MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, March 14, 1995 Tuesday, 9:00 A.M. The City Council met in regular session with Mayor Broadfoot in the Chair. Council Members Cole, Ferris, Kamen, Reeser; present. Council Members Cather, Rogers; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Patricia L. Burnett, Deputy City Clerk; present. The invocation was given by Rev. Merritt Schatz, Bethel Presbyterian 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 March 7, 1995, with correction that proclamations were presented by Mayor Broadfoot and Vice Mayor Rogers, were -- approved approved 5 to 0. (Cather, Rogers; absent) AWARDS AND PRESENTATIONS SERVICE CITATIONS Distinguished Service Citations were presented to those present. PROCLAMATIONS Proclamations that were previously approved were presented. PUBLIC AGENDA VERONICA M. SHAW COMMENTS BY VERONICA M. SHAW. Veronica M. Shaw was not present. DR. D. JACK MYERS COMMENTS BY DR. D. JACK MYERS. Jack Myers Jack Myers, President of the Human Services Board, expressed some of the Human Service Board's concerns and frustrations over the handling of the Consolidated Grant review process for CDBG, HOME, and ESG federal funds. There is concern about the diluted impact of citizen input, especially that of the Human Services Board. A request was made that the City consider including in the 1996 budget some of the long-term extended programs that the City now compensates through CSGB moneys. Instead, the City has chosen to become even more dependent on federal moneys for City human service projects. A request was made that more moneys be made available to provide to private sector initiatives. Instead, the City has reduced the amount of dollars available to non-city services. In years past, the Human Services Department and the CPOs reviewed all CDBG funding. This year, the City made available to the Grant Review Committee only the ten percent for request by non-city services and did not provide the Grant Review Committee with City requests. This made it impossible for the Grant Review Committee to do their job. Without being able to view the whole process, it is not possible to make informed reflections and decisions. The process the City has devised for determining distribution of the CDBG funding has not provided a method for fair, objective evaluation. The redistribution of the funding that will occur from the new process of distribution will have little input from anyone except City staff. The responsible redistribution of funds does not take money from needed community services without careful evaluation, clear communication with the service provider so it is understood why new priorities are being established, and receiving recommendations from the Human Services Board that was established by the City Council to provide consultation. Members of the Human Services Board would like to work more closely with the City Council and to encourage a more open process of communication. From the perspective of the Human Services Board, five priority concerns affecting low-income and poor were shared: (1) Homelessness, including moneys for prevention, care, and programs to help re-establish them in the community; (2) Effects of violence - especially domestic violence and concern for the battered women's shelters; (3) Job training and education; (4) Low-income housing; and (5) Issues affecting the health needs of low- income persons. Mayor Broadfoot Mayor Broadfoot said the faulted process this year is partially a result of the fact that HUD did change the process and there were some very demanding time lines. In the process of allocation, the concerns of the Human Services Board will be addressed. Mayor Broadfoot asked that the Human Services Board and the CPOs give the Council their best and considerate positive suggestions of how to improve the process. Mayor Broadfoot said she had also asked that the Human Services Board consider the make-up of the Human Services Board - whether or not the entities that need to be represented are represented. Jack Myer Jack Myer expressed concern that the Human Services Board is charged with the responsibility, later in the ordinance, to provide an overview of what the plan of the City is. "I have been on the Human Services Board three years. I do not have a clue as to what that is. I requested, at our meeting yesterday, that the Staff provide us with the latest update of what that is and I would invite the City Council and the Staff to work with us to have a comprehensive city-wide plan so when we say this is what the City of Wichita is doing for homelessness, we can say it includes this part, it includes this part, and it includes this part." Mr. Myer said he would like to see that include moneys from the City, federal, and private groups (not for profit and businesses). ADDENDUM JENNIFER VAN BRUGGEN COMMENTS BY JENNIFER VAN BRUGGEN. Jennifer Van Bruggen Jennifer Van Bruggen presented an envelope with information regarding Scientology to the Council and said she was not condemning or upholding anyone but asking that the City Council make informed and educated decisions. Council Member Kamen Council Member Kamen explained that the proclamation for L. Ron Hubbard which was presented at the March 7th City Council meeting made no mention of Scientology or of any church. Many proclamation requests are received for ordinary citizens who have done good works in the past. The request for L. Ron Hubbard only listed the good works Mr. Hubbard had done. Council Member Cole Council Member Cole said she did not sign the proclamation because she did not know anything about Mr. Hubbard. Council Member Cole wondered whether there might be a way to have additional information/research provided or to screen requests for proclamations. Mayor Broadfoot Mayor Broadfoot pointed out that issuance of a proclamation is simply a courtesy not a "stamp of approval." The very same proclamation, with very slight changes, was issued by the previous City Council by a 7 to 0 vote in 1993. Now, because the person has become linked to Scientology and a prominent person, the proclamation has received a lot of attention. Council Member Ferris Council Member Ferris said he knew who L. Ron Hubbard was due to having done some recent research but few would know of L. Ron Hubbard and his connection with Scientology. Those Council Members participating in the proclamation did so with good intentions of honoring someone they thought was a Wichitan. The proclamation was very obscure and did not mention Scientology. The source of the problem is that the Council does not have a monitoring device. A process should be put in place. Council Member Cole Council Member Cole said that perhaps if the person or reason for the proclamation is not known by Council Members, the proclamation should be put off until the facts are known. Council Member Ferris Council Member Ferris suggested that a proclamation might be required to have a unanimous vote of the City Council for approval. UNFINISHED BUSINESS SEWER PETITION PETITION TO CONSTRUCT A SANITARY SEWER TO SERVE LOT 1, OVERHOLT ADDITION LOCATED SOUTH OF 47TH STREET SOUTH, WEST OF VICTORIA. Continued from March 7, 1995. Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 95-169. The signature on the petition represents 54% (1 of 2 ownerships) of the improvement district area. On February 23, 1995, CPO Council 4 voted 6-0 to recommend approval of the petition. The project will provide sanitary sewer service for two trucking companies now on private septic tank systems. The estimated project cost is $22,000. The funding source is Special Assessments. State Statutes provide that the petition is valid if signed by a majority of owners or owners representing a majority of the improvement district area. Motion -- Broadfoot moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 5 to 0. (Cather, Rogers; absent) RESOLUTION NO. R-95-107 Resolution of findings of advisability and Resolution authorizing construction of Lateral 84, Main 1, SWI (south of 47th Street South, west of Victoria) Project No. 468- 82455 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Broadfoot moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Rogers; absent) Yeas: Cole, Ferris, Kamen, Reeser, Broadfoot. LITTLE ARKANSAS RIVER LOWERING THE LITTLE ARKANSAS RIVER NORTH OF CENTRAL AVENUE DAM. Continued from March 7, 1995. Agenda Report. Utility Contractors, Inc., has contracted to reconstruct the 11th Street Bridge over the Little Arkansas River. A part of the work will occur below the normal elevation of the river. The contractor has requested that the river be lowered north of the Central Avenue Dam until July 14, 1995. Officials with the Wichita River Festival have advised that lowering the Little Arkansas River will not impact their events. Staff will coordinate the lowering with other public agencies that may be affected by the lower water levels. Steve Lackey Director of Public Works said this Item was reviewed with the Greenways Commission in the last week and their recommendation is that the desired river depth be accomplished with a minimum disruption of aquatic wildlife and habitat; and that the normal depth of the river should be restored as quickly as possible. Staff agrees with the recommendations and the water level will just be lowered enough to accommodate the construction at 11th Street. As much pool as possible will be retained north of the Central Avenue Dam. Motion -- Broadfoot moved that lowering the Little Arkansas River until July 14, 1995, be -- carried approved. Motion carried 5 to 0. (Cather, Rogers; absent) ART MUSEUM BOARD CHARTER ORDINANCE PERTAINING TO THE ART MUSEUM BOARD. Chris Cherches City Manager reviewed the Item. The Ordinance expands the Board from seven to nine members and was first approved by Council on February 28, 1995. Motion -- failed Ferris moved that the Ordinance be adopted. Motion failed 3 to 2. (Cather, Rogers; absent) Ferris, Cole, Broadfoot - No. Motion -- Reeser moved that the Item be reconsidered on the March 21, 1995, Agenda. Gary Rebenstorf Director of Law explained that in order for an item to be reconsidered, it would have to be reconsidered at the same meeting. The Ordinance would have to be put on the agenda or brought up by a Council Member at a following meeting. -- withdrawn Motion withdrawn. Council Member Reeser Council Member Reeser said he would have it brought up as a new Item on the March 21st Agenda. CONSOLIDATED PLANNING ALLOCATION OF CONSOLIDATED PLANNING GRANT FUNDS. Chris Cherches City Manager reviewed the Item. Agenda Report No. 95-170 A. The City Council held a public hearing March 7, 1995, to provide an opportunity for non-City applicants and interested persons to address the Council regarding applications for 1995-1996 program year funding. Copies of the ninety (90) requests totaling $5,082,000 were provided the Grants Review Committee for review and comment. Recommendations from that body have been provided the Council. The 1995-1996 combined HUD funding for Wichita includes: Community Development Block Grant (CDBG) - $4,045,000; HOME Investments Partnership (HOME) - $1,613,000; and Emergency Shelter Grant (ESG) - $144,000. Funding requests for the CDBG program are listed under the following categories: (1) Capital Development Projects; (2) Housing Projects; (3) Public Services; (4) Planning and Administration; and (5) Other. Public Service allocations are limited to a maximum of $1,150,000. Planning and Administration allocations are limited to a maximum of $900,000. A summary of CDBG requests by categories is as follows: Category Requests Capital Development $ 781,286 Housing 1,648,067 Public Services 1,929,424 Planning & Administration 640,852 Other 135,000 Total Requests $ 5,134,629 The national objectives of the Community Development Act are to principally benefit low/moderate income persons, eliminate slum and blight, or meet other urgent community needs. In l994, the City established Priority Needs to guide use of HUD funds. In addition to the Priority Needs, staff utilized the Neighborhood Initiative, Strategic Agenda and Council goals to develop its recommendations. The federal requirement of a combined funding application has complicated the process of allocating these funds. As in prior years, allocation of funds considers efforts to maximize collaborative efforts by community agencies and encouragement of private involvement. The 1995-1996 CDBG grant is $4,045,000; the HOME grant is $1,613,000; and the ESG grant is $144,000. The allocations made will be effective July 1, 1995. The City has met federal requirements in the allocation of funds. Prior to final allocations/payments, each project must be verified for eligibility for use of the respective grant funds. Subsequent to the allocation of funds, staff will prepare a One Year Action plan of activities to be funded, and a Five Year Strategy to address Priority Needs. A draft Consolidated Plan, including the Five Year Strategy and One Year Action Plan, will be presented to the City Council for consideration prior to being made available for a required thirty (30) day public review and comment period. At the end of the comment period, the final plan will be submitted to the City Council for approval and authorization to submit to HUD. Council Member Ferris momentarily absent. Emergency Shelter Grant (ESG) Pending recommendations by the funding committee of the Homeless Task Force, it is recommended funds be reserved in four HUD defined categories at this time as indicated below. No recommendation is made in the category of Facility Rehabilitation. Recommendations of the task force committee will be provided the Council for action March 21. The grant amount available for l995/1996 is $144,000. Recommended distribution of these funds follow, by category: (1) Homeless Prevention ($43,200) (2) Essential Services ($43,200) (3) Facility Rehabilitation No ESG funds (4) Shelter Operations Reserved/emergency shelter operations (5) Administration Administrative Charges ($1,400) HOME Program Administration ($5,800) Mayor Broadfoot Mayor Broadfoot suggested that a sum of money to be allocated be agreed to, but the money not actually be allocated at this point and a funding committee of the Homeless Task Force as well as representatives from Human Services, CPO, Sedgwick County, School Board, and United Way review the process. Chris Cherches City Manager, responding to a question, said that, in 1994, the City Council earmarked $50,000 under the unfunded or unspent moneys and, designated in the Housing Partnership Funds, was $50,000 to leverage for homeless housing. There is a total of $100,000 which could be addressed by the Homeless Task Force funding group at the same time the ESG moneys are addressed. The City Manager said the chairpersons of the various subcommittees should also be invited to the meeting of the Homeless Task Force funding group so the priorities of each of the subcommittees could be addressed by the group at the same time. The City Manager stated that when the City Council established the $50,000, a portion of the Housing Partnership Funds was earmarked specifically for the homeless housing with the understanding that those funds would be available to leverage, with other funds, to address homeless housing. Mayor Broadfoot Mayor Broadfoot said she would like the committee to look at the $50,000 in terms of permanent housing for the homeless; and also to look at the other $50,000 to augment, if necessary, the computer system so that communication and coordination are better. Motion -- Broadfoot moved that the Emergency Shelter Grant (ESG) allocation process be referred to the Homeless Task Force Funding Committee as well as representatives from The United Way, Schools, Sedgwick County, and the Chairs of the subcommittees to bring back to the City Council, as soon as possible, their best recommendations; and that the actual allocations be in place by July 1st. Chris Cherches City Manager, regarding 5 percent designated for administration, said each particular grant would pay their own administrative costs. If that were deleted, it would have to be taken from the tax budget. -- carried Motion carried 5 to 0. (Cather, Rogers; absent) HOME Allocations The grant amount available for l995/1996 is $1,613,000. Recommended distribution of these funds follow, by category: (1) Administration Administrative Charges ($16,000) HOME Program Administration ($145,300) (2) Rehabilitation Deferred Loan Program ($300,000) (3) Acquisition Homesteading Program ($89,750) HOMEownership 80 ($291,950) (4) New Construction New Construction Infill ($125,000) (5) Rental Projects Downtown Residential ($195,000) Community Housing Dev. Org. (CHDO)($450,000) a. Joint CHDO project in Planeview (Wichita Indochinese Center and Mennonite Housing Rehabilitation Services), or b. Joint CHDO project in Planeview and Midtown North (Wichita Indochinese Center and Mennonite Housing Rehabilitation Services). Chris Cherches City Manager said there is a total of $1,613,000 that can be allocated in HOME funds. Historically, those funds under the CHAS program have been directed to the HOME Program Administration, a Deferred Loan Program, the Homesteading Program, HOMEownership 80 Program, New Construction Infill, Downtown Residential, and Community Housing Development Organizations (CHDO). Under the federal guidelines, the City must fund 15 percent of the HOME allocations for CHDO activities. The Council may also increase the funding for CHDO applications if it is felt they meet the overall housing objectives under the adopted CHDO Plan. Staff was trying to focus on the Planeview area and some needs. Except for the Indochinese CHDO, the City has previously funded some of the existing CHDO groups in various amounts of money for various activities. The Indochinese CHDO was to address housing and job training in the Planeview area and staff was recommending that that be funded but, in addition, that the City increase the allocation and ask the Mennonite Housing Rehabilitation Services and the Indochinese, or all of them, to address some of the specific areas that, right now, are waiting to be addressed. Staff is recommending that the Homeownership 80 funding be decreased and that funding be moved, along with the CHDO funds, to increase that allocation to $450,000 to address priority areas. Mayor Broadfoot Mayor Broadfoot expressed preference to approve the $450,000 but to not actually award any funds to specific CHDOs because the "big picture" is not available. It should be ascertained whether one or more of the CHDOs would be willing to work together in one or two areas before the specific funds are awarded. Council Member Reeser Council Member Reeser said Planeview has already been identified as a high priority area and there is cooperation between the Wichita Indochinese Center and Mennonite Housing. There will still be some funds available for other CHDOs and staff will require cooperation. Chris Cherches City Manager, responding to a question, said that because some of the other programs that have come into existence (i.e.; the County's Mortgage Program), there has been a slackening of demands for funds for down payments and closing costs. It is suggested $200,000 be deducted from the HOMEownership 80 Program and be moved to the CHDO account. Klenton Toothaker Finance Department said the original application for HOMEownership 80 was for $500,000 which was reduced to $291,000 making the CHDO recommendation of $450,000. Mayor Broadfoot Mayor Broadfoot asked if the $450,000 is awarded to CHDO, and would theoretically be awarded to the joint projects in Planeview and Midtown North, what money would then be left for other CHDOs? Steve Hastings Human Services Department, responding to questions, stated that the HOMEownership 80 Program was decreased because bond money also offers down payments, closing cost assistance. There has still been quite a bit allocated to the Infill Project and for those persons who cannot quite meet the expectations of the Bond Program. A lot of work has been invested in Planeview, over the last year or so, to develop plans to revitalize Planeview. It is not known, at this point, exactly how that will all develop. It is known that job training is wanted. The City now has experience in fixing up houses that indicates that when a neighborhood is worked in an interest has to be created in what is going on so that people will stay and buy the houses when they have reached the economic ability to do so. There are quite a few people who work with the Indochinese Center and 28 percent of the people who live in Planeview are of the Asian Race. It is thought that working in that area with the Indochinese Center will be successful getting people trained for jobs and will result in having inventory that people will buy when completed. Mennonite Housing has also presented a project in Midtown North where a specific population was being worked with. Mennonite Housing could also be successful with job training, employment opportunity, and with not having empty stock when the project is complete. To avoid having vacant housing stock, the desire is to work within the neighborhoods. The Davis-Bacon Wage also may come into play. In the HOME Program, if more than eleven single-family units are done in one project, Davis-Bacon kicks in and makes the project very expensive. Staff looked at all the players involved and their capacity and ability. The Indochinese Center has a marvelous pool of applicants, a good structure set up for education and training, and a lot of active programs in the community. Mennonite Housing has done a marvelous job with housing which reaches far beyond our community. To take advantage of the Mennonite housing ability and match it with the Indochinese Center and their training abilities and their pool of applicants would provide a winning program. If the two are split and some put in the north part of town and some in Planeview, the Davis-Bacon wage is avoided and the over-all cost per unit is lowered by approximately 30 percent. Regarding funds from the previous budget for CHDO activities, Steve Hastings said there is $167,000 for CHDO activities out of the 1994 budget, exclusive of what is being proposed for allocation. Mayor Broadfoot Mayor Broadfoot said she would like to see what portion of the $167,000 could be directed to the CDC. Chris Cherches City Manager suggested that Staff meet with the various CHDOs to see whether there could be a coordinated, collaborative effort. Motion -- Reeser moved that the Staff recommendation on HOME allocation, with the modification that the available $450,000 and the $167,000 remaining from 1994 be -- carried identified for Rental Projects under CHDOs, be approved. Motion carried 5 to 0. (Cather, Rogers; absent) CDBG Funds Staff followed the established Priority Needs, the Neighborhood Initiative, Strategic Agenda and Council Goals. Priority was given historically funded programs and activities. Additionally, funding is recommended to continue improvements mandated by the Americans with Disabilities Act and to provide additional dollars for an Employment and Training Center. Funds are also recommended to fund the first year of a three year contract with Neighborhood Reinvestment Corporation to develop a neighborhood housing organization. To address the highest of Priority Needs, it is recommended the City solicit proposals for five specific activities: Women's Shelter Services, Home Maintenance Training and Credit Counseling, Home Repair Services, Summer Youth Employment, and Youth Recreation and Enrichment. Recommended maximum funding amounts to be considered for proposals are: Women's Shelter Services $200,000 Home Maintenance Training/Credit Counseling 15,000 Home Repair Services 250,000 Summer Youth Employment 200,000 Youth Recreation/Enrichment 51,531 Proposed Project Funding: (1) Capital Curb and Gutter Improvements ($79,000) Sidewalk Construction ($106,000) Street Improvements ($120,000) Handicapped Impr. - Public Facilities ($200,000) Northeast Branch Library Relocation ($100,000) Getto Closure/Linear Park Construction ($50,000) United Methodist Urban Min. Bldg Add ($28,175) Planeview/Hilltop Park Bldg Renovation ($275,000) (2) Housing Projects Neighborhood Impr. Services Admin. ($307,000) Emergency Assistance ($165,000) Paint Grants ($20,000) Weatherization Assistance Program ($90,000) Inter-Faith Inn Renovation ($53,000) Home Repair Program ($250,000) Neighborhood Reinvestment Corporation ($150,000) (3) Public Services Colvin/Plainview Health Station = $ 47,500 Northeast Health Services = $ 22,670 Integrated Neighborhood Services = $520,000 Summer Youth Employment Program ($200,000) Cities in Schools at Colvin ($39,000) Inter-Faith Ministries ($39,275) Home Ownership Training/Credit Counseling ($15,000) United Methodist Urban Ministry ($15,000) Women's Crisis Centers ($200,000) Youth Recreation and Enrichment ($51,531) (4) Planning and Admin. Services/Other Citizen Participation Organization = $224,000 CDBG Administrative Charges = $ 40,000 CDBG Program Management = $187,000 Historic Preservation Planning = $ 64,268 Mandated CDBG Activities = $ 16,581 Project Freedom Family and Youth ($70,000) Council Member Reeser Council Member Reeser, regarding the Home Ownership Training/Credit Counseling RFP recommendation, said $15,000 is a relatively small amount of money. The other requests for proposals (RFPs) range from $50,000 to $250,000. The City has a good track record with the organization (Mennonite Housing) which is now running that program. Chris Cherches City Manager, answering a question, said that since the inception of the program it has been the Mennonite Housing organization offering this service. Council Member Reeser Council Member Reeser said the need for the Home Ownership Training/Credit Counseling Program continues. The Program is very successful and affects a lot of people very quickly. If another CHDO took over the Program, the City would have to train them. Motion -- Reeser moved that $15,000 be awarded to Mennonite Housing for the Home Ownership -- carried Training/Credit Counseling Program. Motion carried 5 to 0. (Cather, Rogers; absent) Council Member Cole Council Member Cole asked whether the Pathways Program might be in a category that would present an RFP under Children's Programs and Services and might come back to the City with the moneys allocated to youth. Chris Cherches City Manager said the Council's wishes could be brought back - keeping in mind that another program would have to be deleted or a program allocation would have to be reduced due to the $1,150,000 maximum limitation on public service funding. Klenton Toothaker Finance Department, regarding the $317,695 program income and unexpended balances from closed projects, explained that that is money from two years ago (19th year) allocations. The maximum funds is $1,150,000 from year to year. The Chris Cherches City Manager said there will probably be additional moneys at the close of the current CDBG fiscal year from program income and payback of loans. These moneys will be placed elsewhere such as housing or capital. Moneys over the $1.150 million annual amount cannot be placed back into public service. Council Member Cole Council Member Cole said Operation Clothesline has a program which is extremely responsive to needs in the community. Mayor Broadfoot Mayor Broadfoot stated that she had spoken to a member of the Board of Directors of Operation Clothesline which had recommended that some adjustments in staffing need to be made to help control costs. The recommended adjustments have not been done and should be adhered to before the City considers funding for the program. Chris Cherches City Manager clarified that if the Council chose to proceed with RFPs on various categories, anyone in the community could apply for those funds as long as their focus was directed to the RFP specifications. Motion -- Broadfoot moved that the Staff recommendations in the CDBG category be approved. Mayor Broadfoot Mayor Broadfoot inquired regarding Council Member Roger's concern about the $200,000 for the creation of an equity revolving fund. Chris Cherches City Manager responded that the revolving fund was not addressed. It is suggested there might be some money from this budget and, depending on the program income, when that comes back to the Council some of that might be allocated. Depending on the decision on the Northeast Branch Library, there are CDBG funds allocated for that ($100,000) but if a new facility is constructed and bonded then those CDBG funds would be available. Regarding Operation Clothesline, the City Manager said Staff would look into whether any funds could be allocated under Emergency Shelter. -- carried Motion carried 5 to 0. (Cather, Rogers; absent) Mayor Broadfoot Mayor Broadfoot asked that Staff be as communicative as possible with individuals in terms of what was clearly allocated and those for which RFPs will be done. Council Member Reeser Council Member Reeser said he would watch during the next 30 days during the period of comment to see that the concerns that are raised are addressed. Council Member Reeser also asked that Staff provide information regarding the moneys set aside for RFPs - "if they all go to organizations outside of City Hall, how does the comparison to last years grant allocation between in-house and outside City Hall compare this year to next year?" The understanding from the workshop was that the moneys will end up being about the same if not more available for outside of City Hall groups. Chris Cherches City Manager said the City looked to see whether some of the services that have previously been provided by the City could be provided through the RFP process. NEW BUSINESS BICYCLE PATH AND PROPOSED BICYCLE PATH AND LANDSCAPING ALONG GYPSUM CREEK/ARMOUR FROM CESSNA PARK LANDSCAPING TO DOUGLAS. (District II) Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 95-196. The 1994 and 1995 Capital Improvement Programs (CIP) contain projects to construct a bicycle path, along Gypsum Creek and Armour Ditch from Cessna Park (Mt. Vernon and Woodlawn) to Douglas, and to install landscaping in the section between Kellogg and Douglas (Project No. P-9303). The 1994 portion of the project is funded by General Obligation bonds and federal funds; the 1995 portion of the project is to be funded 50% by At-Large Funds and 50% by Other Funds. At the time the project was placed in the CIP, it was anticipated that the 50% by Other Funds would be raised by private donations or by Special Assessments. A petition signed by 56% (9 of 13 ownerships) of the proposed improvement district area was submitted in support of the landscaping project. Both projects were presented to CPO Council 2 on February 27, 1995, with the CPO Council voting 8 to 0 to recommend approval of both projects. The projects provide for a bicycle path, from Cessna Park to the Towne East area with a termination at Douglas, and extensive landscaping, along Armour from Kellogg to Douglas. It is anticipated that the project will be built later this summer. The estimated cost of both projects is $610,000: $328,000 paid by federal funds, $100,000 paid by Special Assessments, and $182,000 paid by General Obligation Bonds. The bicycle path project will be funded 80% by Federal Transportation Enhancement Funds administered through the Kansas Department Of Transportation (KDOT). The Special Assessment portion will be assessed to the properties in the improvement district area on a square foot of ownership basis. State Statutes provide that the petition is valid if signed by a majority of owners or owners representing a majority of the improvement district area. Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard and no one appeared. Motion -- Kamen moved that the Petition be approved and the Resolutions be adopted. -- carried Motion carried 5 to 0. (Cather, Rogers; absent) RESOLUTION NO. R-95-108 A Resolution authorizing the issuance of bonds by the City of Wichita at large to construct bike path and landscaping along Gypsum Creek from Cessna Park to Douglas Project No. 472-82473, presented. Kamen moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Rogers; absent) Yeas: Cole, Ferris, Kamen, Reeser, Broadfoot. RESOLUTION NO. R-95-109 Resolution of findings of advisability and Resolution authorizing landscaping, beautification, bike path construction, and channel improvements in and adjacent to Armour Drive, Whittier and Willowbrook, and the Armour Drainage Ditch in the area between Kellogg and Douglas Project No. 472-82572 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Kamen moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Rogers; absent) Yeas: Cole, Ferris, Kamen, Reeser, Broadfoot. PROSTITUTION ORDINANCES ORDINANCES PERTAINING TO PROSTITUTION ACTIVITY IN THE CITY. Gary Rebenstorf Director of Law reviewed the Item. Council Member Ferris momentarily absent. Agenda Report No. 95-197. Prostitution has been a problem along Broadway Avenue in the City of Wichita for many years. The South Central Community Police Officers have been working with various City staff members along with residents and business persons in the South Broadway neighborhood since the last half of 1994, and have formulated a community based proposal as a response to this problem. The proposal was presented in its entirety to the City Council in a workshop session on February 28, 1995. Contained in that proposal were three ordinances. One ordinance amends Section 5.68.210 of the City Code which pertains to the crime of loitering for the purpose of soliciting. As the ordinance currently exists, it targets only prostitutes, and not their patrons. A key component of the Community Police proposal is enforcement efforts directed at the men who patronize the prostitutes. For the proposal's success, it was deemed necessary to include in this ordinance persons who loiter in an attempt to solicit another to commit an act of prostitution. Also presented is an ordinance which creates new Code Section 5.68.215, which makes it a crime to commit an unlawful act of prostitution, or a prostitution related act within an area defined by the ordinance as an Anti-Prostitution Emphasis Zone. A person who violates this ordinance is subject to penalties which are more severe than for such acts which occur outside the zone. This ordinance is patterned after a law passed by the City of SeaTac, Washington, where the object was to eliminate their so-called "red light" district with the threat of enhanced punishment for prostitution acts committed therein. Finally, an ordinance is proposed creating Section 5.68.218 of the City Code which authorizes the municipal court judges to impose mapping restrictions upon persons convicted of prostitution or prostitution related acts. The mapping restriction is designed to prohibit the person from being in the areas of the City known for prostitution and prostitution related activity. If a person is found within such an area after having been "mapped out" of that area, they are in violation of this new Code section, and subject to additional criminal penalties. The amendment to Section 5.68.210 of the City Code makes it a crime for a person to loiter with the intent to solicit another to commit such an act of prostitution, in addition to the prostitution related acts that are part of the existing ordinance. Another feature of the Wichita ordinance is that it requires police to give a suspect the opportunity to explain their conduct so that if innocent conduct is involved, it will not result in an arrest. Therefore, if WPD officers are well trained in the use of this ordinance, they should clearly know when there is sufficient evidence to make such an arrest. The concept behind the ordinance which sets up the Anti-Prostitution Emphasis Zone, (the Zone) is to discourage both prostitutes and their customers from setting up shop along Broadway. It will also remove the concentrated numbers of prostitutes from the Broadway area which represent an easy and ready market for illegal drugs and other criminal activity. The idea behind the police proposal, and the ordinances proposed therein, is to break up the concentration of prostitutes along north and south Broadway Avenue. As set forth in the proposal, where there is a large concentration of prostitutes, other criminal activity follows along. Since many prostitutes are also drug addicts, their large numbers in the north and south Broadway area have attracted drug dealers - many with gang affiliations - who have moved into the area to supply the prostitutes with their drugs. Therefore, the proposed police enforcement efforts which address the prostitution problem in a specific area, as well as the "tag-along" criminal activity, is a legitimate response to a significant concern related to the health, safety and welfare of Wichita's citizens. The post-conviction mapping concept makes it easier for police to take action against repeat offenders. Once a person is convicted of illegal sexual activity in the Zone, if the judge imposes a mapping restriction as a condition of their probation, police only have to observe this individual present in the forbidden area to charge an additional crime. Not only does the additional offense carry additional penalties, but it allows police to arrest the offender, immediately removing him or her from the street. One alternative to the ordinance establishing the Anti-Prostitution Emphasis Zone would be to expand the Zone to include the downtown hotels. Police statistics do not indicate that a significant amount of prostitution or prostitution-related activity is occurring in this area, so the justification for making this area part of the Zone is not nearly as strong as those areas which are currently included. If the Zone ordinance is passed as written and has the intended effect, prostitution activity may very well move to the downtown hotels that are currently not included. If this does occur, a simple amendment to the Zone ordinance could be drafted, using police arrest statistics as justification at that time. The City of SeaTac, Washington, has had to amend their ordinance to expand their Anti-Prostitution Emphasis Zone as prostitution activity moved out of the initially targeted area. If the Council decides to expand the Zone area, an amended version of the ordinance can be prepared. Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard. Lois Ann Newman Lois Ann Newman said the South Central Organization was very much in favor of the ordinances and suggested the City might look into where the escort services are moving to. Allen Wolf Community Policing Officer said there were several suggestions of efforts that might be made with regard to Johns. One was a citizens group which, when suspicious activity was spotted, would get the tag number documented and send a registered letter stating what was seen to the individual. Also, regarding off record convictions to which the public has no access, there will be a report of all convictions which will be compared to the published docket so the difference can be seen. Council Member Kamen momentarily absent. Motion -- Cole moved that the Ordinances be placed on first reading. Motion carried -- carried 5 to 0. (Cather, Rogers; absent) ORDINANCE An Ordinance amending Section 5.68.210 of the code of the City of Wichita, Kansas, pertaining to loitering for the purpose of soliciting, and repealing the original of said section, introduced and under the rules laid over. ORDINANCE An Ordinance creating Section 5.68.215 of the Code of the Code of the City of Wichita, Kansas, establishing an anti-prostitution emphasis area, and providing enhanced penalties for certain acts committed therein, introduced and under the rules laid over. ORDINANCE An Ordinance creating new Section 5.68.218 of the Code of the City of Wichita, Kansas, creating the crime of failure to comply with mapping restrictions imposed as a condition of probation, and the penalty therefore, introduced and under the rules laid over. NEIGHBORHOOD PATROL NEIGHBORHOOD PATROL PROGRAM. Chris Cherches City Manager reviewed the Item. Agenda Report No. 95-198. The Neighborhood Initiative is a two-fold plan of action defining what the City can do to address a multitude of concerns relating to economic conditions, social breakdown, neighborhood decay and crime in Wichita. One of the City's top priorities is to make neighborhoods more clean, safe and secure. One Neighborhood Initiative program which addresses this objective and seeks to reduce neighborhood decay and crime is the Neighborhood Patrol Program. This type of citizen involvement is being successfully utilized in many cities throughout the nation. The Neighborhood Patrol concept has been under study now for approximately one year. The success of this program will depend on residents volunteering their time to patrol neighborhoods, either on foot, bicycles, scooters, or other vehicles, watchful of suspicious activity as well as noting code and nuisance violations. Residents will be equipped with either radios or cellular phones as they patrol a defined neighborhood area. The patrol is not intended to replace other City activities, such as police, fire, health or building/zoning inspectors. Its primary purpose is to act as additional "eyes and ears" for police and other City staff, without direct intervention. The program is proposed to be established first in areas where there are sufficient volunteers, and then expanded to other neighborhoods where residents express a need and an interest to participate. Volunteers will complete an application process and be approved to participate in the program. Additionally, they will be required to participate in a Neighborhood Patrol training program. The program will provide training on public and personal safety and code and nuisance violations. Before volunteers begin the Neighborhood Patrol Program, they will spend time with Community Police officers and CLEAN Team members to gain first-hand field experience. Patrol members will be issued identifiable clothing and either a hand-held radio or cellular phone so they can communicate public safety and other violations. Volunteers will be required to patrol in groups. Before they begin their patrol they must notify the nearest police or fire substation. At the substation they will check-out their communication equipment. They will also identify the neighborhood patrol area. Upon completion of the patrol, they will turn in incident logs which document public safety and code and nuisance violations. These forms will be given to appropriate City departments for follow-up actions. The cost to the City will be to equip volunteers with identifiable clothing. Initially, surplus-hand held radios will be utilized by patrol members; there are sufficient radios to begin the program. A budget of $5,000 has been established for training and desirable clothing. Its intended that private contributions will be received to defray this expense. Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard and no one appeared. Motion -- Broadfoot moved that the Neighborhood Patrol program be approved. Motion carried -- carried 5 to 0. (Cather, Rogers; absent) CDBG ALLOCATION ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS - DIVERSIFIED DETAMC EDUCATIONAL, TRAINING AND MANUFACTURING COMPANY, INC., (DETAMC). Chris Cherches City Manager reviewed the Item. Agenda Report No. 95-199. The 1992 and 1993 Community Development Block Grant Program contained allocations to either acquire/renovate facilities for an Employment and Training Center along 21st Street. This Center was to occupy the land formerly occupied by the Diggs/Ivy Buildings. The intent of the City Council was to renovate the Diggs (and adjacent building) and lease it to an agency that would provide job training and employment opportunities. The Diggs/Ivy properties were acquired from CDBG funds but construction work was delayed, partly because an adjacent property could not be acquired within the appraised valued and delays in finding an agency that had the fiscal capability to provide the proposed services. DETAMC, a for- profit agency, applied for the CDBG funding to construct facilities. However, the City Council entered into an agreement with UBI for a major public/private redevelopment effort, requiring location of an employment and training center elsewhere. DETAMC has recently purchased property at 2102 East 21st Street, and has indicated it will construct a building to serve as its operating and training center for persons under the KanWork and Job Training Partnership Act programs. The proposed DETAMC Center will be comprised of classrooms, offices, conference facilities, production and storage areas. A portion of the financing for this Center will be provided by a local bank. DETAMC has applied for the $220,000 CDBG funding allocation designated for an Employment and Training Center and is seeking an additional $125,000 to aid in the project development. Public funding support is necessary for the project to be feasible. The applicant has requested that the CDBG allocation be in the form of a grant. However, because DETAMC is a for-profit business development, a deferred loan is recommended to assist in either acquisition of the property and/or construction of the building. This loan could be administered in various ways, including an annual write-off as long as the purpose and mission continues to focus on employment and training opportunities for the benefit of low income individuals. The City may administer and allocate the CDBG funding in a number of ways, including: 1. Grant - this method would provide the applicant with a restricted allocation of funds without the requirement for a payback. 2. Low Interest Loan - a loan could be provided to the applicant for specific purposes and conditioned on private funding support and equity investment by the business. Interest could be established at lower than market commercial rates. 3. Deferred and Amortized Loan - establishes a loan period whereby the applicant would be provided funding and each year an amount of the loan would be written off as long as the original purposes of the loan are met and the employment and training concept continues in operation. 4. Another option would be for the City to acquire the property, construct the building and lease it to DETAMC over a specified term to recover the initial investment (similar to the Cessna Training Center concept). Funds in the amount of $220,000 are reserved for the Employment and Training Center and available for allocation. The additional funding request of $125,000 would have to be allocated by the City Council from l995-96 CDBG funding. Any City participation in this project should be based on the ability of DETAMC to acquire private funding and meet all conditions for eligibility for CDBG funding assistance. CDBG regulations require a determination that CDBG funds are necessary or appropriate for assistance to a for- profit entity. A preliminary project analysis indicates that the project will be eligible for CDBG funding; however, before a final determination can be made, further documentation will be necessary. This documentation would not need to delay Council consideration of this request, since any action will be contingent upon project eligibility. The employment and training project is an eligible activity under CDBG regulations, and is considered to primarily benefit low and moderate income persons. Adding an activity to the CDBG program, or substantially changing an activity, requires providing an opportunity for public comment, and subsequent amending of the 1992 and 1994 CDBG Final Statement of Objectives and Projected Use of Funds. Chris Cherches City Manager said DETAMC was the only agency that indicated an interest in going into this type of activity. Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard. Hendrick DeBoer Hendrick DeBoer said DETAMC is owned by George Johnson and Rip Gooch and is a for-profit company. For the past two years DETAMC has been working on the RIP Program. DETAMC has promised to rehabilitate about 20 houses under the RIP Program at an average cost of about $15,000. Now, almost two years later, only five houses have been completed. The average cost is running about $35,000 with some going as high as $44,000. The houses are being sold at major losses and the City has lost money on every house except one. Rather than rewarding DETAMC for mismanagement, an audit should be done. Mr. DeBoer asked why a for-profit company is receiving so much preferential treatment and who is pocketing the profits and how much profit. Mr. DeBoer proposed that the funding be denied until a full audit is completed and the performance of the RIP Program is justified. Chris Cherches City Manager said the City has not received an audit. Some time ago there was a meeting at which time all of the financial activities and the status of the program were reviewed with DETAMC management and members of the City Staff. At that time there were certain things that both parties may have been responsible for and the program lagged a little bit. At that meeting the air was cleared and the program was moving. One of the reasons DETAMC was slow getting some of the houses done was that the City was equally slow in acquiring homes and turning them over to DETAMC for renovation and rehabilitation. That has now been resolved. DETAMC is a for-profit company. The initial RIP Program, among the objectives were (1) an attempt to obtain a method or vehicle to employ the unemployable (training), (2) to address the needs of the City in an area of housing where some of the housing could be rehabilitated, (3) to address the need of home ownership, and (4) to stimulate minority business and employment. The first one or two homes were extremely slow because individuals with no experience had to be trained to be finishers, carpenters, painters, etc. A budget was set forth for the original 14 houses and the project is still within the budget. George Johnson George Johnson, President and owner of DETAMC, said Rip Gooch is not an owner of the company and that Mr. and Mrs. Johnson are the sole owners of DETAMC. DETAMC was the only company that submitted a proposal for the RIP Program and DETAMC was only given five houses the first year. DETAMC was audited, to a certain degree, in December and the Company's records are open. Mr. Johnson said he is salaried at $44,000. Mrs. Johnson, a school teacher, does not receive compensation from DETAMC. In April, 1995, the Company will have been in business for three years. In 1993 DETAMC the company lost $9,000. This year, DETAMC will probably show a profit. Perry Bemis Perry Bemis, former Director of Enterprise Place, said he was involved with DETAMC from the time of conception until last month. Mr. Bemis was the Director of Enterprise Place, assisted with the original business plan, and has seen the company grow. There are three facets to DETAMC: (1) classroom training, assisting employees to get their GEDs; (2) on the job training in remanufacturing and in housing; and (3) permanent employment. There have been 17 people employed in the manufacturing operation; and there has been virtually no turn- over among those 17 people. The Company is well run and Mr. Johnson is well organized and is a good businessman. It is important to look at the results from CDBG funds. The people going through the GED training, in the housing area, and in the remanufacturing area have made gigantic strides in terms of their capabilities and what they can accomplish both on and off the job. This is an excellent leverage of CDBG funds because there are true results. There are also life skills training such as how to shop, budget, get to work on time, and to balance a checkbook. There have been 189 people who have gone through the classroom training with a high percentage of those receiving their GEDs. The training was originally set for three months with a six-month on-the-job training following. Then the employees either become full-time employees in either the housing or manufacturing division, or are capable and eligible for employment from other employers. Council Member Kamen Council Member Kamen said he would prefer this Item be deferred one week so information could be received with regard to costs and benefits with regard to the training. There have been allegations made and the Council should look into the matter. Mr. Bemis Mr. Bemis urged the Council to be as quick as possible in deliberations and to be favorable of the project. The Company has exceeded the capabilities of Enterprise Place to meet the needs. Chris Cherches City Manager, responding to a question, said it is proposed that this would be a loan established on a 10-year basis and each year 10 percent of the loan would be written off. As long as DETAMC stayed in business and carried out the mission of the employment and training center concept the loan would not have to be paid off. Council Member Ferris Council Member Ferris said DETAMC is a for- profit company and is 100 percent owned by the Mr. and Mrs. Johnson which means that 100 percent of the profits would be retained by the Johnsons. Council Member Ferris said he did not have a problem with the loan or of working with DETAMC in the area of job training but if the Company is extremely successful as a result of the loan, the City would be participating and, to the extent that DETAMC shows a profit, some of the profit should go to pay off the loan. Mr. Johnson's salary could be a part of the profit but after that, if there is profit left over, the loan or a portion of the loan should be returned for future use in other job training programs. Council Member Ferris suggested that there be some kind of stipulation in the agreement that the money be approved but not as a forgiven loan unless there was some distribution of the profits to offset the loan itself. There would also be no problem with a no-interest loan. The problem is with a gift or grant to a for-profit company. Council Member Reeser Council Member Reeser said Council Member Rogers had some very strong opinions about the grant versus a deferred loan but that Council Member Reeser did not remember the exact preference. Because Council Member Rogers is probably the closest to the project and Council Member Kamen has questions, Council Member Reeser would suggest a deferral. Motion -- carried Reeser moved that this Item be deferred one week. Motion carried 5 to 0. (Cather, Rogers; absent) Council Member Ferris Council Member Ferris asked that Staff visit with Mr. Johnson to see if there was an alternative regarding distribution. Motion -- Reeser moved that Staff enter into preliminary discussions with DETAMC with regard to options for a deferred loan and what could be worked out in a "win/win" situation and that discussion be brought back to the Council in one week. Motion -- carried carried 5 to 0. CITY COUNCIL AGENDA APPOINTMENTS APPOINTMENT TO TRAFFIC COMMISSION. One appointment (Cole), for a term expiring June 30, 1995. Motion -- carried Cole moved that this Item be deferred two weeks. Motion carried 5 to 0. (Cather, Rogers; absent) NOTICE OF VACANCY - WICHITA COMMISSION ON THE STATUS OF WOMEN. One vacancy (Cole), due to the resignation of Rita Chavez, for a term expiring June 30, 1995. Appointment will be made April 4, 1995. PROCLAMATIONS PROCLAMATIONS. Motion -- carried Broadfoot moved that the proclamations be authorized. Motion carried 5 to 0. (Cather, Rogers; absent) OFF AGENDA ITEM APPOINTMENT - WICHITA COMMISSION ON THE STATUS OF WOMEN. Motion -- carried Kamen moved that an Item be taken up off the Agenda. Motion carried 5 to 0. (Cather, Rogers; absent) Motion -- Kamen appointed Beulah Walter and moved that the appointment be approved. Motion -- carried carried 5 to 0. (Cather, Rogers; absent) CONSENT AGENDA Broadfoot moved that the Consent Agenda, except Items 7 b and c, and 11, be approved in accordance with the recommended action shown thereon. Motion carried 5 to 0. (Cather, Rogers; absent) BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED MARCH 6, 1995. At 10:00 a.m., Friday, March 3, 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 3/6/95) PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS: Demolition and Removal of 21st Street Properties as per specifications Cornejo & Sons, Inc. - $26,900.00 Total Net Lump Sum The Board of Bids and Contracts recommended that the contract be awarded as outlined above, subject to check, same being the lowest and best bid and within the Engineer's construction estimate. Broadfoot moved that the contract 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 5 to 0. (Cather, Rogers; absent) CITY MANAGER DEPARTMENT/CENTRAL INSPECTION: Footings and Foundations, Basement Footings and Walls as per specifications Group I - Beran Concrete, Inc. - $13,250.00 Group II - Beran Concrete, Inc. - $48,500.00 FINANCE DEPARTMENT/PURCHASING DIVISION: Computer Paper Requirements as per specifications Western Paper Co. - Item 1 Base Bid $10.30 Per M* - Item 2 Base Bid $ 7.30 Per M* - Item 3 Base Bid $16.51 Per M* - Item 4 Base Bid $26.17 Per M* (*2% Ten (10) Days) POLICE DEPARTMENT/SUPPORT SERVICES: Radio Consoleas per specifications Kansas Fire Equipment Co., Inc. - $11,155.20 POLICE DEPARTMENT/SUPPORT SERVICES: Ammunitionas per specifications Group I - The Hunting Shack, Inc. - $83.66 Cost per M Option 1 Deduct -<$28.00> Cost per M Total Net Bid W/Option 1 - $13,915.00 Group II - Zero Ammunition Co., Inc. - $89.89 Cost per M Option 1 Deduct -<$30.00> Cost per M Total Net Bid W/Option 1 - $2,994.50 PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS: Demolition & Removal of 21st Street Properties as per specifications Group I - Southwest Salvage - $74,726.00 Total Net Bid Item 1A - $ 20.00 Cu.Yd. Item 1B - $ 8.00 Cu.Yd. Item 1C - $ 1.25 Sq.Ft. Item 1D-1 - $ 2.00 Sq.Ft. Item 1D-2 - $ 10.00 Ln.Ft. Item 1D-3 - $ 8.00 Sq.Ft. Item 1D-4 - $ 14.00 Ln.Ft. Item 1D-5 - $ 400.00 Lump Sum Group II - Cornejo & Sons, Inc. - $10,168.00 Total Net Bid Item 1A - $ 45.00 Cu.Yd. Item 1B - $ 45.00 Cu.Yd. Item 1C - $ 45.00 Sq.Ft. Item 1D-1 - $ 4.50 Sq.Ft. Item 1D-2 - $ 4.50 Ln.Ft. Item 1D-3 - $ 45.00 Sq.Ft. Item 1D-4 - $ 45.00 Ln.Ft. Item 1D-5 - $ 300.00 Lump Sum Group III - Southwest Salvage - $ 6,700.00 Total Net Bid Item 1A - $ 20.00 Cu.Yd. Item 1B - $ 8.00 Cu.Yd. Item 1C - $ 1.25 Sq.Ft. Item 1D-1 - $ 2.00 Sq.Ft. Item 1D-2 - $ 10.00 Ln.Ft. Item 1D-3 - $ 8.00 Sq.Ft. Item 1D-4 - $ 14.00 Ln.Ft. Item 1D-5 - $ 400.00 Lump Sum Group IV - Southwest Salvage - $ 7,100.00 Total Net Bid Item 1A - $ 20.00 Cu.Yd. Item 1B - $ 8.00 Cu.Yd. Item 1C - $ 1.25 Sq.Ft. Item 1D-1 - $ 2.00 Sq.Ft. Item 1D-2 - $ 10.00 Ln.Ft. Item 1D-3 - $ 8.00 Sq.Ft. Item 1D-4 - $ 14.00 Ln.Ft. Item 1D-5 - $ 400.00 Lump Sum The Board of Bids and Contracts recommended that the contracts be awarded as outlined above, same being the lowest and best bid. Broadfoot moved that the contracts be awarded as outlined above, same being the lowest and best bid. Motion carried 5 to 0. (Cather, Rogers; absent) LICENSE APPLICATIONS APPLICATIONS FOR LICENSES ESCORT SERVICES. Terry Lee Herl New Elite Dating Service2415 S. Glendale Terry Lee Herl Select Dating Service3850 S. Seneca Sondra Sweeden Primetime Entertainment1301 W. Douglas Louis E. Belanger Paper Dolls 700 N. Market Willis Moore Midnight Affair2020 S. Oliver Motion -- Broadfoot moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 5 to 0. (Cather, Rogers; absent) PETITIONS PETITIONS (100%). a. Water Supply Line to Serve Part of Sterling Farms Addition. (District V) Agenda Report No. 95-200. The Water Supply Line will provide service to the proposed new multi-theater cinema complex and other commercial properties along 21st Street. The estimated project cost is $75,000 with $60,000 assessed to the improvement district and $15,000 paid by Water Utility. The Water Utility share is for the cost of extending the pipe beyond the improvement district to eliminate a dead-end line. Motion -- Broadfoot moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 5 to 0. (Cather, Rogers; absent) RESOLUTION NO. R-95-110 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-88896, Sterling Farms (north of 21st, west of Tyler) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Broadfoot moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Rogers; absent) Yeas: Cole, Ferris, Kamen, Reeser, Broadfoot. b. Water Supply Line to Serve Part of 45 Rock Industrial Park. (District II) Agenda Report No. 95-201. The project will extend municipal water service to a new storage building. The estimated project cost is $30,320 with $18,500 assessed to the improvement district and $11,820 paid by Water Utility. The Water Utility share is for the cost of oversizing the pipe to serve future development beyond the improvement district. Motion -- Broadfoot moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 5 to 0. (Cather, Rogers; absent) RESOLUTION NO. R-95-111 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-888904, 45 Rock Road Industrial Park (east of Rock, south of 45th Street North) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Broadfoot moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Rogers; absent) Yeas: Cole, Ferris, Kamen, Reeser, Broadfoot. c. Paving, Sewer, and Water Distribution System to serve Part of Stoneborough Addition. (District IV) Agenda Report No. 95-202. Stoneborough Addition was platted in February 1991, and the first phase of development began in 1992. The developer submitted petitions in 1993 to move the second phase of development closer to Broadway for improved access and visibility. The new petitions will complete the final phase of the development. Estimated project's costs are: $185,000 for paving, $54,000 for sanitary sewer, and $56,000 for the water distribution system. The funding source is Special Assessments. The method of assessment is the fractional basis. Motion -- Broadfoot moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 5 to 0. (Cather, Rogers; absent) RESOLUTION NO. R-95-112 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-88906, Stoneborough Addition (west of Broadway, north of 55th Street South) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Broadfoot moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Rogers; absent) Yeas: Cole, Ferris, Kamen, Reeser, Broadfoot. RESOLUTION NO. R-95-113 Resolution of findings of advisability and Resolution authorizing construction of Lateral 348, Southwest Interceptor (west of Broadway, north of 55th Street South) Project No. 468-82466 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Broadfoot moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Rogers; absent) Yeas: Cole, Ferris, Kamen, Reeser, Broadfoot. RESOLUTION NO. R-95-114 Resolution of findings of advisability and Resolution authorizing improving of Hazel from the east line of Lot 51, Block 1, to the east line of Lot 68, Block 1, Stoneborough Addition; Hazel Court from the south line of Hazel to and including the cul-de-sac to serve Lots 56 through 63, Block 3; and Hazel Court from the south line of Hazel to and including the cul-de-sac to serve Lots 64 through 71, Block 3, Stoneborough Addition, Project No. 472-82570 (west of Broadway, north of 55th Street South) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Broadfoot moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Rogers; absent) Yeas: Cole, Ferris, Kamen, Reeser, Broadfoot. BOARDS MINUTES MINUTES OF ADVISORY BOARDS. Board of Park Commissioners, 2/13/95 CPO East Council 2, 2/27/95 CPO Southeast Council 3, 2/23/95 CPO Northwest Council 5, 2/22/95 Metropolitan Area Planning Commission, 1/26/95 Wichita Airport Authority, 2/24/95 Wichita Commission on the Status of Women, 2/1/95, 1/4/95 Wichita Historic Preservation Board, 2/13/95 Wichita Public Library, 2/21/95 Wichita/Sedgwick County Alcohol and Drug Abuse Advisory Board, 2/9/95 Motion -- carried Broadfoot moved that the Minutes be received and filed. Motion carried 5 to 0. (Cather, Rogers; absent) WDS - WESTERLEA ADDN. WATER DISTRIBUTION SYSTEM TO SERVE PART OF WESTERLEA ADDITION, SOUTH OF MAPLE, EAST OF RIDGE. (District V) Agenda Report No. 95-203. In 1992, groundwater contamination was discovered in the area south and east of Maple and Ridge Road following the removal of service station/convenience store fuel tanks. In 1993, the Kansas Department of Health and Environment (KDHE) Trust Funds were approved for cleanup of the contaminated area. In 1994, KDHE investigations determined that the extent of the contamination included residential properties. KDHE held a public meeting with area residents during the fall of 1994 and has consulted with the City concerning options for responding to the contamination. To resolve the contamination, KDHE has authorized extension of the City of Wichita's water distribution system to serve the area residents. All but two of the area residents (45) have requested connection to the system. KDHE determined contamination is not expected to spread further and is beginning remediation of the groundwater this spring. KDHE has authorized the City of Wichita to proceed with the installation of the water distribution system including consumer lines to the residents. The estimated cost is $225,000, which is fully reimbursable to the City from KDHE Trust Funds. Motion -- Broadfoot moved that the project be approved; and Staff Screening and Selection Committee be authorized to select a consultant engineer for the design of the -- carried Project. Motion carried 5 to 0. (Cather, Rogers; absent) STREET CLOSURES CONSIDERATION OF STREET CLOSURES. Agenda Report No. 95-204. In accordance with Special Event Procedures, event sponsors are to coordinate arrangements with Staff, subject to final approval by City Council. The following Special Event requests were submitted: 1. Event: 7th Annual Northrock Street St. Pat's Run Date/time of Closure/Use: Saturday, March 18, 1995 (5 p.m. - 7 p.m.) Location: Rock Road/Webb Road/35th Street/37th Street Street Closures: Rock Road between 35th & 37th; 37th between Rock and Comotara (one lane) 2. Event: St. Joseph Catholic Church Annual Parish Dinner Date/time of Closure/Use: Sunday, March 19, 1995, 8 a.m. to 5 p.m. Location: 145 South Millwood Street Closures: Millwood Street, South of Douglas to Burton Street 3. Event: St. Patrick's Day Celebration Date/time of Closure/Use: Friday, March 17, 1995, 4 p.m. to 11 p.m. Location: Old Town Street Closures: Mosley Street Between Douglas and First Street; and Mosley, First to Second Street Inasmuch as possible, event sponsors are responsible for all costs associated with special events. Motion -- Broadfoot 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 response to the event's use of the closed City streets. Motion carried -- carried 5 to 0. (Cather, Rogers; absent) PROPERTY ACQUISITION ACQUISITION OF PROPERTY BY EMINENT DOMAIN. a. Acquisition of 3221 South Clifton (Tract #7) by Eminent Domain for the 31st Street South Project. (District III) Agenda Report No. 95-205. The right-of-way acquisition for the 31st Street South Widening Project, approved by Council on June 14, 1994, will require the acquisition of 11 easements or partial takings. Involved tracts include 5 residential properties and 6 commercial properties. One of the properties identified for partial taking, Tract #7, is located at 3221 South Clifton and is owned by Milo G. Stock etux, c/o Larry Kratzke. Staff entered into negotiations with the owner of this property and a mutually agreeable sales price of $500 was arrived at; however, when title insurance was ordered, several major issues were discovered. The property owner and City Staff have been working to resolve these issues. At this time, it appears that a timely resolution is unlikely and an eminent domain action appears to be the most prudent course of action. The costs of this action will be paid by the City at large. Motion -- Broadfoot moved that the ordinance providing for the acquisition by eminent domain of property be placed on first reading; and the City Attorney be directed to file the appropriate proceedings in the District Court to accomplish such -- carried acquisition. Motion carried 5 to 0. (Cather, Rogers; absent) ORDINANCE An Ordinance providing for the acquisition by eminent domain of certain private property, easements, and right-of-way therein, for the purpose of street improvements and to be known as the 31st Street South project in the City of Wichita, Sedgwick County, Kansas; designating the lands required for such purposes and directing the City Attorney to file a petition in the District Court of Sedgwick County, Kansas, for acquisition of the lands and easements therein taken and providing for payment of the cost thereof, introduced and under the rules laid over. Items 7 b and c Council Member Reeser Council Member Reeser pointed out that these acquisitions are for long-needed improvements which are now being started. b. Acquisition of 2414 S. Meridian (Tract #2) by Eminent Domain for the Meridian/McCormick Intersection Upgrade. (District VI) Agenda Report No. 95-206. The Meridian/McCormick Intersection Upgrade Project, approved by Council on June 28, 1994, will require the acquisition of 4 partial takings and 4 temporary easements. One of the properties identified for partial taking is identified as Tract #2, located at 2414 S. Meridian and is owned by McCormick Properties LTD. The property is currently used by Tom's Auto Service. There is a sign on the proposed right-of-way which will need to be relocated. Staff has attempted to negotiate a purchase of the identified property but has been unable to reach any agreement with the owner. The value of the property has been estimated at $500. Since the estimated value of the taking is less than the limit, no appraisal of the property was required. No further progress is foreseen. Due to the timing requirements for the project, eminent domain action is deemed advisable. The cost of this acquisition are to be paid by the City at large. Motion -- Reeser moved that the ordinance providing for the acquisition by eminent domain of property be placed on first reading; and the City Attorney be directed to file the appropriate proceedings in the District Court to accomplish such -- carried acquisition. Motion carried 5 to 0. (Cather, Rogers; absent) ORDINANCE An Ordinance providing for the acquisition by eminent domain of certain private property, easements, and right-of-way therein, for the purpose of street improvements and to be known as the Meridian/McCormick Intersection Upgrade project in the City of Wichita, Sedgwick County, Kansas; designating the lands required for such purposes and directing the City Attorney to file a petition in the District Court of Sedgwick County, Kansas, for acquisition of the lands and easements therein taken and providing for payment of the cost thereof, introduced and under the rules laid over. c. Acquisition of 921 South Seneca (Tract #6) by Eminent Domain for the Seneca/McCormick Intersection Upgrade. (District VI) Agenda Report No. 95-207. The Seneca/McCormick Intersection Upgrade Project, approved by Council on June 28, 1994, will require the acquisition of 4 tracts including 3 residential properties and 1 commercial property as well as four partial takes. One of the properties identified for partial taking is identified as Tract #6, located at 921 South Seneca and is owned by Wayne E. & Jewel L. Porter. The property is currently leased by the Salvation Army for a used clothing store. Staff has attempted to negotiate a purchase of the identified property but has been unable to reach any agreement with the owner. The value of the property has been estimated at $400. Since the estimated value of the taking is less than the limit, no appraisal of the property was required. No further progress is foreseen. Due to the timing requirements for the project, eminent domain action is deemed advisable. The cost of this acquisition are to be paid by the City at large. Motion -- Reeser moved that the ordinance providing for the acquisition by eminent domain of property be placed on first reading; and the City Attorney be directed to file the appropriate proceedings in the District Court to accomplish such -- carried acquisition. Motion carried 5 to 0. (Cather, Rogers; absent) ORDINANCE An Ordinance providing for the acquisition by eminent domain of certain private property, easements, and right-of-way therein, for the purpose of street improvements and to be known as the Seneca/McCormick Intersection Upgrade project in the City of Wichita, Sedgwick County, Kansas; designating the lands required for such purposes and directing the City Attorney to file a petition in the District Court of Sedgwick County, Kansas, for acquisition of the lands and easements therein taken and providing for payment of the cost thereof, introduced and under the rules laid over. d. Acquisition of a portion of 1002 S. Richmond (Tract #3) by Eminent Domain for the Meridian/McCormick Intersection Upgrade. (District VI) Agenda Report No. 95-208. The Meridian/McCormick Intersection Upgrade Project, approved by Council on June 28, 1994, will require the acquisition of 4 partial takings and 4 temporary easements. One of the properties identified for partial taking is identified as Tract #3, located at 1002 S. Richmond and is owned by Mary A. Barr. The property is currently used by the owners as their primary residence. Staff has attempted to negotiate a purchase of the identified property but has been unable to reach any agreement with the owner. The value of the property has been estimated at $2,000. Since the estimated value of the taking is less than the limit, no appraisal of the property was required. The owner has requested $3,000 in compensation which would require an appraisal. Property Management Division will continue negotiations; however, due to the timing requirements for the project, eminent domain action is deemed advisable. The cost of this acquisition are to be paid by the City at large. Motion -- Broadfoot moved that the ordinance providing for the acquisition by eminent domain of property be placed on first reading; and the City Attorney be directed to file the appropriate proceedings in the District Court to accomplish such -- carried acquisition. Motion carried 5 to 0. (Cather, Rogers; absent) ORDINANCE An Ordinance providing for the acquisition by eminent domain of certain private property, easements, and right-of-way therein, for the purpose of street improvements and to be known as the 31st Street South project in the City of Wichita, Sedgwick County, Kansas; designating the lands required for such purposes and directing the City Attorney to file a petition in the District Court of Sedgwick County, Kansas, for acquisition of the lands and easements therein taken and providing for payment of the cost thereof, introduced and under the rules laid over. e. Acquisition of a part of Reserve A, Builders First Addition - Northeast Community Investment Project. (District I) Agenda Report No. 95-209. On September 13, 1994, the City Council approved the Developer Agreement making UBI Financial Services, Inc. the preferred developer for the Northeast Community Investment Project. The Developer Agreement requires the City to acquire any property necessary for the Project. The City or UBI has previously acquired or is in the process of acquiring all other properties needed for the Project. The subject parcel is the last property to be acquired. The property is a 5 foot by 110 foot strip described as the east 5 feet of the west 80 feet of the north 110 feet of Reserve A in Builders First Addition to Wichita, Sedgwick County, Kansas and is owned by David Loughridge. The site is unimproved. City staff has attempted to contact the owner of the identified property but has been unable to do so. No further progress is foreseen. Funds for acquisition will be provided through the issuance of Urban Renewal General Obligation Bonds. The City is authorized by law to commence eminent domain proceedings to acquire this property. Motion -- Broadfoot moved that the ordinance providing for the acquisition by eminent domain of property be placed on first reading; and the City Attorney be directed to file the appropriate proceedings in the District Court to accomplish such -- carried acquisition. Motion carried 5 to 0. (Cather, Rogers; absent) ORDINANCE An Ordinance providing for the acquisition by eminent domain of certain private property, easements, and right-of-way therein, for the purpose of street improvements and to be known as the 31st Street South project in the City of Wichita, Sedgwick County, Kansas; designating the lands required for such purposes and directing the City Attorney to file a petition in the District Court of Sedgwick County, Kansas, for acquisition of the lands and easements therein taken and providing for payment of the cost thereof, introduced and under the rules laid over. MKEC AGREEMENT AGREEMENT FOR DESIGN SERVICES FOR MEADOW CREEK ADDITION (MID- KANSAS ENGINEERING CONSULTANTS). (District VI) Agenda Report No. 95-210. The City Council approved the Meadow Creek Addition development on January 10, 1995. The proposed Agreement between the City and Mid-Kansas Engineering Consultants (MKEC) provides for the design of Lateral 129, Main 4, Sanitary Sewer #23; Water Distribution System No. 448-88889; and paving Waco (south of 29th Street North, west of Broadway). 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 $11,560 and will be paid by Special Assessments. Motion -- Broadfoot moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 5 to 0. (Cather, Reeser; absent) WATER TREATABILITY CONTRACT AMENDMENT TO THE PROFESSIONAL SERVICES CONTRACT FOR A WATER TREATABILITY STUDY - CDM STUDY (CAMP DRESSER AND MCKEE). Agenda Report No. 95-211. In 1993, the City Council approved a Water Supply Plan for the City. One element of the plan was the utilization of water from the Little Arkansas River. Water from the Little Arkansas River has never been used as a water supply. Because every water source is different, there are differences in the best way to treat each source to meet water quality regulations. This project would determine if additional facilities, such as a pre-sedimentation basin, will be needed to treat that water, and what would be the impact of blending that water with the other water sources already being used. On August 2, 1994, the Council approved a professional services contract with Camp Dresser and McKee to perform the Treatability Study. During the selection process, all of the engineering firms pointed out that there will be a significant amount of work required from the City as part of the Information Collection Rule (ICR) of the Safe Drinking Water Act. This issue was recognized by the City when this contract was originally prepared, and a significant amount of work associated with the ICR was included in the Phase II portion of the contract. One of the requirements of the ICR is to evaluate the ability of granular activated carbon (GAC) to remove the organic materials that can interact with chorine to form compounds that may have adverse health effects. Some of this work will be closely related to the work that Camp Dresser and McKee will already be doing for the Treatability Study, and so the engineering services needed to do the ICR/GAC work were included in the Phase I portion of the existing contract. Due to an oversight, the laboratory services to do this work, were included in the Phase II portion of the contract. This contract amendment will move those laboratory services from Phase II to Phase I. Based on information provided by EPA, there appears to be a significant cost advantage to doing this work now. EPA has estimated that doing the ICR/GAC work will cost utilities the size of Wichita about $150,000. As included in this contract amendment, the cost of the work for Wichita will be approximately $48,350 (engineering costs plus laboratory costs). The current contract is for $369,325. This contract amendment will increase that by $41,850, to $411,175. This project will be paid from the adopted 1994 CIP program (project W-501) at a budgeted amount of $500,000. This amount includes engineering services, laboratory work, and the construction of the pilot plant. Motion -- Broadfoot moved that the Contract amendment be approved and the Mayor be -- carried authorized to execute. Motion carried 5 to 0. (Cather, Reeser; absent) CHANGE ORDER CHANGE ORDER NO. 10 - KELLOGG, K-42 TO SYCAMORE. (District IV & VI) Agenda Report No. 95-212. This Change Order adjusts bid quantities and provides for the payment of work which was not included in the bid proposal so that the final payment can be made to the contractor. The major items included in the Change Order are additional footage of sidewalk construction, the addition of concrete paver sealant and the elimination of mulching. This Change Order represents 0.08% of the contract value, and the net value of all change orders on the project represents 0.53% of the contract value. The net amount of the Change Order is $23,042.20. Funds are available in the existing project for this expenditure (Capital Improvement Program Project F-21). The funding source is Local Sales Tax. This expenditure is authorized by Ordinance 42-066. Motion -- Broadfoot moved that the Change Order be approved and the Mayor be authorized to -- carried execute. Motion carried 5 to 0. (Cather, Reeser; absent) (Item No. 11) COPS MORE GRANT APP. COPS MORE GRANT APPLICATION. Mayor Broadfoot Mayor Broadfoot said the Sedgwick County Sheriff's Department is making joint application with the Wichita Police Department. Agenda Report No. 95-213. The Dept. of Justice is accepting grant applications for the Community Oriented Policing - Making Officer Redeployment Effective (COPS MORE) grant program. The grant program, funded through the federal crime bill, is for equipment and technology, support resources (including civilian personnel), and officer overtime. The Police Department, along with all other local law enforcement agencies in Sedgwick County, was approached by the Sedgwick County Sheriff's Department and asked to participate in a COPS MORE application for mobile computer terminals for law enforcement patrol cars. In addition, Sedgwick County offered to provide the local match through the 9-1-1 tax fund. The City will receive 84 mobile computer terminals (MCTs) which will provide a terminal for each current patrol vehicle. The Police Department has analyzed the use of MCTs and has determined that they will provide time savings equal to 35.6 positions by reducing the time for a records check from four minutes to one minute and reducing the time to generate an incident report from 55 minutes to 22.5 minutes. Sedgwick County is providing $666,141 for the 25 percent local match from the 9-1-1 tax fund; thus, there is no cost to the City for the grant application. The MCTs will entail approximately $20,000 per year for maintenance, and the grant does not provide enough terminals, which cost approximately $14,000 each, to fully equip the Police Department. The Police Department will submit a request in its annual budget submittal for additional funds to maintain and acquire MCTs. Motion -- Broadfoot moved that the Grant Application be approved and the City Manager be -- carried authorized to sign. Motion carried 5 to 0. (Cather, Reeser; absent) BJ GRANT APPLICATION APPLICATION FOR BUREAU OF JUSTICE GRANT FUNDING. Agenda Report No. 95-214. The Police Department proposes to continue the formal Drug Abuse Resistance Education (D.A.R.E.) Program to work with the Department's School Liaison Section for providing drug prevention counseling and cooperation within the public schools. The grant applications must be submitted by March 31, 1995. The D.A.R.E. grant request is $178,226 with a local match (50%) of $89,113. The required matching funds for the D.A.R.E. grant are currently budgeted in the police department General Fund Budget. Budget match funds will be provided in the City's annual budget. Motion -- Broadfoot moved that the Grant Application be approved and Staff be authorized to -- carried submit and receive funds. Motion carried 5 to 0. (Cather, Rogers; absent) CENTURY II RESOLUTION AUTHORIZING CENTURY II STAGE EQUIPMENT RENOVATION AND REPLACEMENT. Agenda Report No. 95-215. Some of the equipment for Century II is beyond repair. This request includes replacement of wooden stage floors in Concert Hall, Convention Hall, and Mary Jane Teall Theater; replacement of fixed and follow spots; the addition of more infrared heating systems; and replacing and upgrading sound systems. Repair costs and unavailability of parts makes further postponement a risk to our ability to provide the level of service necessary to compete in this market. The CIP project will be funded by General Obligation Bonds. Motion -- carried Broadfoot moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Reeser; absent) RESOLUTION NO. R-95- 115 A Resolution declaring it necessary to perform interior renovation and replacement of stage equipment at a preliminary estimate of the cost thereof be prepared and declaring it to be the intention of the governing body to issue City of Wichita General Obligation Bonds in an amount not to exceed $377,000 and relating thereto, presented. Broadfoot moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Reeser; absent) Yeas: Cole, Ferris, Kamen, Reeser, Broadfoot. ORDINANCES SECOND READING ORDINANCES. ORDINANCE NO. 42-623 Rand Publishing An Ordinance of the City of Wichita, Kansas, authorizing execution of a first amended lease by and between the City and Rand Graphics, Inc., read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Cather, Rogers; absent) Yeas: Cole, Ferris, Kamen, Reeser, Broadfoot. ORDINANCE NO. 42-624 Flood Insurance Study An Ordinance declaring it necessary to authorize improvements to the Flood Insurance Study (Project No. 468-82430, in the City of Wichita, Kansas; ordering and providing for the improvements thereof; and providing for payment of the cost thereof, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Cather, Rogers; absent) Yeas: Cole, Ferris, Kamen, Reeser, Broadfoot. ORDINANCE NO. 42-625 Sump Pump Procedures An Ordinance amending Section 16.04.330 of the City Code pertaining to the right of entry to inspect for violations of Sections 16.04.290 and 16.04.300 and repealing the original of said Section, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Cather, Rogers; absent) Yeas: Cole, Ferris, Kamen, Reeser, Broadfoot. ORDINANCE NO. 42-626 Club Noise Violations An Ordinance amending Section 4.12.090 of the Code of the City of Wichita, Kansas, pertaining to the authority of the Chief of Police to suspend a license to sell cereal malt beverages, and repealing the original of said Section, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Cather, Rogers; absent) Yeas: Cole, Ferris, Kamen, Reeser, Broadfoot. ORDINANCE NO. 42-627 Club Noise Violations An Ordinance amending Section 4.12.090 of the Code of the City of Wichita, Kansas, pertaining to the authority of the Chief of Police to suspend a license to sell cereal malt beverages, and repealing the original of said Section, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Cather, Rogers; absent) Yeas: Cole, Ferris, Kamen, Reeser, Broadfoot. ORDINANCE NO. 42-628 1002 South Seneca An Ordinance providing for the acquisition by eminent domain of certain private property, easements, and right-of-way therein, for the purpose of street improvements and to be known as the South Seneca project in the City of Wichita, Sedgwick County, Kansas; designating the lands required for such purposes and directing the City Attorney to file a petition in the District Court of Sedgwick County, Kansas, for acquisition of the lands and easements therein taken and providing for payment of the cost thereof, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Cather, Rogers; absent) Yeas: Cole, Ferris, Kamen, Reeser, Broadfoot. ORDINANCE NO. 42-629 904-910 South Seneca An Ordinance providing for the acquisition by eminent domain of certain private property, easements, and right-of-way therein, for the purpose of street improvements and to be known as the South Seneca project in the City of Wichita, Sedgwick County, Kansas; designating the lands required for such purposes and directing the City Attorney to file a petition in the District Court of Sedgwick County, Kansas, for acquisition of the lands and easements therein taken and providing for payment of the cost thereof, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Cather, Rogers; absent) Yeas: Cole, Ferris, Kamen, Reeser, Broadfoot. ORDINANCE NO. 42-630 Easements An Ordinance providing for the acquisition by eminent domain of certain private property, easements, and right-of-way therein, for the purpose of street improvements and to be known as the South Seneca project in the City of Wichita, Sedgwick County, Kansas; designating the lands required for such purposes and directing the City Attorney to file a petition in the District Court of Sedgwick County, Kansas, for acquisition of the lands and easements therein taken and providing for payment of the cost thereof, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Cather, Rogers; absent) Yeas: Cole, Ferris, Kamen, Reeser, Broadfoot. ORDINANCE NO. 42-631 Easements An Ordinance providing for the acquisition by eminent domain of certain private property, easements, and right-of-way therein, for the purpose of street improvements and to be known as the South Seneca project in the City of Wichita, Sedgwick County, Kansas; designating the lands required for such purposes and directing the City Attorney to file a petition in the District Court of Sedgwick County, Kansas, for acquisition of the lands and easements therein taken and providing for payment of the cost thereof, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Cather, Rogers; absent) Yeas: Cole, Ferris, Kamen, Reeser, Broadfoot. ORDINANCE NO. 42-632 Z-3141 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. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Cather, Rogers; absent) Yeas: Cole, Ferris, Kamen, Reeser, Broadfoot. Z-3141 ORDINANCE NO. 42-633 Z-3136 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. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Cather, Rogers; absent) Yeas: Cole, Ferris, Kamen, Reeser, Broadfoot. Z-3136 ORDINANCE NO. 42-634 Z-3137 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. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Cather, Rogers; absent) Yeas: Cole, Ferris, Kamen, Reeser, Broadfoot. Z-3137 ORDINANCE NO. 42-635 Z-3142 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. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Cather, Rogers; absent) Yeas: Cole, Ferris, Kamen, Reeser, Broadfoot. Z-3142 PRESERVATION ORDINANCE ORDINANCE AMENDING SECTION 2.12.1024 OF THE CITY CODE PERTAINING TO THE PRESERVATION ORDINANCE. (HISTORIC) Agenda Report No. In 1991, the City Council approved a number of amendments to the Preservation Ordinance. One of those changes involved streamlining the procedures for handling Certificates of Appropriateness. When the amendments were adopted, the section dealing with review of moving and demolition permits (2.12.1024) was not amended properly to reflect the procedural change. Although 2.12.1024a and b refer to the procedures in the preceding subsection, 2.12.1024c states that the City Council "shall hold a hearing" on moving and demolition permits. The Department of Law advised that this subsection should be deleted to eliminate any ambiguity about the process. Therefore, this amendment would delete subsection 2.12.1024c so there is no doubt that for all "major projects" the City Council must only hear appeals to the decisions of the Preservation Board. Motion -- Broadfoot moved that the Ordinance be placed on first reading. Motion carried -- carried 5 to 0. (Cather, Reeser; absent) ORDINANCE An Ordinance amending Section 2.12.1024 of the City Code of the City of Wichita, Kansas, pertaining to the preservation ordinance, introduced and under the rules laid over. EXECUTIVE SESSION Motion -- Broadfoot moved that the Council recess to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to pending litigation, legal advice, contract negotiations; preliminary discussions relating to the acquisition of real property for public purposes; and confidential data relating to the financial affairs or trade secrets of a business; and the regular meeting be resumed at 1:20 P.M. Motion -- carried carried 5 to 0. (Cather, Reeser; absent) RECESS Council recessed at 12:20 P.M. and reconvened in regular session at 1:45 P.M. Mayor Broadfoot Mayor Broadfoot announced that no action was necessary as a result of the executive session. Motion -- Broadfoot moved that the Council recess to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to legal advice, contract negotiations; preliminary discussions relating to the acquisition of real property for public purposes; and confidential data relating to the financial affairs or trade secrets of a business; and the regular meeting be resumed at 2:05 P.M. Motion -- carried carried 5 to 0. (Cather, Reeser; absent) RECESS Council recessed at 1:45 P.M. and reconvened in regular session at 2:08 P.M. Mayor Broadfoot Mayor Broadfoot announced that no action was necessary as a result of the executive session. Adjournment The City Council meeting adjourned at 2:08 p.m. Pat Burnett Deputy City Clerk PLANS AND SPECS PLANS AND SPECIFICATIONS. a. Water Distribution System to serve Savanna at Castle Rock Ranch 7th Addition (north of 13th, east of 143rd Street East). (448-88872/732511/470329) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 11-29-94) b. Sanitary Sewer Reconstruction from south of Munnell to Dayton on Seneca. (468-82452/621011/533205) Traffic to be maintained through construction. (Council approval date 12-14-93) (District 6) c. Lateral 129, Main 4, Sanitary Sewer #23 Meadow Creek Addition (south of 29th, west of Fairview). (468- 82445/742213/480313) Does not affect existing traffic. (Council approval date 01-10-95) (District 6) d. Osie from the east line of Cranbrook to and including the cul-de-sac in Huntcrest 2nd and Grundman Additions (east of Webb, south of Harry). (472- 81658/762955/490398) Traffic will not be carried through construction. (Council approval date 06-23-87) (District 2) e. Prescott from the east line of Lot 50, Block 12, Pawnee Mesa Addition to the east line of Prescott Court; Prescott and Prescott Court from the north line of Pawnee Avenue to and including the cul-de-sac; Blake from the west line of Prescott to the east line of Rutledge; and on Rutledge and Rutledge Circle from the southwest corner of Lots 28, Block 12, Pawnee Mesa Addition to and including the cul-de-sac in Pawnee Mesa Addition (north of Pawnee, west of Lark). (472- 82490/762740/490377) Does not affect existing traffic. (Council approval date 08-16-94) (District 5) f. 1995 Contract Maintenance Asphalt Concrete Overlay of Arterial Concrete Streets at various locations. (132308 (621029 MH Adj) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 12-20-94) (District all) g. 1995 Contract Maintenance Reclamite Seal of Residential Streets at various locations. (131540) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 12-20-94) (District all) Motion -- Broadfoot 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., March 24, 1995. Motion carried 5 to 0. (Cather, Rogers; absent) JOURNAL 158 MARCH 14, 1995 Page 3