MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, April 9, 1996 Tuesday, 9:09 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cole, Gale, Kamen, Rogers; present. *Council Members Cather, Ferris; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Patricia L. Burnett, Deputy City Clerk; present. The invocation was given by Rev. Barbara Allen, Martinson Avenue Christian Church. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. Minutes -- The minutes of the regular meeting of April 2, 1996, were -- approved approved 5 to 0. (Cather, Ferris; absent) AWARDS AND PRESENTATIONS PROCLAMATIONS Mayor Knight presented the Proclamations previously approved. *Council Member Cather present. RECOGNITION Recognition was given to Donna Perline, President, Jewish Women International. AWARD The "Pride of the City" Award was given to McConnell Air Force Base. VICE-MAYOR ELECTION ELECTION OF VICE-MAYOR. The Council proceeded to ballot and on the first ballot, Council Member Cather was elected Vice-Mayor. OATH OF OFFICE. Municipal Court Judge Harold Flaigle administered the oath of office to Vice Mayor Cather. PUBLIC AGENDA PUBLIC COMMENTS COMMENTS BY KEITH L. MORTON, COMMUNITY DEVELOPMENT COALITION. Keith L. Morton Keith L. Morton said the former Phyllis Wheatley Childrens' Home at 1005 North Mathewson is being restored by the Community Development Coalition (CDC). The City previously awarded the CDC $65,000 for restoration but, due to required Davis-Bacon wages, the renovations have been more expensive than expected and a total of $109,000 has been expended. *Council Member Ferris present. The CDC is requesting City Council support of an additional $12,200. Mayor Knight Mayor Knight asked that Council Member Rogers and the City Manager look into this matter and return to the Council with recommendations. Council Member Kamen Council Member Kamen said he would like the following questions answered: 1. What are the other funding sources that are going toward the renovation of the building? Is the City taking on the whole project? 2. Are the services of the Neighborhood Center the only thing to be headquartered in the building? If so, what is the feasibility of using the building for that purpose? Is the building too big, too small, too cut-up? 3. A review of what the former and present services provided by the CDC, and the successes and failures of both. 4. Whether wise use has been made of the money the City has given CDC in the past. UNFINISHED BUSINESS PAVING ASSESSMENTS PROPOSED PAVING ASSESSMENTS. Continued from April 2, 1996. Council Member Kamen momentarily absent. b. (472-82373/705749/405-128) - Improving of Rock Island from First Street to approximately 360.5 feet north of the north line of First Street, East Wichita Addition (north of First Street, west of Washington), as authorized by Resolution No. R-93-416 adopted October 19, 1993, and published October 22, 1993. This Improvement was ordered in by the City Council. The Statement of Cost approved January 30, 1996, in the amount of $151,535.00 is to apportioned 50 percent to the improvement district and 50 percent to the City at large. The cost has been assessed on a square foot basis. u. (472-82485/762666/490-369) - Improving of Mead Avenue from 1st to 2nd Streets North and necessary transitions (Old Town Phase III, Part 2), as authorized by Resolution No. R-94-359 adopted August 30, 1994, and published September 2, 1994. This improvement was ordered in by the City Council. The Statement of Cost approved February 13, 1996, in the amount of 633,528.00 is to be apportioned 50 percent to the improvement district and 50 percent to the City at large. The cost has been assessed on a square foot basis. v. (472-82486/762674/490-370) - Improving Moore Avenue from 1st to 2nd Streets North; and necessary transitions (Old Town Phase III, Part 1), as authorized by Resolution No. R- 94-360, adopted August 30, 1994, and published September 2, 1994. This improvement was ordered in by the City Council. The Statement of Cost approved January 30, 1996, in the amount of $387,755.00 is to be apportioned 75 percent to the improvement district and 25 percent to the City at large. The cost has been assessed on a square foot basis. The Department of Law presented the following information to the Council: 1. The City has the lawful authority under its home rule authority to establish a policy for allowing delay/deferral of the payment of special assessments. This could be done at the time the specials are levied (when the ordinance is adopted) and during the time that the specials are outstanding (at any time during the 15 year period that the bonds are outstanding). 2. The City would adopt an ordinance establishing this policy and setting out the procedure for granting the delay/deferral. The ordinance should address: a. what property is eligible for the deferral. b. what payments may be deferred. c. when application for deferral is to be done. d. when the deferred payments are to be paid. e. how a record of the deferral is to be maintained. 3. The ordinance establishing this policy should contain some statement of public purpose in the WHEREAS clauses of the ordinance. I think that it would be a good idea to limit the policy to properties in a defined area of town. In order to include the Old Town area without specifying it, it is my suggestion that we limit this to the "core area". This would be defined something like from Washington on the east to Seneca on the west and from Central on the north to Kellogg on the south. The WHEREAS clauses could recognize that the City has previously declared this general area to be one in which the City was actively encouraging redevelopment and revitalization and into which the City had committed several millions of dollars for capital improvements. It could further recognize that this redevelopment and revitalization had and would in the future cause significant changes in the uses to which existing properties in this area are put and that the City recognizes that certain properties may not change use for some time because of economic and other reasons and that the imposition of special assessments for the payment of all or a portion of public improvements constructed to facilitate the redevelopment and revitalization could work a hardship on the owners of such properties. Therefore, the City is establishing a policy for addressing this potential hardship by offering the deferral alternative. 4. It might be that the deferral could be for a period of time that certain existing uses (which it is agreed don't specifically benefit from specially assessed public improvements) remain unchanged but not to exceed a period of 5 years. In other words, if a warehouse is deemed to be the sort of existing use which does not benefit by street improvements designed to facilitate a planned redevelopment from warehouse use to mixed commercial, office and retail uses the property could be eligible, for up to five years, for a deferral so long as it remains in use as a warehouse. At the end of five years, or sooner if the use changes to commercial, office or retail, the deferral ceases and the original assessments are paid over 15 years. The idea being that no assessments are forgiven but that no more than five years worth of assessments are deferred to be tacked on to the end of the assessment payout. 5. The program could be administered something like the present hardship deferral program. In other words, only currently due and future specials could be deferred. An owner would have to make application for deferral of the current year by some established deadline that allowed the Clerk's office to withhold certification of the deferred specials. This would be sometime in July or August probably. Recertification would be required yearly in order to allow the City to confirm that the original use had not changed and that the property was still eligible. 6. The deferral would be memorialized by a written agreement between the owner and the City which could be recorded with the Register of Deeds to provide a record of the potential for an extension of the payment of special assessments beyond the life of the original bonds. The owner would agree, for himself and his assigns, that the affected property would remain liable for yearly payment of specials beyond the 15 year payout for the number of years that had been deferred, up to 5. 7. The most difficult part of drafting such a policy is defining, within the delineated core area, what properties would be eligible. This could be done in hardship terms with some requirement on individual property owners to come forth with appraisal or "expert" information showing that the assessed improvements had not benefited the existing use to which the property is being put. Because the core area is not a place where special assessments have been used much or where they are very likely to be used much in the future, this may not be as bad an approach as it may seem. However, if the Council wishes more definitive conditions of eligibility it may do so in terms of specific uses which are called out and assumed to be uses which won't presently benefit from public improvements. Council Member Cole Council Member Cole said she has begun to see that there is a difficult period of time for an existing warehouse business in the Old Town area before a new use moves into the existing warehouse. The suggestion for a deferral policy which suggests that the policy be focused on the Core Area seems logical because the Council has been very clear in supporting and providing incentives for people within the Core Area. It makes sense to look at the policy as soon as possible because it will affect some of the assessments which have been postponed. Gary Rebenstorf Director of Law, responding to questions, said Hardship Deferrals are based upon ownership at the time of deferral and are not on a five-year time period. What is being discussed, at this point, with this policy is a five-year deferral period. When the deferral time has expired, the time would be added to the end of the 15- year period. The specials would not be abated, just deferred. Council Member Kamen Council Member Kamen said he would have no problem with this type of policy if there were no "balloon" payment due at the end. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Cindy Warren Cindy Warren, MASSCO, reviewed the cost of the MASSCO warehouse structure when it was purchased, the dollar amount invested, and the amount bid at auction. In August of 1995, the company had to move from the building because it was no longer usable as a warehouse. Bob Kokes Bob Kokes, MASSCO, said the MASSCO desire is not necessarily a deferral or delay of the special assessments because that still adds to the burden of the property. Mrs. Kokes said his concern is that when concerns have been voiced from the beginning. The owners of the properties, that are not the City of Wichita, own less than 50 percent of the property and, therefore, have no ability to stop the City from completing the assessed improvements. The properties have been burdened and the owners do not have the capacity to use the property for its originally intended use. The deferral would help the cash flow for the period in which it is in effect. Council Member Kamen Council Member Kamen said the City has no other alternative but to defer the special assessments. Gary Rebenstorf Director of Law, answering questions, said the special assessments could be deferred for a period of time; the five-year period was used as a reasonable period of time. The Council could change the period of time but there might be a problem with the payment of the bonds. The Law Department is recommending a set period of time because "I think we have to." The current hardship deferral for residential property is allowed by State law. The City would be doing the proposed use deferral by home rule. The hardship deferral defers payment of the special assessment totally; whereas, this policy would not abate or forgive the special assessment but would only extend the time period when it could be paid. Council Member Gale Council Member Gale suggested the proposed policy be limited to projects which are ordered in as opposed to those which are petitioned. Motion -- Cole moved that the Mead and Rock Island Ordinances be placed upon passage and adopted; the Moore Ordinance be placed on first reading; and Staff be directed to draft and return to the Council an Ordinance establishing a policy which would allow for deferral of special assessments for certain non-residential property for which the payment of such special assessments is an economic hardship. Council Member Ferris Council Member Ferris stated that he thought ten years is more appropriate than five years. The area has been under transition for about eight years and more time is needed than just five years. Also, the deferral should be based on use and not on hardship. -- carried Motion carried 7 to 0. ORDINANCE NO. 43-119 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of Rock Island from First Street to approximately 360.5 feet north of the north line of First Street, East Wichita Addition (north of First Street, west of Washington) (472-82373/705749/405-128), read for the second time. Cole moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. ORDINANCE NO. 43-120 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of Mead Avenue from 1st to 2nd Streets North and necessary transitions (Old Town Phase III, Part 2) (472-82485/762666/490-369), read for the second time. Cole moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving Moore Avenue from 1st to 2nd Streets North; and necessary transitions (Old Town Phase III, Part 1), introduced and under the rules laid over. Motion -- Knight moved that the rules be set aside and Item No. 6 be taken up out of order. -- carried Motion carried 7 to 0. (The Council took up Item No. 6 and action is shown in Agenda order.) MUNICIPAL COURT DOCUMENTS RELATED TO MUNICIPAL COURT OPERATIONS. Continued from April 2, 1996. Mayor Knight Mayor Knight said attorneys Frank Ojile and Jack Focht had requested a two week deferral of this Item. Motion -- carried Cather moved that this Item be deferred two weeks. Motion carried 7 to 0. ROCK ROAD IMPROVEMENT ROCK ROAD IMPROVEMENT FROM RAILROAD TRACKS SOUTH OF 45TH STREET NORTH TO 45TH STREET NORTH. (District II) Continued from April 2, 1996. Mike Lindebak City Engineer that although Rock Road, in this area, is only a two- lane unpaved roadway at this time, it is included in the 2020 Transportation Plan as a two-lane arterial. In fact, the Transportation Plan shows Rock Road to be a two-lane arterial from 45th north to K-254. On the other hand, Hoover Road is classified as two-lane residential collector street and, by policy, residential and collector streets are funded primarily by special assessments. The project was placed in the proposed 1996 CIP for at-large funding for the following reasons: 1. Rock Road is classified as an arterial street on the Transportation Plan. 2. The 1995 paving of Rock Road from 45th Street North to K-254 left only this short gap of unpaved roadway. 3. The Wichita Area Builders Association made a request that the City pave this section of Rock Road, and therefore should be funded at-large. Staff recommends approval of the project from the standpoint that it is cleaning up a connecting paving gap, rather than needed to serve a specific new development. Council Member Ferris Council Member Ferris said he questioned doing this project at a time when projects with high priorities are not being done. It would be beneficial to wait to see how this project compares with others in the 1996 CIP. This is why the CIP should be received in December, not in March. Council Member Cather left the Bench. Motion -- Kamen moved that this Item be deferred until the 1996 CIP is presented. Motion -- carried carried 6 to 0. (Cather absent) Council Member Cather present. NEW BUSINESS (Item No. 6) SCULPTURE DONATION DONATION OF A BRONZE SCULPTURE FROM THE DEVORE FOUNDATION. Mayor Knight Mayor Knight reviewed the item. Agenda Report No. 96-295. The DeVore Foundation proposes to donate to the City of Wichita a bronze sculpture by local artist Dorothy Koelling. The sculpture, entitled "Jester" and valued at $30,000, will be placed at the southeast corner of Century II near the Concert Hall. At the February 8, 1996, Public Art Advisory Board meeting, the Board reviewed a proposal by the DeVore Foundation to donate a bronze sculpture to the City of Wichita in honor of Music Theater of Wichita's 25th Anniversary. By a 4-1 vote (Sonia Greteman abstaining), the Public Art Advisory Board approved a recommendation that the City accept the donation. In addition, the Board recommended the sculpture be anchored at the concrete plaza area near the Concert Hall at the southeast corner of Century II, an area that would be highly visible to Music Theater patrons. It is the goal of the Public Art Advisory Board to encourage the acquisition of public art and support for artists through public/private partnerships. The Board feels that the City's acceptance of this piece of art offers an opportunity to help achieve their goal. The DeVore Foundation has agreed to pay the costs for casting the sculpture in bronze and for all installation costs. Bill Livingston Bill Livingston, Chair of the Public Art Advisory Board, said the DeVore Foundation is very generous in donating this piece of sculpture. The donation is a fine example of promoting and encouraging the acquisition of public art through public and private partnerships. Dorothy Koelling Dorothy Koelling, local artist and sculptor of the "Jester," said, she was honored and delighted to have the sculpture accepted by the City. Ms. Koelling said the "Jester" won Best of Show at a Topeka, Kansas, contest this year. Motion -- Cather moved that the donation be accepted and the installation be approved. -- carried Motion carried 7 to 0. RETIREMENT SYSTEMS ORDINANCES PERTAINING TO POLICE/FIRE AND EMPLOYEES RETIREMENT SYSTEMS - AIRPORT ORDINANCES SAFETY OFFICERS. Ray Trail Director of Finance reviewed the Item. Agenda Report No. 96-296. The transfer of Airport Safety Officers to the Police and Fire Retirement System (P&F) from the Wichita Employees' Retirement System (WER) has been discussed for several years. This transfer includes 28 Airport Safety Officers. Actuarial studies have been undertaken to determine the impact of such a transfer and the costs associated with the transfer. The Wichita Airport Authority has adopted a resolution requesting the transfer of the Airport Safety Officers into the P&F pension system with the conditions set out below. All 28 of the officers have made a written expression of support for the transfer. The P&F Board and the WER Board unanimously recommend adoption of the ordinances. A plan was developed allowing the Airport Safety Officers to transfer to the Police and Fire Retirement System for future credit only. Vested years of service would be used to meet the P&F ten year vesting requirement. The transfer would become effective June 29, 1996. The officers would become members of Plan C-79, earning service credit from June 29 forward. Vested WER officers (seven or more years of service) would become potential pensioners in WER, deferring benefits until they reach the applicable retirement age. Those officers who are not vested as of June 29th, will receive a refund of their contributions plus interest dependent upon their retirement plan. The actuarially determined cost associated with this transfer to the WER fund is $175,000. All vested Airport Safety Officers will pay this cost by contributing an additional 6.6% of payroll to the WER system for the next three years. This liability is the result of reducing the normal retirement age from 62 to 55. The Airport Authority has indemnified the WER system in the event that any employee does not contribute the required amount. The cost to the P&F fund is actuarially determined to be $700,000. This unfunded liability to the P&F system assumes the experience history of the fund continues. It is possible that this amount could increase or decrease based on actual experience. The Airport Authority has agreed by resolution, to pay the cost associated with this transfer by contributing an additional 4.8% of payroll over that next 23 years (the same period remaining for the City of Wichita's unfunded liability). Both costs apply only to the Airport Safety Officers employed at the time of the transfer. Future Airport Safety Officers would become members of Plan C-79 and contribute at the same rate as other C-79 members. It is anticipated that the integration of the Safety Officers into the P&F system will be complete within 3 years, resulting in equivalent City and Airport Authority contribution rates. Airport Safety Funding BEFORE Transfer to P&F WER SSTotal Airport 9.4% 7.65%17.05% Employees 4.1% 7.65%11.75% Total 13.5% 15.3%28.8% Airport Safety Funding AFTER Transfer to P&F P&F MedicareTotal Airport 18.0% 1.45%19.45% Employees 8.0% 1.45%9.45% Total 26.0% 2.9%28.9% Both Retirement Systems have taken this opportunity to incorporate other minor revisions to the ordinances. The first two revisions are required by the Internal Revenue Service in order to maintain tax qualification. The third revision to the WER System allows the option of a widow pension in the event an active employee dies after meeting the age/service requirements, but chose not to retire. 1. The P&F Charter Ordinance and the WER Ordinance include language that accommodates trustee-to-trustee transfers of qualified retirement refunds protecting the tax exempt status of the contributions. 2. The WER ordinance includes IRS language limiting compensation which may be considered in determining benefits to $150,000. 3. The WER Ordinance includes an amendment to Plan 2 that allows the option of a survivors annuity in the event an active vested WER employee dies who has reached retirement age (62). The Social Security Administration has approved the removal of these officers from the Social Security system since WER members participate in social security and P&F members do not. Position classification changes to meet Social Security conditions are addressed through a salary ordinance revision shown as a separate item on the Consent Agenda. As a Charter Ordinance, a sixty day time period is required prior to enactment of revisions. Ray Trail Director of Finance said an item of disclosure not in the Agenda Report is that during the course of discussions, there were approximately five or six of the Safety Officers who would be transferring from the WER Plan to the Police and Fire Plan and because they did not meet the seven-year threshold for vesting, their only option would be to cash out their time in the Wichita Employees' Retirement Plan with interest. There was some discussion about the possibility of allowing those individuals to continue that time with the WER Plan even though they had not reached the vesting period. It was also determined that there are probably seventy-five to eighty other City employees who, for one reason or another, have moved from one plan to the other over the years who are similarly situated. That matter was left unresolved but both Boards have indicated that they plan to work diligently to address that issue and, if there is any change that will allow non-vested employees to retain some right in the City plan they are leaving when they go to another plan, that will come back to the Council at that time. If there is a satisfactory resolution, it could be applied retroactively to these, and any other similarly situated, employees. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Bailis Bell Director of Airports said this change was recommended so there would be parity with the Police and Fire officers of the City of Wichita. The Airport officers have the same requirements and training and just happen to work in a six square mile area. There is a possibility that, in the future, all of the response teams for the airport would be 62 years old. The public would probably prefer having younger respondents. Motion -- Knight moved that the ordinances be placed on first reading. Motion carried -- carried 7 to 0. ORDINANCE An Ordinance amending Sections 2.28.010, 2.28.100, 2.28. 110, 2.28.200, 2.28.290, 2.28.300, 2.28.500, 2.28.530, and 2.28.550 and creating Sections 2.28.087 and 2.28.265 of the Code of the City of Wichita, Kansas, pertaining to definitions, termination of employment, death benefits and survivor's annuities, contributions and distribution of vested accounts, and providing special provisions for airport safety officers employed by the Wichita Airport Authority, all relating to the Wichita Employees' Retirement Plans, and repealing the originals of said Sections, introduced and under the rules laid over. CHARTER ORDINANCE A Charter Ordinance of the City of Wichita, Kansas, amending Sections 3 and 21 of Charter Ordinance No. 131 of the City of Wichita, Kansas, pertaining to definitions and Plan A and C-79, and amending Section 2 of Charter Ordinance No. 154 of the City of Wichita, Kansas, pertaining to distribution of benefits, all related to the Police and Fire Retirement System of the City of Wichita and repealing the originals of said sections, introduced and under the rules laid over. RECESS The City Council recessed at 10:50 a.m. and reconvened at 11:05 a.m. Council Member Kamen absent. OFF AGENDA ITEM UNION PACIFIC-SOUTHERN PACIFIC RAIL MERGER. Motion -- Knight moved that the rules be set aside and an Item be taken up off the Agenda. -- carried Motion carried 6 to 0. (Kamen absent) Mayor Knight Mayor Knight asked for Council approval of joining with the Sedgwick County Commission in sending a joint letter to Senator Dole, with respect to the Union Pacific-Southern Pacific Rail Merger, asking for the Senator's assistance on this issue. Council Members Cather, Gale and Rogers, and Mayor Knight, when at the National League of Cities meeting, outlined the City's position to the attending delegation concerning the proposed merger and asked for assistance. It was explained that the City is of the mind that the merger has profound implications for this community. Council Member Kamen present. Motion -- Cole moved that authorization be given to send a letter from the City and Sedgwick County to Senator Dole requesting his attention and support to the effort of rerouting trains around Wichita and other cities in Sedgwick County. -- carried Motion carried 7 to 0. CONDEMNATIONS HEARINGS ON REPAIR OR REMOVAL OF DANGEROUS AND UNSAFE STRUCTURES. Kurt Schroeder Superintendent of Central Inspection reviewed the Item. Agenda Report No. 96-167 A. On February 27, 1996, a report was submitted with respect to the dangerous and unsafe conditions of the buildings located on five (5) properties. The Council adopted resolutions providing for public hearings to be held on each of these condemnation actions at 11:00 a.m. on April 9, 1996. On February 5, 1996, the Board of Code Standards and Appeals (BCSA) held a hearing on the following properties: Property Address Council District (1) 2231 N. Chautauqua 1 (2) 435 N. Dodge 6 (3) 1018 N. Jackson 6 (4) 924 S. Water 6 (5) 2229 S. Emporia 3 Pursuant to State Statute the Resolutions were duly published twice, on February 28, 1996, and March 6, 1996. A copy of each resolution was sent by certified mail or given personal service delivery to the owners and lien holders of record of each described property. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared on Items 1, 2, 3, and 5. Motion -- Knight moved that, on Items 1, 2, 3, and 5, the public hearing be closed; the resolutions declaring the buildings dangerous and unsafe structures be adopted; and the BCSA recommended time frame to alleviate the code violations be accepted. Any extensions of time granted to repair the structures would be conditioned on the following: (1) All taxes have been paid to date, as of April 9, 1996; (2) the structure(s) has/have been secured as of April 9, 1996, and will continue to be kept secured, and (3) the premises are mowed and free of debris as of April 9, 1996 and will be so maintained during renovation. If any of the above conditions are not met, the Office of Central Inspection will proceed with demolition action and also instruct the City Clerk to have the resolutions published once in the official city paper and advise the owners of these findings. Motion carried -- carried 7 to 0. RESOLUTION NO. R-96-129 A Resolution finding that the structure located on the east 140 feet of Lot 54, Hillside Gardens Addition to Wichita, Sedgwick County, Kansas, commonly known as 2231 North Chautauqua, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96-130 A Resolution finding that the structure located on Lots 127 and 129, on Dodge Avenue, in McCormick's Third Addition to Wichita, Sedgwick County, Kansas, commonly known as 435 North Dodge, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96-131 A Resolution finding that the structure located on Lots 915 and 917, Jackson Avenue, William Greiffensteins Seventh Addition to Wichita, Sedgwick County, Kansas, commonly known as 1018 North Jackson, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96-132 A Resolution finding that the structure located on Lots 23 and 25, in Block 3, in Eldridge's Addition to Wichita, Sedgwick County, Kansas, commonly known as 2229 South Emporia, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. 4) 924 South Water. Kurt Schroeder Superintendent of Central Inspection reviewed the Item. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Scott Robinson Scott Robinson, property owner since February, 1995, said he agreed with the City's recommendation of 60 days to complete exterior repairs. He now has the time and financial resources to do the work. Mr. Robinson said he is getting married and wants to use the house for his residence. Norm Snyder Norm Snyder, owner of property across the alley from the property, said it has been a mess for 15 years. There is asbestos siding and, underneath, lap siding. Mr. Snyder said he has an 8-plex and people will not look at renting it because of this house and the south Broadway reputation. Council Member Cole Council Member Cole said 60 days was as long as she was willing to wait for the property to be repaired and she would not look favorably on giving any extensions of time. The owner should consider this carefully before repairing the property. Motion -- Cole moved that the public hearing be closed; the resolution declaring the building dangerous and unsafe structures be adopted; and the staff recommended time frame of 60 days to alleviate the code violations be accepted. Any extensions of time granted to repair the structures would be conditioned on the following: (1) All taxes have been paid to date, as of April 9, 1996; (2) the structure(s) has/have been secured as of April 9, 1996, and will continue to be kept secured, and (3) the premises are mowed and free of debris as of April 9, 1996 and will be so maintained during renovation. If any of the above conditions are not met, the Office of Central Inspection will proceed with demolition action and also instruct the City Clerk to have the resolutions published once in the official city paper and advise the owners of these findings. Motion carried -- carried 7 to 0. RESOLUTION NO. R-96-133 A Resolution finding that the structure located on Addition to Wichita, Sedgwick County, Kansas, commonly known as Lots 51 and 53, on Water Street, March's Addition to Wichita, Kansas, commonly known as 924 South Water, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Cole moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. CITY COUNCIL AGENDA CITY HALL PARKING DISCUSSION OF CITY HALL PARKING. (Requested by Mayor Knight) Agenda Report. Construction of the City Hall parking garage and surface parking was completed in 1995. By City Council action, managed parking (with attended booths) was initiated in January 1996. In addition to public parking, employee and City vehicle parking are also provided via electronic key ingress/egress. The number of parking spaces available and assigned are: # Spaces Disabled 17 Public 327 Official vehicle 110 Employee 484 When the City Council determined to operate the City Hall parking as managed parking it was projected to produce net annual revenue of approximately $40,000 (versus parking meters). Construction costs associated with configuring the complex for managed (non-metered) parking was $265,395. Outstanding bonds on parking construction total $4.8 million. The Debt Service Fund cash flow projects a minimum $158,000 net revenue (after operating/ maintenance costs) as necessary to support a portion of the debt service payments for general obligation bonds issued to finance the parking complex construction costs. Annual debt service is $746,000 in 1996 declining to $493,000 in 2005. Estimates for one-time capital costs to modify the parking complex are: Cost Removal of the managed parking booths/gates $ 32,000 Purchase/installation of parking meters 90,000 Options to managed parking available to the City include: (a) further enhancements to the managed parking system; (b) metered public parking; (c) combination of managed and metered parking; and (d) free parking. One-time capital costs for conversion to one of the options are presented (below) with comments on each option. Pro Con [1] MANAGED One-time cost already incurred Public inconvenience incurred; income generator perception due to gates to partially offset debt and peak use queues service; avoids parking tickets [2] MANAGED W/EXTRA Maintains revenue levels; Adds personnel cost to BOOTH SW CORNER improves public access staff extra booth $147,000 [3] MANAGED/METERED Allows more convenience for Will result in some (meters @ south short-term City Hall parkers revenue loss while end of lot) while retaining most of operating cost of booths $120,000 managed parking advantages; will remain; mix of retains use of existing control methods may capital investment occasion confusion; adds approach to metered lot from 3rd St. with possible peak traffic congestion; loss of 10 pkg spaces. [4] METERED Increased public convenience Significant capital $122,000 while retaining some income expense to modify current generation to offset debt parking and install serv. for parking construction parking meters; parking tickets have stigmas of reducing public convenience [5] FREE Convenience to public; no Loss of existing capital $28,000 parking restrictions investment in managed system; loss of revenue to offset debt service; makes City Hall an area magnate for parkers with non-City Hall destinations, thereby reducing parking for City Hall purposes; no enforcement Note: Any option which requires demolition of the existing concrete islands will add approximately $31,000 to the above costs Based on current trends, public parking is generating $312,000 (annualized) in revenue and employee parking is generating $116,000 (annualized). Annual operating costs for the attended parking booths necessary to support public parking is $90,000 with an additional $55,000 projected to pay for garage maintenance and operating costs not associated with managed parking. If the Council acts to modify the City Hall parking complex to implement an alternative parking plan, a funding source(s) for the associated one-time costs and replacement for loss revenue to offset debt service would need to be identified. Capital expenditures to modify the parking complex would require governing body approval of an initiating resolution. Mayor Knight Mayor Knight said the amount of criticism and the level and depth of resentment the Council Office employees absorb about City Hall parking is unacceptable. The parking situation is not working and has to be dealt with in a better manner. Council Member Ferris Council Member Ferris stated that the two complaints he hears the most are regarding the ingress/egress to the parking and the cost. The revenue stream is far more than is needed to meet the bonding requirements. When the meters were $.25/hour, the City's parking lot became the parking lot for every office building in walking distance because it was the cheapest parking in the area. Once it was no longer the cheapest parking, those people found other parking. Council Member Ferris said he had a problem with some of the options. If the City has free or very cheap parking, the lot will be full. There needs to be discussions about what it should cost to park at City Hall. Free parking is not an option for two reasons: (1) Free parking would generate a lot of parking which is not for City Hall. (2) There are people in the community who do not mind paying taxes to pay for City Hall but who do not physically come to the building. There are also people who physically use City Hall facilities. The people who do not use the City Building facilities should not have to pay parking for those who want to use the City Building facilities. There were as many complaints about parking meters and parking tickets because people came to use City Hall and, because their business took longer than expected, they received a parking ticket. If the parking rates were reduced to a more reasonable level, there might be far fewer complaints. An option for consideration might be having free parking during the time that Council meetings are in session. The minute Council meetings are over, there would no longer be free parking. There is some merit to have available parking for those who come to Council meetings. The Central Street entrance does not make any sense. A left-turn crossing traffic must be made to exit or enter the parking garage. The circulation should be so that right turns are made with no crossing of traffic. Mayor Knight Mayor Knight said most companies provide parking for employees and that he is not interested in the parking garage being a money maker. The primary interest is making this work better - primarily for the users of the City Building facility. Council Member Cole Council Member Cole said one of the things she has heard is that people who were formerly furious with meters and tickets (because they could never get out of City Hall when they thought they would) now say they are pleased with the fact that they pay as they leave and they do not have to worry about receiving a ticket. However, it is thought that when the fees were set at the $.75 minimum, that amount was set based on the amount set for the State Office Building Parking Garage public parking. That figure was due to private parking lot owners in the area wanting a competitive rate charged for that parking lot. There is no such market at the City Building and the City could charge less without angering private lots which charge on an hourly basis. The most hostile calls received are from people who are going to the IRS building which has no customer parking and who are unhappy with paying a $.75 minimum for a five-minute visit. The most calls are received regarding the queuing on Third Street to get into the gate. The gate needs to be moved farther into the complex; and, perhaps, even some of the spaces closer the Third Street need to be metered. Even when tickets were issued, many of the tickets were never paid. The warrants were not served and there was no dis-incentive. Council Member Kamen Council Member Kamen suggested: (1) The gate on Third Street be moved back on the house (not move the house) about two to three feet so the gate can go down. Payment might have to be made through the back window. (2) The parking fees, no matter how much reduced, would still produce the same complaints. (3) There should be a choice of the kind of parking. Some of the surface parking close to Third Street should be changed to metered parking. There should be a separate turn into a separate area where there are meters. This would help the situation for those going to the IRS building. There cannot be free parking there has to be some incentive to leave some spaces who need to come to City Hall. Mayor Knight Mayor Knight said he is not interested in seeing the Council re- design the parking. There should be Council participation; however, if the decision were left to the Public Works Director, the parking would probably not look like it does now. Council Member Cather Council Member Cather said he would support free parking for those who are subpoenaed to Municipal Court, guests, and all City employees. Council Member Ferris Council Member Ferris said he would take all comments and work with Staff to bring back recommendations to the Council within two weeks. Motion -- Knight moved that Council Member Ferris be appointed to work with Staff to bring back recommended action to the Council at the earliest possible time. Motion -- carried carried 7 to 0. TRAVEL APPROVAL WASTE CONFERENCE AND EXPO - MAY 21 THROUGH MAY 23. Motion -- Knight moved that Council Members travel expenses be approved. Motion carried -- carried 7 to 0. APPOINTMENT APPOINTMENT TO COMMISSION ON THE STATUS OF PEOPLE WITH DISABILITIES. One appointment (Kamen), for a term expiring June 30, 1997. Motion -- carried Kamen moved that this Item be deferred two weeks. Motion carried 7 to 0. PROCLAMATIONS PROCLAMATIONS. -- Volunteer Week -- Week of the Young Child -- Multiple Sclerosis Awareness Month -- Mothers Against Violence Week -- Child Abuse Prevention Month Motion -- carried Knight moved that the proclamations be authorized. Motion carried 7 to 0. CONSENT AGENDA Knight moved that the Consent Agenda, except Items 20 (a), 27, 30, and 31, 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 APRIL 8,1996. At 10:00 a.m., Friday, April 5, 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 April 8, 1996.) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Lateral 364, Southwest Interceptor Sewer to serve Oak Ridge Addition (north of 29th, west of Ridge). (468- 82554/742577/380349) Does not affect existing traffic. (Council approval date 12-12-95) (District V) WB Carter Construction Co., Inc.- $61,108.00 Providing and Delivering 24" Rip-Rap for the Wichita-Valley Center Flood Control Project - Phase I (south of 85th Street North and west of Valley Center). (791335/435162) Does not affect existing traffic. (Council approval date 08-30- 95) (District n/a) George M. Meyers - $397.500 Engineer's Construction Estimate 27th Street North from Volutsia to Hillside. (472-82620/617852/810040) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 08-08-95) (District I) Cornejo & Sons - $119,013.00 Topaz Circle and Topaz Court serving Lots 1 through 19, Block 1, Oak Ridge Addition (north of 29th, west of Ridge). (472-82662/763532/490456) Does not affect existing traffic. (Council approval date 12-12-95) (District V); AND 29th Street North from the east line of Oak Ridge Addition to west line of Topaz Circle Oak Ridge Addition (1/2 mile west of Ridge Road). (472-82663/763540/490457) Twenty-Ninth Street shall be closed during construction. (Council approval date 03-26-96) (District V); AND 29th Street North from the west line of Reflection Ridge 8th Addition to the west line of Lot 1, Block 4, Forset Lakes Addition (1/2 mile west of Ridge Road). (472- 82316/763557/490458) Twenty-Ninth Street shall be closed during construction. (Council approval date 04-06-93) (District V) Ritchie Paving - $149,589.50 (Aggregate LS/MQ Total ALT #2) Westport from the west line of Windwood Addition to west line of Maize Road; Skyview from the south line of Windwood Addition to the south line of Westport; Lark Circle serving Lots 6 through 15, Block 3, from the north line of Lark Court to and including the cul-de-sac; Lark Court serving lots 17 through 27, Block 3, from the east line of Lark to and including the cul-de-sac, and; Lark from the north line of Westport to the north line of Lark court in Windwood Addition (south of 21st, west of Maize). (472- 82648/763524/490455) Does not affect existing traffic. (Council approval date 11-21-95) (District V) Ritchie Paving - $160,793.00 (LS/MQ Alternate #2) Knight moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign for the City. Motion carried 7 to 0. HUMAN SERVICES DEPARTMENT/WICHITA HOUSING AUTHORITY: REMOVAL AND REPLACEMENT OF SIDING AT 1325 SELMA AS PER SPECIFICATIONS Original Rock Replicas - $7,687.00 POLICE DEPARTMENT: CODE 3 VISA-BAR & SIRENS AS PER SPECIFICATIONS LAW ENFORCEMENT EQUIPMENT COMPANY - $28,474.00 FIRE DEPARTMENT: SELF CONTAINED BREATHING APPARATUS (SCBA) AND SPARE AIR CYLINDERS AS PER SPECIFICATIONS INTERSPIRO, INC. - $77,937.00 PUBLIC WORKS DEPARTMENT/MAINTENANCE DIVISION: GROUP I - CITY HOT MIX ASPHALT GROUP II - COLD MIX ASPHALT AS PER SPECIFICATIONS Group 1 - Asphalt Construction Co. Item 1 - 15.38 Cost Per Ton Group 2 - Item 1 - 25.00 Cost Per Ton Item 2 - 27.00 Cost Per Ton Item 3 - 27.00 Cost Per Ton Item 4 - 28.00 Cost Per Ton Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid. Motion carried 7 to 0. LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1996 (Consumption on Premises) Mui Fong Yu Tam Tom's Lotus Garden* 822 S. Broadway Deana L. Herington Family Game Room* 4815 E. Pawnee E. S. Webb Pizza Backeri* 500 W. Douglas (Consumption off Premises) John R. Leftwich C Mart #9111 7115 W. 13th John R. Leftwich C Mart #9198 6485 E. 13th John R. Leftwich C Mart #9157 1925 W. 21st John R. Leftwich C Mart #9114 8008 E. 21st John R. Leftwich C Mart #9115 1131 E. 47th St. S. New Establishment 1996 (Consumption off Premises) John R. Leftwich C Mart #7303 3810 N. Woodlawn Special Event David K. Oxley A Little Cafe & Deli 220 W. Douglas *General Retailer--beer sales derive less than 50% of gross revenues. Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 7 to 0. PLANS AND SPECS. PLANS AND SPECIFICATIONS. a. Bikeway System along the Big River, Central from Waco to the Big River and along I-135. (472- 82707/785394/440070) Traffic to be maintained through construction. (Council approval date 11-01-94) (District 1,2,3,5) b. 1996 Contract Maintenance Bridge Deck Resurfacing at 2nd Street over the Canal, Eastbound Central over the Canal, 21st Street over the Big Arkansas River and westbound Harry Street over I-135. (132449) Traffic to be maintained through construction. (Council approval date 01-23-96) (District all) c. McLean Boulevard Improvements from Meridian through Seneca. (472-82448/448- 88941/705897/633107/405143/544375) Two-way through traffic will be provided between Meridian and Seneca during construction. The East approach to the Seneca/McLean intersection will be closed to through traffic. (Council approval date 03-19-96) (District 4 & 6) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., April 26, 1996. Motion carried 7 to 0. SUBDIVISION PLANS AND SPECIFICATIONS. a. 53rd Street South from the north line of Lot 1, Block 3, Robbins Farm 2nd Addition, to Midland Avenue; and Midland Circle from the north line of Lot 13, Block 3, to and including the cul-de-sac in Robbins Farm 2nd Addition (west of Broadway, north of 55th St. South). (472-82603/763441/490447) Does not affect existing traffic. (Council approval date 10-17- 95) (District 4) b. Water Distribution System (Phase I) to serve Belle Terre 2nd Addition (south of Central, east of 143rd Street East). (448-88947/733105/470388) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 08-29-95) (District 5) c. Water Distribution System to serve Comotara Power Center 2nd Addition (west of Rock, north of 29th N). (448-89014/733113/470389) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 03-26-96) (District 1) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., April 19, 1996. Motion carried 7 to 0. PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. 53rd Street South from the north line of Lot 1, Block 3, Robbins Farm Second Addition, to Midland Avenue; and Midland Circle from the north line of Lot 13, Block 3, to and including the cul-de-sac in Robbins Farm Second Addition (west of Broadway, north of 55th St. South). (472- 82603/763441/490447) Does not affect existing traffic. (Council approval date 10-17-95) (District IV) b. Lateral 364, Southwest Interceptor Sewer to serve Oak Ridge Addition (north of 29th, west of Ridge). (468-82554/742577/480349) Does not affect existing traffic. (Council approval date 12-12-95) (District V) c. Water Distribution System to serve Oak Ridge Addition (north of 29th Street North, west of Ridge). (448-88976/733063/470384) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 12-12-95) (District V) d. Storm Water Sewer #471 to serve Friends University Addition (south of Maple, east of Meridian). (468- 82552/750752/485111) Traffic to be maintained through construction. (Council approval date 12-12-95) (District VI) e. 1996 Arterial Sidewalk and Wheelchair Ramp Construction (Phase II) at various locations. (472- 82685/706317/405185) Traffic to be maintained through construction. (Council approval date 01-23-96) (District all) f. 1996 Contract Maintenance Surface Milling and Asphalt Concrete Overlay of Arterial Streets, Phase II, at: Intersections of 21st N and Woodlawn; 21st N and Rock Road; and Kellogg and Rock Road. (/132282/630418 (MH Adj)/112000) Traffic to be maintained through construction. (Council approval date 01-23-96) (Dist. II) g. Wichita Environmental Education Center Parking Lot at Chisholm Creek Park (at the northwest corner of Woodlawn and 29th Street North). (472-82670/785501/440081) Traffic to be maintained to the Wichita Environmental Education Center building through construction. (Council approval date 01- 23-96) (District I) h. Water Distribution Systems to serve (88309) Cranmer Addition (north of 21st, west of Maize), (88348) Agape Addition (east of Maize, south of 23rd), (88633) Timber Ridge 2nd Addition (south of 21st, east of Maize), and 88939 Chadsworth Commercial 2nd Addition (north of 21st, east of Maize). (448- 88309/88348/88633/88939/732834/732842/732859/732917/470470361/47 0362/470363/ 470369) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 04-12-88/09-15-92/08-01-95) Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 7 to 0. PETITION PETITION FOR SANITARY SEWER TO SERVE PART OF LOT 7, WALNUT GROVE ADDITION (NORTH OF 35TH STREET NORTH, WEST OF SENECA). (District VI) Agenda Report No. 96-297. The signature on the petition represents 100% of the improvement district. The project will extend municipal sanitary sewer service to a home currently served by a private septic tank system. The project budget is $4,200. The funding source is Special Assessments. Motion -- Knight moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-96-134 Resolution of findings of advisability and Resolution authorizing construction of Lateral 132, Main 4, Sanitary Sewer No. 23 (north of 35th Street North, west of Seneca) Project No. 468-82591 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. BOARDS MINUTES MINUTES OF ADVISORY BOARDS. CPO Northeast Council 1, 03/25/96 CPO East Council 2, 03/25/96 CPO Southeast Council 3, 03/28/96 CPO Southwest Council 4, 03/28/96 CPO Northwest Council 5, 03/27/96 CPO North Central Council 6, 03/27/96 Historic Preservation Board, 03/11/96 Wichita Employees' Retirement System, 03/20/96 Wichita Metropolitan Transit Authority, 03/22/96 Wichita Public Library, 03/19/96 Wichita/Sedgwick County Solid Waste Management Committee, 03/04/96 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 7 to 0. STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. (Item No. 20 a.) a. McLean Boulevard, south of Maple. (District VI) Agenda Report No. 96-314. Cornejo and Sons, Inc., has contracted to accomplish street improvements in the area of Maple and Sycamore. The project allows for street closures in the construction area. Installation of the storm drainage system requires the crossing of McLean Boulevard to access the river. This closure of McLean Boulevard is necessary to connect the Maple and Sycamore storm drainage system to the river. There is no cost to the City. The closure of McLean is expected to be from April 10 through April 22. McLean traffic will be detoured using Taft, Sycamore and Maple Streets. Maple, between Sycamore and McLean, and Sycamore, north and south of Maple, will be opened to traffic on April 9. Maple will not be open west of Sycamore until approximately April 19. Council Member Gale Council Member Gale expressed concern regarding opening of Maple Street. Chris Cherches City Manager said the Public Works Director had informed him that there is coordination of the street closings. Motion -- carried Gale moved that the closure be approved. Motion carried 7 to 0. b. Rock Road at Pagent. (District II) Agenda Report No. 96-315. Hazen Construction has contracted with the Rockwood Homeowners Association to remove and replace the privacy wall which separates the residential area from Rock Road. The contractor is requesting approval to temporarily close the outside southbound lane of Rock Road near Pagent Street during the daily placement of concrete in the new wall. The lane closure would be between 1:00 and 3:30 p.m. and work is expected to be completed on Friday, April 12. The contractor will be required to install the necessary signs and barricades during the lane closure and obtain the necessary use-of-street permit. This area of Rock Road presently has three lanes of traffic available southbound and two lanes northbound. There is no cost to the City. Motion -- carried Knight moved that the closure be approved. Motion carried 7 to 0. CONSULTANT ENGINEER AGREEMENT FOR DESIGN SERVICES FOR WOODLAND LAKES ESTATES. (District II) Agenda Report No. 96-298. The City Council approved the Woodland Lakes Estates Addition development on March 5, 1996. The proposed Agreement between the City and Mid-Kansas Engineering Consultants, Inc. (MKEC) provides for the design of Storm Water Sewer No. 475, Water Distribution System No. 448-89020, and paving Lincoln, Laguna, Lincoln Courts, Laguna Courts and sidewalk (south of Kellogg, west of 127th Street East). 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 $102,495 and will be paid by Special Assessments. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. CHANGE ORDER CHANGE ORDER: STREET PAVING IN BRADFORD SOUTH ADDITION (NORTH OF 21ST STREET, WEST OF TYLER). (District V) Agenda Report No. 96-299. On July 7, 1994, the City Council approved a petition to pave streets in Bradford South Addition, a new single family development. The project included the construction of a detention pond to control storm water runoff. During construction of the detention pond, it was determined that additional stone riprap was needed to control erosion at the waterline. The paving contractor agreed to perform that additional work for a fee of $11,053. The developer and the platting engineer agree the additional work is needed. The project budget is $805,600. The construction contract is $520,224. Funds are available within the project budget to pay the Change Order of $11,053. The funding source is Special Assessments. Motion -- Knight moved that the Change Order be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. GROUND WATER STUDY LANDFILL GROUND WATER STUDY AGREEMENT FOR THE BROOKS LANDFILL. (District VI) Agenda Report No. 96-300. Camp, Dresser and McKee (CDM) is continuing to provide professional environmental engineering services for the Brooks Landfill Ground Water Study in proximity to monitoring wells (24 shallow and 24 deep). CDM has provided these services under two previous contracts, totaling $12,500. Based on previous investigative work (and discussions with the Kansas Department of Health and Environment (KDHE), it has been determined that further study is necessary to develop clean-up or containment options for Brooks Landfill. Contamination discovered is isolated and impacts a closed portion of the oldest part of the Landfill (Cells C and D). These solid waste disposal cells are no longer in use. Membrane liners and clay have been placed on the top of these cells to prevent water from penetrating the cells and to protect the underlying ground water from contamination. There is no evidence that this contamination impacts the active portion of Brooks Landfill or the Arkansas River. This Contract will amend the existing Agreement with CDM to perform KDHE's required Corrective Measures Study. Although the contamination has been detected in the closed portion of Brooks Landfill, this study is critical to addressing ground water contamination, the vertical expansion and permitting process pertaining to the active portion of Brooks Landfill. The proposed scope of the work will involve the following: 1. Ground water directional flow determinations. 2. Preparation of (KDHE required) reports on the extent of contamination and work plan to address the contaminate. This work will include a Corrective Measures Assessment and a compliance monitoring plan. 3. Coordination of study with City staff and KDHE. The funding source is the Landfill Fund. Payment to CDM will be made in an amount not to exceed $85,000. Motion -- Knight moved that the Second Amendment be approved and the City Manager be authorized to execute; and staff be authorized to make the necessary financial -- carried adjustments. Motion carried 7 to 0. CDBG CONTRACT CDBG CONTRACT - HEALTHY CHILDREN'S PROJECT. Agenda Report No. 96-301. On October 17, 1995, the City Council authorized CDBG funds to assist in the project. The project involves constructing a primary health care facility on school grounds at Lincoln Elementary School for children and youth attending ten elementary and three middle schools. The program was determined to meet the low/moderate income benefit objective of the CDBG program on the basis a majority of students at these schools qualify for the free or reduced cost lunch programs. Subsequent to negotiations, it was determined USD 259 would be responsible for all construction costs; the CDBG funds would be used to purchase medical, dental, and other equipment for the facility. Approximately 3,600 patient encounters are anticipated the first year of operation. Services will include health assessments/physicals, screenings, immunizations, treatment, dental treatment, and counseling. Staffing, funded from non-CDBG sources, will include a full-time nurse practitioner, social worker and receptionist. A physician, dentist, and dentist hygienist will perform part-time services. A contract in the amount of $30,000 has been negotiated with Wichita/Sedgwick County Cities in Schools, Inc. as project administrator. The term of the contract is March 1, 1996 to February 28, 1997. Motion -- Knight moved that the Contract be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. NPDES PERMIT NPDES PERMIT RENEWAL ASSISTANCE. Agenda Report No. 96-302. The City is required to have a National Pollutant Discharge Elimination System (NPDES) permit to discharge treated sewage to the Arkansas River. In the spring of 1995 the City made application for a renewal of its wastewater NPDES permit. The existing permit for the Sewage Treatment Plant (STP #2) expired in October, 1995. The Kansas Department of Health and Environment has not yet issued the City a renewed permit for the five year period of 1995-2000. KDHE Surface Water Quality Standards, which were revised in 1994, may result in more stringent permit limits when the next NPDES permit issued. To address potential implications of the NPDES permit and avoid unnecessary expenditures on wastewater treatment improvements, which may have minimal benefit on the environment at a significant cost, the City sought the assistance of Brown & Caldwell in the analysis of and application for the City's NPDES permit renewal. The outcome of Brown & Caldwell's work leads staff to believe that it would be prudent to have some additional work done by Brown & Caldwell on the NPDES permit renewal. One of the major permitting issues will include the quarterly monitoring of a parameter called chronic Whole Effluent Toxicity (WET) Testing. USEPA performed this test in February, 1995 and found that the City's effluent did not pass the test criteria at certain dilution levels. This test uses living specimens (fathead minnows and water fleas) to determine organism survival rates and growth inhibition at various dilutions of final effluent and laboratory water. The test is expensive because of the use of live organisms, the time it takes to perform the test, (7-30 days) and the number of personnel required to measure and cultivate the organisms. The test can be highly subjective due to the different strains of organisms used, and the wide variances in laboratory water quality and temperatures. Staff believes that additional study of this issue needs to be performed by persons with expertise in interpreting WET test protocols, results evaluation, and NPDES permit language pertaining to WET testing. Other permitting issues that are of concern include: metals concentrations, the City's monitoring program, the derivation and application of low flow values in the Arkansas River, and final effluent ammonia limits. The issues are discussed in the order presented to wit: 1. Further restriction of metal discharges will require more restrictive local discharge limits on Wichita industries. This will cause each industry impacted by the limits to pay more to treat their industrial discharge. If treatment costs continue to rise it may create financial hardships for local industries. A more detailed study needs to be performed to determine if any proposed metal limitations are realistic and will significantly benefit the environment. 2. A preliminary report already completed by Brown & Caldwell indicates that the City's current river monitoring program needs to be more formalized and streamlined to optimize current testing protocol, and provide the City with the "sound science" it needs to effectively negotiate the NPDES permits. 3. KDHE continues to use the outdated "7Q10" low-flow value to determine the amount of flow in the Arkansas River to develop Final Effluent limitations. "7Q10" flow means the seven-day average low flow having a recurrence frequency of once in ten years, as statistically determined from historic stream flow data. Assistance in checking and interpreting the State's data and adding recent flow data may allow the City more flexibility in plant operations, yield higher effluent limitations, and reduce the frequency of WET tests, all of which have cost reduction potential. 4. KDHE is proposing more stringent ammonia limits which will restrict the flexibility Sewage Treatment Plant operations particularly during seasonal transitions, power failures and process upsets, all of which could result in nuisance violations that would have no impact on the receiving stream. Evaluation of the Kansas Department of Health & Environment's calculations could provide a rational basis for the State to reconsider proposed effluent limits. The cost of the additional engineering services will not exceed $32,000. Because of the Biosolids Storage Facility will be constructed at Sewage Treatment Plan #2, funds in Brown & Caldwell's design contract for environmental assessment of proposed off-site locations will not be expended. Staff recommends Brown & Caldwell's scope of work be amended and the unexpended funds be redirected towards NPDES permit assistance. City staff will assist the engineers in performing this study. Should the City choose not to perform this study, there is the potential that millions of dollars may have to be spent to upgrade the existing treatment facility. Further local industries may be forced to upgrade existing pretreatment facilities at a significant cost. Brown & Caldwell is familiar with Wichita's sewage treatment facilities and has at track record of success in permit modification for other municipal sewer utilities, to wit: Colorado Springs - Brown & Caldwell saved this city $22,000,000 in nitrification facilities by performing a site specific approach to meeting ammonia discharge limit regulations. The city's silver discharge limit was also evaluated resulting in an additional savings of $1,000,000 to avoid penalties and additional treatment for silver discharges. Lincoln, NE - Brown & Caldwell expects to save this city $17,000,000 in nitrification treatment costs. Littleton/Englewood, CO - This city avoided $3,000,000 in capital expenses by decreasing the size of the nitrification based on the findings of a water quality study done by Brown & Caldwell. The City must comply with NPDES permit conditions, once the permit is final. The City does have the opportunity to provide input concerning the conditions prior to finalization. Should the City provide sound documentation within the permit negotiation period, the City ratepayers, especially the industrial community, will benefit from a permit which will adequately protect the environment without expenditures to meet unnecessarily restrictive limitations. The City Council must approve contracts valued at more than $10,000. The Department of Law has reviewed the Supplemental Agreement and has approved it as to form. Motion -- Knight moved that the Supplemental Agreement be approved and the Mayor be -- carried authorized to sign. Motion carried 7 to 0. SWIMMING POOL REPAIRS SWIMMING POOL REPAIRS. Agenda Report No. 96-303. At the August 15, 1995, meeting City Council directed Park staff to perform an inspection of the City's fourteen swimming pools in order to make "cosmetic" repairs to the pools that would allow them to remain open in 1996. Council allocated funds not to exceed $100,000 to complete the repairs. Staff estimates that funds in the amount of $70,300 will be adequate to purchase materials and make repairs to the pools for a May, 1996 opening. The funds requested are for "emergency" repairs to ensure the safety of pool patrons in 1996, but are not sufficient to completely rehabilitate the pool system. In their 1996/1997 budget proposal Park staff recommended closing three children's-size swimming pools in 1996 due to deterioration of the pools and low user rates. Savings realized by closing these three pools would assist with funding for repairs to the City's eleven remaining pools, which are more highly-used. Citizens urged City Council to allow these three pools to remain open in 1996 and suggested that Park staff and neighborhood representatives work together to find alternatives to the pool closings for the following year. Park staff has met on several occasions with citizens from the Lincoln Park, College Hill Park and Fairmount Park neighborhoods where the three pools identified for closing are located. Further meetings are scheduled in the coming months to discuss a variety of options for these pools proposed by both citizens and Park staff. Options that include converting these pools to user-friendly water features for children, closing the pools, or constructing larger facilities, will be considered on the basis of available funding and the desires of the neighborhood residents. It is hoped and intended that there will be a neighborhood consensus and recommendations for these three neighborhood pools by the end of July, 1996. In addition, recommendations for swimming pool operations and renovations will be part of a proposed consultant's study of Park facilities, planned for 1997. A total of $200,000 was allocated by City Council from the Debt Service fund to the Park Department for the purpose of making "cosmetic" repairs to municipal swimming pools and for other Park improvements. Repairs to swimming pools were not to exceed $100,000 in 1996. It is requested that $70,300 of these funds be used immediately for emergency pool repairs, and the remaining $20,700 be applied toward a comprehensive rehabilitation of identified swimming pools later in the year. Motion -- Knight moved that the funding to make emergency repairs to swimming pools be -- carried approved. Motion carried 7 to 0. PROPERTY DISPOSITION SALE OF SURPLUS PROPERTY LOCATED ON WATER STREET, BETWEEN KELLOGG AND ORME. (Item No. 27) Agenda Report No. 96-304. The City of Wichita has received an offer of $10,100 from BG Products, Inc., to purchase a piece of city- owned surplus property. The parcel is located on Water Street, at the north end of the block on the west side of Water between Kellogg and Orme Street and is described as: Lot 8, except CC A-76055 & except the west 30 feet of Greenbay Addition and, Lot 2, except the east 10 feet for Street, Fechheimer's Addition to Wichita Sedgwick County, Kansas. The City acquired the property, along with several other parcels from Davis-Moore as part of the Kellogg Flyover project. When purchased, the parcel had 51,735 square feet and was improved with a 6,790 square foot automotive service facility. The purchase price was $415,000 or approximately $8.00 per square foot. The City demolished the structures and utilized the required right-of-way for the overpass leaving approximately 5,180 sq. ft. of land for redevelopment purposes. The lot is zoned "B" Multifamily. The neighborhood is a mixture of industrial uses and older residential properties. Water Street is a two- lane paved residential street that serves the neighborhood. At the site, Kellogg is an elevated roadway. Access to Kellogg is via frontage roads beginning at Main St. to the east. BG Products is a producer of petroleum additives with facilities directly west of the site. They are proposing to use the lot in the near term for additional parking to serve their facility that is directly to the west of this lot. They eventually plan to construct a new addition to their laboratory on this and adjoining sites. The City has previously received an offer on this property for $5,000. The property was to be used for the construction of a commercial billboard to be viewed by those traveling on Kellogg. As a condition of the purchase the City will not allow the construction of any commercial signing other than that normally used to advertise the location of the business. The property size and relationship to Kellogg limits redevelopment. A 25 foot building setback prohibits development of 1,875 sq. ft. of the parcel reducing the developable site size to 3,305 square feet, not including any side yard setbacks. Based on the gross square footage of 5,180, the offer equates to $1.95 per square foot. Brokers opinions of value were about $1.00-to-$1.50 per square foot with value only to adjacent owners. The only previous offer was $5,000 from an individual who wanted to put a billboard to be seen from Kellogg on the site. Sale price is $10,100 with no real estate commission. Closing costs will be shared 50% by buyer and 50% by seller. After the sale, the parcel will return to the tax rolls. Council Member Ferris Council Member Ferris said the City paid $8/s.f. and this action would be selling the property for $2/s.f. which is significantly less. Motion -- Ferris moved that the sale not be approved. Council Member Kamen Council Member Kamen said a policy for property disposition had been requested by the Council. There needs to be more wide-spread publicity regarding property the City has to dispose of. Chris Cherches City Manager said Staff would return with a property disposition strategy in a workshop setting in the near future. -- carried Motion carried 6 to 1. Cole - No. EMINENT DOMAIN PAYMENT OF APPRAISER'S AWARD AND FEES - NORTH OLIVER PROJECT. (District I) Agenda Report No. 96-305. On February 16, 1996, the City filed eminent domain proceedings to acquire a strip of street right-of-way from the property at 3240 N. Oliver. This right-of-way is necessary for the construction of improvements to Oliver Street from 25th to 35th Streets. The right-of-way is a 20 foot by 245 foot strip along the front of the property. The court-appointed appraisers valued the right-of-way taken at $800. The court awarded the appraisers fees in the amount of $500 each. Court costs are $66.50. The report of appraisers was filed April 2, 1996, and for the City to acquire the right-of-way it is necessary for it to pay the award, costs and fees into the Clerk of the District Court on or before May 2, 1996. This award and the fees and costs will be charged against the North Oliver Project. The City must pay the award, costs and fees into the court by May 2, 1996, in order to acquire the necessary right-of-way. Motion -- Knight moved that payment of the sum of $2366.60 to the Clerk of the District -- carried Court be authorized. Motion carried 7 to 0. USD 259 AGREEMENT AGREEMENT WITH USD-259 PERTAINING TO NORTH INDUSTRIAL CORRIDOR. Agenda Report No. 96-306. Following a hearing on March 5, 1996, the City Council established a TIF district for funding of the investigation and remediation of the North Industrial Corridor (NIC) Site. By statute, U.S.D. 259 had 30 days from the date of the hearing to find that the TIF district will have an adverse impact on the District. On April 2, 1996, the Council authorized the City Attorney to negotiate an agreement with the School Board attorney pertaining to the School Districts' participation in the NIC Site. By this Agreement, the School District agrees that it will not pass a resolution finding that the City's TIF District has an adverse effect upon the School District. The Agreement also recognizes that the School District (which is a property owner in the NIC Site) intends to enter into the NIC Participant Agreement (which is still being negotiated with NIC area participants), subject to certain conditions. This Agreement sets forth the methods for determining School District responsibility for any costs of environmental remediation in the event that a NIC Participant Agreement is finalized with other parties. The School District has the first right to investigate and remediate contamination on its own property. The District will be responsible only for costs associated with contamination caused by the District and not for costs attributable to any other person. It will pay its proportionate share of contamination that has mingled with that of other parties. This Agreement provides a framework for future allocation of investigation and remediation costs, if necessary, and has no current financial impact. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. FIRE PUMPERS/EQUIPMENT AUTHORIZATION TO SELL/DONATE FIRE PUMPERS/EQUIPMENT. (Item No. 30) Agenda Report No. 96-206 a. As a result of its vehicle replacement program, the Fire Department has five surplus fire pumpers. The Fire Department has solicited Request for Proposals on pumpers; and had proposed to donate two pumpers to Wichita's Sister City, Cancun, Mexico. On March 5, the City Council deferred consideration of donating the two fire pumpers to Cancun and requested that Staff contact communities in Kansas to determine their interest in acquiring surplus fire pumpers. Prior to the March 5, Council meeting, Staff had sent out Request for Proposals to over 600 Kansas communities on the three fire pumpers. Bids for those fire pumpers and other fire equipment were received on March 29, 1996. When the City Council took action to defer the donation of the vehicles, the City's Purchasing Division had already solicited bids through an RFP process. Therefore, if the City Council wishes to follow a different "offering" to Kansas communities, this can be accomplished. However, the end result might not be different, unless the Council wishes to give the fire pumpers away, versus accepting the bids received on March 29, 1996. Three cities submitted bids. The two fire pumpers that Staff recommends be sent to Cancun are older vehicles than the other three and would only be appropriate for in-town usage. Fire Officials in Cancun have indicated that the pumpers are desperately needed and would be of great use to their community. Cancun officials will make arrangements for the trucks to be shipped to Cancun. The Law Department is reviewing the North America Free Trade Agreement for the responsibilities of the City of Wichita in the donation of the fire pumpers. Cancun will cover all shipping cost for the pumpers. Cancun will also cover travel expenses for a City firefighter to provide training to the Cancun firefighters on the use and maintenance of the trucks. Council Member Ferris Council Member Ferris suggested telephone calls be made to communities in the MSA to see whether there was any interest or need for the pumpers and, if there is interest, the pumpers be given away. There would be more good will gained than the City is getting from the sale. Council Member Rogers Council Member Rogers suggested the pumpers be given to those who bid on them. Council Member Ferris Council Member Ferris said Shell Knob, Missouri, is not the same as a neighboring community. Motion -- Ferris moved that pumpers 4 and 5 be given to Cancun, Mexico, and the execution of the necessary transfer papers be authorized; that the bids be accepted on the remaining three pumpers; and that a letter be sent to Conway Springs waiving -- carried payment of the $3,500. Motion carried 7 to 0. CONSULTANT AGREEMENT REAL PROPERTY LEGAL SERVICES. (Item No. 31) Agenda Report No. 96-307. The City anticipates continuing real property transactions (acquisitions of properties or rights-of-way) in connection with the conversion of U.S. Highway 54 (Kellogg) to a limited access expressway. In addition, it is anticipated there will be claims because of the impact the change will have on adjacent property owners. The City is also involved in other eminent domain, inverse condemnation, and related property acquisition matters. As a result of a Request for Proposals (RFP) process in 1993, the law firm of Morris Laing Evans Brock and Kennedy was selected to perform legal services. The contract was extended in 1995 for a one-year period. Over the past three years, the law firm has provided high quality legal services to the City. Motion -- Ferris moved that the RFP process for real property professional legal services -- carried be initiated. Motion carried 6 to 1. Kamen - No. BROADVIEW PARKING GAR. BROADVIEW PARKING GARAGE MANAGEMENT AGREEMENT. Agenda Report 96-408. On January 30, 1996, the City Council approved the issuance of a Letter of Intent to Historic Hotel Partners of Wichita, L.P. ("HHP") relating to the acquisition and renovation of the Broadview Hotel. The Letter of Intent detailed the City's intention to issue industrial revenue bonds to finance the costs of such acquisition and renovation, the partial abatement of taxes on the property, and the acquisition by the City of the parking garage located across Waco Street from the hotel, financed by special assessments levied against the hotel property. The Letter of Intent also provided for the City and HHP to enter into a management contract for operation of the garage by HHP. City staff and HHP have negotiated the terms of the management agreement, using the parking garage operating agreement entered into with East Bank Hotel Associates as a model, as stipulated in the Letter of Intent. As a practical matter, any differences between the management contracts with the two hotel operators are simply reflective of the differences between to two deals. The major difference is that in the Broadview garage, there can be no designation of parking spaces reserved for hotel guests. Another difference is the term of the agreement. The EBHA agreement has a term of 15 years, whereas the Letter of Intent between the City and HHP calls for a term of 50 years. HHP is fully responsible for all operating costs and all maintenance and nonstructural repairs. The City's only exposure is for the repair of structural damage to the garage and that contingency will be insured against. Any net cash flow resulting from the operation of the garage will be shared 50-50 between the City and the Broadview Hotel. The City's outside counsel, Mert Buckley of Adams, Jones Robinson & Malone, has participated in the drafting and negotiation of the management agreement. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. ORDINANCES FIRST READING ORDINANCES. Agenda Report No. 96-309. Review of position classifications is an ongoing process for the City. With changes in services provided and in the way departments and work programs are organized, positions need to be created and/or modified accordingly. To the extent practical, it is desirable to have job titles which best reflect the actual duties of positions. Changes are recommended to certain jobs and titles to better describe the nature of the jobs and to adopt more current job descriptions. The recommended changes are as follows: Existing Title Proposed Title Safety Officer I Airport Public Safety Officer I Safety Officer II Airport Public Safety Officer II Safety Supervisor Airport Public Safety Supervisor Assistant Safety Supervisor Assistant Airport Public Safety Supervisor Data Center Director Information Systems Director Additional changes are recommended as a result of the reassignment of duties within the City's organization. Certain job functions and responsibilities have been combined with new assignments making it appropriate to change the title of Intergovernmental Relations Director to Intergovernmental Relations/Environmental Education Director, and to reinstitute the position of Administrative Services Director. Because of changes in reporting relationships, level of responsibility and complexity of duties, it is recommended that the pay range for Purchasing Manager also be changed. The creation of a separate job title of City Clerk is recommended, with no adjustment to pay range, to recognize expanded duties and to clarify records management responsibilities. The changes to Airport titles have no impact on wages or salaries, but will affect pension costs as addressed in a separate agenda item. The remaining changes result in minimal budget impact, and are within 1996 budgeted allocated amounts. Motion -- Knight moved that the Ordinance be placed on first reading. Motion carried -- carried 7 to 0. ORDINANCE An Ordinance establishing position classifications for employees of the City of Wichita and prescribing pay rates by reference to position classifications in the schedule of pay ranges repealing Ordinance No. 42-973, introduced and under the rules laid over. SECOND READING ORDINANCES. ORDINANCE NO. 43-121 An Ordinance declaring Waterman from Wichita to Main, Wichita from Waterman to Lewis, and Lewis from the east termination of the Maple/Lewis Street Bridge to Main (East Bank Streets) (472-82628) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. ORDINANCE NO. 43-122 An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. Z-3197 ORDINANCE NO. 43-123 An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. Z-3199 ORDINANCE NO. 43-124 An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. A-96-5 ORDINANCE NO. 43-125 An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. A-96-6 ORDINANCE NO. 43-126 An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. A-96-7 Motion -- Knight moved that the following Ordinance be placed on second reading. Motion -- carried carried 7 to 0. ORDINANCE An Ordinance granting to Southwestern Bell Telephone Company, its successors and assigns, a Franchise and the right to construct, operate, maintain, and extend a telecommunication system in the City of Wichita, Kansas, prescribing the terms of said grant and relating thereto; and repealing Ordinance No. 40-649 and all other ordinances and resolutions and parts thereof inconsistent or in conflict with the terms hereof, read for the second time and under the rules laid over. PLANNING AGENDA Marvin Krout Director of Planning stated that Items 35, 36, and 37 could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Knight moved that Planning Agenda Items 35, 36, and 37 be approved as consensus -- carried Items. Motion carried 7 to 0. S/D 95-23 S/D 95-23 - PLAT OF THE KENSINGTON PLACE ADDITION, LOCATED NORTH OF 2ND STREET (Item No. 35) NORTH AND WEST OF WOODCHUCK. (District V) Agenda Report No. 96-310. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. (unanimous) This site is located in a developed area of the City and needed facilities are already available. However, to provide for a section of sidewalk along existing streets where a previous sidewalk system exists, a sidewalk certificate has been provided. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Certificate Sidewalk Certificate from Metro Senior Residences, L.P. Motion -- Knight moved that the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be -- carried authorized to sign. Motion carried 7 to 0. S/D 95-84 S/D 95-84 - PLAT OF THE TIMBER RIDGE 3RD ADDITION, LOCATED SOUTH OF 21ST STREET (Item No. 36) NORTH AND EAST OF MAIZE ROAD. (District IV) Agenda Report No. 96-311. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. (unanimous) Petitions, all 100%, have been submitted for sanitary sewer and storm sewer improvements. A Certificate of Petitions has also been submitted. A zone change (Z-3181) from "AA" (SF-6) One family to "BB" (GO) General Office zoning has been approved for a portion of this site subject to platting. To minimize the number of access openings to 21st Street North, the applicant has provided a joint access easement for the lots being zoned office. As a condition of the zone change, the applicant has provided a covenant which restricts the uses to be developed at this site and also places other development controls on the office portion of the plat. Maintenance of a landscape buffer along the east line of the office area has also been addressed in a covenant provided by the applicant. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Sewer 100 Percent Petition for construction of Lateral 124, Westlink Sewer (south of 21st, east of Maize) Project No. 468-82594 ($29,000 S.A.) (Hold for development) Sewer 100 Percent Petition for construction of Storm Water Drain No. 118 (south of 21st, east of Maize) Project No. 468-82595 ($9,100 S.A.) (Hold for development) Documents Restrictive Covenants and Grant of Joint Access Easement from B & E Investments and T.K. Development, Inc. Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign; and the associated zone change Z-3181 Ordinance be placed on first reading with publication of the Ordinance being withheld until such time as the plat has been -- carried recorded with the Register of Deeds. Motion carried 7 to 0. RESOLUTION NO. R-96- 135 Resolution of findings of advisability and Resolution authorizing construction of Lateral 124, Westlink Sewer (south of 21st, east of Maize) Project No. 468-82594 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96- 136 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Drain No. 118 (south of 21st, east of Maize) Project No. 468-82595 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. ORDINANCE An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, introduced and under the rules laid over. Z-3181 S/D 95-86 S/D 95-86 - PLAT OF THE TOWNE PARC 6TH ADDITION LOCATED WEST OF WEBB AND SOUTH OF (Item No. 37) PAWNEE. (District II) Agenda Report No. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. (unanimous) Petitions, all 100%, have been submitted for sanitary sewer and sidewalk improvements. A Certificate of Petitions has also been submitted. This site is within the noise impact area of McConnell AFB and an avigational easement and restrictive noise covenant were required. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Documents Avigational Easement, Certificate, and Restrictive Covenant from I.T.J. Investment, Inc. Sewer 100 Percent Petition for construction of Lateral 129, War Industries Sewer (south of Pawnee, west of Webb) Project No. 468-82575 ($33,400 S.A.) (Hold for development) Sidewalk 100 Percent Petition for construction of a sidewalk along Linden, Project No. 472-82689 (south of Pawnee, west of Webb) ($9,600 S.A.) (Hold for development) Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 7 to 0. RESOLUTION NO. R-96- 137 Resolution of findings of advisability and Resolution authorizing construction of Lateral 129, War Industries Sewer (south of Pawnee, west of Webb) Project No. 468-82575 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96- 138 Resolution of findings of advisability and Resolution authorizing construction of a sidewalk along Linden, Project No. 472-82689 (south of Pawnee, west of Webb) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. Z-3200 Z-3200 - REQUEST FOR ZONE CHANGE FROM 'AA' ONE FAMILY DWELLING DISTRICT TO 'BB' OFFICE DISTRICT, LOCATED ON THE NORTHWEST CORNER OF ZELTA AND LEWIS STREETS. (District II) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 96-313. MAPC Recommendation: Failure to approve (denial) (6-6). Staff Recommendation: Deny. CPO Recommendation: Approve (4-3). The applicant requests a zone change from 'AA' One Family Dwelling District to 'BB' Office District for the south half of Lot 40, Linwood Acres Addition, located at the northwest corner of Zelta and Lewis Streets (one block north of Kellogg). Bauer & Son, Inc. (contract purchaser) proposes to construct an office on the site (northwest corner of the intersection) for the construction equipment and storage yard that is located southwest of the intersection. The subject property is currently vacant and surrounded by several single family homes to the east, a single family home and church to the north, a vacant lot to the west, a mobile home park to the southwest, the applicant's construction equipment and storage yard to the south, and a commercial business to the southeast with frontage oriented to Kellogg. The site has access only to unpaved residential streets and there are no other examples of nonresidential zoning along Kellogg extending north of Lewis. Planning staff recommended denial based on the exclusively residential character of the area north of Lewis street, and the option for this office, which has operated at a remote location from the storage yard for a number of years. At the MAPC hearing, two residents spoke in opposition and claimed to represent other residents in the area. The applicant's agent offered a number of restrictions, including use limitations, building setbacks, no access to Zelta, maximum one store height, sign limitations, and residential-looking design. The MAPC vote was 6-6 on a motion to approve the request, which is in effect a recommendation of disapproval. Motion -- Kamen moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendations of Staff and the MAPC that the Zone Change request be denied be accepted; and that Staff findings be referred to the MAPC. Motion carried -- carried 7 to 0. ADJOURNMENT The City Council meeting adjourned at 12:05 p.m. Pat Burnett Deputy City Clerk COUNCIL PROCEEDINGS JOURNAL 161 APRIL 9, 1996 Page