MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, July 9, 1996 Tuesday, 9:08 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cole, Gale, Kamen, Rogers; present. Council Members Cather, Ferris; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Rev. Don Steelberg, Lorraine Avenue Mennonite 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 June 25, 1996, and July 2, 1996, -- approved were approved 5 to 0. (Cather, Ferris; absent) AWARDS AND PRESENTATIONS PROCLAMATIONS Mayor Knight presented the Proclamations previously approved. NEW BUSINESS IRB - HAYES COMPANY PUBLIC HEARING AND ISSUANCE OF INDUSTRIAL REVENUE BONDS - THE HAYES COMPANY, INC. Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-443 A. On June 4, 1996, the City Council approved the issuance of a Letter of Intent for Industrial Revenue Bonds, in an amount not-to-exceed $1.6 million, for a six-month period to The Hayes Company, Inc. for the construction of a 24,000 s.f. addition to Hayes' manufacturing facility, located at 800 East 37th Street North, and to purchase additional machinery. Hayes was also granted an 100% property tax abatement for a 5-year term on the project. Hayes manufactures and sells ornamental iron and wood garden accessories, fencing, pallets and commercial site furnishings. Products include iron plant hangers, plant stands, wood planters, bird houses and feeders, residential style wood fence and wrought iron fence and shopping mall benches and receptacles. Hayes exports over 95% of its products outside the State of Kansas. Hayes has a current approved EEO/AA Plan on file with the City's Human Resources Department. The cost/benefit analysis conducted by Wichita State University's Center for Economic Development and Business Research reflects a cost/benefit ratio of 1.94 for the City; 1.28 for the County; 1.00 for USD 259 and 9.9 for the State of Kansas. Because of the urgency of Hayes Company's planned expansion, and the delay that an audit would entail, the company is being allowed to proceed with this financing on the basis of unaudited financial statements. Proceeds from the requested bonds will be used to construct a 42,000 s.f. building addition to Hayes' facility and to purchase additional equipment to meet their capacity needs. The project consists of the following: SOURCES OF FUNDS * Industrial Revenue Bond Proceeds $1,600,000 * Company Funds 42,000 Total Project Funding $1,642,000 USES OF FUNDS * Expansion of Facility $700,000 * Purchase of Equipment 800,000 * Bond Reserve 25,000 * Construction Interest 37,500 * Contingency 7,500 * Cost of Issuance 72,000 Total Cost of Project $1,642,000 The Hayes Company, Inc. currently employs 163 people at its Wichita facilities. Current expansion plans for Hayes, forecasts an increase in employment at the Wichita facility of approximately 177 people over the next five years. If these projections are met, over $3,470,000 in new personal annual income will be added to the Wichita economy through wages paid to Hayes' expanded work force. The bond issue is being underwritten by Riedl & Co. and will be publicly reoffered to investors. The firm of Hinkle, Eberhart and Elkouri, L.L.C. is serving as bond counsel in the transaction. The Hayes Company, Inc. agrees to pay all costs of issuing the bonds and agrees to pay the City's $2,500 annual IRB administrative fee for the term of the bonds. Hayes was granted a 100% tax abatement of ad valorem property taxes on the project for a 5-year period with review at the end of five years for a second five year period in accordance with City Policy. Estimated first year taxes abated on the proposed project are $39,735, of which $10,891 is the City's portion, $9,755 is the County's portion, $18,568 is USD 259's portion and $521 is the State's portion based on the 1995 mill levy of 114.712 mills. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the public hearing be closed; and the Item be set over to July 16, 1996, for first reading of the Bond Ordinance. Motion carried 5 to 0. -- carried (Cather, Ferris; absent) SOLID WASTE MANAGEMENT PUBLIC COMMENT ON SOLID WASTE MANAGEMENT. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Dr. Ben Huie Dr. Ben Huie, Environmental Scientist and Consultant, 12011 Rolling Hills Drive, said there is no assurance KDHE will allow the continued use of Brooks Landfill as expert testimony will be offered pertaining to Brooks inefficiencies. Dr. Huie urged the Council to: 1) embrace the concept of integrated solid waste management; 2) accelerate the proposed yard-waste ban to August 1, 1996; 3) enact a white goods ban and a construction/demolition waste ban effective August 1, 1996; 4) remove the economic disincentives to recycling; and 5) allow those who are attempting to alleviate the problem by recycling to pay for every other week trash collection; 6) move forward immediately to establish permanent, full-time facilities for household hazardous wastes; 7) move forward immediately to establish a program for small quantity generated hazardous waste; and 8) declare an emergency and immediately impose a $20/ton surcharge on solid waste going to Brooks Landfill (would generate an approximate $2.5 million between now and October 9, 1996). Dr. Huie also suggested that, if KDHE allows Brooks to continue to operate after October 9, 1996, a $10/ton surcharge should continue to be assessed until the post-closure funds are fully funded in order to demonstrate fiscal responsibility and to protect Wichita taxpayers. Joe Pajor Natural Resources Director, responding to questions, said the White Goods Recycling Program is in effect and has been since the first of 1996. No decision has been made by the Council relative to passing a closure fee. At the present time, all costs of owning and operating the landfill are funded out of the tipping fee. The original proposal for the yard waste ban was for the first of 1996; subsequent to that, the City Council heard directly from the haulers saying that was not a workable date. This was the reason the ban was delayed until 1997. The Committee is continuing to work on the construction/demolition issue and has done further investigation. There are going to be significant impacts on the companies involved in construction and demolition. Alternatives are being worked on to be brought back for Council consideration. This matter is on the Solid Waste Committee's agenda for further discussion on Monday. There is presently a permanent hazardous household waste collection program that is open, at Waste Water Treatment Plant No. 2, on the first Saturday of each month and every Wednesday by appointment. Work is in progress on siting additional sites that would be open longer hours, evenings, and weekends. There is an amount in the Waste Management Trust Fund that could be used for paying a portion, at least, if not all of the cost to take care of the leakage at Brooks. The engineering studies to determine the actual cost have not yet been completed. Once completed, the City Council will have to address the funding mechanism. Don Steelberg Don Steelberg, 220 North Pershing, said he had called City offices and had been unable to get correct and timely information regarding disposal of household hazardous materials. The City needs to publish phone numbers and to have information available to give out over the telephone. Joe Pajor Natural Resources Director explained that the hazardous waste program is handled by the Environmental Health Department and questions should be directed to this area. Radio and television commercials have started and print information will be provided. A guide on recycling was distributed to 35 locations and is available at Dillons' Stores and branch libraries. Larry Ross Larry Ross stated that a RFP for the location and cost of a landfill in Sedgwick County should also be done at the same time a RFP is done for a transfer station. The community trash ethic needs to be determined and, if it is determined there is none, development of a community-wide trash ethic should be encouraged. James Mendenhall James Mendenhall said re-use as well as recycling should be promoted. Laws prohibiting recycling and re-use of certain produces need to be examined. Construction companies have a problem with what to do with construction waste and laws prohibit the re-use of this material. Also, much of the trash stream is caused from over-packaging to prevent shoplifting. Council Member Kamen Council Member Kamen said he would like to talk to the City Manager and OCI regarding the use of used material. The comments were taken under advisement. 1997-98 BUDGET PUBLIC COMMENT ON THE 1997-98 BUDGET. Chris Cherches City Manager explained that on July 30, 1996, the City Council would be asked to fix a, not to exceed, a tax levy which would be published. The formal public hearing on the Budget, based on the established tax rate, would be on August 13, 1996. The Budget can be changed up to August 13th; however, the established tax rate (mill levy) could not be exceeded after July 30th. The proposed Budget continues the effort to reduce costs and to do more with less. Department Heads have been challenged to use new techniques in service delivery and to explore alternatives via contracting, out-servicing, or consolidating some services with schools and Sedgwick County. City Management has been urged to implement as much new technology as possible, to acquire any labor saving equipment in the future, and to modify the organizational structures to represent downsizing and more creative ways to address municipal challenges. These efforts, in the past, have been very successful and have resulted in recommendation to the City Council that there be no tax increases for 1997 and/or 1998 based on projections and no water or sewer utility rate increases for 1997. The General Fund, which represents the municipal services which more directly affects the public (Police, Fire, Parks, Museums, and other traditional services), represents less than one percent increase over the current budget. The increase includes the public safety component which City Council embarked upon in 1995. This budget continues the focus on the priority of the City Council with regard to public safety. Certain key policy issues the City Council is being asked to address includes looking five to ten-years in advance in an attempt to address future financial challenges to continue the high level of current services provided by City offices. To address the transit issue, a workshop has been established with the MTA Board to review the public bus service and determine the level of service and how much public tax money subsidy should be provided. The City Council is asked to address the long- range future of the Storm Water Utility as to how much is to be accomplished in improvements. The Storm Water Utility budget presented continues the operational expense and some capital expenditures to comply with the National Pollutant Discharge Permit requirements (NPDES). The City Council is also asked whether there is a desire to continue the policy on maintaining a cap on public facilities such as museums. The Central Inspection Department, based on an agreement with the Wichita Area Home Builders, is maintaining a three to four-month reserve (a floating amount based on City projections and the building activities presently occurring and projected in 1997). The Budget suggests the discount be reduced on the permit fees. Currently there is a 25 percent discount off of the established building permit fee. The suggestion is that the 25 percent discount be reduced to a 15 percent discount. Then, if the building activity declines further, to maintain the three to four-month reserve, the discount may have to be totally eliminated. The decision is made at the time required. Also recommended is that the landfill tipping fee be increased to offset the estimated cost of cleaning up some of the contamination found in Cell "C" and to continue establishing the Environmental Trust Fund aimed at reaching an established level that will provide adequate funds in the future to effectively close the Brooks Landfill. The proposed tipping fee increase is $1.23/ton; however, that entails the action the City Council took several months ago when the tipping fee was reduced with the one-year extension to Herzog. It is being suggested that the tipping fee be brought back up with some additional cents to make a $1.23 increase. The increase is solely to offset the clean-up cost and the cost of maintaining a Household Hazardous Waste Facility. The Household Hazardous Waste Facility is in the current budget and is currently being designed and an appropriate location is being sought. The tipping fee will help offset the operational cost of that facility and the cost of being operational for more hours during the week. The proposal does not recommend any Storm Water Sewer Utility fee increase in the ERU equivalent residential unit fee because the City Council has been asked to address the issue and to guide staff on whether or not the desire is to maintain the current level and to perform as many projects as possible under the current $1.22 ERU. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Gene Hughes Gene Hughes, President of Wichita State University, said the most important change in the budget request for this year is the request to sell revenue bonds, to be supported by the mill levy, to enable WSU to improve Cessna Stadium. It is felt that the combined effort of the City of Wichita, Sedgwick County, State of Kansas, and Wichita State University to improve Cessna Stadium will remove a big eye-sore in the Northeast neighborhood. It is hopeful, through the sale of revenue bonds and other sources, that by Spring of 1997 there will be what appears to be a relatively new facility. Part of the facility will not be able to be completed in terms of the amount of funding identified. Those who have an interest in football and the potential return of football to the WSU Campus, as well as other potential users in the private sector, will be asked to be contributors to the project as well. The Wichita Public Building Commission's recommendation will be to sell $2.2 million in revenue bonds. The $2.2 million, plus the other identified, will enable major improvements to be made to the exterior and to the restrooms in the facility, and make the facility useful as a community facility with seating for 30,000. Minor tweaking has been done to other areas of the WSU Budget except in the area of administration where administrative costs have been reduced to go into the funding of the revenue bonds for the Cessna Stadium. Sylvia Farmer-Drew Sylvia Farmer-Drew, Executive Director of Big Brothers/Big Sisters, asked for support from liquor tax funds in the amount of $30,500. There has been an increase in the number of children needing services. Six hundred children, from families where chemical addiction is a problem, are being served. Additional staff should be hired to address the current need. Dick Williams Dick Williams, 4228 Northeast 24th, a teacher, said the City Librarian has proposed a minimum staff of 2.5 persons for the Northeast Branch Library which would allow the staff to assist patrons as necessary. The proposed City Budget provides for only one staff member in the Northeast Branch Library. One staff person could do no more than keep the doors open on a reduced schedule, check books in and out, and reshelve the books. One staff person could not leave the front desk to assist patrons or provide programs for young children. Equipment would be abused and security problems would increase. Mr. Williams urged staffing at the Northeast Branch Library be funded at the minimum 2.5 persons. James Mendenhall James Mendenhall, 500 block of South Bluff, urged as much support as possible be given to WSU. This support will be a benefit to all citizens of Wichita. Mayor Knight Mayor Knight stated that there is clearly an emphasis on public safety which reflects the preferences and expectations of citizens in Wichita. Wichita is making significant, substantial, on-going commitments to making this community safer which is what citizens expect and deserve. Wichita is a AA credit and many times the City's credit sells at AAA prices. The market place, because of the way the City is managed, the preferences of citizens and what they expect from elected representatives, and the generally conservative nature of Wichitans, serves the City well in credit markets when money is borrowed. The component of taxes the City has responsibility for is stabilized and there will be no tax increase in 1996, 1997, and, in all likelihood, there will not be an increase in 1998. Council Member Kamen momentarily absent. The comments were taken under advisement. Later in the meeting the Council returned to discussion of the budget calendar. Discussion was had and it was determined that workshops would be held, perhaps after each Council meeting or at other times as desired. Information regarding discussions will be provided to Council Members unable to attend the workshop sessions. Individual concerns/questions can be made known to the City Manager and if Council participation is required on a concern, that can be brought up for discussion. Chris Cherches City Manager, regarding the Northeast Branch Library positions, said the Libraries have 82 full-time employees and 44 part-time employees. Based on the way the facility was designed, it was felt that there could be movement of the employees among all the branch libraries rather than a designation of a certain number of employees for each branch. Also, it was felt the citizen library volunteers might be expanded. Council Member Rogers Council Member Rogers said staffing ought to be necessitated by the services provided and information has not been provided regarding any services provided by the Northeast Branch Library that are any different from any other branch library which would necessitate the number of staff required. Council Member Kamen Council Member Kamen asked for additional information regarding the number of trees lost each year, the number of trees being planted by the City, and how the number of trees lost affects the quality of life in general. Chris Cherches City Manager reminded the Council that until about eight years ago, the City did not have a concerted tree planting program. The City plants thousands of trees every year. Storms, diseases, and construction causes loss of trees. Ultimately, the City will catch up with the loss. The City is at a point that if the amount of money for trees were escalated, automatically, three additional employees would have to be added to maintain the additional trees. If the tree planting program is to be expedited, the budget will also be affected on the other side. For the last three to four years, the City has been going through a very concerted effort of pruning and treating trees in an effort to save more trees. An amount of money is being budgeted for trees that existing crews can handle. Currently, the program is in the Environmental Trust Fund. TECHNOLOGY SYSTEM PURCHASE OF DEVELOPMENT TECHNOLOGY SYSTEM. Terry Boswell Terry Boswell, Development Assistance Director, reviewed the Item. Agenda Report No. 96-561. In 1995, interviews were conducted with 40 local customers involved in all aspects of real estate development. They identified several weaknesses in the City's development processes. The primary deficiencies were that the development process is slow, consistency of plan review comments needs to be improved, and interdepartmental communication among staff is inefficient. As a result of the identification of these problems, teams of City staff from all of the development departments were convened in October 1995 in a continuous improvement process. The City Manager set the goals of reducing the development review time by one-third while simultaneously improving customer service. Staff from OCI, MAPD, Fire, Engineering, Law, and Health were charged with designing strategies to accomplish these two goals. Staff developed 15 aggressive action plans to accomplish these goals. One of the major actions plans and a component of several others was the implementation of new management information technology which would network development departments in a seamless information exchange and tracking process. All of the action plans were presented to the City Manager and received his approval. Copies of the action plans were provided to the Mayor, City Council and customers involved in development activities. The City Manager stipulated that the technology improvements correlate with the recommendations of the MIS plan and that the technology system be accessible by local customers. The MIS plan recommends that OCI's DEC mainframe system receive high priority for replacement to a client-server, pc-based system beginning in June 1996 for completion in 1997. After meeting with Data Center, development departments and divisions, and the City Manager on April 5, 1996, it was agreed that OCI should immediately proceed with the acquisition of new client-server technology and integrated development tracking, building, code enforcement, inspection, zoning and housing software. Sedgwick County has also been invited to participate in this process with City staff and agrees that collaboration and cooperation would be mutually beneficial if coordination is possible. After specifying the requirements of a technology system to meet the identified needs, it has been determined that the most proactive approach would be to consider commercially prepared pc-based technology rather than a custom system. This perspective was provided by local PC experts, local customers, and other city and county jurisdictions that have replaced and/or enhanced their development technology. From November 1995 through June 1996, a Technology Team of eight City staff, with the help of local customers, has researched 30 commercial software packages. After thorough research, review of demonstration disks, hard copy materials, interviews with vendors' customers, objective product evaluations and rankings, and site visits to key jurisdictions using these products, one company emerges with a product that best meets the criteria that has been identified: Tidemark Computer Systems, Seattle, Washington. The President of Tidemark visited Wichita on May 15 to provide a product demonstration and to meet with development department directors and staff. City, County, and Wichita Area Builders Association representatives attended. The President returned on June 25 at the request of City staff for a special presentation to local development customers including architects, engineers, contractors, and commercial realtors. Customer reactions and comments are highly supportive of the adoption of Tidemark's software. Customers have said that the increased consistency, reduction in review times, and internal coordination and tracking of plans among departments will provide them with better service and the ability to improve their work efficiencies. Cost of the system (including development tracking software, hardware and network software costs, and peripheral software) is $352,184. A portion of the funding will be provided from Data Center reserves ($75,000), with the balance from the Central Inspection Fund through an immediate payment of $69,296, with the remaining costs ($207,888) financed over three years at 4% interest ($74,912 installments in 1997, 1998, and 1999). Annual ongoing maintenance and programming upgrade costs are estimated at $35,800. A budget adjustment of $69,296 from cash reserves in the Central Inspection Fund is required in order to effect the Office of Central Inspection's initial payment. Increases in plumbing and mechanical permit fees, specific license fees, and specific certification fees will be required later this year (October 1) to pay for the computer system and keep cash reserves in the Central Inspection Fund at a three-month level. Mayor Knight momentarily absent with Council Member Cole in the Chair. Kurt Schroeder Superintendent of Central Inspection reviewed the customer and staff benefits of the system. Benefits for customers include: 1) A more rapid and accurate information exchange between various development departments and all customers. 2) Provision of consistent information to customers by all development departments on project status, next steps in any process, and development requirements. 3) Ability for customers to receive clearly defined time frames for review and approvals up front; and for the City and customers to readily track the time commitments and hold departments accountable for projected time frames. 4) Ability to readily expand the client- server technology and development tracking software to include the GIS and mapping technology as it becomes available city-wide, include data imaging and scanning, include telephone voice-response type technology, connect with hand-held filled data entry, and to eventually include customers on-line with the City's system for information retrieval by the customer and the eventual electronics submission of forms, data, and plans. 5) Overall reduction of development review time while, at the same time, improving over-all customer service. Additionally, staff will benefit through easy to learn and use software in a PC Windows environment. Any needed changes including new permits, revised tracking procedures, or revised work-flow requirements will be easily programmed. There will be greatly expanded flexibility to design the system to organizational, departmental, and customer needs as changes occur. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Wes Galyon Wes Galyon, Wichita Area Business Association, agreed with the analysis of the improvements needed and spoke in support of the System. Jerry Michaelis Jerry Michaelis, Chairman of the Wichita Industry Board, said the goal of the Board was to have more inter-activity between OCI Staff and the Building Industry which, through this system, should be developed. Motion -- Knight moved that purchase of the system and the budget adjustment be approved; -- carried and the bonding Ordinance be placed on first reading. Motion carried 5 to 0. (Cather, Ferris; absent) ORDINANCE An Ordinance determining the necessity for acquiring certain computer equipment in order to implement a client server network for City Departments engaged in the development process; and providing that all or a portion of the costs of said acquisition be paid through the issuance of general obligation bonds of the City pursuant to the authority vested in the City under Article 12, Section 5, of the Constitution of the State of Kansas, introduced and under the rules laid over. DOUGLAS PARKING TEMPORARY PARKING ON DOUGLAS AVENUE. Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-562. With the construction of the new hotel/conference center in the Century II area, the need for additional parking for special events, such as Music Theatre and other activities, has become evident. While construction work has eliminated some of the previous on-site parking, Staff has been working with area businesses to use their parking for evening and weekend events. Utilizing Douglas Avenue for temporary parking (similar to the Old Town parking arrangement), would offer some relief to persons patronizing Century II for special performances and activities and alleviate the inconvenience of walking to/from distant parking facilities. The proposal would allow parking on Douglas Avenue from Waco Street to Century II Drive/Water Street for major performances on weekends (Friday and Saturday evenings from 6 p.m. to the end of the performances). Traffic during this period would be reduced to local traffic by use of diverters/barricades. Parking would be permitted on Douglas Avenue under the direction of security provided by sponsors of the events and as approved by the Police Department after consultation with Traffic Engineering. This use of Douglas Avenue for temporary parking would continue until the parking garage is completed and ready for use. If the City Council approves this temporary parking use, no action would be taken until the adjacent business owners have been contacted and consent to the closure and parking use. In addition, the requesting organization would have to illustrate the need for this temporary parking (on Douglas) based on ticketed performances. The use of Douglas Avenue for parking would not be permitted unless the attendance illustrates the need for this additional and close-by parking. Organizations requesting the temporary parking use on Douglas Avenue would be required to provide private security guards (on site) to erect and take down the diverters/barricades and to monitor the area so that local and emergency traffic is not impeded. Such security would also be responsible for overseeing pedestrians from parked vehicles to the sidewalk areas and to assist in the orderly parking and departure of vehicles from the designated locations. This proposed temporary use of parking on Douglas Street is intended solely to provide added and convenient parking as well as close-by parking for the elderly and handicapped. No cost is anticipated with this action. The City would provide the barricades; special event sponsors would be expected to pay for the security and traffic control that might be needed for the interim and temporary parking usage. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the temporary use of Douglas Avenue for parking be approved, subject to the consent of the adjacent property owners and all costs being borne -- carried by the sponsoring organization(s) of the special events. Motion carried 5 to 0. (Cather, Ferris; absent) LAWN SPRINKLING SYST. AMENDMENTS TO LAWN SPRINKLING SYSTEMS ORDINANCE; AND, AMENDMENTS TO ORDINANCE AND BACK-SIPHONAGE AND REGULATING BACKFLOW AND BACK-SIPHONAGE PREVENTION AND CROSS-CONNECTION CONTROL CROSS-CONNECTION (TITLE 21.12). Chris Cherches City Manager reviewed the Items. Mayor Knight momentarily absent with Council Member Cole in the Chair. Agenda Report No. 96-563. The Office of Central Inspection has been working closely with the Kansas Irrigation Association and other interested parties to make the appropriate revisions to reflect current materials and methods of installation. Some definitions have been changed to reflect Administrative responsibilities of enforcement and to include new installers categories "Journeyman Lawn Sprinkler Installer", "Master Lawn Sprinkler Installer", "Apprentice" and "Certified installer/tester". The Wichita Board of Appeals of Plumbers and Gas Fitters have reviewed the proposed changes and supports its adoption as does the Kansas Irrigation Association. A public hearing was held May 15, 1996, for open discussion and comments. Sections amended, 17.08.010 - Definitions; 17.08.015 - Bonds, Liability, Certificates, Examinations, Cancellations, Licenses and Permits; 17.08.020 - Permits; 17.08.030 - Inspections; 17.08.040 - Location, Maintenance and installation of lines and heads; 17.08.050 - Backflow Prevention. There are no cost increases to this proposed ordinance change. Agenda Report No. 96-564. The Office of Central Inspection has been working closely with the Wichita Water and Sewer Department to make the appropriate revisions to the Code to prevent contamination or pollution to the City of Wichita's potable water supply system. Some definitions have been changed to reflect Administrative responsibilities of enforcement and to include a new installers category "Certified installer/tester". The Wichita Board of Appeals of Plumbers and Gas Fitters have reviewed the proposed changes and supports its adoption as does the Wichita Water and Sewer Department. A public hearing was held May 15, 1996, for discussion and comments. Sections amended, 21.12.010 - Definitions; 21.12.020 - General requirements; 21.12.050 - Approval of devices; 21.12.60 - Installation of devices; 21.12.070 - Protective devices required; 21.12.080 - Barometric loop; 21.12.090 - Double check valves; 21.12.120 - Testing of backflow devices; 21.12.130 Testing devices, approval; 21.12.140 - Cessation of water delivery to avoid contamination; 21.12.150 - Hazard to potable water supply; 21.12.160 - Automatic fire suppression systems; 21.12.170 - Existing fire suppression systems; 21.12.180 - Construction water services. There are no cost increases to this proposed ordinance change. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Joe Botinelly Water Distribution Superintendent, responding to questions, explained that parts can wear out and if sprinkler systems are not inspected on an annual basis, malfunctions cannot be detected. Annual inspections are recommended by manufacturers. Motion -- Knight moved that the Ordinances be placed on first reading. Motion carried -- carried 5 to 0. (Cather, Ferris; absent) ORDINANCE An Ordinance amending Sections 17.08.010, 17.08.015, 17.08.020, 17.08.030, and 17.08.040 of the Code of the City of Wichita, Kansas, pertaining to lawn sprinklers and repealing the originals of said sections and creating Section 17.08.050 of the Code of the City of Wichita, introduced and under the rules laid over. ORDINANCE An Ordinance amending Sections 21.12.010, 21.12.020, 21.12.050, 21.12.060, 21.12.070, 21.12.080, 21.12.090, 21.12.120, 21.12.130, 21.12.140, 21.12.150, 21.12.160, 21.12.170, and 21.12.180 of the Code of the City of Wichita, Kansas, and repealing the original thereof all pertaining to backflow and back-siphonage prevention and cross- connection control, introduced and under the rules laid over. ADDENDUM ITEM 7a BLOCK GRANT PROGRAM LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM. Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-579. The City has been notified that it will be eligible to receive a $573,192 in funding from the Bureau of Justice Assistance Local Law Enforcement Block Grant Program. This program requires 10% ($63, 688) in local matching funds for a total of $636,880. Grant funds are intended to help localities support projects that reduce crime and improve public safety. The deadline for submitting the grant application to the Bureau of Justice Administration is August 9, 1996, with funding awards anticipated in September, 1996. In 1995, the City Council approved the Public Safety Initiative, a comprehensive plan of action to: 1) make Wichita safer through a reduction in crime; 2) provide high- quality police-community services; 3) ensure timely, effective follow-up investigations; and 4) institute accountability at all levels within the department. Along with the Public Safety actions directed to the Police Department, the City Council approved recommendations from its Municipal Court Task Force to improve court operations. The funding from this grant will be utilized to coordinate and link planned improvements in both departments as well as the Prosecutor's Office. The application proposes to expend $436,880 for equipment purchases. These equipment purchases include an optical imaging system which will be utilized by the Police Department, Municipal Court and the Prosecutor's Office. Other equipment needs include Police radios and field safety equipment. The remaining $200,000 will be budgeted for Police Department overtime to assist with the execution of warrants generated by the Municipal Court and special policing programs. The total grant request is $636,880, with $573,192 funded by the Local Law Enforcement Grant and local funds contributing the 10% matching funds ($63,688). The local funding source is the Narcotics Seizure Fund. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Kamen moved that the grant application be approved and the Mayor be authorized to -- carried sign. Motion carried 5 to 0. (Cather, Ferris; absent) CITY COUNCIL AGENDA APPOINTMENTS APPOINTMENT TO CIVIL RIGHTS AND SERVICES BOARD. One appointment (Cole) for a term to expire June 30, 1997. Motion -- carried Cole moved that this Item be deferred two weeks. Motion carried 5 to 0. (Cather, Ferris; absent) APPOINTMENT TO WICHITA COMMISSION ON THE STATUS OF WOMEN. One appointment (Rogers), for a term expiring June 30, 1997. Motion -- carried Rogers moved that this Item be deferred two weeks. Motion carried 5 to 0. (Cather, Ferris; absent) APPOINTMENT TO PUBLIC ART ADVISORY BOARD. One appointment (Art professional - Council at-large), for a term expiring June 30, 1997. Motion -- Cole appointed Howard Ellington and moved that the appointment be approved. -- carried Motion carried 5 to 0. (Cather, Ferris; absent) APPOINTMENT TO METROPOLITAN AREA PLANNING COMMISSION. One appointment (Rogers), for a term expiring June 30, 1997. Motion -- Rogers appointed Darnell Owens and moved that the appointment be approved. -- carried Motion carried 5 to 0. (Cather, Ferris; absent) PROCLAMATIONS PROCLAMATIONS. -- National Night Out Motion -- carried Knight moved that the proclamations be authorized. Motion carried 5 to 0. (Cather, Ferris; absent) ADDENDUM 12a TRAVEL APPROVAL APPROVAL OF MAYOR KNIGHT'S TRAVEL TO WASHINGTON, D.C. ON JULY 15-16, 1996, FOR NLC COMMITTEE MEETING. Motion -- carried Cole moved that the travel expenses be authorized. Motion carried 5 to 0. (Cather, Ferris; absent) CONSENT AGENDA Knight moved that the Consent Agenda be approved in accordance with the recommended action shown thereon. Motion carried 5 to 0. (Cather, Ferris; absent) BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED JULY 8, 1996. At 10:00 a.m., Friday, July 5, 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 July 8, 1996) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Water Distribution System to serve (Woodland Lakes Estates Addition (south of Kellogg, west of 127th Street East). (448-89020/733261/470404) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 03-05-96) (District n/a) Mies Construction - $176,925.00 Water Distribution System to serve Lark 3rd Addition (south of Kellogg, east of 119th Street West). (448- 89051/733220/470400) Does not affect existing traffic. (Council approval date 05-21-96) (District 5) Mies Construction - $35,629.00 Roofing and Masonry Restoration for the Kansas Aviation Museum located at 3350 George Washington Boulevard (south of 31st Street and east of Oliver). (791525/435181) Does not affect existing traffic. (Council approval date 05-07-96) (District 3 Restoration and Waterproofing - $129,653.00 Lakeway Circle from the north line of 21st Street North to and including the cul-de-sac Horsehoe Lake & Cox Machine Addition (north of 21st, east of Ridge). (472- 82712/763607/490463) Does not affect existing traffic. (Council approval date 04-23-96) (District 5) and Water Distribution System to serve Horsehoe Lake & Cox Machine Addition (north of 21st, east of Ridge). (448-89032/733162/470394) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 04-23-96) (District 5) Asphalt Construction - $161,671.10 (Aggregate Bid) 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 5 to 0. (Cather, Ferris; absent) WATER AND SEWER DEPARTMENT/SEWAGE TREATMENT DIV. : 54,000 GVWR TRACTOR TRUCK 632166-4502 AS PER SPECIFICATIONS Kansas Truck Center - $56,776.00 Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid. Motion carried 5 to 0. (Cather, Ferris; absent) LICENSE APPLICATIONS APPLICATIONS FOR LICENSES. Adult Entertainment. David A. Cherry Kansas Video Corp. dba2726 N. Amidon Video Adventures Retail Cereal Malt Beverages. Renewal 1996 (Consumption on Premises) Jimmy D. Edgington Ty's Diner* 928 W. 2nd Hanh Van Bui Saigon Oriental Restaurant*1103 N. Broadway Marla M. Hayden Buck's Barbeque*8710 W. Central (Consumption off Premises) Roy E. Brockmeier Quik Trip #353 110 S. Rock Rd. Larry L. Rhodes Rhodes Amoco, Inc.895 S. Woodlawn Phillips Petroleum Co. Tyler 66 #277471254 S. Tyler Phillips Petroleum Co. 21/Ridge 66 #277547236 W. 21st Street Phillips Petroleum Co. Expressway 66 #27904 3311 N. Rock Rd. *General Retailer--beer sales derive less than 50% of gross revenues. Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 5 to 0. (Cather, Ferris; absent) PLANS AND SPECS. PLANS AND SPECIFICATIONS. a. Street lighting conduit to light 21st Street North from Ridge to Valleyview. (472-82479/131359/110000) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 08-15-95) (District V) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., July 19, 1996. Motion carried 5 to 0. (Cather, Ferris; absent) SUBDIVISION PLANS AND SPECIFICATIONS. There were no subdivision plans and specifications submitted. PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. Phase I - 21st Street median improvement as part of Ridge Road improvements from 21st Street North to 29th Street North, Lake Ridge Commercial Second Addition - $40,000.00. Traffic to be maintained through construction. (Council approval date 06-18-96) (District V) (472- 82735/706382/405-192) b. Roofing and Masonry Restoration for the Kansas Aviation Museum located at 3350 George Washington Boulevard (south of 31st Street and east of Oliver) - $200,000.00. Does not affect existing traffic. (Council approval date 05-07-96) (District III) (791525/435-181) c. Water Distribution System to serve Florence Addition (50th Street South, east of Broadway) - $42,585.00. Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 01-22-85) (District IV) (448-88008/732891/470-367) d. Lateral 68, Main 22, War Industries Sewer to serve Bradley Fair Second Addition (south of 21st, east of Webb) - $30,900.00. Does not affect existing traffic. (Council approval date 05-21-96) (District II) (468-82600/742759/480-367) e. Lateral 75, Main 1, Sanitary Sewer #12 (Oliver & 9th St. North) $181,220.00 Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 07/18/95) (District I) (468-82482/621110/533-215) f. Sanitary Sewer from 18th St. North to 100 ft. north of 19th St. North to serve Viola Addition alley between Mead & Mosley - $70,000.00. Closed to traffic. (Council approval date 07/18/95) (District VI) (468-82572/621250/533-236) g. Sanitary sewer reconstruction in 27th Street North from Volutsia to Hillside (south of 29th Street North, west of Hillside) - $30,000.00. Does not affect existing traffic. (Council approval date 07-18-95) (District I) (468- 82608/621342/533-245) Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 5 to 0. (Cather, Ferris; absent) PETITION PETITION FOR A STORM WATER SEWER TO SERVE FOX POINTE SECOND ADDITION. Agenda Report. On March 26, 1996, the City Council approved a petition for a storm water sewer to serve Fox Pointe Second Addition. Based on recent bid prices, it is doubtful that the original petition amount is high enough to award a construction contract. A new petition with an increased budget has been submitted. The signatures on the new petition represent 100% of the improvement district. The original petition totaled $16,000. The new petition totals $24,000. The funding source is Special Assessments. Motion -- Knight moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 5 to 0. (Cather, Ferris; absent) RESOLUTION NO. R-96- 282 Resolution of findings of advisability and Resolution authorizing construction of Storm Water No. 474 (west of Webb, south of 29th) Project No. 468-82579 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Ferris; absent) Yeas: Cole, Gale, Kamen, Rogers, Knight. BOARDS MINUTES MINUTES OF ADVISORY BOARDS. CPO Northeast Council 1, 6/24/96 CPO Southeast Council 3, 6/27/96 CPO Southwest Council 4, 6/27/96 CPO Southwest Council 4, 7/11/96 CPO Northwest Council 5, 6/26/96 CPO North Central Council 6, 6/26/96 Wichita/Sedgwick County Solid Waste Management Committee, 6/3/96 Wichita/Sedgwick County Solid Waste Management Committee, 7/1/96 Wichita Metropolitan Transit Authority Board of Directors, 5/23/96 Public Art Advisory Board, 6/13/96 Wichita Employees' Retirement System, 6/19/96 Police and Fire Retirement System, 6/26/96 Historic Preservation Board, 6/10/96 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 5 to 0. (Cather, Ferris; absent) STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. Agenda Report No. 96-566. The following Special Event requests have been submitted: 1) Automobilia's Moonlight Car Show & Street Party. Date of Event: Saturday, July 13, 1996 (6 p.m. - 11 p.m.) Location: Old Town Street Closures: First Street, St. Francis to Topeka Inasmuch as possible, event sponsors are responsible for all costs associated with special events. Motion -- Knight moved that the request be approved subject to: (1) Event Sponsor notifying every property and/or business adjoining any portion of the closed street; (2) coordination of event arrangements with City Staff; (3) hiring off-duty public safety officers as required by the Police Department; (4) obtaining barricades to close the streets in accordance with requirements of Police, Fire and Public Works Departments; (5) submitting a certificate of insurance evidencing general liability insurance which covers the event and its related activities, including the naming of the City as an additional insured with respect to the event's use of the closed City streets. Motion carried -- carried 5 to 0. (Cather, Ferris; absent) Agenda Report No. 96-548. Cornejo and Sons, Inc. is requesting the complete closure of McLean Boulevard between Meridian and Seneca from 6:00 a.m. to 9:00 p.m., Saturday, July 13. This closure will allow the installation of a 60" storm drainage system crossing of McLean at Millwood. This closure is allowed by the project specifications. Because of the extremely sandy soil in the project area, the vibrations caused by traffic movements next to the excavations may cause a soil failure or slide. The contractor is responsible for construction barricades and detour signing during the closure. During the closure, traffic will be detoured using Meridian, Second and Seneca Streets. Motion -- carried Knight moved that the street closure be approved. Motion carried 5 to 0. (Cather, Ferris; absent) DESIGN SERVICES AGREEMENT FOR DESIGN SERVICES FOR BRADLEY FAIR SECOND ADDITION. (District II) Agenda Report No. 96-567. The City Council approved the Bradley Fair 2nd Addition development on May 21, 1996. The Agreement between the City and Professional Engineering Consultants, P.A. (PEC) provides for the design of Lateral 68, Main 22, War Industries Sewer; Water Distribution System No. 448-89035; left-turn lane on 21st Street North; traffic signalization at the intersection of Rockhill/Bradley Air Parkway and Rock Road; right- and left-turn lanes and median on Rock Road; and Bradley Fair Parkway and sidewalk (south of 21st, east of Webb). Because PEC provided subdivision engineering services for this addition, it can expedite construction plan preparation. Payment will be on a lump sum basis not to exceed $79,600 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 5 to 0. (Cather, Ferris; absent) CDBG CONTRACTS CDBG CONTRACTS - YWCA WOMEN'S CRISIS CENTER; WICHITA INDOCHINESE CENTER - SUMMER YOUTH EMPLOYMENT. Agenda Report No. 96-568. On March 19, 1996, the City Council allocated Community Development Block Grant (CDBG) funds for the 1996/1997 program year. Included were allocations pursuant to solicitation of proposals for women's shelter services and a summer youth employment program. The YWCA was one agency selected to provide shelter, counseling and support services for 500 female victims of domestic violence and children. The Wichita Indochinese Center, Inc. (WIC), was selected to provide part-time summer employment with eleven non-profit agencies for 100 youth, ages 14-18. The contract amount for YWCA Women's Crisis Center is $170,000; the contract amount for WIC Summer Youth Employment Program is $175,000. Motion -- Knight moved that the Contracts be approved and the Mayor be authorized to -- carried execute. Motion carried 5 to 0. (Cather, Ferris; absent) CHANGE ORDER CONSTRUCTION CHANGE ORDER - REHABILITATION OF WILDWOOD AND DALLAS, MERIDIAN TO EVERETT. (District IV) Agenda Report No. 96-569. On January 23, 1996, the City Council approved the 1996 Contract Maintenance Program which provides for various types of contracted maintenance of City streets. On May 14, 1996, the City Council awarded a contract in the amount of $170,500 to Cornejo & Sons, Inc. for rehabilitation of various asphalt streets. The work consists of full-depth removal and replacement of existing asphalt surfaced streets. Two of the streets included in this project are Wildwood and Dallas between Meridian and Everett. When the contractor excavated the existing pavement on these two streets, the subsurface was found to be very wet and unable to support the replacement pavement. In addition, some curb and gutter that was initially thought to be salvageable will now have to be replaced. The change order provides for approximately an additional 810 lineal feet of curb and gutter repair, and 5,550 square yards of fabric base reinforcement to provide needed support for the street pavement. A Change Order in the amount of $24,861 provides for the additional rehabilitation work. The funding source is contingency funding included in the 1996 Contract Maintenance Program budget. Motion -- Knight moved that the Change Order be approved and the Mayor be authorized to -- carried execute. Motion carried 5 to 0. (Cather, Ferris; absent) SS RECONSTRUCTION RECONSTRUCTION OF SANITARY SEWER AT HILLSIDE AND 31ST STREET SOUTH. Agenda Report No. 96-570. Approve "Public Exigency" expenditure from CIP S-331, Planeview Sewer Reconstruction, as allowed under City Ordinance 2.64.020. The Kansas Department of Transportation construction project for widening 31st St. South, east of Hillside began in late April. The construction plans include a retaining wall on the north side of 31st St. adjacent to Planeview Subdivision. On May 17th, the Department of Public Works notified the Water & Sewer Department that portions of an existing sanitary sewer would end up under portions of the proposed new retaining wall and sidewalk. The Water & Sewer Department contacted George Butler Associates (GBA), the consultant engineer contracted for establishing the master sewer plan for Planeview. They believed that it would be prudent to reconstruct portions of the sanitary sewer north of 31st St. South and east of Hillside because of the marginal flow rates and the poor condition of the pipe and manholes. The Water & Sewer Department concurred and recommended that the sewer be reconstructed immediately so that the KDOT project would not be delayed. The Water & Sewer Department contacted the Law Department to see if the reconstruction of the sanitary sewer could be expedited without a formal bid letting. They suggested that City Ordinance 2.64.020 called "Public Exigency" could be utilized which allows the City Manager to authorize work to be done without formal bidding. Public Works and Water & Sewer engineers met with several contractors on site to allow them to estimate the cost of the project and submit informal bids to the Water & Sewer Department. The only contractor who could free up construction crews to begin work was Nowak Construction Co., Inc. Their bid for the estimated amount of work was $92,000. CIP Project S-331, Planeview Sewer Reconstruction, was approved by the City Council on July 18, 1995. The Water & Sewer Department recommended the City Manager to utilize funds from this project budget to pay for the immediate sewer reconstruction in Planeview and that construction takes place concurrent with the widening of the 31st St. project. The City Manager concurred with the Water & Sewer Department and Nowak Construction began ordering material for the reconstruction. On June 12th, Nowak Construction mobilized equipment to 31st St. South and Hillside and began work. Portions of the existing sanitary sewer near 31st St. South and Hillside needed reconstructed to avoid damage to the new retaining walls and sidewalk being constructed with the KDOT project. The reconstruction needed immediate action to proceed now, rather than disrupting the area again in the near future or cause delays to the KDOT street widening project. CIP S-331, Planeview Sewer Reconstruction, was approved by the City Council on July 18, 1995. The approved budget for 1996 was $500,000. City Ordinance 2.64.020, "Public Exigency", allows the City Manager to authorize work to be done without formal bidding. Nowak Construction Co., Inc. would receive funds from CIP S-331 for reconstruction work. Motion -- Knight moved that the "Public Exigency" expenditure from CIP S- 331, Planeview Sewer Reconstruction, as allowed under City Ordinance 2.64.020, be approved. -- carried Motion carried 5 to 0. (Cather, Ferris; absent) PROPERTY DISPOSITION SALE OF HOUSES ACQUIRED FOR THE EAST KELLOGG/OLIVER IMPROVEMENT PROJECT. Agenda Report No. 96-571. The East Kellogg/Oliver Improvement Project received final approval and findings of no significant impact on all historic and environmental issues from the Federal Government in September 1995, and the City was given permission to begin active acquisition in the corridor. The targeted acquisitions include a variety of single and multi-family residential units. Twelve such properties were identified and offered for sale by sealed bid to the public. The successful bidders will have sixty days to move the houses, will be responsible for demolishing the foundations and clearing the site. The properties were advertised by mailings, television, yard signs, and open houses. Bids were opened on Friday, June 28. Bids were received on five of the properties. The bid prices ranged from $880.99 to $9,680.88. In addition to the purchase price, the successful bidder will be required to provide a $5,000 deposit to be used to defray demolition costs if the property is not cleared in a timely manner. The total amount bid on the houses was $32,506.95. This amount, net of sales expenses, will be returned to the CIP. Motion -- Knight moved that the bids be approved and the Mayor be authorized to sign any -- carried necessary documents. Motion carried 5 to 0. (Cather, Ferris; absent) LIMOUSINE CERTIFICATE CERTIFICATE OF CONVENIENCE AND NECESSITY - AMBASSADOR LIMOUSINE. Agenda Report No. 96-572. An application for local Charter Limousine service has been received from Craig McIntosh, representing Ambassador Limousine, 210 Cain, Haysville, Kansas. The service has a 1988 Cadillac Brougham. Motion -- Knight moved that the Certificate of Convenience and Necessity be approved. -- carried Motion carried 5 to 0. (Cather, Ferris; absent) AGREEMENTS SUPPLEMENTAL AGREEMENT - FOULSTON & SIEFKIN (CENTURY II ASBESTOS LITIGATION). Agenda Report No. 96-573. In a Federal Court case entitled City of Wichita, Kansas v. United States Gypsum Company, et al. (89- 1331-C), the City seeks to recover approximately $14 million from U.S. Mineral Products and Asbestospray for property damage resulting from the presence of asbestos-containing materials in Century II (the City earlier settled with U.S. Gypsum Company). After trial in 1993, the City appealed the case to the 10th Circuit Court of Appeal. In a decision rendered January 5, 1996, the City was granted a new trial. Authority is needed to continue the services of legal counsel used in the previous trial and appeal. This proposed Supplement Agreement is an amendment to the professional services contract dated June 26, 1990, with the law firm of Foulston & Siefkin as outside legal counsel to handle the litigation. This contract was subsequently periodically amended to cover litigation expenses of the trial and appeal. The Supplemental Agreement to the Foulston & Siefkin contract provides authority for not-to-exceed $225,000 to cover the anticipated litigation expenses for the retrial of this case. This sum includes all attorney compensation (a formula of reduced hourly fees and reduced contingency fee), litigation expenses, fees for trial experts and consultants, and related costs. The provisions of the original Agreement as amended, including the fee calculations, remain to same. The Supplemental Agreement is for an additional not-to-exceed sum of $225,000. These services will be paid out of reserves from the previous settlement ($145,302) and the balance out of General Liability Fund. Motion -- Knight moved that the Supp. Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 5 to 0. (Cather, Ferris; absent) SUPPLEMENTAL AGREEMENT - DUNCAN & ALLEN. Agenda Report No. 96-574. On April 2, 1996, the City approved an agreement to begin the use of the professional services of the Duncan & Allen law firm to provide legal advice on electrical rate matters and assistance in electrical rate proceedings to the extent requested by the City. Within the scope of the agreement, the attorneys were allowed to retain consultants and experts if needed. This Supplemental Agreement is intended to cover the services, including witnesses and expenses, necessary to continue with the electrical rate proceedings. The Supplemental Agreement is for a not-to- exceed sum of $255,000 which includes the $50,000 previously authorized. These services will be paid out of the General Liability Fund. Motion -- Knight moved that the Supp. Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 5 to 0. (Cather, Ferris; absent) NIC RESOLUTION RESOLUTION SETTING PUBLIC HEARING FOR NORTH INDUSTRIAL CORRIDOR (NIC) REDEVELOPMENT PLAN. Agenda Report No. 96-575. On March 5, 1996, the City Council held a public hearing and adopted an ordinance which established the North Industrial Corridor ("NIC") Redevelopment District for the purpose of generating tax increment financing for the remediation of groundwater contamination located within the District. The steps taken by the City Council established 1996 as the base year for the purpose of calculating the maximum amount of tax increment revenues that can be captured from property taxes generated within the District. By law, when established for the purpose of environmental cleanup, the tax increment is limited to 20% of real property taxes generated in the year the district is established. The next step to be taken in the TIF process is the adoption of a redevelopment plan which includes a feasibility study and a description of the redevelopment projects being funded with TIF proceeds. With the adoption of the redevelopment plan, the County Treasurer will be authorized and directed to begin "capturing" the tax increment and distributing the money to the City to pay NIC cleanup costs. K.S.A. 12-1770 et seq. sets forth the procedures and requirements for the establishment of a TIF district and the capture of TIF dollars. In order for the County Treasurer to be authorized to set aside the tax increment generated in the district, the City must adopt a redevelopment plan that describes the district and the environmental cleanup projects being financed with the TIF, and also establishes the financial feasibility of the TIF to finance the project. Adoption of the redevelopment plan must coincide with the adoption of a budget, pursuant to the State Budget Law, which provides for the expenditure of public funds, including TIF funds, on the NIC cleanup project. In order to adopt a redevelopment plan for the NIC Redevelopment District, the City must hold a public hearing and receive public comment on the proposed redevelopment plan. The statute provides that the Council set the time and place for the public hearing in the form of a resolution, not less than 30 days nor more than 70 days prior to the date set for the public hearing. A copy of the resolution must be sent by registered mail to all owners and occupants of property located in the District, and delivered to the Board of County Commissioners and the Board of Education. There is no provision for the County Commission or School Board to veto the adoption of the redevelopment plan. The statute also directs the City to prepare the redevelopment plan "in consultation with the planning commission of the city." On July 25, 1996, the Metropolitan Area Planning Commission will meet to consider the NIC Redevelopment Plan and will be asked to find that the Plan is consistent with the general comprehensive plan for development of the City. The costs associated with the adoption of the redevelopment plan will be ultimately paid from the tax increment funding made available by this process. The costs include primarily the costs of printing and mailing the resolution to property owners and occupants and of producing the plan itself for distribution to interested parties. The next step is a public hearing on the City's intent to adopt the redevelopment plan, followed at the same meeting by the adoption of an ordinance adopting the redevelopment plan. In order to begin collecting the tax increment along with 1997 property tax distributions from the County, the ordinance must be adopted no later than August 25, 1996. Motion -- Knight moved that the Resolution setting August 13, 1996, 10:30 a.m., as the time to hold a public hearing on the adoption of a redevelopment plan for the North -- carried Industrial Corridor Redevelopment District be adopted. Motion carried 5 to 0. (Cather, Ferris; absent) RESOLUTION NO. R-96- 283 A Resolution Stating the City is considering the adoption of a redevelopment plan for the North Industrial Corridor Redevelopment District under the authority of K.S.A. 12-1770 et seq, presented. Knight moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Ferris; absent) Yeas: Cole, Gale, Kamen, Rogers, Knight. AMENDING RESOLUTION AMENDING RESOLUTION - SOUTH LAKES PARK IMPROVEMENTS. (District IV) Agenda Report No. 96-415 A. On May 21, 1996, the City Council approved the South Lakes Park improvements, and Resolution No. R-96-194 authorizing the issuance of general obligation bonds was adopted. The amending Resolution deletes Section 3 of Resolution No. R-96-194 in order to clarify the City's intentions regarding the statutory authority. There are no financial considerations. Motion -- carried Knight moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Ferris; absent) RESOLUTION NO. R-96- 284 A Resolution amending Resolution No. R-96-194 by deleting Section 3 of said Resolution, presented. Knight moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Ferris; absent) Yeas: Cole, Gale, Kamen, Rogers, Knight. ORDINANCES SECOND READING ORDINANCES. (First Reading 7/2/96) ORDINANCE NO. 43-163 Disaster Assistance An Ordinance establishing a policy of the City of Wichita to provide assistance to other jurisdictions both within and without the State during disasters, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Cather, Ferris; absent) Yeas: Cole, Gale, Kamen, Rogers, Knight. ORDINANCE NO. 43-164 Greenwich Road An Ordinance declaring Greenwich Road, from Kellogg to Central Avenue (472-82738), to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Cather, Ferris; absent) Yeas: Cole, Gale, Kamen, Rogers, Knight. ORDINANCE NO. 43-165 Z-3203 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, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Cather, Ferris; absent) Yeas: Cole, Gale, Kamen, Rogers, Knight. Z-3203 PLANNING AGENDA V-1972 V-1972 - REQUEST TO VACATE A UTILITY EASEMENT LOCATED IN AN AREA SOUTH OF CENTRAL AND EAST OF 135TH STREET WEST. (District V) Agenda Report No. 96-576. Staff Recommendation: Approve vacation of utility easement. MAPC Recommendation: Approve vacation of utility easement. (unanimous) The applicant desires to develop two platted lots as a single building site. In order to use the platted lots for this purpose; an existing utility easement between the lots must be vacated and the existing utilities in the easement must be relocated. The applicant has made arrangements with all the utility companies that have services in the easement to have those services moved from the easement. City Engineering and the utility representatives of the Subdivision Committee have indicated that once the utilities are relocated out of the easement being requested for vacation no harm should result due to this vacation. Dale Miller Planning Department 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 -- Kamen moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order be recorded with the Register of Deeds. Motion carried -- carried 5 to 0. (Cather, Ferris; absent) URBAN RENEWAL PLAN AMENDMENT TO GENERAL URBAN RENEWAL PLAN LAND USE MAP. Dale Miller Planning Department reviewed the Item. Agenda Report No. 96-577. Originally adopted on November 27, 1972, the "General Urban Renewal Plan for Wichita Neighborhood Development Program, Urban Renewal Area" has served as the basis for a number of redevelopment projects in the downtown and surrounding area. The plan contains a "General Land Use Plan" map; a description of predominate land use categories; planning criteria or standards; and a description of techniques to be used to achieve plan objectives. In general, plan objectives are ''the creation of a physical character and environment meeting desirable planning standards, the provision of needed public services and amenities, and the improvement of social and economic conditions." The entire geographic area covered by the urban renewal plan is indicated on the original "General Land Use Plan" map. As downtown redevelopment efforts progress, it is apparent that amendments to the original urban renewal plan are necessary from time to time if redevelopment is to become successful. Per K.S.A. 17-4747, any amendment to the General Urban Renewal Plan must be submitted to the appropriate planning commission for review and recommendation as to the amendment's conformity with the general plan for the development of the community as a whole. In May of this year, the Comprehensive Plan was amended to reflect the Science Center and Amphitheater and the McLean Boulevard realignment. An amendment to the Urban Renewal Plan "General Land Use Map" is now being proposed for the land on which the Science Center and Amphitheater will be constructed. The area is currently designated as "Light Industrial" on this map. This designation is not reflective of the intended uses. Therefore, the amendments propose that the area of the Science Center, north of Second Street and between realigned McLean Boulevard and the Arkansas River, and the area of the Amphitheater, south of Second Street and between realigned McLean Boulevard and the Arkansas River be redesignated to the proposed "Public Buildings" category for the Science Center and to the proposed "Parks and Open Space" category for the Amphitheater. The amendment also proposes that the "Inner Loop Expressway" in this area be removed from the current General Land Use Plan map. The Metropolitan Area Planning Commission agreed (unanimously) that these amendments are in compliance with the comprehensive plan, as outlined in the MAPC minutes for June 27, 1996. Approval of these proposed amendments does not commit the City Council to the expenditure of any funds. The proposed amendments have been found to be in conformance with the Comprehensive Plan, and therefore in compliance with Charter Ordinance No. 144. The recommended action is legally sufficient to accomplish the urban renewal plan amendment in accordance with State law. Notification of the public hearing has been provided as required by state statute. General Urban Renewal Plan was originally recorded on film 558, Pages 448-495, on the 14th day of December 1982. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Larry Ross Larry Ross spoke of concern regarding the lack of a master plan for the West Bank. A former proposal made by Mr. Ross was that everything from the River to Seneca, Seneca to Douglas, and back to the River would be considered for acquisition by the City, on an opportunity basis, for a commons area and an entry way to downtown Wichita. There is also concern about the encouragement of commercial along Second Street. Commercial development of the perimeters of this general area is preferable rather than through the heart of the area (Second Street). Another concern is that the area allocated for the Amphitheater is quite small and, perhaps, should be larger. Perhaps the West Bank Master Plan might also include a grouping of sports facilities including a possible downtown indoor stadium. Motion -- carried Cole moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Ferris; absent) RESOLUTION NO. R-96- 285 A Resolution of the City Council of the City of Wichita, Kansas, amending the General Urban Renewal Plan of November 27, 1972, for Wichita NDP Urban Renewal Area of Wichita, Kansas, presented. Cole moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Ferris; absent) Yeas: Cole, Gale, Kamen, Rogers, Knight. EXECUTIVE SESSION Motion -- Knight moved that the Council recess at 11:40 a.m. and move to executive session at 12:00 p.m. to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to pending and potential litigation and legal advice; preliminary discussions relating to the acquisition of real property for public purposes; and the regular meeting be resumed at 12:25 p.m. in -- carried the City Council Chambers. Motion carried 5 to 0. (Cather, Ferris; absent) RECESS Council recessed at 11:40 a.m. and reconvened in regular session at 12:36 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 12:36 p.m. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 161 JULY 9, 1996 Page