MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, January 31, 1995 Tuesday, 9:08 A.M. The City Council met in regular session with Mayor Broadfoot in the Chair. Council Members Cather, Cole, Kamen, Rogers; present. *Council Members Ferris, Reeser; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Patricia L. Burnett, Deputy City Clerk; present. The invocation was given by Reverend Charles E. Hadley, Grace United Methodist Church. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. Minutes -- The minutes of the regular meeting of January 24, 1995, were -- approved approved 5 to 0. (Ferris, Reeser; absent) AWARDS AND PRESENTATIONS *Council Member Ferris present. PROCLAMATIONS Mayor Broadfoot presented the Proclamations that were previously approved. SERVICE CITATIONS Mayor Broadfoot presented Distinguished Service Citations to those present. PUBLIC AGENDA JOHN SAVUTE COMMENTS BY JOHN SAVUTE. John Savute John Savute, representing the Wichita Restaurant Association, said that about twelve years ago the license fee for clubs was about $150; after about two years, the fee was increased to $750 after indication was made that there were a lot of disturbance calls for restaurants and clubs. Clubs and restaurants started having a few break-ins so most owners had alarm system installed. A fee of $20 was put in place for alarm systems. About three months ago, a letter from the City was received which informed restaurants and clubs of a hazard tax of $50 per year for those businesses that seat 50 or more persons. Then, about one month ago, another letter was received which informed recipients that they would have to pay $41.50 per month sewer tax, plus a $50 annual fee, because restaurants and clubs are responsible for 49 percent of the stoppages (sewer) in Wichita. No restaurant owner would dump grease down the sewer because owners would have to have their pipes cleaned out at an expense to the owners. The only alternative is a $10,000 grease collector which most small owners cannot afford. There are many other schools, churches, etc., that serve food and they were not included. It is not fair to charge restaurants and clubs when there are other contributors. The Council should take a good hard look at this and, perhaps, take it off the books. *Council Member Reeser present. Council Member Ferris Council Member Ferris said he wished Mr. Savute had been present when the issue was discussed because he could not find anyone from the restaurant business that would support his point of view - that there were some problems. The Kansas Restaurant Association had endorsed the grease program. Hopefully, in the future, the Wichita Restaurant Association will be involved when these issues are discussed. Council Member Ferris asked that issues affecting restaurants go to the Wichita Restaurant Association as well as the Kansas Restaurant Association. PHIL JOURNEY COMMENTS BY PHIL JOURNEY. Phil Journey Phil Journey, regarding the city's public defender system, said that in February, 1993, the public defender case load had expanded to over 1,000 cases per year. In 1993, the case load for six attorneys was over 4,000. In 1994, the City Council approved a proposal in which six attorneys would handle 4,400 cases for $1,500 per month, and agreed that a board would be appointed to deal with these problems. The board never materialized. The case load, in 1993, expanded over 40 percent; and in 1994 the case load expanded over 50 percent. The case load has reached a critical point. With the reduction in staff and supervision staff in the Municipal Court Clerk's Office, it is getting more difficult to do cases. On a one day example, each of three attorneys were assigned over 100 new cases. Mr. Journey said that in 1994 he was assigned 1,499 cases. There were 8,000 new cases assigned to six lawyers in 1994. It is getting to the point that something needs to be done soon. The Council should immediately propose hiring at least four more attorneys which would make a total of ten attorneys. Ten attorneys would ease the case load back to a reasonable number of about 750 cases per attorney a year and would allow easier transition to the new docketing system. Another improvement would be read-only access to the data base which would allow public defenders to respond to direct inquiries regarding scheduled court dates instead of the public defenders having to refer inquires back to the Municipal Court Clerk's Office. UNFINISHED BUSINESS SIDEWALK/ACCESS RAMP 1995 ARTERIAL SIDEWALK AND WHEELCHAIR ACCESS RAMP PROGRAM. Continued from January 24, 1995. Bill McKinley Traffic Engineer said he has been working with the Board of Education staff with regard to the sidewalk program. One problem is that some areas where sidewalks might be of help fall outside the 3 mile area and bus service could not be discontinued. Council Member Kamen Council Member Kamen stressed the necessity of continuing to work with the schools. Motion -- Broadfoot moved that the project be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-95-046 A Resolution authorizing the issuance of bonds by the City of Wichita at large for public improvements for sidewalks on the south side of 13th Street, from Shefford to Maize Road; south side of Harry, from George Washington Boulevard to Hillside; north side of Harry, from George Washington Boulevard to Hillside; south side of 21st Street, from River Park to Hyacinth; south side of Maple, from I-235 eastward; west side of Woodlawn, from Rockhill to 14th Street; south side of 31st Street South, from Sheridan to Richmond; south side of 31st Street South, from Gow to West Street; and wheelchair access ramps (1995 arterial sidewalk program) 472- 82555, presented. Broadfoot moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. CONDEMNATION REVIEWS CONDEMNATION REVIEWS. (a) 1202 Cleveland Kurt Schroeder Acting Director of Central Inspection reviewed the Item. Agenda Report No. 94-680 A. This property was first cited for violations on October 21, 1992, by the Building Inspection department. Because of the condition of the structure, a pre-condemnation letter was issued at that time. Condemnation action was initiated on May 16, 1994. At the July 11, 1994 BCSA hearing, the owner did not appear, and the BCSA recommended 10 days to start demolition and 10 days to complete demolition. On September 13, 1994, the City Council held a condemnation hearing on the property and adopted a resolution giving the owner 30 days to obtain a sales agreement. If sold, the new owner was to reappear before the Council. If not sold, then proceed with condemnation action with 10 days to start and 10 days to complete demolition. On October 17, 1994, a follow up inspection showed that no repair work had been done and that the property had not been sold. Michael Faucette, a prospective buyer, is now requesting more time to purchase and repair the structure. After discussion with Council Member Rogers, it was agreed this item should be brought back before the Council. A contract has been awarded to B.J. Hauling, to demolish the structure. Staff inspected the structure on January 11, 1995. The south wall had been painted and some attempt made to fill the large gap between the side walls and front walls. The 1994 taxes are unpaid. The total amount due is $214.86. The owner has been notified of the date and time of this hearing. Michael Faucette Michael Faucette, prospective buyer, said he now has a contract in hand and hopes to close the purchase of the property by the end of this week. Mr. Faucette said he wants to repair the property and plans to use it for a store or some commercial use. Motion -- Rogers moved that the taxes be paid, the premises secured, and the exterior premises be maintained and cleaned; and 30 days be granted to complete exterior repairs. If substantial progress has not been made in 30 days, demolition be -- withdrawn proceeded with. Rogers, with consent of the second, withdrew the motion. Motion -- Rogers moved that this Item be deferred one week to give Mr. Faucette time to -- carried complete the sales transaction. Motion carried 7 to 0. (b) 2031 North Estelle Kurt Schroeder Acting Superintendent of Central Inspection reviewed the Item. Agenda Report No. 94-497 B. This property was first cited for violations on July 15 1992. Several notices were issued, and on January 22, 1993 a pre-condemnation letter was issued. Condemnation action was initiated on April 6, 1994. At the June 6, 1994 BCSA hearing, the owner did not appear, and the BCSA recommended 10 days to start demolition and an additional 10 days to complete. On August 2, 1994, the City Council held a condemnation hearing on the property and adopted a resolution giving the owner 60 days to repair the structure and if not completed, 10 days to start and 10 days to complete demolition. On October 11, 1994, a follow-up inspection showed that the structure was open, very little repair work had been done, and there was junk and debris on the premises. The structure was let for bid to demolish it, and a letter was sent to Mr. Shaw, by certified mail, advising him of that action. Mr. Shaw is now requesting additional time to repair the structure, after discussion with Council Member Rogers, it was agreed that this item should be brought back before the Council. A contract has been awarded to Rick's Construction and Excavation to demolish the structure. The sanitary sewer has been sealed and a wrecking permit has been obtained. Costs incurred to date $587.97. Staff inspected the structure on December 22, 1994. The structure was open, no repair work had been made, and there was junk, debris and tree limbs on the premises. The 1994 taxes are unpaid. The total amount due is $137.69. The owner has been notified of the date and time of this Hearing. Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard and no one appeared. Motion -- carried Broadfoot moved that demolition of the structure proceed. Motion carried 7 to 0. NEW BUSINESS SS PETITION PETITION FOR SANITARY SEWER TO SERVE PART OF LEXINGTON ADDITION, MILES HIDDEN LAKES ESTATES, AND AN UNPLATTED TRACT, WEST OF MAIZE AND SOUTH OF MAPLE. (District V) Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 95-072. On January 5, 1993, the City Council approved Lexington Addition, a new single-family neighborhood. At the same time the Council approved paving, sewer, drainage and water petitions. On August 16, 1994, the City Council approved a contract with Poe & Associates of Kansas to design the improvements. The development, which was divided into two phases, began in 1993. Home building has progressed to the point that the developer is ready to begin the final phase. At the suggestion of City Engineering Staff, a new sewer petition has been prepared which also includes an adjoining neighborhood, Miles Hidden Lakes Estates Addition. The signatures on the petition represent 78% (11 of 19 ownerships) of the improvement district area. On January 11, 1995, CPO Council #5 voted 8-0 to recommend approval of the petition. Miles Hidden Lakes Estates was platted in 1961 without the requirement that it be served by an urban-type sanitary sewer system. The area has been experiencing problems with private septic systems. A Supplemental Agreement with Poe and Associates of Kansas (attached) to design the sanitary sewer has been prepared. The estimated project cost is $226,000. The funding source is Special Assessments. The method of assessment is the square foot basis. The estimated rate of assessment is $00.21 per square foot of ownership. Payment to Poe & Associates of Kansas will be on a lump sum basis not to exceed $5,100 and is included in the project cost above. State Statutes provide that the petition is valid if signed by a majority of owners or owners representing a majority of the improvement district. The Supplemental Agreement has been approved as to form by the Law Department. Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that the Petition and the Supplement Design Agreement be approved and the Mayor be authorized to sign the Agreement; and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-95-047 Resolution of findings of advisability and Resolution authorizing construction of Lateral 19, Main 1, CIS l(west of Maize, south of Maple) Project No. 468-82260 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Ferris moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. (Later in the meeting the Council took up Item No. 4; action is shown in Agenda order.) (Item No. 4) GENERAL OBLIGATION GENERAL OBLIGATION TEMPORARY NOTE SALE (SERIES 185) AND GENERAL OBLIGATION BOND BOND AND NOTE SALE SALE (SERIES 738). Agenda Report No. 95-029 The City is offering for sale one series of General Obligation Temporary Notes totaling $70,000,000 and one series of general obligation bonds totaling $3,600,000, for the purpose of providing temporary and permanent financing for duly authorized capital improvement projects of the City. Sealed bids for the aforementioned Bonds and Notes will be received by the City at the Office of the Mayor until 10:30 a.m. on January 31, 1995, at which time all proposals will be publicly opened and considered for the purchase of the above-captioned Bonds and Notes. The proceeds of the Series 185 Temporary Notes will be used to finance various City-at-large and improvement district projects. The proceeds of the Series 738 Bonds will be used to permanently finance various neighborhood improvements located in special improvement districts. The sealed bids will be accepted until 10:30 a.m. CST at the City Council Office, at which time the bids will be opened and read publicly by the Director of Finance or his designee. No bids will be accepted after the 10:30 a.m. deadline. The bids will be analyzed immediately upon being read by Finance Department staff, then tabulated and presented to the City Council at 11:30 a.m. By law, the City must award the sale of the bonds and notes to the bidder whose proposed interest rates result in the lowest net interest cost to the City. The Series 185 Temporary Notes will mature on August 31, 1995 and will be retired with the proceeds of permanent financing bonds and the proceeds of renewal notes, issued at that time. The Series 738 Bonds will mature serially over fifteen years. The Series 738 Bonds will be callable in 2002 with a 1% call premium, in accordance with the City's debt management policy. Council Member Kamen left the Bench. The bids were opened and read. Ray Trail Director of Finance read the recommended low bids as follows: General Obligation Renewal and Improvement Temporary Notes - Series 185 Paine Webber Net Average Interest Rate - 4.778571 Total Interest Cost to Maturity $2,143,750.00 Less Premium 192,500.00 Net Interest Cost to Maturity $1,951,250.00 General Obligation Bonds - S.A., Series 738 Prudential Securities Net Average Interest Rate - 5.7801 Total Interest Cost to Maturity $2,008,324.17 Less Premium - 0 - Net Interest Cost to Maturity $2,008,324.17 Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that the sale of the Bonds and Temporary Notes be awarded as outlined above; and the Declaration of Emergency be approved and the Mayor be authorized to sign; and the Ordinance be placed on its passage and adopted on the date of its introduction, all in accordance with K.S.A. 12-3001. Motion -- carried carried 6 to 0. (Kamen absent) ORDINANCE NO. 42-604 An Ordinance authorizing and providing for the issuance of General Obligation Renewal and Improvement Temporary Notes, Series 185, of the City of Wichita, Kansas, in the total principal amount of $70,000,000, for the purpose of providing the necessary funds to renew a portion of the principal amount of temporary notes previously issued for the interim financing of costs in connection with previously commenced capital improvements in the City, and for the interim financing of costs in connection with newly commenced capital improvements in the City; prescribing the terms and details of the notes; providing for the payment of the principal of and the interest on the notes; and making certain other covenants and agreements with respect thereto. Ferris moved that the Ordinance be placed on its passage and adopted on the date of its introduction, all in accordance with K.S.A. 12-3001. Motion carried 6 to 0. Yeas: Cather, Cole, Ferris, Reeser, Rogers, Broadfoot. (Kamen absent) ORDINANCE NO. 42-605 An Ordinance authorizing and providing for the issuance of General Obligation Bonds, Series 738, of the City of Wichita, Kansas, in the total principal amount of $3,600,000, for the purpose of providing the necessary funds to pay costs in connection with the making of capital improvements in the City; prescribing the terms and details of the bonds; providing for the levy and collection of an annual tax for the purpose of providing for the payment of the principal of and the interest on the bonds as it becomes due and payable; and making certain other covenants and agreements with respect to the bonds. Ferris moved that the Ordinance be placed on its passage and adopted on the date of its introduction, all in accordance with K.S.A. 12-3001. Motion carried 6 to 0. Yeas: Cather, Cole, Ferris, Reeser, Rogers, Broadfoot. (Kamen absent) (Kamen present) WER ORDINANCE PROPOSED ORDINANCE PERTAINING TO SERVICE CREDITS IN THE WICHITA EMPLOYEES RETIREMENT (WER) PLAN. Ray Trail Director of Finance reviewed the Item. Agenda Report No. 95-073. Recent deliberations on organizational downsizing, potential consolidations or other reorganizational opportunities have highlighted the need for expanded flexibility in local pension programs. The City has already enacted a Plan 3 for employees under the Wichita Employees' Retirement (WER) system permitting portability of future pension benefits. The City is cooperating with the County to secure legislative changes in the State KPERS system so that City pension programs can be better coordinated with State pension programs in the event of consolidation activity between the two governmental jurisdictions. Proposed at this time are additional refinements in the WER pension programs to provide the City with means to assist employees with early retirement due to City-initiated organizational changes. A committee of staff members and the Retirement Systems' Actuary researched and reviewed alternatives that would accomplish two goals: (1) organizational and budgetary downsizing through early retirement, without incurring additional liability in the retirement system and (2) a policy that could be budgeted with known costs and savings. The Wichita Employees' Retirement Board has reviewed and endorsed the proposed ordinance modifications and changes. BUY-OUT This modification in the ordinance will enable the City to purchase up to five years of retirement service credit for vested employees in the event their position(s) are eliminated. The initiating department will be required to budget 8% of salary for each position for each year purchased for five years to fully fund the retirement system liability . The budgeted funds will be annually transferred from the department to the retirement system and used to pay the liability associated with the increased pension benefit. This results in an immediate departmental savings ranging between 60- 92% annually for each position reduction. At the end of 5 years the full savings for the eliminated position will be realized. Based on actuarial assumptions, the retirement system should not incur additional liability associated with this early retirement incentive. The 8% per year is an average cost and assumes that members of both Plan 1 and Plan 2 will be reduced. If the buy- out is applied only to Plan 1 members, the cost of future purchased service will likely increase since Plan 1 service credit is more expensive than Plan 2. The buy-out applies only to Wichita Employees' Retirement Plans 1 and 2 (does not include Police and Fire). Because of the five-year departmental funding requirement, this option would only be available for 100% locally funded positions (grant-funded positions where budgets no longer exist would be excluded because no funding source would be available from which to pay the costs to the pension fund). If this option is to be used in circumstances where City functions are transferred to the County, it would require agreement by the County to pay the costs to the WER Fund. Voluntary requests for buy- out would continue to be permitted under the current WER ordinance provision which requires the payment of the full actuarial cost by the employee. An illustration of the cost for the buy-out is listed below: Annual $ Payments Years of 5 Year Amortization Each Year for 5 Years Additional Service Payment as % of Pay Per $10,000 Pay 1 8% $ 800 2 16% 1,600 3 24% 2,400 4 32% 3,200 5 40% 4,000 For example, if 3 additional years are granted to an employee with a salary of $40,000, the 5 year amortization payment would be $9,600 each year ($48,000 over 5 years). The department whose position was eliminated would generate an annual salary savings of $30,400 plus benefits. The department would be required to pay $9,600 to the retirement system each year for five consecutive years. At the end of the five years, the full $40,000 salary would be saved. The department may opt to pay the full amount ($48,000) in the first year. BUY BACK This proposed change in the ordinance allows the repurchase of some or all of prior service credit upon the repayment to the retirement fund of pro-rated withdrawn contributions plus 7% compound interest for the entire time the funds were out of the retirement system. If the buy-back is executed by the employee within one year of re-employment, the full amount of any prior service credit can be repurchased. If the buy-back option is not executed within the first year of re- employment, then the employee is limited to ten years of repurchased service credit. This is a significant change from the current ordinance. The current ordinance provides for the repurchase of service credit in the retirement system within the first 60 days of re- employment with 7% simple interest for the entire time the funds were out of the retirement system. If previous service was not purchased in the first 60 days, the employee is required to pay full actuarial cost for the service credit. Full actuarial cost is estimated to be at least, $3,500 for each $10,000 annual income for each year of service. It is anticipated that the buy-out proposal would (on average) fully fund the retirement system's liability, resulting in no increase in annual City contribution rates. Actual experience will be reviewed by the actuary every five years to determine if the City contribution amounts (8% of salary for each year) have been sufficient to cover the actuarial accrued liability generated by the additional service credit. The percentage may be adjusted for future buy-outs if determined necessary by the actuarial review. This policy allows the flexibility in each department to identify potential positions and savings by knowing in advance the cost of buying- out an incumbent employee in an eliminated position. The Actuary has reviewed and approved the ordinance change. It is anticipated that the buy-back proposal would not increase the City's contribution rate by more than 0.2%, this equates to an average annual cost of $11,600. Actual costs will be included in the Actuary's annual review and recommendation on the City's annual contribution rate. The Actuary has reviewed and approved the required contributions and ordinance change. There are approximately 100 employees who have been re-employed and did not purchase back their service time within the original 60 days. Cumulative changes in pension administration have resulted in annual savings in excess of $200,000. Additional internal accounting is required as the result of the numerous projects implemented to secure these savings and to add the various benefit enhancements previously approved as well as those proposed in this agenda report. These projects include, accounting and custody of the ever increasing investment portfolio, outsourcing pension payroll, unitizing the WER portfolio to separately account for the new Plan 3, implementing a securities lending program, and the buy-out, buy-back options. It is increasingly difficult to complete nominal pension accounting due to the size and complexity of the current investment portfolio, the increasing number of pensioners and the new plans/benefits. Current staff need to be augmented. Current accounting costs paid through the cost allocation plan, are determined by the number of documents processed. Due to outsourcing and contracting, the number of documents processed by Pension Management continues to decline. This results in reduced charges to the retirement system, even though the accounting need continues to increase. In order to implement this and other additional upcoming accounting projects, it is necessary to staff a full-time pension accountant. The additional annual expense is estimated to be approximately $48,700 (including salary and benefits). This additional position would be funded by the pension trusts (WER & P&F). Ray Trail Director of Finance, responding to a question, said an outside auditor had been retained to visit the issue of contracting out the additional work. Given the growing complexity due to flexibility and options, there is a greater degree of work necessary to account for dollars. A lot of those issues are driving the need for the position. The outside auditor concurred with a caveat that in future years, two or so down the line, staffing requirements for the fund should be looked at to see if staff reductions can be made. Pension payroll is done by the City's custodial bank. There are a lot of other services contracted out and a blend and balance must be kept. "Generally, you do not want to contract out so much of your public pension work that you lose your ability to know and understand and monitor what your outside contractors are doing for you." Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard and no one appeared. Motion -- Broadfoot moved that the Ordinance be placed on first reading; and the addition of a Senior Accountant position in the Controller's office be approved and budget -- carried adjustments to the 1995 budget be authorized. Motion carried 7 to 0. ORDINANCE An Ordinance amending Sections 2.28.085,2.28.120, 2.28.220 and 2.28.310 of the Code of the City of Wichita, Kansas, pertaining to benefits, re-employment and eligibility for retirement under the City of Wichita Retirement Plans and repealing the originals of said sections, introduced and under the rules laid over. MEMORIAL DONATION DONATION OF "PIATT STREET PLANE CRASH" MEMORIAL FOR PIATT PARK. Chris Cherches City Manager reviewed the Item. Agenda Report No. 95-074. January 16, 1995, marked the 30th Anniversary of the crash of an Air Force "KC-135 Tanker" airplane into a residential neighborhood in northeast Wichita which took 30 lives, caused numerous injuries, and damaged 65 houses, 15 homes beyond repair. Six years after the accident, the City created Piatt Park on some of the cleared land. No plaque or memorial has ever existed in the park. On Sunday, January 22, 1995, a memorial service was held at St. Paul A.M.E. Church and a committee, organized by the NAACP and headed by Timna Jackson, dedicated a memorial monument to those who lost their lives in the accident. The Committee proposes to donate the memorial to the City for placement on the northeast corner of Piatt Park. The simple stone monument is approximately three feet square, with an engraving commemorating the events of January 15, 1965, along with a list of the persons who died. Timna Jackson Timna Jackson said the monument would be placed in the northwest corner of Piatt Park. The Committee would also like to have the name of the park changed to Piatt Memorial Park. Motion -- Rogers moved that the donation of the memorial be accepted by the City and placed in Piatt Park. Amendment -- Cole moved an amendment to the motion that the renaming of Piatt Park to Piatt -- carried Memorial Park be referred to the Park Board. Amendment carried 7 to 0. -- carried Motion carried 7 to 0. NEIGHBORHOOD CENTERS ESTABLISHMENT OF NEIGHBORHOOD CENTERS. Chris Cherches City Manager reviewed the Item. Agenda Report No. 95-075. The Neighborhood Initiative, a strategy for making the Wichita community more safe and secure, supports numerous programs and activities that help to foster neighborhood actions which strive for economic, family and social stability. Neighborhood Centers are one means to bring together local residents and community agencies and organizations to address neighborhood concerns and to implement programs that address the needs of youths and families. In conjunction with the Neighborhood Initiative, it is proposed to implement a program of Neighborhood Schools/Centers, beginning in the targeted areas as designated by the City Council. The City of Wichita will work in partnership with U.S.D. 259 to utilize school facilities, either totally, or in part, as multipurpose Neighborhood Centers. Schools are excellent facilities for Neighborhood Centers because they are strategically located in neighborhoods, accessible to residents, and generally are available for other uses after the school day ends. Using school facilities as Neighborhood Centers is a cost-effective, practical and an additional way to use one of the City's largest public investments. It is envisioned that Centers will provide programs for academic improvement and enrichment, vocational improvement, leisure and recreational programs, programs relating to job and life skills, health and human services, and social services. Once a Neighborhood Center has been designated, a neighborhood council will be formed from within the targeted neighborhood(s). The purpose of the Council is to define the needs and the services that are desired (not imposed) by area residents. The City will appoint a Neighborhood Center Coordinator to work with the Council, School Principal/teaching staff and area residents. The Coordinator will be responsible to work with residents and their Council to develop and coordinate programs within the Center. They will also: collect information from residents on neighborhood problems and work with them on possible solutions; mobilize volunteers; seek needed funding; as well as other tasks to serve the needs of that neighborhood. (It is anticipated that services, programs and activities may differ from area to area). The School District has indicated its support of the development of Neighborhood Centers and believes that schools can be used for such purposes. School staff have been working with City staff to make facilities available to establish Neighborhood Centers in designated community areas when such facilities are not being used for school purposes. They support joint designation of such Centers and the operation of Centers under the terms of administrative agreements (similar to those for the operation of Colvin and Stanley facilities). The School staff will be making recommendations to the School Board that designated Schools be determined jointly with the City. The City will fund the cost of the Neighborhood Center Coordinator(s). (Currently under consideration is the use of existing personnel from the Park and Recreation Department with the understanding that additional training relating to the job functions of a Neighborhood Center Coordinator will be necessary). In some cases, it may be necessary to make improvements to accommodate specific uses of the neighborhood. It is proposed that some space in the Colvin school will be necessary to accommodate some of the activities that may be requested by the Neighborhood Council. The l995 Budget provides for funding to implement the Neighborhood Initiative and the Neighborhood Centers/staffing. To implement this program, joint agreements with the School District will be necessary. Council Member Reeser momentarily absent. Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the Neighborhood Center Concept be approved; Colvin Elementary School/Community Center be designated as the first Neighborhood Center and the Mayor be authorized to sign the appropriate agreements with the School -- carried District. Motion carried 7 to 0. ADDENDUM ITEM (The Council proceeded with the Agenda and returned to this Item at the end of the meeting. Action is shown in Agenda Order.) (Council Member Kamen absent) ICE RINK LETTER OF INTENT TO DEVELOP A CITY-OWNED PUBLIC ICE RINK. Chris Cherches City Manager reviewed the Item. Agenda Report No. 94-654 B. Based on prior City Council approval of Canlan as the Preferred Developer for the Ice Rink, City staff have been working to prepare a Developer Agreement and other legal documents for presentation to the Council. That effort is proceeding. The parties have determined it advantageous to execute a Letter of Intent as an interim document to verify the business arrangement between the parties and to serve as a guide for the completion of the more lengthy and complex legal documents. The Letter of Intent is generally in compliance with the terms and conditions as previously presented to the City Council. The basic elements of the project are unchanged from the point in time when the Council approved designation of Canlan as the preferred Developer whereby: (a) the City provides the site under a long-term lease to Canlan; (b) the City and Canlan equally guarantee the debt service on the base ice rink facility anticipated to be covered from facility net revenues; and (c) the City pays for any facility enhancement costs as determined at the sole discretion of the City. The letter of intent is a preliminary agreement as to the basic elements of the business arrangement between the City and Canlan. It will be superseded by the final Development Agreement and other legal documents once completed and approved by the City Council. Chris Cherches City Manager, responding to questions, said the developer will have the right to exercise an option to purchase the property within the first five years unless the Council elects to extend the option. Until such time as the option to purchase the facility by Canlan is exercised, the City, in lieu of a lease for the land, would receive up to $35,000 of credited ice time that could be used for ice time or ice skating rental for public recreational purposes. If Canlan exercises the option, the dollar amount of credited ice time would go up to $45,000 in lieu of a lease payment for the land. That would be indexed to any previous rate increases that might occur the preceding year. Council Member Reeser Council Member Reeser spoke in favor of the enhancement of one sheet of ice being the normal NHL type ice rink with the other side being an Olympic size sheet of ice. This would have a potential of being a draw for some events Wichita could compete for. Additionally, the developer will select a general contractor from the local construction firms. Canlan will also guarantee one-half of the principal and interest payments on the general obligation bonds used to finance the base facility. The City will approve all rates, fees, and charges relating to the uses of the facility by public and special groups; and will annually approve an operating budget for the project. Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard and no one appeared. Motion -- Reeser moved that the Letter of Intent be approved and the Mayor be authorized to -- carried sign. Motion carried 6 to 0. (Kamen absent) CITY COUNCIL AGENDA (The Council proceeded with the Agenda and later returned to this Item. Action is shown in Agenda order.) (Council Member Kamen present) VEHICLES IN DRIVEWAY OR ORDINANCE PERTAINING TO VEHICLES IN DRIVEWAY OR STREET. (Requested by Council STREET Member Ferris.) Rick Stone Police Chief said research shows that there were only 77 violation citations issued on this ordinance in 1993 and 82 issued in 1994. The reason for enactment of the ordinance was obviously vehicle theft prevention and to prevent vehicles, whether by intervention or mechanical accident from endangering buildings, other people, etc. Vehicles are stolen at an individual's place of residence at least as often as downtown or on arterial streets. Although auto thefts predominantly occur in public parking lots, a significant percentage of auto thefts occur on private property, in private driveways, and sometimes even out of open garages. The theory behind attempting to prevent an auto theft and all of the ramifications that usually come after the theft, police reports, pursuits, arrests, etc., applies to thefts from private property as well as theft from public property. The vehicle is still accessible to the person who might steal a car. Council Member Rogers Council Member Rogers said the fact that an ordinance makes somebody uncomfortable two minutes out of a lifetime does not speak to the ordinance. There is a concept which would indicate the City may have a responsibility in developing certain kinds of ordinances when there is hard evidence that certain practices lead to things that might hurt the total community. Council Member Ferris Council Member Ferris said one element he was uncomfortable with was not being able to leave the car running with the door locked. Gary Rebenstorf City Attorney stated that the ordinance also requires the parking brake to be set. Council Member Ferris Council Member Ferris said the parking brake portion of the ordinance probably ought to be changed. Council Member Ferris Council Member Ferris offered to meet with the Director of Law and the Police Chief to review the ordinance and, if necessary, to bring back any recommended changes. Council Member Rogers Council Member Rogers said he had no problem with Council Member Ferris reviewing the ordinance; however, under the present ordinance, if harm is done to innocent citizens due to noncompliance with the ordinance, both the thief and the vehicle owner are liable, one criminally and one civilly, and that is the way it should be because there are far too many people who do not accept the responsibilities for living in a civilized society. The ordinance should cover, as many ordinances do, private property. There probably are specifics in many of the city's ordinances which are no longer applicable and probably should be looked at. Council Member Cole Council Member Cole said she believed that for every new ordinance the city passes, one should be removed. There are all kinds of ordinances which probably do not make sense and should be looked at. Gary Rebenstorf Director of Law said the Law Department, Police Department, and Public Works Department met over an almost two year period, and are still working on some portions, on revising the traffic code. It is a long process because of the number of ordinances and the number of departments involved but it is being looked at. Consensus of the Council was that Council Member Ferris meet with the Law Department and the Police Chief on this ordinance and return any recommended changes to the Council. ADDENDUM ITEM PLANNING STAFF USE DISCUSSION OF COUNTY LETTER RE: USE OF CITY/COUNTY PLANNING STAFF. (Requested by Council Member Cole) Council Member Cole Council Member Cole said she had decided she did not wish to press on this issue at this time. Indications have been made that the goal of hearing from Wichita residents on the Rails to Trails can be accomplished through the Park Board. "However, I remain deeply concerned about the whole situation because it looks to me as if it does have potential of causing many more serious problems in the future." Council Member Ferris Council Member Ferris said he would like to be informed whether the City or the County can tell a joint department they can no longer do work for the other side. Council Member Ferris said he would be disturbed if the City Council could tell the Planning Staff that they could not consider a (County) zoning case that was on the perimeter of the City because the City Council thought it might have some impact on something that might happen in the City and would not want staff to have the leeway to work with that matter. It would be assumed that with a joint department, if the City or County needed something it would be received from that department. Council Member Ferris requested information, in the next week or two, that would relate the legal relationship and whether or not the County has the authority to tell the Planning Staff that they cannot serve the needs of the citizens of the City of Wichita. Council Member Rogers Council Member Rogers stated that he is not knowledgeable enough to know what the administrative relationship is in terms of whether or not the policy making body for the County is supposed to be dealing directly with staff members or whether or not that ought to come through the respective bodies. "I simply do not know what that relationship is or should be. I am becoming uncomfortable because I do not know that. In various organizations that I have been in, that relationship does not exist for that to have ever happened." Council Member Rogers asked for clarification on this matter and on the question Council Member Ferris asked. Council Member Reeser Council Member Reeser said he would like to know whether, legally, the County can exclude discussion by a joint department on a certain subject. While it is understood that the City needs legal information, the City needs to understand the joint responsibility it has with the Planning Department. "One body, if it is consistent with their policy, I think, has every right to try to exclude their staff from working on that particular issue as long as there are other options to the other partner." Council Member Kamen Council Member Kamen stated that he saw more ramifications. For example, if the City had decided to give part of the Health Department to the County and the County decided there were certain policies they were not interested in which the City did want to do, that could be a problem. Some of the areas where certain things were being considered need to be rethought. Council Member Cather Council Member Cather observed that this is an issue of great sensitivity which comes on the heels of numerous proposals from the City for some kind of merger or looking into the merger of governments. It seems now, with the business of one government unilaterally directing a joint staff to not do certain things, council discussions need to be had to see what the options are and what the City's legal position is; and, eventually, this matter needs to be discussed with the County Commission. Council Member Cole Council Member Cole said, upon reflection, she realized how sensitive this issue is and how much Wichita could lose if this is not handled carefully. The City and County have worked together to do such fine development cooperatively and what has been done in the past has worked very well. The City Council and County Commission need to sit down and be sure of their parameters. We all stand to lose but most of all the people of Wichita and Sedgwick County. If somehow the two elected bodies come to agreement that when there are things that are very sensitive, the two bodies go at them in a very different way - that is very different than just closing the door on using a most competent staff to present an issue to one body that feels differently than the other. This is very, very sensitive and it is going to mean that some of each of the elected bodies spend additional time on assuring that somehow we do not create a battleground over these kinds of issues and a battleground for staff that is highly competent. Council Member Ferris Council Member Ferris said it is unfortunate the Planning Staff has been put in this situation. Approximately one year ago there was a joint meeting with Sedgwick County and there was going to be a joint meeting one time per month. If there is no communication there are problems. It is hoped a return to joint meetings might be tried at least once every two months. Perhaps, at joint meetings, these issues might be resolved. Council Member Rogers Council Member Rogers said the reason he is uncomfortable is because he does not know, legally, who has what authority. And, there have to be administrative procedures to determine who reports to whom and who takes orders from whom. Procedurally, if what has been done has been a deviation from what is normally done, that information is requested. There was no further action on this Item. ADDENDUM ITEM (Kamen absent) WASTE EXPO CONFERENCE WASTE EXPO '95 CONFERENCE, Motion -- Broadfoot moved that Council Member Kamen be authorized to attend the Conference. -- carried Motion carried 6 to 0. (Kamen absent) APPOINTMENTS APPOINTMENT TO CPO COUNCIL 4.3 Council Member Kamen present. CPO 4 Council members have nominated Christopher Fleet, 4503 S. Walnut, to fill a vacancy on the Council. Motion -- Reeser appointed Christopher Fleet and moved that the appointment be approved. -- carried Motion carried 7 to 0. APPOINTMENT TO WICHITA COMMISSION ON THE STATUS OF WOMEN. One appointment (Kamen), for a term expiring June 30, 1995. Motion -- carried Kamen moved that the appointment be deferred two weeks. Motion carried 7 to 0. APPOINTMENT TO WICHITA PUBLIC BUILDING COMMISSION. Two appointments (Cather, Rogers), for terms to expire June 30, 1995. Motion -- carried Cather moved that the appointments be deferred two weeks. Motion carried 7 to 0. NOTICE OF VACANCIES - HISTORIC PRESERVATION BOARD. Two vacancies (Ferris, Reeser), due to the resignations of Ann Schowengerdt and Wilma Sehnert, for terms expiring June 30, 1995. Appointments will be made February 14, 1995. NOTICE OF VACANCY - TRAFFIC COMMISSION. One vacancy (Cole), due to the resignation of Leo Casados, for a term expiring June 30, 1995. Appointment will be made February 14, 1995. PROCLAMATIONS PROCLAMATIONS. Motion -- carried Broadfoot moved that the proclamations be authorized. Motion carried 7 to 0. CONSENT AGENDA Broadfoot moved that the Consent Agenda, including addendum items, 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 JANUARY 23, 1995. At 10:00 a.m., Friday, January 20, 1995, pursuant to advertisements published, bids were received, publicly opened, read aloud and tabulated for the Board of Bids and Contracts: (Ref: Bid analysis report attached to Board of Bids Minutes 1/23/95) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Constructing Lateral 51, Main 3, Southwest Interceptor Sewer, to serve Vilm Gardens Second Addition (west of Seneca, south of 43rd Street South). (468- 82409/742080/4800300) Does not affect existing traffic. (Council approval date 09-13-94) (District IV) WB Carter Construction Company, Inc. - $4,600.00 Constructing Lateral 33, Main 15, Southwest Interceptor Sewer, to serve Lake Ridge Commercial Second Addition (north of 21st Street, east of Ridge). (468- 82427/742197/480311) Does not affect existing traffic. (Council approval date 11-01-94) (District V) WB Carter Construction Company, Inc. - $39,150.00 Constructing a water distribution system to serve Lexington Addition, Phase II (west of Maize, south of Maple). (448-88654/732321/470310) Does not affect existing traffic. (Council approval date 01-05-93) (District V) WBW Contractors - $25,795.00 Constructing a water distribution system to serve Lake Ridge Commercial Second Addition (north of 21st, east of Ridge). (448-88870/732537/470331) Does not affect existing traffic. (Council approval date 11-01-94) (District V) Mies Construction Company, Inc. - $8,879.00 Improving McDonald Park Golf Course course renovations and drainage improvements project (GC-1) (840 North Yale). (Index Code not available) Does not affect existing traffic. (Council approval date 01-10-95) (District I) G.C. Construction - $1,175,984.00 (Part A) Alternate 3B - $ 33,000.00 Storm Water Sewer Add Alt. - $ 15,408.00 (Line #1) Storm Water Sewer Add Alt. - $ 13,950.00 (Line #2) Storm Water Sewer Add Alt. - $ 9,820.00 (Line #3) Storm Water Sewer Add Alt. - $ 11,900.00 (Line #4) Storm Water Sewer Add Alt. - $ 7,410.00 (Line #5) Meyers Company - $595,000.00 (Part B) Irrigation Add Alt. #1 - $ 22,000.00 Irrigation Add Alt. #2 - $ 25,000.00 Irrigation Add Alt. #3 - $ 85.00 Improving Maybelle from the west line of Taft to the east line of Stoneypoint Circle; Stoneypoint from the east line of Stoneypoint Circle to the west line of Taft; Stoneypoint Circle from the north line of Stoneypoint to and including the cul-de-sac serving Lots 13 through 20, Block 1; Taft Circle from the south line of Taft to and including the cul-de-sac, serving Lots 17 through 24, Block 3, Lexington Addition (west of Maize, south of Maple). (472- 82286/762625/490365) Does not affect existing traffic. (Council approval date 01-05-93) (District V) Asphalt Construction - $179,339.50 Improving Central Park from the west line of Tyler Road to the west line of Lot 42, Block 2,; Keith from the west line of Lot 42, Block 2, to the north line of Bradford South Addition; four Central Park Courts adjacent to Lots 1 through 10, Block 1, Lots 5 through 16, Block 2, Lots 23 through 31, Block 2, and Lots 32 through 40, Block 2; three Keith Courts adjacent to Lots 42 through 48, Block 2, Lots 1 through 19, Block 3 and Lots 27 through 39, Block 3; and Bellwood from the south line of Central Park to the south line of Bradford South Addition (north of 21st, west of Tyler). (472- 82479/762856/490388) Does not affect existing traffic. (Council approval date 07-12-94) (District V) Ritchie Paving - $516,774.35 (Total Bid With Alternate #1) 1995 Contract maintenance preparatory curb and gutter repair and miscellaneous concrete repair at various locations. (132258/112000) Traffic to be carried through construction. (Council approval date 12-20-94) (District All) McFadden Construction - $350,000 (Engineer's Estimate) The Board of Bids and Contracts recommended that the contracts be awarded as outlined above, subject to check, same being the lowest and best bid and within the Engineer's construction estimate. Broadfoot moved that the contracts be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign the contract for the City. Motion carried 7 to 0. CITY MANAGER/PROPERTY MANAGEMENT: MOVING OF EIGHT (8) SINGLE FAMILY HOMES AS PER SPECIFICATIONS AAA Housemovers - $43,000.00 POLICE DEPARTMENT/SUPPORT SERVICE BUREAU: POLICE UNIFORM BOOTS AS PER SPECIFICATIONS Vanderbilts - $90.00 (Per Pair) VARIOUS CITY DEPARTMENTS, BOARDS AND AGENCIES: ROLL TISSUE, PAPER TOWELS AND TOILET SEAT COVERS AS PER SPECIFICATIONS Group I: Southwest Paper Company: Item 1 - $12.75 (Per Case) Group II: Southwest Paper Company: Item 1 - $26.50 (Per Case) Group III: Southwest Paper Company: Item 1 - $10.15 (Per Case) Group IV: Paper Sales, Inc. : Item 1 - $34.43 (Per Case) Group V: Southwest Paper Company: Item 1 - $55.95 (Per Case) Item 2 - $30.00 (Per Case) Item 3 - $67.00 (Per Case) Group VI: Southwest Paper Company: Item 1 - $26.30 (Per Case) Group VII: Massco, Inc. : Item 1 - $37.43 (Per Case) Item 2 - $29.09 (Per Case) Group VIII: Southwest Paper Co: Item 1 - $29.25 (Per Case) Item 2 - $30.50 (Per Case)* Item 3 - $30.50 (Per Case)* Item 4 - $26.30 (Per Case)* *Firm 3 months The Board of Bids and Contracts recommended that the contracts be awarded as outlined above, same being the lowest and best bid. Broadfoot moved that the contracts be awarded as outlined above, same being the lowest and best bid. Motion carried 7 to 0. LICENSE APPS. APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1995 (Consumption on Premises) Patrick J. Audley Artichoke Sandwich Bar 811 N. Broadway Vernon J. Blasi Blasi Tire Center, Inc. 11209 W. 54 Highway Vincent B. Dunn Old Town Barbeque 111 N. Washington Carol Bruff Residence Inn by Marriott 120 W. Orme (Consumption off Premises) Wayland Waggoner Albertson's #22112101 N. Rock Road Wayland Waggoner Albertson's #22128714 W. 13th Street Wayland Waggoner Albertson's #22131607 S. Georgetown Wayland Waggoner Albertson's #22143137 S. Seneca W. Kent Laughman Food 4 Less #373020 E. Douglas W. Kent Laughman Food 4 Less #38 640 N. West Street W. Kent Laughman Food 4 Less #392220 N. Amidon W. Kent Laughman Food 4 Less #401212 S. Woodlawn W. Kent Laughman Food 4 Less #412445 S. Seneca W. Kent Laughman Food 4 Less #426592 E. Central New Operator 1995 (Consumption off Premises) Le Enterprises, L.L.C. Broadway Supermarket1336 N. Broadway Motion -- Broadfoot 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. 1995 Contract maintenance concrete pavement repair of intersections at various locations. (132423) Traffic to be maintained through construction. (Council approval date 12-20-94) (District - all) b. 1995 Contract maintenance asphalt street rejuvenation at various locations. (132266) Traffic to be maintained through construction. (Council approval date 12-20- 94) (District - all) c. Constructing Storm Water Sewer 450, Phase I, to serve Reflection Ridge Commercial Second and Lake Ridge Commercial Additions (along Ridge Road, north of 21st Street). (468-82378/750604/485096) Traffic to be maintained through construction. (Council approval date 03-08-94) (District V) d. Constructing a water distribution system to serve White Tail Addition (south of 13th Street, west of 127th Street East). (448-88767/732396/470317) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 11-30-93) (District n/a) e. Constructing a water distribution system to serve White Tail Addition (south of 13th Street, west of 127th Street East). (448-88768/732487/470326) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 11-30-93) (District n/a) f. Constructing a water distribution system to serve White Tail Addition (south of 13th Street, west of 127th Street East). (448-88769/732495/470327) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 11-30-93) (District n/a) g. Constructing a water distribution system to serve Crest Ridge Addition (east of 127th Street East, north of Central). (448-88869/732503/470328) Does not affect existing traffic. (Council approval date 11-01-94) (District n/a) h. Construction and relocation of a water line along 31st Street South (from K-15 to the Turnpike). (448- 88682/Index Code n/a/544000) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 01-31-95) (District III) i. Improving North Shore Boulevard from the north line of 21st Street North to the north line of Lot 1, Block 1, North Lakes Addition (north of 21st, east of Ridge). (472-82376/762294/490332) Does not affect existing traffic. (Council approval date 09-21-93) (District V) Motion -- Broadfoot moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., February 10, 1995. Motion carried 7 to 0. PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. Constructing Lateral 51, Main 3, Southwest Interceptor Sewer, to serve Vilm Gardens Second Addition (west of Seneca, south of 43rd Street South) - $7,729.05. (468-82409/742080/480300) Does not affect existing traffic. (Council approval date 09-13-94) (District IV) b. Constructing Lateral 33, Main 15, Southwest Interceptor Sewer, to serve Lake Ridge Commercial Second Addition (north of 21st Street, east of Ridge) - $56,000. (468-82427/742197/480311) Does not affect existing traffic. (Council approval date 11-01-94) (District V) c. Constructing a water distribution system to serve Lexington Addition, Phase II (west of Maize, south of Maple) - $73,800.83. (448-88654/732321/470310) Does not affect existing traffic. (Council approval date 01-05-93) (District V) d. Constructing a water distribution system to serve Lake Ridge Commercial Second Addition (north of 21st, east of Ridge) - $24,860.46. (448-88870/732537/470331) Does not affect existing traffic. (Council approval date 11-01-94) (District V) e. McDonald Park Golf Course renovations and drainage improvements project (GC-1) (840 North Yale) - $2,030,000. (Index Code not available) Does not affect existing traffic. (Council approval date 01-10-95) (District I) f. Improving Maybelle from the west line of Taft to the east line of Stoneypoint Circle; Stoneypoint from the east line of Stoneypoint Circle to the west line of Taft; Stoneypoint Circle from the north line of Stoneypoint to and including the cul-de-sac serving Lots 13 through 20, Block 1; Taft Circle from the south line of Taft to and including the cul-de-sac, serving Lots 17 through 24, Block 3, Lexington Addition (west of Maize, south of Maple) - $400,500. (472- 82286/762625/490365) Does not affect existing traffic. (Council approval date 01-05-93) (District V) g. Improving Central Park from the west line of Tyler Road to the west line of Lot 42, Block 2,; Keith from the west line of Lot 42, Block 2, to the north line of Bradford South Addition; four Central Park Courts adjacent to Lots 1 through 10, Block 1, Lots 5 through 16, Block 2, Lots 23 through 31, Block 2, and Lots 32 through 40, Block 2; three Keith Courts adjacent to Lots 42 through 48, Block 2, Lots 1 through 19, Block 3 and Lots 27 through 39, Block 3; and Bellwood from the south line of Central Park to the south line of Bradford South Addition (north of 21st Street, west of Tyler) - $805,600. (472-82479/762856/490388) Does not affect existing traffic. (Council approval date 07-12-94) (District V) h. 1995 Contract maintenance preparatory curb and gutter repair and miscellaneous concrete repair at various locations - $385,200. (132258/112000) Traffic to be carried through construction. (Council approval date 12-20-94) (District - all) Motion -- Broadfoot moved that the preliminary estimates be approved and filed. Motion -- carried carried 7 to 0. STATEMENTS OF COST STATEMENTS OF COST (CHESNEY). a. Constructing an elevated walkway, landscaping and associated improvements to serve the properties on Mosley between First and Second Streets (Keen Kutter) - $56,181. (472-82468/705939/405147) b. Constructing a driveway approach or approaches to serve Lot 2, Block D, South Broadway Gardens Second Addition - $780. (472-82514/762773/450380) c. Constructing a driveway approach or approaches to serve Lot 7, Block C, South Broadway Gardens Second Addition - $698. (472-82520/762781/450381) d. Constructing a driveway approach or approaches to serve Lot 3, Block D, South Broadway Gardens Second Addition - $862. (472-82522/762799/450382) e. Constructing a driveway approach or approaches to serve Lot 4, Block D, South Broadway Gardens Second Addition - $739. (472-82517/762807/450383) f. Constructing a driveway approach or approaches to serve Lot 10, Block D, South Broadway Gardens Second Addition - $1,107. (472-82518/762815/450384) g. Constructing a driveway approach or approaches to serve Lot 1, Block D, South Broadway Gardens Second Addition - $862. (472-82523/762823/450385) h. Constructing a driveway approach or approaches to serve Lot 13, Block C, South Broadway Gardens Second Addition - $862. (472-82521/762831/450386) i. Constructing a driveway approach or approaches to serve Lot 24, Block C, South Broadway Gardens Second Addition - $862. (472-82515/762849/450387) j. Improving Hazel from the east line of Seneca to the west line of Osage in Hankin's Second Addition - $176,552. (472-82309/761742/490277) k. Improving St. Louis from the east line of McComas south to the west line of Sheridan - $257,462. (472- 82369/761999/490302) l. Improving Joann from the south line of Caroline Avenue to the south line of St. Louis Avenue - $44,318. (472-82368/762005/490303) m. Improving 44th Street South, Main Street, Shadyside Avenue and Market Street from the west line of Broadway to the south line of 44th Street South, South Broadway Gardens Second Addition - $315,785. (472-82381/762088/490311) n. Improving St. Louis from the east line of Sheridan to the west line of Mt. Carmel and from the east line of Mt. Carmel to the west line of Custer - $69,300. (472- 82392/762187/490321) o. Improving May from the west line of Lot 28, Block 5, Prairie Park Second Addition to the west line of Carrwood Drive; Crestline from the north line of May to the west line of Carrwood Drive; May Court in Block 6, Prairie Park Second Addition from the north line of May to and including cul- de-sac; and Carrwood Drive from the south line of Prairie Park Second Addition to the south line of Lot 1, Block 5, Prairie Park Second Addition - $249,872. (472-81444/762286/490331) p. Improving Kessler from the north line of St. Louis to the north line of Newell - $66,210. (472- 82424/762310/490334) q. Improving Denene and Denene Court from the north line of Yosemite Drive to the east line of Maize Road in Wilderness at the Park - $128,292. (472-82384/762534/490356) r. Improving Harvest Lane from the west line of Manchester to the west line of Lot 21, Block 1, Huntington Place Third Addition, and Manchester Court from the west line Manchester to and including the cul-de-sac in Huntington Place Third Addition - $213,024. (472-82450/762492/490352) s. Improving Stoneborough from the north line of Lot 34, Block 1, to the south line of Hazel Circle; Hazel from the south line of Hazel Circle to the east line of Lot 51, Block 1, Stoneborough Addition; Stoneborough Court from the east line of Stoneborough to and including the cul-de-sac to serve Lots 22-42, Block 3; Stoneborough Court from the east line of Stoneborough to and including the cul-de-sac to serve Lots 43-49, Block 3; and Hazel Circle from the north line of Stoneborough to and including the cul-de-sac to serve Lots 46- 51, Block 1, Stoneborough Addition - $188,665. (472- 82483/762617/490364) Motion -- Broadfoot moved that the Statements of Cost be received and filed and the City Clerk be instructed to prepare the proposed assessment rolls. Motion carried -- carried 7 to 0. DEDICATIONS/EASEMENTS DEDICATIONS AND EASEMENTS. a. Dedications dated January 11 and January 13, 1995, from Don L. Miller and Orlin E. Ard, Jr., for tracts in Brownies First Addition and Security Storage Properties Addition (Rock Road, north of 13th Street). (Index #705913) (No cost to City) b. Easements dated September 15, September 16, September 20, September 23, October 3, October 12, and October 21, 1994, from Maryann M. Roach, David J. Hughes, Michael W. Carter, David C. Dejong, Gerald D. Kunkle, Judith E. Colburn, William and Lucinda Zimmerman, and William and Patricia Bennett for tracts in Miles Hidden Lakes Estates (Lateral 23, Main 1, Cowskin Interceptor). (Index #741827) (No cost to City) Motion -- Broadfoot 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 Code Standards and Appeals, 1/9/95 Board of Park Commissioners, 1/9/95 CPO North Central 6, 1/11/95 Civil Rights & Services Board, 1/9/95 Convention & Tourism Committee, 12/5/94 Human Services Board, 12/15/94 Wichita Airport Authority, 12/19/94 Wichita Commission on the Status of People with Disabilities, 12/7/94 Wichita Employees' Retirement System, 1/18/95 Wichita Public Library, 1/17/95 Wichita-Sedgwick County Board of Health, 1/12/95 Motion -- carried Broadfoot moved that the Minutes be received and filed. Motion carried 7 to 0. STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USE REQUESTS. There were no closures/uses considered. PROPERTY ACQUISITION ACQUISITION OF VACANT LOTS. a. 1257 North Piatt (Infill Housing Project - District I) (deferred from 1/24/95) Agenda Report No. 95-075. The Infill Housing Project, approved by Council on August 30, 1994, will require the acquisition of vacant lots on which to relocate the houses. Several vacant lots were identified as suitable for the project. The owner of one of these lots has agreed to sell the property to the City. The property is located at 1257 North Piatt and is described as Lots 228-229 Rosenthal's 2nd Addition and is currently owned by Carl L. Stovall. The owner of the lot has agreed to sell the property to the City for $2,900. Funds for the acquisition of 32 lots at an average cost of $3,000 per lot was approved on October 18, 1994. estimated cost for acquisition include $2,900 for the property plus $300 for closing costs, title insurance, survey, and maintenance expenses. Motion -- Broadfoot moved that the budget be approved; and the Purchase Contract be -- carried approved and the Mayor be authorized to sign. Motion carried 7 to 0. b. East of Webb Road on the South Side of Kellogg, East of Webb Road on the south side of Kellogg. (Future East Kellogg Expansion - District II) Agenda Report No. 95-076. A major traffic ordinance declaring East Kellogg a major traffic-way. Current plans for the future expansion of East Kellogg call for widening of Kellogg east of Webb Road to a width of 270 feet. Current right-of-way width is 142 feet. The owners of the tract approximately one-quarter mile east of Webb Road, Edward M. and Michael E. Steven wish to replat their property and are willing to sell and donate that portion of the property needed for the widening of Kellogg. The property to be acquired is not improved. The Steven's have agreed to sell 34,320 square feet to the City for a negotiated value of $111,540 ($3.25 per square foot). In addition, the owners are donating 22,000 square feet for right-of-way as part of the replat. Funds have not been budgeted in the 1995 or 1996 Capital Improvement Programs. Funds should be available in 1997 and the proposed contract is so drafted as to allow for this. A budget of $114,540 is requested for this transaction. This includes $111,540 for acquisition and $3,000 for closing costs, title insurance, survey, etc. Motion -- Broadfoot moved that the budget be approved; and the Purchase Contract be -- carried approved and the Mayor be authorized to sign. Motion carried 7 to 0. BUDGET ADJUSTMENTS BUDGET ADJUSTMENTS (1994 YEAR-END). Agenda Report No. 95-077. Final expenditures have been posted to 1994 budgets. Budget adjustments are needed to accomplish fiscal year-end closing. Three adjustments (exceeding $10,000) require City Council approval in accordance with the City's Administrative Regulations. Following are amounts and descriptions of the budget adjustments: 1. Community Facilities - $20,050 - Century II needed unbudgeted utility moneys because of increased use of electricity, water and gas, associated with increased 1994 activities at the facility. Facility rental receipts will totally offset the increased expenditures. 2. Public Works Department - $15,390 - Increased salary (overtime) expenses were incurred for snow removal December 31, 1994. Money for the expense is available in the snow removal contingency line item. 3. Police Department - $103,600 - A budget adjustment is needed because of overtime expenditures. These increases, in part, resulted from the implementation of Community Police training and to maintain staffing needs attributed to open positions. Because of underexpenditures in various accounts, funding is available within each of the authorized budgets/funds. Appropriated reserves have been maintained (within legal levels and according to sound financial management). Money is available to meet these needs without serious consequence to resources needed for future programs/operations. Compliance with State budget requirements have been met, since all budget adjustments are within funds, and the final 1994 expenditure totals after the budget adjustments will not exceed the legally adopted 1994 expenditure authorizations. Motion -- Broadfoot moved that the 1994 year-end budget adjustments be approved. Motion -- carried carried 7 to 0. WATER TREATMENT PLANT WATER TREATMENT PLANT IMPROVEMENTS - PHASE IIB. a) Change Order #6 Agenda Report No. 95-078. In order to meet the community's high level of summer water demand, and to comply with new federal Environmental Protection Agency (EPA) Safe Drinking Water Act & Amendments (SDWA), the City initiated a water production facilities design study in 1990 with Camp Dresser & McKee Engineering (CDM). The study found that the City could most economically meet its water production needs through 2001 by increasing treated water reservoir storage, rehabilitating and expanding water treatment plant facilities at Sims Park. The City entered into a contract with Dondlinger and Sons Construction Co. on January 19, 1993 to do the final phase of construction work (Phase IIB) to the water treatment plant. The original contract amount was $17,607,600. On October 26, 1993 Council approved Change Order No. 1, which reduced the original contract price by $36,035, to $17,571,565. On June 28, 1994 Council approved Change Order No. 2, which increased the contract amount by $55,819, to $17,627,384, and on September 20, 1994 the Council approved Change Order No. 3, which increased the contract amount by $2,311,340, to $19,938,724. On October 25, 1994 the Council approved Change Order No. 4, which increased the contract amount by $153,646, to $20,092,370. Change Order No. 5, for $5,296, was approved by the City Manager on October 20, 1994. The oldest portions of the treatment plant were built in 1940, and the newest parts of the plant were built in 1957. Therefore, in a project of this magnitude in is not surprising to find conditions, after the project is started, that were not apparent during the design of the project, or that were overlooked when the plans were prepared. Fourteen (14) such alterations are included in this Change Order. Approval of all of these items will increase the project cost by $142,033. These items include: 1) Changes in the controls to the blowers used to backwash the sand filters ($3,305). 2) Relocations at the sludge handling facility ($5,448). 3) Additional sump pumps ($5,954). 4) Carbon Dioxide diffuser wall ($8,139). 5) Replacement of an 8" gate valve in the East Plant sedimentation manhole ($377). 6) Electrical Additions, Part III ($6,572) and Part IV ($792). 7) New water chiller ($35,487). 8) Fiber optic cable to Hess ($4,811). 9) 30" pipeline connection ($786). 10) Pressure gauges and switches ($3,105). 11) Exhaust hood in laboratory ($706). 12) Replacement of trays in the East Plant aerators ($62,000). 13) Transformer for the uninterrupted power supply (UPS) ($5,763). 14) Elimination of insulation on roof drains (-$1,212). Approval of Change Order No. 6 will increase the total contract price by $142,033, and will result in a total revised contract price of $20,239,699. The work included in Change Order No. 3, which was for $2,311,340, is somewhat different than the work included in the original plans, so staff is tracking the costs and funding that Change Order separately from the rest of the Phase IIB project. Change Order No. 3 is funded from W-503, W-504 and W-505, which has available funding of $2,390,000. The rest of the Phase IIB work is funded from W- 115, which has a total allocation of $19,620,000. Change Order #6 is 0.8% of the original contract amount, and the total of Change Orders Nos. 1, 2, 4, 5 and 6 is 1.8% higher than the original contract price, for a total cost of $17,928,337. The total of all six change orders including #3 is 14.9% higher than the original contract price. Motion -- Broadfoot moved that the Change Order be approved and the Mayor be authorized to -- carried sign. Motion carried 7 to 0. b) Change Order #7 Agenda Report No. 95-079. In response to the community's high level of summer water demand, and to meet new federal Environmental Protection Agency (EPA) Safe Drinking Water Act & Amendments (SDWA), the City initiated a water production design study in 1990 with Camp Dresser & McKee Engineering (CDM). The study found that the City could most economically meet its water production needs through 2001 by increasing treated water reservoir storage and performing rehabilitations and expansions to the current water treatment plant facilities at Sims Park. The City entered into a contract with Dondlinger and Sons Construction Co. on January 19, 1993 to do the final construct on work (Phase IIB) to the Water Treatment plant. The original contract amount for this phase was $17,607,600. On October 26, 1993 Council approved Change Order No. 1, which reduced the original contract price by $36,035, to $17,571,565. On June 28, 1994 Council approved Change Order No. 2, which increased the contract amount by $55,819, to $17,627,384, and on September 20, 1994 the Council approved Change Order No. 3, which increased the contract amount by $2,311,340, to $19,938,724. On October 25, 1994 the Council approved Change Order No. 4, which increased the contract amount by $153,646, to $20,092,370. Change Order No. 5, for $5,296, was approved by the City Manager on October 20, 1994. Change Order No. 6, for $142,033, is also on the City Council's current agenda. The proposed Change Order addresses a raw water piping problem that was found as work was being done for Change Order No. 3. Raw water enters the treatment plant via two separate pipelines, a 66" line and a 48" line. These two lines are cross connected by a 48" line, which has one valve in it. Proper operation of this valve is vital in order to keep water from one line from flowing into the other when that line is shut down for maintenance. In order to install new piping associated with the work for Change Order No. 3, this valve must be closed. When staff attempted to do so, it was found that the valve is leaking several hundreds of gallons per minute. In order to repair or replace this valve, both the 60" and 48" lines would have to be shut down. During the time of the repair, the City's only source of water would be the local E & S wells. The local wells may be able to produce up to 30 million gallons per day, but normal water demands this time of year are about 42-45 million gallons per day. Staff believes that those wells, in conjunction with the amount of water in system storage, would be adequate to meet the City's needs for a 24 hour period. However, if for any reason the valve repair or replacement took longer than 24 hours, there would not be enough water available to meet basic needs for the City. (Note: The manufacturer of the existing valve "A" is no longer in business and repair parts are no longer available, so attempting to repair the existing valve is not possible.) An option to replacing the faulty valve would be to install a new 48" valve in that line. In order to install this valve, the 66" line would have to be shut down, but the 48" line would still be in service. That would allow the plant to treat a total of up to 60 million gallons per day, which would be adequate to meet the City's current average water demands. Because of the vital nature of this interconnection line, and of the valves necessary to shut it down, staff believes that it would be prudent to consider having some redundancy in the system at this location. This redundancy would reduce the potential of a pipeline break that would require having both the 48" and 66" lines down in order to make necessary repairs. While the shutdowns discussed earlier would be "planned" shutdowns, and would occur during periods of low demand, a pipeline break may occur at a time that would cause major disruptions in water service. Staff has identified four alternatives for Council to consider: Option 1 - Replace the existing 42" valve with a new valve. While this is apparently the most economical approach it also carries the most risk. If, for any reason, the work can not be completed in a 24 hour period the City would face dramatic disruptions in water service. Staff believes that the risks associated with this option are too high, and it is not recommended. ($17,300.00) Option 2 - Install a new 48" valve. This option would allow adequate flows into the plant to allow it to meet average water demands. ($37,428.00). Option 3 - Install a new 48" valve (Valve B) first, then replace the old valve (Valve A). This option would create some redundancy in the raw water system at one of its most critical locations. If this line could not be shut down because of a valve failure after a break in the 48" line between it and the treatment plant (which has occurred an average of once every 10 years), both pipelines feeding the treatment plant would have to be shut down to fix the leak, which could cause a major disruption in water service. Staff feels that other improvements that will occur in the future may also provide redundancy, so staff believes that installing this redundant valve could be delayed.($54,728). Option 4 - Do not install any new valves at this time, and make the contractor attempt to do the work while the valve is leaking (the do-nothing alternative). This may be possible, but if the contractor starts to make the connection to the 66" line, and is unable to control the water flow, it would require that both raw water supply lines be shut down while they do that work, which carries a high risk of disrupting water service to the city. ($0) Approval of Option 2 for Change Order No. 7 will increase the total contract price by $37,428, and will result in a total revised contract price of $20,277,127. Change Order No. 3 is being funded from W-503, W-504 and W-505, which has available funding of $2,390,000. The rest of the Phase IIB work is funded from W-115, which has a total allocation of $19,620,000. Change Order #7 is 0.2% of the original contract amount, and the total of Changes Orders No. 1, 2, 4, 5, 6 and 7 is 2.0% higher than the original contract price, for a total cost of $17,965,787. The total of all seven Change Orders, including Change Order #3 is 15.2% higher than the original contract price. Motion -- Broadfoot moved that Change Order No. 7 Dondlinger and Sons Construction Co. for an increase in the contract amount of $37,428 be approved and the Mayor be -- carried authorized to sign. Motion carried 7 to 0. STATE OFFICE BUILDING STATE OFFICE BUILDING (CHANGE ORDERS NO. 6 AND 7). (District VI) Agenda Report No. 95-080. On March 16, 1993, the City Council awarded a Contract to Midwest Titan of Olathe, Kansas, to construct the State Office Building. The Contract is for the complete renovation of the former Dillard's building providing 223,000 square feet of office and support space for 950 State employees representing ten State Agencies. The base Contract was in the amount of $10,762,500 which was $540,000 below the original estimate. The base Contract has been amended by Change Orders No. 1 through 5A, as approved by the City Council resulting in a new total Contract of $11,799,418. Of the total Contract amount, the State will pay direct to the Contractor $466,484 for State requested and financed items. Public Building Commission (PBC) Bonds will not be used for these changes. As the construction project progressed, changes required as a result of construction activities and unknown circumstances within the structure were made to the original Plans and Specifications. This will be the last Change Order requiring local Public Building Commission Bonds. Construction changes itemized below and funded by local PBC Bonds are primarily minor changes required to finish the structure which is Change Order No. 6. Changes include the following: Modify the downspout on the walkway. Modify electrical telecommunication outlets in two rooms. Add two control panels to the sump pumps in the elevator shafts to prevent flooding. Change Order No. 7 itemizes changes requested by the State since occupancy of the building. All costs associated with these changes will be paid for by the State direct to the General Contractor. Changes include the following: Changes to the telecommunication system. Install sprinkler head cages and drip pans at all sprinkler heads located in the telecommunication rooms. Delete power poles to coordinate the installation of system furnishings throughout the building. The additional work changes identified in Change Order No. 6 are to be funded with PBC Bonds at a cost increase of $12,344. Public Building Commission Bonds issued for the project are available to finance these changes. Under normal circumstances (since the State is paying for their requested items direct to the Contractor), the City Council would not have to approve Change Order No. 7 for $70,123. However, the City is the governmental unit that has Titan Construction under Contract; therefore, it is necessary to increase the existing Contract between the City and Titan to authorize the expenditures. The total cost of Change Orders No. 6 and 7 will increase the new Contract to $11,860,281 with $536,607 paid directly to the Contractor by the State. The Lease signed by and between the Wichita Public Building Commission and the State of Kansas allows changes to be made to the Construction Contract and authorizes the City Council to approve such changes. Motion -- Broadfoot moved that Change Orders No. 6 and 7 be approved and the Mayor be -- carried authorized to execute. Motion carried 7 to 0. DESIGN AGREEMENTS AGREEMENTS FOR DESIGN SERVICES. a. Lake Ridge Commercial Second Addition (Baughman Company) (District V) Agenda Report No. 95-081. The City Council approved the Lake Ridge Commercial 2nd Addition development on March 8, 1994, and November 1, 1994. The Agreement between the City and Baughman Company provides for the design of Lateral 33, Main 15, Southwest Interceptor; Storm Water Sewer No. 450; and Water Distribution System No. 448-88870 in Lake Ridge Commercial 2nd Addition (north of 21st, east of Ridge). Because Baughman Company provided subdivision engineering services for this addition, it can expedite construction plan preparation. Payment will be on a lump-sum basis not to exceed $12,700 and will be paid by Special Assessments. Motion -- Broadfoot moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. b. Timber Ridge Addition (Baughman Company) (District V) Agenda Report No. 95-082. The City Council approved the Timber Ridge Addition development on January 10, 1995. The Agreement between the City and Baughman Company provides for the design of paving Stoney Point, Westlawn and Stoney Point Court in Timber Ridge Addition (south of 21st, west of Maize). Because Baughman Company provided subdivision engineering services for this addition, it can expedite construction plan preparation. Payment will be on a lump-sum basis not to exceed $12,600 and will be paid by Special Assessments. Motion -- Broadfoot moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. WATSON PARK IMPROVEMENTS TO WATSON PARK. (District III) Agenda Report No. 95-083. The Capital Improvement Program (CIP) provides for the improvements to Watson Park (P-72). The project consists of rebuilding the train and constructing a shelter for the engine as a protection from the weather to preserve the useful life of the train. In addition, a shelter for the pony walker will be constructed to provide shade and protection from the weather for the patron and the pony. The train was purchased in 1966 at a purchase price of $22,640. During the twenty seven years of operation, gross receipts attributed to its operation are $436,779, with minor overhauls during this period. The last three year period averaged gross receipts of $26,000 per year. Without repairs the revenue derived from this operation is lost. Estimated cost to rebuild the train and construct an engine shelter is $60,000. Estimated cost to construct a shelter over the pony walker is $40,000. Funding source is general obligation bonds. Motion -- Broadfoot moved that the project be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-95- 048 A Resolution finding it necessary to make certain improvements to Watson Park and authorizing the issuance of bonds by the City of Wichita at large to finance such improvements, presented. Broadfoot moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. GRANTS RESOLUTION RESOLUTION PERTAINING TO COMMUNITY STRATEGIC PLANNING AND ACTION GRANTS. Agenda Report No. 95-084. During the 1994 Legislative Session, Community Strategic Planning and Action grants were made available to organizations from urban counties for the purpose of encouraging economic development in blighted areas. Prior to 1994, the program administered by the Kansas Department of Commerce and Housing was available only to non-metropolitan counties. Two organizations, Community Development Coalition (CDC) and Sedgwick County Area Non-Profit Community Housing Organization (SANCHO), are submitting applications for planning grant funds. Both organizations have met the local match requirement. The program requires a resolution of support by the governing bodies of both the City and the County for the planning grant applications. Governing bodies are allowed to support both applications. Motion -- Broadfoot moved that the Resolution be adopted and submittal to the Kansas -- carried Department of Commerce and Housing be authorized. Motion carried 7 to 0. RESOLUTION NO. R-95- 049 A Resolution in support of Metropolitan Community Strategic Planning Grant applications, presented. Broadfoot moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. AIRPORT PROJECT CAPITAL PROJECT INITIATION - RETROFIT TERMINAL BUILDING CHILLERS (AIRPORT AUTHORITY). Agenda Report No. 95-085. The project is Retrofit Terminal Building Chillers 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 $37,000. Motion -- carried Broadfoot moved that the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-95- 050 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. Broadfoot moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. IRB - PRESBYTERIAN CITY OF WICHITA REFUNDING AND IMPROVEMENT REVENUE BONDS, SERIES IX-A, IX-B, AND MANOR IX-C, 1990 (PRESBYTERIAN MANOR). Agenda Report No. 95-086. In 1990, the City of Wichita, through a number of interlocal cooperation agreements, issued refunding and improvement revenue bonds to finance or refund previous financing on Presbyterian Manor, Inc. facilities throughout Kansas, including certain facilities in the City of Emporia. As part of the security for repayment of the Bonds, all of the financed facilities were subjected to the lien of the trust indenture, and subjected to certain restrictions on transfer or encumbrances, including easements. However, under the terms of the Lease, it is possible for the City of Wichita to grant or abandon easements under certain conditions, at the request of the Tenant. The Tenant had constructed certain sewer improvements to serve its Emporia facilities, and the City of Emporia expressed a desire to connect to and use those improvements, in exchange for which, the City of Emporia was willing to relieve the Tenant of the burdens of repair and maintenance expenses on the sewer lines at issue. In connection with the arrangement which the Tenant and the City of Emporia seek to implement, the Tenant has requested the City of Wichita to approve a grant of easement on the sewer improvements to the City of Emporia, and also an easement for construction of additional sewer lines by the City of Emporia. The Tenant has advised, and the Tenant and Trustee will certify, that no event of default exists under the Lease. The Tenant will further certify that the granting of the easements will not be detrimental to the proper conduct of the Tenant's business in any manner or degree, and that the granting of the easements will not impair the effective use or interfere with the efficient and economical operation of the Emporia Facility and will not materially adversely affect the security pledged to the payment of the Bonds. The grants of easement requested by the Tenant should result in alleviation of the Tenant's financial burdens with respect to sewer maintenance and repair, and have no adverse impact on the security for the outstanding Bonds. Motion -- Broadfoot moved that the Resolution be adopted and the Mayor be authorized to -- carried sign the necessary documents. Motion carried 7 to 0. RESOLUTION NO. R-95- 051 A Resolution authorizing the City of Wichita, Kansas, to execute and deliver to the City of Emporia, Kansas, certain sewer easements to be given in connection with its issuance of $15,786,147.10 of Health Care Facilities Refunding and Improvement Revenue Bonds, Series IX-A, 1990, Series IX-B, 1990, and Series IX-C, 1990 (Presbyterian Manors, Inc.), presented. Broadfoot moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. ADDENDUM ITEM ICE RINK PROPERTIES PAYMENT OF APPRAISERS' AWARD AND FEES FOR ICE RINK PROPERTY ACQUISITIONS. Agenda Report No. 95-090. On December 22, 1994, an eminent domain action was filed in the District Court to acquire certain properties in connection with the Ice Rink Project. The Court appointed three Appraisers and on January 30, 1994, they filed their award. The Appraisers valued the interests that the City sought to acquire at $191,080.00. In addition to the award, the Court ordered the City to pay each of the three Appraisers the sum of $1,950.00 for fees. Court costs are to be paid by the City in the amount of $66.50. The award of the Appraisers covers five tracts of land. Tract #34 is a duplex which contains approximately 1700 square feet. The appraisers awarded the landowners damages in the amount of $42,780 for this taking. Tract #37 is a six-plex which contains approximately 2200 square feet. The appraisers awarded the landowner damages in the amount of $74,800 for this taking. Tract #47 is a 7,000 square foot lot with an abandoned frame house located on the property which is not fit for habitation. The appraisers awarded the landowner damages in the amount of $13,250 for this taking. Tract #48 is a 7,000 square foot vacant lot. The appraisers awarded the landowner damages in the amount of $15,750 for this taking. Tract #53 is a single-family residence which contains approximately 1200 square feet. The appraisers awarded the landowners damages in the amount of $44,500 for this taking. Acquisition of these five tracts is necessary in connection with the City's planned construction of an Ice Rink., and in order to acquire the tracts it must pay the amount of the appraisers' award, together with fees and costs, to the Clerk of the District Court within 30 days of the date of the award (before March 2, 1995). The cost of these fees, court costs and expenses are to be charged to the project. The amount to be paid to the Clerk of the Court for the award, fees and costs is $196,996.50. In order for the City to acquire these properties it must pay the amount of the award, fees and costs into the Court before March 2, 1995. Motion -- Broadfoot moved that payment to the Clerk of the District Court of the appraisers' award, fees, and related court costs in the total amount of -- carried $196,996.50 be authorized. Motion carried 7 to 0. ADDENDUM ITEM PROPERTY ACQUISITION ACQUISITION OF 511 WEST MENTOR AND 500 SOUTH SYCAMORE BY EMINENT DOMAIN (ICE RINK PROJECT). Agenda Report No. 95-091. The Ice Rink Project, approved by Council on August 30, 1994, will require the acquisition of 55 multi- family, single-family residential & commercial tracts. Two of the properties identified for acquisition for the actual Ice Rink project site are the properties located at 511 W. Mentor and 500 S. Sycamore (Lots 22 and 24, on Sycamore Street, Winne's Addition to Wichita, Sedgwick County, Kansas) and is owned by Perry Wright. Staff entered into negotiations with the owner of these properties and a mutually agreeable sales price of $55,000 was arrived at, but when title insurance was ordered, several major issues were discovered. The property owner, her attorneys, and City Staff have been working to resolve these issues. At this time, it appears that a timely resolution is unlikely and an eminent domain action appears to be the most prudent course of action. The property will be put up for sale to be relocated or be razed. The costs of this action will be paid by the City at large. Motion -- Broadfoot moved that the ordinance providing for the acquisition by eminent domain of property be placed on first reading, and the City Attorney be directed to file the appropriate proceedings in the District Court to accomplish such -- carried acquisition. Motion carried 7 to 0. ORDINANCE An Ordinance providing for the acquisition by eminent domain of certain private property, easements, and right-of-way therein, for the purpose of constructing and maintaining a public ice arena and to be known as the Ice Rink Project in the City of Wichita, Sedgwick County, Kansas; designating the lands required for such purposes and directing the City Attorney to file a petition in the District Court of Sedgwick County, Kansas, for the acquisition of the lands, easements, and access control, therein taken and providing for payment of the cost thereof, introduced and under the rules laid over. ADDENDUM ITEM PROPERTY DISPOSITION SALE OF REHABILITATION INVESTMENT PROGRAM (RIP) PROPERTIES. Agenda Report No. 95-092. The City Council approved the RIP Program on April 6, 1993. In addition to job training and minority business development, the RIP Program rehabilitates homes in the CDBG target neighborhoods and offers them for sale to low- income, first-time home buyers. The first RIP home currently under contract, 1826 North Spruce, is legally described as Lots Seventy-one (71) and Seventy-three (73) on Spruce Avenue, formerly Riddell, Stouts Addition to Wichita, Sedgwick County, Kansas. The second home, 1851 North Minnesota is legally described as Lots 149 and 151, Block 14, Pennsylvania Addition to Wichita, Sedgwick County, Kansas. The RIP Program requires properties to meet or exceed Housing Quality Standards (HQS) as established by HUD. The subject properties have been inspected and exceed these guideline requirements. Both properties have been appraised by a certified appraiser and have appraised for sale price. The net proceeds of the combined sales will return approximately $71,838 to the RIP revolving rehabilitation and acquisition budget. Motion -- Broadfoot moved that the sales be approved and the Mayor be authorized to sign the Corporation Warranty Deeds and Lien Affidavit and Agreements. Motion carried -- carried 7 to 0. ORDINANCES SECOND READING ORDINANCES. (First Reading 1/24/95) Z-3056 ORDINANCE NO. 42-606 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, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. Z-3056 Z-3143 ORDINANCE NO. 42-607 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, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. Z-3143 A 95-1 ORDINANCE NO. 42-608 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. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. A 95-1 A 95-2 ORDINANCE NO. 42-609 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. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. A 95-2 A 95-3 ORDINANCE NO. 42-610 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. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. A 95-3 IRB - TRUE CIRCLE AMENDING ORDINANCE TO CORRECT PROPERTY DESCRIPTION IN IRB LEASE AND INDENTURE FOR TRU-CIRCLE CORPORATION, CITY OF WICHITA INDUSTRIAL REVENUE BONDS, SERIES IV, 1989. Agenda Report No. 95-087. On December 12, 1989, the Wichita City Council approved the issuance of $1,350,000 in Industrial Revenue Bonds, Series IV, 1989 to finance the acquisition of corporate manufacturing facilities at 2424 S. Sheridan for Tru- Circle Corporation (the "Tenant"). At closing, however, an incorrect property description was incorporated into the Bond documents, so that the documents intended to bind the financed property as collateral for repayment of the bonds do not describe the correct property. Sometime in 1992, Bond Counsel apparently detected and corrected the deed transferring the property to the City, and the related U.C.C. financing statements. However, the Schedule I property descriptions in the Lease and Indenture were not corrected at that time. In order to bring the financed property clearly within the granting clauses of the Lease and Indenture under which the Project is to be pledged to help secure repayment of the Bonds, it is necessary and appropriate to amend the Schedule I property January 31, 1995, description to correctly identify the property intended to be subject to the Lease and Indenture. Because the Lease and Indenture (and their respective Schedule I property descriptions) were initially authorized by Ordinance, the proper method of amending them is through the attached amending Ordinance. The amendments authorized by the attached Ordinance will better perfect the rights which the Trustee can exercise for the protection of the Bondholders, and so, are in the best interests of the Trustee and Bondholders. There will be minor expenses associated with publication of the Ordinance. However, these should not exceed the amounts provided for under the Bond documents as annual administrative fees payable by the Tenant, and so, will likely be defrayed in their entirety by the annual administrative fees. As a result of the amendments authorized by the Ordinance, the financial position of the Bondholders, in terms of security for repayment of the Bonds will be corrected to the position intended at the time the Bonds were issued. Motion -- Broadfoot moved that the Ordinance be placed on first reading, and the Mayor be -- carried authorized to sign any necessary documents. Motion carried 7 to 0. ORDINANCE An Ordinance of the City of Wichita, Kansas authorizing execution of a first amended Indenture by and between the City and Bankers Trust Company, Des Moines, Iowa, as Trustee, and authorizing the execution of a First Amended Lease by and between the City and Tru-Circle Corporation, a Kansas Corporation, introduced and under the rules laid over. PLANNING AGENDA Council Member Kamen left the Bench. A-3152 Z-3152 - ZONE CHANGE FROM THE "LC" LIGHT COMMERCIAL DISTRICT TO THE "AA" ONE-FAMILY DWELLING DISTRICT; "LC" LIGHT COMMERCIAL DISTRICT TO "A" TWO-FAMILY DWELLING DISTRICT; AND "AA" ONE- FAMILY DWELLING DISTRICT TO "A" TWO-FAMILY DWELLING DISTRICT, LOCATED NORTHEAST AND NORTHWEST OF THE MAIZE ROAD AND PAWNEE INTERSECTION. (District V) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 95-088. Staff Recommendation: Approve, subject to platting. MAPC Recommendation: Approve, subject to platting. CPO Recommendation: CPO Council Northwest "5" voted 6-0-1 to recommend approval of the request. On December 29, 1994, the MAPC considered zone changes for 12.94 acres located at northwest and northeast of the Maize Road/Pawnee intersection. The subject property is part of a 145.66 acre tract that was annexed by Wichita in November 1994. Two 6-acre "LC" Light Commercial tracts are currently located at the northwest and northeast corners of the intersection. The property owner indicates that the large tract of land will be used for development of 189 single family homes, 72 duplexes, with office and commercial uses at the intersection. The 72 duplex units would be developed on approximately 11.9 acres which is a density of 6.05 units per acre, just slightly over the typical density levels for low density residential development as identified by the Comprehensive Plan (1 to 6 units per acre). The application area is currently undeveloped and used for agricultural purposes. The surrounding area is also mostly agricultural at this time, with developing subdivisions located to the north and west. In 1975, the Board of City Commissioners approved "The Park" Residential Community Unit Plan (DP-66) in area southeast of the Maize Road/Pawnee intersection. This CUP permits the development of 972 single family, single family patio homes, townhouses, and clustered detached dwelling units with an overall density of 8.8 dwelling units per acre. The Pawnee Prairie Park is located to the east. On November 10, 1994, a preliminary plat was approved by the MAPC Subdivision Committee for a portion of the larger 145 acre site. As part of the development for this area, the applicant intends to construct duplex residential homes around and within portions of the tracts currently zoned "LC" at the intersection. Therefore, the applicant requests the following: Proposed Northwest corner Northeast corner zone change of intersection of intersection Total "LC" to "AA" 0.01 acres (450 sf) 1.04 acres 1.05 acres "LC" to "A" 4.19 acres 3.36 acres 7.55 acres "AA" to "A" 3.01 acres 1.33 acres 4.34 acres Total 7.21 acres 5.73 acres 12.94 acres At the MAPC hearing, one property owner spoke in opposition to the request for "A" Two-Family Dwelling District zoning. The citizen expressed concern that duplexes and renters would decrease property values. Motion -- Ferris 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 Planning Department be instructed to forward the Ordinance for first reading when the plat is forwarded to the City Council. Motion carried -- carried 6 to 0. (Kamen absent) (Council Member Kamen present) Z-3151 Z-3151 - ZONE CHANGE FROM THE "AA" ONE-FAMILY DWELLING AND THE "B" MULTIPLE-FAMILY DWELLING DISTRICTS TO THE "LC" LIGHT COMMERCIAL DISTRICT, LOCATED ON THE SOUTH SIDE OF CENTRAL, APPROXIMATELY 1/3 MILE EAST OF WEST STREET. (District IV) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 95-089. MAPC Recommendation: Deny "LC" Light Commercial , and approve "OC" Office Commercial, subject to replatting (10-1). Staff Recommendation: Deny "LC", approve "OC", subject to replatting. CPO Recommendation: CPO Council Southeast "4" voted 4-1 to recommend approval of the "B" Multiple- Family Dwelling District. On December 29, 1994, the MAPC considered a zone change from the "AA" One- Family Dwelling District and "B" Multiple Family Dwelling District to the "LC" Light Commercial District for the north 145 feet of Lot 5, Block 1, Peacock Addition. The property is approximately 0.5 acres in size and is located on the south side of Central, east of West Street (east of West Ridge Drive). At this time, no proposed uses have been identified for the site. The property is developed with a single family home that fronts onto Central. The site is surrounded by a mixture of office and commercial uses to the north, west, and east. An office building and single family homes are located to the west, the southern portion of Lot 5 is undeveloped and zoned "B". Light commercial uses are located to the north and east of the subject property. A lot located northwest of the site is zoned "LC", but undeveloped at this time. Another lot located one block to the west on the south side of Central is zoned "LC", however, occupied by an eye care clinic which would be permitted in the "BB" zoning district. The Comprehensive Plan identifies this area for a mixture of residential and office uses and the Area Treatment Classification Map identifies the area for revitalization efforts. This portion of Central between West Street and Zoo Boulevard is an area that is in transition from residential to nonresidential uses. In November 1993, a speculative "LC" zoning request was filed for a 2.2 acre portion of a platted lot generally located at the southwest corner of Central and Kessler (approximately 2 blocks to the west of the subject property). The MAPC recommended approval of the "LC" zoning request. However, the City Council denied "LC" and approved "OC" Office Commercial zoning in that location, due to a concern for the uses permitted in "LC" and the site's proximity to residential uses. In the current Wichita Zoning Code, "OC" is limited to offices and limited retail and service uses which are considered to be compatible when adjacent to or near residential areas. These uses are generally smaller, have less intense uses or are of such size to be low traffic generators. In the proposed Unified Zoning Code for Wichita and Sedgwick County, the "OC" District would be replaced by the "NR" Neighborhood Retail District. The "NR" District permits a wider range of retail and service uses than "OC", but retains some limitations on larger scale and more intensive uses. The "NR" District would correspond with the "commercial" designation of the Comprehensive Plan. At the CPO and MAPC hearings, area citizens expressed concerns about the proposed rezoning. They noted concerns about increased traffic, the undetermined use of the property, and potential uses in the "LC" district. Marvin Krout Director of Planning said that just this morning the applicant's agent said the applicant would accept the "OC" zoning. Motion -- Reeser 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 to deny the zone change for "LC" zoning and approve a change to "OC" zoning be approved, subject to the condition of platting and other recommended conditions, and the Planning Department be instructed to forward the Ordinance for first reading when the plat is forwarded to the City -- carried Council. Motion carried 7 to 0. (Council Member Kamen absent) EXECUTIVE SESSION Motion -- Broadfoot moved that the Council recess to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to pending litigation, potential litigation, legal advice, and contract negotiations; personnel matters of non-elected personnel; matters relating to employer-employee negotiations; and confidential data relating to financial affairs or trade secrets of a business; and the regular meeting be resumed at 12:30 p.m. Motion carried 6 to 0. (Kamen absent) RECESS Council recessed at 11:20 a.m. and reconvened in regular session at 12:42 p.m. Mayor Broadfoot Mayor Broadfoot announced that no action was necessary as a result of the executive session. (The Council returned to Item 8, New Business, and action is shown in agenda order.) ADJOURNMENT The City Council meeting adjourned at 12:50 p.m. Pat Burnett Deputy City Clerk Workshop: Landfill Reports JOURNAL 157 JANUARY 31, 1995 Page