MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, December 3, 1996 Tuesday, 9:13 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cather, Cole, Gale, Kamen, Rogers; present. *Council Member Ferris absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Rev. Marlin White, Unity Church. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. Mayor Knight Mayor Knight asked that a letter be sent to Pastor Anderson and the Church members expressing profound regret and sympathy for the arson damage to their Church. Larry Garcia Fire Chief said the arson was an act of terrorism and that every effort would be made to bring the guilty to justice. Ron Blackwell Fire Marshall said the ATF and FBI are involved in the investigation. Mr. Blackwell encouraged the public to not jump to conclusions regarding reasons for the arson. Motion -- Cather moved that the Mayor issue a letter to Pastor Anderson and the Church Members proclaiming sympathy and condemning the act of arson. Motion carried -- carried 6 to 0. (Ferris absent) Minutes -- The minutes of the regular meeting of November 26, 1996, were -- approved approved 6 to 0. (Ferris absent) AWARDS AND PRESENTATIONS PROCLAMATIONS Mayor Knight presented the Proclamations previously approved. UNFINISHED BUSINESS 18TH STREET GATE REQUEST BY NORTH RIVERSIDE NEIGHBORHOOD ASSOCIATION TO INSTALL A GATE AT 18TH STREET. (District VI) Continued from November 19, 1996. Chris Cherches City Manager reviewed the Item. Council Member Cole Council Member Cole asked that this Item be deferred an additional two weeks to allow time to discuss the matter with the neighborhood. Motion -- carried Knight moved that this Item be deferred two weeks. Motion carried 6 to 0. (Ferris absent) NEW BUSINESS IRB - COLEMAN PUBLIC HEARING AND ISSUANCE OF INDUSTRIAL REVENUE BONDS - THE COLEMAN COMPANY, INC. (District I) Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-985. On August 10, 1993, the City Council approved the issuance of a Letter of Intent for Industrial Revenue Bonds, in an amount not to exceed $80.0 million, issued to The Coleman Company, Inc. with a term of five years, and approved a ten-year 100% property tax abatement for property financed with IRBs. Proceeds from the sale of the Bonds are being used to finance the construction of a new corporate headquarters, the expansion of existing manufacturing facilities and the purchase of additional machinery and equipment for its manufacturing facilities in Wichita and Maize. On December 14, 1993, the City Council approved the issuance of the first installment of IRBs under the $80 million Letter of Intent, in the amount of $10.5 million. On November 29, 1994 a second installment of IRBs was approved in the amount of $25.0 million and on December 5, 1995, a third installment of bonds was approved in the amount of $15.0 million. The proceeds from all bond sales were used for new equipment and modernization of automated manufacturing systems at Coleman's northeast Wichita plant and its plant located in the City of Maize, and for environmental improvements at the northeast Wichita plant. The Coleman Company is now asking the City to issue a fourth installment of IRBs under the $80 Letter of Intent, in an amount not to exceed $13.8 million, covering qualified capital expenditures incurred in 1996. Proceeds from the sale of the $13.8 million in Industrial Revenue Bonds will be applied as follows: Northeast Wichita Plant $10,600,000 Maize Plant 3,200,000 Total Not to Exceed $13,800,000 The Coleman Company, Inc. expects to add between 262 and 1,042 new jobs to their Wichita and Maize plants during the six year period covered by their Letter of Intent. The majority of the new jobs will be in the areas of manufacturing and clerical positions with an average hourly wage of between $11 and $12. Coleman's 1993 annual payroll in Sedgwick County was $50.7 million and the expected annual payroll increase resulting from the minimum 262 new jobs is $4,492,000. Coleman exports 99% of its products out of the State of Kansas. The Coleman Company, Inc. has an approved EEO/AA Plan on file with the City of Wichita and the City of Maize. The cost/benefit analysis on Coleman's $80 million expansion project, performed by the University of Kansas Institute of Public Policy and Business Research, showed a Benefit-Cost Ratio of 1.92 to 1. The Coleman Company, Inc. agrees to pay all costs of issuing the bonds and agrees to pay the City's annual administrative fee for the term of the bonds. The Coleman Company was granted a 100% abatement of ad valorem property taxes in connection with the issuance of the bonds. The Coleman Company paid $667,506 in 1995 taxes on property it owns in Sedgwick County, including $596,352 on property located within the City of Wichita and $71,153 for property located in Maize. The total amount of estimated taxes to be abated by virtue of this year's IRB issue is $433,305, of which $91,185 is for the City of Wichita, $24,528 is for the City of Maize, $105,600 is for Sedgwick County, $155,466 is for U.S.D. 259 and $50,642 is for U.S.D. 266 (Maize). Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Rogers moved that the public hearing be closed; and the Bond Ordinance which will approve the Bond Documents including the: Trust Indenture; Lease; Bond Purchase Agreement; and Administrative Service Fee Agreement be placed on first reading. -- carried Motion carried 6 to 0. (Ferris absent) ORDINANCE An Ordinance authorizing the City of Wichita, Kansas to issue its taxable Industrial Revenue Bonds, Series VIII, 1996 (The Coleman Company, Inc.), in the aggregate principal amount of not to exceed $13,800,000 for the purpose providing funds to purchase, acquire, construct and equip improvements and additions to certain existing facilities located in the City of Maize, Kansas and the City of Wichita, Kansas; prescribing the form and authorizing execution of a third supplemental trust indenture by and between the city and Boatmen's National Bank, Wichita, Kansas, as trustee with respect to the bonds; prescribing the form and authorizing execution of a third supplemental lease agreement by and between the city and The Coleman Company, Inc.; approving the form of a guaranty agreement; authorizing the execution of a bond purchase agreement by and between the city, and The Coleman Company, Inc., as purchaser of the bonds, introduced and under the rules laid over. IRB - CHAUCER ESTATES PUBLIC HEARING AND ISSUANCE OF ASSISTED CARE AND INDEPENDENT LIVING FACILITY REVENUE BONDS - CHAUCER ESTATES, L.L.C. (District II) Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-986. On October 15, 1996, the City Council approved the issuance of a Letter of Intent for Elderly Housing Revenue Bonds in an amount not to exceed $6,500,000 to Chaucer Estates, L.L.C. The Bonds will be issued as Assisted Care and Independent Living Facility Revenue Bonds. Bond sale proceeds will be used to finance the construction and equipping of Chaucer Estates, located ½ mile east of the northeast corner of Webb Road and 21st Street North in northeast Wichita. Chaucer Estates will be developed and owned by Chaucer Estates, L.L.C., a Kansas limited liability company, comprised of three members, Donald E. Schmidt, John W. McKay, Jr. and J. W. Russell, all of Wichita. Chaucer Estates, L.L.C. will enter into a management agreement with Schmidt Enterprises, Inc. for the management of Chaucer Estates. These individuals are owners of Park West Plaza, an assisted living facility located in west Wichita that was financed with industrial revenue bonds issued in 1995. The assisted living facility will consist of sixty (60) large one and two bedroom apartments, approximately 562-785 sq. ft. in size, designed to accommodate single or double occupancy and 22-1000 s.f. independent living units with a complete service and support program to accommodate those residents who require assistance, but not full nursing care. Persons in the assisted living facility will be provided an apartment type environment with three meals a day, housekeeping, laundry service, activities and medication monitoring and supervision. In addition, the residents will have access to a 3,000 s.f. dining room, a library, an arts and crafts room, a coffee shop/ice cream parlor, a chapel, an exercise area, two open air courtyards, a beauty salon, space for music lectures and films and an above ground storm shelter. The program and facility together are designed to serve those who require some assistance, but seek privacy, comfort and security in an up- scale living environment and the facility will comply in all respects with the Americans With Disabilities Act. The company expects to employ approximately 25 to 30 people by the end of the first full operating year. The project is expected to generate ad valorem taxes of approximately $177,100 per year. The investment banking firm of Riedl & Co. will underwrite the bonds and will publicly re-offer the bonds to investors. The law firm of Hinkle, Eberhart & Elkouri will serve as bond counsel. The project will be financed by a combination of bond proceeds and tenant funds as follows: SOURCE OF FUNDS Bond proceeds $6,500,000 Chaucer Estates, L.L.C. 1,000,000 TOTAL SOURCES $7,500,000 USES OF FUNDS Land and building $6,175,700 Architectural & design fees 102,000 Bond reserve 200,000 Accounting, legal, financing 615,500 Working capital 406,800 TOTAL USES $7,500,000 Chaucer agrees to comply with the City's requirements for an EEO/AA Plan and has agreed to provide the City with a Water Conservation Plan prior to the issuance of the refunding bonds. Chaucer has agreed to pay all costs of issuing the bonds and agrees to pay the City's $2,500 annual administrative fee for the term of the bonds. Chaucer is not requesting a tax abatement as a result of the issuance of the bonds. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Kamen moved that the public hearing be closed; the Bond Ordinance which will approve the Bond Documents including the: Trust Indenture, Lease Agreement, Guaranty Agreement, and Bond Purchase Agreement be placed on first reading; and a change in the title of the bonds from "Elderly Housing Revenue Bonds" to "Assisted Care and Independent Living Facility Revenue Bonds" be approved. -- carried Motion carried 6 to 0. (Ferris absent) ORDINANCE An Ordinance of the City of Wichita authorizing the City of Wichita, Kansas to issue its Assisted Care and Independent Living Facility Revenue Bonds, Series IX, 1996 (Chaucer Estates, L. L. C.) in the aggregate principal amount of $6,500,000, for the purpose of constructing furnishing and equipping a new 60-unit assisted care facility and 22 independent living units located in the city of wichita, Kansas; authorizing the execution of a trust indenture by and between the city and Boatmen's National Bank, in the city of Wichita, Kansas, as trustee; authorizing the city to lease the project to Chaucer Estates, L.L.C.; authorizing execution of a lease between the city and Chaucer Estates, L.L.C.; authorizing the execution of a land use restriction agreement by and between the city, the trustee and Chaucer Estates, L.L.C.; approving the form of a guaranty agreement; and authorizing the execution of a bond purchase agreement by and between the city, Chaucer Estates, L.L.C. and Riedl & Co., as underwriter, introduced and under the rules laid over. IRB - CIMARRON PUBLIC HEARING AND ISSUANCE OF MULTI-FAMILY HOUSING REVENUE BONDS - CIMARRON ACQUISITION, INC. (District V) Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-987. On November 14, 1995, Cimarron Acquisition, L.P., a Missouri Limited Partnership, was issued a Letter of Intent for multi-family housing revenue bonds in an amount not to exceed $2.5 million. The bonds will finance the acquisition and rehabilitation of the Cimarron Apartments, a proposed multi- family housing project for low and moderate income families, located at 734 North Ridge Road. The Cimarron Apartments are a 132-unit apartment complex located in west Wichita on approximately 5.8 acres of land near Central and Ridge Road. The property consists of 9 apartment buildings with a total of 103,532 s.f. of leasable space and includes an office, laundry facilities, a fenced playground and a swimming pool. Each unit has a patio or balcony. The project is in need of exterior improvements, including parking lot repairs, painting, roofs, and concrete work. The interiors need new appliances and carpeting. Cimarron Acquisition, L.P. is a Missouri Limited Partnership organized to acquire, develop and operate this project. The partnership is an affiliate of KelCor, Inc. which has developed similar projects including the 82-unit Bannister Arms Apartments in Kansas City, Missouri and the 170-unit Oakbrook Apartments in Topeka, Kansas. The project is designed and intended to meet the federal tax code requirements for tax-exempt bonds issued for a "qualified housing project." At least 20% of the units (27 units) will be reserved for families and individuals that meet low income requirements prescribed by the tax code. In Wichita, that generally means a family with a combined gross income of less than $20,000 per year. While low income tenants will receive preference in the rental of the qualified units, there will be no rent subsidy resulting from the bonds and all tenants will be subject to the same criteria for acceptance as tenants. The total estimated costs of the project, and the sources of funding are as follows: Sources of Funds Bond Proceeds $ 2,500,000 Borrower's Equity 800,000 Total Sources of Funds: $ 3,300,000 Uses of Funds Acquisition of Cimarron $ 2,100,000 Rehabilitation Costs 500,000 Bond Reserve 200,000 Credit Enhancement 100,000 Cost of Issuance 100,000 Miscellaneous 300,000 Total Uses of Funds $ 3,300,000 The bonds will be issued in two series, Series A & B, with Series B being completely subordinated to the Series A bonds. The Series A bonds will be a private placement and purchased by a Missouri Bank & Trust Co. and the Series B bonds will be purchased by the Tenant. Bond Counsel for the transaction is the firm of Hinkle, Eberhart & Elkouri, LLC, Wichita. Cimarron Acquisition agrees to submit an Equal Employment Opportunity/ Affirmative Action Plan and a Water Conservation Plan to the City as a condition for the issuance of the bonds. Cimarron Acquisition, agrees to pay all costs of issuing the bonds and to pay the City's $2,500 annual administrative service fee for the term of the bonds. Cimarron Acquisition does not request an abatement of ad valorem property taxes in conjunction with the issuance of the bonds. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the public hearing be closed; and the Bond Ordinance which will approve the Bond Documents including the: Trust Indenture; Lease; Bond Purchase Agreement; and Administrative Service Fee Agreement be placed on first reading. -- carried Motion carried 6 to 0. (Ferris absent) ORDINANCE An Ordinance authorizing the city of Wichita, Kansas to issue its Multifamily Housing Revenue Bonds, Series, 1996 (Cimarron Apartments Project), in the aggregate principal amount of not to exceed $2,500,000 for the purpose of paying the costs of purchasing, acquiring, rehabilitating, furnishing and equipping an existing multifamily housing facility located in the city of Wichita, Kansas; authorizing the execution and delivery of a trust indenture by and between the city and a trustee named therein; authorizing execution and delivery of a lease between the city and Cimarron Acquisition, L.P., a Missouri Limited Partnership, as tenant; approving the form of a guaranty agreement between the tenant and trustee; authorizing the execution of a land use restriction agreement by and between the city, the trustee and the tenant; authorizing the execution of a bond purchase agreement by and between the city, the tenant and Missouri Bank and Trust Company, Kansas City, Missouri, as purchaser of the Series X-A, 1996 bonds; and authorizing the execution of a bond placement agreement by and between the city, the tenant and Bond Purchase, L.L.C., as purchaser of the Series X-B, 1996 bonds, introduced and under the rules laid over. IRB - MCCORMICK- PUBLIC HEARING AND ISSUANCE OF INDUSTRIAL REVENUE BONDS - MCCORMICK-ARMSTRONG ARMSTRONG CO., INC. (District VI) Chris cherches City Manager reviewed the Item. Agenda Report No. 96-988. On October 29, 1996, the City Council approved the issuance of a Letter of Intent for Industrial revenue Bonds in an amount not-to-exceed $11.0 million for a five-year period to McCormick-Armstrong Co., Inc. The bond proceeds will be used to finance the purchase of new machinery and equipment for its plant located at 1501 E. Douglas in near-east Wichita. McCormick-Armstrong Co., Inc. was also granted an 100% property tax abatement for a 5+5-year term on the project. McCormick is one of the larger commercial print product manufacturers in the state of Kansas and is a state-of- the-art commercial printer, specializing in advertising products, catalogs, short run publications, calendars and local view cards and is privately owned by E. W. Armstrong and family. McCormick also owns Williams Printing Co. in Colorado Springs, Colorado and maintains additional satellite sales offices in Kansas City, Denver and Oklahoma City. Seventy-six percent (76%) of McCormick's sales are outside the state of Kansas. The Company currently employs 90 people at its Wichita plant with a 1995 annual payroll of $2,915,127. With the proposed expansion project, the Company anticipates adding 50 additional employees within five years and add over $1.4 million to its annual gross payroll. Bond proceeds will be used to purchase a printing press with supporting equipment and a computer with supporting software. The bonds will be purchased by GE Capital Public Finance, Inc. The Company has selected the law firm Hinkle, Eberhart & Elkouri to serve as bond counsel. McCormick currently has an approved Equal Employment Opportunity/ Affirmative Action Plan on file with the City and agrees to provide a Water Conservation Plan for approval prior to the issuance of any bonds. McCormick-Armstrong Co., Inc. agrees to pay all costs of issuing the bonds, and agrees to pay the City's annual administrative fee for the term of the bonds. McCormick- Armstrong Co., Inc. was granted a tax abatement on the equipment financed with the proceeds of the bonds. The actual existing 1995 taxes paid by McCormick-Armstrong Co., Inc. were $35,816 for real property and $94,608 for personal property. The amount of the tax abatement for personal property under this 1996 bond issue is estimated to be $59,415 for the first year. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Don Sterns Don Sterns, City Blue Print, said his Company had applied for IRBs and had been informed that without original receipts for equipment the bonds would not be approved. Mayor Knight Mayor Knight said the necessary documents for approval have been presented. Motion -- Cole moved that the public hearing be closed; the Bond Ordinance which will approve the Bond documents be placed on first reading; the requirement for an Environmental Site Assessment with respect to the issuance of the 1996 Bonds be -- carried excused. Motion carried 6 to 0. (Ferris absent) ORDINANCE An Ordinance of the city of Wichita, Kansas authorizing the issuance of $2,460,000 aggregate principal amount of Industrial Revenue Bonds, Series XI, 1996 (McCormick- Armstrong Co., Incorporated) for the purpose of providing funds to purchase, acquire and install certain machinery and equipment in an existing manufacturing facility; prescribing the form and authorizing execution of a trust indenture by and between the city and the trustee named therein; prescribing the form and authorizing the execution of a lease agreement by and between the city and McCormick-Armstrong Co., Incorporated; approving the form of a guaranty agreement; authorizing the execution of a bond purchase agreement by and between the city, McCormick- Armstrong Co., Incorporated and GE Capital Public Finance, Inc., Minneapolis, Minnesota, as purchaser of the bonds, introduced and under the rules laid over. IRB - LEARJET PUBLIC HEARING AND ISSUANCE OF INDUSTRIAL REVENUE BONDS - LEARJET, INC. (District V) Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-989. On September 10, 1996, the Council approved a Letter of Intent to issue Industrial Revenue Bonds in an amount not to exceed $86.0 million to Learjet, Inc. over a three-year period. Council also granted Learjet a 100% tax abatement for a ten year term. Proceeds of the Bond sales are to be used to expand and equip facilities located at One Learjet Way. Bond sale proceeds will be used to construct new buildings, renovate existing buildings and purchase machinery and equipment to modernize its Wichita manufacturing and office facilities located at One Learjet Way (formerly Harry Street) located near the intersection of Kellogg and Tyler Road in west Wichita. Learjet was also granted a 100% ad valorem tax abatement for a 10-year period. The proposed project will provide for the expansion and upgrading of facilities and equipment to accommodate the increased personnel and space required to develop and produce Learjet's three business jet aircraft; the entry-level Learjet 31A, the medium size Learjet 60 and the new small-to-mid size Learjet 45. Bond sale proceeds will be used to expand and modernize the Learjet facilities. The new facilities and equipment will provide adequate space for the development and manufacture of the new Learjet 45 aircraft, while continuing support for existing Learjet aircraft models. To build and service the aircraft Learjet will hire 300 additional employees during 1996. Bond proceeds will be applied as follows: USES OF BOND PROCEEDS * Manufacturing Building and Office Relocation and Refurbishment: $ 8,198,000 * Machinery and Equipment: 4,202,000 Total Cost of Project: $12,400,000 Learjet agrees to pay all costs of issuing the bonds and agrees to the City's annual $2,500 administrative fee for the term of the bonds. The bonds, as presently expected, will be purchased by the Learjet, Inc. or by Bombardier, Inc. and not offered for public sale. Learjet, Inc., has an approved EEO/AA plan on file with the city. Estimated taxes to be exempted on the $12.4 million expansion, under the new county mill levy, would be $332,531 for the first year with $92,178 being abated from the City's portion, $87,289 from the County/State and $153,064 from the School Board's. Learjet presently pays in excess of $808,000 annually in personal and real property taxes. In 1992, Learjet entered into a Consent Order with the Kansas Department of Health and Environment acknowledging that groundwater contamination exists at its Wichita plant site. Learjet will enter into an agreement with the City under which Learjet will defend and indemnify the City against and for any liability of the City which may arise solely as a consequence of the City issuing the Bonds requested by Learjet. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Don Sterns Don Sterns said he wanted to inform Learjet that some IRBs were being held back because some companies did not have original invoices. Motion -- Knight moved that Condition #9 of Learjet's Letter of Intent be modified to accept a hydrogeological study from Learjet in lieu of an Environmental Site Assessment; the Public Hearing be closed; and the Bond Ordinance which will approve the Bond Documents and authorize the Mayor to execute the same be placed -- carried on first reading. Motion carried 6 to 0. (Ferris absent) ORDINANCE An Ordinance authorizing the city of Wichita, Kansas, to issue its taxable industrial revenue bonds in the aggregate principal amount of $12,240,000 for the purpose of providing funds to purchase, acquire construct and equip improvements and additions to certain existing facilities located in the city of Wichita, Kansas; prescribing the form and authorizing execution of a trust indenture by and between the city and Boatmen's National Bank, Wichita, Kansas, as trustee with respect to the bonds; prescribing the form and authorizing the execution of a lease agreement by and between Learjet Inc. and the city; approving the form of a guaranty agreement; authorizing the execution of easement agreements; and authorizing the execution of a bond purchase agreement by and between the city and Learjet Inc., as purchaser of the bonds, introduced and under the rules laid over. IRB - CESSNA REQUEST FOR LETTER OF INTENT - CESSNA AIRCRAFT COMPANY. (District III & V) Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-990. The Cessna Aircraft Company (Cessna), the world's largest manufacturer of general aircraft, has requested issuance of a Letter of Intent for tax exempt Industrial Revenue Bonds in an amount not to exceed $200.0 million to be issued over a five-year period. Cessna is also requesting that their December 12, 1992 Letter of Intent for $200.0 million be extended to enable them to utilize the remaining balance of approximately $87.0 million on future projects. Bond sale proceeds will be used to expand and equip facilities located on One Cessna Boulevard and 5800 E. Pawnee. The proposed project will provide for the expansion and upgrading of facilities and equipment to accommodate the increased personnel and space required to develop and produce the four new business jet aircraft; CitationJet, Citation VI, VII and X, introduced in 1989 and 1990. Improvements and related expenditures planned during the 1996-2000 period at the two Cessna sites include facility renovations and upgrades to accommodate the Citation X including conversion of the prospect facility from warehousing to fabrication/sub-assembly and rearrangement of the Mid-Continent facility to meet assembly requirements for the plane. In addition, plans for new facilities provide for a new delivery center to accommodate the much larger Citation X, a 20,000 sq. ft. expansion of the flight hangar and a two-bay extension to the current final paint preparation facility. Bond sale proceeds will be used to expand and equip the two Cessna facilities. The new facilities and equipment will provide adequate space for the development and manufacture of the new aircraft, while continuing support for existing Cessna aircraft models. The increase in Fanjet Aircraft orders forecast for this period will result in continued increases in manufacturing and support staffs in Wichita. To build and service the aircraft Cessna has hired 814 additional employees during 1994 and 1995. Cessna anticipates the creation of approximately 300 more new jobs in 1996 and many additional new jobs during the 1996-2000 period. A notice has been mailed to the County and Board of Education regarding this bond issue. Cessna Aircraft Company has an approved EEO/AA plan on file with the City. City staff has requested Cessna provide further detailed data for submittal to WSU in order to prepare the cost-benefit analysis for the Local Government Fiscal and Economic Impact Model. This material will be provided to the Council upon its receipt from Wichita State University's Center for Economic Development and Business Research. Cessna agrees to pay all costs of issuing the bonds and agrees to the City's annual $2,500 administrative fee for the term of the bonds. A portion of the bonds, as presently expected, will be sold to Textron or one of its subsidiaries and not offered for public sale. The remaining portion of the bonds will be publicly offered. The payment of principle and interest on the sale of the bonds not purchased by Textron or one of its subsidiaries will be additionally secured by either; (1) the guarantee of Textron, (2) a high quality letter of credit, or (3) some other acceptable method of credit enhancement. Cessna requests 100% ad valorem tax abatement for ten (10) years in accordance with Kansas statutes. The tax abatement will permit Cessna to proceed with their projects and significantly enhance Cessna' ability to realize the growth and resultant public benefits. Estimated taxes to be exempted on the $200.0 million expansion, under the new County mill levy, would be $5.1 million for the first year. Cessna presently pays in excess of $3.3 million annually for personal and real property taxes. The City has previously issued Cessna over $236 million in Industrial Revenue Bonds through December of 1995 to further expand and equip production facilities at Cessna's two production facilities and to upgrade and replace machinery and equipment to accommodate the development and production of Cessna's product line. Cessna currently has $86.97 million of authorized funds remaining on the 1992 Letter of Intent and approval of the requested Letter of Intent to issue an additional $200 million will provide Cessna with approximately $286 million of industrial revenue bonds to be issued during the time period 1996 through 2000. Cessna Aircraft Company is eligible for a 100% tax exemption, if considered under the City's business Incentive Policy. The exemption is based upon Cessna exporting a major percentage of its products out of the state of Kansas, a capital investment of over $200.0 million and the creation of over 300 new jobs during 1996 and plans to create additional new jobs by the end of the year 2000. Cessna has selected Hinkle, Eberhart & Elkouri as bond counsel. Cessna has selected Bank IV to act as Trustee for the bonds. Bank IV has a commercial banking relationship with Cessna Finance Corporation, a subsidiary of Cessna. The underwriters and credit enhancement parties will agree to waive any conflict of interest arising from such commercial bank relationship. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Don Sterns Don Sterns said that if companies do not retain original receipts, there will be no tax relief. Mayor Knight Mayor Knight suggested that, at a workshop, Allen Bell and Winton Hinkle might explain the need for certain records to be kept and whose responsibility it is to maintain those records. Motion -- Cather moved that the December 15, 1992, Letter of Intent be extended for a 5-year period to December 3, 2001; a new Letter of Intent be issued to the Cessna Aircraft Company in an amount not to exceed $200.0 million for a five-year period ending December 3, 2001, subject to the conditions listed below; and a 100% tax abatement be granted on the project: 1. Negotiation of a Lease Agreement, Trust Indenture and Bond Ordinance. 2. Arrangements have been made for the sale/placement of the bonds. 3. Guarantees for the payment of the bonds are in place. 4. Agreement to pay the City administrative fees of $2,500 per year for as long as the bonds are outstanding. 5. Agreement to pay all costs incurred by the City for processing the bonds/application. 6. An approved Equal Employment Opportunity/Affirmative Action Plan is on file with the City prior to issuance of the bonds. 7. An approved Water Conservation Plan is on file with the City prior to issuance of the bonds. 8. Agreement to submit building and site plans to CART (City manager's Ascetic Review Team) for review and to modify the proposed design to comply with any reasonable CART conditions or recommendations. 9. Agreement to provide the City, prior to submitting the proposed Lease Agreement, an Environmental Site Assessment (ESA) that documents the environmental conditions of the property, and an agreement that the ESA will be conducted by and independent consultant who is a recognized expert in the area. Industrial Revenue Bonds will not be issued if the ESA discloses environmental conditions that might have implications for bond purchasers under the liability provisions of the Superfund Amendments and Reauthorization Act (SARA). 10. Agreement that if the bonds are to be offered for sale to the public, the applicant will not, during the period of time the bonds are outstanding, have a commercial banking relationship with the trustee of the bonds to be issued unless the original purchaser of the bonds acknowledges in writing the existence of the relationship and waives any conflict that might exist as a result of the relationship. 11. Applicant is required to furnish copies of its annual financial statements to the City. 12. Cooperation with any annual compliance audit procedure the City may adopt to monitor compliance with conditions, including any annual reports required of the applicant and any inspections of the applicant's premises or interviews with the applicant's staff. 13. Commitment to achieve and maintain its proposed employment goals, and to meet its Equal Employment Opportunity/Affirmative Action goals, during the term of the bonds. 14. Applicant is encouraged to utilize Minority- owned Business Enterprises (MBE) and Women-owned Business Enterprises (WBE) as contractors, subcontractors, engineers, architects, suppliers and vendors whenever possible. -- carried Motion carried 6 to 0. (Ferris absent) IRB - BROADMOOR AT REQUEST FOR A LETTER OF INTENT FOR MULTI-FAMILY HOUSING REVENUE BONDS - BROADMOOR CHELSEA AT CHELSEA ACQUISITION, L.P. (District II) Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-991. Broadmoor at Chelsea Acquisition, L.P., a Missouri Limited Partnership, has requested issuance of a Letter of Intent to issue multi-family housing revenue bonds in an amount not to exceed $6.0 million. The bonds will finance the acquisition and rehabilitation of the Broadmoor at Chelsea Apartments, a proposed multi-family housing project for moderate income families, located at 7677 East 21st Street in northeast Wichita. The tenant is not requesting an ad valorem tax abatement on the property. The Broadmoor at Chelsea Apartments is a 240- unit apartment complex located in northeast Wichita on approximately 12.08 acres of land near 21st Street and Broadmoor. The property consists of 23 apartment buildings with a total of 193,760 s.f. of leasable space and includes an office, laundry facilities, a fenced playground and a swimming pool. Each unit has a patio or balcony. The project is in need of exterior improvements, including parking lot repairs, painting, roofs, and concrete work. The interiors need new appliances and carpeting. Broadmoor at Chelsea Acquisition, L.P. is a Missouri Limited Partnership organized to acquire, develop and operate this project. The partnership is an affiliate of KelCor, Inc. which has developed similar projects including the 170-unit Oakbrook Apartments in Topeka, Kansas and the 132-unit Cimarron Apartments in west Wichita. The City Council approved a Letter of Intent for the Cimarron Apartments in November of 1995. The project is designed and intended to meet the federal tax code requirements for tax-exempt bonds issued for a "qualified residential rental project." At least 40% of the units (96 units) will be reserved for families and individuals with income not greater than 60% of the area's median income. In Wichita, that generally means a family with a combined gross income of less than $35,000 per year. While low income tenants will receive preference in the rental of the qualified units, there will be no rent subsidy resulting from the bonds and all tenants will be subject to the same criteria for acceptance as tenants. The total estimated costs of the project, and the sources of funding are as follows: Sources of Funds Bond Proceeds $ 6,000,000 Borrower's Equity 1,350,000 Total Sources of Funds: $ 7,350,000 Uses of Funds Acquisition $ 5,950,000 Rehabilitation Costs 900,000 Bond Reserve 200,000 Credit Enhancement 100,000 Cost of Issuance 100,000 Miscellaneous 100,000 Total Uses of Funds: $ 7,350,000 It is anticipated that the bonds will be purchased by Piper Jaffray of Kansas City, Missouri. Bond Counsel for the transaction is the firm of Hinkle, Eberhart & Elkouri, LLC, Wichita. Broadmoor at Chelsea Acquisition agrees to submit an Equal Employment Opportunity/ Affirmative Action Plan and a Water Conservation Plan to the City as a condition for the issuance of the bonds. Broadmoor at Chelsea Acquisition, agrees to pay all costs of issuing the bonds and to pay the City's $2,500 annual administrative service fee for the term of the bonds. Broadmoor at Chelsea Acquisition does not request an abatement of ad valorem property taxes in conjunction with the issuance of the bonds. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Kamen moved that the issuance of, and authorization for the Mayor to sign, a Letter of Intent to Broadmoor at Chelsea Acquisition, L.P., for Multi-Family Housing Revenue Bonds in an amount not to exceed $6.0 million, be approved subject to the following conditions: 1. Negotiation of a Lease Agreement, Trust Indenture and Bond Ordinance. 2. Arrangements have been made for the sale/placement of the bonds. 3. Guarantees for the payment of the bonds are in place. 4. Agreement to pay the City administrative fees of $2,500 per year for as long as the bonds are outstanding. 5. Agreement to pay all costs incurred by the City for processing the bonds/application. 6. An approved Equal Employment Opportunity/Affirmative Action Plan is on file with the City prior to issuance of the bonds. 7. An approved Water Conservation Plan is on file with the City prior to issuance of the bonds. 8. Agreement to submit building and site plans to CART (City manager's Ascetic Review Team) for review and to modify the proposed design to comply with any reasonable CART conditions or recommendations. 9. Agreement to provide the City, prior to submitting the proposed Lease Agreement, an Environmental Site Assessment (ESA) that documents the environmental conditions of the property, and an agreement that the ESA will be conducted by and independent consultant who is a recognized expert in the area. Multi-Family Housing Revenue Bonds will not be issued if the ESA discloses environmental conditions that might have implications for bond purchasers under the liability provisions of the Superfund Amendments and Reauthorization Act (SARA). 10. Agreement that if the bonds are to be offered for sale to the public, the applicant will not, during the period of time the bonds are outstanding, have a commercial banking relationship with the trustee of the bonds to be issued unless the original purchaser of the bonds acknowledges in writing the existence of the relationship and waives any conflict that might exist as a result of the relationship. 11. Applicant is required to furnish copies of its annual financial statements to the City. 12. Cooperation with any annual compliance audit procedure the City may adopt to monitor compliance with conditions, including any annual reports required of the applicant and any inspections of the applicant's premises or interviews with the applicant's staff. 13. Commitment to achieve and maintain its proposed employment goals, and to meet its Equal Employment Opportunity/Affirmative Action goals, during the term of the bonds. 14. Applicant is encouraged to utilize Minority- owned Business Enterprises (MBE) and Women-owned Business Enterprises (WBE) as contractors, subcontractors, engineers, architects, suppliers and vendors whenever possible. -- carried Motion carried 6 to 0. (Ferris absent) INSPECTION ORDINANCES FEE INCREASE AMENDMENTS TO INSPECTION ORDINANCES. Chris Cherches City Manager reviewed the Item. For several months, staff has been meeting with the Board of Appeals of Plumbers and Gas Fitters, the Board of Appeals of Air Conditioning, Refrigeration Warm Air Heating and Boilers, and contractor groups/associations to review and discuss lawn sprinkler, plumbing, mechanical and sewer permit fee increases, as well as contractor license fee increases, proposed for adoption in late 1996 under OCI's 1996 Revised, 1997 and 1998 budget. Permit and license fees in these areas have not been increased in over 12 years, and additional revenue is needed to maintain service levels desired by the public at- large, developers and contractors. Since early July, staff has been meeting with with contractor groups and associations to review budget projections and fee increases, and with their assistance, has developed a variety of fee increases which meet the new revenue targets anticipated in the 1996 Revised, 1997 and 1998 budget approval. a. Refrigeration and Warm Air Heating Ordinance - Title 22 (Mechanical Code). Agenda Report No. 96-992. The Wichita Board of Appeals of Air Conditioning, Refrigeration and Warm Air Heating and Boilers (Mechanical Board) has reviewed the proposed fee increase changes, and supports their adoption with a request that budget status be reviewed annually by the Board. Annual contractor license fees for mechanical contractors are proposed to be increased to $100. The various mechanical contractor license fees are currently $75. The Mechanical Board felt that all license fees under their jurisdiction should be increased to the $100 amount (plumbing, sewer and lawn irrigation contractor license fees are proposed to be increased from $75 to $100 in other ordinances). Mechanical permit fees (and minimum permit fees) are proposed to be increased generally by 20%. This is consistent with the the percentage increase being proposed for plumbing, sewer and lawn irrigation permit fees (under separate ordinances). The permit fee increases (generally about $5 on an average permit) may be passed on to the consumer by contractors. The proposed license and permit fee increases, in conjunction with other plumbing, sewer and lawn irrigation permit fee and license fee increases recommended by the Board of Appeals of Plumbers and Gas Fitters will generate the required additional revenues projected in the 1996 Revised, 1997 and 1998 OCI budget (approved in August, 1996). b. Fee Increase Amendments to the City of Wichita Plumbing and Gas Fitting Ordinance. Agenda Report No. 96-993. The Wichita Board of Appeals of Plumbers and Gas Fitters has reviewed the proposed fee increase changes, and supports their adoption with a request that budget status be reviewed annually by the Board. Annual contractor license fees for plumbing, gas fitting and sewer contractors are proposed to be increased to $100. Plumbing contractor license fees are currently $75 while gas fitting and sewer contractor license fees are currently $20. Since most general building and trade (plumbing, mechanical and electrical) contracting licenses currently cost between $75- $200, the Board of Appeals of Plumbers and Gas Fitters felt that all license fees under their jurisdiction should be increased to the $100 amount (mechanical contractor license fees are proposed to be increased from $75 to $100 in another ordinance). Plumbing, gas-fitting and sewer permit fees (an minimum permit fees) are proposed to be increased generally by 20%. This is consistent with the the percentage increase being proposed for mechanical and lawn irrigation permit fees (under separate ordinances). The permit fee increases (generally about $6 on an average permit) may be passed on to the consumer by contractors. The proposed license and permit fee increases, in conjunction with other lawn irrigation and mechanical permit fee and license fee increases recommended by the Board of Appeals of Plumbers and Gas Fitters and the Board of Appeals of Air Conditioning, Refrigeration and Warm Air Heating and Boilers, will generate the required additional revenues projected in the 1996 Revised, 1997 and 1998 OCI budget (approved in August, 1996). c. Fee Increase Amendments to the City of Wichita Lawn Sprinkling System Ordinance. Agenda Report No. 96-994. The Wichita Board of Appeals of Plumbers and Gas Fitters has reviewed the proposed fee increase changes, and supports their adoption with a request that budget status be reviewed annually by the Board. The annual lawn irrigation contractor license fee is proposed to be increased from $20 to $100. Since most other general building and trade (plumbing, mechanical and electrical) contracting licenses cost between $75-$200, the Board of Appeals of Plumbers and Gas Fitters felt that Lawn Irrigation Contractor licenses should also be increased to this range (all other plumbing, mechanical and sewer contractor license fees are proposed to be increased to $100). The permit fee for each connection of a lawn irrigation system to the water main is proposed to be increased by 20%, or from $15 to $18. This is consistent with the the percentage increase being proposed for other plumbing, mechanical and sewer permit fees. The minor permit fee increases ($3.00) may be passed on to the consumer by lawn irrigation contractors. The proposed license and permit fee increases, in conjunction with other plumbing and mechanical permit fee and license fee increases recommended by the Board of Appeals of Plumbers and Gas Fitters and the Board of Appeals of Air Conditioning, Refrigeration and Warm Air Heating and Boilers will generate the required additional revenues projected in the 1996 Revised, 1997 and 1998 OCI budget (approved in August, 1996). d. Technical and Fee Increase Amendments to the City of Wichita Sewer, Sewage Disposal and Drains Ordinance. Agenda Report No. 96-995. The Office of Central Inspection has been working closely with the Water and Sewer Department and other interested parties to make appropriate revisions to the Sewer, Sewage Disposal and Drain Code. The proposed technical revisions better reflect current materials and methods of installation, as well as current administrative practices and policies. For the past several months, staff has also been meeting with contractor groups and associations to review and discuss permit fee and contractor licensing fee increases proposed for adoption in late 1996 under OCI's 1996 Revised Budget. Permit fees have not been increased in over 12 years, and additional revenue is needed to maintain service levels desired by the public at-large, developers and contractors. Public hearings to review and discuss proposed technical changes were held on August 15 and September 18, 1996, and several follow-up meetings and discussions were conducted with contractor groups, associations and other hearing attendees to include their additional input on proposed changes. The Wichita Board of Appeals of Plumbers and Gas Fitters reviewed proposed technical and fee increase changes at its meetings in October and November, and supports their adoption. Most of the proposed changes are included to clarify current administrative practices and policies. The most significant technical changes include new language governing allowed off-sets and changes in direction to building sewer lines; clarifying language on uniform slope of building sewer lines; more specific requirements on bedding and backfilling of sewer pipes; elimination of certain types of sewer piping material which have proven highly susceptible to breakage and other types of failure (very little of this pipe is used anymore and the Board of Appeals of Plumbers and Gas Fitters as well as trade contractors agreed that elimination of these types of pipe would better serve the public); and inclusion of an exception allowing contractors to cover up to 20 feet of building sewer for equipment turn-around prior to City inspection, provided certain connections were left open for on-site review. With regard to fee increases, permit fees for sewer permits (new, repairs and seal-offs) are all proposed to be increased to $30.00 from the current rate of either $19 or $26.50. Tap fees are increased form $40.00 to $70.00 to match the rates which have been charged by the Water and Sewer Department for several years. The annual contractor license fee for drain layers (sewer contractors), is proposed to be increased from $20 to $100. Since most other general building and trade (plumbing, mechanical and electrical) contracting licenses cost between $75-$200, the Board of Appeals of Plumbers and Gas Fitters felt that Drain Layer licenses should also be increased to this range. The proposed technical changes to the Code will have insignificant, if any, effect on installation and construction costs. Some of the minor permit fee increases ($3.50 - $11.00) may be passed on to the consumer by sewer contractors. The proposed license and permit fee increases, in conjunction with other plumbing and mechanical permit fee and license fee increases recommended by the Board of Appeals of Plumbers and Gas Fitters and the Board of Appeals of Air Conditioning, Refrigeration and Warm Air Heating and Boilers, will generate the required additional revenues projected in the 1996 Revised, 1997 and 1998 OCI budget (approved in August, 1996). Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the Ordinances be placed on first reading. Motion carried -- carried 6 to 0. (Ferris absent) ORDINANCE An Ordinance amending Sections 22.04.020 and 22.04.240 of the code of the city of Wichita, Kansas, pertaining to the Uniform Mechanical Code; and repealing the originals thereof, introduced and under the rules laid over. ORDINANCE An Ordinance amending Section 22.06.060 of the code of the city of Wichita, Kansas, pertaining to the Uniform Mechanical Code, and repealing the original thereof, introduced and under the rules laid over. ORDINANCE An Ordinance amending sections 22.08.060 of the code of the city of Wichita, Kansas, pertaining to the Uniform Mechanical Code, and repealing the original thereof. ORDINANCE An Ordinance amending sections 21.04.040 and 21.04.050 of the code of the city of Wichita, Kansas, pertaining to the Uniform Plumbing Code; and repealing the originals thereof, introduced and under the rules laid over. ORDINANCE An Ordinance amending sections 17.08.015 and 17.08.020 of the code of the city of Wichita, Kansas, pertaining to the Lawn Sprinkling Systems Code; and repealing the originals thereof, introduced and under the rules laid over ORDINANCE An Ordinance amending Sections 16.04.010, 16.04.040, 16.04.050, 16.04.080, 16.04.110, 16.04.120, 16.04.130, 16.04.180, 16.04.190, 16.04.200, 16.04.210, 16.04.230, 16.04.240, 16.04.270, 16.04.300, 16.04.420, and 16.04.440 of the Code of the City of wichita, Kansas, pertaining to the sewers, sewage disposal and drains code; and repealing the originals thereof, introduced and under the rules laid over. BROADWAY IMPROVEMENT BROADWAY IMPROVEMENT, DOUGLAS TO CENTRAL. (District VI) Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 96-996. The 1997 Capital Improvement Program includes a project to improve Broadway from Douglas to Central (CIP Project No. MS-416, page 64). CPO Council 6 considered the project on November 13, 1996. The Council voted 6-0 to recommend approval of the proposed improvements with left turn lanes at intersections, if feasible. The project consists of: 1) reconstructing Broadway to four lanes with parking lanes on both sides, 2) upgrading the existing traffic signals, 3) installing sidewalks on both sides of the street, and 4) landscaping the available right-of-way. The design concept of four lanes plus parking lanes is the concept that was previously approved by the Council. The estimated project cost is $1,400,000. The funding source is General Obligation Bonds. *Council Member Ferris present. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Council Member Cather Council Member Cather said the retention of vehicle parking promotes the use of private transportation and with the shortfall in MTA, in the future the Council needs to look into considering some standards in this regard. Motion -- Cole moved that the Project be approved and the Ordinance be placed on first -- carried reading. Motion carried 7 to 0. ORDINANCE An Ordinance declaring Broadway, from Douglas to Central Avenue (472-82181), to be main trafficways within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements on said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof and the manner of payment of the same, introduced and under the rules laid over. PETITIONS PETITIONS FOR A STORM WATER SEWER AND STORM WATER DRAIN TO SERVE I- 135 POWER CENTER ADDITION, LOCATED EAST OF HYDRAULIC AND SOUTH OF 31ST STREET SOUTH. (District III) Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 96-997. The signatures on the petitions represent 98% (two of three ownerships) of the improvement district area. The only non-signer is the McDonald's restaurant site, which is owned by an out-of-state owner. These petitions supersede one original petition in the amount of $243,000 that was signed by the initial developer of the site at the time of platting. The McDonald's site was included in the original petition. These petitions increase the budget slightly and break up the project into two phases. CPO Council 3 considered the petitions on November 14, 1996. The Council voted 7-0 to receive and file the item. The projects provide drainage improvements required for the development of a commercial area. The projects total $313,000. The funding source is Special Assessments. The method of assessment is the fractional basis. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cather moved that the Petitions be approved and the Resolutions be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-96-415 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Sewer No. 455 (east of Hydraulic, south of 31st Street South) (468-82419) to serve I-135 Power Center Addition in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cather moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96-416 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Drain No. 126 (East of Hydraulic, south of 31st Street South) (468-82651) to serve I-135 Power Center Addition in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cather moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. ALCOHOL CONSUMPTION ON AMENDMENT TO SECTION 4.04.045 OF THE CITY CODE PERTAINING TO CONSUMPTION OF PUBLIC PROPERTY ALCOHOL ON PUBLIC PROPERTY. Gary Rebenstorf Director of Law reviewed the Item. Agenda Report No. 96-998. State law (K.S.A. 41-719) prohibits the consumption of alcoholic liquor on public property. The law allows cities, by ordinance, to exempt certain property. Public properties currently exempted include: Century II, Wichita Mid-Continent Airport, Cowtown, Wichita Art Museum, Omnisphere, Indian Center, Lawrence-Dumont Stadium, Old City Building, Central Library, Union Station, Kansas Aviation Museum, Farm and Art Market, Botanica, The addition of certain facilities to the exemption list is proposed for the Hyatt Regency Wichita Hotel and Conference, Exploration Place, the Ice Sports Center of Wichita, and the Wichita Community Art Center. Council Member Kamen left the Bench. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- carried Cole moved that the Ordinance be placed on first reading. Motion carried 6 to 0. (Kamen absent) ORDINANCE An Ordinance amending Section 4.04.045 of the Code of the city of Wichita, Kansas, pertaining to exemptions from the prohibition against consumption of alcohol on public property and repealing the original of said section, introduced and under the rules laid over. LIMOUSINE SERVICE CERTIFICATE OF CONVENIENCE AND NECESSITY FOR CHARTER LIMOUSINE SERVICE. Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-999. On October 29, 1996, the Wichita Metropolitan Transit Authority received an application to operate local charter limousine service from Curt Chapin and Steve Akins (two of the three owners of People Connection LLC). The company's address is listed as 111 North Market, Wichita, Kansas 67201. At present, People connection LLC has a 1991 Lincoln super- stretch. This vehicle passed a safety inspection by the WMTA on October 29, 1996. Proof of insurability to comply with the Ordinance was presented. In addition to the aforementioned, the fling fee of $200.00 was paid, letters of support presented, and a criminal record check done on Curt Chapin, Steve Akins, and Dennis Bush, the three owners, as well as the driver for the company. All administrative requirements under the City's Charter Limousine Ordinance have been carried out. On Thursday, November 21, 1996, a public hearing was held before the WMTA Board. In addition to a formal notice being run in "The Wichita Eagle", all licensed operators of limousine service were notified of the hearing date. The hearing was concluded with an adopted resolution by the Board to approve the Certificate of Convenience and Necessity. A copy of the resolution is included in People Connection, LLC,s application packet to the City Clerk. The introduction of People Connection, LLC to the Wichita area, the total number of licensed operators will be eleven. The additional service should supplement the overall community needs for limousine service during the high demand times. Letters of support were provided from local agencies for their service. This should result in a positive impact on local ground transportation services for the community as a whole. There will be no financial liability for the City of Wichita. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the Certificate of Convenience and Necessity be approved. -- carried Motion carried 6 to 0. (Kamen absent) TAXI SERVICE FARES MAXIMUM FARE LIMITATIONS FOR TAXI SERVICE. Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-1000. Under Section 3.84.430, "Fares - General Maximum and Filing Rates", a holder of a taxi operating permit may petition the City Council at any time for any desired change in a maximum rate of fate. On September 25, 1996, both cab company owners, American Cabs and Best Cabs, presented the Wichita Metropolitan Transit Authority a letter requesting new fare limitations be established along with documentation showing escalating taxi costs and fares charged in other cities in the United States. The last Resolution adopted by the City Council which raised the maximum fare limitations for taxi service was March 28, 1995. Specifically, the new rates requested are as follows: Flag drop be increased from $1.50 to $2.00; each 1/6 mile at $.20 be changed to each 1/5 mile at $.40; each minute waiting time be increased from $.20 to $.40; each added passenger would change from $.50 to $1.00; a successful emergency vehicle start from $10.00 to $20.00; and an unsuccessful start attempt increased from $3.00 to $5.00. all other categories remain unchanged. Under the City Taxi Ordinance, each cab company must file with the Wichita Metropolitan Transit Authority any changes to their fare rates providing they do not exceed the maximums set by the City Council. The WMTA Board held a public hearing at its meeting on October 24, 1996, regarding this issue. At that meeting, the WMTA Board adopted a resolution recommending the City Council approve a resolution establishing these new maximum fare limitations. WMTA reviewed the U.S. Taxicab Rate Sheet of June 1, 1996, which was published in the "1996 International Taxi and Livery Association Annual", a national publication on the taxicab industry. According to national statistics, the average flag drop in the U.S. is approximately $1.90. The current flag drop in Wichita is $1.50. The proposed $2.00 is slightly above the national average. However, in most cities, the average is based on fares that were approved several years back, some to 1985. The same holds true with mile changes, waiting time and other special fare categories. In the public hearing, the cab company owners expressed these rates would be the fare maximums to carry them past the year 2000. Mayor Knight Mayor Knight asked that the City Manager set up a meeting to revisit the issue of taxi cab drivers being ambassadors to the City, and the condition and cleanliness of cabs. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Council Member Cole Council Member Cole said the Chamber of Commerce or the Downtown Wichita Association have a project to assess the taxi cab situation and it was hoped that they, as well as the Convention and Visitors' Bureau might be included in discussions. Mayor Knight Mayor Knight stated that it was not necessary to duplicate efforts but that results need to be achieved. Motion -- Knight moved that the Resolution setting the new Maximum Fare Limitations for -- carried Taxicab Service be adopted. Motion carried 6 to 0. (Kamen absent) RESOLUTION NO. R-96-417 A Resolution rescinding Resolution No. R-95-156, adopted by the City Council on March 28, 1995, and establishing maximum rates of fare for taxicab operations within the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cather, Cole, Ferris, Gale, Rogers, Knight. PAPERLESS WARRANTS MUNICIPAL COURT PAPERLESS WARRANTS. Gary Rebenstorf Director of Law reviewed the Item. Agenda Report No. 96-1001. In accordance with recommendations from the Municipal Court Task Force, City staff has been working to implement procedures to improve the efficiency of the municipal court. Specifically, staff has developed a proposal by which the process for issuing warrants can be accomplished with the use of a "paperless" system. When the proposal is fully implemented, the municipal court judges will be able to order a warrant be issued electronically. Once a warrant is issued by the judge, it will exist immediately in the database that is checked by dispatchers when a law enforcement officer inquires whether a person has any outstanding warrants. No paper copy, or hard copy, of the warrant will exist until the person is arrested. When an arrest does occur, the hard copy will be printed at the booking desk at the Sedgwick County jail and forwarded immediately to the municipal court. At the time of the person's first appearance, the hard copy is signed by the judge. The act of printing the warrant removes it from an active status in the warrant database, indicating that the warrant has been served. The efficiency of the warrant process will increase in several ways. The need for paper copies of warrants to be retained and filed in the warrant office will virtually be eliminated. The court clerk's office will no longer need to prepare hard copies of warrants as they are ordered, and the judges will no longer have to sign a voluminous amount of documents. With this new system, there will be no lag time between when, (1) the warrant is ordered by the judge; and (2) when it is issued and entered into the system by the clerk. Warrant officers will no longer need to search through files for warrants for the arresting officer; nor will they be required to deliver the hard copy to the warrant service location. Finally, the arresting officer will be able to go directly to jail to book a person, and will no longer need to spend time picking up a copy of the warrant. Currently, the City has not chartered out of the provisions of K.S.A. 12-4208, which sets forth the requirements for the content (and form) of municipal court warrants. As it is written, the Statute does not clearly contemplate a paperless warrant system. The proposed Charter Ordinance sets forth substitute provisions which are necessary to implement the proposal and establish the specific authority for the paperless warrant process. The changes to the municipal court computers, which are necessary to implement this proposal, are currently being evaluated. The court should also realize some savings from not having to prepare paper warrant documents and enter them into the system. Council Member Kamen present. Roger Clark Municipal Court Administrator answered questions of the Council and said that of the twenty-one Task Force recommendations, six have been completed, 6 to 8 will be completed in January or February, and the majority will be completed by mid 1997. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cather moved that the Ordinance be placed on first reading. Motion carried -- carried 7 to 0. CHARTER ORDINANCE A Charter Ordinance exempting the City of Wichita, Kansas, from the provisions of K.S.A. 12-4208, and providing substitute provisions on the same subject, relating to the code of procedure for Municipal Courts, introduced and under the rules laid over. INDIGENT DEFENSE INDIGENT DEFENSE SERVICES. Gary Rebenstorf Director of Law reviewed the Item. Agenda Report No. 96-1002. The City is required to provide legal counsel for indigent defendants charged with crimes in the municipal court. Currently, the obligation is being met by retaining a group of attorneys to act as City Public Defenders who handle cases involving indigent defendants. The attorneys are paid a monthly salary by the City. Currently, no authority exists to require an indigent defendant who is found guilty and provided a City public defender to repay the City for the services of that attorney. In district court, repayment of the State for appointed counsel is routinely made a condition of a defendant's probation or parole. Defendants are required to pay a predetermined fee which is based upon the legal activity necessary to resolve the defendant's case. In the case of Dodge City v. Anderson, the Kansas Court of Appeals specifically held that without legislative authority, no municipal court in Kansas could enter such an order pertaining to an indigent defendant. The 1996 Kansas legislature responded by amending K.S.A. 12-4509 to provide this authority. The proposed amendment brings Section 2 of Charter Ordinance No. 85 into conformity with State law; it specifically sets forth the conditions the municipal court may impose upon a defendant receiving probation or suspension of sentence. These conditions include reimbursing the City for all (or part of) the reasonable expenditures by the City to provide legal counsel to the defendant. Section 3 of Charter Ordinance No. 85 is also amended by this proposal. Currently, the ordinance provides that a Municipal Court Judge may terminate a defendant's parole for violation of conditions by directing the Chief of Police to execute the sentence imposed and confine the defendant. The amendment provides that the judge may, in addition to the Chief of Police, direct the warrant office to execute the sentence and confine the defendant. Funds are anticipated to be generated by payments from defendants to partially offset the costs to the City for providing indigent defense services. Mayor Knight momentarily absent with Vice Mayor Cather in the Chair. Council Member Rogers Council Member Rogers said he would like to see the guidelines for indigents to receive assistance. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cather moved that the Ordinance be placed on first reading. Motion carried -- carried 7 to 0. CHARTER ORDINANCE A Charter Ordinance amending charter Ordinance No. 85 of the city of Wichita, Kansas, and repealing the original of said ordinance; pertaining to the authorized disposition of cases by the Municipal Court Judge and relating to the code of procedure for Municipal Courts, introduced and under the rules laid over. CITY COUNCIL AGENDA APPOINTMENTS APPOINTMENTS TO WICHITA COMMISSION ON THE STATUS OF WOMEN. Two appointments (Ferris, Rogers), for terms expiring June 30, 1997. Motion -- carried Ferris moved that the appointment be deferred 30 days. Motion carried 7 to 0. Motion -- carried Rogers moved that the appointment be deferred 30 days. Motion carried 7 to 0. Council Member Rogers requested names of interested individuals. APPOINTMENT TO WICHITA PUBLIC BUILDING COMMISSION. One appointment (Gale), for a term expiring June 30, 1997. Motion -- carried Gale moved that the appointment be deferred 30 days. Motion carried 7 to 0. APPOINTMENT TO HUMAN SERVICES BOARD. One appointment (Council-at-large), for a term expiring June 30, 1997. Motion -- carried Knight moved that the appointment be deferred 30 days. Motion carried 7 to 0. Mayor Knight requested names of interested individuals. NOTICE OF VACANCY - COMMISSION ON THE STATUS OF PEOPLE WITH DISABILITIES. One vacancy (Kamen), due to the nonattendance of Sandy Medley, for a term expiring June 30, 1997. Appointment will be made December 17, 1996. CONSENT AGENDA Knight moved that the Consent Agenda, except Items 31, 42, and 43a, 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 DECEMBER 2,1996. At 10:00 a.m., November 25, 1996, 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 12/2/96) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Wichita Water Walk at the Hyatt regency Hotel Site between Douglas and Lewis in East Bank Addition. (791467) Martin K. Eby Construction Co, Inc. - $3,357,000.00 (Total Lump Sum) Add Alternates to be negotiated in keeping with the CIP allocation and the Architectural estimates. Lincoln Street Dam Hydraulic Operating System Installation (Arkansas River at Lincoln Street Bridge). (660738/566522) One lane traffic each direction on Lincoln.(Council approval date 08-27-96) (District All) Utility Contractors - $163,000.00 (Base Bid Total) Knight moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign for the City. Motion carried 7 to 0. VARIOUS DEPARTMENTS: 22,000 GVW CAB AND CHASIS WITH ONE (1) 1,200 GALLON CYLINDRICAL TANK (037200) AS PER SPECIFICATIONS Group I - Copeland International Trucks, Inc. - Total Net Bid - $53,125.00 Option 1 - Deduct $14,000.00 Group II - Rusty Eck Ford - Total Net Bid - $47,875.94 VARIOUS: CAB AND CHASSIS WITH VARIOUS BODIES (037200) AS PER SPECIFICATIONS Group I- Rusty Eck Ford - Total Net Bid - $24,391.50 Group II- Rusty Eck Ford - Total Base Bid - $24,383.50 Option 1 - Deduct $4,750.00 Group III- Rusty Eck Ford - Total Base Bid - $27,110.50 Option 1 - Deduct $5,500.00 Group IV- Rusty Eck Ford - Total Net Bid - $259,880.70 Group V- Refer to Airport Authority Group VI- Copeland Trucks - Total Net Bid - $60,895.00 Group VII- Rusty Eck Ford - Total Base Bid - $23,127.50 Option 1 - Deduct $2,500.00 Group VIII-Rusty Eck Ford - Total Base Bid - $38,450.14 Option 1 - Deduct $11,039.00 Group IX- Copeland Trucks - Total Net Bid - $52,390.00 Group X- Rusty Eck Ford - Total Net Bid - $74,456.88 Group XI- Rusty Eck Ford - Total Base Bid - $63,303.44 Option 1 - Deduct $8,500.00 VARIOUS: AUTOMOBILES, SPORT UTILITY MINI-VANS, CARGO VANS, SUBURBANS & PICK-UP TRUCKS AS PER SPECIFICATIONS Group I - Quality Chevrolet Item 1 $11,330.06 Per Vehicle Option 1 190.06 Per Vehicle Option 2 124.70 Per Vehicle Option 3 33.00 Per Vehicle Option 4 193.50 Per Vehicle Option 5 146.20 Per Vehicle Option 6 282.20 Per Vehicle Group II - No Bid Group III - Rusty Eck Ford Item 1 $19,589.00 Per Vehicle Base Bid Option 1 94.00 Per Vehicle Group III(Alternate #1) - Quality Chevrolet$16,965.04 Per Vehicle Group V - Quality Chevrolet Item 1 $20,206.20 Per Vehicle Option 1 Standard Per Vehicle Group VI - Don Hattan Chevrolet, Inc. Item 1 $16,325.00 Per Vehicle Option 1 $ 238.00 Per Vehicle Option 2 Standard Per Vehicle Option 3 Standard Per Vehicle Item 2 $16,625.00 Per Vehicle Option 1 $ 238.00 Per Van Option 2 Standard Per Van Option 3 Standard Per Van Option 4 Standard Per Van Option 5 $ 57.00 Per Van Option 6 Standard Per Van Option 7 $ 157.50 Per Van Option 8 $ 157.50 Per Van Group VII - Don Hattan Chevrolet, Inc. Item 1 $15,325.00 Per Van Option 1 Standard Per Vehicle Option 2 Standard Per Vehicle Option 3 $ 296.00 Per Vehicle Option 4 Included Item 2 $15,150.00 Per Van Option 1 Standard Per Vehicle Option 2 Standard Per Vehicle Option 3 Standard Per Vehicle Group VIII - Don Hattan Chevrolet, Inc. Item 1 $16,600.00 Per Van Option 1 Standard Per Van Option 2 Standard Per Van Option 3 Standard Per Van Option 4 $ 1,505.00 Per Van Option 5 Standard Per Van Option 6 Standard Per Van Option 7 Standard Per Van Option 8 $ 406.00 Per Van Item 2 $15,850.00 Per Van Option 2 Standard Per Van Option 3 Standard Per Van Option 4 $ 1,744.00 Per Van Option 5 Standard Per Van Option 6 $ 368.00 Per Vehicle Option 7 $ 965.00 Per Vehicle Option 8 $ 169.00 Per Vehicle Option 9 $ 160.00 Per Vehicle Option 10 Included Item 3 $15,850.00 Per Van Option 1 Standard Per Van Option 2 Standard Per Van Option 3 Standard Per Van Option 4 Standard Per Van Option 5 $1,505.00 Per Van Option 6 Included Group IX - Don Hattan Chevrolet, Inc. Item 1 $21,555.00 Per Vehicle Option 1 Standard Per Vehicle Option 2 Standard Per Vehicle Group X - Quality Chevrolet - $39,199.39 Per Vehicle Group XI - Frye Chevrolet, Inc. Item 1 $23,646.18 Per Vehicle Option 1 692.90 Per Vehicle Option 2 2,345.20 Per Vehicle Group XII - Frye Chevrolet, Inc. Item 1 $ 9,855.37 Per Vehicle Option 1 877.40 Per Vehicle Option 2 45.10 Per Vehicle Option 3 660.10 Per Vehicle Option 4 92.66 Per Vehicle Item 2 $12,482.00 Per Vehicle Option 1 877.40 Per Vehicle Option 2 N/C Option 4 92.66 Per Vehicle Item 3 $12,508.87 Per Vehicle Option 1 Standard Per Vehicle Option 2 Standard Per Vehicle Option 3 Standard Per Vehicle Option 4 $ 92.66 Per Vehicle Group XIII - Quality Chevrolet Item 1 $11,853.64 Per Vehicle Option 1 1,915.10 Per Vehicle Option 2 Standard Per Vehicle Option 3 Standard Per Vehicle Option 4 $ 110.00 Per Vehicle Option 5 $ 668.15 Per Vehicle Item 2 $15,560.04 Per Vehicle Option 1 Standard Per Vehicle Option 2 Standard Per Vehicle Option 3 Standard Per Vehicle Option 4 $ 668.15 Per Vehicle Option 5 $ 110.00 Per Vehicle Item 3 $19,277.75 Per Truck Option 1 Standard Per Truck Option 2 Standard Per Truck Option 3 Standard Per Truck Option 4 Standard Per Truck Option 5 $ 120.00 Per Truck Option 7 $ 97.18 Per Truck Group XIV - Don Hattan Chevrolet, Inc. Item 1 $18,486.00 Per Truck Option 1 Standard Per Truck Option 2 Standard Per Truck Option 3 Standard Per Truck Option 4 Included Option 6 $ 107.00 Per Truck Item 2 $15,455.00 Per Truck Option 1 Standard Per Vehicle Option 3 Standard Per Vehicle Option 4 Standard Per Vehicle Option 6 $ 661.00 Per Vehicle Option 7 $ 107.00 Per Vehicle Item 3 $17,000.00 Per Truck Option 1 $ 796.00 Per Vehicle Option 2 Standard Per Vehicle Option 3 Standard Per Vehicle Option 5 Included Group XV - Don Hattan Chevrolet, Inc. Item 1 $18,343.00 Per Vehicle Option 1 Standard Per Truck Option 2 Standard Per Truck Option 3 Standard Per Truck Option 4 $ 250.00 Per Truck Option 5 $ 107.00 Per Truck Option 6 Standard Per Truck Option 7 Standard Per Truck Option 8 $ 200.00 Per Truck Group XVI - Don Hattan Chevrolet, Inc. Item 1 $21,738.00 Per Vehicle Option 1 $ 44.00 Per Truck Group XVII - Quality Chevrolet Item 1 $29,027.67 Per Vehicle Option 1 $ 80.75 Per Truck Option 2 $ 45.05 per Truck Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid. Motion carried 7 to 0. LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1996 (Consumption on Premises) Gary R. Batenhorst Godfather's Pizza #170222224 N. Woodlawn* Francisco L. Rizo, Jr. Chico's Restaurant3949 W. Douglas Rick Schroer A Playtime, Inc.7001 E. Kellogg dba Rose Bowl East New Establishment 1996 (Consumption on Premises) Bentura L. Garcia Mr. Cubbies 650 N. St. Paul *Located within 150 feet of residential district. 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. 1996 Contract Maintenance Residential Curb and Gutter Repair and Miscellaneous Concrete Repair, Phase II at various locations. (131508) b. 1996 Contract Maintenance Arterial Curb and Gutter Repair and Miscellaneous Concrete Repair, Phase III at various locations. (132258) c. 1994 Water Main Replacement Group 1: Water Distribution Systems for Meridian from Harry to Esthner (88805) and Pawnee from Glenn to Bonn (88806). (448-88805 & 448-88806) d. Improvements to Meridian Ditch from 33rd St. South to 27th St. South (West side of Meridian, North of I-235). (468-82657/6603085) e. Sewer Response Plan Raise Buried Manholes (1996-Set 5) (various locations). (468-82658/621490) f. 33rd Street North from the west line of Salina to the west line of Woodland Timmermeyer Gardens, Conners Second, Walnut Grove Fifth, Jesse, Jesse Second, Richard Dunn, and Walnut Grove Additions (33rd Street North, from Salina to Woodland). (472-82701/763656) 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., December 13, 1996. Motion carried 7 to 0. SUBDIVISION PLANS AND SPECIFICATIONS. a. Water Distribution System to serve Four H Addition (north of Central, west of Tyler). (448- 89090/733501/470428) Does not affect existing traffic. (Council approval date 10-29-96) (District 5) b. Lateral 30, Main 24, War Industries Sewer to serve Webb Road Commercial Addition (east of 21st, west of Webb). (468-82607/742825/480374) Traffic to be maintained through construction. (Council approval date 05-21-96) (District 2) c. Lateral 105, Westlink Sewer to serve Four H Addition (north of Central, west of Tyler). (468- 82293/742932/480385) Does not affect existing traffic. (Council approval date 10-29-96) (District 5) d. Honeytree from the north line of Lot 1, Block 1, to the south line of Smithmoor Fifth Addition and Brandon from the north line of Lot 1, Block 3, to the south line of Smithmoor Fifth Addition (south of Harry, west of Webb). (472-82759/764019/490504) Does not affect existing traffic. (Council approval date 08-13-96) (District 2) 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., December 13, 1996. Motion carried 7 to 0. PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. 1994 Main Replacement Group 3: Circle, from Bluff to (Quentin) Roosevelt (88820); 14th, Dellrose to Pershing (88817); Dellrose, 15th to 14th St. No. (88818); Terrace, Central to Murdock (88816); Erie, Kellogg to Gilbert (88814) - $360,000.00. Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 7-18-95) (District I & II) (448-88820/88817/88818/88816/88814/632133/544- 070) b. Lincoln Street Dam Hydraulic Operating System Installation (Arkansas River at Lincoln Street Bridge) - $165,000.00. One lane traffic each direction on Lincoln. (Council approval date 8-27-96) (District All) (660738/566-522) Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 7 to 0. BOARDS MINUTES MINUTES OF THE ADVISORY BOARDS AND COMMISSIONS. Board of Code Standards and Appeals, 11/4/96 Commission on the Status of People with Disabilities, 11/13/96 CPO Southeast Council 3, 11/14/96 CPO Southwest Council 4, 11/14/96 Human Services Board, 10/24/96 Wichita Metropolitan Transit Authority, 10/24/96 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 7 to 0. STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. There were no street closures considered. 31ST SOUTH SEWER CLEAN AWARD CONTRACT FOR 31ST STREET SOUTH INTERCEPTOR SEWER LINE CLEANING. (Districts III and IV) Agenda Report No. 96-1003. The Master Sewer Study, completed in 1992 by Black and Veatch, recommended that the Water and Sewer Department remove sediment from the sewer system interceptors (large diameter sewer lines) by contracting with private sewer cleaning companies to clean the interceptors. This increases the flow capacity of the system and decreases surcharges and backups. A sewer system analysis conducted by George Butler Associates, Inc. in 1994 identified the 31st Street interceptor as needing priority cleaning. In 1995, proposals were received and a contract was awarded to Pipeline Services to clean the 31st Street interceptor from Glenn to Washington (12,092 feet) for a total cost of $99,759 ($8.25/foot). $90,000 is budgeted in the 1996 Sewer Maintenance budget to clean the next phase of this 36" interceptor: * Section A: 5,250 feet in 31st Street from Sheridan to Glenn * Section B: 5,601 feet in Tulsa from Washington to Plant #1 Reddi Root'R has the equipment and experience to accomplish the work. Their proposed price is $7.95/foot for Section A and $7.20/foot for Section B. This compares with Pipeline Services at $8.25/foot last year for the same size interceptor. Reddi Root'R will in addition haul off and dispose of the debris cleaned from the interceptor. Pipeline Services price was predicated on City staff hauling off and disposing of the debris (roughly 25 truck loads). The Reddi Root'R proposal would complete the cleaning of the 31st Street interceptor. Funds are budgeted ($90,000 in 1997 and $100,000 in 1998) to continue the interceptor cleaning program recommended by Black and Veatch. Staff will evaluate the other interceptors in 1997 and determine the one with the highest priority for cleaning. The Sewer Maintenance 1996 budget approved by the City Council includes $90,000 to clean the two sections of the 31st Street interceptor described above. Motion -- Knight moved that selection of Reddi Root'R be approved and the Purchasing -- carried Manager be authorized to sign the contract. Motion carried 7 to 0. HARRY & WEST STREETS AUTHORITY TO AWARD CONTRACT - COMMITMENT OF CITY FUNDS FOR HARRY AND WEST STREET. (District IV) Agenda Report No. 96-1004. The Authorization Document between the City and the Kansas Department of Transportation (KDOT) is for intersection improvements at Harry and West Street. On January 9, 1996, the City Council approved the project for construction and on May 21, 1996, the City Council approved an agreement with KDOT to administer the project and provide 90 percent federal funding. The project is a part of the 1996 Intersection Reconstruction Program (CIP No. MS-412) Also included is an Agreement between the City and KDOT for construction engineering services. The project consists of installing left turn lanes on West Street and upgrading the traffic signals. Bids for construction of the improvements were received on November 13, 1996. Shears, Inc., Hutchinson, submitted the low bid of $362,016.13. In accordance with the Agreement entered into by the City and KDOT, the City's share of the cost is $38,011.69 and will be paid by General Obligation Bonds. KDOT will reimburse the City for 90 percent of the cost for construction engineering services which has an upper limit of $35,582.01. Motion -- Knight moved that award of the Construction Contract and payment of the City's share of the costs be authorized; and the Construction Engineering Agreement be -- carried approved and the Mayor be authorized to sign. Motion carried 7 to 0. CATHOLIC CHARITIES EXTENSION OF CATHOLIC CHARITIES CONTRACT. Agenda Report No. 96-1005. Catholic Charities, Inc. provides victim advocate services. The Task Force on Domestic violence has recommended a change in the manner in which these services are provided. The present contract with Catholic Charities, Inc., expires on November 30, 1996, and the amendment extends the existing contract for one month until the new services may be initiated. The amendment increases the total amount of the contract by $3,268. Funds for the increased amount are available in the Department of Law budget. Motion -- Knight moved that the Agreement Amend. be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. (Item No. 31) GROUNDWATER MAPS GROUNDWATER ELEVATION MAPS. (All Districts) Agenda Report No. 96-1006. In the Spring and early Summer of 1995, there was an abnormally high level of precipitation. The groundwater in several areas of the City began to raise; some basements in those areas experienced flooding. On August 14, 1995, approximately six inches of rain fell in eight hours in the area of 55th Street South and Seneca. This rain overtaxed all drainage systems in the area. The already saturated sandy soil took on more water, compounding the problems of leaky basements. Basement flooding from groundwater raised questions on where basements should be constructed and what type of regulations should be put in place to control construction and prevent basement flooding. A task force was formed to discuss basement flooding and make recommendations to the City Council. The recommendations follow. 1. Set criteria that will educate homeowners and place construction elevation restrictions on lots in problem areas. 2. Hire a consultant to map problem areas in the community. Such maps would be made available to the public. 3. Place restrictions on plats that establish pad elevations for basement construction. 4. Set elevation restrictions on lots in problem areas that are part of old plats when builders come in for permits to alert them of problems in the areas of proposed construction. On April 2, 1996, the City Council authorized staff to solicit RFPs for a consultant to develop maps that detail problem areas and directed staff to return to City Council with a contract for services and a recommended budget funded from General Fund Reserves. The Office of Central Inspection had maps that identified areas where basements were not recommended for construction; however, those maps need to be replaced and updated. Once the study and mapping is done, pad/ground elevations for basements can be set and restrictions placed on plats. The maps would also be available to give builders previously platted area information to set basement elevations above groundwater. On September 12, 1996, the Staff Screening & Selection Committee selected Allied Environmental Consultants, Inc. (AEC) to design Groundwater Elevation Maps. A contract has been prepared. Payment to AEC will be made on a lump sum basis not to exceed $28,605. The project budget is being initiated for $30,000 to provide sufficient funding for consultant fees, plus staff design review expenses. The funding source is General Fund Reserves. Council Member Cather Council Member Cather expressed concern regarding allowing construction of pads or any other construction in low lying areas which might take up space for flood waters to go to. There is some concern regarding legal liabilities. Council Member Cather asked that a workshop on this matter be held at the appropriate time. Motion -- Cather moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. PARKING METERS PARKING METERS. (District VI) Agenda Report No. 96-1007 Traffic Maintenance has responsibility for maintaining 1,500 parking meter mechanisms located in parking lots and along core area streets. The parking meters have mechanical mechanisms which were installed during the 1970's. Traffic Maintenance has an annual preventative maintenance program to service all parking meters. A Maintenance Mechanic Supervisor, Maintenance Mechanic, and a seasonal employee perform the City's parking meter maintenance and traffic counting duties. A study conducted in early 1996 indicated that new technology in parking meters has been developed which could greatly reduce the ongoing maintenance costs, while upgrading the performance and reliability of the City's parking meters. Therefore, a meter replacement program has been proposed in the 1996 budget to replace the City's 1,500 mechanical meters with state-of-the-art electronic meter mechanisms, with costs paid through offsetting savings over the next 5 years, under the Savings Incentive Program. The current meters have several mechanical or moving parts (balancing wheel, coin carrier, springs, etc.). With normal `wear and tear' and a wide variety of local weather conditions, the mechanical parts need to be periodically replaced, and often `jam', leading to citizen complaints. Electronic mechanisms for parking meters were developed in the late 1980's. This type of mechanism is state of the art technology for the parking meter industry. The electronic mechanisms consist of a battery, circuit board, and LED display. The battery is recommended for replacement annually. Without any moving parts, the electronic mechanisms require significantly less maintenance than mechanical meters. Electronic parking meters also have additional features (auditing capabilities, debit card, maintenance tracking, etc.) which are not available with the mechanical units. The total estimated cost for the replacement of 1,500 parking meters is $240,000. The parking meter replacement program is included in the adopted 1997 budget, with costs paid through the Savings Incentive Program. A $240,000 loan with a 5% interest rate will be repaid in 4 years. In the 5th year, the General Fund will begin to realize $18,590 in annual savings. The loan payment is $67,690 for 4 years. The budget reductions include a full-time position in the parking meter shop, parking meter replacement parts, and miscellaneous equipment. Parking meters not providing the correct time for the amount of coins deposited is the most common citizen complaint. Coins jamming in the chute is the 2nd most common citizen complaint. Motion -- Knight moved that the purchase, through the Savings Incentive Program, be -- carried approved. Motion carried 7 to 0. SUMMER FUN PROGRAM BUDGET ADJUSTMENT RELATED TO SUMMER FUN PROGRAM CONTINGENCY. Agenda Report No. 96-1008. The Summer Fun program for youth started in 1991 and has continued since. It is designed to provide recreational, educational and social activities for at-risk youth of elementary and middle-school age. The program is well supervised and is carried out at the four recreation centers: McAdams, Colvin, Evergreen, and Aley/Stanley. The program is a continuation of the previous year's activities, which has approximately 500 participating youth. The Summer Program includes a free breakfast and lunch for the youth, in addition to planned activities. Buses are used to transport children to the program site from designated pick-up areas. The program is deemed to be one of the most successful provided by the City's Recreation Department. The 1996 budget provided $100,000 for this program. Actual expenditures totaled $99,917, and revenues totaled $13,194. The budget adjustment will transfer $99,917 to the Recreation budget for personnel, contractuals, and supplies to cover the cost of the 1996 program. Motion -- carried Knight moved that the Budget Adjustment be approved. Motion carried 7 to 0. BOMB DISPOSAL EQUIPMENT BUDGET ADJUSTMENT FOR BOMB DISPOSAL EQUIPMENT. Agenda Report No. 96-1009. The Police Department has two bomb disposal suits manufactured by Safe Co. The Safe Co bomb disposal suit comes with a five-year warranty, and the manufacturer recommends replacement after seven years because the armor loses its ballistic qualities. One of the Police Department's bomb disposal suits has been in use for 10 years and needs to be replaced. Significant advances in bomb suit technology has occurred in the past 10 years. Med-Eng Systems currently makes a bomb disposal suit that does not lose its ballistic qualities and comes with a life-time warranty. The Police Department recommends replacing the expired Safe Co bomb disposal suit with one manufactured by Med-Eng Systems to better protect the Bomb Technicians. During 1996, the Police Department revised its selection process for officers in the Police Reserve. As a result, only a small number of officers were selected for the volunteer position in 1996. The Police Department recommends using funds budgeted to hire and equip Reserve Officers to purchase a Med-Eng Systems bomb disposal suit. The Med-Eng Systems bomb disposal suit costs $16,320, and the Police Department recommends transferring the following funds in the Police Reserve budget to the Special Operations budget to cover the expense. SOBJ Description Amount 2501 Pre-employment Expenses $ 2,000 3204 Uniforms 13,320 3999 Other Commodities 1,000 $16,320 The City of Wichita is responsible for providing a safe work environment for its personnel. The bomb disposal suit is essential to providing a safe work environment for a Bomb Technician. Failure to provide a suitable bomb suit could lead to liability in the case of an accident. Motion -- carried Knight moved that the budget adjustment be approved. Motion carried 7 to 0. INDIGENT DEFENSE BUDGET TRANSFER FOR INDIGENT DEFENSE. Agenda Report No. 96-1010. The City is required to provide legal defense to persons accused of crime when they cannot afford to hire a private attorney. By ordinance, the Administrative Judge has the authority to maintain a list of qualified attorneys who will be assigned cases at a fee set by the ordinance. Additionally, the court is allowed by ordinance to contract with attorneys to provide all indigent defense services subject to Administrative Regulation 7d. Currently, public defenders are required to work assigned cases on all dockets one day each week and are paid $1,500 per month for these services. The 1996 budget funded seven attorneys at this rate each month. In 1995, an eighth public defender was added in order to handle the increasing volume of cases. On average, the number of public defender assigned cases has been increasing 30% each year, and will increase 27% for 1996 compared to 1995. Over 12,000 cases will be assigned to public defenders this year, making a per case cost of approximately $12. The Municipal Court Task Force has recommended an outside attorney firm be selected to provide all indigent defense services. To date, an RFP was developed by the Municipal Court Task Team and mailed to attorneys. One group responded to the RFP but did not meet all of the requirements. This group has subsequently withdrawn their proposal. Currently, other service providers are being contacted and alternative service delivery systems are being explored. The Municipal Court Clerk's 1996 budget has underexpenditures in commodities which can be transferred to contractual services. The total amount needed for the transfer of funds is $16,000. Motion -- Knight moved that the budget adjustment be authorized; and staff be authorized to negotiate and execute contracts with current service providers at the current -- carried rate for a period not to exceed six months. Motion carried 7 to 0. PROPERTY DISPOSITION SALE OF 1733 NORTH FERRELL. (District VI) Agenda Report No. 96-1011. 1733 N. Ferrell is a City-owned unit. The unit was rehabilitated as one of the houses from the McLean Boulevard Widening Project and is being sold. The Ferrell property has 1,062 square feet. It is a two-bedroom, one bath home with a living room, kitchen, and full unfinished basement. The property is selling for $62,000 and is being appraised by a certified appraiser in connection with the loan application. 1733 N. Ferrell is legally described as W.K. Brown's Reserve, except that part lying south of a line commencing NE. corner Lot 179 and extending E. to W. line Ferrell Drive, Heiserman Avenue, Rich's Addition, City of Wichita, Sedgwick County, Kansas. Motion -- Knight moved that the Sale be authorized and the Mayor be authorized to sign the -- carried necessary documents. Motion carried 7 to 0. HEALTH DEPT. FURNITURE PURCHASE OF FURNITURE FOR HEALTH DEPARTMENT. Agenda Report No. 96-1012. Office improvements are needed in four areas in particular in the Health Department: 1) Clerical Section of Administrative Division 2) Main Staff area of Personal Health Division 3) Clerical area of Maternal & Infant Care Prenatal Clinic 4) Clerical area of Colvin/Planeview Health Station Modular furniture will provide the necessary work areas and space, and will enhance security of employees while money is handled and confidential records are processed. Breakdown of costs: 1) Administration clerical $38,176 2) Personal Health $37,975 3) Prenatal Clinic $ 6,412 4) Colvin/Planeview Clerical $ 904 Total $83,467 The $83,467 will be transferred from Personal Health Division salaries, where vacancies maintained by the Division have provided over $140,000 in cumulative savings as of October 1st. Motion -- carried Knight moved that the budget adjustment be approved. Motion carried 7 to BUDGET ORDINANCE ORDINANCE APPROPRIATING THE 1997 BUDGET AND RATIFYING THE PAYMENT OF ALL CLAIMS AGAINST THE 1996 BUDGET. Agenda Report No. 96-1013. Each year the City Council must appropriate and approve the spending (payment of claims and charges against each fund through the issuance of checks) of the next year budget according to the approved budget and also authorize, approve, and ratify the payments which have occurred against the current year budget. Motion -- Knight moved that the Ordinance be placed on first reading. Motion carried -- carried 7 to 0. ORDINANCE An Ordinance appropriating the amounts set up in each fund in the budget; providing for the payment of all claims and charges against the accounts provided for therein; and approving and ratifying the payment of all claims against the accounts, introduced and under the rules laid over. EXPO HALL UTILITIES TRANSFER OF FUNDS TO EXPO HALL FOR UTILITIES. Agenda Report No. 96-1014. Event activity at Expo Hall has been higher than anticipated, requiring greater expenditure of energy and resulting in increased revenues. Revenues budgeted for Expo Hall in 1996 are $521,700 while actual revenues are projected to be $650,000. A transfer of $42,000 is needed to pay end of the year utility bills. Expo Hall operating expenses not offset by operating revenues are reimbursed to the General fund from the Tourism and Convention Fund. Tourism and Convention Fund expenses will not increase due to revenues more than offsetting the increase in expenses. Motion -- carried Knight moved that the budget adjustment be approved. Motion carried 7 to 0. C & V BUREAU SUPPLEMENTAL FUNDING FOR THE CONVENTION AND VISITOR'S BUREAU. Agenda Report No. 96-1015. Earlier this year, the City Council approved supplemental funds in the Convention and Tourism's base budget for special convention-related activities. These funds are additional revenue generated by the six percent transient guest tax. The Convention and Visitors Bureau has received 38 percent of the revenue generated by five percent of the transient guest tax. This year, the amount set aside for supplemental funding totals $15,710. The CVB has submitted receipts for reimbursement from these funds in the same amount for expenses incurred in promoting the expanded Century II Convention Center and to address image problems in western Kansas. The Finance Department has prepared a Budget Adjustment to transfer $15,710 from the supplemental to the Convention and Visitors Bureau's existing budget allocation. This concept was included in the 1997-1998 Adopted Budget, and does not cause the City budget to increase. As this budget adjustment amount exceeds $10,000, the City Council must approve the adjustment. This adjustment utilizes funds that were generated in excess of budget projections. These funds were anticipated and set-aside in a supplemental line-item. Moving these funds from the supplemental line-item to the CVB's existing allocation will not increase the adopted budget. Motion -- Knight moved that the supplemental funding request and budget adjustment be -- carried approved. Motion carried 7 to 0. ILLEGAL TAGS ILLEGAL LICENSE TAGS. Agenda Report No. 96-1016. The proposed ordinance amendment was prepared at the request of the Municipal Court Task Team. Recent amendments by the Vehicle Impound Task Force required a mandatory minimum fine of $250 for any violation. Due to the wide range of violations included in the ordinance and the severity of the violations, the Municipal Court Task Team recommends that the ordinance contain the same financial penalties as State law, which is a maximum fine of $2,500. The mandatory minimum fine of $250 goes beyond what the Vehicle Impound Task Force desired for minor violations of the ordinance. The municipal court judges are also not willing to set a standard fine at $250 for minor violations of the ordinance, which has substantially increased the number of court cases for tag violations, most of which did not require court appearances in the past. The proposed amendment brings Section 11.38.300 of the City Code into conformity with State law, by setting no mandatory minimum financial penalty for violations. By removing the mandatory minimum fine, the judges will have latitude to adjudicate minor violations by setting a standard fine and continuing to handle the more severe violations in court. There should be no negative impact on the budget unless the Municipal Court judges dismiss or substantially reduce fines for future cases in lieu of setting fines (for violations) similar to the currently mandated $250 fine. Motion -- Knight moved that the Ordinance be placed on first reading. Motion carried -- carried 7 to 0. ORDINANCE An Ordinance amending Section 11.38.300, as amended by Ordinance No. 43-201, pertaining to illegal tags on motor vehicles, and repealing the original of said sections, introduced and under the rules laid over. (Item No. 42) SALARY ORDINANCES 1997 SALARY ORDINANCES: POSITION CLASSIFICATIONS AND UNIFORM SCHEDULE OF STANDARD PAY RANGES. Agenda Report No. 96-959 A. Three-year contracts with the Service Employees' Union (SEU), the International Association of Fire Fighters (IAFF), and the Fraternal Order of Police (FOP) govern pay adjustments for represented employees through December 26, 1997. The third year pay adjustments (required by these contracts) are included in the proposed ordinances for the period December 28, 1996, through December 26, 1997. The ordinance also addresses maintenance of internal pay equity among various positions. Likewise, proposed changes in compensation are also provided for positions that are represented by Employees' Council, for Police and Fire personnel not included in the Fire and Police unions, and for exempt and management positions. In compliance with the contract with SEU, an adjustment of 2.0% is provided for employees in all steps (Step A through F). Because nonexempt employees represented by the Employees' Council are classified in the same plan as employees represented by SEU, the same pay adjustments have been provided to this employee group. The contract with IAFF provides for range adjustments of 3.0%. Similarly, represented Police positions within the FOP have range adjustments of 2.0% for civilian positions, and 3.0% for commissioned personnel. To address salary compression between Fire and Police positions represented by IAFF or FOP and the nonrepresented positions above them, Fire Captain and Battalion Chiefs, and Police Lieutenants compensation is proposed to be adjusted to maintain appropriate pay relationships among the ranks. To remain competitive and to maintain external equity in compensation levels, pay ranges for Exempt and Management employees are proposed to be increased, subject to market conditions and compensation surveys. Under the Ordinance, the City Manager will be authorized to adjust such compensation levels up to 2.5%. Pay ranges for seasonal and limited positions (400 and 500 series) must be adjusted to comply with recently enacted Federal minimum wage requirements. The proposed ordinance incorporates these adjustments. Review of position classifications is an ongoing process for the City. With changes in services provided, regulatory requirements and organizational changes, positions are sometimes created, job descriptions and pay classifications are updated and modified accordingly. All adjustments included in the proposed ordinance are provided for in the 1997 budget with two exceptions. One is the increase in minimum wage which will have an impact of approximately $39,270 in 1997. It is believed the affected departments will be able to absorb this amount. The other is the proposed increase to nonrepresented commissioned Police and Fire. To avoid compression with other commissioned positions, the proposed increase to these positions is greater than the 2.5% provided in the 1997 budget. The estimated impact is $76,640 for Police and $21,960 for Fire ($98,600 total). Council Member Cather Council Member Cather spoke of concern regarding the Municipal Court Administrators and the Municipal Court Judge pay levels being the same, and asked the City Manager to look in the matter. Also, Council Member Cather said he would like to see the changes done that are required for the administrative traffic court. Council Member Ferris Council Member Ferris said judges would be hired in April and salary range adjustments required could be taken care of at that time. Council Member Kamen momentarily absent. Motion -- Cather moved that the Declarations of Emergency be approved and the Mayor be authorized to sign; and the Ordinances be placed on passage and adopted on the date of introduction, all in accordance with K.S.A. 12-3001. Motion -- carried carried 7 to 0. ORDINANCE NO. 43-329 An Ordinance establishing position classifications for employees of the City of Wichita and prescribing pay rates by reference to position classifications in the schedule of pay ranges repealing Ordinance No. 43-131. Cather 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. ORDINANCE NO. 43-330 An Ordinance providing for a uniform schedule of standard pay ranges for all employees of the City of Wichita, repealing Ordinance No. 43-305. 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. SECOND READING ORDINANCES. (First Reading 11/26/95) Natural Gas An Ordinance of the City of Wichita pertaining to the transportation, (Item No. 43a) distribution, and sale of natural gas through distribution systems in the city; requiring a franchise; and establishing an occupation tax on the privilege of engaging in the business of transportation, sale, or distribution of natural gas. Motion -- Ferris moved that this Item be deferred to December 17th to allow Staff time to -- carried review concerns expressed. Motion carried 7 to 0. ORDINANCE NO. 43-331 Keen Kutter An Ordinance designating, as an Historic Landmark, certain property located in the City of Wichita, Kansas, under the authority granted in Section 5-C of the Wichita-Sedgwick County Unified Zoning Code, 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 Marvin Krout Director of Planning stated that Items 44-46 and 49-51 could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Knight moved that Planning Agenda Items 44-46 and 49-51 be approved as consensus -- carried Items. Motion carried 7 to 0. S/D 95-31 S/D 95-31 - PLAT OF THE E.M. STEVEN'S FOURTH ADDITION LOCATED SOUTH OF KELLOGG AND EAST OF WEBB. (District II) Agenda Report No. 96-1017. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. (unanimous) Petitions, all 100%, have been submitted for municipal water and paving improvements. A Certificate of Petitions has also been submitted. Sanitary sewer is being provided through use of a private sewer line. A temporary easement to cover KG&E facilities has been submitted for processing with the plat. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. The City Council, on January 31, 1995, approved a contract to purchase the north 128 feet of these lots, south of the area dedicated as Kellogg Drive, for future improvements. The expected closing date on this contract is January 2, 1997. Water 100 Percent Petition for construction of Water Distribution System Number 448-89041 (south of Kellogg, east of Webb) ($17,000 S.A.) (Hold for development) Paving 100 Percent petition for improving of Kellogg Drive from the east line of the Plat to the west line of Lot 1, E.M. Steven's Fourth Addition, Project No. 472-82722 (south of Kellogg, east of Webb) Documents Certificate of Petitions and Temporary Easement Easement (private) for the E 10' of W 155.5' of Lot 1, E.M. Stevens Fourth Addition, from Edward M. and Pauline Steven, and from Michael E. and Rosemary Steven. Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 7 to 0. RESOLUTION NO. R-96-418 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89041 (south of Kellogg, east of Webb) 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. RESOLUTION NO. R-96-419 Resolution of findings of advisability and Resolution authorizing improving of Kellogg Drive from the east line of the Plat to the west line of Lot 1, E.M. Steven's Fourth Addition, Project No. 472-82722 (south of Kellogg, east of Webb) 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. S/D 96-39 S/D 96-39 - PLAT OF THE POWER CDC ADDITION LOCATED SOUTH OF 21ST STREET NORTH AND EAST OF HYDRAULIC. (District I) Agenda Report No. 96-1018. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. (unanimous) Petitions, all 100%, have been submitted for sanitary sewer, municipal water and paving improvements. A Certificate of Petitions has also been submitted. Although this site is presently zoned for multi-family uses, the applicant intends the site to be developed for one-family homes and a restrictive covenant has been submitted in that respect. To provide for off-street parking, for lots adjacent to narrow streets, this covenant also requires that four (4) off-street spaces be provided for each such lot. Further, to allow for the platting of a street with a narrow or nonstandard right-of- way dedication, a 15-foot street, drainage, and utility easement was platted, with this covenant restricting how this easement can be used. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Water 100 Percent Petition for construction of Water Distribution System Number 448-89092 (south of 21st, west of Grove) ($26,000 S.A.) (Hold for development) Sewer 100 Percent Petition for construction of Lateral 31, Dist. E. Sanitary Sewer #12 (south of 21st, west of Grove) Project No. 468-82654 ($44,000 S.A.) (Hold for development) Paving 100 Percent Petition for improving of Piatt Court serving Lots 1 through 8, Block 1, from the east line of Piatt to and including the cul-de-sac, Project No. 472-82780 (south of 21st, west of Grove) ($62,000 S.A.) (Hold for development) Documents Certificate of Petitions and Restrictive Covenant (Lots 1 through 8, inclusive, Block 1, Power C.D.C. Addition, from Neighborhood Developments, L.C., Power CDC, and Mennonite Housing Rehabilitation Services of Wichita, Kansas. Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 7 to 0. RESOLUTION NO. R-96-420 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89092 (south of 21st, west of Grove) 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. RESOLUTION NO. R-96-421 Resolution of findings of advisability and Resolution authorizing construction of Lateral 31, Dist. E. Sanitary Sewer #12 (south of 21st, west of Grove) Project No. 468-82654 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. RESOLUTION NO. R-96-422 Resolution of findings of advisability and Resolution authorizing improving of Piatt Court serving Lots 1 through 8, Block 1, from the east line of Piatt to and including the cul-de-sac, Project No. 472-82780 (south of 21st, west of Grove) 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. D-1708 D-1708 - DEDICATION OF UTILITY EASEMENT IN AN AREA EAST OF WEST STREET AND SOUTH OF 2ND STREET NORTH. Agenda Report No. 96-1019. MAPC Recommendation: Accept the dedication. As a condition of Lot Split L/S-0930, the applicant was required to grant additional utility easement for an existing sanitary sewer line. Motion -- Knight moved that the Dedication be received and filed and recorded with the -- carried Register of Deeds. Motion carried 7 to 0. V-1995 PUBLIC HEARING V-1995 - REQUEST TO VACATE BUILDING SETBACKS LOCATED IN AN AREA (Item No. 47) WEST OF TYLER AND NORTH OF WESTLINK AVENUE. (District V) Agenda Report No. 96-1020. Staff Recommendation: Approve vacation of building setbacks. MAPC Recommendation: Approve vacation of building setbacks. (unanimous) The vacation of a portion of a platted building setback is being requested to allow for construction of a new auto parts sales business. The applicant is requesting to reduce the west setback line from 30 feet to 10 feet, and the western portion of the north setback line from 30 feet to 12 feet. No municipal or public utilities are being impacted by the vacation. In order to address the concerns of neighboring properties, the applicant did agreed to and has submitted a CUP adjustment with the reduced setbacks and agreed to provide landscaping and screening along those two lot lines. The vacation request has been reviewed and approved by the Planning Commission, subject to conditions. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- 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 7 to 0. V-2000 PUBLIC HEARING V-2000 - REQUEST TO VACATE A BUILDING SETBACK LOCATED IN AN AREA (Item No. 48) NORTH OF 21ST STREET NORTH AND WEST OF TYLER ROAD. (District V) Agenda Report No. 96-1021. Staff Recommendation: Approve vacation of building setbacks. MAPC Recommendation: Approve vacation of building setback. (unanimous) This vacation request is being proposed in order to clear the title on this property because the house on this lot was mistakenly constructed within the 25 foot building setback. Because construction is complete, the vacation of 2.5 feet of the 25 foot building setback should be granted. The vacation request has been reviewed and approved by the Planning Commission, subject to conditions. No members of the public addressed the MAPC in opposition to this request. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- 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 7 to 0. V-2001 V-2001 - REQUEST TO VACATE A PORTION OF A DRAINAGE AND UTILITY EASEMENT LOCATED IN AN AREA WEST OF SCOTTSDALE AND SOUTH OF CENTRAL. Agenda Report No. 96-1022. Staff Recommendation: Approve vacation of drainage and utility easement. MAPC Recommendation: Approve vacation of drainage and utility easement. (unanimous) The applicant desires to remove 5 feet of a platted 25 foot drainage and utility easement. The easement was provided for in the original development to provide sufficient area for drainage, sanitary sewer, and other utilities. Both County Engineering and the utility representatives of the Subdivision Committee indicate that no facilities are located in the easement and the remaining 20 feet of easement is adequate to serve the area. Therefore, the drainage and utility easement may be vacated so as to allow the applicant to further develop in this area. The vacation request has been reviewed and approved by the Planning Commission subject to conditions. No members of the public addressed the MAPC in opposition to this request. This request for vacation is located on property outside the City of Wichita, but within