MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, May 2, 1995 Tuesday, 9:05 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cole, Kamen, Gale, Rogers; present. (Council Members Cather, *Ferris; absent) Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Patricia L. Burnett, Deputy City Clerk; present. The invocation was given by Ruth Ann Claerhout, Interim Pastor, Faith Christian Church. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. Minutes -- The minutes of the regular meeting of April 25, 1995, were -- approved approved 5 to 0. (Cather, Ferris; absent) AWARDS AND PRESENTATIONS SERVICE CITATIONS Distinguished Service Citation was presented to the recipient. PROCLAMATIONS Proclamations previously approved were presented. SISTER CITY GIFT Council Member Rogers presented an official gift from Wichita's Sister City, Cancun, Mexico, to Mayor Knight. AWARD PRESENTATION The Wastewater Pretreatment Plant award was presented to the Wichita Uniform & Towel Service of Wichita. SCHOLARSHIP AWARD The Coastal/Kerry Gooch Scholarship Award was presented to Rickarlo J. Maples, son of Patrick & Carolyn Maples. PUBLIC AGENDA YOLANDA B. WILLIAMS COMMENTS BY YOLANDA B. WILLIAMS. Yolanda Williams spoke regarding the Northeast Branch Library. Ms. Williams said the library should not be built at the St. Mark's Church site just because the site is owned by the City. The best location for the new library would be between Madison and Grove on 21st. Retail and office space would be the best use for the former St. Mark's Church. There should be quick restoration of the library asset. UNFINISHED BUSINESS CONDEMNATION STATUS REPORT ON CONDEMNATION OF 1744 NORTH GREEN. Kurt Schroeder Superintendent of Central Inspection reviewed the Item. Agenda Report No. 95-063 C. This property was first cited for violations on April 28, 1993. Several notices were issued, and on September 28, 1994, a pre-condemnation letter was issued. Condemnation action was initiated on October 7, 1994. At the January 9, 1995, BCSA hearing, the owner did not appear, and the BCSA recommended 10 days to start demolition and an additional 10 days to complete. On March 7, 1995, the City Council held a condemnation hearing on the property and deferred action until March 21, 1995, in order to give a prospective buyer, Pearl Bowman, an opportunity to purchase the property. On March 15, 1995, Ms. Bowman contacted staff and reported that she had contacted the owner of the property and planned to make an offer to purchase it. On March 21, 1995, the City Council reviewed this item, and approved a motion to allow the new owner 30 days to repair the structure, with the taxes to be paid immediately. If the repairs were not completed within 30 days, then the property be reviewed again by the Council. On April 14, 1995, staff inspected the property. Is has been re-roofed and some siding replaced. There is some construction debris on the premises. The taxes are paid. The owner has been notified of the date and time of this Hearing. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Rogers moved that an additional 30 days be granted to complete exterior repairs. -- carried Motion carried 5 to 0. Cather, Ferris; absent. HOMESTEADING PROGRAM HOMESTEADING PROGRAM. (DISTRICT I) Chris Cherches City Manager reviewed the Item. Agenda Report No. 95-346. The Homesteading Program was approved by Council on March 9, 1993. The program allows low-income, first-time home buyer families to purchase and rehabilitate substandard single-family homes to minimum city code. The program is targeted to families who might not otherwise be able to purchase a home because they lack down payments, are unable to obtain conventional mortgages; however, they have a strong work history and good credit rating. This program provides a mechanism for Neighborhood Improvement Services (NIS) to upgrade deteriorated houses that have been obtained through foreclosure, donation, or the City's capital improvement projects for approved infill housing programs. When NIS acquires a house that qualifies for the Homesteading Program, the address, amenities, eligibility guidelines for the program and where to apply are advertised in the Eagle and on the City Hall television station. Letters are sent to local churches to notify the public of the availability of the unit. This will be the second drawing under this program. The first house was awarded by the Council in February, 1994. NIS currently owns two houses that were obtained through mortgage foreclosure. (1) 2402 E. Graham has been rehabilitated by DETAMC through the R.I.P. Program and is ready for occupancy. The structure sits on a large corner lot and contains an over size living room, formal dining room, kitchen and eating area, three bedrooms, two bathrooms, utility room and a family room. (2) 835 Wabash is currently being rehabilitated by DETAMC. The anticipated completion date is the end of April 1995. This structure contains a living room, dining room, kitchen, one bathroom, three bedrooms, utility room and a cellar. The market value of the rehabilitation costs will be repaid by the winner/homeowner. The Homesteading program provides a four percent (4%) interest loan with up to a fifteen-year (15) mortgage term. The homesteader must reside in the home for a minimum of four (4) years. When the four percent interest loan is repaid in full, the initial cost of the property will be forgiven, providing that all payments were made in a timely manner and the structure was maintained continuing to meet housing code. Repaid HOME funds which were used for rehabilitation will revolve back into the Homesteading Program for future use by NIS. Rehabilitation costs have been paid with CDBG and/or HOME funds. Loan servicing is provided by Realty Title. Mortgage funding comes from the HOME Program. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Council Member Rogers proceeded with the drawing for 2402 East Graham. Marsha Ector's name was drawn. Motion -- Rogers moved the drawing of Marsha Ector be approved. Michael Holliman Neighborhood Improvement Services explained the advertising utilized and said 1st time home owners with moderate income were eligible. The drawing for 835 Wabash will be advertised in a number of places. -- carried Motion carried 5 to 0. Cather, Ferris; absent. THIRD STREET BRIDGE REMOVAL OF THIRD STREET BRIDGE OVER WICHITA DRAINAGE CANAL. Continued from April 18, 1995, for referral to CPO Councils. Bill McKinley Traffic Engineer reviewed the Item. Agenda Report No. 95-322 A. On April 18, 1995, City Council deferred the matter and requested that it be presented to the CPO. On April 24, 1995, CPO Northeast Council 1 considered the three options presented by staff: Option #1: Removal of the bridge; Option #2: Restricting the bridge to pedestrian/bicycle use only; Option #3: Removing the bridge and replacing it with a pedestrian/bicycle bridge. The CPO Council 1 recommended Option #3, removal of the bridge and replacement with a pedestrian/bicycle bridge. Sidewalk/bicycle paths exist on the east and west side of the Wichita Drainage Canal between Second and Central. Alternate routes crossing the Wichita Drainage Canal at Second and Central are available. At this time, there are three recommendations. 1) Staff recommends removal of the Third Street Bridge and no replacement with a pedestrian/bicycle bridge. 2) The Traffic Commission recommends the removal of the Third Street Bridge over the Wichita Drainage Canal but to leave open for further input from the neighborhood if a pedestrian/bicycle bridge is needed in the future. 3) The CPO Council recommends removal of the bridge and replacement with a pedestrian/bicycle bridge. The project is included in the Proposed 1995 - 2004 Capital Improvement Program (Project D-98). Funds have been included to remove the bridge as part of the Area K drainage improvements. Funding source is Storm Water Utility. If the Council determines that a new pedestrian/bicycle bridge should be constructed, funds will need to be reallocated in the Capital Improvement Program. The cost of a new pedestrian/bicycle bridge is estimated at $150,000. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Council Member Kamen Council Member Kamen expressed preference to leave the bridge up for now and tear it down and, perhaps, build another bridge at some other time. Larry Ross Larry Ross, interested citizen and bicyclist, said that previous bicycle route maps had 3rd street marked as bicycle route but the new maps no longer indicate this as a bicycle route. Third Street is a connecting link between two bicycle corridors. Removal of the bridge would leave no connection to the main bicycle trails. Larry Overstreet Larry Overstreet said the bridge should be left there but should not carry vehicle traffic. Approaches to the existing bridge should be made to accommodate additional water. The bridge should not be replaced due to the expense. *Council Member Ferris present. Bill McKinley Traffic Engineer, responding to a question, said there would need to be a structural review but just bicycles and pedestrian traffic would probably allow the existing bridge to last a long time. Motion -- Rogers moved that the Bridge be removed and additional input be sought for pedestrian/bicycle path. Mike Lindebak City Engineer said removal of the bridge is a critical component as removal of the bridge would lower the water surface profile. Substitute motion -- Kamen moved a substitute motion that this Item be deferred one week; and that information be presented on how the removal would affect drainage. Substitute -- carried motion carried 6 to 0. (Cather absent) NEW BUSINESS IRB-THE CASTLE INN PUBLIC HEARING AND ISSUANCE OF INDUSTRIAL REVENUE BONDS - THE CASTLE INN RIVERSIDE, L.L.C. (DISTRICT VI) Council Member Rogers left the Bench. Chris Cherches City Manager reviewed the Item. Agenda Report No. 95-353. On July 12, 1994, the City Council approved the issuance of a Letter of Intent for Industrial Revenue Bonds in an amount not to exceed $1,400,000 to Dr. Terry L. and Mrs. Paula J. Lowry, owners of the historic Campbell Castle in the Riverside district of central Wichita. Bond proceeds will be used to refinance the acquisition of the property and pay the costs of restoration and renovation of the buildings for use as a bed and breakfast inn. Dr. and Mrs. Lowry acquired the Campbell Castle in early 1994 from Mrs. Mae Crumm, following several months of efforts by City Officials, members of the community and historic preservation groups to find a way to rescue the Castle from decay and destruction and transform it into a useful part of Wichita's enduring heritage. The Lowry's have made a public commitment to adhere to strict historic preservation principles and standards and to make the refurbished facility available to the public to the maximum extent possible. The Campbell Castle Bed and Breakfast Inn project will renovate and furnish the Castle as a fourteen (14) room bed and breakfast inn, featuring luxury accommodations amid a unique structure with beautifully carved woodwork and ornate European fireplaces. In addition to rooms with jacuzzi tubs and fireplaces, the inn will feature complimentary gourmet breakfast, newspaper, exercise facilities, fireplaces in common areas, a business center and secured off-street parking. Room rates are expected to range from $100 to $175. All major management and operational services will be performed by Dr. and Mrs. Lowry and their daughter and son-in-law. The remaining duties will be contracted to outside services. The bonds will be issued as taxable Industrial Revenue Bonds, meaning the interest income derived by bondholders will be subject to federal income taxation. The bonds are being underwritten by Chapman Securities and will be publicly remarketed to investors in two series. The Series I-A Bonds are in the amount of $900,000 and are secured by a first lien on the project. The Series I-B Bonds are in the amount of $300,000 and are subordinated to the Series I-A Bonds. The law firm of Hinkle, Eberhart & Elkouri is bond counsel in the transaction. The Lowry's agree to pay all costs of issuing the bonds, and agree to pay the City's annual administrative fee for the term of the bonds. They granted a 100% tax abatement on the improvements financed with the proceeds of the bonds over and above existing taxes. The 1994 taxes on the Campbell Castle were $4,226. Estimated first year taxes that would be exempted on the proposed building and equipment, at the current mill levy of 113.42 mills, would be $5,784 of which $1,596 is the City portion, $2,678 is the USD 259 portion and $1,510 is the County portion. Mayor Knight Mayor Knight said this was not typically the type of project he would support but he would support this project because of the work that had been done. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the public hearing be closed; the documents including Bond Ordinance, Trust Indenture, Lease, and Guaranty Agreement be approved and the Mayor be authorized to sign; and the Ordinance be placed on first reading. -- carried Motion carried 5 to 0. Cather, Rogers; absent. ORDINANCE An Ordinance of the City of Wichita, Kansas, authorizing the issuance of $900,000 aggregate principal amount of taxable Industrial Revenue Bonds, Series I-A, 1995 (The Castle Inn Riverside) and $300,000 aggregate principal amount of subordinated taxable Industrial Revenue Bonds, Series I-B, 1995 (The Castle Inn Riverside) for the purpose of providing funds to acquire certain land and to purchase, construct, and equip a bed and breakfast inn; prescribing the form and authorizing execution of a trust indenture by and between the City and the Peoples Bank, Pratt, Kansas, as trustee with respect to each series of the bonds; prescribing the form and authorizing the execution of a lease agreement by and between the City and The Castle Inn Riverside, L.L.C.; approving the form of a guaranty agreement; approving the form of an individual guaranty agreement; authorizing the execution of a bond purchase agreement by and between the City, the Castle Inn Riverside, L.L.C., and Chapman Securities, Inc., as purchaser of the Series I-A, 1995 Bonds and the Series I-B, 1995 Bonds, introduced and under the rules laid over. GYPSUM CREEK GYPSUM CREEK IMPROVEMENT, WEST OF HILLSIDE. (DISTRICT III) Council Member Ferris momentarily absent. Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 95-354. The Capital Improvement Program contains a project to upgrade Gypsum Creek from the Wichita Drainage Canal to Hillside (CIP No. D-123). On December 21, 1992, the CART Committee approved the project. CPO Council 3 considered the project on April 13, 1995. The Council voted 6-0 to recommend approval of the project. On April 20, 1995, the Greenways Commission approved the project. The project will improve the water carrying capacity of the section of Gypsum Creek south of Joyland. It will also improve the aesthetics of the creek and eliminate current erosion problems. The improved water carrying capacity at this downstream end of Gypsum Creek will allow for possible future improvements in the upstream reaches and tributaries to Gypsum Creek by reducing the bottleneck in this area. The project provides for the installation of rock-filled wire baskets (gabions) from the existing lining at the Wichita Drainage Canal to just east of the Hillside Bridge. Landscaping will be installed along the creek. The project is intended to be constructed in 1995 pending final approval and permits from several state and federal agencies. The estimated project cost is $2,055,000. The funding source is the Storm Water Utility. Council Member Kamen Council Member Kamen suggested this Item be deferred until after the report on the Storm Water Utility Fees is received by the Council. Council Member Ferris Council Member Ferris said he would like to know how the project would be funded if not from Storm Water Utility Fees. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Stan Nelson Stan Nelson, owner of Joyland Park, said flooding is a problem because there is no place for drainage water to go. At a certain point now, the water flows south and then the flow stops and there is a problem. The project would make the water go faster all the way to the end. Council Member Rogers present. Motion -- Kamen moved that this Item be deferred at least two weeks until the report on the Storm Water Utility Fees is received. Amendment -- Kamen, with consent of the second, added that funding alternatives be presented when the Item is returned. -- carried Motion, as amended, carried 6 to 0. (Cather absent) TIMBERS PROJECT CEREBRAL PALSY RESEARCH FOUNDATION (TIMBERS) PROJECT. Chris Cherches City Manager reviewed the Item. Agenda Report No. 95-355. he Cerebral Palsy Research Foundation is seeking funding in the total amount of $500,000 from the City's HOME allotment to assist in the redevelopment of the Timbers Complex, 2021 North Old Manor. The total renovation costs of The Timbers complex are estimated at $2.2 million. The specific request presented to the City Council is for $500,000 in HOME funds to assist with the rehabilitation of the Timbers complex which consists of 100 apartment units designed to provide independent living options for persons with disabilities. The Cerebral Palsy Research Foundation project also includes purchase of the former CPC Hospital at 5111 East 21st Street and expansion of the Carney Center which is located on the Foundation's campus at 2021 North Old Manor. Funding for this project will be provided through challenge grants from foundations and other fund-raising efforts. The Foundation is seeking support from the City's HOME funds in a total amount of $500,000 to be paid over a two-year period with the first $250,000 requested for 1995. The remaining $250,000 would be allocated in 1996. HOME funds are available to support the $250,000 request for 1995. Additional HOME funds in the amount of $250,000 will be earmarked from the City's 1996 allocation. Two substantial challenge grants have been awarded to the Cerebral Palsy Foundation: Maybee Foundation in the amount of $1.5 million; and The Kresge Foundation in the amount of $600,000. Council Member Ferris left the Bench. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Jack Jones Jack Jones, President and Founder of the Cerebral Palsy Research Foundation, said there is a 5-year waiting list for housing of this nature and over 50 percent of the residents are in wheelchairs. Mr. Jones urged approval of the Item. Motion -- Rogers moved that the allocation of HOME funds in the total amount of $500,000 (over a two-year period beginning in 1995) be approved and the Mayor be -- carried authorized to sign the necessary documents. Motion carried 5 to 0. Cather, Ferris; absent. RECESS The City Council recessed at 10:43 A.M. and reconvened at 11:02 A.M. Council Members Cather, Kamen; absent. CONDEMNATIONS CONDEMNATION OF DANGEROUS AND UNSAFE STRUCTURES. Kurt Schroeder Superintendent of Central Inspection reviewed the Item. Agenda Report No. 95-232 A. On March 21, 1995, a report was submitted with respect to the dangerous and unsafe conditions of the buildings located on eleven (11) properties. The Council adopted resolutions providing for public hearings to be held on each of these condemnation actions at 11:00 a.m. on May 2, 1995. On March 6, 1995, the Board of Code Standards and Appeals (BCSA) held a hearing on the following properties: (1) 1336 N. Washington (7) 1941 S. St. Clair (2) 427 N. Minnesota (8) 2342 W. Dora (3) 547 N. Ash (9) 419 E. Lewis (4) 548 N. Ash (10) 1410 N. Belmont (5) 2521 E. 11th (11) 1036 N. Poplar (6) 1754 N. Spruce Pursuant to State Statute the Resolutions were duly published twice, on March 22, 1995 and March 29, 1995. A copy of each resolution was sent by certified mail or given personal service delivery to the owners and lien holders of record of each described property. Mayor Knight Mayor Knight inquired if anyone wished to be heard and persons indicated a wish to speak on Items 1, 4, 9, and 10. Motion -- Knight moved that on all but items 1, 4, 9, and 10, the public hearing be closed; the resolutions declaring the buildings dangerous and unsafe structures be adopted; and the BCSA recommended time frame to alleviate the code violations be adopted. Any extensions of time granted to repair the structures would be conditioned on the following: (1) All taxes have been paid to date, as of May 2, 1995; (2) the structure(s) has/have been secured as of May 2, 1995, and will continue to be kept secured, and (3) the premises are mowed and free of debris as of May 2, 1995, and will be so maintained during renovation. If any of the above conditions are not met, the Office of Central Inspection will proceed with demolition action and also instruct the City Clerk to have the resolutions published once in the official city paper and advise the owners of these -- carried findings. Motion carried 5 to 0. (Cather, Kamen; absent) RESOLUTION NO. R-95-194 A Resolution finding that the structure located on Lots 19 and 20, Ben Bailey's Addition to Wichita, Sedgwick County, Kansas, commonly known as 427 North Minnesota, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Kamen; absent) Yeas: Cole, Ferris, Gale, Rogers, Knight. RESOLUTION NO. R-95-195 A Resolution finding that the structure located on Lots 25 and 27, Ash Street, Stites Brothers Second Addition to Wichita, Sedgwick County, Kansas, commonly known as 547 North Ash, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Kamen; absent) Yeas: Cole, Ferris, Gale, Rogers, Knight. RESOLUTION NO. R-95-196 A Resolution finding that the structure located on the west 50 feet of Lots 97, 99, 101 on Green Street, Fairmount Park Addition to Wichita, Sedgwick County, Kansas, commonly known as 2521 East 11th, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Kamen; absent) Yeas: Cole, Ferris, Gale, Rogers, Knight. RESOLUTION NO. R-95-197 A Resolution finding that the structure located on Lots 2 and 4 on Spruce Avenue in Logan Addition to Wichita, Sedgwick County, Kansas, commonly known as 1754 North Spruce Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Kamen; absent) Yeas: Cole, Ferris, Gale, Rogers, Knight. RESOLUTION NO. R-95-198 A Resolution finding that the structure located on Lots 32 and 34, Block O, South University Place Addition to Wichita, Sedgwick County, Kansas, commonly known as 1941 South St. Clair, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Kamen; absent) Yeas: Cole, Ferris, Gale, Rogers, Knight. RESOLUTION NO. R-95-199 A Resolution finding that the structure located on Lots 39, 41, 43, 45, and 47, Block J, South University Place Addition to Wichita, Sedgwick County, Kansas, commonly known as 2342 West Dora, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Kamen; absent) Yeas: Cole, Ferris, Gale, Rogers, Knight. RESOLUTION NO. R-95-200 A Resolution finding that the structure located on Lots 33 and 35, Block 2, Esterbrook Park Addition to Wichita, Sedgwick County, Kansas, commonly known as 1036 North Poplar, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Kamen; absent) Yeas: Cole, Ferris, Gale, Rogers, Knight. 1336 North Washington Kurt Schroeder Superintendent of Central Inspection reviewed the Item. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Mr. Carthen Mr. Carthen, property owner, said he needed additional time to have the structure removed. Due to recent rains, the ground is soft and bulldozers have been unable to get on the property. Mr. Carthen said Beech has a shutdown from July 3rd to July 14th and asked for a deferral until that time period so he and his wife could take care of the demolition. Regarding the taxes, the Carthens have applied for a loan to pay off all of the taxes on all properties owned by them. The plan is to sell the property after the structure is demolished. Kurt Schroeder Acting Superintendent of Central Inspection reviewed the Item. Mayor Knight Mayor Knight announced that the public hearing was open and interested persons would be heard at this time. Motion -- Rogers moved that the public hearing be closed, the resolution declaring the building(s) dangerous and unsafe structures be adopted, time frame of 30 days to commence and 10 additional days to complete demolition be approved and any extensions of time granted to repair the structures would be conditioned on the following: (1) any back taxes now due are to be paid and taxes kept current, (2) the structures are to be kept secured, and (3) the premises are to be kept mowed and free of debris; if any of these conditions are not met, staff is directed to proceed to let for bids to demolish the structure; and the City Clerk be instructed to have the Resolution published once in the official city paper and -- carried advise the owners of these findings. Motion carried 5 to 0. (Cather, Kamen; absent) RESOLUTION NO. R-95-201 A Resolution finding that the structure located on Lots 26 and 28, Washington Avenue, H.O. Burleigh's Third Addition to Wichita, Sedgwick County, Kansas, commonly known as 1336 North Washington, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Rogers moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Kamen; absent) Yeas: Cole, Ferris, Gale, Rogers, Knight. 548 North Ash Kurt Schroeder Superintendent of Central Inspection reviewed the Item. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Allen Jones Allen Jones, new purchaser, said some repairs have been started and requested 60 days to complete the repairs. Mr. Jones said he intends to restore the property and use it for rental. Council Member Kamen present. Motion -- Rogers moved that the public hearing be closed, the resolution declaring the building(s) dangerous and unsafe structures be adopted, that 60 days be given to alleviate the findings and any extensions of time granted to repair the structures would be conditioned on the following: (1) any back taxes now due are to be paid and taxes kept current, (2) the structures are to be kept secured, and (3) the premises are to be kept mowed and free of debris; if any of these conditions are not met, staff is directed to proceed to let for bids to demolish the structure; and the City Clerk be instructed to have the Resolution published once in the official city paper and advise the owners of these findings. Motion -- carried carried 6 to 0. (Cather absent) RESOLUTION NO. R-95-202 A Resolution finding that the structure located on Lots 26 and 28, on Ash Street, Stites Brothers Second Addition to Wichita, Sedgwick County, Kansas, commonly known as 548 North Ash, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Rogers moved that the Resolution be adopted. Motion carried 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. 419 East Lewis Kurt Schroeder Acting Superintendent of Central Inspection reviewed the Item. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Bank representatives spoke and said they would like to find someone to purchase the property for rehabilitation purposes. The property at 427 East Lewis is being sold to someone for rehabilitation and it may be possible to have both properties purchased by the same buyer. Motion -- Rogers moved that the public hearing be closed, the resolution declaring the building(s) dangerous and unsafe structures be adopted, the Police 33 time frame (60 days to complete repairs) to alleviate the findings be approved and any extensions of time granted to repair the structures would be conditioned on the following: (1) any back taxes now due are to be paid and taxes kept current, (2) the structures are to be kept secured, and (3) the premises are to be kept mowed and free of debris; if any of these conditions are not met, staff is directed to proceed to let for bids to demolish the structure; and the City Clerk be instructed to have the Resolution published once in the official city paper and -- carried advise the owners of these findings. Motion carried 6 to 0. (Cather absent) RESOLUTION NO. R-95-203 A Resolution finding that the structure located on the west half of the north 194 feet of Clark's Reserve, N.A. English's Fifth Addition to Wichita, Sedgwick County, Kansas, commonly known as 419 East Lewis, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. 1410 North Belmont Kurt Schroeder Superintendent of Central Inspection reviewed the Item. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Julius Neal Julius Neal, prospective buyer, said he had been in contact with Resolution Trust, in an effort to try to purchase the property, and was waiting contact from Resolution. Mr. Neal requested two to three weeks to complete the purchase. Council Member Rogers Council Member Rogers said the bid process could proceed and that if Mr. Neal was successful, then the Item could be brought back for reconsideration. Motion -- Rogers moved that the public hearing be closed, the resolution declaring the building(s) dangerous and unsafe structures be adopted, that 60 days be given to alleviate the findings and any extensions of time granted to repair the structures would be conditioned on the following: (1) any back taxes now due are to be paid and taxes kept current, (2) the structures are to be kept secured, and (3) the premises are to be kept mowed and free of debris; if any of these conditions are not met, staff is directed to proceed to let for bids to demolish the structure; and the City Clerk be instructed to have the Resolution published once in the official city paper and advise the owners of these findings. Motion -- carried carried 6 to 0. (Cather absent) RESOLUTION NO. R-95-204 A Resolution finding that the structure located on Lot 8, Block U, in University Park Addition to Wichita, Sedgwick County, Kansas, commonly known as 1410 North Belmont, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Rogers moved that the Resolution be adopted. Motion carried 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. CITY COUNCIL AGENDA (Addendum Item 12a) RECYCLING SCRAP DISCUSSION OF HOUSE BILL 820 AND SENATE BILL 607 PERTAINING TO RECYCLING SCRAP MATERIALS. (Requested by Vice Mayor Kamen) Council Member Kamen Council Member Kamen said House Bill 820 and Senate Bill 607 would, hopefully, remedy defects which could cause problems for recycling programs. Currently, if the City or any other parties are participating in any part of the recycling of scrap materials, even though it be minor, they become responsible for any liabilities defined under the present Superfund laws. As it stands, this could be a huge obstacle in the path of the City's goal to recycle a large percentage of the City's solid waste stream. A letter from the Council or a Resolution in support of the bills should be adopted by the Council and be sent within the next week to the Kansas delegates. Motion -- Kamen moved that the Law Department give recommendation for the May 9th Agenda; and that a Letter or Resolution be prepared to be sent to the Congressional -- carried Representatives. Motion carried 6 to 0. (Cather absent) APPOINTMENTS APPOINTMENT TO WICHITA PUBLIC BUILDING COMMISSION. One appointment (Cather), for a term to expire June 30, 1995. Motion -- carried Knight moved that the appointment be deferred two weeks. Motion carried 6 to 0. (Cather absent) APPOINTMENTS TO COMMISSION ON THE STATUS OF PEOPLE WITH DISABILITIES. Two appointments (Gale, Rogers), for terms expiring June 30, 1995. Motion -- Rogers appointed Clifford McGee and moved that the appointment be approved. -- carried Motion carried 6 to 0. (Cather absent) Motion -- Knight moved that Gale's appointment be deferred two weeks. Motion carried -- carried 6 to 0. (Cather absent) (Addendum Item 12b) APPOINTMENT TO CPO NORTHEAST - DISTRICT I. Carl Brewer, 4324 Norwood (20), has been nominated to fill a vacancy in CPO Council Subdistrict 1.2 and Dennis Martin, 1447 North Piatt (14), has been nominated from Subdistrict 1.1. Motion -- Rogers appointed Carl Brewer and Dennis Martin and moved that the appointments be -- carried approved. Motion carried 6 to 0. (Cather absent) (Addendum Item 12c) APPOINTMENT TO CPO NORTH CENTRAL - DISTRICT VI. Carol June, 2003 North Jackson (03), has been nominated to fill a vacancy in the CPO Council Subdistrict 6.2; and Merle Manlove, 715 West Ninth Street (02) has been nominated from Subdistrict 6.3. Motion -- Cole appointed Carol June and Merle Manlove and moved that the appointments be -- carried approved. Motion carried 6 to 0. (Cather absent) NOTICE OF VACANCY - WICHITA AIRPORT AUTHORITY. One vacancy (Kamen), due to the death of Gerald James, for a term expiring June 30, 1995. Motion -- carried Knight moved that action be taken on this Item. Motion carried 6 to 0. (Cather absent) Motion -- Kamen appointed Dave Bayouth and moved that the appointment be approved. Motion -- carried carried 6 to 0. (Cather absent) NOTICE OF VACANCY - CONVENTION AND TOURISM COMMITTEE. One vacancy (Gale), due to the resignation of Bill Gale, for a term expiring June 30, 1995. Appointment will be made May 16, 1995. CONSENT AGENDA Knight moved that the Consent Agenda, except Item 14, be approved in accordance with the recommended action shown thereon. Motion carried 6 to 0. (Cather absent) BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED APRIL 24, 1995. At 10:00 a.m., Friday, April 21, 1995, pursuant to advertisements published, bids were received, publicly opened, read aloud and tabulated for the Board of Bids and Contracts: (Ref: Bid analysis report attached to Board of Bids Minutes 4/24/95) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Storm Water Sewer 384 to serve Lots 2-6, Block 6, Sterling Farms Addition (north of 21st, west of Tyler). (468- 81943/750570/485093) Does not affect existing traffic. (Council approval date 02-14-89) (District V) Utility Contractors - $126,923.00 Alley between Douglas and William from the east line of Topeka to the west line of Emporia (east of Broadway, south of Douglas). (472-82405/762260/490329) Closed to traffic. (Council approval date 11-01-93) (District VI) Kansas Paving - $36,047.75 (Alternate #2) The Board of Bids and Contracts recommended that the contracts be awarded as outlined above, subject to check, same being the lowest and best bid and within the Engineer's construction estimate. Knight moved that the contracts be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign the contract for the City. Motion carried 6 to 0. (Cather absent) HUMAN SERVICES/WICHITA HOUSING AUTHORITY: FURNISH LABOR, MATERIALS AND EQUIPMENT TO PROVIDE INTERIOR AND EXTERIOR REPAIRS FOR SIXTEEN (16) RESIDENCES AS PER SPECIFICATIONS Baker Construction - Group I - $ 83,962.00 Group II - $115,886.00 Group III - $ 90,718.00 Group IV - $ 62,000.00 Group V - $ 84,000.00 Group VI - $ 29,000.00 WATER & SEWER DEPARTMENT/SEWAGE TREATMENT DIVISION: VARIABLE FREQUENCY DRIVE AS PER SPECIFICATIONS Stanion Wholesale Electric Co. - $16,140.12 HUMAN SERVICES DEPARTMENT/WICHITA HOUSING AUTHORITY: HANDICAP RENOVATIONS (ADA) OR MCLEAN MANOR AS PER SPECIFICATIONS Van Asdale Construction - $125,000.00 HUMAN SERVICES DEPARTMENT/WICHITA HOUSING AUTHORITY: HANDICAP RENOVATIONS (ADA) FOR BERNICE HUTCHERSON AS PER SPECIFICATIONS Great Plains Contractors - $43,352.00 HUMAN SERVICES DEPARTMENT/WICHITA HOUSING AUTHORITY: HANDICAP RENOVATIONS (ADA) FOR ROSA GRAGG AS PER SPECIFICATIONS Hahner, Foreman & Harness, Inc. - $48,189.00 HEALTH DEPARTMENT: FLU VACCINE AS PER SPECIFICATIONS Parke-Davis, Div. of Warner Lambert Co. - $62,300.00 The Board of Bids and Contracts recommended that the contracts be awarded as outlined above, same being the lowest and best bid. Knight moved that the contracts be awarded as outlined above, same being the lowest and best bid. Motion carried 6 to 0. (Cather absent) (Item 14) LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Special Event 1995 Larry Harman 6th Annual Old Town226 N. Rock Island Bar-B-Que Cookoff Thomas A. Mairs River Festival Block Party518 E. Douglas Renewal 1995 (Consumption on Premises) Juvenal G. Fernandez La Mexicana Restaurant*408 W. 21st Joan Tinney Royal Lounge 523 S. Main (Consumption off Premises) Roger C. Witham Metro Oil, Inc.520 W. Douglas Roger C. Witham Metro Oil, Inc.851 S. Meridian Roger C. Witham Metro Oil, Inc.324 W. Harry Roger C. Witham Metro Oil, Inc.2600 N. Arkansas Roger C. Witham Metro Oil, Inc.960 E. Pawnee Roger C. Witham Metro Oil, Inc.1826 W. 13th Roger C. Witham Metro Oil, Inc.3128 E. Harry Roger C. Witham Metro Oil, Inc.4003 S. Broadway Roger C. Witham Metro Oil, Inc.731 N. Ridge Rd. Roger C. Witham Metro Oil, Inc.106 S. Hydraulic Roger C. Witham Metro Oil, Inc.223 E. 21st Roger C. Witham Metro Oil, Inc.3919 W. Pawnee Roger C. Witham Metro Oil, Inc.240 S. West St. Roger C. Witham Metro Oil, Inc.1622 S. West St. New Operator 1995 (Consumption on Premises) Edith K. Boede Li'l Mexico* 1601 E. Pawnee Andrew N. Dao Singapore Restaurant*8414 W. 13th, Suite #150 *General Retailer--beer sales derive less than 50% of gross revenues. Council Member Kamen Council Member Kamen inquired whether he had a conflict of interest. Gary Rebenstorf Director of Law clarified that Council Member Kamen, in this instance, would not have a conflict of interest. Motion -- Kamen moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 6 to 0. (Cather absent) PLANS AND SPECS. PLANS AND SPECIFICATIONS. a. Lateral 12, Main 13, Southwest Interceptor Sewer to serve part of Lark 2nd Addition (south of Kellogg, east of 119th Street West). (468-82443/742254/480317) Does not affect existing traffic. (Council approval date 03-07-95) (District V) b. Lateral 348, Southwest Interceptor Sewer to serve part of Stoneborough Addition (west of Broadway, north of 55th Street South). (468-82466/742239/480315) Does not affect existing traffic. (Council approval date 03-14-95) (District IV) c. Left Turn Lane on Rock Road at Oxford Circle to serve the proposed access point to Windemere Second Addition (east of Rock, south of 29th Street North). (472-81968/762559/490358) Traffic to be maintained through construction. (Council approval date 09-12-89) (District II) d. Meadow Creek from the north line of Lot 6, Block 2 to the west line of Fairview in Meadow Creek Addition (south of 29th Street North, west of Broadway). (472-82552/762948/490397) Does not affect existing traffic. (Council approval date 01-10-95) (District VI) e. Water Distribution System to serve 45 Rock Road Industrial Park (east of Rock, south of 45th Street North). (448-88904/732602/470338) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 03-14-95) (District II) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., May 12, 1995. Motion carried 6 to 0. (Cather absent) PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. Storm Water Sewer 384 to serve Lots 2-6, Block 6, Sterling Farms Addition (north of 21st, west of Tyler) - $161,156.00. (468-81943/750570/485093) Does not affect existing traffic. (Council approval date 02-14-89) (District V) b. Alley between Douglas and William from the east line of Topeka to the west line of Emporia (east of Broadway, south of Douglas) - $52,650.00. (472-82405/762260/490329) Closed to traffic. (Council approval date 11-01-93) (District VI) c. Two-way Center Left Turn Lane on Rock Road from approximately 290 feet north of the centerline of 13th Street North to approximately 2,380 feet north of the centerline of 13th Street North and necessary transitions (west Rock, between 13th and 17th) - $355,745.00. (472-82463/705921/405146) Traffic to be maintained through construction. (Council approval date 05-17- 94) (District II) d. Accel-Decel/Right Turn Lane to serve properties on the west side of Rock Road from approximately 500 feet north of the centerline of 13th Street north to approximately 500 feet north of the centerline of 13th Street North and necessary transition (west of Rock, north of 13th) - $102,996.00. (472- 82464/705913/405145) Traffic to be maintained through construction. (Council approval date 05-17-94) (District II) e. Drainage structure under the I-235 Freeway at the lower Big Slough - $500,000.00. (468- 82461/750638/485099) f. Amended Preliminary Estimate - Rock Road south of Central Avenue to Douglas Avenue (Phase I) - $1,062,267.94. (472-82422/705798/405133) Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 6 to 0. (Cather absent) STATEMENTS OF COST STATEMENTS OF COST. a. (First Partial) Park CIP Project, land acquisition-various - $44,710.48. (785428/440073) b. (First Partial) Park CIP Project, Chisholm Creek Park Site Development - $82,353.00. (785303/440061) c. (Final Statement of Cost) Park CIP Project, The Meadows-establish lawn & trails - $12,313.60. (785121/440043) d. (Third Partial) Park CIP Project, South Lakes Park-acquisition & improvements - $23,984.91. (785295/440060) e. (First Partial) Improving Broadway (John Mack Bridge) over the Arkansas River - $1,220,000.00. (Less financing previously requested - $376,845.00) Financing to be issued at this time - $843,155.00. (472-82375/715250/415039) f. (First Partial) Constructing a parking lot to serve Botanica - $65,000.00. Financing to be issued at this time - $65,000.00. (791160/435147) g. (First Partial) Arkansas Riverbank Improvements - $70,000.00. Financing to be issued at this time - $70,000.00. (472-82385/790949/435125) h. (First Partial) Improving McLean Boulevard from Meridian to Seneca - $1,000,000.00. (Less financing previously requested - $800,000.00) Financing to be issued at this time - $200,000.00. (472-82448/705897/405143) i. 1991-1992 Railroad Crossing Program - $110,000.00. (Less financing previously issued - $66,000.00; Less second partial estimate of cost - $44,000.00) Financing to be issued at this time - $0.00. (472-82230/710095/410060) j. Drainage structure under I-235 Freeway at the lower Big Slough (local share only) - $430,106.00. Financing to be issued at this time - $430,106.00. (468- 82461/750638/485099) k. 11th Street Bridge over the Little Arkansas River, (DESIGN ONLY) - $75,000.00. (Less financing previously issued - $75,000.00) Financing to be issued at this time - $0.00. (472-82300/715227/415036) l. 21st Street North from I-135 to Hillside - $3,446,488.00. (Less revenue from sale of property - $293,363.00; Less rent/lease income - $5,375.00; Less interest earnings - $8,708.00; Less financing previously issued - $3,030,000.00; Less third partial estimate of cost - $50,000.00) Financing to be issued at this time - $59,042.00. (472- 82027/705442/405098) m. Sidewalk and Wheelchair Ramp construction or replacement in various park locations - $30,775.00. (472- 82532/785360/440067) Motion -- Knight moved that the Statements of Cost be approved and filed. Motion -- carried carried 6 to 0. (Cather absent) BOARDS MINUTES MINUTES OF ADVISORY BOARDS AND COMMISSIONS. Board of Park Commissioners, 4/10/95 Board of Zoning Appeals, 2/28/95, 1/24/95, 7/26/95 CPO East Council 2, 4/10/95 CPO Southeast Council 3, 4/13/95 CPO Southwest Council 4, 4/13/95 CPO Northwest Council 5, 4/12/95 Human Service Board, 3/16/95, 3/13/95 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 6 to 0. (Cather absent) BOARDS REPORTS ADVISORY BOARDS AND COMMISSIONS 1994 ANNUAL REPORTS. Administrative Airport Authority Library Board Metropolitan Transit Authority Semi-Administrative Wichita Employees' Retirement Board Wichita Police and Fire Retirement Board Wichita Public Building Commission Wichita/Sedgwick County Board of Health Wichita/Sedgwick County Metropolitan Area Planning Commission Regulatory Board of Appeals of Air Conditioning, Refrigeration, Warm Air Heating, & Boilers Board of Appeals of Plumbers & Gas Fitters Board of Code Standards & Appeals Board of Electrical Appeals Board of Zoning Appeals Utility Location Coordination Council Wichita Athletic Commission Advisory Board of Park Commissioners Civil Rights and Services Board Convention and Tourism Committee Human Services Board Public Art Advisory Board Wichita Commission on the Status of People With Disabilities Wichita Commission on the Status of Women Wichita Historic Preservation Board Wichita Traffic Commission Wichita/Sedgwick County Alcohol & Drug Abuse Advisory Board Citizen Participation Organization Motion -- carried Knight moved that the Reports be received and filed. Motion carried 6 to 0. (Cather absent) STREET CLOSURES CONSIDERATION OF STREET CLOSURES. Agenda Report No. 95-356. The Union Pacific Railway has scheduled the installation of concrete crossing material at nine locations along the old OKT line. This is part of a railroad project which will include ballast improvements and tie replacements from Central Street to Kechi. The nine affected crossings along with the tentative dates for closure at each location are: Closure Closure Location Period Location Period 19th and Mead May 2-5 *13th and Mead June 5-9 10th and Mead May 8-12 *17th and Mead June 12-16 11th and Mead May 15-19 *21st, west of Mosley June 19-23 15th and Mead May 22-26 *37th, east of Hydraulic June 26-30 18th and Mead May 30-June 2 *Improvements at these locations may be delayed if the "special work group" is not available in June. The closure period will allow the removal of the existing permanent headers and crossing, placement of the new track section, installation of the concrete surface and placement of the asphalt approaches. This project will be accomplished with no cost to the City. The railroad is responsible for construction barricades and detour signing during the project. No total closures will be allowed at the locations on arterial streets during the River Festival. Work at the 37th Street location will be delayed until completion of improvements on Woodlawn, south of 37th Street. There is no cost to the City. Motion -- carried Knight moved that the closures be approved. Motion carried 6 to 0. (Cather absent) Agenda Report No. 95-357. In accordance with Special Event Procedures, event sponsors are to notify adjacent property owners and coordinate arrangements with Staff, subject to final approval by City Council. The following Special Event requests have been submitted: Kansas Law Enforcement Torch Run for Special Olympics Friday, June 2, 1995 (7 - 8 p.m.) City Hall Main Street between Central and Third "Celebration of Caring" Saturday, May 6, 1995 (2 - 6 p.m.) Hospice, Incorporated, 313 South Market Market Street between Waterman & English Inasmuch as possible, event sponsors are responsible for all costs associated with special events. Motion -- Knight moved that the requests be approved subject to: (1) Event Sponsor notifying every property and/or business adjoining any portion of the streets to be used for the event; (2) coordination of event arrangements with City Staff; (3) hiring off-duty public safety officers as required by the Police Department; (4) obtaining barricades to close the streets in accordance with requirements of Police, Fire and Public Works Departments; (5) submitting a certificate of insurance evidencing general liability insurance which covers the event and its related activities, including the naming of the City as an additional insured with respect to the event's use of the closed City streets. Motion carried -- carried 6 to 0. (Cather absent) RETIREMENT ACTUARIAL ACTUARIAL STATUS REPORTS - WICHITA EMPLOYEES' RETIREMENT SYSTEM AND POLICE AND STATUS REPORTS FIRE RETIREMENT SYSTEM. Agenda Report No. 95-358. The funding objective of the Retirement System is to establish and receive contributions, expressed as percents of active member payroll, which will remain approximately level from year to year and will not have to be increased for future generations of citizens in the absence of benefit improvements. The Boards of Trustees for the Wichita Retirement Systems (WER and P&F) employ Gabriel, Roeder, Smith & Company as actuarial consultants to evaluate this objective. The WER and P&F systems are supported by member contributions, city contributions, and investment income from retirement fund assets. Since 1990, the funded ratio has increased for both systems as the city's contribution has decreased. The funding objective contribution requirement is computed to remain level from year to year as a percentage of active member payroll. This objective assumes that benefits and the demographic make-up of system members does not change materially and experience assumptions are realized. Overall experience during 1994 indicated that WER had a net actuarial gain and that P&F gains and losses were offsetting. Fiscal WER P&F Year City Funding City Funding 1990 11.0% 86.1% 23.4% 81.9% 1995 9.5% 99.6% 22.7% 89.8% 1996 9.4% 100.8% 22.6% 90.7% The cost of funding the Unfunded Actuarial Accrued Liability (UAAL) for active and former members is 1.6% of total payroll for WER. If plan benefits remain the same, this liability will be fully financed in twenty-two (22) years. The UAAL for P & F contains two components. A contribution of 4.6% will continue for three (3) additional years to complete the obligation for retired members and beneficiaries. Assuming current plan benefits do not change, in 1998 the City can anticipate a reduction of 4.6% of payroll. A contribution of 4.8% to fund the liability for active and former members will be fully financed in twenty-three (23) years. Conclusions of the actuary are: - the funding of the retirement systems has made better than expected progress during the last 10 years due in part to favorable economic environment and the diligent pursuit of investment earnings; - current conditions suggest the rate of funding progress will slow to levels in line with long term expectations; - the magnitude of the obligations being incurred together with the growing maturity of the retirement systems mandate continued diligence on the part of the Boards and the City in monitoring the experience of the systems and providing funding in accordance with the funding objective. The City's contribution rate can be reduced in 1996 to 9.4% of payroll for Wichita Employees' Retirement and 22.6% of payroll for Police & Fire Retirement. Motion -- carried Knight moved that the Reports be received and filed. Motion carried 6 to 0. (Cather absent) ENERGY AUDIT GRANT 1995/1996 KANSAS CORPORATION COMMISSION (KCC) ENERGY AUDIT GRANT. Agenda Report No. 95-359. The KCC Energy Grant will provide 100 energy audits for nonprofit residences and organizations to reduce gas and electric bills. The amount of the grant is dependent upon the funds KCC has available. Examples of energy conservation include building more efficient air conditioners, caulking, weather- stripping, insulating, installing fluorescent and HID lighting, and other labor intensive tasks. The grant is for $20,000 from July 1, 1995, through June 30, 1996. There are no matching funds required. Last year's grant was for $5,000. Motion -- carried Knight moved that the grant application be approved. Motion carried 6 to 0. (Cather absent) SLUDGE REMOVAL LIQUID LIME SLUDGE REMOVAL AGREEMENT Agenda Report No. 95-360. The City uses lime in the water treatment process to soften water. The lime reacts with the soluble calcium hardness in the water to form a carbonate precipitate. This carbonate precipitate (lime sludge) is disposed of at the City's lagoon located at 29th St. N. and West Street. AG Services, Inc., an agricultural lime service company, has had an agreement with the City since 1985 to remove lime sludge from the lagoon, at no cost to the City, and then use it as a soil conditioner. The previous Agreement with them has expired, and this Agreement will cover the next 5 years. Removal of sludge will delay the necessity to construct a replacement lagoon. Lime sludge is created daily in water treatment and averages approximately 25 (dry) tons/day. Before 1979, the City disposed of lime sludge by discharging into the Arkansas River. The adoption by the Federal government of the Clean Water Act in the early 1970's made this practice no longer acceptable. Between 1973 and 1979, the City Commission initiated numerous studies to determine cost-effective alternatives to river disposal and to determine if there was a commercial "market" for the material. These studies concluded that the lagoon disposal method was the most viable and that the material, because of its affinity for water, was not marketable as a lime additive or a filler material for asphalt. The lime sludge lagoon was completed in 1978. AG Services, Inc., over the past ten (10) years has researched and successfully marketed the use of the City's lime sludge through a wet process of land application. The removal of lime sludge will allow the City to delay the construction of an additional lagoon, and extend the life of the storage site. The use of this material has been looked at by other agricultural lime companies, but only AG Service has the equipment and techniques necessary to utilize the wet material. No significant technical innovations have developed (since the 1970's) that would warrant a new study to examine alternative disposal methods. There are three alternatives that the Council can consider: 1.) Renew the Agreement with AG Services, Inc. 2.) Seek an alternate firm to do this work (there are no other firms using this material). 3.) Do not allow this material to be removed from the City's lagoon. This would be an unnecessary use of the storage space at that site. AG Service, Inc., is willing to remove the lime slurry at no cost to the City, provide a surety bond (for site restoration), and carry liability insurance. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Cather absent) DESIGN SERVICE AGMNTS AGREEMENT FOR DESIGN SERVICES FOR MEADOW OAKS ADDITION. (District I) Agenda Report No. 95-361. The City Council approved the Meadow Oaks Addition development on April 25, 1995. The proposed Agreement between the City and Poe & Associates of Kansas, Inc. provides for the design of Lateral 63, Main 5, Sanitary Sewer No. 23; Water Distribution System No. 448-88732; and paving Meadow Oaks, Pepperwood, Edgemoor Circle, Pepperwood Circle, Meadow Oaks Circle, and Meadow Oaks Courts in Meadow Oaks Addition (south of 29th Street North, east of Oliver). Because Poe & Associates of Kansas, Inc. provided subdivision engineering services for this addition, it can expedite construction plan preparation. Payment will be on a lump-sum basis not to exceed $56,400 and will be paid by Special Assessments. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Cather absent) AGREEMENT FOR DESIGN SERVICES FOR PRAIRIE WOODS AND WILDERNESS AT THE PARK ADDITIONS. (District V) Agenda Report No. 95-362. The City Council approved the Prairie Woods and Wilderness at the Park Additions development on March 21, 1995. The proposed Agreement between the City and Baughman Company provides for the design of Water Distribution System No. 448-88907 in Prairie Woods and Wilderness at the Park Additions (north of Pawnee, east of Maize). Because Baughman Company provided subdivision engineering services for this addition, it can expedite construction plan preparation. Payment will be on a lump-sum basis not to exceed $11,800 and will be paid by Special Assessments. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Cather absent) AGREEMENT FOR DESIGN SERVICES FOR PRAIRIE WOODS ADDITION. (District V) Agenda Report No. 95-363. The proposed Agreement between the City and Mid-Kansas Engineering Consultants (MKEC) provides for the design of Lateral 345, Southwest Interceptor; Storm Water Sewer No. 460; Water Distribution System No. 448-88900; Water Distribution System No. 448-88905; and paving Haskell, Prairie Woods, Prairie Woods Court and sidewalk in Prairie Woods Addition (north of Pawnee, east of Maize). Because MKEC provided subdivision engineering services for this addition, it can expedite construction plan preparation. Payment will be on a lump-sum basis not to exceed $54,695 and will be paid by Special Assessments. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Cather absent) AGREEMENT FOR DESIGN SERVICES FOR LARK 2ND ADDITION. (District V) Agenda Report No. 95-364. The City Council approved the Lark 2nd Addition development on March 21, 1995. The proposed Agreement between the City and Baughman Company provides for the design of Lateral 12, Main 13, Southwest Interceptor Sewer; Water Distribution System No. 448- 88888; and paving Esthner, Mars, Dora, and Dora Courts in Lark 2nd Addition (south of Kellogg, east of 119th Street West). Because Baughman Company provided subdivision engineering services for this addition, it can expedite construction plan preparation. Payment will be on a lump-sum basis not to exceed $32,600 and will be paid by Special Assessments. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Cather absent) AGREEMENT FOR DESIGN SERVICES FOR STONEBOROUGH ADDITION. (District IV) Agenda Report No. 95-365. The City Council approved the Stoneborough Addition development on March 14, 1995. The proposed Agreement between the City and Baughman Company provides for the design of Lateral 348, Southwest Interceptor; Water Distribution System No. 448-88906; and paving Hazel and Hazel Courts in Stoneborough Addition (west of Broadway, north of 55th Street South). Because Baughman Company provided subdivision engineering services for this addition, it can expedite construction plan preparation. Payment will be on a lump-sum basis not to exceed $11,800 and will be paid by Special Assessments. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Cather absent) EMINENT DOMAIN PAYMENT PAYMENT OF APPRAISERS' AWARD IN CONNECTION WITH EMINENT DOMAIN (CASE NO. 95C626). Agenda Report No. 95-366. On March 3, 1995, the City filed an eminent domain proceeding to acquire the final three tracts of land in connection with the planned construction of an ice rink and redevelopment of a tract of land bordered by Maple Street on the north, Sycamore on the west, McLean Boulevard on the east and Kellogg on the south.. On April 26, 1995, the court-appointed appraisers filed their award on these tracts of land. In order for the City to complete its acquisition of these tracts it must pay the amount of the award, together with fees and court costs, to the Clerk of the District Court on or before May 26, 1995. The appraisers awarded the owner of Tract #7 (a single family residence at 416 S. LaClede) the sum of $40,000 for the taking of the entire property. The appraisers awarded the owner of Tract #9 (a single family residence at 422 S. LaClede) the sum of $45,000 for the taking of the entire property. The appraisers awarded the owner of Tract #26 and Tract #52 (two residences at 511 Mentor and 500 S. Sycamore) the sum of $62,000 for the taking of the entire property. The Court set the appraisers' fees at $1,200 each and court costs at $66.50. The City must pay the total sum of $150,666.50 to the Clerk of the District Court on or before May 26, 1995, in order to acquire title to these properties. These acquisition costs are to be charged to the project. Motion -- Knight moved that payment to the Clerk of the District Court of the appraisers' award, fees, and court costs in the total amount of $150,666.50, be authorized. -- carried Motion carried 6 to 0. (Cather absent) ORDINANCE SECOND READING ORDINANCE. (First Reading 4/25/95) ORDINANCE NO. 42-777 An Ordinance declaring McLean Boulevard from Walnut to Taft (472-82579) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Cather absent) PLANNING AGENDA Motion -- Knight moved that the Planning Agenda be approved as consensus Items. Motion -- carried carried 6 to 0. (Cather absent) A 95-5 A 95-5 - REQUEST TO ANNEX PROPERTY ADJOINING THE CITY GENERALLY LOCATED EAST OF TYLER ROAD AND 1/4 MILE SOUTH OF 29TH STREET NORTH. Agenda Report No. 95-367. Rob Hartman has requested that property under his clients' ownership be annexed into the City of Wichita. This request is scheduled for consideration by the Wichita City Council during the May 2, 1995 City Council meeting. The tract of land is approximately 78 acres in size and is currently in the process of being platted, with a preliminary plat having been approved on April 6, 1995. Paving petitions for part of Tyler Road are being submitted to Engineering as part of the platting process. The subdivider has agreed to guarantee by petition the paving of a portion of Tyler Road which is adjacent to the subject property. Property owners have indicated that the property will be used for construction of 140 single-family units. The property is located east of Tyler Road and mile south of 29th Street North. The property is zoned "R1" suburban residential district under the Sedgwick County Zoning Resolution. Upon annexation, the County "R1" suburban residential district will convert to the "AA" one family dwelling district under the City Zoning code. The conversion from County to City zoning will accommodate the proposed use of the property. City Engineering indicates that no water main is in the immediate area. A water supply main extension along Tyler Road would be required by property owners as well as the extension of a water distribution system to serve all platted lots. There are sewer services close by in the Reflection Ridge subdivision which is immediately east of the area. If annexation occurs before property owners hook up to water services, the City will pay the cost of oversizing the line (if 8 inches and over) and property owners will be responsible for paying for the water distribution system and their share of supply. The Wichita Fire Department indicates fire protection can be extended to the requested annexation area within a 2 minute response time from City Fire Station No. 16, located at 1632 North Tyler Road. Upon annexation, police protection will be provided to the requested annexation area by the officers and equipment in the response units of the Patrol West Division of the Wichita Police Department serving the western portion of the City. This property is located within the urban growth area of the City of Wichita as delineated by the comprehensive plan for the metropolitan area, and is also inside the Policy 32 urban service area. The property is located within an area that can be served with the extension of water and sewer services. The property owner will be responsible for the cost of connecting to water and sewer when the service is requested. On the basis of the foregoing information, it is concluded that the annexation of the property in question will not result in an extraordinary expense to the City-at- large. The property is eligible for annexation under K.S.A. 12-520 (7) of State Law. Motion -- Knight moved that the annexation request be approved and the annexation -- carried Ordinance be placed on first reading. Motion carried 6 to 0. (Cather absent) ORDINANCE An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, introduced and under the rules laid over. A- 95-5 S/D 94-76 S/D 94-76 - PLAT OF THE SHOPS AT TALLGRASS ADDITION LOCATED NORTH OF 21ST STREET NORTH AND EAST OF ROCK ROAD. (District II) Agenda Report No. 95-368. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. Petitions, all 100%, have been submitted for traffic improvements (decel lane, accel lane, left turns). A Certificate of Petitions has also been submitted. This site is within the noise impact area of McConnell AFB and an avigational easement and restrictive noise covenant were required. As required by the drainage plan for this site, a cross-lot drainage agreement has been obtained by the applicant. To provide for a sidewalk along an existing street, a Sidewalk Certificate was provided. A private access easement presently encumbers the site in such a manner that the development on the site would be restricted. A release of this easement has been submitted for recording as a condition of the plat's approval. A zone change (Z-3111) from "BB" to "OC" zoning has been approved for this site subject to platting. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Accel/Decel 100 Percent Petition for accel/decel lane to serve Shops at Tallgrass and Tallgrass Commercial Fifth Additions (north of 21st, east of Rock) $37,000 S.A. (472-82580) (Hold for development) Left Turn Lane 100 Percent Petition for Left Turn Lane to serve Shops at Tallgrass and Tallgrass Commercial Fifth Additions (north of 21st, east of Rock) $18,000 S.A. (472-82581) (Hold for development) Easement Easement for Drainage of Surface Water from Slawson Investment Corporation. Sidewalk Certificate Sidewalk Certificate from Slawson Investment Corporation. Avigational Easement Avigational Easement from Slawson Investment Corporation. Restr. Covenant Restrictive Covenant from Slawson Investment Corporation. Certificate Certificate for accel-decel lane and left turn improvements from Slawson Investment Corporation. Vacation Vacation of joint access easement from Slawson Investment Corporation. 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; and the associated zone change Z-3111 Ordinance be placed on first reading with publication of the Ordinance being withheld until such time as the plat has been -- carried recorded with the Register of Deeds. Motion carried 6 to 0. (Cather absent) RESOLUTION NO. R-95- 206 Resolution of findings of advisability and Resolution authorizing improving of accel/decel lane on the north side of 21st Street North from the east line of Lot 1, Block 1, the Shops at Tallgrass Addition, to the east line of Tara, and that portion of the major entrance on 21st Street North to Lot 1, Block 1, that is located within the public street right-of-way; remove and replace sidewalk, where necessary, on the north side of 21st Street between the east line of Lot 1, Block 1, and the east line of Tara, Project No. 472-82580 (north of 21st, east of Rock) 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 6 to 0. (Cather absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-95- 207 Resolution of findings of advisability and Resolution authorizing construction of left turn lane on 21st Street North to serve Tara Circle, Project No. 472-82581 (north of 21st, east of Rock) 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 6 to 0. (Cather absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. ORDINANCE An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, introduced and under the rules laid over. Z-3111 S/D 95-12 S/D 95-12 - PLAT OF THE PATTERSON LAKE ADDITION LOCATED EAST OF SENECA AND NORTH OF I-235 NORTH. (District VI) Agenda Report No. 95-369. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. Although this site is located in the City, municipal facilities are not presently available. This site has, however, been approved by the Health Department for the use of on-site sanitary sewer and water facilities. Petitions have been submitted for the future extension of municipal water and sanitary sewer to this site. A Certificate of Petitions has also been submitted. This site is adjacent to an unpaved street and was requested to attempt to obtain a valid paving petition. However, a valid petition could not be acquired and in lieu of, the applicant has submitted an agreement obligating the property being platted to participate in any future attempts at paving in this area. The plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Affidavit Affidavit for Future Paving Improvements from Judie and E.L. Martin and the City of Wichita. Certificate Certificate from Judie A. and E.L. Martin. 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 6 to 0. (Cather absent) RESOLUTION NO. R-95- 208 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-88917 (east of Seneca, and north of I-235) 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 6 to 0. (Cather absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-95- 209 Resolution of findings of advisability and Resolution authorizing construction of Lateral 86, Sanitary Sewer No. 23 (east of Seneca, and north of I-235) Project No. 468-82472 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 6 to 0. (Cather absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. S/D 95-7 S/D 95-7 - PLAT OF D. EDWARDS ADDITION LOCATED NORTH OF 34TH STREET NORTH AND WEST OF BROADWAY. (District VI) Agenda Report No. 95-370. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. This site is located in a developed area of the City and sanitary sewer and municipal water are already available to the site. However, this site is adjacent to an unpaved street and was requested to attempt to obtain a valid paving petition. A valid petition, though, could not be acquired and in lieu of, the applicant has submitted an agreement obligating the property being platted to participate in any future attempts at paving in this area. The plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Paving Agreement Paving Agreement between Donald and Donna Edwards and the City of Wichita. Motion -- Knight moved that the document be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be -- carried authorized to sign. Motion carried 6 to 0. (Cather absent) S/D 95-10 S/D 95-10 - PLAT OF THE LEAR ADDITION LOCATED NORTH OF 55TH STREET SOUTH AND EAST OF BROADWAY. (District IV) Agenda Report No. 95-371. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. This site is located in a developed area of the City and needed facilities are already available. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Motion -- Knight moved that the plat be approved as recommended and the Mayor be -- carried authorized to sign. Motion carried 6 to 0. (Cather absent) EXECUTIVE SESSION Motion -- Knight moved that the Council recess to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to pending litigation and legal advice, and the regular meeting be resumed no later than 1:00 P.M. in the City Council Chambers. Motion carried 6 to 0. (Cather absent) RECESS Council recessed at 11:47 A.M. and reconvened in regular session at 1:00 P.M. Mayor Knight Mayor Knight announced that no action was necessary as a result of the executive session. ADJOURNMENT The City Council meeting adjourned at 1:00 P.M. Pat Burnett Deputy City Clerk JOURNAL 158 MAY 2, 1995 Page 1