MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, July 2, 1996 Tuesday, 9:04 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cather, Cole, Ferris, Gale, Kamen, Rogers; present. Chris Cherches, City Manager; Joe Lang, First Assistant City Attorney; Pat Burnett, City Clerk; present. The invocation was given by the Reverend Patt Herdklotz. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. AWARDS AND PRESENTATIONS STUDENT RECOGNITION Elementary Students from Warsaw, Poland, were recognized. PROCLAMATION Mayor Knight presented the Proclamation. AWARD The Association of Metropolitan Sewerage Agencies Gold Award was presented. Graham Family The Graham Family was recognized for their future travel throughout the United States and for the education the Graham family will receive through the travel. Council Member Kamen momentarily absent. PUBLIC AGENDA COMMENTS BY LUCILLE A. SHIFTON, THE ARC OF SEDGWICK COUNTY. Lucille Shifton, Marty Rothwell, Anita Allard, and Mr. Himebaugh reviewed the programs and introduced students from the ARC Program, Stanley Olympic Summer Program, who gave presentations on "What is Beautiful about Wichita." NEW BUSINESS PAVING PETITION PETITION TO PAVE UNIVERSITY COURT NORTH OF UNIVERSITY, WEST OF LEONINE. Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 96-536. The signatures on the petition represent 75% (6 of 9 owners) of the improvement district area. CPO Council 4 considered the petition on June 13, 1996. The Council voted 7-0 to recommend approval of the petition. University Court is one of the last unpaved streets in the area south of Maple and east of West Street. One other section of University remains unpaved. The estimated project cost is $45,000, with the total assessed to the improvement district. The estimated assessment rate to individual properties is $1.06 per square foot of ownership. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Gale moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-96-275 Resolution of findings of advisability and Resolution authorizing improving of University Court (north of University, west of Leonine), Number 472-82737, in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Gale moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. WATER DIST. PETITION PETITION FOR A WATER DISTRIBUTION SYSTEM TO SERVE AN AREA ALONG ARAPAHO BETWEEN TAFT AND MAPLE. (District V) Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 96-537. The signatures on the petition represent 60% (10 of 16 owners) of the improvement district area. CPO Council 5 considered the petition on June 12, 1996. The Council voted 6-0 to recommend approval. The area was developed in the 1950s outside the city limits and served by private water wells. The estimated project cost is $54,000, with $50,000 assessed to the improvement district and $4,000 paid by the water utility. The utility share is for the cost of extending the line past properties adjacent to Maple that previously had access to the existing and public water line in Maple. The proposed method of assessment is the fractional basis. The estimated assessment to individual properties is $3,600 per platted lot. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-96-276 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89058, Maple Lane Addition (south of Maple, east of Ridge) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Ferris moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. DILLONS - LOI LETTER OF INTENT FOR TRANSFER OF DILLONS FACILITY AT 21ST AND OLIVER. Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-538. The Dillon Companies, Inc., owns property at 21st and Oliver in Wichita, Kansas, which has been used since the early 1970s as a grocery store. For the last few years, the company has not been able to keep the operation of the store profitable, and recently closed the facility. The company has expressed a willingness to quitclaim its interest in the property to the City, provided the City will accept it on mutually agreeable terms. Dillons proposes to quitclaim its interest to the City with no representations or warranties of title, and no environmental indemnification. Dillons will, however, allow a period of time (to at least August 2, 1996) for the City to satisfy itself as to the quality of title and the condition of the property, and will allow the City access to install security measures. During the period in which the City is conducting due diligence as to the title and environmental matters, the City will provide security it deems desirable, but nether Dillons nor the City will be responsible to correct or repair any damage caused by theft or vandalism. Dillons will maintain insurance against the type of major structural damage normally covered under the building coverages of a policy insuring against property loss or damage (e.g., fire, hail or storm damage). All costs of title and environmental work are to be the responsibility of the City, and the City will pay the recording costs due for filing its quitclaim deed. Property taxes will be prorated (based on last year's taxes) and Dillons will pay the taxes corresponding to the portion of the year prior to the City's acceptance of an interest in the property. The terms discussed with the company contemplate completion of the City's investigation by August 2, 1996, and final Council action on acceptance of the proposed conveyance on August 6, 1996. The terms proposed by Dillons are reasonable in scope, given that Dillons is effectively passing a valuable property interest to the City at very low cost to the City, and also given that Dillons has allowed the City time to investigate the title to and condition of the property for any latent problems that may exist. The City will incur minor financial costs associated with recording the quitclaim deed, and some additional costs associated with security and management of the property. However, these costs should be substantially outweighed by the value of the property interest the City will receive as a result of the proposed transfer. Any costs required for security and management should be recoverable from the future sale or lease of the property. The Letter of Intent expresses the City's intent to accept the proposed transfer once the conditions have been satisfied. The deed will be quitclaim only, so the City will be relying upon independent title work, rather than any representations by Dillons, as to the scope and extent of any interest that will pass to the City under the deed. The City's interests should be adequately protected in the proposed transaction when the conditions set forth in the letter of intent are met. Council Member Rogers Council Member Rogers said Dillons is to be commended for expediting the gift to the City. This will assist the community in economic development. Lee Kelly Lee Kelly, representing Dillons, said it is hoped the gift will make a difference in the City and the neighborhood. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Rogers moved that the Letter of Intent be approved and the Mayor be authorized to -- carried sign. Motion carried 7 to 0. SOLID WASTE MANAGEMENT PUBLIC COMMENT ON SOLID WASTE MANAGEMENT. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. There was no action taken on this Item. TAX CREDITS APP. APPLICATION FOR HOUSING TAX CREDITS - NORTHROCK COMMONS. (District II) Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-539. Hawthorne, Ltd., has submitted an application to the Kansas Department of Commerce and Housing for an allocation of Low Income Housing Tax Credits in the amount of $377,111 annually for ten years. The proposed project has been named Northrock Commons, commonly described as 8400 E. 29th Street North. A letter of support has been requested from the City by the applicants. Northrock Commons, a proposed "senior community," is to be located at 29th Street North and Penstemon on approximately 9.0 acres. The development will provide 144 rental units for residents who are 55 years of age or older. The development will consist of 39 one- bedroom and 105 two- bedroom units. Of these units, 21 one-bedroom and 58 two- bedroom units will be "Tax Credit" units and offered below market rates. The proposed tax credit rates are $444 and $530 for one- and two-bedroom units, respectfully. The market rate units will be $550 and $700 for one- and two- bedroom units, respectfully. The development budget for the project is $8,956,394. Of this budget, $2,090,716 will come from tax credit proceeds, $6,380,000 will be permanent financing, $125,678 will come from a developer loan, and $360,000 from Sunamerica, an equity partner. The developer is Hawthorne, Ltd., a Scottsdale, Arizona, based real estate, financial services, and development firm. Hawthorne, Ltd., has, as a financial consultant and principal, closed credit facilities which included over $96,000,000 in total annual Low Income Housing Tax Credits. On October 17, 1995, the City of Wichita adopted a resolution establishing policy and procedures for providing City approval and support for applications. The resolution requires that developers notify the City thirty days in advance of needing a letter of support and provide descriptive information about the project. In addition, the developer is required to notify all property owners within 200 feet of the property where the project is located. If the property is located adjacent to the City's limits, the area of notification shall be extended to 1,000 feet in the unincorporated area. Notices are to be delivered to property owners within seven days of the scheduled City Council meeting to give neighbors an opportunity to make their feelings known at or prior to the public hearing. Since announcing the proposed project, Hawthorne, Ltd., has met with businesses and area neighbors to determine the level of interest in the project. They have complied with the requirements of Resolution No. R-95-479 by notifying the City and area property owners, as prescribed. There are a limited amount of tax credits available each year from the State. The competition for such credits grows each year with only a few projects being approved. Therefore, the City Council has been vigilant in how it deals with requests for local support for tax credits. Many projects would not be feasible without tax credits, such as the 21st Street senior housing, and others. Tax credits are seen as a viable financial vehicle to encourage Wichita housing goals to be met. For this reason, the City Council should consider basic policy questions, including: Does this project require tax credits to succeed? Is this type of housing a priority in the City's housing needs? Are there other infill projects more important to the accomplishment of the City's housing goals than the Hawthorne project? If the project does not meet a priority housing need for the City or if it competes for tax credits over a City supported housing goal, then the City Council should not support the issuance of tax credits for this project. The resolution provides that the City Council shall conduct a public hearing upon such requests. The City Council may vote on a motion to support or oppose the application for low income housing tax credits. Council Member Kamen Council Member Kamen stated that the Penstemon Homeowners' Association desired that the Traffic Commission take up placing a traffic light at Greenbriar or Oxford Place. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Mayor Knight Mayor Knight said the City should look at a strategy regarding future use of tax credits. Council Member Cole Council Member Cole said a policy is needed. Tax credits are part of the few incentives for development to be placed where it would not normally occur. The Area at 29th Street North and Penstemon is not in need of development. Council Member Ferris Council Member Ferris stated that there is not much multi-family construction done without tax credits. Evaluation should be done on a proposal basis; there may not be available land in all areas of town; additional commercial development is not desired in the Northrock area; and elderly housing generates fewer trips than other types of development. Karl Peterjohn Karl Peterjohn said he was in favor of lower taxes. Also, Mr. Peterjohn said picking winners and losers is problematic. Council Member Rogers Council Member Rogers stated that he was willing to go along with this request but that the City needs a policy which is more specific. There needs to be an attempt to get an understanding of all parameters in dealing with these matters. Council Member Kamen Council Member Kamen said low income elderly tax credits are almost universally accepted. District II also has need for low income elderly housing. Motion -- Kamen moved that the Council support the issuance of tax credits with no determination in regard to opposing or supporting; that Mr. Paul F. Good be contacted by the Traffic Engineer and there be a Traffic Commission hearing as to whether it is feasible for a traffic light at either Greenbriar or Oxford Place -- withdrawn on Rock Road. Motion, with consent of the second, withdrawn. Motion -- Kamen moved that the application for issuance of tax credits for this project be -- carried approved. Motion carried 6 to 1. Cole - No. Motion -- Kamen moved that the Traffic Commission take up the hearing as to whether a traffic light at either Greenbriar or Oxford Place on Rock Road would be feasible and acceptable. Bill McKinley Traffic Engineer explained that traffic light items are not normally heard by the Traffic Commission. Traffic lights are a legal liability if incorrectly installed. That recommendation is usually left to the Traffic Engineer. Mayor Knight Mayor Knight asked that Council Member Kamen meet with the Traffic Engineer and find a way to consider this matter in a manner which would not violate City Policy. -- withdrawn Motion, with consent of the second, withdrawn. STREET CLOSURE CLOSURE OF ROOSEVELT SOUTH OF KELLOGG AND GLENN AT MCLEAN BOULEVARD. Agenda Report No. 96-540. Bill McKinley Traffic Engineer reviewed the Item. Roosevelt south of Kellogg - On May 14, 1996, the City Council approved the closure of Roosevelt south of Kellogg by a vote of 6-0. Since the area affected did not receive proper notification of the public hearing before the Traffic Commission, this item was referred back to the CPO and Traffic Commission for public hearings. Prior to the CPO and Traffic Commission meetings, staff provided notification to all of the residences in the area from Hillside to Bluff, between Kellogg and Lincoln. On June 10, 1996, CPO Council 2 voted 7-1 to recommend approval of the closure, and on June 19, 1996, the Traffic Commission voted 5-0 to also recommend approval. When the Kellogg/Oliver Interchange is constructed, this street will be permanently closed without access to Kellogg. Closing of the street will reduce the accident potential along Kellogg, but will require expenditure of funds to temporarily sign and barricade the street. The estimated cost to install the temporary barricades by the City's Traffic Maintenance section is $1,500. The work would be performed without any increase in the budget. Council Member Ferris Council Member Ferris said he could not support spending $1,500 to close a street which will be closed soon anyway. Bill McKinley Traffic Engineer stated that it is hoped to let a contract right after the first of the year. The normal procedure would be to allow the contractor determine when the street would be closed. If the contract is let at the first of the year, there is going to be some lead time before construction can start. Traffic would probably be increased on Bluff, a collector street. Council Member Ferris Council Member Ferris said traffic sometimes waits through two lights to get onto Kellogg. There are many connecting streets, and the City should take care responding to petitions to close streets. Mayor Knight Mayor Knight said there is a danger to children when people cut through streets. The side should be with safety over convenience. Motion -- Kamen moved that the closure of Roosevelt, south of Kellogg, be approved. Motion -- carried carried 6 to 1. Ferris - No. Glenn at McLean Boulevard - A petition representing 82% of the residents in the 400 and 500 blocks of North Glenn was submitted in support of closing Glenn at McLean Boulevard. When the McLean Boulevard project was previously discussed and approved by the City Council, the Council indicated it would look with favor on closing residential streets south of McLean Boulevard with a majority petition from the street affected. Although McLean Boulevard is under construction at this time, construction of the intersection at Glenn has been held in abeyance, pending approval or denial of the closure request. On June 19, 1996, the Traffic Commission voted 5-0 to recommend the closure. This closure will affect only a two-block area of Glenn from McLean Boulevard to 3rd Street. The plans can be revised to close the street similar to Sedgwick, St. Clair and Millwood, which were previously approved. The closure could be done within the contract of McLean Boulevard with no additional cost. Mayor Knight left the Bench; Vice Mayor Cather in the Chair. Motion -- Cole moved that the June 19, 1996, Traffic Commission minutes be received and filed; and the closure of Glenn at McLean Boulevard be approved. Motion carried -- carried 6 to 0. (Knight absent) Mayor Knight present and in the Chair. CONDEMNATIONS REPAIR OR REMOVAL OF DANGEROUS AND UNSAFE STRUCTURES. Deb Legge Central Inspection stated that no one had indicated a desire to speak on any of the properties in question. Agenda Report No. 96-424 A. The matter of a public hearing on Condemnation of Structures appeared on the Agenda. On May 21, 1996, a report was submitted with respect to the dangerous and unsafe condition of the buildings located on the described properties. On that date, Resolutions were adopted providing for public hearings to be held on each of these condemnation actions at 11:00 a.m., July 2, 1996, and directing that Notices of Public Hearing be given. The Resolutions were duly published on May 22, 1996, and May 29, 1996. A copy of the Resolution was sent by certified mail or was delivered by personal service to the owners and lienholders of record of each described property. The Board of Housing Standards and Appeals (BHSA) had previously reviewed each of the properties up for hearing today. (1) 1061 1/2 Ohio (District I) (2) 311 West Skinner (District III) (3) 1836 South Glenn (District IV) Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the public hearing be closed, the resolutions declaring the building(s) dangerous and unsafe structures be adopted, the staff recommended time frame to alleviate the findings be approved and any extensions of time granted to repair the structures would be conditioned on the following: (1) any back taxes now due are to be paid and taxes kept current, (2) the structures are to be kept secured, and (3) the premises are to be kept mowed and free of debris; if any of these conditions are not met, staff is directed to proceed to let for bids to demolish the structure; and the City Clerk be instructed to have the Resolution published once in the official city paper and advise the owners of -- carried these findings. Motion carried 7 to 0. RESOLUTION NO. R-96-277 A Resolution finding that the structure located on odd Lots 41 through 47, inclusive, in Wabash Addition to Wichita, Sedgwick County, Kansas, commonly known as 1061 ½ Ohio, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96-278 A Resolution finding that the structure located on the east 55 feet of Lots 145 and 147, on Waco Avenue, in English's Eighth Addition to Wichita, Sedgwick County, Kansas, commonly known as 311 West Skinner, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96-279 A Resolution finding that the structure located on Lots 28, 30, and 32, Block 9, Whitlock's Replat of Orchard Grove Addition to Wichita, Sedgwick County, Kansas, commonly known as 1836 South Glenn, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. EMERGENCY DISASTER ORDINANCE AUTHORIZING EMERGENCY DISASTER RELIEF TO OTHER JURISDICTIONS. Joe Lang First Assistant City Attorney reviewed the Item. Agenda Report No. 96-541. In the 1994 legislative session, the Kansas Legislature enacted a measure, now codified at K.S.A 1995 Supp. 12-16,117 to allow individual cities and counties to pass local legislation specifically authorizing emergency disaster relief to other jurisdictions, independent of any multi-state compact or interlocal agreement. The chief advantage in adopting an emergency assistance ordinance under K.S.A. 12-16,117 is that it will provide authority to go to the assistance of other jurisdictions (either within or outside Kansas) to provide emergency relief, whether or not there is an existing interstate compact or interlocal cooperation agreement in place covering the stricken jurisdiction, and without the delays that the City would encounter in attempting to put such a compact or agreement in place. The emergency assistance ordinance will entail no costs beyond the general costs of enacting and publishing the ordinance, and the mailing of copies to the County Emergency Management Department and the Division of Emergency Preparedness in the Kansas Adjutant General's Office. There will be additional costs in instances where the City actually provides emergency relief under the ordinance, but the City will be able to control such costs in determining whether and to what extent relief efforts should be undertaken in given future circumstances. The ordinance includes a reference to K.S.A. 1995 Supp. 12-16,117 and any similar successor statute, so that the ordinance will not necessarily become "unauthorized" if the current authorizing statute is amended, renumbered, or replaced. Adoption and implementation of the ordinance will provide advance legal authority for interjurisdictional relief efforts, but will impose no affirmative obligation on the City to undertake such relief efforts in any particular circumstances. Council Members Ferris and Kamen left the Bench. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cather moved that the Ordinance be placed on first reading. Motion carried -- carried 5 to 0. (Ferris, Kamen; absent) ORDINANCE An Ordinance establishing a policy of the City of Wichita to provide assistance to other jurisdictions both within and without the State during disaster, introduced and under the rules laid over. Council Member Kamen present. ORDINANCES ORDINANCES REFLECTING CHANGES IN STATE LAW EFFECTIVE JULY 1, 1996. Joe Lang First Assistant City Attorney reviewed the Item. (a) Ordinance Amendments Pertaining to Domestic Violence. Agenda Report No. 96-542. The 1996 Kansas Legislature passed Senate Bill #674 which amended several criminal statutes, including criminal trespass. The amendment set for a mandatory minimum sentence for persons committing a criminal trespass which involves the violation of domestic protective or restraining orders. The proposed ordinance amendment mirrors the language of the new state law, which goes into effect on July 1, 1996. The proposed amendment to Section 5.66.050 is necessary to bring the city's ordinance into conformity with state law regarding the mandatory penalty. It provides that upon conviction of a criminal trespass involving the violation of a domestic restraining or protective order, a person must be sentenced to not less than 48 consecutive hours of imprisonment. The 48 hours must be served before or as a condition of any grant of probation, suspension or reduction in sentence. Since the state legislature has determined there should be mandatory minimum sentences for this crime, the City's ordinance cannot be more lenient, and must provide for the same minimum penalty. Council Member Ferris present. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cather moved that 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 7 to 0. ORDINANCE NO. 43-157 An Ordinance amending Section 5.66.050 of the Code of the City of Wichita, Kansas, pertaining to criminal trespass and repealing the original of said Section. Cather 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 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. (b) Amendment to Ordinance on Driver's Licenses. This Item was removed from the Agenda. CITY COUNCIL AGENDA LEO MEMBERSHIP SDA IV LOCAL ELECTED OFFICIALS BOARD MEMBERSHIP. Agenda Report No. 96-544. The Job Training Partnership Act (JTPA) provides funds to states to establish programs which prepare youth and adults for entry into the labor force. Under JTPA each state is divided into Service Delivery Areas (SDAs). The City of Wichita is in SDA IV which is comprised of the counties of Butler, Cowley, Sumner, Harper, Kingman and Sedgwick. Within each SDA a governing structure is established between Local Elected Officials (LEOs), who are represented by a LEO Board in SDA IV, and private and public sector representatives who are appointed to a Private Industry Council. This governing structure is responsible for policy, program development, and oversight of JTPA programs generated within the SDA. The Local Elected Officials Agreement of SDA IV codifies the framework and responsibilities of the LEO Board for this area. The current LEO Agreement expires on June 30, 1996, and the 1996-98 LEO Agreement, approved by the Council at its May 7, 1996, meeting, takes effect on July 1, 1996, and runs through June 30, 1998. Both agreements specify the LEO Board shall include in its five members the Mayor of the City of Wichita and two representatives from the Wichita City Council. Mayor Bob Knight and Council members Joan Cole and George Rogers are currently serving as LEO Board members. Council member Bill Cather is currently serving as a LEO Board alternate. The 1996-98 LEO Agreement specifies the City of Wichita Mayor as an automatic member of the LEO Board unless he designates another elected member of the Wichita City Council to assume those responsibilities. The Agreement also states the Wichita City Council shall select two additional City Council members to serve as members on the LEO Board and allows the Council to select two alternates to the LEO Board. The LEO Agreement does not establish a maximum that Council members may serve on the LEO Board. Therefore, the Council may extend the LEO membership(s) of Joan Cole and/or George Rogers or it may select new LEO Board member(s). The Council may also extend Bill Cather as a LEO Board alternate and select one additional alternate or it may select up to two new LEO Board alternates. The selection of LEO Board members obligates no general fund moneys. The 1996-98 LEO Agreement was approved by the Council at its May 7, 1996 meeting. Motion -- Knight moved that Mayor Knight, and Council Members Gale and Cole be designated to serve on the LEO Board, and Council Member Cather be designated as an -- carried alternate. Motion, with consent of the second, withdrawn. Motion -- Knight moved that Mayor Knight, and Council Members Gale and Cather be designated to serve on the LEO Board, and Council Member Ferris be designated as an -- carried alternate. Motion carried 7 to 0. APPOINTMENTS APPOINTMENT TO CIVIL RIGHTS AND SERVICES BOARD. One appointment (Cole) for a term to expire June 30, 1997. Motion -- carried Cole moved that this Item be deferred two weeks. Motion carried 7 to 0. APPOINTMENTS TO COMMISSION ON THE STATUS OF PEOPLE WITH DISABILITIES. Three appointments (Rogers-2, Kamen), for terms expiring June 30, 1997. Motion -- Rogers appointed Susan Cook and Hank Blase and moved that the appointments be -- carried approved. Motion carried 7 to 0. Motion -- Kamen appointed Sandy Medley and moved that the appointment be approved. Motion -- carried carried 7 to 0. APPOINTMENT TO PUBLIC ART ADVISORY BOARD. One appointment (Council at-large), for a term expiring June 30, 1997. Motion -- Cather appointed Virginia DeVore and moved that the appointment be approved. -- carried Motion carried 7 to 0. PROCLAMATION PROCLAMATION. -- Project Redirectory Month Motion -- carried Knight moved that the proclamation be authorized. Motion carried 7 to 0. CONSENT AGENDA Knight moved that the Consent Agenda, except Items 27 and 31, be approved in accordance with the recommended action shown thereon. Motion carried 7 to 0. BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED JULY 1, 1996. At 10:00 a.m., Friday, June 28, 1996, pursuant to advertisements published, bids were received, publicly opened, read aloud and tabulated for the Board of Bids and Contracts: (Ref: Bid analysis report attached to Board of Bids Minutes July 1, 1996) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Sanitary sewer reconstruction in 27th Street North from Volutsia to Hillside (south of 29th Street North, west of Hillside). (468-82608/621342/533245) Does not affect existing traffic. (Council approval date 07-18-95) (District I) Nowak Construction - $19,220.00 Sanitary Sewer from 18th St. North to 100 ft. north of 19th St. North to serve Viola Addition alley between Mead & Mosley. (468-82572/621250/533236) Closed to traffic. (Council approval date 07/18/95) (District IV) WB Carter Construction Co. Inc. - $58,469.00 Phase I - 21st Street median improvement as part of Ridge Road improvements from 21st Street North to 29th Street North, Lake Ridge Commercial 2nd Addition . (472- 82735/706382/405192) Traffic to be maintained through construction. (Council approval date 06-18-96) (District V) Ritchie Paving - $20,913.00 Water Distribution System to serve Florence Addition (50th Street Soutn, east of Broadway). (448- 88008/732891/470367) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 01-22-85) (District IV) WB Carter Construction Co., Inc. - $18,631.00 Lateral 68, Main 22, War Industries Sewer to serve Bradley Fair 2nd Addition (south of 21st, east of Webb). (468-82600/742759/480367) Does not affect existing traffic. (Council approval date 05-21-96) (District II) WB Carter Construction Co., Inc. - $21,031.00 Lateral 75, Main 1, Sanitary Sewer #12 (Oliver & 9th St. North). (468-82482/621110/533215) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 07/18/95) (District I) WB Carter Construction Co., Inc. - $166,466.00 Knight moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign for the City. Motion carried 7 to 0. WATER & SEWER DEPARTMENT/PRODUCTION & PUMPING DIVISION: FIVE (5) EACH HIGH SERVICE PUMPS AS PER SPECIFICATIONS Patterson Pump Company - $410,000.00 PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS DIVISION: STREET SWEEPERS (130807-4611) AS PER SPECIFICATIONS Item #1 - Key Equipment & Supply Co. - Total Net Bid - $177,900.00 ($88,950.00 per each) Option 1 - Trade - In Allowance - Deduct $65,900.00 Option 2 - $3,600.00 - Per Each (Alternate Bid) PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS DIVISION: LATTICE BOOM TRUCK CRANE (130807-4611) AS PER SPECIFICATIONS Murphy Tractor & Equipment Company - $223,469.00 (Total Net Base Bid) Option 1 - $4,571.00 (Lump Sum) Option 3 _ $2,978.00 (Lump Sum) Option 4 - $1,576.00 (Lump Sum) Option 5 - $6,000.00 (Lump Sum - Deduct) PARK & RECREATION DEPARTMENT: PLAYGROUND EQUIPMENT KIWANIS PARK (785477-4602) AS PER SPECIFICATIONS Group I - Fry & Associates - $6,587.00 (Total Net Bid) Group II - Iron Mountain Forge/Rec. Resource Inc. - $3,953.25 (Total Net Bid) Group III - Riggs Recreation Equipment - $972.00 (Total Net Bid) HEALTH DEPARTMENT/PERSONAL HEALTH: LAB TEST AND COLLECTION KITS (141069) AS PER SPECIFICATIONS Gen-Probe Inc. Item 1 $ 40.00 Per Package (Plus Freight) Item 2 $ 40.00 Per Package (Plus Freight) Item 3 $215.00 Per Kit (Plus Freight) Item 4 $140.00 Per Kit (Plus Freight) Item 5 $ 25.00 Per Kit (Plus Freight) Item 6 $ N/C Per Package (Plus Freight) Item 7 $ 30.00 Per Kit (Plus Freight) Item 8 $ 30.00 Per Kit (Plus Freight) Item 9 $ 50.00 Per Kit (Plus Freight) Item 10 $ 50.00 Per Kit (Plus Freight) CENTRAL INSPECTION/NEIGHBORHOOD IMPROVEMENT: LABOR, MATERIAL AND EQUIPMENT FOR BASEMENT FOOTING, WALLS, AND FLOOR AT THE FOLLOWING LOCATIONS (129205 & 616946) AS PER SPECIFICATIONS Barkley Construction Total Group I - $13,400.00 Total Group II - $13,900.00 PUBLIC WORKS/STORM WATER MANAGEMENT: PURCHASE TRAILER (133116-4507) AS PER SPECIFICATIONS Larry's Trailer Service - $12,527.92 (Total Net Bid) Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid. Motion carried 7 to 0. LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1996 (Consumption on Premises) Larry L. Wolf Lenora's 1528 S. Washington (Consumption off Premises) Ralph McGuire Dillon Store #168828 W. 13th Ralph McGuire Dillon Store #653211 S. Seneca Ralph McGuire Dillon Store #4910222 W. 21st. Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 7 to 0. PLANS AND SPECS. PLANS AND SPECIFICATIONS. a. Parking lot, access road, sidewalk and related activities in Edgemoor Park. Access to parking lot should be maintained until September 9, 1996. (Council approval date 01/23/96) (District II) (472-82671/785519/440-082) b. Paving Tippecanoe Avenue from the west line of Tyler to 150 feet east of Callahan in Callahan Addition. Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 12/05/95) (District V) (472-82660/763508/490-453) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., July 12, 1996. Motion carried 7 to 0. SUBDIVISION PLANS AND SPECIFICATIONS. c. Water Distribution System to serve Woodland Place Addition (south of Central, west of 159th Street East). Does not affect existing traffic. (Council approval date 06-11- 96) (District n/a) (448-89055/733337/470-411) d. Lateral 90, Sanitary Sewer #23 to serve Crigler Addition (north of 21st, east of Hillside). Does not affect existing traffic. (Council approval date 03-26-96) (District 1) (468-82582/742742/480-366) e. Lateral 123, Westlink Sewer to serve Bradford North Addition (west of Tyler, south of 29th Street North). Does not affect existing traffic. (Council approval date 06-11-96) (District 5) (468-82566/742767/480-368) f. Storm Water Drain #121 to serve Lark 3rd Addition (south of Kellogg, east of 119th Street West). Does not affect existing traffic. (Council approval date 05-21-96) (District 5) (468-82613/750802/485-116) g. Crestline from the north line of Pawnee to the south line of Prairie Woods including the eyebrow serving Lots 55 through 58, Block 1, and the eyebrow serving Lots 16 through 19 inclusive, Block 3; and a sidewalk along the east side of Crestline from the north line of Maize Road to the south line of Prairie Woods in Prairie Woods Addition (north of Pawnee, east of Maize). Does not affect existing traffic. (Council approval date 03-21-95) (District 5) (472- 82564/763805/490-483) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., July 12, 1996. Motion carried 7 to 0. PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. Lateral 5, Main 16, Southwest Interceptor Sewer to serve Horseshoe Lake & Cox Machine Addition (north of 21st, east of Ridge) - $117,600.00. Does not affect existing traffic. (Council approval date 04-23-96) (District V) (468-82597/742700/480-362) b. Water Distribution System to serve Horseshoe Lake Addition (north of 21st, east of Ridge) - $75,000.00. Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 04-23-96) (District V) (448-89031/733154/470-393) c. Water Distribution System to serve Horseshoe Lake & Cox Machine Addition (north of 21st, east of Ridge) - $64,000.00. Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 04-23-96) (District V) (448-89032/733162/470-394) d. Water Distribution System to serve Meadow Oaks Second Addition (south of 29th Street North, west of Woodlawn) - $58,800.00. Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 02-13-96) (District I) (448-89010/733204/470-398) e. Water Distribution System to serve Meadows Oaks Third Addition (south of 29th Street North, west of Woodlawn) - $31,500.00. Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 02-13-96) (District I) (448-89011/733212/470-399) f. Lighthouse Cove from the east line of Shore Boulevard to the east line of North Shore Boulevard in Horseshoe Lake Addition (north of 21st, east of Ridge) - $320,250.00. Does not affect existing traffic. (Council approval date 04-23- 96) (District V) (472-82711/763599/490-462) g. Lakeway Circle from the north line of 21st Street North to and including the cul-de-sac Horseshoe Lake & Cox Machine Addition (north of 21st, east of Ridge) - $141,750.00. Does not affect existing traffic. (Council approval date 04-23-96) (District V) (472-82712/763607/490-463) Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 7 to 0. STATEMENTS OF COST STATEMENTS OF COST (CHESNEY). a. Decel lane along the north side of 21st Street North - $128,192.00. (472-81891/762583/490-361) b. West Street Court from the west line of West Street - $214,824.00. (472-82574/763060/490-409) c. Timbercreek Courts from the north line of Timbercreek Circle - $199,303.00. (472-82491/763078/490-410) d. Sand Plum from 21st Street north to the west line of North Shore - $366,226.00. (472-82351/763177/490-420) e. Cedar Park from the north line of Central Avenue North to Hickory - $440,907.40. (472-82589/763227/490- 425) f. Tee Time from the north line of 29th Street North - $145,460.00. (472-82318/763235/490-426) g. Shadow Lakes from the west line of Lot 25, Block 3 - $202,696.00. (472-82319/763243/490-427) h. Concrete sidewalk along both sides of Cedar Park and Hickory from Central Avenue - $44,916.00. (472- 82650/763466/490-449) Motion -- Knight moved that the Statements of Cost be received and filed and the proposed -- carried assessment rolls be prepared. Motion carried 7 to 0. SIDEWALK PETITION PETITION FOR SIDEWALKS ON BOTH SIDES OF 53RD STREET SOUTH, WEST OF MIDLAND. (District IV) Agenda Report. The signature on the petition represents 100% of the improvement district. The project will complete the sidewalk system in Robbins Farm 2nd Addition, a new single family neighborhood. The project budget is $17,000. The funding source is Special Assessments. Motion -- Knight moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-96-280 Resolution of findings of advisability and Resolution authorizing constructing sidewalk along both sides of 53rd Street South from the north line of Lot 1, Block 3, to Midland Avenue, Project No. 472-82719 (north of 55th Street South, west of Broadway) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. BOARDS MINUTES MINUTES OF ADVISORY BOARDS. Board of Code Standards and Appeals , 6/3/96 Civil Rights and Services, 6/17/96 CPO Northeast Council 1, 6/10/96 CPO Southeast Council 3, 6/13/96 CPO Southwest Council 4, 6/13/96 CPO Coordinating Board, 6/5/96 Wichita Commission on the Status of Women, 6/5/96 Wichita Public Building Commission, 3/20/96; 3/20/96 Wichita/Sedgwick County Board, of Health, 6/6/96 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 7 to 0. EASEMENTS/PERMIT EASEMENTS AND WATER RESOURCES PERMIT. a. Easement dated June 11, 1996, from Robert Wilson for a tract in Bradley Fair Addition (Lateral 68, Main 22, War Industries Sewer, Index #742759) (no cost to City). b. Easement dated April 22, 1996, from Everett Long for a tract in Graf-Goldston Addition (Lateral 120, Westlink Sewer, Index #742783) (no cost to City). c. Easement dated May 28, 1996, from Jay Russell for a tract in Bradford North Addition (Lateral 128, Westlink Sewer, Index #742767) (no cost to City). d. Easement dated May 3, 1996, from Bernie Trachtman for a tract in Florence Addition (Private Project, Index #732891) (no cost to City). Has been filed and recorded. e. Eight Water Resources Permits dated June 18, 1996, from Division of Water Resources (McLean, Meridian to Seneca, Index #705897) (no cost to City). Motion -- Knight moved that the documents be received and filed and the City Clerk be -- carried instructed to record with the Register of Deeds. Motion carried 7 to 0. STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. Agenda Report No. 96-546. In accordance with Special Event Procedures, event sponsors are to notify adjacent property owners and coordinate arrangements with Staff, subject to final approval by City Council. The following Special Event requests have been submitted: 1) Our Lady of Perpetual Help Carnival/Festival Date of Event: Wednesday, July 3 through Sunday, July 7, 1996 Location: 23rd and Market Street Closures: Market Street, 23rd to 24th Streets 2) Celebrate '96 Date of event: July 4, 1996 (8 a.m. - 11 p.m.) Location: Downtown Street Closures: McLean Boulevard, Douglas to Lewis Lewis/Maple, Sycamore to Lewis Street Bridge Bike Paths, north of Hotel construction to Lewis Bridge (both sides of river) 3) BG Products 25th Anniversary Celebration Date of event: Friday, July 12, 1996 (1 - 4 p.m.) Location: 701 South Wichita Street Closures: 700 Block of South Wichita Inasmuch as possible, event sponsors are responsible for all costs associated with special events. Motion -- Knight moved that the requests be approved subject to: (1) Event Sponsor notifying every property and/or business adjoining any portion of the closed street; (2) coordination of event arrangements with City Staff; (3) hiring off-duty public safety officers as required by the Police Department; (4) obtaining barricades to close the streets in accordance with requirements of Police, Fire and Public Works Departments; (5) submitting a certificate of insurance evidencing general liability insurance which covers the event and its related activities, including the naming of the City as an additional insured with respect to the event's use of the closed City streets. Motion carried -- carried 7 to 0. NAFTZGER PARK DESIGN SERVICES FOR NAFTZGER PARK. (District VI) Agenda Report No. 96-547. On January 30, 1996, the City Council approved the design and construction of improvements to Naftzger Park. On May 8, 1996, the Staff Screening and Selection Committee selected Reiss & Goodness Engineers to design the improvements. This project is included in the 1996 Capital Improvement Program (CIP No. P-45). The project consists of installing landscaping, paths and park furniture in the undeveloped southeast corner of the park. Payment to Reiss & Goodness Engineers will be made on a lump sum basis not to exceed $11,500. The funding source is General Obligation Bonds. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. GRAF-GOLDSTON AGMT. DESIGN SERVICES FOR GRAF-GOLDSTON SECOND ADDITION. (District V) Agenda Report No. 96-548. The City Council approved the Graf-Goldston 2nd Addition development on May 21, 1996. The Agreement between the City and Savoy, Ruggles & Bohm, P.A. (SRB) provides for the design of Lateral 120, Westlink Sewer; Water Distribution System No. 448-88966; Water Distribution System No. 448-88967; Water Distribution System No. 448-88968; Water Distribution System No. 448-89030, and paving Bella Vista, Bella Vista Court, and 19th Street Circle (south of 21st, east of Maize). Because SRB provided subdivision engineering services for this addition, it can expedite construction plan preparation. Payment will be on a lump-sum basis not to exceed $29,500 and will be paid by Special Assessments. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. K-15 RESURFACING STREET RESURFACING PROJECT ON K-15 FROM THE SOUTH CITY LIMITS OF WICHITA TO I-135. (District III) Agenda Report No. 96-549. The Kansas Department of Transportation (KDOT) has available a KLINK program for cities which have highway connecting links within their city limits. The KLINK program is intended for resurfacing improvements on the connecting links which are maintained by the cities. KDOT has advised the City of Wichita that KLINK fiscal year 1997 funds in the amount of $100,000 have been allocated for a resurfacing project on K-15 from the south city limits of Wichita to I-135. The Agreement provides that KDOT will reimburse the City in the amount of 50 percent of the approved construction cost, including construction engineering and contingencies, but not to exceed a maximum of $100,000 as KDOT's total share of the cost to construct the resurfacing project. The project will be initially funded with Gas Tax funds in the Street Maintenance budget. Upon completion of the project, 50 percent of the costs, up to the $100,000 maximum, will be reimbursed to the City by KDOT. K-15 will remain open to traffic through construction, with traffic limited to one lane in each direction. Work on this project will be coordinated with the current project to reconstruct 31st Street from K-15 to the Kansas Turnpike. Depending on weather and construction progress on 31st Street, it is contemplated that both projects will be completed this fall. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. LINCOLN CONSTRUCTION LINCOLN AND EDGEMOOR & LINCOLN AND WOODLAWN CONSTRUCTION. (District II and III) Agenda Report No. 96-550. On January 9, 1996, the City Council approved including the intersections of Lincoln and Edgemoor and Lincoln and Woodlawn as part of the 1996 Intersection Reconstruction Program (CIP #MS-412). The projects consist of installing left-turn lanes, upgrading traffic signals and landscaping. The project budget for the 1996 Intersection Reconstruction Program is $2,800,000. The estimated cost for the work covered under the Agreement for Lincoln and Woodlawn is $680,000. The estimated cost for the work covered under the Agreement for Lincoln and Edgemoor is $600,000. KDOT will pay 90 percent of the cost of construction and construction engineering. The City's share will be paid by General Obligation Bonds authorized by Ordinance No. 42-985. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. SPECIALS RESPREAD RESPREAD SPECIAL ASSESSMENTS IN HORSESHOE LAKE ADDITION (NORTH OF 21ST STREET, EAST OF RIDGE ROAD). (District V) Agenda Report No. 96-551. The developer, Ritchie Associates, Inc., platted an addition called Horseshoe Lake Addition, and has submitted an Agreement to respread Special Assessments in the Addition. The land was originally included in numerous improvement districts for a number of public improvement projects. The purpose of the Agreement is to respread Special Assessments on an equal share basis for each lot. Without the Agreement, the assessments will be spread on a square foot basis. The Agreement will save the City time in recalculating Special Assessments for each newly platted lot and will equalize the assessments for each lot, making it easier for the developer to market the lots. There is no cost to the City. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. SERVICES CONTRACT CONTRACT FOR PROFESSIONAL SERVICES. ITEM NO. 27. Chris Cherches City Manager asked that this Item be withdrawn for placement on a future Agenda. Motion -- carried Ferris moved that this Item be withdrawn. Motion carried 7 to 0. GREENWICH ROAD IMPR. DESIGN OF GREENWICH ROAD IMPROVEMENTS BETWEEN KELLOGG AND CENTRAL. (District II) Agenda Report No. 96-553. The Raytheon (formerly Beech) Aircraft Company has requested that Greenwich Road be upgraded to accommodate the rapid expansion of the plant located on the east side of Wichita. The south half mile is inside the City limits of Wichita. The County has agreed to participate on a 50 percent County - 50 percent City basis. Greenwich Road is a two-lane asphalt mat street that was built by the County. The improvement will provide four through lanes and center left-turn lanes. The Raytheon plant is on the west side of Greenwich. Mixed commercial and residential lies to the east. The estimated design cost is $140,000, with $70,000 paid by the City and $70,000 paid by the County. The funding source for the City's share is General Obligation Bonds. Funding for the City's share is available from anticipated construction underexpenditures in the McLean Boulevard project from Meridian to Seneca. It is proposed that the construction cost be reprogrammed into the next CIP that is developed. Motion -- Knight moved that the design project be approved and the Ordinance be placed on -- carried first reading. Motion carried 7 to 0. ORDINANCE An Ordinance declaring Greenwich Road, from Kellogg to Central Avenue (472-82738), to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, introduced and under the rules laid over. PROPERTY ACQUISITION ACQUISITION OF A PORTION OF PROPERTY LOCATED AT 10310 WINDEMERE COURT FOR THE K-96 BICYCLE PATH PROJECT. (District II) Agenda Report No. 96-554. The K-96 Bicycle Path, approved by the City Council on March 19, 1996, requires the partial acquisition of part of the property located at 10310 Windemere Court. This tract is owned by Deepak and Reena Mullick. The property is more accurately described in the tract map and legal description. The subject tract contains approximately 133 square feet. Due to the small size of the takings, the estimated value of the properties are minimal. The property owner has agreed to sell the property to the City of Wichita for $700. The 1994 Capital Improvement Program includes $552,000 to acquire the necessary right-of-way for the project and construct the improvements. The funding source is General Obligation Bonds. The budget of $800 includes $700 for acquisition and $100 for closing costs, as well as title insurance. Property Management has been requested to purchase one more tract for the project. Motion -- Knight moved that the budget and the Contract be approved; and the Mayor be -- carried authorized to sign the necessary documents. PROPERTY DISPOSITION PROPERTY DISPOSITION - SALE OF CITY-OWNED PARCEL AT 602 WEST MAPLE. Agenda Report No. 96-555. As part of the Sycamore/Maple Intersection Improvement project, the City acquired the property located at 602 W. Maple and legally described as Lots 1, 2 and 5 in Slaven's Addition to Wichita, Sedgwick County, Kansas. The parcel is located at the Northwest corner of Maple and Sycamore. When the property was acquired in 1995, it consisted of 10,000 square feet and was improved with 6,250 square foot steel frame building. The property was purchased for $96,500 or approximately $9.65 per square foot. The intersection project utilized approximately 1,250 square feet of the site taking and required the closing of all access onto Maple and Sycamore. The lot is zoned E-Light industrial. The purchaser proposes to utilize the building as a storage facility for inventory from their door company. The property has been circulated to the various City departments for review at surplus, and no comments have been received. The purchaser has offered to pay $50,000 for the property. This amounts to $5.71 per square foot. Similarly zoned property acquired for the Science Center site appraised for and was acquired at between $4.25 and $4.75 per square foot. Estimates of value from Realtors have put the offer price at the top end of the value range. Without parking and with only alley access, the property is suitable only for storage. The small site size and lack of access preclude demolition and redevelopment. Gross sales proceeds will be $50,000. Closing costs will be shared 50% by buyer and 50% by seller. In addition, the City will be responsible for a 6% real estate com- mission. Putting this property back on the property tax rolls at the purchase price would provided approximately $1,400 of general property taxes with the City's share being approximately $400. Motion -- Knight moved that the disposition be approved and the Mayor be authorized to sign -- carried the necessary documents. Motion carried 7 to 0. PROPERTY LEASE LEASE OF TWO CITY-OWNED LOTS AT 1257 AND 1307 NORTH PIATT. (District I) ITEM NO. 31. Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-556. The City has two lots located at 1257 and 1307 N. Piatt which were acquired as part of past City projects. These projects have been completed ant the lots are no longer required. Individuals representing the George Washington Carver Community Gardens Project have approached the City about utilizing these lots as neighborhood gardens. Both parcels are 50 feet by 140 feet and are undeveloped. The lessees have secured permission from the property owner immediately South of 1257 N. Piatt to utilize this lot as well. The lessee calls for nominal rent. The lessee will be responsible for all aspects of maintaining the lot including mowing, refuse removal, signage, etc. The lessee will vacate the property upon notice that the property is required for public purpose. The City is currently responsible for maintenance of these lots. The lessee will take over this responsibility, saving approximately $60 per lot per year. If a long term use or a buyer is identified for the lots, the lease can be canceled in a relatively short time. Motion -- Knight moved that the Lease be approved and the Mayor be authorized to -- carried execute the necessary documents. Motion carried 7 to 0. BONDS/NOTE SALE NOTICE GENERAL OBLIGATION TEMPORARY NOTE SALE (SERIES 188 & 189); GENERAL OBLIGATION BOND SALE (SERIES 744 & 745). Agenda Report No. 96-557. The City is planning to offer for sale two series of general obligation temporary notes totaling $31,150,000 and two series of general obligation bonds totaling $24,270,000, for the purpose of providing temporary and permanent financing for capital improvement projects of the City. The public sale of the bonds and notes is scheduled for 10:30 a.m. on July 23, 1996, at which time sealed bids will be opened and the City Council will award the sale of each series of bonds and notes to the bidders whose proposed interest rates result in the lowest overall cost to the City. The City's Summer 1996 general obligation bond and note sale includes the following issues: "Tax-exempt Notes" The Series 188 Temporary Improvement and Renewal Notes qualify for tax exemption under the federal internal revenue code. Proceeds from the sale of the Series 188 Notes will be used to finance various City-at-large and improvement district projects, as follows: Project Category Total Metropolitan Transit Authority $ 1,500,000 Storm Water Drainage 674,000 Gilbert & Mosley Groundwater 750,000 Neighborhood Improvements - Water 1,170,000 Neighborhood Improvements - Sewers 1,298,000 Neighborhood Improvements - Paving 7,095,000 Neighborhood Improvements - Storm Sewer 1,863,000 TOTAL SERIES 188 NOTES $14,350,000 "Taxable Notes" The proceeds from the sale of the Series 189 Taxable General Obligation Improvement Temporary Notes will be used to fund construction costs associated with the East Bank Convention Hotel Development Agreement, specifically the Hyatt Regency Convention Hotel, the Century II Conference Center and the East Bank Parking Garage. Securities issued by the City for this project are subject to federal income taxation due to the public-private nature of the project. Project costs being temporarily financed by this Taxable Note issue are: Hyatt Regency Convention Hotel $10,500,000 Century II Conference Center 3,000,000 East Bank Parking Garage 3,300,000 TOTAL SERIES 189 TAXABLE NOTES $16,800,000 "Special Assessment Bonds" The proceeds from the sale of the Series 744 Bonds will be used to permanently finance various neighborhood improvements located in special improvement districts. Special assessments have been levied against the property owners in the improvement districts for the purpose of paying all or a portion of the costs of such improvements, including the payment of principal and interest on the Series 744 Bonds. The Special Assessment Bonds will be issued in the par amount of $11,525,000. "City-At-Large Bonds" The proceeds from the sale of the Series 745 Bonds will be used to permanently finance certain City-at-large projects, including arterial streets, traffic engineering, bridges, public improvements and buildings, park improvements, golf course improvements and neighborhood paving projects. The City-at-large Bonds will be issued in the total par amount of $12,745,000. The Series 188 and 189 Temporary Notes will both mature on February 27, 1997 and will be retired using a combination of the proceeds of permanent financing bonds and renewal notes and cash. The Series 744 Special Assessment Bonds will mature serially over 15 years with principal maturities structured to produce level annual payments of principal and interest. The Series 744 Bonds are payable from the collection of special assessments levied against benefited properties, and if not so paid, from city-wide ad valorem taxes. The Special Assessment Bonds will be callable in 2003 (after seven years) with a 1% call premium. The Series 745 City-at-large Bonds will mature serially over 10 years in equal principal amounts and will be paid as to principal and interest primarily from city-wide ad valorem tax revenues and user fees. The Series 745 Bonds will be callable in 2001 (after five years) with a 1% call premium. A Resolution authorizing the sale of the two series of temporary notes and the two series of bonds, approving the Preliminary Official Statement and directing the publication and distribution of Notices of Bond and Note Sale, has been prepared as required by law. Motion -- Knight moved that the Bond Sale Resolution be adopted and 10:30 a.m., Tuesday, July 23, 1996 be set for the opening of bids, with the award before the City -- carried Council at 11:30 a.m. on that date. Motion carried 7 to 0. RESOLUTION NO. R-96-281 A Resolution of the City of Wichita, Kansas, authorizing and providing for the public sale of General Obligation Renewal and Improvement Temporary Notes, Series 188, Taxable General Obligation Improvement Temporary Notes, Series 189, and General Obligation Bonds, Series 744 and Series 745 of the City; and providing for the giving of notice of the public sale, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. ORDINANCES SECOND READING ORDINANCES. (First Reading 6/25/95) ORDINANCE NO. 43-158 S.A. - Lot Clean Up An Ordinance making a special assessment to pay for the cost of abating certain public health nuisances (Lot Clean Up) under the provision of Section 7.40.050 of the Code of the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. ORDINANCE NO. 43-159 S.A. - Sidewalk Const. An Ordinance making a special assessment to pay for the improvement of and providing a tax levy for the cost of construction of sidewalks in the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. ORDINANCE NO. 43-160 Public Bid Requirement An Ordinance of the City of Wichita, Kansas, implementing the provisions of Section 4 of Charter Ordinance No. 111, as amended by Charter Ordinance No. 158, pertaining to public bid requirements, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. ORDINANCE NO. 43-161 A 96-14 An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. A 96-14 ORDINANCE NO. 43-162 A 96-15 An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. A 96-15 PLANNING AGENDA V-1963 V-1963 - REQUEST TO VACATE A PORTION OF A BUILDING SETBACK AND STREET RIGHT-OF-WAY LOCATED IN THE AREA OF 35TH STREET SOUTH AND DUGAN ROAD. Agenda Report No. 96-558. Staff Recommendation: Approve vacation of building setback. MAPC Recommendation: Approve vacation of building setback. Vacation - outside city limits. Motion -- Knight moved that vacation be approved. Motion carried -- carried 7 to 0. V-1973 V-1973 - REQUEST TO VACATE A PORTION OF A UTILITY EASEMENT LOCATED IN AN AREA SOUTH OF 13TH STREET NORTH AND WEST OF 127TH STREET EAST. Agenda Report No. 96-559. Staff Recommendation: Approve vacation of the utility easement. MAPC Recommendation: Approve vacation of the utility easement. Vacation outside city limits. Motion -- Kamen moved that the vacation be approved. Motion carried -- carried 7 to 0. Z-3203 Z-3203 - ZONE CHANGE REQUEST FROM 'SF-6' SINGLE FAMILY DISTRICT TO 'B' MULTI-FAMILY DISTRICT; AND DP-192 AMENDMENT #1 - APPROVAL OF THE TALLGRASS EAST BUSINESS PARK COMMERCIAL CUP; AND DP-163 AMENDMENT #2 - APPROVAL OF TALLGRASS RESIDENTIAL CUP AMENDMENTS. (District II) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 96-560. MAPC Recommendation: Approve, subject to conditions (11-1). Staff Recommendation: Approve, subject to conditions. CPO Recommendation: Approve (7-0). The applicant requests a zone change for 19 acres from 'SF-6' Single-Family Residential to 'B' Multi-Family Residential with associated Community Unit Plan (CUP) amendments, located in an area east of Webb Road and south of K- 96. The application area for the zoning change is currently undeveloped. The area is currently characterized by the Kansas Surgery and Recovery Center located on parcel 1 of the revised DP-192 CUP, and single-family subdivisions to the south beyond the power line easement and west across Webb. The property is bordered by K-96 highway to the north and east. Colonel James Jabara Airport is located just north of the application area beyond K-96 . The requested amendment would remove parcel 1 from Tallgrass Residential CUP (DP-163) and add it to the Tallgrass East Business Park Commercial CUP (DP-192), thereby creating three new parcels in DP-192. The combined acreage in the amended DP-192 would total 52.2 net acres. Currently, DP-192 has 2 parcels totaling 26.03 acres, while DP-163 contains 10 parcels totaling 157.4 net acres. Parcel 1 of DP-163 contains 26.9 acres and eventually allows the development of up to 450 apartment units. The approval of this request would reduce the number of dwelling units to 250 assisted living units. The amended DP-192 shows development occurring on 52.2 net acres divided among 4 parcels ranging in size from 14.7 to 8.8 acres, and one 9.8 acre parcel as drainage/open space. The Kansas Surgery and Recovery Center has been developed on parcel 1 of DP-192. Proposed uses for parcel 2 include: offices, health and fitness club, medical services, nursing home, assisted living, retirement community, pharmacy, rehabilitation hospital, business or commercial, school, laundry, day care center, church, bike path, and all other uses similar in character and intensity. Parcel 1 of DP-163 will be converted into parcels 3, 4, and 5 of DP-192. Parcel 3 is the reserve, while the proposed uses for parcels 4 and 5 include: medical services, assisted living, church, day care center, rehabilitation hospital, convalescent care facility, and all other uses similar in character and intensity. During the Planning Commission's discussion of this matter, questions concerning the uses allowed in the revised DP-192 CUP were asked by area residents. The public voiced their concerns over the inclusion of the phrase "and all other uses similar in character and intensity" in the list of proposed uses for Parcels 4 and 5. They also requested that the use of "rehabilitation hospital" exclude drug, alcohol, and psychiatric treatment facilities. The applicant revised the list of proposed uses as requested by the neighborhood, and also requested that the masonry wall requirement be waived. After discussion, the MAPC voted (11-1) to approve the request as recommended by staff. The maximum gross floor area permitted by the amended DP-192 is 554,177 square feet. Parcel 2 could be developed with as many as 5 buildings, while parcel 4 is allowed up to 135 assisted living units and parcel 5 is allowed up to 115 assisted living units. All buildings within each parcel will have consistent architectural design and exterior building materials. Other issues addressed by the development plan include: parking, lighting, screening of roof top equipment and trash receptacles, landscape buffers, access control, and street improvements. Secondary access to DP-192 is to be provided along the northern boundary of the CUP. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Kamen moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC be approved, subject to the recommended conditions, and the Ordinance be placed on first reading. Motion carried -- carried 7 to 0. ORDINANCE An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, introduced and under the rules laid over. Z-3203 EXECUTIVE SESSION Motion -- Knight moved that the Council recess to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to pending litigation, legal advice, and contract negotiations, and matters relating to employer-employee negotiations; and the regular meeting be resumed at 12:30 p.m. in the City Council Chambers. Motion -- carried carried 7 to 0. RECESS Council recessed at 11:22 a.m. and reconvened in regular session at 12:35 p.m. Mayor Knight Mayor Knight announced that no action was necessary as a result of the executive session. ADJOURNMENT The City Council meeting adjourned at 12:35 p.m. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 161 JULY 2, 1996 Page