MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, February 28, 1995 Tuesday, 9:12 A.M. The City Council met in regular session with Mayor Broadfoot in the Chair. Council Members Cather, Cole, Ferris, Kamen, Reeser, Rogers; present. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Patricia L. Burnett, Deputy City Clerk; present. Minutes -- The minutes of the regular meeting of February 21, 1995, were -- approved approved 7 to 0. CITY COUNCIL AGENDA APPOINTMENTS APPOINTMENTS TO THE ART MUSEUM BOARD. Motion -- Broadfoot moved that the appointments of the representatives from the Friends of the Art Museum Board be deferred one week. Discussion was had regarding whether or not more than two persons from the Friends Board could be appointed to the Wichita Art Museum Board. Joe Lang First Assistant City Attorney said there is no legal impediment to appointing more than two members of the Friends Board to the Art Museum Board. The Council could prohibit more than two Friends Board members from being appointed to the Wichita Art Museum Board. -- carried Motion carried 7 to 0. Council Member Rogers Council Member Rogers said he did not find anything in the administration of the Art Museum from the management standpoint that is anything but bordering on outstanding and it is certainly excellent. Two things that must be done if the situation is to be resolved are: 1. The memorandum of understanding. The City Council ought to charge the new Art Museum Board with the memorandum of understanding being the first item of business. 2. That the Council go on record as providing a vote of confidence for the Director of the Art Museum. Joe Lang First Assistant City Attorney said the City Council has no personnel authority but may make a statement if desired. Council Member Rogers Council Member Rogers said, "I believe that the current Exec. of the Wichita Art Museum has done an outstanding job and I want to acknowledge that publicly." Mayor Broadfoot Mayor Broadfoot concurred with Council Member Rogers statement. Council Member Cole Council Member Cole also concurred and said that what she is looking for in putting together the Art Museum Board is an opportunity for the current director to have some time when there is not great dissension going on to focus upon the Museum and the programs and get on with business. A real fear is that the City Council will create a nine-member board that will continue the battle. Council Member Kamen Council Member Kamen said the programs for the Art Museum seem good and it is hoped that will continue. Motion -- carried Reeser moved that his appointment be deferred one week. Motion carried 7 to 0. Motion -- Kamen appointed Ivonne Goldstein and moved that the appointment be approved. -- carried Motion carried 7 to 0. Motion -- Rogers appointed Maxine Lesline and moved that the appointment be approved. -- carried Motion carried 6 to 1. Cather - No. Motion -- Ferris appointed Jeff Harrison and moved that the appointment be approved. -- carried Motion carried 7 to 0. Motion -- Cather appointed Richard H. Maeder and moved that the appointment be approved. -- carried Motion carried 7 to 0. Motion -- Cole appointed Alvin Salle and moved that the appointment be approved. Motion -- carried carried 7 to 0. Motion -- Broadfoot appointed Brenda Nunley and moved that the appointment be approved. -- carried Motion carried 7 to 0. CONSENT AGENDA Broadfoot moved that the Consent Agenda, except Items 2, 8, 26, and 28b, be approved in accordance with the recommended action shown thereon. Motion carried 7 to 0. BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED FEBRUARY 21, 1995. At 10:00 a.m., Friday, February 17, 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 2/21/95) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS 1995 Arterial Sidewalk and Wheelchair Ramp Construction (Phase I) at various locations. (472-82555) Does not affect existing traffic. (Council approval date 01-31-95) (District - all) Barkley Construction - $204,725.00 (Engineer's Estimate) Constructing a water distribution system to serve White Tail Addition (south of 13th, west of 127th Street East). (448-88768/732487/470326) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 11-30-93) (District n/a) Duling Constructing Company, Inc. - $39,487.00 Constructing a water distribution system to serve White Tail Addition (south of 13th, west of 127th Street East). (448-88769/732495/470327) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 11-30-93) (District n/a) Duling Constructing Company, Inc. - $ 67,363.00 Aggregate Bid Total for Both Projects - $106,850.00 Improviding Timbercreek Circle from the east line of Meridian to and including the cul-de-sac; and Timbercreek Courts from the north line of Timbercreek Circle to and including the cul-de-sac serving Lots 17 through 26, Block 1, and from the north line of Timbercreek Circle to and including the cul-de-sac serving Lots 30 through 40, Block 1, Harbor Isle Addition (east of Meridian, south of 53rd Street North). (472-72489/762658/490368) Does not affect existing traffic. (Council approval date 07-26-94) (District V) Ritchie Paving - $202,047.90 (Alternate #2) Constructing a water distribution system to serve Harbor Isle Addition (east of Meridian, south of 53rd Street North). (448-88851/732370/470315) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 07-26-94) (District VI) Mies Construction Company, Inc. - $87,020.50 Constructing a water distribution system to serve Harbor Isle Addition (east of Meridian, south of 53rd Street North). (448-88852/732388/470316) Does not affect existing traffic. (Council approval date 07/26/94) (District VI) Mies Construction Company, Inc. - $ 37,258.00 Aggregate Bid Total for Both Projects - $124,278.50 The Board of Bids and Contracts recommended that the contracts be awarded as outlined above, subject to check, same being the lowest and best bid and within the Engineer's construction estimate. Broadfoot moved that the contracts be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign the contract for the City. Motion carried 7 to 0. CITY MANAGER/OFFICE OF CENTRAL INSPECTION - NEIGHBORHOOD IMPROVEMENT SERVICES: FOOTINGS, FOUNDATIONS, AND BASEMENTS FOR VAROUS LOCATIONS AS PER SPECIFICATIONS Group I: Beran Concrete, Inc. - $ 7,450.00 Group II: Beran Concrete, Inc. - $21,800.00 Group III: Beran Concrete, Inc. - $11,500.00 The Board of Bids and Contracts recommended that the contract be awarded as outlined above, same being the lowest and best bid. Broadfoot moved that the contract be awarded as outlined above, same being the lowest and best bid. Motion carried 7 to 0. (Item No. 2) LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Council Member Reeser declared a conflict of interest and abstained from participation. Renewal 1995 (Consumption on Premises) Steven A. Miklosi Barnacle Bill's FantaSea3330 N. Woodlawn Charles D. Vaughn Li'L Mexico, Inc.1601 E. Pawnee Kevin Raven Taco Tico 3255 E. Harry Kevin Raven Taco Tico 1303 N. Tyler Kevin Raven Taco Tico 929 N. Broadway (Consumption off premises) Timothy S. Kellogg QuikTrip #389 4730 E. Central New Operator 1995 (Consumption on Premises) Kevin Raven Taco Tico 960 N. West Street (Consumption off Premises) Timothy S. Kellogg QuikTrip #360 3935 W. 13th Street Timothy S. Kellogg QuikTrip #373 1610 E. Lincoln Timothy S. Kellogg QuikTrip #320 1021 W. 31st Street S. Timothy S. Kellogg QuikTrip #349 1110 W. Douglas New Establishment 1995 (Consumption off Premises) Timothy S. Kellogg QuikTrip #315 1530 S. Maize Road Motion -- Broadfoot moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 6 to 0. (Reeser abstained) PLANS AND SPECS PLANS AND SPECIFICATIONS. a. 1995 Contract maintenance micro-surface seal of arterial asphalt streets at various locations. (132274) Does not affect existing traffic. (Council approval date 12-20- 94) (District all) b. 1995 Contract maintenance asphalt concrete overlay of asphalt streets at various locations. (132324) Does not affect existing traffic. (Council approval date 12-20-94) (District all) c. 1995 Sanitary Sewer Rehabilitation Program - Phase II (various locations). (621060) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 12-14-93) (District all) d. 1995 Sanitary Sewer Rehabilitation Program - Phase III (various locations). (621078) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 12-14-93) (District all) e. Improving North Shore Circle from the east line of North Shore Boulevard to and including the cul-de- sac; and North Shore Courts from the east line of North Shore Circle to and including the cul-de-sac serving Lots 18 through 30 and Lots 35 through 41, Block 1, Barefoot Bay Addition (north of 21st Street, East of Ridge). (472-82478/762641/490367) Does not affect existing traffic. (Council approval date 07-12-94) (District V) f. Improving Custer Court from the west line of Custer to and including Hammerhead, Ebersole Addition (west of Custer, south of 13th Street). (472-82496/762906/490383) Does not affect existing traffic. (Council approval date 08-23- 94) (District VI) 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 10, 1995. Motion carried 7 to 0. PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. 1995 Arterial sidewalk and wheelchair ramp construction (Phase I) at various locations - $225,425. (472-82555) Does not affect existing traffic. (Council approval date 01-31-95) (District - all) b. Constructing a water distribution system to serve White Tail Addition (south of 13th Street, west of 127th Street East) - $87,383.40. (448-88768/732487/470326) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 11-30-93) (District n/a) c. Constructing a water distribution system to serve White Tail Addition (south of 13th Street, west of 127th Street East) - $138,225.91. (448-88769/732495/470327) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 11-30-93) (District n/a) d. Constructing Lateral 10, Main 6, Southwest Interceptor Sewer, to serve Lot 1 Willo-Esque Center Addition (north of Maple, east of Ridge) - $31,000. (468- 82448/n/a/) Does not affect existing traffic. (Council approval date 01-24-95) (District V) e. Improving Timbercreek Circle from the east line of Meridian to and including the cul-de-sac; and Timbercreek Courts from the north line of Timbercreek Circle to and including the cul-de-sac serving Lots 17 through 26, Block 1, and from the north line of Timbercreek Circle to and including the cul-de-sac serving Lots 30 through 40, Block 1, Harbor Isle Addition (east of Meridian, south of 53rd Street North) - $300,000. (472-72489/762658/490368) Does not affect existing traffic. (Council approval date 07-26-94) (District V) f. Constructing a water distribution system to serve Harbor Isle Addition (east of Meridian, south of 53rd Street North) - $162,000. (448-88851/732370/470315) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 07-26-94) (District VI) g. Constructing a water distribution system to serve Harbor Isle Addition (east of Meridian, south of 53rd Street North) - $78,055.50. (448-88852/732388/470316) Does not affect existing traffic. (Council approval date 07/26/94) (District VI) h. Constructing an elevated walkway, landscaping and associated improvements to serve the properties on Mosley between First and Second (Keen Kutter) - $60,000. (705939/472-82468/405147) i. Constructing a decel lane and major entrance on the west side of Maize Road to serve Lots 2 and 3, Timber Grove Lakes - $20,000. (762922/472-81387/490395) Motion -- Broadfoot moved that the preliminary estimates be approved and filed. Motion -- carried carried 7 to 0. PETITION PETITION (100%). Agenda Report No. 95-149. The signatures on the Petition represent 100% of the improvement district. The Project will provide drainage improvements needed for a new church building. Petition for Storm Water Sewer No. 443 to serve part of Fairfield Estates and Capital Addition (south of 13th Street, west of Rock Road). Estimated project cost is $35,000 - S.A. (District II) Motion -- Broadfoot moved that the Petition be approved, and the Resolution be adopted and -- carried the Mayor be authorized to sign. Motion carried 7 to 0. RESOLUTION NO. R-95- 078 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Sewer No. 443 (south of 13th, west of Rock) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Broadfoot moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. BOARDS MINUTES MINUTES OF ADVISORY BOARDS. Board of Appeals of Air Conditioning, Refrigeration, Warm Air Heating & Boilers, 1/26/95 Board of Appeals of Plumbers and Gas Fitters, 2/7/95 Board of Electrical Appeals, 1/10/95 CPO Northeast Council 1, 2/6/95 CPO Southwest Council 4, 2/9/95 CPO North Central Council 6, 2/8/95 CPO Coordinating Board, 2/1/95 Human Services Board, 1/26/95 Public Art Advisory Board, 1/12/95 Wichita Airport Authority, 1/17/95 Wichita Commission on Status of People With Disabilities 1/25/95 Wichita Metropolitan Transit Authority, 1/31/95, 12/15/94 Wichita/Sedgwick County Alcohol & Drug Abuse Advisory Board, 1/12/95 Wichita/Sedgwick County Board of Health, 2/9/95, Subcommittee, 2/13/95 Wichita/Sedgwick County Metropolitan Area Planning Commission, 1/12/95 Motion -- carried Broadfoot moved that the Minutes be received and filed. Motion carried 7 to 0. STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USE REQUESTS. There were no street closures/uses considered. (Item No. 8) RFP - VICTORIA PARK REQUEST FOR PROPOSALS TO PURCHASE VICTORIA PARK APARTMENTS. (District VI) Agenda Report No. 95-150. Victoria Park Apartments is a three-story building located at 612 E. Douglas just west of the Old Town area. The City Council approved acquisition of this property from the Department of Housing and Urban Development (HUD) on September 14, 1993. The acquisition was finalized on September 30, 1994. The property is improved with 20 apartment units in the upper two floors and commercial space on the ground level. The apartment units are subject to a Housing Assistance Payments (HAP) contract. This contract provides rental subsidies for a period of 15 years. It also requires that the apartments remain rental or cooperative units for lease to very-low income individuals for a period of 20 years. The building is in relatively good physical condition and is well located in relation to Old Town. A Request for Purchase Proposal (RFP) has been developed by staff and is attached. The RFP describes the physical and contractual aspects of Victoria Park Apartments. It also requests that any potential purchaser describe in detail their plans for the building itself and any ancillary benefits that their involvement may have for the Downtown Revitalization effort. Staff feels that the needs and goals of the City can be better met by non-governmental ownership of Victoria Park Apartments and recommends that an attempt to sell the project be made. Cash distributions from the project are limited to $1,400.00 per year plus any net cash flow derived from the commercial space. Proceeds from sale will be limited to the City's purchase price plus costs. Council Member Reeser Council Member Reeser said he needed some additional time to review the item and get information from staff. Motion -- carried Reeser moved that this item be deferred one week. Motion carried 7 to 0. (Later in the meeting the Council returned to this Item.) (Council Member Rogers absent) Motion -- Reeser moved that Victoria Park Apartments RFP be reconsidered. Motion carried -- carried 6 to 0. (Rogers absent) Motion -- Reeser moved that the Request for Proposal be approved and staff be allowed to -- carried distribute it to prospective purchasers. Motion carried 6 to 0. (Rogers absent) CLAIMS ALLOWED REPORT ON CLAIMS ALLOWED - JANUARY, 1995. Name of Claimant Amount John Moskal $ 66.50 Chris Gilstrap $354.71* Sherry Murphy $273.65 Mark Leivian $140.00 State Farm Insurance/ S. Tolbert $448.00* Donald R. Munday $465.91 *Settled for lesser amounts. Motion -- carried Broadfoot moved that the Report be received and filed. Motion carried 7 to 0. WEAPONS DESTRUCTION WEAPON DESTRUCTION LIST. Agenda Report No. 95-151. Weapons seized in connection with criminal activity shall be destroyed or forfeited to the Wichita Police Department. All transactions involving weapon disposal must have prior approval of the City Manager. A list of weapons being destroyed has been provided. Destruction of the weapons will be witnessed and monitored by Staff. Motion -- carried Broadfoot moved that the Report be received and filed. Motion carried 7 to 0. HOME FUNDS APP. APPLICATION FOR STATE HOME FUNDS, TENANT BASED RENTAL ASSISTANCE. Agenda Report No. 95-152. The State of Kansas offered three HOME grants of up to $300,000 each for tenant-based rental assistance (TBRA). Thirty per cent of the grant, or "coupons", were required to be used to assist persons with mental disabilities. The balance of the units are to serve the regular Section 8 waiting list. Although the State HOME Program does not require it, Sedgwick County Mental Health Department has agreed to offer supportive services to all participants. Service providers include Sedgwick County Community Support Services (CSS), St. Joseph Medical Center, CLASS at St. Francis Regional Medical Center, Mental Health Association of South Central Kansas, Project Independence and Breakthrough Club. Specific services will include Hospitalization, Respite Care, Case Management, Partial Hospital, Attendant Care, Flexible Funds, Social Support and Clinical Services. Detailed explanations of these services are outlined in Exhibit A of the application. The TBRA program will assist a minimum of thirty-three (33) units for up to twenty-four (24) months. Ten of these would be set aside for persons with mental disabilities. The twenty-four months of assistance offered by the state should provide enough time to move our HOME funded clients off of their HOME "Coupon" onto a regular Section 8 Voucher or Certificate. At the end of 24 months, all of the tenants should be switched over to an existing Section 8 voucher or certificate. If not, an alternative source of funding will need to be identified or secured. Motion -- Broadfoot moved that the application be approved and the Mayor be authorized to -- carried sign. Motion carried 7 to 0. PROGRAM GRANT COMPREHENSIVE COMMUNITIES PROGRAM GRANT - PHASE II GRANT AWARD. Agenda Report No. 95-153. In April, 1993, the City of Wichita was notified by the U.S. Bureau of Justice Assistance that it was one of the sixteen communities selected to participate in a new, two-phased, competitive grant program entitled the Comprehensive Communities Program (CCP). Phase I of the program provided the City with a $50,000 planning grant to develop comprehensive crime control strategies which require law enforcement and other governmental agencies to work in partnership with the community to develop solutions to identified problems. Sixteen jurisdictions were selected to participate in the Phase I, planning phase. Communities were invited to submit a competitive Phase II funding application to implement planned strategies. On August 9, 1994, the City Council approved the submission of a Phase II grant application to the U.S. Bureau of Justice Assistance for $2.27 million dollars to implement crime control and community mobilization strategies developed during the Phase I process. On February 7, 1995, the Bureau of Justice Assistance approved a Phase II grant in the amount of $1,864,649. Only six communities were selected by the U.S. Bureau of Justice Assistance for Phase II grants. The grant provides funding for community policing, community mobilization and prevention initiatives, comprehensive gang initiatives, community prosecution and diversion, drug courts with diversion to treatment and community-based alternatives to incarceration. Funding by program component is as follows: Community Mobilization/Prevention $146,550 Comprehensive Gang Initiative $146,551 Community Prosecution/Diversion $146,550 Drug Courts With Diversion $200,000 Community-Based Alternatives $225,000 Community Policing $999,999 Total $1,864,650 The term of the grant is fifteen months beginning October 1, 1994 and ending January, 1996. No local matching funds are required for the grant. However, there will be a budgetary impact in 1996 (estimated at $861,658) when the grant period ends if the City Council elects to continue programs defined in the grant. The grant funds Community Police Officers, Site Coordinators, Neighborhood Environmental Court personnel and related operational costs. The grant award documents must be executed by the City and submitted to the U.S. Bureau of Justice Assistance to accept the grant. Motion -- Broadfoot moved that the Grant be approved and the Mayor be authorized to sign. -- carried Motion carried 7 to 0. EQUIPMENT PURCHASE PURCHASE COMMUNICATIONS EQUIPMENT. Agenda Report No. 95-154. The Police Department requested twelve portable radios plus to chargers be purchased to support Patrols East and West. Radios are budgeted for personnel without radios. This purchase will provide radio communication for each officer and inspector. The purchase will cost $25,686.00. The equipment to be purchased must be compatible to the 800 MHz trunked communications system operated by the Department of Emergency Communications. The equipment must be integrated into the shared mobile relay to provide efficient and dependable range and clarity of communications. The compatible equipment is available only from Motorola Communications and Equipment. There are sufficient funds available for the purchase of equipment from the current 1995 budget. Motion -- Broadfoot moved that the purchase be approved under the provision of the -- carried purchasing ordinance for sole source of supply. Motion carried 7 to 0. LIQUOR TAX CONTRACT 1995 SPECIAL LIQUOR TAX FUND CONTRACT. (District VI) Agenda Report No. 95-155. On August 9, 1994, the City Council approved special liquor tax funds for Miracles, Inc. in the amount of $31,570. The contract with Miracles, Inc. provides partial funding for a licensed substance abuse reintegration program for women with dependent children. It is projected that in 1995 Miracles will admit 30 chemically dependent women with children and provide 520 hours of group substance abuse counseling. Miracles is an active participant in the local Providers' Consortium. The Wichita-Sedgwick County Alcohol and Drug Abuse Advisory Board (ADAAB) recommended approval of the funding allocation. Miracles' funding source is special liquor tax funds in the amount of $31,570. The term of the contract is for the period January 1, 1995 through December 31, 1995. Motion -- Broadfoot moved that the Contract be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. ENGINEERING SERVICES BELT FILTER PRESS ENGINEERING SERVICES. Agenda Report No. 95-156. On December 14, 1993, Council adopted the Biosolids Treatment and Management Plan. In order to fund the mandated improvements recommended in the Plan, Council approved appropriate sewer rate adjustments for 1994, 1995, and 1996. Council also approved an amended CIP, as well as, amended operating budgets. In parallel with the facilities design, Mid- Kansas Engineering Consultants (MKEC) was selected to engineer the purchase and installation of a third belt filter press. MKEC was selected based on a cost effective proposal and the need of expediting the installation of the equipment. Brown & Caldwell's engineering evaluation of solids loading indicates a fourth press will need to be installed to accommodate peak loading and maintenance activities. The engineer and staff also recommend replacement of a small biosolids conveying system that is beyond its useful life. Staff and Brown & Caldwell believe savings can be realized by not having a new engineering firm become involved in this phase of the work. Council was apprised of this development on February 7, 1995 as a part of the agenda item proposing Supplemental Agreement #4 with Brown & Caldwell. The total amount of the contract and three supplemental agreements with MKEC will be $46,000 on a project with real and projected costs totaling $760,957. This would make engineering services approximately 5.7% of the total project. This percentage is considered low when compared to projects of similar complexity. Sufficient funds remain in CIP S-335 to cover the engineering portion of the work. Total cost of the engineering services is not to exceed $25,000. Equipment & labor will be funded through CIP S-500 as approved by Council on February 7, 1995. USEPA regulations, 40 CFR Part 503 requires municipalities implement an approved method of biosolids treatment, reuse/disposal and to comply with the National Pollutant Discharge Elimination System (NPDES) permit. Failure to comply would result in civil and/or criminal penalties. Motion -- Broadfoot moved that the Supplemental Agreement be approved and the Mayor be -- carried authorized to execute. Motion carried 7 to 0. AGREEMENT - RAILROAD AGREEMENT FOR RAILROAD CROSSING IMPROVEMENTS ON NORTH SHORE CIRCLE IN BAREFOOT CROSSING IMPROVEMENTS BAY ADDITION (NORTH OF 21ST STREET, EAST OF RIDGE ROAD). (KANSAS SOUTHERN RAILWAY, L.L. C.) Agenda Report No. 95-157. The Barefoot Bay Addition plat was approved by the City Council on July 12, 1994. This addition is located at the site of the old Ritchie sand plant and paving company north of the Missouri Pacific railroad tracks which are approximately 1/2 mile east of Ridge Road. Access to the addition is via North Shore Boulevard, north from 21st Street North across the MOPAC tracks. On July 12, 1994, and January 10, 1995, the City Council approved paving petitions for streets serving this addition, including improved railroad crossings (crossing surfaces and signals) where North Shore Circle crosses two sets of railroad tracks. This Agreement will provide for the installation of railroad crossing signals and concrete crossing materials at the crossing locations created by the paving of North Shore Circle. The cost of the railroad signal installation and crossing improvements will be paid entirely by special assessment charges attributed to this development. Motion -- Broadfoot moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. CONSULTANT CONTRACT SUPPLEMENTAL AGREEMENT WITH BLACK & VEATCH ENGINEERING CONSULTANTS FOR SERVICES RELATED TO ISSUANCE OF REVENUE BONDS. Agenda Report No. 95-159. On January 11, 1994, the City Council approved a contract with Black & Veatch for Engineering and Management Bond Services in relation to a prospective revenue bond issue for the Water and Sewer Utilities and the commission of a conditions and operations report for these same utilities required under the terms of the existing bond covenants. Under Section IV, Subsection D of this original contract, provision is made for the execution of a supplemental agreement for work performed outside of the scope of the services delineated in the original contract. It is necessary for Black & Veatch to perform additional work relative to the prospective issuance of revenue bonds for the Storm Water Utility and in relation to provisions of existing bond covenants governing the financial merger of the Storm Water Utility with the Sewer Utility. It is also necessary to update engineering and financial data relative to the Water and Sewer Utilities. Execution of the merger provision of the covenants and the joint issuance of revenue bonds is considered to be advantageous in that it is anticipated that the interest rates on revenue bonds issued by a stand alone Storm Water Utility and secured only by Storm Water revenues would be substantially higher. The cost of this Supplemental Agreement is for a not to exceed amount of $58,000. This cost shall be financed as a part of the issuance cost of the revenue bond issue. However, the joint issuance made possible by this analysis is deemed to be financially advantageous for reasons cited above. The existing bond covenants require an analysis by the Consulting Engineer prior to revenue bond issuance and the execution of the merger provision as outlined in the covenant. Motion -- Broadfoot moved that the Supplemental Agreement be approved and the Mayor be -- carried authorized to execute. Motion carried 7 to 0. RFP - PLANS, AERIAL REQUEST FOR PROPOSALS FOR REPRODUCTION AND DISTRIBUTION SERVICES OF PLANS, AERIAL PHOTOS AND MAPS PHOTOS AND MAPS. Agenda Report No. 95-159. The City receives bids in the Department of Finance up to 10:00 a. m., on the Friday specified for each construction project. Plans and specifications for these projects are currently available in the Department of Engineering ten (10) days prior to the date bids are received. The plans and specifications are copied by an outside vendor according to contract. The contract was up for renewal in January, 1995. In December, 1994, Request for Proposals were solicited. The scope of the services was enhanced to include an alternative for the vendor to copy the specifications, but also to keep them at the vendor's location instead of delivering to the City Hall. The vendor selected had to reside within a three (3) mile radius of City Hall. The scope of services also included an option to continue to deliver specifications to the City with same day service. There were two proposals received and evaluated. The proposals were evaluated on the basis of handling and distribution of plans and specifications for Engineering as well as direct line, maps, sepia, aerial photos for various City Departments, Boards and Agencies. The alternative option was selected to facilitate contractors and eliminate some billing and/or money handling done by the City to and/from vendors. Kansas Blueprint, Inc. was selected to provide these services. These services have been budgeted for in 1995. Motion -- Broadfoot moved that the agreement be approved and the Purchasing Manager be -- carried authorized to sign. Motion carried 7 to 0. MAIZE ROAD IMPR. PHASE I MAIZE ROAD IMPROVEMENT (13TH TO 21ST STREET DRAINAGE). (District V) Agenda Report No. 95-160. The 1995 Capital Improvement Program includes funding for Maize Road Improvements, 13th to 21st Street (MS- 430). The street paving project, which will be funded jointly by the City and the Federal Government, is scheduled for letting later this year. The Project includes a storm sewer outfall pipe east of Maize Road that will connect to a proposed extension of an existing storm sewer system in the Graf-Goldston Addition. The developer of the Graf-Goldston addition is now ready to begin the development of a new phase. Plans for the storm sewer extension mentioned previously, and the other associated public improvements have been prepared. Prior to the construction of future residential street paving, it will be necessary to extend the storm sewer to serve Maize Road. Staff recommends that a project be approved to authorize the construction of the Maize Road storm sewer extension in conjunction with the extension of the storm sewer system to serve the next phase of development in the Graf-Goldston Addition. The estimated storm sewer cost is $50,000. The funding source is General Obligation Bonds. Motion -- Broadfoot moved that the project be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-95- 079 A Resolution authorizing the issuance of bonds by the City of Wichita at large to construct Maize Road improvement, 13th to 21st Street North (Phase I, Stormwater Sewer No. 458, 468-82453), presented. Broadfoot moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. 127TH EAST CONSTRUCTION CONSTRUCTION OF 127TH STREET EAST CUL-DE-SAC (SOUTH OF CENTRAL AVENUE). Agenda Report No. 95-161. On November 16, 1993, the City Council approved a plan to close 127th St. East on the north side of Kellogg for safety reasons. It is located adjacent to the new K-96/Turnpike/U.S. 54 interchange. 127th St. East is a mile-line road that is paved with a county-type asphalt mat. The area it serves between Kellogg and Central is largely undeveloped. The estimated cost to construct a cul-de-sac to terminate 127th St. East is $25,000. The funding source is General Obligation Bonds. The funds are available in the arterial section of the City's Capital Improvement Program. Motion -- Broadfoot moved that the project be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-95- 080 A Resolution authorizing the issuance of bonds by the City of Wichita at large to construct an 127th Street East cul-de-sac, south of Central Avenue (472-82559), presented. Broadfoot moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. GRANT APPLICATION COPS AHEAD GRANT APPLICATION. Agenda Report No. 95-162. In November 1994, the City submitted a Letter of Intent to Participate in the Community Oriented Policing - Accelerated Hiring, Education, and Development (COPS AHEAD) grant program. The grant program, which is funded through the federal crime bill, is for salary and benefits only for additional police officers for a period of three years. The grant program provides 75% of the salary and benefits up to a maximum of $75,000 per officer. In December 1994, the Department of Justice notified the City that we had qualified for grant funding for 13 police officers and directed us to complete a grant application to receive final approval for the funding. The grant application has been prepared, and it requests funding for 13 officers to be allocated as: 10 police officers for two new beats to be added to two of the community policing target areas, two detectives to be added to investigations, and one sergeant to be added for community policing training. Due to the size of the application, only one application is provided for review. Since the federal grant is limited to a maximum of $75,000 per officer and since it does not provide funds for equipment, the amount of local expenditures require to participate in this grant program is considerably more than a straight 25% local match. In addition to the $325,000 required as a 25% match to the $975,000 in federal funds, the City must provide $361,050 to cover salary and benefit expenses above the $75,000 per officer limit and $214,810 to equip the officers. The local expenses associated with the three-year grant (which commences in June 1995) will be $182,840 in 1995, $234,370 in 1996, $316,270 in 1997, and $575,290 in 1998 (the grant expires in June 1998). The cost to fund the 13 officers at the conclusion of grant funding will be approximately $750,000 per year. Motion -- Broadfoot moved that the Grant Application be approved and the Mayor be -- carried authorized to sign. Motion carried 7 to 0. CONDEMNATIONS RESOLUTIONS SETTING A PUBLIC HEARING DATE FOR CONDEMNATION OF DANGEROUS AND UNSAFE STRUCTURES. Agenda Report No. 95-163. On February 6, 1995, the Board of Code Standards (BCSA) held a hearing on the following nine (9) properties. These properties are considered dangerous and unsafe structures, and are being presented to schedule a condemnation hearing before the Governing Body. Improvement notices have been issued on these structures, however, compliance has not been achieved. Pre- condemnation and formal condemnation letters were issued and the time granted has expired. No action has been taken to repair or remove the following properties. Property Address Council District (1) 1225 North Mathewson 1 (2) 550 Mathewson 1 (3) 2615 E. 9th 1 (4) 1100 N. Indiana 1 (5) 1203 N. Grove (Garage) 1 (6) 1315 N. Green 1 (7) 1325 N. Green 1 (8) 1342 N. Chautauqua 1 (9) 1920 N. Lorraine 1 These structures have defects that under Ordinance No. 28-251 of the Code of the City of Wichita, shall cause them to be deemed as dangerous and unsafe buildings, as required by State Statute for condemnation and consideration. Motion -- Broadfoot moved that the Resolutions to place this matter on the agenda for a Hearing before the Governing Body on April 18, 1995, at 11:00 a.m. be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-95- 067 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lots 76 and 78, Mathewson Avenue, Granville Park Addition to Wichita, Sedgwick County, Kansas, known as 1225 North Mathewson, in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Broadfoot moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95- 068 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lot 82 and the north 2 feet of Lot 83, on Mathewson Avenue in Shirk's Addition to Wichita, Sedgwick County, Kansas, known as 550 Mathewson, in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Broadfoot moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95- 069 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lots 5 and 6, on Fairview Avenue now 9th Street, in Kaufman & Diedrich's Sub=division in Mossman's Addition to Wichita, Sedgwick County, Kansas, known as 2615 East 9th, in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Broadfoot moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95- 070 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lots 2 and 4 in Priest's Addition to Wichita, Sedgwick County, Kansas, known as 1100 North Indiana, in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Broadfoot moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95- 071 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lots 21 and 23 on Grove Street in Tippecanoe Addition to Wichita, Sedgwick County, Kansas, known as 1203 North Grove (garage), in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Broadfoot moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95- 072 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lots 35 and 37, on Alice now Green Street, Fairmount Park Addition to Wichita, Sedgwick County, Kansas, known as 1315 North Green, in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Broadfoot moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95- 073 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lots 27 and 29, on Alice now Green Street Addition to Wichita, Sedgwick County, Kansas, known as 1325 North Green, in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Broadfoot moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95- 074 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lots 14 and 16, Chautauqua Avenue, in Fairmount Park Addition to Wichita, Sedgwick County, Kansas, known as 1342 North Chautauqua, in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Broadfoot moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95- 075 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lots 25 and 27, Block 4, in College Terrace Addition to Wichita, Sedgwick County, Kansas, known as 1920 North Lorraine, in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Broadfoot moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. WDS IN KESSLER PUBLIC HEARING TO CONSTRUCT A WATER DISTRIBUTION SYSTEM IN KESSLER (DOUGLAS TO FIRST STREET). (District IV) Agenda Report No. 95-164. The homes along Kessler were built in the 1950s on private water wells. Some of these wells are now failing. Adopting the Notice of Hearing resolution will set in motion the legal notification requirement prior to holding a public hearing on March 21, 1995, at 9:00 a.m.. Prior to the public hearing before the City Council, a CPO meeting to discuss the proposed project will be held with affected property owners. The estimated project cost is $36,000, with $34,500 assessed to the improvement district and $1,500 paid by the City water utility. Approving the Notice of Hearing of resolution and publishing it twice on consecutive weeks in the official City newspaper provides the legal notification required by state law. The Council is not approving the project at this time - only establishing the date of a public hearing. Motion -- carried Broadfoot moved that the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-95- 081 A Resolution directing and ordering a public hearing on the advisability of an improvement, presented. Broadfoot moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. STREET LIGHTING STREET LIGHTING RESOLUTION NO. 1-95). Motion -- carried Broadfoot moved that the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-95- 082 A Resolution authorizing and directing Kansas Gas and Electric, a Western Resources Company, to install and/or change certain street lights in the City of Wichita, Kansas, presented. Broadfoot moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. SYCAMORE AND MAPLE DESIGN PROJECT FOR INTERSECTION IMPROVEMENTS AT SYCAMORE AND MAPLE. Agenda Report No. 95-164. On August 30, 1994, the City Council designated the land south of Lawrence-Dumont Stadium for the proposed Ice Rink. At the same time, the City agreed to be responsible for any street improvements required for construction of the Ice Rink. On December 19, 1995, the Staff Screening and Selection Committee selected Savoy, Ruggles & Bohm, P.A. (SRB) to perform the survey and platting for the Ice Rink site. The proposed improvements for Maple include repaving two lanes in each direction with a continuous center left-turn lane and left and right turn bays at appropriate locations. The proposed improvements for Sycamore will include one lane in each direction with a continuous center left-turn lane and left and right turn bays at appropriate locations. The project also includes installation of a new traffic signal. A contract with SRB for design of the proposed improvements has been prepared. Payment to SRB will be made on a lump sum basis not to exceed $23,000. An additional $7,000 is requested for design review. The total $30,000 can be paid from an underexpenditure of funds in the Woodlawn 33rd to 36th Street project. The financial source is General Obligation Bonds. Motion -- Broadfoot moved that the project be approved; the Agreement be approved and the Mayor be authorized to sign; and the Ordinance be placed on first reading. -- carried Motion carried 7 to 0. ORDINANCE An Ordinance declaring the intersection of Sycamore and Maple (472-82557) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, introduced and under the rules laid over. (Item No. 26) FLOOD INSURANCE STUDY FLOOD INSURANCE STUDY UPDATE. (Districts I, III, IV, V, and VI) Agenda Report No. 95-164. On November 7, 1994, the Staff Screening and Selection Committee selected Professional Engineering Consultants (PEC) to update the City of Wichita's Flood Insurance Study as it applies to Cowskin Creek, Lower Big Slough, and the Wichita Drainage Canal drainage basins. The purpose of the study is to evaluate floodplain boundaries and water surface profiles for the 10, 50, 100 and 500 year floods. PEC will also make recommendations for floodplain development and financially feasible improvements in the developed portions of the three drainage basins. The most recent maps we have were prepared in 1986. Since that time, new development and several drainage projects have changed drainage characteristics and flood boundaries. Mapping the actual boundary lines according to today's conditions may allow for new development. Also, several properties which are currently carrying flood insurance may possibly be removed from flood zones, thereby eliminating the requirement for flood insurance. Payment to PEC will be on a cost plus percentage of cost basis with total payments not to exceed $150,000. Funds are available in the 1994 Capital Improvement Program (CIP Project No. D-9208) and will be paid from Storm Water Utility funds. Council Member Cather Council Member Cather said he would like to get more information on how much and how easily building is allowed in the floodplain. Motion -- carried Cather moved that the Item be deferred one week. Motion carried 7 to 0. INTERSECTION RECONSTR. 1995 INTERSECTION RECONSTRUCTION PROGRAM. Agenda Report No. 95-165. The 1995 Capital Improvement Program includes a project to upgrade intersections (MS-412). It is part of an ongoing program to improve traffic flow and safety. City Funds are joined with Federal grants administered by the State. The locations to be improved are: Hillside at Pawnee, Seneca at McCormick, Meridian at McCormick, Harry at Edgemoor, and the Pawnee/K-42/West Street intersection. Existing lanes will be widened, new turn lanes installed, and traffic signals upgraded. Agreements between the City and the Kansas Department of Transportation (KDOT) have been prepared which provide for traffic signalization at Meridian and McCormick and Seneca and McCormick. Other agreements will follow as they are submitted by KDOT. The Project budget is $850,000. The funding source is General Obligation Bonds. Motion -- Broadfoot moved that the project be approved; the agreement be approved and the Mayor be authorized to sign; and the Ordinance be placed on first reading. -- carried Motion carried 7 to 0. ORDINANCE An Ordinance declaring Hillside at Pawnee, Seneca at McCormick, Meridian at McCormick, Harry at Edgemoor, and the Pawnee/K-42/West Street intersection (472-82558) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, introduced and under the rules laid over. ORDINANCES SECOND READING ORDINANCES. (First Reading 2/21/95) Bid Requirements CHARTER ORDINANCE NO. 158 A Charter Ordinance amending and repealing Section 4 of Charter Ordinance No. 111 of the City of Wichita, Kansas, pertaining to exemptions from bid requirements, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 1. Yeas: Cather, Cole, Ferris, Kamen, Rogers, Broadfoot. Nays: Reeser. (Item No. 28b) Art Museum Board A Charter Ordinance pertaining to membership of the Art Museum Board. Motion -- carried Ferris moved that this Item be deferred two weeks. Motion carried 7 to 0. RECESS The City Council recessed to workshop session at 9:43 a.m. and returned at 11:40 a.m. EXECUTIVE SESSION Motion -- Broadfoot moved that the Council recess to lunch and to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to preliminary discussions relating to the acquisition of real property for public purposes, matters relating to employer- employee negotiations; and the regular meeting be resumed at 12:40 p.m.. -- carried Motion carried 7 to 0. RECESS Council recessed at 11:40 a.m. and reconvened in regular session at 12:45 p.m. Council Member Rogers absent. Mayor Broadfoot Mayor Broadfoot announced that no action was necessary as a result of the executive session. (The Council returned to Item No. 8 on the consent Agenda and action is shown with the Item.) ADJOURNMENT The City Council Meeting adjourned at 12:47 p.m. Pat Burnett Deputy City Clerk COUNCIL PROCEEDINGS JOURNAL 158 FEBRUARY 28, 1995 Page