MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, June 11, 1996 Tuesday, 9:06 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cather, Cole, Rogers; present. Council Members *Ferris, Gale, *Kamen; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Ruth Ann Clarehout, United Methodist Church. *Council Member Ferris present. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. Minutes -- The minutes of the regular meeting of June 4, 1996, were -- approved approved 7 to 0. AWARDS AND PRESENTATIONS PROCLAMATIONS Mayor Knight presented the Proclamations previously approved. PUBLIC AGENDA COMMENTS BY PHYLLIS HALL. Phyllis Hall Phyllis Hall, member of Planeview United, said it was understood that funds were allocated for a Planeview Neighborhood Action Plan to be used for Whitney Lane and Stearman Court as a pilot program. So far, water meters have been installed and sewer studies are being done. Ms. Hall asked when and where the sidewalks and parking pads are to be installed. Ms. Hall also stated that the City Codes need to be enforced and tickets should be issued for parking on grass or sidewalks and working on cars for cash in a residential area. *Council Member Kamen present. Chris Cherches City Manager said the City Council had previously approved a pilot project which would involve the renovation and modernization of Whitney and Stearman Court. Funds were appropriated to perform certain public improvements in partnership with the property owners in the area. Action by the City Council was that the funds would be appropriated for those public expenditures subject to the partnership of the private property owners to do code enforcement and make certain other private type improvements. Staff has been developing an action plan for the area to be implemented starting, it is thought, in two to three weeks. The utilities have been coordinated for water and sewer, and the drainage is being looked into. There will now be meetings involving the property owners to officially kick-off the pilot project. Staff will be looking for commitment from the private side as to what they will be doing in partnership with the expenditure of public funds. The idea, when the Council approved the project, based on the consultant's report, was that the public funds would be a stimulus to private investment and the modernization and co-compliance work in the area. If successful, Staff will bring back another project, in conformance with the overall Comprehensive Plan, for the next phase in the Planeview area. Council Member Cather Council Member Cather said it is hoped the money the City has appropriated is going to act as a stimulus to property owners which will get the project started. Council Member Cole Council Member Cole recalled the Council talking about spending tax dollars to raze properties which were located far enough in so that parking was not available. Also discussed was improving and replacing infrastructure (sewer, water, streets, and curbing). Council Member Cole said she did not recall the Council discussing paying for sidewalks and parking which would be available for private use. Chris Cherches City Manager said the overall plan indicated the need for an effort to find a way that some of the cars would have a more adequate and safe place to park other than in the boulevard areas and on the streets. The overall plan recommended some off-street parking arrangements. In the Council's pilot project, there was no commitment by the Council to perform all of the improvements totally with public funds because it has a private benefit. The Council appropriated approximately $229,000 to address the public needs in the area with the anticipation of private funds to address all of the issues identified by the consultant (sidewalks, parking, streets, curb, gutter, trees, lights, etc.). The limited public funds will not be adequate to accomplish all of the needs without some private participation. Council Member Cather Council Member Cather explained that one of the big problems for residents of Planeview is parking. Parking sites are sometimes far away from and out of view of the dwelling units. If some of the structures which are not very habitable can be removed and parking which is safe from vandalism can be made available, the area will be revitalized. The project is moving forward and everyone should have an ownership in the plan. UNFINISHED BUSINESS SNAP-IT PROGRAM SNAP-IT PROGRAM. Gary Rebenstorf Director of Law reviewed the Item. Agenda Report No. 96-470. In November, 1995, the City Council approved amendments to the handicapped parking ordinances of the City to provide a mandatory $100 fine for all handicapped parking violations, regardless of whether the person had a valid placard at the time of the violation. The amendments also provided that a Municipal Court Judge may order community service instead of the mandatory fine if the court finds the person is financially unable to pay. Other amendments were made to strengthen the Snap-It program. A special Snap-It court docket was established in October, 1995. All handicapped parking tickets scheduled for trial are set on this monthly docket. The docket is conducted as part of the Neighborhood Court, and is held at the Patrol West police substation facility on the first Tuesday of every month. On May 7 , 1996, the City Council requested a review of the Snap-It program, based on questions and concerns about the mandatory fine and requested staff to assemble data on the Snap-It Program. The Commission on the Status of People with Disabilities (CSPD) conducted a public hearing on May 29, 1996, to obtain public input on the mandatory fine issue. The meeting was attended by thirty-nine citizens. Sixteen persons addressed the CSPD during the meeting, on both sides of the issue as to whether there should be a mandatory $100 fine, or a reduced fine for handicapped persons who failed to display a placard. At the end of the hearing, the president of the CSPD announced that on Wednesday, June 5, 1996, the CSPD would conduct a special meeting to consider the public comments and decide on a recommendation to forward to the City Council. At the special meeting of the CSPD on June 5, 1996, the CSPD discussed the citizen input from the May 29th meeting, reviewed messages and letters from citizens expressing opinions concerning the mandatory fine, and expressed individual positions on the issues. The CSPD recommended to the City Council that the October, 1995 ordinance remain and continue in effect. The motion carried, seven (7) in favor and three (3) opposed. Council Members Cole and Cather were asked by the City Council to evaluate the program and return to the City Council with recommendations on June 11, 1996. The amendments to the Snap-It Program went into effect on November 10, 1995. The following summarizes the case activity of the Snap-It Program for the time period of November 10, 1996, through May, 1996. Description Issued before Issued after Number of Tickets 11/10/95 11/10/95 Issued 1,985 468 Abated 6 0 Uncollected bad check 2 0 No action taken 25 54 Disposed of - non-pay 6 1 Nolle Pros'd 97 6 Officer no long on force 2 0 Disposed of because of officer error 11 0 Paid 1,026 248 Set for court 607 124 Disposed of because of lost/stolen tag 3 0 Currently on warrant 200 35 Paid with the fine reduced to $10 691 N/A Number of Repeat offenders 152 22 Amount paid $32,822.00 $24,995.00 Amount paid - 1993 Not available - information purged Amount paid - 1994 $21,040.00 Amount paid - 1995 $12,000.00 Amount paid - 1996 $24,677.00 (January through May) Mayor Knight Mayor Knight inquired if anyone wished to be heard. Susan Cook Susan Cook said the judge does have discretion to find a person not guilty if evidence is not convincing, or to allow community service hours for those who cannot afford to pay cash for the fine. The rules which are sent with a handicap placard clearly indicate that a vehicle is only legally parked in a handicap zone when a license plate or current placard is properly displayed and an identification card is being carried. There are no exceptions to the rules. Responsible disabled citizens are not asking for exceptions. Vigorous enforcement of handicap parking in Wichita has been in effect for only seven months. For an accurate statistical analysis of the results of the ordinance, the ordinance should remain unchanged for at least one year. Statistical analysis of earlier ordinances (Richard Gutierrez, Kansas University) covered several quarters and indicated that leniency and complicated administration led to widespread and repeated abuse. Ms. Cook urged full support of the current Ordinance and the Snap-It Program. Sandy Medley Sandy Medley presented a petition with 360 signatures which read: "We the undersigned are requesting that the following action be taken to correct the unjust and unfair Fines being assessed for failure to display a Handicapped Placard while parking in a space reserved for the Handicapped. 1) Reinstate Paragraph 25(g) of Section 1 section 11.52.020 of the code of the City of Wichita to provide for a reduction of the fine to $10.00 when the person charged with parking without authorization produces evidence of possessing a current and valid license plate, placard, and individual identification card. 2) Rescind the current provisions of 11.52.020 (25)(h) which requires the $100.00 fine to be mandatory. Restore the right of the Judge to waive, remit, suspend, parole, or otherwise suspend the payment of any and all fines. 3) Take the necessary action to amend section 11.52.025 to place responsibility of the Snap-It program under the Wichita Police Department and remove it (from) the Human Services Department." Chad Taylor Chad Taylor, Snap-It volunteer, spoke against reducing the penalty or changing the Ordinance. The only exception would be that the Ordinance might be broadened to include illegal use of placards. Susan Wojakowski Susan Wojakowski spoke against changing the Ordinance. Ms. Wojakowski asked that the handicapped not be treated special just because there are some who do not want to be accountable when caught without having their placards properly displayed. Those persons should be angry with themselves not with the system which is trying to protect them. Larry Bender Larry Bender, former member of the CSPD, said he was tired of having to fight over and over again for protection of handicap parking and the enforcement ordinance. John Frye John Frye, retired Executive Director of the Starkey Development Center and former member of the CSPD, said that with equality comes responsibility. The Ordinance is excellent and should not be changed because some people with disabilities forget part of life responsibilities. If these persons cannot remember to display their placards, they should obtain a handicap tag for the vehicle. To keep down abuse of handicap parking, the laws have to be tough on everyone who does not obey them. The placard gives ability and responsibility. Steve Zluticky Steve Zluticky, Snap-It volunteer, said some abuse the placard and others who need parking cannot find parking. The Snap-It Program helps those who are in need. If other laws are broken, the penalty is the same for all. The Ordinance should not be changed. Mr. Zluticky said the local MS Office gives information regarding the Wichita Snap-It Program to other cities so the program can be started in other areas. Dorothy Elliott Dorothy Elliott presented a petition which read the same as the petition presented by Ms. Medley, and stated that they had received a ticket when a red obsolete placard was used and it was not known it was obsolete. Ms. Elliott said those who are not handicapped and who break the law should be ticketed. Other cities have fix-it tickets and Wichita should also have this provision. Most people try to remember their placards but some forget. Hank Blase Hank Blase said all that is required is that the placard be properly displayed. Under the new ordinance, there are under 1 percent repeat violators. The present Ordinance should be retained. Dorothea Sloan Dorothea Sloan, CSPD, said the CSPD voted 7 to 3 to recommend that the Ordinance not be changed. Ms. Sloan suggested that telephone calls from the public, requesting information or registering complaints, be forwarded to Hank Blase, Shirley Younce, or Ms. Sloan. Ms. Sloan said a hotline would be a good addition. Jean Heath Jean Heath stated that under the old ordinances, tickets were thrown out. Now, there is an ordinance with some "meat" in it which should not be changed. Ed Koon Ed Koon said the issue is whether the disabled who fail to properly display a placard should be fined the same amount as an able-bodied person who wilfully violates the City Ordinance; and should the fines associated with handicap parking be mandatory. Mr. Koon suggested that before any changes are made to the Ordinance, the Council talk to judges, court personnel, petition signers, and victims of the change in the Ordinance. The two sides are not so far apart that a common ground cannot be found. Theresa Lawrie Theresa Lawrie said the current Ordinance gives the judge no leeway and that even the State Law does not 'require' a fine. Ms. Lawrie suggested the City Council Members do a test by keeping track of placards and hanging them each time they left their vehicles for 30 days - then a determination be made on the issue. Council Member Kamen momentarily absent. Frank Akerman Frank Akerman stated that those who cannot remember to hang the placard have the choice of a handicap tag. Mr. Akerman urged retention of the current Ordinance. Council Member Cather Council Member Cather said he is impressed with one vulnerable area in the law - the identity of the individual who comes forward with the ticket. Very seldom can it be assured that the person who has the placard, appears in court, and is disabled is, in fact, the person who was driving the vehicle on the day in question and who parked the vehicle in the particular location in question. This problem is with all parking tickets, not just Snap-It tickets. Parking tickets are, therefore, issued to the owner of the vehicle and it is hoped the right person receives the ticket. It is understood that about 50 percent of the placards are fraudulently used in the United States which is why the disabled parking spots are abused. Disabled parking works in a few communities and one of the communities is Wichita. The only reason it works in Wichita is because it has been made very simple. If, in fact, the placard is not properly displayed or there is not a disabled tag on the vehicle, the ticket is enforced. If there were a way to get around the identity problem, both sides of the issue could probably be satisfied. A solution would have to be very simple. Council Member Cole Council Member Cole stated that when there were graduated fines, the computer system could not identify repeat offenders or keep track of the sequential number of fines for individual offenders. The graduated fines became an administrative nightmare and nothing has changed in the Municipal Court System, at this point, to make tracking any easier. The program is strong and is working; the repeat offenders are down; and the Ordinance should be continued for enough time to tell for sure about the number of repeat offenders and until some of the problems can be solved. Council Member Kamen Council Member Kamen said the only thing the information received from staff shows is that a large number of citations are being issued. When found guilty, community service or a fine is a penalty. A lot of people have never been convicted of anything and the necessity of going to court and being convicted is very traumatic experience. With regard to the Snap-It budget, volunteers should not have to use their own money to take care of expenses such as gasoline to perform the public service. Perhaps the Snap-It budget should be enlarged. One problem is the fraudulent use of placards and disabled tags. If 50 percent of the use is fraudulent, that is the problem - not forgetting to hang the placard properly. Perhaps fraudulent use is where the Council should look to solve the problem. Two things are repugnant: 1) an able-bodied person taking advantage of services reserved for other people such as those with a physical disability; and 2) innocent people being convicted of something for which they should not be convicted. Gary Rebenstorf Director of Law, responding to questions, said the penalty provision of the current Ordinance provides a $100 mandatory fine for each violation. The problem with the previous Ordinance was trying to track who was the first offender and whether or not they paid because a person would go to the Municipal Court Clerk's window and the paper work was not available or the computer system was not set up to handle and find that information. That is a problem with the current computer system. Regarding handicap parking spaces, the Director of Law said State Law and City Ordinance requires a sign and not just a painted insignia on the parking surface. Council Member Ferris Council Member Ferris suggested persons receiving handicap parking tickets might go to court, show their ID and their placard, and testify in court that they were the person driving the vehicle at the time. On first offenses only, the judge could be allowed to reduce the fine to a preset amount (determined by the City Council) and court costs. Council Member Rogers Council Member Rogers spoke in support of the Snap-It Program but said the judges should be given more discretion. There should be a basis of evidence. It is disgusting to see someone with a handicap placard jump out of a car which is parked in a handicap parking space. Forgetfulness should not be considered as a reason to dismiss or lower the fine on a ticket. Gary Rebenstorf Director of Law clarified that recent State Legislation set the minimum fine for a handicap parking violation at $50 which would not allow the City to set a lower minimum. As further clarification, the Director of Law, regarding court costs, said the present ordinance for court costs imposes $37 for each violation whether the ticket is paid or set for court. There is an exception in the ordinance for parking tickets. If a parking ticket is paid, the $37 court cost is not paid. However, there is a provision in the ordinance that if a case is set for trial, there is a $10 court costs. So, if a parking ticket is set for trial, the $37 plus $10 is paid. If the parking ticket is just paid, it would just be the $100 in this situation. The computer tracking problem with the Snap-It tickets was with the volume of tickets and with the first, second, and third offenses with increasing amounts of penalty. Mayor Knight momentarily absent with Vice Mayor Cather in the Chair. The Director of Law, answering a question regarding registering handicap placards and tags, said the process for issuing and administering the tags and placards is under a program set up by State Statute and the City can not register either the placards or tags. Under City Ordinance, the City has a fine of from $100 to $300 for fraudulent or misuse of a placard. Placards have a date on them and the ID cards have a date. The date on the placards can be seen if the placards are hanging correctly. The assessment of court costs is within the Council's discretion. Mayor Knight Mayor Knight said he would rather see the ordinance remain as it is and the matter be referred to and have recommendations come from the CSPD. Council Member Cather Council Member Cather said there is concern with regard to perjury. The problem is others using disabled placards illegally. Perhaps Mr. Koon and Mr. Blase can discuss this matter and see if there is a way to resolve the issue. Motion -- Cather moved that the findings and recommendations (that the Ordinance be left in tact, at least for now) of the CSPD be adopted. This would allow the present ordinance to be in place for at least one year to see what kind of statistics the City has. Council Member Cole Council Member Cole said Ms. Sloan's offer to take calls or provide a hotline is very good. It is hoped the recommendation regarding the hotline will be moved forward with and that the hotline will be made known to the public. Amendment -- Cather, with consent of the second, amended the motion to add that the issue be referred back to the CSPD for continued consideration of the ordinance, comments, and recommendations; and that recommendations be returned to the City Council by no later than November, 1996. Council Member Rogers left the Bench. -- carried Motion carried 5 to 0. (Gale, Rogers; absent) Council Member Rogers present. ALLIS HOTEL DEMOLITION OF ALLIS HOTEL. Council Member Ferris Council Member Ferris said a company has contacted the City and expressed an interest in the Allis Hotel. City Staff has investigated the Company and believes the Company has the financial and physical means to rehabilitate the Allis. The Company has indicated that it will require 45 to 60 days for a preliminary investigation to be done and, at that time, the Company will know either that they cannot save the building or that they want to continue. Motion -- Ferris moved that action on the Allis be deferred for 45 to 60 days and that this matter be allowed to take its course; that City Staff be authorized to give all available assistance to the Developer; and that Council Members Cole and Ferris be authorized to remain in contact with the Developer to see whether there is an availability for completion. Council Member Rogers Council Member Rogers said this matter needs to come to fruition and it is hoped that any other offers also be presented within the 60 days so a conclusion can be reached. Council Member Ferris Council Member Ferris said the potential developer has done many of these projects or this would not be considered. -- carried Motion carried 6 to 0. (Gale absent) SOLID WASTE MANAGEMENT PUBLIC COMMENT ON SOLID WASTE MANAGEMENT. ADDENDUM ITEM Mayor Knight Mayor Knight stated that the Regional Assembly on Solid Waste, the town and country meetings, and the volume of calls and letters have provided a constancy and consistency of some recognizable values in the community. There is a very strong constituency for reducing waste as much as possible through very thoughtful recycling initiatives and all of the other things in the Integrated Solid Waste Strategy. People are concerned about the price - they do not want rate shock. Most people are interested in having some flexibility and do not believe that technology today will be the same as it will be in five or ten years. And, there is a recurring expectation for cooperation. Most people believe that they have elected the City Council to wrestle with the issue and find solutions. If, for any reason, the people do not think the City Council is wrestling with the issue and finding solutions, it is expected their participation will increase substantially. Things are moving along and it is hoped there will be a workshop by the end of the month on this question with Staff delivering their sense of the public meetings. It is hoped, at that point, definitive action can be given in terms of getting some hard costs on some potential options. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. NEW BUSINESS MIS STRATEGIC PLAN MIS STRATEGIC PLAN. Agenda Report No. 96-472. The City Council previously approved retention of a consultant firm, The Warner Group, to assist the City in preparing a new Management Information Systems (MIS) Strategic Plan. A formal MIS Team was also established to: (1) review and finalize strategic recommendations in the MIS Plan; (2) ensure City departments follow the directions and recommendations in the MIS Plan; (3) improve communications among departments on information system issues; (4) oversee the implementation of MIS projects and any special ad hoc task force or technical groups; and (5) review proposed hardware, software and processes being proposed for acquisition and implementation. The MIS Team has finalized the City of Wichita's Information Systems plan, including the following: Vision Statement Mission Statement MIS Goals MIS Strategic Recommendations The MIS Plan outlines ideas for organization, staffing, technology strategies, and costs involved in replacing or enhancing the City's systems in public safety, finance, utility billing, payroll/personnel, inspection services, geographic information, and office automation. The Data Center has prepared a status and summary report of all MIS systems for the City of Wichita. Briefly, the estimated capital equipment and software costs to implement all proposed information systems over the next five years will range between $5-$6 million. The City Council has previously received the proposed updated MIS Strategic Plan. In anticipation of major system replacements, an equipment replacement fund was established in the Data Center budget which will have approximately $2.5 million to (partially) offset the costs for system replacement/enhancement (the replacement fund is prorata allocated to the various computer systems and applications). Recurring costs for new/enhanced systems will be partially offset by savings in operating costs for existing systems as they are phased-out. All specific system purchases or acquisitions will be processed through standard budgeting and purchasing procedures and will be subject to City Council approval. Ray Trail Director of Finance reviewed the Item. It has been since 1987 when the City last prepared a complete Management Information Systems or MIS plan. That plan was modified over the years to the present time, but is now outdated. Last year, the City brought in specialists to review the status of the City's computer systems and, with an interdepartmental review committee, developed a new MIS Plan for the next five years. This is a plan, not a budget although general estimates of cost are included in the plan. This plan covers not only existing computer systems and applications, but new or developing systems like Geographic Information Systems. This plan includes not only those computer systems operated as a central service by the Data Center, but also systems that are out in various departments. From a technology perspective, the plan proposes: 1) An automated environment that is known as client-server which is a nice way of saying replacing terminals with PCs where the processing takes place primarily on the PC on each desk rather than the large machines in the basement which become repositories for shared data or servers. 2) Phasing out the existing computer systems over a period of the next few years with new generation applications that are more flexible. This is not a discretionary matter in many cases because computer systems -- hardware and software -- has a limited life span just like vehicles and other equipment. It wears out. Vendors also move on to new systems and will discontinue support of older systems over time, what is called planned obsolescence. Other systems have design flaws which will create problems in the Year 2000 when some, like the current public safety system, cannot post dates after 1999. Finally maintenance costs on older systems become so high that it may be more economical to acquire a new system. 3) Phasing out older systems in favor of new systems also is important to improve services to the public, as in the case of system reviews now underway on police, court, and central inspection systems. From a management perspective, the MIS plan calls for: Systems re-engineering which means that City offices should examine and improve what they do and why they do it so before making automation changes. Computer systems make manipulate information more quickly not necessarily more efficiently. It is important to use the MIS process and changes in computer systems to undertake that process review which will improve overall work flows so that we improve public services. In the area of Finance, an example might be that a new computer system for finance should result in less paper, less redundant data entry where several persons are entering the same information just on different forms, and fewer staff positions. Sharing information across departmental lines. Having common standards or protocols so that the City does not have such different systems in various departments that they cannot interconnect and talk to each other. From a financial perspective, the MIS plan: Provides for a continuation of life cycle costing not to exceed five years on major systems and three years on PCs. Complementary to the MIS Plan, funds have been accumulating in a Data Center equipment replacement account to offset a major portion of the the cost of the new systems as they are acquired. Along with ongoing user charges, it is believed that much of the new system cost will be handled (for existing systems) from this funding source. Council Member Ferris Council Member Ferris asked that information comparing current costs to projected costs. Council Member Ferris asked that something simple, in writing, be provided as to what the population of the City of Wichita will enjoy as a result of the proposed improvements. Council Member Rogers left the Bench. Ray Trail Director of Finance responded to questions regarding the Municipal Court computer. The Court system was designed about six years ago at a point in time when the total volume was substantially less. A specialist is on staff and is in the process of helping define the court's exact information needs in order to respond to the public. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that MIS Strategic Plan be approved and the City Manager be authorized to implement by phasing in priority and scheduled Informational System -- carried improvements. Motion carried 5 to 0. (Gale, Rogers; absent) AUDIO/VISUAL EQUIPMENT UPDATE OF CITY COUNCIL CHAMBERS AUDIO VISUAL EQUIPMENT. Motion -- carried Ferris moved that this Item be deferred one week. Motion carried 5 to 0. (Gale, Rogers; absent) NIC LENDING INST. AGMT. LENDING INSTITUTIONS AGREEMENT REGARDING THE NORTH INDUSTRIAL CORRIDOR. Council Member Kamen declared a conflict of interest and left the Bench. Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-474. On October 31, 1995, the City approved a Settlement Agreement between the City and the Kansas Department of Health and Environment (KDHE) under which the City agreed to complete the RI/FS and conduct the clean-up of the North Industrial Corridor (NIC) groundwater contamination site. The Settlement Agreement contains a number of elements that need to be accomplished before the Project proceeds. The following events have been accomplished: + The City established a TIF District to guarantee funding for the project. + EPA removed the 29th & Mead site from the National Priority List in a Notice of Deletion published April 29, 1996. + A Participant Agreement to allow private parties to financially participate in the activities was approved by Council on May 21, 1996. + The forms and procedures for the Certificate of Release program were approved by Council on May 21, 1996. Another element of the Project is the "Bankers' Agreement" with lending institutions. This Agreement is based upon the one approved by seven lending institutions in the Gilbert & Mosley Project. A number of banking representatives have expressed support for the program. The participation and cooperation of Lending Institutions is a major component for the success of the NIC Project. To help remove the cloud that exists over lending and real estate transactions in the affected site, it is necessary that lending institutions agree to resume traditional lending activities of property in the area. Under the Release program, lenders qualify for a Certificate which relieves them from any liability for the costs of clean-up on properties for which the lenders have a security interest. Under the proposed Lenders Agreement, the Banks agree that they will not refuse to lend on the security of real properties within the NIC site, which properties are owned or operated by persons who have obtained a Certificate of Release from the City. The lenders still have the right to make their traditional decisions concerning the prudence of a loan. A number of lending institutions have already submitted an executed agreement and it is anticipated that more will participate in the future. The Council is asked to approve the Agreement form so that each individual contract does not need to come back for Council approval. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the agreement form be approved and the Mayor be authorized to -- carried sign agreements with Lending Institutions. Motion carried 4 to 0. (Gale, Kamen, Rogers; absent) CONSENT AGENDA Knight moved that the Consent Agenda, except Addendum Item 19a, be approved in accordance with the recommended action shown thereon. Motion carried 4 to 0. (Gale, Kamen, Rogers; absent) BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED JUNE 10, 1996. At 10:00 a.m., Friday, June 7, 1996, pursuant to advertisements published, bids were received, publicly opened, read aloud and tabulated for the Board of Bids and Contracts: (Ref: Bid analysis report attached to Board of Bids Minutes 6/10/96) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Water Main along Hendryx Avenue, from Osage Avenue to Laclede Court and Laclede Court from Hendryx Avenue to Taft east of Seneca, south of Kellogg. (448-88986/634212/544421) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 7/18/95) (District VI) Nowak Construction - $116,752.00 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 4 to 0. (Gale, Kamen, Rogers; absent) GENERAL GOVERNMENT/OFFICE OF CENTRAL INSPECTIONS: REHABILITATION OF 1027 WABASH (616946-2505) AS PER SPECIFICATIONS Baker Construction - $26,500.00 FINANCE DEPARTMENT/DATA CENTER: PRINTING OF COMPUTER GENERATED REPORTS AS PER SPECIFICATIONS Microfilm Services, Inc. Item 1 - $ .025 Cost Per Page (Net) Item 2 - $5.00 Per Round Trip (Net) PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS DIVISION: REBAR (130849) AS PER SPECIFICATIONS Afco Metal, Inc. - $10,174.84 (Total Net Bid) Item 1 - $.2825 Per Foot Item 2 - $.1365 Per Foot VARIOUS CITY DEPARTMENTS, BOARDS AND AGENCIES: WELDING GASES AS PER SPECIFICATIONS Brown Welding supply - $8,612.30 (Total Net Bid) Item 1 - $.018 Per Cu. Ft. Item 2 - $.030 Per Cu. Ft. Item 3 - $.023 Per Cu. Ft. Item 4 - $.079 Per Cu. Ft. Item 5 - $.080 Per Cu. Ft. Item 6 - $.080 Per Cu. Ft. Item 7 - $.083 Per Cu. Ft. Item 8 - $.044 Per Cu. Ft. Item 9 - $.027 Per Cu. Ft. Item 10- $.011 Per Cu. Ft. HUMAN SERVICES DEPARTMENT/WICHITA HOUSING AUTHORITY: SUPPLY STEEL SPLIT JAMBS, STEEL DOORS, ALL WEATHER STRIPPING, THRESHOLD & HARDWARE (617621) AS PER SPECIFICATIONS Lusco Brick & Stone - $29,464.20 Item 1 - $163.69 Per Each Item 2 - $163.69 Per Each PARK & RECREATION DEPARTMENT: CONSTRUCT A BOAT DOCK AT WATSON PARK (785535-2505) AS PER SPECIFICATIONS Atlantic-Meeco Inc. - $46,500.00 (Total Net Bid) *Option #1 Not Taken PARK DEPARTMENT/CENTURY II: STAGE RIGGING EQUIPMENT (791202-4699) AS PER SPECIFICATIONS Rigstar Rigging, Inc. - $11,672.88 (Total Net Bid) POLICE DEPARTMENT: PISTOLS (084004) AS PER SPECIFICATIONS The Arsenal, Inc. - $17,448.00 (Total Net Bid) LIBRARY: SECURITY SERVICES (101014) AS PER SPECIFICATIONS American Investigations, Inc. - $23,032.23 (Total Net Bid) Item 1 - $8.09 Cost Per Hour Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid. Motion carried 4 to 0. (Gale, Kamen, Rogers; absent) LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1996 (Consumption on Premises) Alfonso F. Amaro Family Game Room*767 N. West (Consumption off Premises) Roy E. Brockmeier Quik Trip #347 1532 S. Seneca Roy E. Brockmeier Quik Trip #369 3216 E. Harry Roy E. Brockmeier Quik Trip #358 7120 W. 21st St. N. Roy E. Brockmeier Quik Trip #313 3164 S. Hillside Roy E. Brockmeier Quik Trip #315 1530 S. Maize Roy E. Brockmeier Quik Trip #379 4811 S. Seneca Roy E. Brockmeier Quik Trip #320 1021 W. 31st St. S. Roy E. Brockmeier Quik Trip #321 6011 W. Central Roy E. Brockmeier Quik Trip #325 1414 N. Oliver Roy E. Brockmeier Quik Trip #356 4808 S. Hydraulic Roy E. Brockmeier Quik Trip #328 2801 S. Hydraulic Roy E. Brockmeier Quik Trip #329 5602 E. Harry Roy E. Brockmeier Quik Trip #340 2433 W. 31st St. S. Roy E. Brockmeier Quik Trip #343 242 S. Tyler Roy E. Brockmeier Quik Trip #349 1112 W. Douglas Roy E. Brockmeier Quik Trip #326 2010 S. Broadway Roy E. Brockmeier Quik Trip #360 3933 W. 13th St. Roy E. Brockmeier Quik Trip #368R626 W. 21st St. S. Roy E. Brockmeier Quik Trip #371 2838 W. Central Roy E. Brockmeier Quik Trip #372 3106 E. Pawnee Roy E. Brockmeier Quik Trip #373 1610 E. Lincoln Roy E. Brockmeier Quik Trip #374 10315 W. 13th Roy E. Brockmeier Quik Trip #376 2106 S. Rock Rd. Roy E. Brockmeier Quik Trip #378 5611 S. Broadway Roy E. Brockmeier Quik Trip #317 1611 S. Meridian Roy E. Brockmeier Quik Trip #384 2412 W. Pawnee Roy E. Brockmeier Quik Trip #388 7991 E. 37th St. N. Roy E. Brockmeier Quik Trip #389 4730 E. Central Roy E. Brockmeier Quik Trip #391 730 N. Broadway Roy E. Brockmeier Quik Trip #396 333 S. West St. Special Event 1996 (Consumption on Premises) Bernie Beckman American Diabetes Polo Classic1980 N. Rock Road *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 4 to 0. (Gale, Kamen, Rogers; absent) PLANS & SPECS. SUBDIVISION PLANS AND SPECIFICATIONS. a. Water Distribution System to serve Meadow Oaks Second Addition (south of 29th Street North, west of Woodlawn). Traffic to be maintained during construction using flagpersons and barricades. (448-89010/733204/470-398) (Council approval date 02-13-96) (District 1) b. Water Distribution System to serve Meadows Oaks Second Addition (south of 29th Street North, west of Woodlawn). Traffic to be maintained during construction using flagpersons and barricades. (448-89011/733212/470-399) (Council approval date 02-13-96) (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., June 21, 1996. Motion carried 4 to 0. (Gale, Kamen, Rogers; absent) PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. Water Distribution System to serve Horseshoe Lake Addition (north of 21st, east of Ridge) - $61,880.00. Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 04-23-96) (District V) (448-89031/733154/470-393) b. Lateral 25, Main 1, Cowskin Interceptor Sewer to serve Peppermint Park Addition (south of Maple, east of 119th Street West) - $16,500.00. Does not affect existing traffic. (Council approval date 08-29-95) (District V) (468- 82508/742643/480-356) c. Lateral 69, Main 5, Sanitary Sewer #23 to serve Meadow Oaks Second Addition (south of 29th Street North, west of Woodlawn) - $52,000.00. Does not affect existing traffic. (Council approval date 02-13-96) (District I) (468- 82571/742676/480-359) d. Lateral 68, Main 5, Sanitary Sewer #23 to serve Meadow Oaks Second Addition (south of 29th Street North, west of Woodlawn) - $47,840.00. Does not affect existing traffic. (Council approval date 02-13-96) (District I) (468- 82570/742684/480-360) e. Lighthouse Cove from the east line of Shore Boulevard to the east line of North Shore Boulevard in Horseshoe Lake Addition (north of 21st, east of Ridge) - $307,455.00. Does not affect existing traffic. (Council approval date 04-23-96) (District V) (472-82711/763599/490-462) f. Shadow Lakes from the west line of Lakecrest to the east line of Lot 26, Block 3 and the east line of Lot 13, Block 4; Lakecrest from the north line of Shadow Lakes to the north line of Lot 36, Block 3 and the north line of Lot 2, Block 5; and sidewalk on the north side of Shadow Lakes, from the west line of Lakecrest to the east line of Lot 26, Block 3, Forest Lakes Addition (north of 29th, west of Ridge) - $137,280.00. Does not affect existing traffic. (Council approval date 04-02-96) (District V) (472-82698/763615/490-464) g. Lateral 75, Main 1, Sanitary Sewer #12 Oliver and 9th Street North - $200,000.00. Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 07/18/95) (District I) (468- 82482/621110/533-215) h. Sanitary Sewer from 18th Street North to 300 feet north of 19th Street North to serve Viola Addition alley between Mead & Mosley - $58,000.00. Closed to traffic. (Council approval date 07/18/95) (District VI) (468- 82572/621250/533-236) i. Northwest Transmission Line, Phase I from the Hess Pump Station to McLean Boulevard at Central Avenue - $3,740,586.00. Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 07/18/95) (District IV & VI) (448-88894/632208/533) j. 1996 Contract Maintenance Bridge Deck Resurfacing at 2nd Street over the Canal, 21st Street over the Big Arkansas River and westbound Harry Street over I-135 - $299,260.00. Traffic to be maintained through construction. (Council approval date 01-23-96) (District I & VI) (132449/112000) Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 4 to 0. (Gale, Kamen, Rogers; absent) PETITIONS PAVING, SANITARY SEWER AND WATER DISTRIBUTION SYSTEMS TO SERVE BRADFORD NORTH ADDITION (WEST OF TYLER, SOUTH OF 29TH STREET NORTH). (District V) Agenda Report No. 96-475. The signature on the petitions represents 100% of the improvement districts. Bradford North Addition was platted in February 1996 as a single family neighborhood. The developer has submitted new petitions to reconfigure the area to accommodate the current lot sales rate. The projects total $1,888,250. The funding source is Special Assessments, except for the waterline which has $24,000 contributed by the Water Utility. The Utility share is for oversizing pipe to serve future development beyond the improvement district. Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted. -- carried Motion carried 4 to 0. (Gale, Kamen, Rogers; absent) RESOLUTION NO. R-96- 236 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-88984 (west of Tyler, south of 29th) 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 4 to 0. (Gale, Kamen, Rogers; absent) Yeas: Cather, Cole, Ferris, Knight. RESOLUTION NO. R-96- 237 Resolution of findings of advisability and Resolution authorizing construction of Lateral 123, Westlink Sewer (west of Tyler, south of 29th) Project No. 468-82566 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 4 to 0. (Gale, Kamen, Rogers; absent) Yeas: Cather, Cole, Ferris, Knight. RESOLUTION NO. R-96- 238 Resolution of findings of advisability and Resolution authorizing improving of Meadow Knoll from the west line of Tyler Road, west to the west line of Lot 50, Block 6, of said addition; on Keith from the south line of Lot 42, Block 1, to the south line of Lot 34, Block 1, of said addition; on Bellwood and Wedgewood from the north line of Meadow Knoll to the east line of Lot 41, Block 3, of said addition; on Wedgewood from the south line of Lot 1, Block 5, to the north line of Lot 1, Block 5, of said addition; on Meadow Knoll Courts adjacent to Lots 1 through 8, Block 5, Lots 33 through 38, Block 5, Lots 9 through 17, Block 5, Lots 18 through 28, Block 6, Lots 12 through 20, Block 3, and Lots 34 through 57, Block 6, of said addition; on Bellwood Court adjacent to Lots 22 through 26, Block 3; on Wedgewood Circle adjacent to Lots 3 through 18, Block 5; on Wedgewood Court adjacent to Lots 34 through 41, Block 3; and sidewalk on one side of Meadow Knoll, on one side of Keith; on one side of Bellwood and Wedgewood and within Reserve F. A Storm Water Detention Pond and Drainage Area also included. Project No. 472-82682 (west of Tyler, south of 29th) 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 4 to 0. (Gale, Kamen, Rogers; absent) Yeas: Cather, Cole, Ferris, Knight. DECEL LANE ON THE SOUTH SIDE OF 21ST STREET TO SERVE LOT 1, BLOCK 1, GOLF PARK WEST ADDITION (SOUTH OF 21ST STREET, EAST OF TYLER). (District V) Agenda Report No. 96-476. The signature on the petition represents 100% of the improvement district. The accel/decel lane will serve a new Dairy Queen Restaurant. The project budget is $15,000. The funding source is Special Assessments. Motion -- Knight moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 4 to 0. (Gale, Kamen, Rogers; absent) RESOLUTION NO. R-96- 239 Resolution of findings of advisability and Resolution authorizing improving of a decel lane on the south side of 21st Street to serve Lot 1, Block 1, Golf Park West Addition Project No. 472-82773 (south of 21st, east of Tyler) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 4 to 0. (Gale, Kamen, Rogers; absent) Yeas: Cather, Cole, Ferris, Knight. WATER DISTRIBUTION SYSTEM TO SERVE LOT 6, BLOCK 5 AND LOTS 1 AND 2, BLOCK 6, MILES HIDDEN LAKES ESTATE ADDITION (EAST OF 119TH STREET WEST, NORTH OF KELLOGG). Agenda Report No. 96-477. The signatures on the petitions represent 100% of the improvement districts. The three lots will be incorporated into a project approved by the City Council on April 23, 1996 that also serves Peppermint Park Addition. Lot 6, Block 5 and Lots 1 and 2, Block 6, Miles Hidden Lakes Estate Addition, each have an estimated assessment of $3,000 for the project. The estimated project cost is $20,500. Funding source is Special Assessments. Motion -- Knight moved that the Petitions be approved and the Resolution be adopted. -- carried Motion carried 4 to 0. (Gale, Kamen, Rogers; absent) RESOLUTION NO. R-96- 240 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-88945 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 4 to 0. (Gale, Kamen, Rogers; absent) Yeas: Cather, Cole, Ferris, Knight. BOARD MINUTES MINUTES OF ADVISORY BOARDS. Board of Appeals of Air Conditioning, Refrigeration, Warm Air Heating and Boilers, 5/23/96 Board of Electrical Appeals, 5/14/96 Board of Housing Commissioners, 5/16/96; 3/21/96; 2/15/96 Board of Park Commissioners, 5/13/96 CPO Northwest Council 5, 5/29/96 CPO North Central Council 6, 5/29/96 Convention & Tourism Committee, 3/18/96; 2/26/96; 1/22/96 Public Art Advisory Board, 5/9/96 Wichita Airport Authority, 5/6/96 Wichita Art Museum Board, 5/23/96 Wichita Employees' Retirement System, 5/22/96 Wichita Police and Fire Retirement System, 5/22/96 Wichita Public Library 5/21/96 Wichita/Sedgwick County Solid Waste Management Committee, 5/20/96 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 4 to 0. (Gale, Kamen, Rogers; absent) BOARDS REPORTS ADVISORY BOARDS AND COMMISSIONS' 1995 ANNUAL REPORTS. Semi-Administrative - Board of Housing Commissioners Motion -- carried Knight moved that the Report be received and filed. Motion carried 4 to 0. (Gale, Kamen, Rogers; absent) STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. Agenda Report No. 96-478. Cornejo and Sons, Inc. is requesting the complete closure of McLean Boulevard between Meridian and Seneca from 6:00 p.m. Friday, June 21, to 5:00 a.m. Monday, June 24. This closure will allow the installation of the storm drainage system crossings of McLean between Meridian and Seneca and the repair or replacement of a 24" water valve in the center of McLean at Exposition. This closure is allowed by the project specifications. Because of the extremely sandy soil in the project area, the vibrations caused by traffic movements next to the excavations may cause a soil failure or slide. The contractor is responsible for construction barricades and detour signing during the closure. During the closure, traffic will be detoured using Meridian, Second and Seneca Streets. Motion -- carried Knight moved the Street Closure be approved. Motion carried 4 to 0. (Gale, Kamen, Rogers; absent) CDBG CONTRACT CDBG CONTRACT - MENNONITE HOUSING. Agenda Report No. 96-479. In 1992, the City Council allocated $75,000 CDBG funds for the Huston Center project. The funds were not used for that project, and in August, 1995 the City Council approved a change in use of those funds to the Country Acres Senior Residences project in west Wichita. The Country Acres project includes property acquisition and construction of 56 elderly housing units. Mennonite Housing has requested the $75,000 be used to reimburse acquisition and development costs of the project. Platting of the site has been completed, project financing is now in place, and construction is ready to commence. Under CDBG regulations, those funds cannot be used for new housing construction except in very specific circumstances. Funds can be used for acquisition of property for, and development costs of, new housing. The contract negotiated with Mennonite Housing provides for reimbursement of acquisition costs and project development costs incurred prior to the start of construction. There is no change in the $75,000 approved for the project. Motion -- Knight moved that the Contract be approved and the Mayor be authorized to -- carried execute. Motion carried 4 to 0. (Gale, Kamen, Rogers; absent) AIRPORT -CIP PROJECT WICHITA AIRPORT AUTHORITY CAPITAL PROJECT INITIATION - TERMINAL AREA PARKING STUDY. Agenda Report No. 96-480. The project is Terminal Area Parking (Study Only) and represents improvements that will be made to Mid- Continent Airport subject to further action and approval by the Wichita Airport Authority. The project has been included in a Capital Improvement Program of the City of Wichita. This action approves only the intent to use City of Wichita bonding authority in the future and does not specifically authorize the issuance of debt nor does it preclude the use of any substitute funding source. The total cost for the capital improvements, based on the best present information, is $40,000 (study only). Motion -- carried Knight moved that the Resolution be adopted. Motion carried 4 to 0. (Gale, Kamen, Rogers; absent) RESOLUTION NO. R-96- 241 A Resolution declaring that a public necessity exists for, and that the public safety, service, and welfare will be advanced by, the making of certain capital improvements to the Wichita Mid-Continent Airport facility operated by the Wichita Airport Authority of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 4 to 0. (Gale, Kamen, Rogers; absent) Yeas: Cather, Cole, Ferris, Knight. LANDFILL SITE REPAIR REPAIR OF ABANDONED LANDFILL SITE. (District V). Agenda Report No. 96-481. During the years 1956-1958, the City of Wichita operated a landfill on a privately owned location at 2600 W. 21st Street North (southwest corner of 21st and Meridian). The site is 15 acres in size and has remained undeveloped since that date. During this time, a large portion of the site has subsided due to decomposition of the waste disposed there. The property was recently donated to the City of Wichita. The City took possession through City Council action on March 21, 1995. The Park Department currently maintains the property. Due to the unstable fill on the site, a majority of the parcel would not support structures. The property's use will most likely be limited to open green space and recreational use. Several ground water tests performed around the area have indicated small amounts of ground water contamination. The tests, however, are inconclusive regarding the source of the contamination. Earlier this year, Kansas Department of Health and Environment (KDHE) contacted staff regarding the need to fill and restore the surface drainage on the site, referred to as Wichita Dump #9. They also advised that grant funds of up to $100,000 are available to assist in the cost to repair the site, reduce subsidence and improve drainage off of the landfill. In addition, KDHE has requested that a groundwater investigation be conducted in the vicinity of the site to determine ground water flow direction and contamination sources. KDHE has forwarded a grant Agreement for $100,000 (available until July 1, 1996) for execution by the City. Staff has developed a work plan for the site that would include the following components to comply with KDHE's requirements: * Ground water investigation * Filling and grading of the site A groundwater study to identify the source of any contaminants in the area and verify groundwater flow and direction will be conducted by the Health Department. The purpose of filling the site is to provide for proper drainage and minimize leachate in the old landfill. The use of a mixture of soil and shredded tires for fill material is being considered for the site and is supported by KDHE. Also included in the repair will be a clay cap to further minimize infiltration of stormwater. The total cost to repair the site and conduct a ground water study is $244,200 of which $144,200 will be the City's share. It is proposed that the City's share be funded from the Environmental Trust Fund. The remaining $100,000 will be funded by the KDHE grant, upon execution of the grant agreement. The $100,000 grant is available until July 1, 1996. Motion -- Knight moved that the Contract with KDHE be approved and the Mayor be authorized to sign; the funding of the local share through the Environmental Trust Fund be approved; and the necessary budget adjustments be authorized. Motion carried -- carried 4 to 0. (Gale, Kamen, Rogers; absent) HOMELESS ASSISTANCE GRANT APPLICATION FOR HOMELESS ASSISTANCE. Agenda Report No. 96-482. The application to HUD for the 1996 Continuum of Care Homeless Assistance Program includes eight projects ranked in priority order as follows: 1. Purchased Transitional Housing $ 348,600 2. Wichita Children's Home Bridges Program 212,517 3. Leased Transitional Housing 261,870 4. Safe Haven 592,754 5. Legal Services 36,000 6. Housing Specialist 97,650 7. Alcohol & Drug Abuse Counselor 96,547 8. Shelter Plus Care 1,170,000 All matching funds required by the projects included in the grant would be provided by non-city sources. No general funds are requested. Motion -- Knight moved that the application be approved and the Mayor be authorized to -- carried sign. Motion carried 4 to 0. (Gale, Kamen, Rogers; absent) LAWRENCE-DUMONT STADIUM LAWRENCE-DUMONT STADIUM IMPROVEMENTS. Agenda Report No. 96-483. September 13, 1994, the bonding resolution for Lawrence-Dumont Stadium in the amount of $245,000 was approved. The bonding resolution did not include (in error) the cost of interim financing, a normal cost of project financing. The project is complete and ready for closure. The amending resolution will include the cost of interim financing allowing the City to close the project and issue final bonds. The amendment allows for interim financing, the cost of the project remained within the $245,000 limitation. Motion -- carried Knight moved that the Resolution be adopted. Motion carried 4 to 0. (Gale, Kamen, Rogers; absent) RESOLUTION NO. R-96- 242 A Resolution amending Resolution No. R-94-368 by excluding from the bonding limitation in Section 3 thereof the costs of temporary financing; and repealing the original of said Section 3, presented. Knight moved that the Resolution be adopted. Motion carried 4 to 0. (Gale, Kamen, Rogers; absent) Yeas: Cather, Cole, Ferris, Knight. TEMPORARY PARKING LOT TEMPORARY PARKING LOT NORTH OF KEEN KUTTER BUILDING. Agenda Report No. 96-484. November 8, 1994, the bonding resolution for construction of a temporary parking lot of the Keen Kutter building in the amount of $325,000 was approved. The bonding resolution did not include (in error) the cost of interim financing, a normal cost of project financing. The project is complete and ready for closure. The amending resolution will include the cost of interim financing allowing the City to close the project and issue final bonds. The amendment allows for interim financing, the cost of the project remained within the $325,000 limitation. Motion -- carried Knight moved that the Resolution be adopted. Motion carried 4 to 0. (Gale, Kamen, Rogers; absent) RESOLUTION NO. R-96- 243 A Resolution amending Resolution No. R-94-477 by excluding from the bonding limitation in Section 3 thereof the costs of temporary financing; and repealing the original of said Section 3, presented. Knight moved that the Resolution be adopted. Motion carried 4 to 0. (Gale, Kamen, Rogers; absent) Yeas: Cather, Cole, Ferris, Knight. ORDER OF SUCCESSION ESTABLISHING ORDER OF SUCCESSION AS MAYOR, IN ABSENCE FROM THE CITY OF THE MAYOR AND THE VICE MAYOR. Motion -- carried Knight moved that the Resolution be adopted. Motion carried 4 to 0. (Gale, Kamen, Rogers; absent) RESOLUTION NO. R-96- 244 A Resolution establishing the order of succession as Mayor of the City of Wichita, Kansas, in the absence from the City of the Mayor and the Vice Mayor, presented. Knight moved that the Resolution be adopted. Motion carried 4 to 0. (Gale, Kamen, Rogers; absent) Yeas: Cather, Cole, Ferris, Knight. BROADVIEW GARAGE AGMTS. AGREEMENTS REGARDING PURCHASE OF BROADVIEW GARAGE. ADDENDUM ITEM 19a Council Member Kamen present. Agenda Report No. 96-494. On April 16, 1996, the City Council approved a Real Estate Purchase Agreement with Historic Hotel Partners of Wichita ("HHP"), the owners of the Broadview Hotel and parking garage. The Agreement was entered into pursuant to a Letter of Intent between the City and HHP in which the City agrees to purchase the parking garage from HHP and assess the cost of the purchase against the hotel property, and HHP agrees to spend the proceeds of the sale of the garage on improvements to the hotel. The Agreement further provides a purchase option and right of first refusal to HHP, allowing them to repurchase the garage, clear of the aforementioned special assessment, by paying the City the greater or the fair market price of the garage or the amount needed to retire the City's special assessment bonds issued to finance the acquisition of the garage. HHP and their first mortgage lender have entered into an escrow agreement concerning the disposition and expenditure of the proceeds of the City's purchase of the garage ("Garage Proceeds") which would allow the bank to seize any unspent balance of the Garage Proceeds in the event of a loan foreclosure, and use the money to reduce the loan balance. In order to ensure that the Garage Proceeds are spent only on hotel improvements, the City and the bank have negotiated an agreement that provides that the bank will continue to spend the Garage Proceeds on hotel improvements in the event of a foreclosure. The agreement also gives the City the right to audit the bank's account to ensure that the money is actually spent on the Broadview Hotel improvements. In addition to the agreement between the City and the Bank, the Real Estate Purchase Agreement (previously approved) needs to be amended to reflect the new time frame for closing the purchase of the garage and also to correct a technical error in the Agreement. The technical error relates to the manner in which HHP's purchase option price is determined and the correction eliminates the possibility of double counting the credit HHP receives for special assessment payments made prior to exercising the purchase option. The amendment also clarifies that the special assessment lien will be cleared in the event the City sells the parking garage to a third party. There is no financial impact to the City resulting from the approval of the proposed agreements. If the agreements are approved, the parties intend to close on the purchase of the garage on June 12, 1996. Motion -- Ferris moved that the bank agreement and the amendment to the Real Estate Purchase Agreement be approved and the Mayor be authorized to sign with the exception that no moneys from any of the City's proceeds of the purchase should -- carried be used for any attorney fees on either party. Motion carried 5 to 0. (Gale, Rogers; absent) (Council Member Kamen absent) ORDINANCE ORDINANCE - Z-3196. (First read 6/4/96) ORDINANCE NO. 43-154 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 4 to 0. (Gale, Kamen, Rogers; absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. Z-3196 PLANNING AGENDA Council Member Kamen present. Marvin Krout Director of Planning stated that all Items except 22 and 27 could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Knight moved that all Planning Agenda Items except 22 and 27 be approved as -- carried consensus Items. Motion carried 5 to 0. (Gale, Rogers; absent) S/D 95-81 S/D 95-81 - PLAT OF THE BOGUE ADDITION LOCATED WEST OF MAIZE AND SOUTH OF CENTRAL. (District V) Agenda Report No. 96-486. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. (12-1) A petition, 100%, has been submitted for sanitary sewer improvements. A Certificate of Petitions has also been submitted. 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 126, Westlink Sewer (west of Maize, south of Central) Project No. 468-82616 ($7,000 S.A.) (Hold for development) Cert. of Petitions Certificate of Petitions from Richard and Gwendolyn Bogue. Motion -- Knight moved that the Petition be approved and the Resolution be adopted; the document(s) 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 5 to 0. (Gale, Rogers; absent) RESOLUTION NO. R-96- 245 Resolution of findings of advisability and Resolution authorizing construction of Lateral 126, Westlink Sewer (west of Maize, south of Central) Project No. 468-82616 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 5 to 0. (Gale, Rogers; absent) Yeas: Cather, Cole, Ferris, Kamen, Knight. S/D 95-24 S/D 95-24 - PLAT OF THE FOREST LAKES 2ND ADDITION LOCATED NORTH OF 29TH STREET NORTH AND WEST OF RIDGE ROAD. (District V) Agenda Report No. 96-487. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. (unanimous) This Addition involves a replat of a portion of an existing Addition. The primary reason for the replat was to eliminate a street entrance from 29th Street North. Existing petitions are available for needed improvements. Agreements have been provided which assures that this site will continue to participate in the ownership and maintenance of Reserves created by the original plat. In order to provide for the ownership and maintenance of a Reserve created by this plat, the applicant has submitted a restrictive covenant. To provide for off-street parking, for lots adjacent to narrow streets, this covenant also requires that four (4) off-street spaces be provided for each such lot. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Documents Ratification, Restrictive Covenant from Marvin Schellenberg, Vice President, Forest Lakes, Inc. 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 5 to 0. (Gale, Rogers; absent) S/D 94-85 S/D 94-85 - PLAT OF THE FOUNTAINS SECOND ADDITION LOCATED SOUTH OF CENTRAL AND (ITEM NO. 22) EAST OF GREENWICH. (District II) Agenda Report No. 96-488. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. (10-1) This site was recently annexed into the City in order to have access to a City Sanitary sewer system, Petitions, all 100%, have been submitted for sanitary sewer, municipal water, storm sewer, paving, and sidewalk improvements. A Certificate of Petitions has also been submitted. In order to provide for the ownership and maintenance of Reserves, the applicant has submitted a restrictive covenant. To provide for off-street parking, for lots adjacent to narrow streets, this covenant requires that four (4) off-street spaces be provided for each such lot. In order to allow for the platting of a street with a narrow or nonstandard right-of-way dedication, a 15-foot street, drainage, and utility easement was platted with this covenant restricting how such easements can be used. Also, this covenant addresses various controls on development, landscaping and access for adjacent properties. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. The negative vote by a Planning Commissioner was in regard to concerns with development in areas involving floodplains or drainageways. Documents Certificate and Restrictive Covenant from Karl and Barbara Solomon. Water 100 Percent petition for Water Distribution System Number 448- 89042 (south of Central, east of Greenwich) ($120,000 S.A.) (Hold for development) Sewer 100 Percent Petition for Lift Station and Force Main for Lateral 133, War Industries Sewer, (south of Central, east of Greenwich) Project No. 468-82598 ($175,000 S.A.) (Hold for development) Sewer 100 Percent Petition for Lateral 133, War Industries Sewer (south of Central, east of Greenwich) Project No. 468-82599 ($225,000 S.A.) (Hold for development) Paving 100 Percent Petition for improving of Dowell and Second Street from the west line of Ellson to the south line of Central Avenue; Clay Circle adjacent to Lots 23 through 32, Block 2; Crest Circle adjacent to Lots 11 through 22, Block 2, and; on the 32 foot right-of-way serving Lots 12 and 13, Block 1, the Fountains Second Addition, Project No. 472-82723 (south of Central, east of Greenwich) ($470,000 S.A.) (Hold for development) Marvin Krout Director of Planning reviewed the Item and said he and other City Staff have tried to point out to Mr. Hayden that this tract is unique because of the 1981 Plat approval. At the time this was platted several months ago, it was thought this area would still be liable for the $2,300 4-Mile assessment, as part of the over-all treatment cost, but since that time, the County changed their opinion about the required assessment and the property was relieved of any assessments due to 4-Mile Creek. Also, regarding drainage, in 1981 the original plat for the apartments was approved subject to a filed and recorded covenant which required a detention pond which could have no more than 186 cu.ft./sec. of storm water drainage off of the site (to protect property owners down stream). This was a county plat. The City Engineer said a drainage plan was approved which would permit 217 cu.ft./sec. which is, technically, a violation of the Restrictive Covenant. The applicant's agent and the City engineer spoke this morning and the applicant's agent agreed that he would modify the drainage plans and submit them to the City Engineer for approval that would meet the 186 cu.ft./sec. detention standard as in the 1981 Covenant. The recommendation is that the plat be approved with the addition that the recording of the Plat be withheld until the City Engineer has reviewed and approved a revised drainage plan that meets the Covenant requirements. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Mr. Hayden Mr. Hayden, property owner to the east of the site, presented copies of paper work from a 1981 Plat (S/D 81-31), and said it was unfair that the owner of the Fountains is being relieved of the 4-Mile Creek assessments while he and his neighbors still have very heavy lateral and other assessments as part of the 4- Mile Creek system. Council Member Ferris Council Member Ferris explained that the appropriate City has a legal obligation to the property owner because of annexation of the property and that the place for Mr. Hayden to protest was before the County Commission. Motion -- Kamen 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 recording of the Plat be withheld until the City Engineer has reviewed and approved a revised drainage plan that meets the Covenant requirements. Motion carried -- carried 5 to 0. (Gale, Rogers; absent) RESOLUTION NO. R-96- 246 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89042 (south of Central, east of Greenwich) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Kamen moved that the Resolution be adopted. Motion carried 5 to 0. (Gale, Rogers; absent) Yeas: Cather, Cole, Ferris, Kamen, Knight. RESOLUTION NO. R-96- 247 Resolution of findings of advisability and Resolution authorizing construction of Lift Station and Force Main for Lateral 133, War Industries Sewer, (south of Central, east of Greenwich) Project No. 468-82598 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Kamen moved that the Resolution be adopted. Motion carried 5 to 0. (Gale, Rogers; absent) Yeas: Cather, Cole, Ferris, Kamen, Knight. RESOLUTION NO. R-96- 248 Resolution of findings of advisability and Resolution authorizing construction of Lateral 133, War Industries Sewer (south of Central, east of Greenwich) Project No. 468-82599 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Kamen moved that the Resolution be adopted. Motion carried 5 to 0. (Gale, Rogers; absent) Yeas: Cather, Cole, Ferris, Kamen, Knight. RESOLUTION NO. R-96- 249 Resolution of findings of advisability and Resolution authorizing improving of Dowell and Second Street from the west line of Ellson to the south line of Central Avenue; Clay Circle adjacent to Lots 23 through 32, Block 2; Crest Circle adjacent to Lots 11 through 22, Block 2, and; on the 32 foot right-of-way serving Lots 12 and 13, Block 1, the Fountains Second Addition, Project No. 472-82723 (south of Central, east of Greenwich) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Kamen moved that the Resolution be adopted. Motion carried 5 to 0. (Gale, Rogers; absent) Yeas: Cather, Cole, Ferris, Kamen, Knight. S/D 95-75 S/D 95-75 - PLAT OF THE CALDWELL EQUIPMENT ADDITION LOCATED NORTH OF MACARTHUR AND WEST OF RIDGE ROAD. (District V) Agenda Report No. 96-489. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. (10-1) This site has just recently been annexed to the City. Petitions, all 100%, have been submitted for sanitary sewer and municipal water improvements. A Certificate of Petitions has also been submitted. This site is within the noise impact area of Mid-Continent Airport 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. The negative vote by the Planning Commission was in regard to industrial uses/zoning in this rural type area. Documents Certificate, Avigational Easement, and Restrictive Covenant from Caldwell Equipment Company, Inc., by Sid Caldwell, President. Water 100 Percent Petition for construction of Water Distribution System Number 448-89054 (north of MacArthur, west of Ridge) ($52,300 S.A.) (Hold for development) Sewer 100 Percent Petition for construction of Lateral 366, Southwest Interceptor Sewer (north of MacArthur, west of Ridge) Project No. 468-82615 ($29,700 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 5 to 0. (Gale, Rogers; absent) RESOLUTION NO. R-96- 250 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89054 (north of MacArthur, west of Ridge) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 5 to 0. (Gale, Rogers; absent) Yeas: Cather, Cole, Ferris, Kamen, Knight. RESOLUTION NO. R-96- 251 Resolution of findings of advisability and Resolution authorizing construction of Lateral 366, Southwest Interceptor Sewer (north of MacArthur, west of Ridge) Project No. 468-82615 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 5 to 0. (Gale, Rogers; absent) Yeas: Cather, Cole, Ferris, Kamen, Knight. S/D 96-10 S/D 96-10 - PLAT OF THE WOODLAND PLACE ADDITION LOCATED SOUTH OF CENTRAL AND WEST OF 159TH STREET EAST. Agenda Report No. 96-490. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. (unanimous) While this site is in the County, water service will be provided from Wichita and a 100% petition has been submitted for these improvements. An Outside-the-City Water Agreement has also been submitted. Petitions for sanitary sewer and paving improvements will be handled by the County. Certificates of Petitions have also been submitted. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Documents Certificates from N. Brent Wooten, Agent. Water 100 Percent Petition for construction of Water Distribution System Number 448-89055 (south of Central, west of 159th Street East) (Out of Corporate Limits) ($25,500 S.A.) (Hold for development) Motion -- Knight moved that the Petition be approved and the Resolution 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 5 to 0. (Gale, Rogers; absent) RESOLUTION NO. R-96- 252 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89055 (south of Central, west of 159th Street East) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 5 to 0. (Gale, Rogers; absent) Yeas: Cather, Cole, Ferris, Kamen, Knight. S/D 96-7 S/D 96-7 - PLAT OF THE EVANGEL ASSEMBLY OF GOD ADDITION LOCATED NORTH OF 21ST STREET NORTH AND EAST OF 119TH STREET WEST. (District V) Agenda Report No. 96-491. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. (unanimous) Petitions, all 100%, have been submitted for sanitary sewer and municipal water improvements. A Certificate of Petitions has also been submitted. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Documents Certificate from Evangel Assembly of God. Water 100 Percent Petition for construction of Water Distribution System Number 448-89056 (north of 21st, east of 119th) ($12,500 S.A.) (Hold for development) Sewer 100 Percent Petition for construction of Lateral 367, Southwest Interceptor Sewer (north of 21st, east of 119th) Project No. 468-82618 ($19,250 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 5 to 0. (Gale, Rogers; absent) RESOLUTION NO. R-96- 253 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89056 (north of 21st, east of 119th) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 5 to 0. (Gale, Rogers; absent) Yeas: Cather, Cole, Ferris, Kamen, Knight. RESOLUTION NO. R-96- 254 Resolution of findings of advisability and Resolution authorizing construction of Lateral 367, Southwest Interceptor Sewer (north of 21st, east of 119th) Project No. 468-82618 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 5 to 0. (Gale, Rogers; absent) Yeas: Cather, Cole, Ferris, Kamen, Knight. Z-3202 Z-3202 - REQUEST FOR ZONE CHANGE FROM 'MF-29' MULTI-FAMILY RESIDENTIAL TO 'LC' LIGHT COMMERCIAL LOCATED ON THE NORTHEAST CORNER OF SENECA AND IRVING STREET. (District VI) Agenda Report No. 96-492. MAPC Recommendation: Approve, 10-0. Staff Recommendation: Approve. The applicant requests a zone change from 'MF-29' Multi-Family Residential to 'LC' Limited Commercial on 4 lots totaling 0.25 acres at the northeast corner of Seneca and Irving Street. The applicant is requesting the zone change to replace parking for his restaurant located to the north that was lost by the expansion of Seneca. The applicant's property is bordered by a night club to the south and his restaurant to the north. There is a residence to the east of the site, and residences across Seneca to the west. The site plan shows parking for 22 vehicles with access to Irving on the south and connection to existing parking around the restaurant. There is a platted alley between the application area and the restaurant to the north that cannot be used for parking without the applicant vacating the alley. There are two existing access points to the restaurant, as well as a 5 foot sidewalk around the perimeter of the property. During the Planning Commission's discussion of this matter, staff presented slides of the surrounding land uses as well as the applicant's site plan, noting the development of this site as a parking lot replaces parking space lost through the expansion of Seneca. There was no public opposition to this request. After discussion, the MAPC voted (10-0) to approve the request as recommended by staff. Motion -- Knight 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 recommendation of the MAPC be approved, subject to the recommended conditions, and the Ordinance be placed on first reading. Motion carried -- carried 5 to 0. (Gale, Rogers; absent) 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-3202 V-1966 PUBLIC HEARING V-1966 - REQUEST TO VACATE A PORTION OF A BUILDING SETBACK IN AN (ITEM NO. 27) AREA NORTH OF KELLOGG AND WEST OF WEST STREET. (District IV) Agenda Report No. 96-493. Staff Recommendation: Approve vacation of building setback. MAPC Recommendation: Approve vacation of building setback. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Knight moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order be recorded with the Register of Deeds. Motion carried -- carried 5 to 0. (Gale, Rogers; absent) ADJOURNMENT The City Council meeting adjourned at 12:15 p.m. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 161 JUNE 11, 1996 Page