MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, June 23, 1998 Tuesday, 10:03 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cole, Ferris, Gale, Kamen, Lambke, Rogers; present. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Randy Scholfield, InterFaith Ministries. 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 16, 1998, and the special -- approved meeting of June 17, 1998, were approved 7 to 0. NEW BUSINESS LEASE PURCHASE AGMT. APPROVE LEASE PURCHASE AGREEMENT FOR SALE OF FORMER DILLONS PROPERTY. (District I) Allen Bell Financial Projects Director reviewed the Item. Agenda Report No. 98-554. On May 12, 1998, the City Council designated Air Capital Community Development Company, Inc.(“ACCDC”) as the City’s preferred developer for the purpose of converting the former Dillons grocery store at the corner of 21st Street and Oliver into a multi-tenant small business mini-mall. The City Council directed staff to negotiate the agreements needed with ACCDC for the redevelopment of the former Dillons store, at a cost not-to-exceed $750,000. Staff was also directed to publish a public notice of its intent to enter into a lease purchase agreement with ACCDC at its meeting on June 23, 1998 and to consider alternative proposals at that time. The notice was published on May 18, 1998. The proposed Lease Purchase Agreement between the City and ACCDC contains the following principal provisions: City agrees to lease the former Dillon’s property to Air Capital Community Development Company, Inc. (ACCDC) on a triple-net basis for a term of 15 years. The lease payments will amortize a lease-purchase price of $500,000 over a 15-year term at a interest rate of 9%. ACCDC will have the option to purchase this property after 3 years for an option price equal to the unamortized principal balance due. Title to the property will not be conveyed to ACCDC until the terms of the lease purchase agreement have been fully satisfied. The City will redevelop the former Dillons property into a mini-mall small business center (“vanilla box finish”) at an all-inclusive cost not-to-exceed $750,000. These funds will be recovered through fulfillment of the $500,000 lease-purchase contract and a $250,000 “soft-second” mortgage which will be a lien against the property which must be repaid if the property is sold by ACCDC prior to 15 years. The City will have the right of first refusal to purchase the property back if ACCDC exercises its purchase option prior to 15 years and then accepts an offer to sell the property to an unrelated third party. ACCDC will invest at least $150,000 as its equity contribution to the project. ACCDC funds will be used to provide furniture, fixtures and equipment for the restaurant that will be the anchor tenant in the building. Other tenants will be required to finance their own FF&E. ACCDC will identify former Dillons equipment and fixtures left behind that it wishes to retain for its use (and that of other tenants) which will be covered by the lease-purchase contract. It is anticipated that the City will use CDBG funds as a source of funding the costs of redeveloping the former Dillons property. As such, a CDBG Funding Agreement which sets forth job creation and other HUD requirements must also be entered into between the City and ACCDC. The City Council has designated $700,000 in CDBG funds for use in the Neighborhood Stabilization Fund in 1998; $350,000 has been designated for projects that benefit economic development and/or housing. The City Council may re-designate all or part of this money specifically for use as loans or grant funds in the redevelopment of the former Dillons building. Short-term bridge financing required for the redevelopment project will come from the City’s general fund reserve to be repaid by CDBG funds. Mayor Knight Mayor Knight inquired whether anyone wished to be heard and no one appeared. Council Member Rogers Council Member Rogers said there is a great community need for this project which will put the property back on the tax rolls. The project will be an enhancement to the shopping center. Council Member Kamen Council Member Kamen spoke in favor of the project as an asset to the community. Council Member Lambke Council Member Lambke said he had not seen any of the related documents. Allen Bell Allen Bell explained that negotiations had just been completed and the documents are available for distribution. Council Member Lambke Council Member Lambke stated that he did not want to approve something that he did had not reviewed. Council Member Lambke also questioned the separation of Church and State. Mayor Knight Mayor Knight explained that the information is contained in the Agenda Report. The basis of the lease agreement provisions are outlined in the Agenda Report. Council Member Rogers Council Member Rogers added that it is customary. The City has a legal staff and the City Manager to ensure adherence to policies. Council Member Ferris Council Member Ferris also stated that he was uncomfortable in not seeing the documents. The documents could be put on next week’s consent agenda. Mayor Knight Mayor Knight inquired if anyone wished to speak. Bishop Gilkey Bishop Gilkey said the group has the expertise and experience to handle the project; and, the project will be a real asset to the total community. Gary Rebenstorf Director of Law stated that, in his legal opinion, there is no problem with the constitution. This is a normal contract as the City has with other churches. Jim Hayes Jim Hayes, representing the Corporation, said the group is an autonomous, for- profit corporation that is entering into a contract with the City. This is not a church and there is no issue of separation of Church and State. This is a corporation that just happens to be made up of church and non-church members. Bishop Gilkey Bishop Gilkey stated that the organization is profit making. Most foundations give some money to churches. It is the choice of this foundation to give some money to the church. It is a prerogative. Don Anderson Don Anderson, 911 North Armour, as a tax payer and knowledgeable person, said that part of the reason the City receives public criticism is that the City does not have a redevelopment policy for property the City owns. The City Council needs to look at how to redevelop City property. Under Urban Renewal, there were terms. Now the City has no rules. Council Member Cole Council Member Cole stated that she liked the idea of public purpose guidelines that would not be set in cement but used as a basis. Council Member Rogers Council Member Rogers said the City has the Business Incentive Policy, the IRB Policy, HUD Guidelines, as well as others. There are different things that are needed in different parts of the community. Mayor Knight Mayor Knight said a policy is not a substitute for debate and thinking. Motion -- Rogers moved that the Lease Purchase Agreement, Development Agreement, and the CDBG Funding Agreement with Air Capital Community Development Company, Inc., be approved and the Mayor be authorized to sign, subject to minor modifications -- carried approved by the City Attorney. Motion carried 6 to 1. Lambke - No. IRB - YMCA LETTER OF INTENT TO ISSUE INDUSTRIAL REVENUE BONDS FOR THE SOUTH WICHITA BRANCH OF YMCA. (District IV) Allen Bell Financial Projects Director reviewed the Item. Agenda Report No. 98-555. The Wichita YMCA is requesting the issuance of a Letter of Intent for Industrial Revenue Bonds in an amount not to exceed $8,000,000. The bond proceeds will be used to construct, and equip a new YMCA South Branch facility on 55+ acres of donated land located at Meridian and I-235; and for construction of new additions, facility improvements, and grounds renovation at Camp Hyde located at Route 1, Viola, Kansas. The proposed new 60,000 sq. ft. South Branch YMCA will serve over 20,000 members in South Wichita, 40% of which have an annual income of under $25,000. The facility will include gymnasiums, a recreational and therapeutic pool, an indoor track, a wellness center, nursery, youth center and meeting room for the community. A Child Development Center will provide 125 South Wichita children with affordable, all-day child care. Part two of the project will be renovation and major construction improvements to Camp Hyde, located on 124 acres near Viola, Kansas in the southwest corner of Sedgwick County. New additions will include youth and family lodges, an alpine tower, ropes course and general camp upgrades. New and upgraded facilities will allow Camp Hyde to host from 200-300 guests daily. Course offerings include character building, self-esteem, team work, camps, field trips for youth/teens at- risk and overnight camp-outs. IRB-financed improvements will also allow the YMCA to expand their traditional summer programs to a year-round basis. With improvements, Camp Hyde will serve 3,600 youth throughout the year. SOURCES OF FUNDS *Industrial Revenue Bond Proceeds $8,000,000 *Other funds contributed by the YMCA 108,500 Total Project Funding: $8,108,500 USES OF FUNDS ^Construction Costs - South Branch YMCA $ 6,750,000 * Construction Costs - Camp Hyde 1,250,000 * Cost of Issuance: 108,500 Total Cost of Project: $8,108,500 The firm of Hinkle, Eberhart and Elkouri, L.L.C. will serve as bond counsel in the transaction. It is anticipated that the bonds will be secured by a NationsBank letter of credit and privately placed by NationsBank with financial institutions. Wichita YMCA has a current approved EEO/AA Plan on file with the City's Human Resources Department. The Wichita YMCA agrees to pay all costs of issuing the bonds and agrees to pay the City's $2,500 annual IRB administrative fee for the term of the bonds. The Wichita YMCA does not request ad valorem property tax abatement under IRB authority. The YMCA anticipates the property will be exempt from property taxes due to the use of the property by a 501(c)(3) corporation. Because part of the bond proceeds will finance improvements located outside of the three-mile zone surrounding the City, state law requires County approval prior to the issuance of any bonds. The County has scheduled such approval for July 1, 1998. Mayor Knight Mayor Knight inquired whether anyone wished to speak and no one appeared. Motion -- Gale moved that the issuance a Letter of Intent to the Wichita YMCA for Industrial Revenue Bonds in an amount not to exceed $8.0 million be approved, subject to the Standard Letter of Intent Conditions, for a term of six months, and the Mayor -- carried be authorized to sign. Motion carried 7 to 0. COMPUTER SOFTWARE PROJECT IMPLEMENTATION - CUSTOMER INFORMATION SYSTEM/UTILITY BILLING SOFTWARE. Chris Cherches City Manager reviewed the Item. Agenda Report No. 98-556. The City has utilized the existing Customer Information System/Utility Billing software since 1989. The Management Information Systems Plan, approved by the City Council in June of 1996, recommended a migration of the existing CIS system to the new ORACLE based "client server" software marketed by the same vendor (SCT Utility Systems, Inc.). Migration to this software system will be compatible in all respects with the MIS Plan, which focuses on client server based systems. In addition, the software system is based on the ORACLE relational database system, which is the data base of choice currently used by the Municipal Courts, Finance, Park, and Office of Central Inspection information systems. Client-server technology is based on the use of desktop personal computers to handle many processing functions while shared data is stored on a central server (rather than a central processor to which terminals are connected for access). The MIS Plan is fundamentally centered around the client-server concept. In addition, a consideration exists in relation to the language that the current software system is written in. This language (DIBOL), is no longer supported by the hardware vendor (Digital Equipment Corporation). DIBOL's rights were purchased by a third party (Synergy) and there is no guarantee in the long term that the software system will be compatible with future releases of DEC's VMS operating system. Mayor Knight Mayor Knight inquired whether anyone wished to be heard and no one appeared. Council Member Lambke Council Member Lambke said he had received inquiries regarding the billing and asked whether the new system would make bi-monthly billing possible. Council Member Rogers left the Bench. David Warren Director of Water and Sewer stated that the current or the new billing process would support bi-monthly billing. Staff reviewed the matter and the current rate structure is designed to give price signals to encourage wise water use. A two- month billing cycle could result in an extremely high bill with no time for response. This would create customer service problems and the rate structure would need to be revised. Motion -- Knight moved that the Contract be approved and the Mayor be authorized to sign; and the reallocation of funds, and the purchase of hardware and software be -- carried approved. Motion carried 6 to 0. (Rogers absent) Council Member Rogers present. CITY COUNCIL AGENDA APPOINTMENTS BOARD APPOINTMENTS (FOR TERMS EXPIRING JUNE 30, 1999). There were no appointments made. PROCLAMATIONS PROCLAMATIONS. -- Native American Culture Week Motion -- carried Knight moved that the proclamations be approved. Motion carried 7 to 0. TRAVEL APPROVAL APPROVAL OF COUNCIL MEMBER ROGERS’ TRAVEL, SEPTEMBER 13-15, 1998, TO BOLTON LANDING, NEW YORK FOR NATIONAL LEAGUE OF CITIES LEADERSHIP SUMMIT OF LOCAL ELECTED OFFICIALS. Motion -- carried Knight moved that the travel be approved. Motion carried 7 to 0. OFF AGENDA ITEM CONSOLIDATION VOTE Motion -- Cole moved that the rules be set aside and an Item concerning the August primary -- carried consolidation vote be brought up off the Agenda. Motion carried 7 to 0. Council Member Cole Council Member Cole inquired as to why the consolidation question was placed on the August 4th ballot when there would be a greater turn out for a general election. Mayor Knight Mayor Knight stated that the issue is important and the community has been crowded out. Council Member Lackey requested the vote and, months ago, the Council decided the matter would be on the primary ballot. All seven Council Members voted for putting the Item on the primary ballot. It is hoped the question will generate additional voter turn out for the primary election. It is hoped the legislature will give the matter to a charter commission to study and return with a question for voters in one to one and one- half years. Council Member Rogers Council Member Rogers said consolidation is an idea whose time has come. It is time for this question to be moved to the front. Citizens need to vote and talk about their concerns. The information is needed as soon as possible. Council Member Ferris left the Bench. Council Member Kamen Council Member Kamen said there is not enough voting in the primary in the county as a whole. Council Member Lambke Council Member Lambke stated that he would like answers right away. It is still hoped the County will agree to put the question on a county-wide ballot but, second best, is a city-wide ballot. Council Member Lambke encouraged the County to consider a county-wide ballot. Council Member Ferris present. No further action was taken on this matter. OFF AGENDA ITEM ADAAB BOARD MEMBERSHIP Motion -- Rogers moved that the rules be set aside and the matter of the ADAAB Board -- carried Membership be taken up off the Agenda. Motion carried 7 to 0. Council Member Rogers Council Member Rogers expressed concern with having providers of drug abuse treatment being on the board that allocates funds for treatment, and he would like the City Council to consider changes in the provisions in the ordinance. Council Member Rogers said he will be asking that this matter be placed on a future agenda. CONSENT AGENDA Knight moved that the Consent Agenda 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 JUNE 22, 1998. At 10:00 a.m., Friday, June 19, 1998, 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 June 22, 1998) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: Sewers, Paving and Water Mains as per specifications 1998 Sanitary Sewer Rehabilitation Program, Phase D (north of Central, west of Hillside). (468-82851/620088/533360) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 01-06-98) (Districts I, IV and VI) Insituform - $260,250.00 Rehabilitating the 37th Street North Bridge at the Little Arkansas River (Big Ditch) (east of Meridian, north of 37th Street North). (472-82736/715409/ 415054) Street to be closed to traffic. (Council approval date 06-02-98) (District VI) Wildcat Construction - $306,338.00 (Total Bid Alternate #2) Mascot from 27th Street North to 29th Street North Gould Gardens (west of Arkansas, south of 29th Street North). (472-82861/764530/490556) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 09-09-97) (District VI) Ritchie Paving - $149,805.25 Meridian from the north line of 25th Street North to the south line of Halstead, Northwest Heights Addition (Meridian, north of 25th Street North). (472-82876/ 764589/490561) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 10-07-97) Kansas Paving - $176,512.00 (Corrected Total) Baker Street from 11th Street North to 13th Street North, R.A. Morris Gardens, et. al. (south of 13th west of West Street). (472-82905/764787/490580) Does not affect existing traffic. (Council approval date 02-24-98) (District V) Ritchie Paving - $136,048.50 Rita from the east line of Lark to the east line of Lot 12, Block 1; Rita Ct. (Lots 1-12, Block 1) from the north line of Rita to and including cul-de-sac; and Rita Ct. (Lots 1-6, Block 2) from the south line of Rita to and including cul-de- sac to serve Lindsay's Orchard Addition (north of Pawnee, west of Maize). (472- 82908/764910/490593) Does not affect existing traffic. (Council approval date 2- 10-98) (District V) Cornejo & Sons - $86,296.00 Phase II of Storm Water Drain 133 and Paving Keith from the south line of Lot 42, Block 1, north to the south line of 29th Street North; and on Brookridge from the south corner of Lot 3, Block 2, north to the west line of Keith; and on Wedgewood from the east line of Keith, east to the northeast corner of Lot 41, Block 3; Keith Courts adjacent to Lots 35 through 42, Block 1, Lots 45 through 51, Block 3, Lots 1 through 8, Block 4 on Wedgewood Court adjacent to Lots 9 through 15, Block 4 on Brookridge Court adjacent to Lots 30 through 33, Block 1 on Brookridge Court adjacent to Lots 11 through 24, Block 1; on Brookridge Court adjacent to Lots 1 through 7, Block 1 of said addition. Sidewalk to be installed along one side of Keith along the east line of Reserve A, along the west line of Reserve C, along one side of Wedgewood, along one side of Brookridge, and within Reserve D to serve Bradford North Addition (west of Tyler, south of 29th Street North). (468-82780 & 472-82681/751099 and 764605/485144 & 490563) Does not affect existing traffic. (Council approval date 12-16-97/2-13-96) (District V) Bob Berkamp - $180,000.00 1998 Sewer Reconstruction Program, Phase II (Mosley, Murdock to 11th Street). (468-82825/620039/533355) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 6-9-98) (District I) Mies Construction Co., Inc. - $151,800.00 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 7 to 0.<< GENERAL GOVERNMENT DEPARTMENT/OFFICE OF CENTRAL INSPECTION DIVISION: Asbestos Abatement and Demolition of Six (6) Properties (206334) BJ Hauling & Demolation - $4,460.00 (Item #1-Total Net Bid) - $2,110.00 (Item #2-Total Net Bid) Cornejo & Sons, Inc.- $6,570.00 (Item #3-Total Net Bid) -$4,450.00 (Item #4-Total Net Bid) - $3,590.00 (Item #5-Total Net Bid) Southwest Salvage - $1,950.00 (Item #6-Total Net Bid) HUMAN SERVICES DEPARTMENT/WICHITA HOUSING AUTHORITY DIVISION: Bulky Waste, Trash Carts and Collections Service (127001) Waste Management of Wichita - $ 6.45 (Option #2-Per Residence/Per Month) - $11.40 (Option #4-Per Residence/Per Month FINANCE DEPARTMENT/TREASURY DIVISION: Z-Fold Checks (037408) Coordinated Systems & Supplies - $8,376.00 (Corrected Total) Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid, and the necessary signatures be authorized. Motion carried 7 to 0.<< LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1998 (Consumption on Premises) Daryl L. Moren Club Billiards* 925 West Douglas New Establishment 1998 (Consumption on Premises) Paul A. Miloni Mama San’s Japanese 3811 West 13th Restaurant* Special Event July 11, 1998 James T. Ross Rossco, Inc. 825 East Second *General/Restaurant -- 50% or more of gross receipts derived from sale of food. 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. 1998 Sanitary Sewer Reconstruction Program - Phase Three (north of Central between Seneca and Oliver). (468-82857/620104/533362) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 1-6-98) (Districts I and VI) b. 1998 Sanitary Sewer Reconstruction Program - Phase Four (north of 13th Street, west of Little River). (468-82858/620112/533363) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 1-6-98) (District VI) c. 1997 Water Main Replacement Program - Oaklawn Group (west of Southeast Boulevard at 47th Street South). (448-89209/634873/544142) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 1-14-97) (District n/a) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., July 10, 1998. Motion carried 7 to 0. SUBDIVISION PLANS AND SPECIFICATIONS. a. Water Distribution System to serve Horseshoe Lake 2nd Addition (north of 21st Street, west of Hoover). (448-89274/734582/470536) Does not affect existing traffic. (Council approval date 06-02-98) (District 5) b. Storm Water Sewer #500 to serve Prairie Woods 2nd Addition (north of Pawnee, west of Maize Road). (468-82823/751164/485151) Does not affect existing traffic. (Council approval date 04-14-98) (District 5) c. Storm Water Sewer #504 to serve Ridge Port Addition (north of 29th, east of Ridge Road). (468-82842/751198/485154) Does not affect existing traffic. (Council approval date 05-19-98) (District 5) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., July 10, 1998. Motion carried 7 to 0. PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. 1997-1998 CDBG Planeview Pedestrian Bridge, Sidewalk and Light (south of Pawnee, east of Hillside). (618611/805007) Does not affect existing traffic. (Council approval date 3-4-97) (District III) - $95,000.00 b. Water Distribution System to serve West Lynn Seventh Addition (west of West Street, north of 13th Street). (448-89108/733568/470-434) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 1-14- 97) (District V) - $40,000.00 c. Water Distribution Lines to serve an area generally bounded by 46th Street North, Little Arkansas River, 49th Street North and Arkansas Avenue (448- 89216/734194) and an area generally bounded by 49th Street North, Seneca Street, 53rd Street North and Arkansas Avenue (448-89244 734376), Phase II (west of Arkansas, south of 53rd Street North) (448-89216/89244/734194/ 734376/470497/470- 515). Traffic to be maintained during construction. (Council approval dates 11-4- 97/3/17/98) (District VI)- $866,855.78 d. Water Distribution System to serve Turtle Run Third Addition - Phase Two (south of Pawnee, West of Webb). (448-89026/734418/470-519) Does not affect existing traffic. (Council approval date 3-27-96) (District II) - $58,000.00 e. 1998 Water Main Replacement Program - South Group (east of Broadway, north of Pawnee). (448-89197/634832/544-138) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 1-6-98) (Districts III and VI) - $1,660,556.53 f. 11th Street to serve Eck Fourth, Bratcher Second, Bob Carter, Donna’s Third Additions and R.A. Morris Tracts (south of 13th St N, east of Hoover). (472- 82810/764464)(Council approval date 8-12-97) (District V) - $88,000.00 g. Doris to serve Eck Fourth, Bratcher Second, Bob Carter, Donna's Third Additions, R. A. Morris Tracts (south of 13th Street, east of Hoover). (472- 82807/764472/490-550) Streets will be closed. (Council approval date 8-12-97) (District V) - $51,700.00 h. Memory Lane to serve Eck Fourth, Bratcher Second, Bob Carter, Donna's 3rd Additions & R. A. Morris Tracts (south of 13th Street North, east of Hoover). (472-82808/764480/490-551) Streets will be closed. (Council approval date 8-12-97) (District V) - $55,000.00 i. Curtis Street to serve Eck Fourth, Bratcher Second, Bob Carter, Donna's Third Additions & R. A. Morris Tracts (south of 13th St N, east of Hoover). (472- 82809/764498/490-552) Streets will be closed. (Council approval date 8-12-97) (District V) - $19,800.00 Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 7 to 0. STATEMENTS OF COST STATEMENTS OF COST. a. (Amended) First Partial Estimate of Cost for Fire Station #18 - $822,180. Financing to be issued at this time - $822,180.00. (04-435-196) b. (Amended) 37th Street North to serve Toben Second Addition, from the east line of Toben Street to the West line of Webb Road - $308,492.60 (Idle Fund Interest - $5,193.00; Temp Note Financing Estimate - $5,204,00). Total cost - $318,889.60. (472-81373/763433/490-446) Motion -- Knight moved that the Statements of Cost be approved and filed. Motion -- carried carried 7 to 0. EASEMENTS EASEMENTS. a. Sidewalk easements dated 5-26-98 and 6-8-98 from Rev. J.D. Mackey and Wilson M. Atkinson for Tracts in Planeview Subdivision No. 1 (Planeview Improvements, Index 617969) ( no cost to City) b. Easements dated 5-7-98 from Kelsie and Pauline Doshier and Robert D. Wiechman for Tracts in Barrington Place Addition (SWS 495, Index 751107) (no cost to City) c. Easement dated 1-26-98 from Joe E. Lee for a Tract in Fox Pointe Second (Private Project, Index 607861 (no cost to City) has been filed and recorded. d. Easement dated 1-28-98 from Mathias F. Eck for a Tract in Bradford North Third (private Project, Index 607861) (no cost to City) has been filed and recorded. Motion -- Knight moved that the documents be received and filed and the City Clerk be -- carried instructed to record with the Register of Deeds. Motion carried 7 to 0. BOARDS MINUTES MINUTES OF ADVISORY BOARDS. Board of Electrical Appeals, 5-12-98 Board of Housing Commissioners, 5-21-98 CPO Northeast Council 1, 6-8-98 CPO East Council 2, 6-8-98 CPO Southeast Council 3, 6-11-98 CPO Southwest Council 4, 6-11-98 CPO Northwest Council 5, 6-10-98 CPO North Central Council 6, 6-10-98 Metropolitan Area Planning Commission (MAPC), 5-28-98 Wichita-Sedgewick County Board of Health, 5-28-98 Wichita-Sedgwick County Emergency Communications Advisory Board, 5-21-98 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 7 to 0. STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. There were no street closures/uses considered. FINANCIAL REPORT MONTHLY FINANCIAL REPORT FOR THE PERIOD ENDED MAY 31, 1998. Motion -- carried Knight moved that the Report be received and filed. Motion carried 7 to 0. CLAIMS ALLOWED REPORT REPORT ON CLAIMS ALLOWED - MAY, 1998. Name of Claimant Amount Sandy Keathley $ 552.26 Southwestern Bell $ 222.13 Russell Locks/Thomas Locks $2,400.00* Farmers Ins. Group/Timothy Fowle $ 919.25 Kathryn Ballard $ 214.85* Janice M. Wright $1,392.31* GAB Robins/Peoples Natural Gas $1,281.40 Kansas Gas Service $4,110.39 Diane M. Fassnacht $ 196.99 Hoang Troung $ 447.81 *Original claim was filed for more than amount paid. Motion -- carried Knight moved that the Report be received and filed. Motion carried 7 to 0. PIC AGREEMENT 1998-2000 PRIVATE INDUSTRY COUNCIL ADMINISTRATIVE AGREEMENT. Agenda Report No.98-558. The City of Wichita Human Services Department has been designated as the grant recipient and program administrator for Job Training Partnership Act (JTPA) Title II programs by the Private Industry Council (PIC) of Service Delivery Area (SDA) IV. SDA IV includes Butler, Cowley, Sumner, Harper, Kingman, and Sedgwick counties. These JTPA programs include Title II-A and II-C activities, which provide adult and youth year-round job training, and the Title II-B program for summer youth employment and academic enrichment. The 1998-2000 PIC/City of Wichita Agreement, which takes effect on July 1, 1998 and runs through June 30, 2000, contains no substantive changes from the current Agreement between the PIC and the City of Wichita. The Agreement codifies the PIC's designation of grant recipient and program administrator and specifies City administrative duties and PIC responsibilities. As grant recipient and program administrator for JTPA programs, the City will also administer Welfare-to-Work (WtW) grants in SDA IV. The Kansas WtW program will start July 1, 1998 and is designed to provide transitional employment assistance to move hard-to-employ welfare recipients into unsubsidized jobs and economic self-sufficiency. WtW has a "work first" objective and WtW activities must be coordinated with the Temporary Assistance for Needy Families (TANF) program which is administered by the Kansas Department of Social and Rehabilitation Services. The Agreement will provide first-year JTPA funding of $1,361,323 and first-year WtW funding of $1,669,267. The JTPA amount includes $602,951 for II-A (adult) programs, $88,144 for II-C (youth) programs, and $670,228 for II-B programs. JTPA and WtW funding allocations for the second year of the Agreement are not available at this time. No general fund moneys are obligated by this Agreement. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to sign. -- carried Motion carried 7 to 0. DESIGN SERVICES AGREEMENT FOR DESIGN SERVICES FOR REECE FARMS ESTATES ADDITION (SOUTH OF MAPLE, WEST OF 151ST STREET WEST). (District V) Agenda Report No.98-559. The City Council approved the Reece Farms Estates Addition plat on April 14, 1998. The proposed Agreement between the City and Baughman Company, P.A. provides for the design of Lateral 17, Cowskin Interceptor Sewer; Water Distribution System Number 448-89238; paving 151st Street West, Hendryx, McCormick Avenue, and Hendryx Court. Baughman Company, P.A. provided subdivision engineering services for this addition, therefore, they can expedite construction plan preparation. Administrative Regulation 7a allows for the selection of Baughman Company, P.A. under these conditions. Payment will be on a lump sum basis of $71,200 and will be paid by special assessments Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to sign. -- carried Motion carried 7 to 0. KOCH PIPELINE AGREEMENT FOR KOCH PIPELINE CROSSING AGREEMENTS (135TH WEST, SOUTH OF CENTRAL). (District V) Agenda Report No. 98-560. Two new westside developments, Maple Dunes and Highland Springs Additions are located adjacent to a Koch Company pipeline. Sanitary sewers and paving will encroach into the pipeline easement. Agreements have been prepared which allow the City to construct and maintain the pavement and sanitary sewers within pipeline right-of-way and to reimburse the Koch Company for the cost of lowering their pipeline. The relocation and permit fees total $11,000. The funding source is special assessments. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to sign. -- carried Motion carried 7 to 0. SUPP. ENGINEERING SUPPLEMENTAL AGREEMENT FOR CONSTRUCTION ENGINEERING SERVICES FOR SANITARY SEWER AGREEMENT IN AUBURN HILLS, SECOND, THIRD, FOURTH AND FIFTH ADDITIONS (NORTH OF KELLOGG, EAST OF 151ST STREET WEST). (District V) Agenda Report No. 98-561. The City Council approved a project for Main 2, Cowskin Interceptor Sewer on February 10, 1998. On May 19, 1998, the City Council approved an Agreement with Baughman Company, P.A. to design the improvements. The Design Agreement with Baughman Company requires Baughman Company to provide construction engineering services if requested by the City. The proposed Supplemental Agreement between the City and Baughman Company provides for the construction staking for Main 2, Cowskin Interceptor Sewer. This is Construction and Survey's peak workload period, therefore, City crews are not available to perform the construction engineering services for this project. Payment will be made on the basis of the lump sum fee amount of $11,200. The funding source is special assessments. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to sign. -- carried Motion carried 7 to 0. BROOKS CHANGE ORDER CHANGE ORDER FOR BROOKS LANDFILL GROUNDWATER REMEDIATION PHASE II. Agenda Report No. 98-562. The Brooks Landfill Groundwater Remediation System consists of two phases with separate contracts. Phase I is an air stripping system downstream from the landfill. Phase II is an air sparging system located at the landfill. On October 17, 1997, the City of Wichita took bids for construction of Phase II. Wildcat Construction Company, Inc. was awarded the contract on October 21, 1997. This contract included a substantial completion date of December 31, 1997, which was mandated in the Consent Agreement between the City of Wichita and the Kansas Department of Health and Environment (KDHE). The Consent Agreement was approved by the City Council on September 9, 1997. During construction, modifications to the system were required to meet the KDHE mandated completion date. Also, due to the specialized nature of the equipment, immediate notification of a system failure to the appropriate person is necessary. The modifications and installation of a warning system necessitate a change order to the original contract. The recommendations include: 1. Underground electrical service - This is necessary to provide overhead clearance in front of the air-sparging building garage door. 2. Louver replacement - During construction it was determined larger compressors were required to meet the air demand of the air-sparging system. These larger compressors required larger air intake louvers. 3. Telephone dialer - The air-sparging system must operate continuously. The dialer system allows for alarm calls to be made to designated locations and identifies specific system failures. This telephone dialer will operate in connection with the dialer on Phase I of the Groundwater Remediation System. Installation of the telephone dialers will result in a underrun on the Phase I project of $9,600. The net result to install the dialer system on both phases will be an underrun of $100. 4. Ductwork modification - For maximum efficiency, the compressor must operate year round. This ductwork modification is necessary to allow continuous operation of the system, regardless of the outside temperature. 5. Security System - Staff requested the addition of a security system to be installed with the telephone dialer due to the remote location of the equipment. To aid in safety and response procedure, the dialer alarm call will indicate if there has been a security problem as well as a system failure. Total change order - $34,984 The Groundwater Remediation System is funded from the Landfill Budget. The estimated cost of the entire Groundwater Remediation System is $3.5 million, of which approximately $3.1 million has been spent to date. Phase II of the system, estimated at $1.3 million, was awarded to Wildcat Construction for $947,132. Funds are available in the 1998 budget to provide for the change order. Motion -- Knight moved that the Change Order be approved and the Mayor be authorized to -- carried sign; and the necessary budget transfers be authorized. Motion carried 7 to 0. EQUUS BEDS EQUUS BEDS RECHARGE DEMONSTRATION PROJECT CHANGE ORDER NO. SEVEN (7). Agenda Report No. 98-563. The City entered into a contract with Utility Contractors, Inc., on December 31, 1996, to do construction work for the Equus Beds Recharge Demonstration Project. This project includes the installation of facilities to withdraw both surface water and "bank storage" water from the Little Arkansas River, then to recharge pits and facilities demonstrating whether that water may be used to recharge the Equus Beds. The original contract amount for this project was $2,267,700. The design of this project is intended to provide adequate facilities to evaluate the feasibility of the Equus Beds Recharge Project. To have these facilities available for the spring run-off, the design was done on a fast track. The design was adequate to allow the bidders ample information to provide an accurate bid for the project. It was anticipated that some alterations would be needed after work was begun that were not apparent during the design. Change Order No. 7 is a total of $11,588.55 and consists of the following items: - Providing two chlorine repair kits for 150 pound cylinders - $3,751.30 - Relocating two ultrasonic transducers - $1,759.50 - Relocating a water sample tap to improve the accuracy of the water sample - $1,043,00 - Additional piping to bring fresh water to the sample sink at the intake site $2,845.10 - Installation of an additional walk-through gate at the river intake site - $730.25 - Relocating the streaming current detector (used to measure water quality) - $1,020.05 - Adding quick disconnect fitting to two turbidity meters - $110.40 - Adding valve tags on 11 valves - $115.00 - Installation of two additional pressure gauges - $213.90 The total of Change Order No. 7 will increase the contract price by $11,588.55. This represents 0.5% of the original contract amount. Funding for this project is included in CIP #W-403, Bank Storage Concept Pilot, which has a total available appropriation of $480,000. Motion -- Knight moved that the Change Order be approved and the Mayor be authorized to -- carried sign; and the necessary budget transfers be authorized. Motion carried 7 to 0. PLANT #2 CHANGE ORDER CHANGE ORDER FOR VARIABLE FREQUENCY DRIVE (VFD) INSTALLATION AT SEWAGE TREATMENT PLANT #2. (All Districts) Agenda Report No. 98-564. Bids were taken in l997 to replace the Motor Control Center at the Sludge Dewatering Facility and to install the necessary components to energize and operate the new conveyer system. The low bidder was Shelley Electric Inc. at a cost of $302,420. At the time the work was bid, Variable Frequency Drive installation was not included in the bid as the intent of the Division was to install this equipment using plant staff. Since that time, key personnel in the Electrical Section have left the organization for better paying jobs in the private sector, thus we no longer have the expertise in the Sewage Treatment Division to install the equipment. Efforts to replace these employees have met with limited success. The Sludge Dewatering Facility Pumps are required and are scheduled for replacement in 1998. There is no choice but to install the equipment using contractor labor, as the plant Electrical Section no longer has that capability. The total cost of this Change Order is $25,051 to have Shelley Electric install the equipment. Funds are available in CIP #S-500 ($1,792,000), Biosolids Treatment & Management Plan Motion -- Knight moved that the Change Order be approved and the Mayor be authorized to -- carried sign; and the necessary budget transfers be authorized. Motion carried 7 to 0. GO NOTE/BOND SALE GENERAL OBLIGATION TEMPORARY NOTE SALE (SERIES 196); GENERAL OBLIGATION TAXABLE TEMPORARY NOTE SALE (SERIES 197); AND GENERAL OBLIGATION BOND SALE (SERIES 752 AND 753). Agenda Report No. 98-565. The City is planning to offer for sale two series of general obligation temporary notes totaling $29,792,000, two series of general obligation bonds totaling $27,340,000 for the purpose of providing temporary and permanent financing for capital improvement projects of the City. The public sale of the bonds and notes is scheduled for 10:30 a.m. on July 21, 1998, at which time sealed bids will be opened and the City Council will award the sale of each series of bonds and notes to the bidders whose proposed interest rates result in the lowest overall cost to the City. The City’s Summer 1998 general obligation bond and note sale includes the following issues: Temporary Notes The proceeds from the sale of the Series 196 Temporary Improvement and Renewal Notes will be used to provide interim finance for various City-at-large and improvement district projects: Series 196 Project Category Total Arterial Paving 625,000 Public Improvements 512,000 Bridge Improvements 181,600 Park Improvements 545,100 SERIES 196 (Continued) Gilbert & Mosley 1,550,000 Neighborhood Improvements - Water 2,325,000 Neighborhood Improvements - Sewers 2,394,500 Neighborhood Improvements - Paving 10,432,300 Neighborhood Improvements - Storm Sewer 2,134,500 TOTAL SERIES 196 NOTES $20,700,000 Series 197 Ice Rink $ 5,792,000 Hotel at Old Town 3,300,000 TOTAL SERIES 197 TAXABLE NOTES $ 9,092,000 “Special Assessment Bonds” The proceeds from the sale of the Series 752 Bonds will be used to permanently finance various neighborhood improvements located in special improvement districts. Special assessments have been levied against the property owners in the improvement districts for the purpose of paying all or a portion of the costs of such improvements, including the payment of principal and interest on Series 752 Bonds. The Special Assessment Bonds will be issued in the par amount of $17,040,000. “City-At-Large Bonds” The proceeds from the sale of the Series 753 Bonds will be used to permanently finance certain City-at-large projects, including arterial streets, public improvements and buildings, park improvements, golf course improvement and neighborhood paving projects. The City-at-large Bonds will be issued in the total par amount of $10,300,000. The Series 196 Temporary Notes will mature on February 25, 1999 and will be retired using the proceeds of both permanent financing bonds and renewal notes. The Series 197 Taxable Temporary Notes will mature on February 25, 1999 and will be retired using cash and renewal notes. The Series 752 Special Assessment Bonds will mature serially over 15 years with principal maturities structured to produce level annual payments of principal and interest. The Series 752 Bonds are payable from the collection of special assessments levied against benefited properties, and if not so paid, from city- wide ad valorem taxes. The Special Assessment bonds will be callable in 2005 with a 1% call premium. The Series 753 city-at-large bonds will mature serially over 10 years in equal principal amounts and will be paid as to principal and interest primarily from city-wide ad valorem tax revenues. The city-at-large bonds will be callable in 2003 with a 1% call premium. Motion -- Knight moved that the Resolutions authorizing the City Clerk to publish the Notice of Bond Sale and Notice of Note Sale, and setting the public sale of General Obligation Bonds and Notes for 10:30 a.m., July 21, 1998, be adopted. Motion -= carried carried 7 to 0. RESOLUTION NO. R-98-258 A resolution of the City of Wichita, Kansas, authorizing and a providing for the public sale of General Obligation Renewal and Improvement Temporary Notes, Series 196, Taxable General Obligation Renewal and Improvement Temporary Notes, Series 197, General Obligation Bonds, Series 752, and General Obligation Bonds, Series 753, of the city; and providing for the giving of notice of the public sale, 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. CDBG CONTRACT CDBG CONTRACT- CATHOLIC CHARITIES - ANTHONY FAMILY SHELTER. Agenda Report No. 98-566. There will be an under expenditure adequate to provide the $25,000 approved by the City Council to be equally shared by Catholic Charities Anthony Family Shelter, Inter-Faith Ministries Inter-Faith Inn, and United Methodist Urban Ministry Drop- In Center. The contract with Catholic Charities for Anthony Family Shelter, in the amount of $8,333, will provide operating assistance for a shelter for homeless families. Motion -- Knight moved that the Contract be approved and the Mayor be authorized to sign. -- carried Motion carried 7 to 0. RESEARCH CENTER CONTRACT FOR PROFESSIONAL SERVICES WITH THE RESEARCH CENTER. Agenda Report No. 98-567. The MAPD is in the process of drafting an update to the Wichita-Sedgwick County Comprehensive Plan. As a part of the update, a survey of citizen opinion regarding future growth is needed to identify citizen preferences for incorporation in the updated Comprehensive Plan. The base bid of the Research Center is $22,855 and is based on a 10 percent survey response rate. If the response rate exceeds 10 percent, then the price increases by $1.67 per survey returned, which results in a maximum contract amount of $33,376. Sufficient funds are budgeted in the MAPD general operating and federal grant budgets for the contract. Motion -- Knight moved that the Contract be approved and the Mayor be authorized to sign. -- carried Motion carried 7 to 0. BRIDGE DESIGN PROGRAM 1998-1999 BRIDGE DESIGN PROGRAM. (Districts I, II, III and VI) Agenda Report No. 98-568. The 1998-1999 Capital Improvement Program includes funds to design ten bridges. The bridges to be designed are: 11th Street Bridge at the Wichita Drainage Canal (CIP No. B- 9206, page 92) 21st Street Bridge at New York Street (CIP No. B- 9604, page 95) 33rd Street North Bridge at the West Drain (CIP No. B- 9213, page 99) Harry Street Bridge at the Fabrique Ditch (CIP No. B- 9208, page 114) Hydraulic Street Bridge at the Big Slough (CIP No. B- 9601, page 116) Lincoln Street Bridge at Dry Creek (CIP No. B- 9615, page 118) Lincoln Street Bridge at the Fabrique Ditch (CIP No. B- 9210, page 119) Pawnee Street Bridge at Dry Creek (CIP No. B- 9211, page 125) 55th Street South Bridge at the Big Slough (CIP No. B- 9602, page 102) The program budget is $440,000. The funding source is General Obligation Bonds. Motion -- Knight moved that the Project be approved and the Ordinance be placed on first reading; and the Staff Screening and Selection Committee be authorized to select a -- carried Design Engineer. Motion carried 7 to 0. ORDINANCE An Ordinance declaring 11th Street Bridge at the Wichita Drainage Canal, 21st Street Bridge at New York Street, 33rd Street North Bridge at the west drain, Harry Street Bridge at the Fabrique Ditch, Hydraulic Street Bridge at the Big Slough, Lincoln Street Bridge at Dry Creek, Lincoln Street Bridge at the Fabrique Ditch, Pawnee Street Bridge at Dry Creek, 55th Street South Bridge at the Big Slough (1998/1999 Bridge Design Program) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, introduced and under the rules laid over. INTERSECTION PROGRAM 1998-1999 INTERSECTION RECONSTRUCTION PROGRAM, PHASE II. (Districts II, III, IV and VI) Agenda Report No. 98-569. The Capital Improvement Program includes funding for intersection reconstruction (CIP No. MS-412, page 65). It is part of an ongoing program to improve traffic flow and safety. City funds are combined with federal funds administered by the Kansas Department of Transportation. The City Council approved Phase I of the 1998/1999 program on February 24, 1998. Phase II of the Intersection Reconstruction Program includes the following locations: Pawnee at Oliver (reconstruction) 13th Street North at Broadway (right-of-way) Pawnee at Hillside (landscaping and aesthetic enhancements) Meridian at McCormick (landscaping and aesthetic enhancements) Seneca at McCormick (landscaping and aesthetic enhancements) The Phase II budget is $826,000. The funding source is general obligation bonds. The total budget is $3,623,000 with $2,423,000 paid by the City and $1,200,000 by federal grants administered by the Kansas Department of Transportation. Motion -- Knight moved that the Project be approved and the Ordinance be placed on first reading; and the Staff Screening and Selection Committee be authorized to select a -- carried Design Engineer. Motion carried 7 to 0. ORDINANCE An Ordinance declaring Maple at Seneca, 13th Street North at Waco, Meridian at McCormick, Seneca at McCormick, Pawnee at Hillside, 13th Street North at Broadway, 21st Street North at Mosley, Pawnee at Oliver, 13th Street North at Broadway, and the intersection of Central, Meridian, and McLean (1998- 1999 Intersection Reconstruction Program) (472-82910) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, introduced and under the rules laid over. ALLEY CONVERSION CONVERSION OF ALLEY TO ONE-WAY TRAFFIC (EAST OF BROADWAY, BETWEEN GILBERT AND MORRIS). (District VI) Agenda Report No. 98-570. On May 13, 1998 CPO Council 6 voted unanimously (5-0), and on May 20, 1998 the Traffic Commission voted unanimously (6-0) to recommend approval of the conversion to one-way. Area business owners and residents have petitioned the City of Wichita requesting that the north-south alley, east of Broadway, between Gilbert and Morris, be converted from two-way to one-way southbound. The existing alley is graveled and currently carries localized, neighborhood traffic. Based on other alley conversions, Traffic Engineering feels that there will be limited impact on traffic flow in the neighborhood caused by the change, and therefore supports the request. Converting this gravel alley to a one-way will reduce the traffic volume and speed in the alley. The cost of converting the alley to one-way traffic is estimated to be $500.00 and will be covered in the Traffic Maintenance budget. Motion -- Knight moved that conversion of the alley to one-way traffic flow. Motion carried -- carried 7 to 0. PROPERTY ACQUISITION ACQUISITION OF 2008 REED FOR DRY CREEK DRAINAGE PROJECT. (District III) Agenda Report No. 98-571. The City has, when the opportunity arises, acquired properties along the Dry Creek drainage that are located in the floodway or floodplain. While not in the current CIP, a project to improve Dry Creek between Elmwood and Mt. Vernon was in the 1994 CIP. The house at 2008 Reed is located in the floodway of Dry Creek. The property is owned by Keith Sanborn. The house has 1,720 square feet with four bedrooms and three baths. The property was appraised for $85,000 and the owners have agreed to sell to the City for this amount. Upon acquisition, the house will be evaluated for suitability to be moved and either sold to be moved or demolished. A budget of $97,000 is requested. This includes $85,000 for the acquisition, $2,000 for closing costs and title insurance, and $10,000 for demolition it demolition is necessary. The Dry Creek project does not have funds available for the acquisition of this property. However, there is sufficient money available in the Storm Water Utility 1998 operating budget which includes a contingency budget of $500,000. A transfer o funds from the contingency to property acquisition will need to be approved to allow the purchases. Motion -- Knight moved that the Contract and Budget be approved and the Mayor be authorized -- carried to sign the necessary documents. Motion carried 7 to 0. ORDINANCES SECOND READING ORDINANCES. (First Read June 16, 1998) a. Zoo Boulevard (12th Street North to Windmill Road). (District V) ORDINANCE NO. 43-907 An Ordinance declaring Zoo Boulevard from 12th Street North to Windmill Road (472- 82945)to be main trafficways within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements of said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof and the manner of payment of the same , read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. b. Z-3253 - Zone Change on the north side of Central, west of 119th Street ORDINANCE NO. 43-908 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. (District V) Z-3253 c. Z- 3178 - Zone Change on the south side of 21st Street North, west of Webb Road. (District II) ORDINANCE NO. 43-909 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. (District V) Z-3178 d. A 98-15 - Annex Property ½ mile south of 21st Street North on the west side of Maize Road. (District V) ORDINANCE NO. 43-910 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. A 98-15 PLANNING AGENDA Chris Cherches City Manager stated that all Items could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Knight moved that the Planning Agenda Items be approved as consensus Items. -- carried Motion carried 7 to 0. S/D 97-95 S/D 97-95 - PLAT OF ESTATES AT SHADYBROOK LOCATED SOUTH OF CENTRAL, EAST OF 143RD STREET EAST. Agenda Report No. 98-572. MAPC Recommendation: Approve the plat. Staff Recommendation: Approve the plat. This site is in the County within three miles of the City’s boundary. The site will use the County’s Four-Mile Creek sanitary sewer system and petitions for sewer and street improvements will be handled by the County. A petition, 100%, has been submitted for city water improvements. An Outside-the- City Water Agreement has also been submitted. Certificates of Petitions have also been submitted, both for the City and the County. In order to provide for the ownership and maintenance of the reserves, the applicant has submitted a restrictive covenant. To provide for off-street parking for lots adjacent to narrow streets, a covenant has also been submitted requiring 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 thirty (30) days. Certificate of Petitions, Restrictive Covenant, Application for Water Service Agreement from Estates at Shadybrook, Lots 1-7, Block A, by Bill Blair, President. 100 Percent Petition for construction of Water Distribution System Number 448- 89289 (south of Central, east of 143rd Street East) $22,000 S.A. 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-98-259 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89289 (south of Central, east of 143rd 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 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. S/D 98-1 S/D 98-1 - PLAT OF SIMMONS PARK ADDITION LOCATED ON THE NORTH SIDE OF 55TH STREET SOUTH, EAST OF MERIDIAN. (District IV) Agenda Report No. 98-573. MAPC Recommendation: Approve the plat. Staff Recommendation: Approve the plat. This site consists of 78 lots zoned SF-6, Single-Family Residential. Petitions, 100%, have been submitted for sanitary sewer, water and paving improvements. A Certificate of Petition has also been submitted. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. Certificate of Petitions from W.F. Simmons. 100 Percent Petition for construction of Water Distribution System Number 448- 89286 (north of 55th Street South, east of Meridian) $65,000 S.A., $17,000 Utility Improvement Fund. 100 Percent Petition for construction of Water Distribution System Number 448- 89287 (north of 55th Street South, east of Meridian) $137,000 S.A. 100 Percent Petition for construction of Lateral 404, Southwest Interceptor Sewer (north of 55th Street South, east of Meridian) Project No. 468- 82864 ($239,000 S.A.) 100 Percent Petition for improving of Charles from the north line of 55th Street South, north to the south line of Lockwood; Lockwood from the west line of Charles, east to the east line of Vine; Vine from the south line of Lockwood, south to the north line of 55th Street South; Campus from the west line of Vine, west to the east line of Charles; Glenn from the north line of Campus, north to the south line of Lockwood, and; sidewalk along the west side of Charles, the north side of Lockwood, the east side of Vine, the east side of Glenn, and the north side of Campus, Project No. 472-82954 (north of 55th Street South, east of Meridian) ($610,000 S.A.) 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-98-260 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89286 (north of 55th Street South, east of Meridian) 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-261 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89287 (north of 55th Street South, east of Meridian) 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-262 Resolution of findings of advisability and Resolution authorizing construction of Lateral 404, Southwest Interceptor Sewer (north of 55th Street South, east of Meridian) Project No. 468-82864 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-263 Resolution of findings of advisability and Resolution authorizing improving of Charles from the north line of 55th Street South, north to the south line of Lockwood; Lockwood from the west line of Charles, east to the east line of Vine; Vine from the south line of Lockwood, south to the north line of 55th Street South; Campus from the west line of Vine, west to the east line of Charles; Glenn from the north line of Campus, north to the south line of Lockwood, and; sidewalk along the west side of Charles, the north side of Lockwood, the east side of Vine, the east side of Glenn, and the north side of Campus, Project No. 472-82954 (north of 55th Street South, east of Meridian) 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. S/D 98-15 S/D 98-15 - PLAT OF YMCA SOUTH ADDITION LOCATED ON THE WEST SIDE OF MERIDIAN, NORTH OF INTERSTATE 235. (District IV) Agenda Report No. 98-574. MAPC Recommendation: Approve the plat. Staff Recommendation: Approve the plat. A zone change (Z-3266) from MF-18 and TF-3 to LC, Limited Commercial has been approved for a portion of this site subject to replatting. An amendment to the Meridian Outlet Mall Community Unit Plan (DP-138) was also approved. Petitions, 100%, have been submitted for City water, sanitary sewer, storm sewer and paving improvements. A Certificate of Petitions has also been submitted. In order to insure access among the lots of this Addition, a cross-lot circulation agreement has been provided. A Community Unit Plan (CUP) Certificate has been provided identifying the approved CUP. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. Certificate of Petitions; cross-lot circulation agreement and CUP Certificate. 100 Percent Petition for construction of Water Distribution System Number 448- 89288 (west of Meridian, north of I-235) ($46,200 S.A.) 100 Percent Petition for construction of Lateral 405, southwest interceptor sewer (west of Meridian, north of I-235) Project No. 468-82865 ($70,600 S.A.) 100 Percent Petition authorizing construction of Storm Water Drain No. 137, Project No. 468-82866 (west of Meridian, north of I-235) ($46,100 S.A.) 100 Percent Petition authorizing construction of Storm Water Drain No. 138, Project No. 468-82867 (west of Meridian, north of I-235) ($139,600 S.A.) 100 Percent Petition authorizing construction of Storm Water Drain No. 139, Project No. 468-82868 (west of Meridian, north of I-235) ($70,000 S.A.) 100 Percent Petition authorizing improving of accel/decel lane on the west side of Meridian Avenue from a point 300 feet south of the centerline of 33rd Street South to a point 1,270 feet south of Meridian, north of I-235) ($144,600 S.A.) 100 Percent Petition authorizing improving of decel lane on the west side of Meridian Avenue from 210 feet south of the centerline of 33rd Street South to 390 Feet South of the centerline of 33rd Street South, Project No. 472- 82951 (west of Meridian, north of I-235) ($115,000 S.A.) 100 Percent Petition authorizing improving of south one-half of 33rd Street South from the west line of Gordon to the west line of Meridian, Project No. 472-82952 (west of Meridian, north of I-235) ($133,200 S.A.) 100 Percent Petition authorizing improving of the south one- half of 33rd Street South from the east line of Mt. Carmel to the west line of Gordon, Project No. 472-82953 (west of Meridian, north of I-235) ($109,470 S.A.) 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 Zone Change Z-3266 Ordinance be placed on first reading with publication withheld until such time as the plat is recorded with the Register of Deeds. Motion carried -- carried 7 to 0. RESOLUTION NO. R-98-264 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89288 (west of Meridian, north of I-235) 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-265 Resolution of findings of advisability and Resolution authorizing construction of Lateral 405, southwest interceptor sewer (west of Meridian, north of I-235) Project No. 468-82865 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-266 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Drain No. 137, Project No. 468-82866 (west of Meridian, north of I- 235) 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-267 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Drain No. 138, Project No. 468-82867 (west of Meridian, north of I- 235) 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-268 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Drain No. 139, Project No. 468-82868 (west of Meridian, north of I- 235) 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-269 Resolution of findings of advisability and Resolution authorizing improving of accel/decel lane on the west side of Meridian Avenue from a point 300 feet south of the centerline of 33rd Street South to a point 1,270 feet south of Meridian, north of I-235) Project No. 472-82950 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-270 Resolution of findings of advisability and Resolution authorizing improving of decel lane on the west side of Meridian Avenue from 210 feet south of the centerline of 33rd Street South to 390 Feet South of the centerline of 33rd Street South, Project No. 472-82951 (west of Meridian, north of I-235) 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-271 Resolution of findings of advisability and Resolution authorizing improving of south one-half of 33rd Street South from the west line of Gordon to the west line of Meridian, Project No. 472-82952 (west of Meridian, north of I-235) 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-272 Resolution of findings of advisability and Resolution authorizing improving of the south one-half of 33rd Street South from the east line of Mt. Carmel to the west line of Gordon, Project No. 472-82953 (west of Meridian, north of I-235) 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: Cole, Ferris, Gale, Kamen, Lambke, 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-3266 S/D 98-31 S/D 98-31 - PLAT OF SPRAY LAKE ADDITION LOCATED ON THE SOUTH SIDE OF 63RD STREET SOUTH, WEST OF HYDRAULIC. Agenda Report No.98-575. MAPC Recommendation: Approve the plat. Staff Recommendation: Approve the plat. This site is located in the County within three miles of the City’s boundary. The development has been approved by the Health Department for the use of on-site sanitary sewer and water facilities. In order to provide for the ownership and maintenance of the reserves, the applicant has submitted a restrictive covenant. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. Restrictive Covenant from James and Karen Beebe. Motion -- Knight moved that the document be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized -- carried to sign. Motion carried 7 to 0. Z-3278 Z-3278 - REQUEST FOR ZONE CHANGE FROM “B” MULTIPLE-FAMILY RESIDENTIAL TO “LC” LIMITED COMMERCIAL. (District I) Agenda Report No. 98-576. MAPC Recommendation: Approve. Staff Recommendation: Approve. CPO Recommendation: Approve. Motion -- Knight moved that the Ordinance be placed on first reading. -- carried Motion carried 7 to 0. 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-3278 EXECUTIVE SESSION Motion -- Knight moved that the Council recess to executive session to consider consultation with legal counsel on matters privileged in the attorney- client relationship relating to potential litigation and legal device, and the regular meeting be resumed no later than 11:40 a.m. in the City Council Chambers. Motion carried -- carried 7 to 0. RECESS Council recessed at 11:20 a.m. and reconvened in regular session at 11:40 a.m. Council Members Cole, Kamen; absent. Mayor Knight Mayor Knight announced that no action was necessary as a result of the Executive Session. Motion -- Knight moved that the City Council recess until 9:30 a.m., Wednesday, June 24, 1998, and then move into an En Banc session with the Sedgwick County Commission at -- carried 10:00 a.m.. Motion carried 5 to 0. Cole, Kamen; absent. Wichita, Kansas, June 24, 1989 Tuesday, 9:35 a.m. The City Council reconvened in regular session with Mayor Knight in the Chair. Council Members Cole, Gale, Kamen, Lambke, Rogers; present. Council Member Ferris absent. Cathy Holdeman, City Manager’s Office; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. CKR AGREEMENT AGREEMENT WITH CENTRAL KANSAS RAILROAD (CKR). Bill Stockwell Transportation Supervisor reviewed the Item. Agenda Report No. 98-577. When the City and the Union Pacific Railroad (UP) entered into negotiations in November 1997, it provided an opportunity to obtain an agreement with the UP Railroad to abandon certain UP rail tracks in the Mid-Town Area/Core Area, as well as tracks south of the Core Area along the west bank of the Arkansas River (known as the Midland Valley Industrial Lead). The principal operators over the Mid-Town tracks are the CKR and Kansas Southwestern (KSW) railroads. This rail route is known as the Hutchinson Branch; the tracks provide easy access to Union Pacific yards north of 21st Street. With the Hutchinson Branch line abandonment, the CKR will utilize only one route to the Burlington Northern Santa Fe (BNSF) and UP yards north of 21st Street. The remaining route will necessitate trains from Hutchinson using a connection near Exposition Street (two blocks east of Seneca) where the southeast-bound trains will travel to the southwest, and follow the existing rail line past Friends University in the vicinity of Harry and K-42. From this point, trains will proceed east over the Arkansas River to the CKR tracks which lie along Bayley Street. Once east of Broadway, trains will enter the Central Rail Corridor where the CKR will again travel north to access both major rail yards (the BNSF and UP). All out-bound trips by the CKR to Western Kansas will follow the same routing. Combining all CKR/KSW trains on this single route will increase daily trains through this corridor and on the Bayley Street route. (The recent DeBruce grain elevator disaster will likely decrease train movements if the elevator is not placed back into service.) With the abandonment of trackage, trains will no longer pass directly through the Core Area; daily train movements past Friends University will decrease from four to two. Among some of the benefits that will result from the negotiated abandonment of the Hutchinson Branch include: * 120,000 daily trips will no longer be delayed and stopped by trains; * 60,000 daily trips will experience reduced train delay; * the elimination of trains near Mid-Town School will increase safety for children; * train noise reduction and/or elimination; * river beautification will be enhanced; and * 28-railroad crossings will be eliminated (16 aarterial streets) increasing safety for pedestrians and motorists. The abandonment of the Midland Valley Industrial Lead will also provide additional land for the City’s planned expansion of its Central Maintenance Facility. To mitigate any negative impact of re-routing trains over the Bayley Street route, the City has engaged consultant services to assist in the development of plans to rebuild the Bayley Street trackage to safely accommodate train movements in an enhanced and buffered corridor. Among some of the the ideas/concepts being studied are: (1) walking paths along the Bayley Street Route (from the Arkansas River to St. Francis Street); (2) landscaping the area along the route; (3) installing necessary protective fencing ; (4) closing and construct cul-de-sac streets near the river for safety and reduction of train horn noise (as it exists presently); (5) installing new signals/gates at six street locations; (6) constructing a new, more attractive railroad bridge over the Arkansas River; (7) providing neighborhood access improvements to the river bank; and (8) making other improvements in the area. Over the past several months, meetings with some area residents have involved the feasibility of making improvements to the Lincoln Park. Such improvements could possibily be made in conjunction with this project. Current plans call for the CKR to temporarily stop all through train movements along Bayley Street on or about September 1, 1998 to allow reconstruction activities to begin. This work is expected to take approximately 10-12 months. Major construction activities will concentrate on rebuilding the CKR tracks in Bayley Street and building the new railroad bridge over the river. North-south vehicular traffic will be maintained to the extent possible, although not all north-south streets will remain open at the same time. New railroad signals with gates will be installed as the north-south streets are re-opened to motorists. When the project is completed, Bayley Street will no longer carry east-west vehicular traffic. Properties with primary access to Bayley Street will be acquired by the City. Once completed, the enhancement plan will increase safety and reduce the noise levels in the area. The Agreement between the City of Wichita and the CKR outlines the financial arrangement to carry out the rehabilitation of the CKR tracks, the building of the new bridge, and the reconstruction of the Bayley Street trackage. Estimated costs of the CKR/Bayley Street project are: 1) Rehabilitation of CKR $ 2,151,000 2) New railroad bridge/Arkansas River 1,000,000 3) New railroad signals/gates (six locations) 900,000 4) Bayley Street reconstruction/enhancement 2,917,230 (*) (+HNTB Design Contract) $6,968,230 The City has secured the following financial commitments to assist in these costs: 1) Kansas Department of Transportation $1,700,000 ($900,000-Signals; $800,000-Bridge) 2) Union Pacific Railroad 788,130 3) CKR 755,435 4) CKR or UP (Equipment) 75,000 5) City Contribution (+HNTB Design Contract) 3,649,665 (**) $6,968,230 (*) The estimated costs are based on concept and available data and may exceed these amounts upon bid. (**) City contributions will ultimately be dependent upon actual bid costs to accomplish the required work and property acquisitions. By agreement, the City will pay $732,435 of the rail construction cost; the CKR will pay $755,435. In addition, the City will bear the expense of reconstructing Bayley Street (including design). In total, the City’s contribution to the re- routing of CKR trains and rebuilding Bayley Street is currently being estimated at $3,649,665, exclusive of property acquisitions or higher construction costs. The Agreement provides that CKR must assume the risk of providing any specialized rail construction equipment if the UP cannot provide the equipment when it is needed ($75,000). The City assumes the risk for the actual cost of crossing materials (for street/rail reconstruction) over the budgeted estimate of $228,000. The Agreement with the CKR also assigns all other added costs, if any, to the City. The CKR will bear track rehabilitation costs, if any, above the $2.151 million estimate. The Agreement with CKR contains the understandings, conditions, and actions required of both parties. The budget Ordinance will establish legal authority to expend funds to initiate and complete the proposed project. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the Agreement with the Central Kansas Railroad be approved and the Mayor be authorized to sign; and the Ordinance be placed on first reading. -- carried Motion carried 6 to 0. (Ferris absent) ORDINANCE An Ordinance authorizing the issuance of bonds by the City of Wichita, Kansas, for the purpose of providing funds to pay the cost of certain public improvements and authorizing the expenditure of funds for the purpose of making a cash grant to Central Kansas Railway, LLC, introduced and under the rules laid over. ADJOURNMENT The City Council meeting adjourned at 9:50 a.m. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 166 JUNE 23 and 24, 1998