS - PHASE IIB. Agenda Report No. 95-466. The City entered into a contract with Dondlinger and Sons Construction Co. on January 19, 1993 to do the construction work at the Water Treatment Plant. The original contract amount for this project was $17,607,600. The Council has approved 7 previous Change Orders, which have increased the project by a total $2,675,725. The oldest portions of the treatment plant were built in 1940, and the newest parts of the plant were built in 1957. Therefore, even with careful planning, a project of this magnitude may find conditions, after the project is started, that were not apparent during the design of the project, or that were overlooked when the plans were prepared. Both of these Change Orders are related to work already approved by Council in previous Change Orders, and were unforeseen at that time. Change Order No. 8 ($6,198) is to cover the cost of additional material and hardware needed to complete the work approved by Council in Change Order No. 3. That Change Order allowed the construction of facilities needed to convert a three million gallon finished water reservoir into a chlorine contact basin. When the engineers designed one of the piping connections needed in that project, it was assumed that there was a piece of pipe connected to an existing valve, and then a fitting. After the existing fitting was exposed it was discovered that the pipe was not there, and that the fitting was connected directly to the valve. Change Order No. 8 will cover the additional materials that the contractor will need to make this connection with this configuration. Change Order No. 9 ($13,085) is for additional material needed to complete the installation of the aerator trays in the Central Plant. Change Order No. 4 included $113,200 for the replacement of the existing redwood trays in the Central Plant's aerators with new Fiberglas trays. Since two of the aerators were used only during peak flow periods, it was hoped that enough "good" trays could be salvaged from the other aerators to be able to replace the bad trays in those two aerators, therefore their replacement was not included in that Change Order. Unfortunately, as the existing redwood trays were removed from the aerators it was discovered that none of them were suitable to be re-used in those two aerators. Change Order No. 9 will allow the installation of Fiberglas trays in the two aerators. Staff believes that there are no alternatives to these Change Orders. If those materials are not supplied the project cannot be completed. Approval of Change Orders No. 8 and No. 9 will increase the total contract price by $19,283, and will result in a total revised contract price of $20,296,410. Funding for this project is included in W-115, as well as from W-503, W-504 and W-505, which have a total available funding of $22,010,000. The work included in Change Order No. 3, which was for $2,311,340, is somewhat different than the work included in the original plans, so staff is tracking the costs, and funding the work, of that Change Order separately from the rest of the Phase IIB project. These two Change Orders are 0.1% of the original contract amount, and the total of all Changes Orders (except No. 3 and No. 8) is 2.1% higher than the original contract price, for a total cost of $17,978,872. The total of all nine Change Orders is 15.3% higher than the original contract price. Motion -- Knight moved that the Change Orders for an increase in the contract amount of -- carried $19,283 be approved and the Mayor be authorized to sign. Motion carried 7 to 0. DESIGN SERVICE AGMNT AGREEMENT FOR DESIGN SERVICES FOR BARRINGTON CORNER. (DISTRICT V) Agenda Report No. 95-467. The City Council approved the Barrington Corner Addition development on November 8, 1988. The proposed Agreement between the City and Professional Engineering Consultants, P.A. (PEC) provides for the design of Storm Water Sewer No. 378 and decel lane on the south side of 21st Street North (south of 21st, west of Ridge Road). Because PEC provided subdivision engineering services for this addition, it can expedite construction plan preparation. Payment will be on a lump-sum basis not to exceed $14,800 and will be paid by Special Assessments. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. SPEC ASSESS AGMNT AGREEMENT TO RESPREAD SPECIAL ASSESSMENTS IN TALLGRASS COMMERCIAL FIFTH ADDITION (NORTH OF 21ST, EAST OF ROCK ROAD). (DISTRICT II) Agenda Report No. 95-468. The developer, Slawson Investment Corporation, platted an addition called Tallgrass Commercial 5th Addition and has submitted an Agreement to respread special assessments in the addition. The land was originally included in numerous improvement districts for a number of public improvement projects. The purpose of the Agreement is to respread Special Assessments on an equal share basis for each lot. Without the Agreement, the assessments will be spread on a square foot basis. The Agreement will save the City time in recalculating special assessments for each newly platted lot and will equalize the assessments for each lot, making it easier for the developer to market the lots. There is no cost to the City. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. WATER LINE AGMNT SUPPLEMENTAL AGREEMENT FOR WATER SUPPLY LINE TO CROSS THE ARKANSAS RIVER. (Item No. 24 c) Agenda Report No. 95-469. On August 16, 1994, the City Council approved a contract with Savoy, Ruggles & Bohm, P.A. (SRB) to design a water line in 47th Street South between Hydraulic and K-15. The initial design contract was based on the assumption that the proposed water line could be attached to the existing bridge over the Arkansas River. The bridge is owned by Sedgwick County. Although a formal request was made, Sedgwick County denied the City access to hang the water line on the bridge. Therefore, it will be necessary for SRB to survey and design an alternate routing of the line under the river. SRB has requested an additional fee of $3,500 to survey and design this alternate route. A Supplemental Agreement with SRB to design the river crossing has been prepared. Payment to SRB will be on a lump sum basis of $3,500 and will be paid from Water Utility funds included in the 1995 Capital Improvement Program (W-6, Unidentified Water Mains). Mike Lindebak City Engineer explained that Sedgwick County had denied the City access to hang the water line on the bridge. Therefore, it will be necessary for SRB to survey and design an alternate routing of the line under the river. Chris Cherches City Manager said it may be cheaper to do something to allow connection to the bridge. Mike Lindebak City Engineer said alternatives will be looked into. Motion -- Ferris moved that this Item be deferred two to three weeks and that Staff and Mayor Knight visit with Sedgwick County to see whether an alternate route can be found. Council Member Rogers Council Member Rogers said a good estimate of cost of doing the water line under the river should be obtained before talking to Sedgwick County. -- carried Motion carried 7 to 0. EASEMENT ENCROACH AGMNT EASEMENT ENCROACHMENT AGREEMENT FOR THE SOUTHWEST EIGHT (8) FEET OF LOT 4, BLOCK 3, WEST MILLBROOK ADDITION. Agenda Report No. 95-470. The agreement allows Richard L. Kite to occupy the public easement and waives all rights of action in law arising out of the encroachment over the easement. In addition, the owner of the property agrees to inspect, maintain, and repair the sewer until they cease to occupy the easement. The property owner also agrees to pay other parties for any increased costs that may accrue due to connecting to that portion of the sewer or easement that the structure is over. Finally, the agreement not only allows the City to be held harmless from claims resulting from leaking, cave-in, or other failures of the sewer, but also allows the City to be held harmless from claims resulting from replacement or upgrade of lines, manholes, and/or other Department property in the easement. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. EASEMENT ENCROACHMENT AGREEMENT FOR THE EAST THREE (3) FEET OF THE WEST 5 FEET OF LOT 1, BLOCK 1, DILLON 11TH ADDITION. Agenda Report No. 95-471. The agreement allows Dillon Real Estate Co., Inc. to occupy the public easement and waives all rights of action in law arising out the encroachment over the easement. In addition, the owner of the property agrees to inspect, maintain, and repair the sewer until they cease to occupy the easement. The property owner also agrees to pay other parties for any increased costs that may accrue due to connecting to that portion of the sewer or easement that the structure is over. Finally, the agreement not only allows the City to be held harmless from claims resulting from leaking, cave-in, or other failures of the sewer, but also allows the City to be held harmless from claims resulting from replacement or upgrade of lines, manholes, and/or other Department property in the easement. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. VICTIM ASST GRANT CRIME VICTIM'S ASSISTANCE FUND GRANT APPLICATION. Agenda Report No. 95-472. Advocacy services to victims of domestic violence will be provided by a local agency or individual through a contract with the City. Grants through the Crime Victim's Assistance Fund (State Attorney General's Office) are available to agencies which provide services for victims. Applicants may receive up to $25,000 in grant funds. If received, the funds will be used to provide counseling services and other support activities for victims of domestic violence. A 25 percent match of the grant amount will be required by the City. Motion -- Knight moved that the grant application be approved and the City Manager be -- carried authorized to sign the grant. ORDINANCE SECOND READING ORDINANCE. (FIRST READING 5/30/95) Assessing Ordinance ORDINANCE NO. 42-780 An Ordinance making a special assessment to pay for the cost of cutting weeds in the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. PLANNING AGENDA Council Member Rogers left the Bench. Marvin Krout Director of Planning stated that all items could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Knight moved that the Planning Agenda Items be approved as consensus Items. -- carried Motion carried 6 to 0. A-95-6 A 95-6 - REQUEST TO ANNEX PROPERTY ADJOINING THE CITY GENERALLY LOCATED AT THE NORTHWEST CORNER OF 119TH STREET WEST AND CENTRAL (PAUL KELSEY). Agenda Report No. 95-473. Motion -- Knight moved that the annexation request be approved and the annexation -- carried Ordinance be placed on first reading. Motion carried 7 to 0. ORDINANCE 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, introduced and under the rules laid over. A- 95-6 Z-3166 Z-3166 - ZONE CHANGE REQUEST FROM THE "AA" ONE FAMILY DWELLING DISTRICT AND THE "B" MULTIPLE FAMILY DWELLING DISTRICT TO THE "LC" LIGHT COMMERCIAL DISTRICT, LOCATED AT THE NORTHEAST CORNER OF MAPLE AND TRACY. (DISTRICT IV) Agenda Report No. 95-474. Staff Recommendation: Approve the "LC" Light Commercial zoning for the southern 250 feet of this site (measured from the section line), and deny the "LC" Light Commercial zoning on the northern 85-foot portion of this site which is developed with the single family home that fronts onto Tracy. MAPC Recommendation: Approve "LC" Light Commercial for only the southern 250 feet (measured from the section line), and subject to platting within one year. CPO Recommendation: Southwest CPO Council "4" voted 4-1 to recommend approval only for the southern 250 feet of the property, and to recommend disapproval for the "LC" Light Commercial requests on the northern 85 feet of the property, subject to MAPD staff comments. On April 27, 1995, the MAPC considered a zone change from the 'AA' One Family Dwelling District and the 'B' Multiple Family Dwelling District to the 'LC' Light Commercial District for a 0.93 acre unplatted site located at the northeast corner of Maple and Tracy. The site has 135 feet of frontage along Maple and is currently developed with two single family homes that front onto Maple. The site also has 335 feet of frontage along Tracy, with the northern 85 feet developed with a single family home that fronts onto Tracy. No uses are proposed for the site at this time. The property is bordered by a Phillips 66 convenience store at the northwest corner of the intersection, a Spears restaurant and Venture discount store on the south side of Maple, Snappy Photo to the east at the northwest corner of Maple and Nevada, and single family homes to the north and also to the west. Motion -- Knight moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC to approve the zone change for the southern 250 feet (measured from the section line) and deny the zone change for the northern 85-foot portion of the application area, subject to the condition of platting, be approved; and the Planning Department be instructed to forward the Ordinance for first reading when the plat is forwarded to the City Council. Motion carried -- carried 7 to 0. Z-3167 Z-3167 - ZONE CHANGE REQUEST FROM THE "BB" OFFICE DISTRICT TO THE "LC" LIGHT COMMERCIAL DISTRICT, LOCATED AT THE NORTHEAST CORNER OF MAPLE AND BRUNSWICK. Agenda Report No. 95-475. MAPC Recommendation: Approve, subject to filing of the voluntary restrictive covenant submitted at the MAPC hearing (13-0-1). Staff Recommendation: Approve, subject to filing of the voluntary restrictive covenant submitted at the MAPC hearing. CPO Recommendation: Northwest CPO Council "5" voted 9-0 to recommend approval of the request subject to MAPD recommended conditions and to voluntary restrictive covenants. On April 27, 1995, the MAPC considered a zone change from the 'BB' Office District to the 'LC' Light Commercial District for an 0.68 acre portion of Lot 1, Westview 3rd Addition. The subject property (approximately 162' x 188') is currently undeveloped and located at the northeast corner of Maple and Brunswick. The applicant proposes to develop a carpet showroom on the site. The surrounding area is characterized by a mixture of residential uses, commercial uses, and undeveloped property zoned for office and commercial uses. The subject property is bordered by a 7-Eleven convenience store and retail strip center to the east, undeveloped office property to the north, single family residential homes on the west side of Brunswick, and an undeveloped commercial CUP to the south (DP- 37). The undeveloped Ridge Plaza CUP to the south (DP-37) was first approved in 1970 and amended in 1980. The CUP permits a number of 'LC' uses including service stations, retail stores, restaurants, financial institutions and motel/hotels. All landscaping, screening, and signage requirements are per the City Code. The subject property currently has complete access control to Brunswick and the applicant indicates that the access controls would be maintained. In order to buffer the site from the nearby residential homes, the applicant volunteered a restrictive covenant to restrict the uses permitted on the property to 'OC' Office Commercial and carpet showrooms and establish a 35 foot building setback requirement along Maple. The applicant also volunteered to place a wrought iron fence and a 20 foot landscape buffer with solid screening of evergreen trees along Brunswick and construct a wood fence along the north side of the application area. Ground or pole signs along Maple would be restricted to the requirements of the 'BB' Office District -- or 32-square feet of gross surface area for a single tenant. Motion -- Knight moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC be approved, subject to the recommended condition of recording the voluntary restrictive covenant, and the Ordinance be placed on first reading with publication withheld until the covenant is recorded -- carried with the Register of Deeds. Motion carried 7 to 0. ORDINANCE 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. Z-3167 Z-3168 Z-3168 - ZONE CHANGE REQUEST FROM THE "A" TWO FAMILY DWELLING DISTRICT TO THE "BB" OFFICE DISTRICT, LOCATED SOUTHWEST OF EDWARDS AND ELM STREETS. (DISTRICT VI) Agenda Report No. 95-476. Staff Recommendation: Approve, subject to replatting within one year to obtain necessary building setbacks and access controls. MAPC Recommendation: Approve, subject to replatting within one year to obtain necessary building setbacks and access controls. CPO Recommendation: North Central CPO Council "6" voted 7-0 to recommend approval subject to MAPD staff comments. On April 27, 1995, the MAPC considered a zone change from the 'A' Two Family Dwelling District to the 'BB' Office District for 1.57 acres platted as Lots 25-28, Sim Park Gardens. The site is located in an area southwest of Edwards and Elm Streets. The Riverside Hospital proposes to develop the site with a parking lot for the hospital complex. The subject property is surrounded by a mixture of residential and institutional uses. Zongker Drugs is located to the south, Riverside Hospital and parking for the hospital are located to the east and southeast, duplex dwellings are located on the north side of Elm with single family homes also located further to the north, and single family homes are located adjacent to the site to the west. The residential dwellings nearby are predominately one (1) story in height. Riverside Hospital proposes to initially construct a surface parking lot on the site. A surface parking lot would be permitted under the existing zoning with approval of an exception of the zoning regulations by the Board of Zoning Appeals. However, Riverside Hospital indicates the desire to construct a parking garage on this site in the future. Thus requiring the need for a zoning change. The proposed 'BB' zoning district would be consistent with the zoning of the remainder of the hospital complex, yet it would also permit additional uses to be developed on the site and also allow for a 55 foot structure at the building setback lines or a much taller structure if it were set back further for the required setback lines -- as opposed to the 35 foot height restriction of the 'AA' and 'A' zoning districts. The maximum building height in the 'BB' district can be increased by one (1) foot for each one (1) foot that a building is set back from the required setback lines. For instance, if a building were constructed 25 feet from the setback lines, an 80 foot structure would be permitted. Motion -- Knight moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC be approved, subject to the recommended conditions, and the Planning Department be instructed to forward the Ordinance for first reading when the plat is forwarded to the City Council. Motion carried -- carried 7 to 0. Z-3169 Z-3169 - ZONE CHANGE REQUEST FROM THE "B" MULTIPLE FAMILY DWELLING DISTRICT AND THE "C" COMMERCIAL DISTRICT TO THE "E" LIGHT INDUSTRIAL DISTRICT, LOCATED ON THE WEST SIDE OF WASHINGTON BETWEEN MORRIS AND LINCOLN. (DISTRICT IV) Agenda Report No. 95-477. Staff Recommendation: Approve, subject to replatting within one year. MAPC Recommendation: Approve, subject to platting within one year. CPO Recommendation: Southwest CPO Council "4" voted 7-0 to recommend approval subject to MAPD staff comments. On April 27, 1995, the MAPC considered a zone change from the 'B' Multiple Family Dwelling District and the 'C' Commercial District for 0.68 acres located on the west side of Washington between Morris and Lincoln. The southern portion of the application area zoned 'C' is currently occupied by a small storage building for Jordan Building Co. Incorporated. The portions of the site zoned 'B' are occupied by two single family homes. The center portion of the site zoned 'C', located between the single family homes and platted as the JR Gunzelman Addition, is currently undeveloped. The applicant proposes to redevelop the application area with an office, warehouse, and retail sales area for Jordan Building Co. Inc., a building supply company. Although offices, warehouses, and retail sales are permitted in the 'C' district, the applicant indicates that 'E' zoning is necessary for the proposed development because the business will likely include a building material storage yard area. The business is engaged in retail home improvements and home improvement products and wholesaling activities for materials such as siding, windows, doors, insulation, and accessories for building contractors. The applicant proposes to construct a 12,000 square foot building on the site. The subject property is bordered by a mixture of commercial and industrial uses. Dutch's Steak House is located to the south, a number of industrial buildings are located to the west, the Old Jack Club is located to the north, and the Cameron Body Shop and a vacant service station are located on the east side of Washington. Motion -- Knight moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC be approved, subject to the recommended conditions, and the Planning Department be instructed to forward the Ordinance for first reading when the plat is forwarded to the City Council. Motion carried -- carried 7 to 0. Z-3170 Z-3170 - ZONE CHANGE FROM THE "A" TWO FAMILY DWELLING DISTRICT TO THE "LC" LIGHT COMMERCIAL DISTRICT, LOCATED 1/3 MILE SOUTH OF HARRY ON THE EAST SIDE OF OLIVER. Agenda Report No. 95-478. Staff Recommendation: Approve "LC" Light Commercial subject to recording of the voluntary restrictive convenant. MAPC Recommendation: Approve "LC" Light Commercial subject to recording of the voluntary restrictive covenant. Motion -- Knight moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC be approved, subject to the recommended condition of recording the voluntary restrictive covenant, and the Ordinance be placed on first reading with publication withheld until the covenant is recorded -- carried with the Register of Deeds. Motion carried 7 to 0. ORDINANCE 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. Z-3170 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, legal advice, and contract negotiations, and the regular meeting be resumed no later than 4:00 P.M. -- carried in the City Council Chambers. Motion carried 7 to 0. RECESS Council recessed at 3:36 P.M. and reconvened in regular session at 4:00 P.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 4:00 P.M. Pat Burnett Deputy City Clerk COUNCIL PROCEEDINGS JOURNAL 158 JUNE 6, 1995 Page 1