MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, February 6, 1996 Tuesday, 9:07 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; Gary Rebenstorf, Director of Law; Patricia L. Burnett, Deputy City Clerk; present. The invocation was given by Linda Munhall, Baha'I Faith. 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 30, 1996, were -- approved approved 7 to 0. AWARDS AND PRESENTATIONS The Sister Cities Delegation from Kaifeng, China, was recognized. Mayor Knight and Sedgwick County Commissioner Winters presented the "Pride of the City" Award to Flight Safety International. PROCLAMATIONS Mayor Knight presented the Proclamations previously approved. CITY-COUNTY RELATIONS TOM WINTERS, CHAIRMAN, COUNTY COMMISSION. Tom Winters Tom Winters, Sedgwick County Commission Chairman, said, "I really do believe that we have an opportunity to create our own preferred future; a future that will assure our children and grand children that they will be living in a community that has been developed by the very best ideas coming forward that are possible. "We need to continue to build on our mutual strengths. I believe there are many, many ways we can continue to be partners and, in fact, Council Person Joan Cole and our Chair Pro Tem Melody Miller have just recently have just recently announced the unified effort to try to tackle the issue of houses that persons who are released from our adult detention facility are living in. I am confident that they can direct us and lead us to some answers that will help us solve this problem. "And, again, Friday and Saturday of this week we will have another opportunity - they are very important dates for this community - the Wichita Assembly is a time for concerned individuals to bring their thoughts and ideas to the table concerning solid waste. I am confident that some new ways of thinking can come out of discussions such as this; and I would hope that this would be the first of many issues that we can tackle in a unified approach. We won't always agree. There will be times when we will be frustrated with each other but I believe we must keep talking and communicating - especially on the tough issues. "I do want to touch just briefly on a current issue that we are dealing with, and that is our adult detention facility and the expansion of that facility. Just as a brief update, our environs review of the design of the facility will be presented to the local Historic Preservation Board next week and the following week to the state Historic Preservation Office. I want to assure you, and confirm to you, that the Black Historical Society and our design team are working very closely on this part of the project and I am confident that we have developed a design and a plan that both the Society and the County will be pleased with. "As an aside issue, as I admired your parking garage and look at it and think about the day that construction starts for our jail and we lose parking spaces, if with your new garage - if there are any available spaces that we could rent or borrow from you through our construction stage, we would certainly appreciate that consideration. "As a schedule for the construction of the jail, hopefully, construction will begin this September and, hopefully, the facility will be open in the Spring of 1998. "Thank you for allowing me to be on your agenda today. I do sincerely believe that working together we can come up with better solutions to our problems that we ever would by working alone." PUBLIC AGENDA COMMENTS BY S. EDWARDS DISMUKE, M.D., THE UNIVERSITY OF KANSAS MEDICAL CENTER. Edwards Dismuke Edwards Dismuke, M.D., professor and chairman, Preventative Medicine, The University of Kansas Medical Center School of Medicine - Wichita, updated the City Council on the progress of the Community Health Assessment Project (CHAP), a joint effort of the KU School of Medicine-Wichita, Wichita State University and the Wichita/Sedgwick County Department of Community Health. The on-going effort is the first broad health- needs assessment ever conducted in the area and was created to gauge the overall health of Wichita and Sedgwick County and to develop plans for intervention. COMMENTS BY PEARL T. LONG, OPERATION CLOTHESLINE. Pearl T. Long Pearl T. Long, Operation Clothesline, explained that Operation Clothesline has no resources to keep its doors open and needs both a building and money. The current space at 1502 East Central will be leased to the adjoining business. Operation Clothesline needs between $45,000 to $50,000. Ms. Long said Sedgwick County felt like the City should pay their part. "We're all the County people, even the people here in the City. But that's what they told us - we need to come to the City Council for help - just like they have helped us." Operation Clothesline receives in-kind donations from Wichita and surrounding towns (sometimes even from Salina). Patrons are charged $2 per month and can shop, at no additional charge, three times per month for the entire family. Mayor Knight Mayor Knight explained that the City has had to form a grants committee to review requests. A request will have to be prepared to be considered along with all other requests by a committee which reviews the requests and makes recommendations to the City Council. In order that there not be a "red tape" barrier for Operations Clothesline, Mayor Knight asked that the City Manager assign a staff person to guide Ms. Long through the process. Council Member Cole Council Member Cole said, as one person, "Whenever I, as a City Council person, look at a request that the County should given an amount and then the City should match it - what that really accomplishes is that the residents in the City of Wichita give twice because about 74 percent of the County's revenues come from the City of Wichita. So, when I hear that kind of request, that is something that is very meaningful to me. Why should the citizens of Wichita be constantly asked in two fashions - as a resident of the County of Sedgwick, and as a resident of the City of Wichita." Motion -- Knight moved that the rules be set aside and Item No. 7 be taken up out of order. -- carried Motion carried 7 to 0. (The Council moved to Item No. 7; action is shown in agenda order.) Council Members Cole, Ferris; left the Bench. Council Member Rogers momentarily absent. UNFINISHED BUSINESS CITIZEN PARTICIPATION PUBLIC HEARING: AMENDMENT TO CITIZEN PARTICIPATION PLAN. Chris Cherches City Manager reviewed the Item. Agenda Report No. 95-1075 B. The current Citizen Participation Plan provides for a Grants Review Committee to review and make comments or recommendations on the proposed Consolidated Plan funding applications. The Committee is presently comprised of eleven members representing CPO Councils, Human Service Board, and the CPO Coordinating Committee. On December 22, 1995, the City Council took action to expand the Committee and involve representatives from various funding organizations, including: United Way, Sedgwick County, Wichita Public Schools and the Wichita State University. The required thirty day public comment period to amend the Citizen Participation Plan was initiated December 22, 1995, and closed January 26, 1996. To broaden the membership of the Grants Review Committee, the following membership is proposed: Representatives from: Director of United Way Office (1) County Manager's Office (1) School Superintendent's Office (1) Wichita State President's Office (1) Neighborhoods: Wichita Independent Neighborhood (1) Citizen Participation: Representative from each CPO Council (6) Human Services: Representatives from Human Service Bd.(2) The above composition will total thirteen (13) representatives. Even though this number presents a larger review group than currently exists, it is still workable and ensures that sufficient numbers are present to represent both funding organizations as well as citizen involvement groups. If approved, an early work session will be held with the Grants Review Committee membership to orient them to the proposed program, allocation reservations and HUD and City guidelines. The Grants Review Committee is to provide funding recommendations for City Council consideration. The City Council is scheduled to make 1996-97 Consolidated Plan funding allocations on March 19, 1996. The City Council's December 22, 1995, action was to have the Grants Review Committee review all applications for funding, including both the City planned allocation projects/programs and the applications for specific programs and activities identified by the City Council's Consolidated Plan Priority Needs listing. As in the l995-96 Plan, a funding reservation of not to exceed ten (10) percent will be granted for non-City agencies by funding categories in capital projects, housing and public services. Requests for Proposals will be solicited for priority need projects. An amendment to the Citizen Participation Plan is required to expand the Grants Review Committee. A thirty day comment period has been provided and a public hearing is required before final adoption. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Kamen moved that the public hearing be closed and the Citizen Participation Plan -- carried amendment be approved. Motion carried 5 to 0. (Cole, Ferris; absent) SANITARY SEWER MANHOLES REPORT/SUPPLEMENTAL AGREEMENT PERTAINING TO RAISING SANITARY SEWER MANHOLES. Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-020 A. On February 15, 1994, the City Council approved an agreement with George Butler Associates, Inc. (GBA) to study, make recommendations and prepare specifications for proposed maintenance work and improvements to the sanitary sewer system. The work involved the adjustment of manholes that have, over the years, become buried as a result of regrading of lots or landscaping of property. To provide the engineering and inspection required for the program, a Supplemental Agreement with GBA is proposed. The current City staff workload does not allow sufficient time or expertise to administer the contract. On January 9, 1996, the City Council deferred action on the contract amendment pending a report from Staff on the importance of the project and process to meet concerns of buried manholes. In 1994, the City implemented a program to identify and locate all sewer line components on an automated mapping and facilities management system. Manholes are a major and necessary part of the sanitary sewer system because they allow for proper maintenance, operation and evaluation of sewer lines. Reasonable access to the manholes is necessary (for maintenance) if the City is to provide a sewer system with reliable operation. When manholes are buried and not easily accessible, the result will be inadequate maintenance to prevent sewer stoppages and costly delays in responding and opening sewer stoppages. Such problems often increase property damage and create unnecessary health risks and environmental damage. In the overall Sewer Master Plan, it was proposed that the City's maintenance program be expanded to include not only replacement of old and deteriorated piping, but that the sewer be cleaned on a program basis. As part of the recommended maintenance plan, it was proposed that all manholes be adjusted for more immediate visibility, access and cleaning opportunities. A program was developed to implement this expanded maintenance program, targeting the most frequent sewer stoppage areas. In the Phase I study area, engineers identified approximately 2,810 manholes. Of these, 266 (approximately 10%) were found to be buried and non-accessible. In the Phase II study area, 4,750 manholes were identified, with 1,325 (approximately 30%) found buried. In some areas of the City, Staff has found more than 50% of the manholes buried. Since the City implemented its preventive maintenance program, the impact of increased maintenance on stoppages has been dramatic with the total number of reported stoppages being reduced from 700+ in 1992 to 450 in 1995. The more recently implemented programs of: (1) requiring grease interceptors on new and problem grease discharges; and (2) addition of equipment for increased treating of roots in the sewer lines are expected to further reduce stoppages. Without access to sewer manholes, these programs may be ineffective. In l994, Sewer Maintenance crews uncovered and raised some 655 manholes to specified grade. In 1995, an additional 592 were adjusted. To further improve the sewer system and reduce the costly sewer system problems, the program to continue exposing/adjusting buried manholes is planned. Supplementing Staff efforts by contracting the adjustment of manholes will be necessary to accomplish the recommended improvement plan. Initially, 31 manholes in a localized area were bid to give contractors experience with the program's risks and requirements. Another project (with approximately 150 manholes) to adjust is being prepared for contracting out to local contractors. To inform and educate the community where the manhole maintenance program is underway (or planned), Staff has presented information to the CPOs explaining the need and impact of such a program. Additionally, before beginning work, City Staff or the contractor, will leave information at the door for all properties in the designated area. This information will notify the property owner of what will be done and how to obtain more information. Where problems or concerns have been expressed by property owners, Staff will work to offer options and give consideration to citizen concerns. Staff is sensitive to the concerns of property owners where manholes are to be adjusted. Even though most of the manholes are in designated utility easements or streets/alleys, to ensure that the program is understood and resident concerns are responded to, a special effort will be developed to mediate and resolve any disputes that may arise and assure proper workmanship is given to each location that might be impacted. Payment to GBA for the number of days allowed in the construction contract will be on a lump sum basis not to exceed $12,000. Payment to GBA for each additional day ($500 per day) inspection services are required will be on a per diem basis not exceed $5,000. The funding source is Sewer Utility, CIP Project S-4, with a budget authority for this project of $90,000. David Warren Director of Water and Sewer, responding to questions, said that while there are a few privately owned and maintained manholes on private property, these are not a part of the City's system as far as maintenance is concerned. Persons who have manholes on easements should call the Water/Sewer Department if the manholes need to be elevated - preferably requests and adjustments would be made before landscaping is done. Motion -- Rogers moved that the Supp. Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 5 to 0. (Cole, Ferris; absent) NEW BUSINESS IRB - RITCHIE PUBLIC HEARING AND ISSUANCE OF INDUSTRIAL REVENUE REFUNDING BONDS - RITCHIE LAND AND BUILDING COMPANY. (District II) Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-080. On September 24,1985, the Council approved the issuance of Industrial Revenue Bonds in an amount of $1 million on behalf of Ritchie Enterprises to finance the construction of an office building located in the Tallgrass Office park at 8100 East 22nd Street North. The building was used primarily to house the Ritchie Enterprises corporate offices. On March 1, 1987, Ritchie Enterprises and Ritchie Corporation became general partners in a newly formed general partnership called Ritchie Land and Buildings Company and assigned the IRB lease for the 1985 bonds to this entity. On October 31, 1995, the City Council approved a contract for installment sale of the IRB property to S.F. Hotel Company, L.P., subject to the subordination of the buyer's equitable interest in the property to the City and the IRBs. The refunding bonds will replace the 1985 bonds which are being redeemed with the proceeds of this refunding bond issue. Ritchie Land and Buildings Company agrees to pay all costs of issuing the bonds and to pay the City's annual administrative fee for the term of the bonds. There is no tax abatement involved. The bond ordinance also approves the assignment of lease from Ritchie Enterprises to Ritchie Land and Buildings Company since this assignment was not previously approved by the City. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Rogers moved that the public hearing be closed; the bond documents be approved and the Mayor be authorized to sign; and the Bond Ordinance be placed on first -- carried reading. Motion carried 5 to 0. (Cole, Ferris; absent) ORDINANCE An Ordinance authorizing the City of Wichita, Kansas to issue its Industrial Refunding Revenue Bonds, Series II, 1996 (Ritchie Land and Building Company) in the aggregate principal amount of $995,000 for the purpose of refunding certain outstanding City of Wichita, Kansas, Industrial Revenue Bonds; authorizing execution of a trust indenture by and between the City and Intrust Bank, N.A., Wichita, Kansas, as trustee; authorizing the City to lease the subject facility to Ritchie Land and Building Company; authorizing the execution of a Bond Purchase Agreement by and between the City, Ritchie Land and Building Company, and Cooper Malone McClain, Inc., as purchaser of the bonds; approving the form of the guaranty agreement by and between Ritchie Land and Building Company, as guarantor, and Intrust Bank, N.A., Wichita, Kansas, as trustee, introduced and under the rules laid over. (Item No. 7) (Council Member Ferris present) NINTH STREET PAVING PAVING NINTH STREET FROM TYLER ROAD TO 200' EAST OF TYLER ROAD. (District V) Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 96-081. On January 2, 1996, the City Council adopted a Notice of Hearing Resolution setting February 6, 1996, as the hearing date for paving 9th Street from Tyler to 200' east of Tyler. On January 10, 1996, CPO Council 5 considered the project. The Council voted 8-1 in favor of the street paving but that the cost be paid by street maintenance funds rather than special assessments. 9th Street east of Tyler is an old asphalt mat street that was likely built as a township road prior to annexation by the City. The substandard pavement has a poor driving surface and is difficult to maintain. 9th is one of only two access streets to Tyler from the east for the entire mile long stretch from Central to 13th. The estimated project cost is $10,000. The funding source is Special Assessments. The method of assessment is the square foot basis. The estimated rate of assessment is $00.07 per square foot of ownership. Kansas Statute 12-6a06 provides that, as a connecting link, the City Council has the authority to order in the project without being subject to a legal protest. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Council Member Ferris Council Member Ferris said curb and gutter does not make any sense as it would be far too expensive. The residents will submit a fifty percent petition which will block the project. Motion -- carried Ferris moved that the project not be authorized. Motion carried 7 to 0. Council Member Ferris absent. UNIVERSITY PAVING PETITION TO PAVE UNIVERSITY FROM KESSLER TO KNIGHT. (District IV) Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 96-082. The signatures on the petition represent 57% (12 of 22 owners) of the improvement district area. CPO Council 4 considered the petition on January 11, 1996. The Council voted 6-0 to recommend approval of the petition. This segment of University 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, as does University Court. The estimated project cost is $68,000, with $54,000 assessed to the improvement district and $14,000 paid by the City. The City's share is for the cost of intersection paving. The assessment rate to individual properties is $00.25 per square foot of ownership. Mayor Knight left the Bench; Vice Mayor Kamen in the Chair. Vice Mayor Kamen Vice Mayor Kamen inquired if anyone wished to be heard and no one appeared. Council Member Gale Council Member Gale stated that, at the CPO meeting, there were no speakers either for or against the project. Mayor Knight present; Vice Mayor Kamen presiding. Motion -- Gale moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 5 to 0. (Cole, Ferris; absent) RESOLUTION NO. R-96-035 Resolution of findings of advisability and Resolution authorizing improving of University from Kessler to Knight Project No. 472-82683 (south of Maple, east of West Street) 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 5 to 0. (Cole, Ferris; absent) Yeas: Cather, Gale, Kamen, Rogers, Knight. Mayor Knight presiding. ADDENDUM ITEM 8a. TAX CREDITS CHISHOLM CREEK CONDOMINIUM REQUEST FOR LETTER OF SUPPORT FOR TAX CREDITS. Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-104. Allied Development has submitted an application to the Kansas Department of Commerce and Housing for an allocation of $153,000 in low income housing tax credits in connection with Chisholm Creek Complex, 3900 North Woodlawn. A letter of support has been requested from the City. In October, 1995, the City Council adopted a Resolution establishing policy and procedures for providing City approval and support for applications. Chisholm Creek is an existing 20-year old subdivision consisting of 58 townhomes. The majority of these units are owner-occupied with units selling the range of $65,000 to $70,000. Approximately ten (10) units are renter-occupied with rents ranging from $600 to $900 per month. The remaining 24 lots are owned by Initial Development Company. The proposed 24 units will be developed into townhomes ranging in size from 1,200 to 1,600 square feet of living area. Tax credit assistance and special financing is requested to gap the increased construction cost per unit to make this an affordable project and to protect the current property values of other units in the complex. The Resolution provides that the City Council shall conduct a public hearing. The written comments of persons unable to attend the hearing have been provided. Upon closing the public hearing, the City Council may vote on a motion to support the application for low income housing tax credits. Earline Wesley Director of Human Services explained that under the Low Income Tax Credit Program, a minimum of 20 percent of the units must be reserved for low income residents. The maximum amount can be up to 100 percent. It is understood that the developer wants to make all of these units available as rentals. Council Members Cole, Ferris; present. Regarding whether tax credits are available, the Director of Human Services said the developer started with Fred Bentley who encouraged the developer to contact the City. It is Mr. Bentley's job to know whether any tax credits are available. Mayor Knight Mayor Knight said that if Wichita truly wants to be a great city, citizens must be allowed to determine policies and decisions that affect their lives, their families lives, and their neighbors lives. The developer has started off on the wrong foot if he has not convinced the people that are going to be affected more than any other group in Wichita, the adjoining neighbors, that this is a project that is compatible with their hopes, dreams, and aspirations. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Bob Young Bob Young, residing one block from the area and representing 85 home owners as president of the local homeowners' association, said he had moved from a previous home because of low-income housing. The property values in this neighborhood have been increasing and this development will cause values to decrease. Most of his area residents are middle class families with young children. If this element moves in, what is now enjoyed will be gone. Mr. Young asked the Council to not approve the Letter of Support. Norvell Bufford Norvell Bufford, property owner of the vacant sites said the property was purchased at a tax sale for $3,000 and he has had legal expenses of over $40,000. The property was purchased under the assumption that there were five buildings on the property. The revenues for this property have been excess of $100,000 that have not been paid by anybody for the last 20 years because the original developer filed some false "as builts" with the Sedgwick County Register of Deeds that said that these units were built. So, the taxing authorities continue to tax or assess this property the percentage of taxes for specials and general taxes for 20 years. The homeowners have not paid that portion of taxes, nor has Mr. Bufford paid that portion of taxes. A workable plan has been developed but without tax credits units of comparable size to those previously developed cannot be provided. Mr. Bufford stated that he has a court order with the exact plans and specifications and how the units must be placed on the lots. It has been confirmed that tax credit funds are available for 1996 and additional financing has been set up for the project. The neighbors do not want any type of development on the sites. Jack McIntyre Jack McIntyre, Chisholm Creek Homeowners' Association, spoke in opposition to the proposed development. Mr. McIntyre said that during the period of lack of management because of the previous landowner's situation, the taxes on the four empty lots were unpaid. Mr. Bufford bought the lots at a tax sale and now has the same rights and obligations Mr. Smith had except that he does not owe the back taxes prior to 1990. This land is what is known as "convertible land" which has only one purpose (and cannot be used for anything else) - additional units in the condominium at the time of conversion which occurs when buildings are completed. At the time of conversion, the new individual owners become full-pledged voting members of the condominium. The current demographics of the condominium are essentially 58 owner occupied units. The few rentals are primarily owned by individuals who have moved away for two or three years and plan on returning. The proposed units will become non-owner occupied but could control the entire homeowners' association because the units would represent 24 votes. Mayor Knight left the Bench; Vice Mayor in the Chair. Mr. Bufford would not cut the grass and ordered the association not to cut the grass. The City had to cut the grass and assess it to the property. There are holes and dirt piles which attract mx bikers. Mr. Bufford has promised to correct the problems but has not done so which speaks to the neighbors reluctance to have the units in the area. Mayor Knight present and in the Chair. Laurian Cuffy Laurian Cuffy, future general manager of the proposed units, said the argument that the property will be an eyesore is not valid because the owner would not want the property in which so much has been invested to be depreciated. The Association would be getting dues in excess of $2,000 per month from the new units which would help the management team ensure the units are in no way depreciated. Construction costs and maintenance materials have increased over the last twenty years so financing is being requested to close the 20-year gap which has existed from the time the original units were constructed. Mr. Cuffy asked the Council's support in the tax credit request and said they plan to work with the Association to create an opportunity for economic development within the community. Council Member Rogers momentarily absent. Norvell Bufford Norvell Bufford said the holes were for elevation checks and trenching for utilities. The reason he did not want the Association to mow the property is that the mowers knocked down the survey stakes. The grass has been kept mowed after the initial mowing by the City. The taxes for 1995 are due but the Court eliminated the taxes for 1990 through 1994. There is a judgment of which Doug Moshier of the Wichita Law Department is aware. Elizabeth Bishop Elizabeth Bishop, Neighborhood Association, said the Association was unaware this matter was on the agenda today and encouraged the developer to attend the upcoming Association meeting. Betty Pearson Betty Pearson, representing herself and 15 other property owners, said all are opposed to proposal, and have concerns regarding rental properties and votes. Charles Pearson Charles Pearson, No. 3 Lansdowne, said property values and quality of lives will decline and urged disapproval. There is no reason to believe the new units will be compatible with the existing area. Cathy Sennett Cathy Sennett spoke in opposition to the project and said the voting situation would be unfair. Winton Smith Winton Smith said the homeowners work together, discuss things, argue, vote, and proceed. Pride of homeownership prevails and all get along. There is not the same pride taken by renters as by those who own their homes. Mary Jane Pankey Mary Jane Pankey gave statistics regarding the length of time it takes to sell properties in various areas which have and do not have rental properties. Rental units have a big effect on property sales. Lavon Eubanks Lavon Eubanks, partner in the development team, pointed out that, as a member of the Association, exterior maintenance and grounds would be maintained by the Association. The units will be members and will be kept up. The rent will be from $550 to $612 per month and the element being discussed would not be able to afford the apartments. An excess of $70,000 per unit is being spent for construction. Mr. Bufford will not neglect this investment and let the properties become run down. Judy Stroud Judy Stroud, President of the Chisholm Creek Homeowners' Association, said there are covenants, rules and regulations, landscape controls, garbage, trash, and pool controls. The units afford security to single homeowners. The 24 added rental units would make single women feel less comfortable. Ms. Stroud said she would not be opposed if the units were sold individually to private owners. Gary Rebenstorf Director of Law said there are no requirements under federal law for the number of persons in a house. However, the City code contains square footage requirements per persons inside a house as follows: First person living in the house 150 square feet per person After that, 100 square feet per person. As far as the process is concerned, the City is not involved or deciding the litigation issues between the homeowners' association and the proposed developer. Rather, the decision is whether or not to support the developer's request for tax credits. The Council has a resolution which provides that the basic purpose of the hearing is to provide an opportunity to hear comments from affected citizens and make a determination as to whether to or not to support tax credits. Council Member Kamen Council Member Kamen said 100 percent low income units would depreciate the property. Since the condominium association does share maintenance, the eventual result would be that the homeowners would probably have their dues raised to some degree. Also, condominiums, in general, are set up on an ownership basis and many of these associations do not allow property rental at all. The proposed project would change the way the condominium is set up. Twenty-four units of rental would be too much of a burden. Motion -- Kamen moved that communication be made to the proper State authority that the City Council does not support the request for tax credits. Council Member Ferris Council Member Ferris said his calculations show the costs, including soft costs, were $67,000 which includes an approximate $13,000 per unit in various types of profits (developer fee, value of land, and profits for the builders). Actual costs without profit per unit is $53,000. It is interesting that the units sell for $65,000 to $70,000. It appears that since the cost of the land was very low, the developer could possibly build the condominiums and sell them. The real problem is in the area of tax credits which are very limited and should be used for an over-riding public purpose and in an area which over-all embraces the project or has a great need for the project. The project would truly alter the neighborhood and give the developer an unfair advantage which would make it impossible for the Association to make changes the developer did not want. Council Member Cole Council Member Cole said there needs to be an over-riding public purpose and that tax credits should be saved for areas that are experiencing slum and blight. There are no reasons in the proposed area as the area is not blighted. Council Member Rogers Council Member Rogers said income should not be associated with lifestyles. Council Member Rogers said he had some prior knowledge regarding the facts and that the legal portions presented today were fairly accurate but the rest was mostly perception. Council Member Rogers said he is in favor of home ownership and he is totally in favor of economic development, particularly with certain groups. "I think that 100 percent of low income tax credits or development in an area like this would simply create more problems than it is worth. It is that simple. I do not see any over-riding interest." Votes for tax credits in the past by Council Member Rogers have been made because there was an over-riding community interest. "I am not going to support multiple housing in single family areas when I have been working for the three years I have been on this council for the reverse of that." -- carried Motion carried 7 to 0. RECESS The City Council recessed to a workshop session on the Role of IRB's and Tax Abatements in Economic Development at 11:00 a.m. and returned to regular session at 11:15 a.m. BROOKS LANDFILL WHITE GOODS BAN AT BROOKS LANDFILL. Steve Lackey Director of Public Works reviewed the Item. Agenda Report No. 96-083. On October 10, 1995, the City Council approved action on several solid waste strategies recommended by the Wichita-Sedgwick County Solid Waste Management Advisory Committee. One of the Committee's recommendations was implementation of a white goods sorting program for Brooks Landfill, to be effective on or before June 1, 1996. Based on this recommendation, the City Council adopted a motion to ban white goods at Brooks on or before June 1, 1996. On November 21, 1995, the City Council authorized staff to negotiate a contract extension with the present Landfill operator, Herzog Waste Management, until June 30, 1997, renewable annually. In these negotiations, Herzog has proposed to implement a White Goods Sorting Program at Brooks, commencing January 1, 1996, to provide separation of hand-loaded white goods and their removal for recycling at appropriate (non- landfill) locations. Herzog has agreed to perform this separation and proper recycling at no additional cost to the City or Landfill users. The Herzog Contract Extension will be finalized and returned for City Council approval in the near future. The White Goods Sorting Program was begun on January 1, 1996, and has been effective in reducing the disposal of white goods in the Landfill without additional cost or loss of service to the citizens. Preventing or reducing white goods landfilled at Brooks can be accomplished in two ways: 1) An Ordinance prohibiting acceptance of appliance waste at the Landfill, or 2) Requirements in the Landfill Operations Contract for the contractor to sort white goods from the waste stream and properly recycle them elsewhere. An Ordinance to ban all white goods from the Landfill would create several difficulties in implementation and enforcement, and would result in additional costs to citizens in finding alternative ways to dispose of white goods. It would also result in more illegal dumping of these items, creating cleanup problems for the local governmental agencies and owners of private property such as vacant lots. Implementing a program for the separation and removal of white goods from the site performed by the Landfill operator is advantageous for several reasons: 1) The service provided and convenience to the citizens is not diminished, as the customer will not be responsible for finding an alternative location to dispose of white goods. Users will be able to continue to take white goods to the Landfill and pay the same rate per ton as other waste. 2) The requirements for an ordinance, education and enforcement procedures are avoided as the sorting program will be accomplished through operations of the Landfill contractor. The public will be allowed to continue to bring white goods to the Landfill as before. 3) Illegal dumping of white goods will be minimized. Often refuse that is turned away at the gate of the Landfill is illegally dumped in roadside ditches and vacant lots rather than properly disposed. Increased costs of enforcement and clean-up of illegal dumping can be avoided. 4) The procedure for implementation of the sorting program is simple and easily enforced. Requirements will be a part of the Landfill Operations Contract, enforced by the city's inspectors. (Attachment 2 contains proposed contract provisions which are presently being negotiated with Herzog.) 5) The program can be implemented at no additional cost to the public, as the contractor has proposed to perform the White Goods Sorting Program at no additional charge beyond the normal tipping fee per ton. Additional charges would only be required if additional conditions are imposed by the City which increase the contractor's costs. A procedure has been in place since January 1, 1996, by Herzog to direct white good loads to a specific area near the working face where they are transferred to a roll-off box and collected for removal from Brooks. Herzog arranges with private firms to remove the goods for recycling, salvage or proper disposal. It is Herzog and their subcontractor's responsibility to handle and dispose of the white goods in the proper manner. While it may be desirable to sort all white goods from the Landfill, that is difficult from a practical standpoint. Some white goods are received mixed in loads of other waste in roll-off boxes and other solid waste carriers. It would disrupt Landfill operations and be hazardous to workers and customers to remove such white goods in mixed loads from the waste at the Landfill. Therefore, the Solid Waste Committee recommended a sorting program, rather than a ban on white goods. White goods from so-called "hand loads", that are easily and safely sorted (removed) from other waste are directed to the white goods sorting area. These loads commonly include pickups with white goods and other bulky waste, residential trash trucks with white goods in the hopper, etc. These loads constitute around 75% of all the white goods that come to Brooks. The implementation of the program as presently proposed with Herzog will not require additional costs other than the standard rate per ton at the Landfill. The Landfill Operations Contract is being negotiated for extension through June 30, 1997, with one-year renewals. Implementation of the White Goods Sorting Program at Brooks can be accomplished through contract provisions with the Landfill Operations Contract. Any specific requirements related to the sorting, handling and recycling of the white goods can be specified in the special contract provisions. Based on guidance received from Kansas Department of Health and Environment (KDHE) in a letter dated January 9, 1996, the current white goods sorting program at Brooks Landfill is in compliance with applicable rules and regulations. Regarding the separation and transfer of white goods by the contractor, the City is contractually indemnified from liability with respect to any violation or arguable violation of any environmental laws, restrictions or regulations. If the City Council prefers to accomplish the elimination of white goods through a ban on the public from taking them to Brooks, an Ordinance providing for the prohibition is provided. Federal environmental regulations require the removal of CFCs from white goods before they can be landfilled. Appliances such as air conditioners and refrigerators containing these substances are required to have them removed by EPA- certified technicians, and no appliance is accepted at the Landfill unless tagged by a certified technician that the CFCs have been removed. Under the proposal for sorting white goods at Brooks, the requirement for removal of CFCs will continue to be required for acceptance at Brooks, even though these appliances will not be landfilled. Removal of the CFCs or other environmentally sensitive components at the Landfill is not recommended. Removal or specific handling of these components would fall under special permitting requirements under KDHE. Under KDHE regulations, it is legal for white goods to continue to be buried with other waste at a landfill after the CFCs have been removed. The City is not under a mandate to ban or sort white goods. To conserve landfill space and to encourage recycling, the Solid Waste Committee recommended a White Goods Sorting Program, as was implemented January 1, 1996. Council Member Kamen Council Member Kamen said, basically, the CFCs are taken out before the white goods are taken to the landfill. The white goods are given to the contractor for recycling. The environmentally sensitive components such as oil, PCBs, and mercury switches are taken from the white goods so they are not recyclable as they are. When the contractor takes the white goods from the landfill, there is no requirement that the contractor do anything with the oil, PCBs, and mercury switches and can dispose of them in any manner (take back to the landfill or in some other manner that might harm other property). There are no federal laws regulating mercury and PCBs and they are two of the worst items to possess. There are only three ways to get rid of hazardous components - ship them out of the country to be rebuilt, send them back to the landfill (not safe environmentally), and put them on someone's property (not suitable environmentally). It will cost extra to supervise how the contractor handles these components. The recyclers will not accept the components. There should be some type of paper trail showing what is done with the components. Council Member Kamen asked that the item be deferred one week to allow Staff time to find out how best to do a follow-up on these items to see how they are disposed of. Steve Lackey Director of Public Works said that from the legal perspective, the Law Department drafted language that could be attached to the current contract with Herzog that indemnifies the City and prevents the City from being pulled into a custody chain. The City's position would be that once the goods left the landfill the new owner would be responsible for the goods and the new owner would be regulated under other rules or laws (i.e.; if enough quantity of PCBs or mercury is dealt with, there is small waste generator regulation). If the quantities were kept small enough, they could ultimately end up back at the landfill. Under the current state and federal laws, those same PCBs, mercury switches, and oil could be coming into the landfill because there are no rules preventing the white goods from coming into the landfill. In an effort to keep costs down, and because there is no legal guidance for regulation other than a new ordinance or some kind of procedure, it was felt that once the material was taken off site the goods would be the new owners. The City could require a certificate telling where all of the outproduct goes off the operator's site. This may be worth looking into and there may not be a cost associated with the requirement. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Kamen moved that this Item be deferred until February 27, 1996, and Staff return with options for Council consideration. Council Member clarified that options would be solutions to solve the problem, perhaps a paper trail. -- carried Motion carried 7 to 0. IDLE FUNDS INVESTMENTS USE OF DERIVATIVES IN IDLE FUNDS INVESTMENTS. Agenda Report No. 96-083. In the last revision (August 1995) of the City of Wichita Investment Policy, a definition of derivative securities was included for the first time. The prior Investment Policy effectively permitted an extensive use of derivatives (although no derivative investment activity had occurred). The revised Investment Policy authorizes investment in derivatives only in three specific securities: 1) U.S. Treasury STRIPS, 2) U.S. Treasury or Agency callable securities, and 3) U.S. Treasury or Agency floating rate securities. The City Council approved the Investment Policy, however, any investment in the above derivatives was held in abeyance pending Finance staff submitting a detailed report to the City Council on the prospective use of these securities. For the purpose of investing the City's public funds, the most conservative definition of derivative was selected, then all defined derivatives were proscribed with the exception of the three specific derivatives. The derivative definition is taken from the Government Finance Officer's Association's policy statement on regulation of derivative products. Each of the excepted securities are discussed in greater detailed in the report. In sum, the investment option for these specific securities are requested for the following reasons: Derivative Type Reason for Use Treasury STRIP Reduces (reinvestment) risk Agency Callable Increases yield with no increased risk Agency Floater Reduces risk in a rising interest rate environment Each of these securities is an obligation of the U.S. government. Adopted policies and guidelines limit the use of these instruments to a small percentage of the total portfolio. They are intended to complement the primary investments of the portfolio, not to become the primary investment vehicle. Finance staff prepared a report on the three derivatives and their proposed use within the City's investment program. Prior to submission of the Finance staff derivative report to the City Council, independent review was sought: [a] First, from a finance and investments professor in the Barton Business School at Wichita State University (who was highly recommended by the Dean as their resident expert in investments). [b] Second, from the City's external auditor, Allen Gibbs & Houlik, which firm has expertise on staff in banking and investments in addition to the public audit staff who carry on the normal audit of the City's financial records. Both independent reviews have concluded that the use of the proposed derivatives are appropriate for inclusion in the City's Investment Policy and program. The Financial Input Group, an advisory body of finance experts, has previously reviewed and approved the City's Investment Policy and program, including the proposed use of selected derivatives. The City has legal authority to invest in all securities outlined in the Investment Policy, including those specifically discussed in this report. Mayor Knight Mayor Knight said he had expressed some concerns about how the City used derivatives. "I acknowledged that I do not know an awful lot about them but I think this whole world of derivatives and arbitrage and inverse floaters and all these other financial instruments are very complicated. "In reading over the background material, it appears to me that some pretty sophisticated analysts and scholars have approved our strategy as conservative and cautious and if that is an accurate understanding of me gleaning the report that was provided, I am ready to move on and accept the recommended action." Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the reports be received and filed, and investment in derivatives as set out in the City's Investment Policy be approved. Motion -- carried carried 7 to 0. CITY COUNCIL AGENDA APPOINTMENTS APPOINTMENTS TO CITY BOARDS AND COMMISSIONS. Civil Rights and Services Board (1 vacancy - Cole) Commission on the Status of People with Disabilities (1 vacancy - Gale) Police & Fire Retirement Board of Trustees (1 vacancy - Cole) Wichita Commission on the Status of Women (1 vacancy - Gale) Wichita Public Building Commission (3 vacancies - Cole, Gale, Kamen) There were no appointments made. REINSTATEMENT OF MEMBER TO HISTORIC PRESERVATION BOARD. Stan Shelden, 257 N. Quentin, (Ferris) has asked to reinstated on the board. Action is necessary due to nonattendance. Motion -- Ferris moved that Stan Sheldon be reinstated to the Historic Preservation Board. -- carried Motion carried 7 to 0. APPOINTMENT TO CPO EAST COUNCIL - DISTRICT 2. CPO Council Members have selected Janet J. Marden, 9472 E. Mt. Vernon, to fill a vacancy in Subdistrict 2.3. Motion -- Kamen appointed Janet J. Marden to CPO East District 2, Subdistrict 2.3, and -- carried moved that the appointment be approved. Motion carried 7 to 0. CONSENT AGENDA Knight moved that the Consent Agenda, except Item 23 (a), 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 FEBRUARY 5, 1996. At 10:00 a.m., Friday, February 2, 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 February 5, 1996) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Lateral 351, Southwest Interceptor Sewer to serve Robbins Farm Fourth Addition (west of Broadway, north of 55th St S). (468-82485/742502/480342) Does not affect existing traffic. (Council approval date 09-12-78) (District V) Nowak Construction - $25,923.00 Lateral 360, Southwest Interceptor Sewer to serve Winwood Addition (south of 21st, west of Maize). (468- 82525/742569/480348) Does not affect existing traffic. (Council approval date 11-21-95) (District V) Utility Contractors - $99,366.00 16th Street North from WL and extended WL of Lot 1, Block 4 to EL of Lot 33, Block 2 and EL of Lot 9, Block 4; 16th Street Court from NL of 16th Street North to and including the cul-de-sac serving lots 8 through 20, Block 2; 16th Street Court from NL of 16th Street North to and including the cul-de- sac, serving Lots 21 through 33, Block 2; and Aberdeen from EL of Socora to EL of Lot 14, Block 4 and EL of Lot 9, Block 5 Socora Village & Wesley West Addition (east of Tyler, south of 17th). (472-82279/763417/490444) Does not affect existing traffic. (Council approval date 09-12-95) (District V) AND Socora from the SL of Westlink Village 16th Addition to SL if 17th Street North, all in Westlink Village Sixteenth Addition (east of Tyler, south of 21st Street North). (472- 80747/763474/490450) Socora to be closed during construction. (Council approval date 08-29-78) (District V) Cornejo & Sons - $137,295.40 (Aggregate Total Alt. #2) Water Distribution System to serve White Tail Addition (south of 13th, west of 127th Street East). (448- 88767/732396/470317) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 11-30-93) (District n/a) Dondlinger Construction Company, Inc. - $36,516.00 Knight 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. VARIOUS DEPARTMENTS, BOARDS, AND AGENCIES: LEAD FREE GASOLINE AND DIESEL FUEL AS PER SPECIFICATIONS Hampel Oil Distributors, Inc. - Item 1 - $.0769* mark-up per gallon - Item 2 - $.0769* mark-up per gallon - Item 3 - $.0769* mark-up per gallon *1% - 10 days Knight moved that the contract 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. Special Event Theresa L. Mott Wichita Center for Arts 9112 E. Central Renewal 1996 (Consumption on Premises) Patrick J. Audley Artichoke, Inc.* 811 N. Broadway Condy R. Newby Tenth Street Tavern 355 W. 10th (Consumption off Premises) Renewal - Continued W. Kent Laughman Food 4 Less #40 1212 S. Woodlawn W. Kent Laughman Food 4 Less #37 3020 E. Douglas W. Kent Laughman Food 4 Less #38 640 N. West W. Kent Laughman Food 4 Less #41 2445 S. Seneca Wayland Waggoner Albertson's #2211 2101 N. Rock Road Wayland Waggoner Albertson's #2212 8714 W. 13th St. Wayland Waggoner Albertson's #2213 1607 S. Georgetown Wayland Waggoner Albertson's #2214 3137 S. Seneca New Establishment 1996 (Consumption on Premises) Janice K. Vega La Familia* 945 W. 31st South *General Retailer--beer sales derive less than 50% of gross revenues. Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 7 to 0. PLANS AND SPECS. PLANS AND SPECIFICATIONS. 1996 Contract Maintenance Concrete Pavement Repair of Arterial Streets at various locations. (132357/112000) Traffic to be maintained through construction. (Council approval date 01-23-96) (District all). 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., February 16, 1996. Motion carried 7 to 0. SUBDIVISION PLANS AND SPECIFICATIONS. a. Baytree, Britton, and Callahan from the south line of Sterling to the east line of Baytree, and Britton Circle, serving Lots 12 through 27, Block 1; Callahan Court, serving Lots 34 through 38, Block 1; and Baytree Court, serving Lots 12 through 16, Block 2, Sterling Farms 6th Addition (west of Tyler, north of 21st). (472-82631/763409/490443) Does not affect existing traffic. (Council approval date 02-06-96) (District 5) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., February 9, 1996. Motion carried 7 to 0. a. Carr Avenue from the west line of the Maize Avenue 2nd Addition to Maise Road (south of Kellogg, west of Maize). (472-82433/762344/490337) Carr shall be closed for through traffic during construction. (Council approval date 02- 08-94) (District 5) b. Storm Water Sewer #471 to serve Friends University Addition (south of Maple, east of Meridian). (468- 82552/750752/485111) Traffic to be maintained through construction. (Council approval date 12-12-95) (District 6) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., February 16, 1996. Motion carried 7 to 0. PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. Storm Water Sewer 462 to serve Northridge Lakes Addition (east of Tyler, north of 21st) - $128,330.00. (468-82495/750695/485105) Does not affect existing traffic. (Council approval date 12-12-95) (District V) b. 24" Rip-Rap for the Wichita-Valley Center Flood Control Project - $299,990.75. (Index #791335/435162) Does not affect existing traffic. (Council approval date 08-15-95.) (Districts: All) Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 7 to 0. PAVING PETITION PETITION (100%) FOR PAVING STREETS IN STERLING FARMS SIXTH ADDITION (WEST OF TYLER, NORTH OF 21ST). (District V) Agenda Report No. 96-084. On August 29, 1995, the City Council approved a paving petition to serve Sterling Farms 6th Addition. An attempt to award a construction contract within the budget set by the petition was not successful. A new petition with an increased budget has been submitted. The signatures on the new petition represent 100% of the improvement district. The original petition totaled $291,600. The new petition totals $325,000. 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- 036 Resolution of findings of advisability and Resolution authorizing improving of Baytree/Britton/Callahan from the south line of Sterling to the east line of Baytree, and Britton Circle serving Lots 24 through 27, Block 1; Britton Court serving Lots 24 through 27, Block 1; Callahan Court serving Lots 34 through 38, Block 1; and Baytree Court serving Lots 12 through 16, Block 2, Project No. 472-82631 (west of Tyler, north of 21st) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. BOARDS MINUTES MINUTES OF ADVISORY BOARDS. CPO Coordinating Board, 1/3/96 CPO Northeast 1, 1/22/96 Wichita Commission on the Status of People With Disabilities, 1/10/96 Wichita Employees' Retirement System, 1/17/96 Wichita Metropolitan Transit Authority, 12/21/96 Wichita Public Library, 1/16/96 Wichita Traffic Commission, 1/17/96 Wichita/Sedgwick County Emergency Communications Advisory Board, 1/18/96 Wichita/Sedgwick County Metropolitan Area Planning Commission, 12/28/96 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 7 to 0. EASEMENTS/DEDICATIONS EASEMENTS AND DEDICATIONS. a. Easement dated November 10, 1995, from K.C.B.B., Inc. for a tract in I-135 Power Center Addition (I-135 Power Center Lift Station, Index #742460) (no cost to City). b. Easement dated January 3, 1996, from Wal- Mart for a tract in Comotara Power Center Second Addition (Lateral 52, Main 9, Sanitary Sewer #23, Index #742528) (no cost to City). c. Easement dated November 22, 1995, from Jay W. Russell for a tract in Aberdeen First Addition (Parkridge, Index #763375) (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. There were no street closures/uses considered. Item No. 23 (a). EQUIPMENT PURCHASES COMMUNICATIONS EQUIPMENT FOR METROPOLITAN TRANSIT AUTHORITY. Agenda Report No. 96-085. The Metropolitan Transit Authority has requested one 800 MHz, 100 watt analog simulcast trunked secure repeater, 53 each bus radios, 11 each van radios, 8 each automobiles/truck radios, 2 each spare radios, 7 each portable radios, 2 each control stations maxtrac, and 1 each deskset. The equipment is to replace outdated communication systems. Upgrade to one 800 MHz communication system. The equipment to be purchased must be compatible to the 800 MHz trunked communications system operated by the Department of Emergency Communications. The equipment must be integrated into the shared mobile relay to provide efficient and dependable range and clarity of communications. To be compatible with the existing 800 MHz System (which was purchased from Motorola) and fully integrate into this system the equipment purchased is available only from Motorola Communications and Equipment. The purchase of the radio equipment will cost $152,240. The cost of the equipment will be split between Federal ($99,240), State ($25,000), and City ($28,000). The City transferred their share in 1995. The Purchasing Ordinance No. 35-856, Section 2(b) provides for the purchase of equipment and supplies from sole sources of supply without advertising for bids. Mayor Knight Mayor Knight asked whether the money that is being requested for radio equipment could be utilized to soften the several hundred thousand dollar shortfall being projected because of federal cutbacks. Some significant investments are being made in support of a pretty uncertain public service at this point. "To me, maintaining a bus route is more important than having the latest in communication equipment." Chris Cherches City Manager clarified that these funds could be used for any capital but not operating costs, the application was specifically for radios. The funds could also be used for bus purchase. Mayor Knight Mayor Knight said that although he had read the argument over and over for seventeen years, he did not know why it does not cost any more to have a big bus than a small bus. "To build some of the things that we are building out of reserves and to do this, in the face of having to make some pretty tough choices -- I would say 'stop the music' and let us make sure of where we are heading." Motion -- Cather moved that the purchase of the radio equipment from Motorola Communication -- carried & Equipment in the amount of $152,240 be approved. Motion carried 5 to 2. Ferris, Knight - No. SECURITY DETECTION EQUIPMENT FOR WICHITA PUBLIC LIBRARY. Agenda Report No. 96-086. The Library has requested 3M 3802 detection security equipment. This will upgrade the current 3M security system. Equipment to be installed during the construction of the Library Vestibule (approved by City Council in December, 1995). 3M is the developer and manufacturer of the 3802 Tattle Tape Security System. 3M has the exclusive patents on certain processes which are incorporated into the system technology and no other manufacturer sells magnetic library security systems operating within the scope that is patented by 3M. The purchase of this 3M 3802 security detection equipment will cost $10,280. There are sufficient funds available in the 1996 budget for the purchase of this equipment. The Purchasing Ordinance No. 35-856, Section 2(b) provides for the purchase of equipment and supplies from sole sources of supply without advertising for bids. Motion -- Knight moved that purchase of the equipment from 3M Safety and Security Systems -- carried Division in the amount of $10,280 be approved. Motion carried 7 to 0. AGREEMENTS AGREEMENT FOR DESIGN SERVICES FOR OAK RIDGE ADDITION. Agenda Report No. 96-087. The City Council approved the Oak Ridge Addition development on December 12, 1995. The proposed Agreement between the City and Professional Engineering Consultants, P.E. (PEC) provides for the design of Lateral 364, Southwest Interceptor; Water Distribution System No. 448-88976; and paving 29th Street North, Topaz Circle and Topaz Court (north of 29th, west of Ridge). Because PEC provided subdivision engineering services for this addition, it can expedite construction plan preparation. Payment will be on a lump-sum basis not to exceed $25,900 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. AGREEMENT FOR DESIGN SERVICES FOR SUNRIDGE SECOND AND THIRD ADDITIONS. Agenda Report No. 96-088. The City Council approved the Sunridge 2nd and 3rd Additions development on November 7, 1995. The Agreement between the City and Moehring & Associates provides for the design of Lateral 38, Main 12, Southwest Interceptor; Lateral 37, Main 12, Southwest Interceptor; Storm Water Sewer No. 467; Water Distribution System No. 448-88946; and paving Bella Vista, Covington, Denise Marie, Covington Court and sidewalk (south of 21st, east of 119th Street West). Because Moehring & Associates provided subdivision engineering services for this addition, it can expedite construction plan preparation. Payment will be on a lump-sum basis not to exceed $29,261 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. CONSTRUCTION AGREEMENT FOR 47TH STREET SOUTH AND EMPORIA. Agenda Report No. 96-089. On September 12, 1995, the City Council approved construction of intersection improvements at 47th Street South and Emporia as a part of the 1995 Intersection Reconstruction Program (CIP #MS-412). The project consists of closing the frontage road on the northwest quadrant and providing access further to the west. The project budget for the 1995 Intersection Reconstruction project is $2,250,000. KDOT will participate in the cost of the project in the amount of 50% of the cost for construction and construction engineering but not to exceed $15,000. The City's share of the cost is estimated at $15,000 and will be paid by General Obligation Bonds authorized by Ordinance No. 42-851. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. CONSTRUCTION AGREEMENT FOR TRAFFIC SIGNALS ON BROADWAY AT SECOND AND THIRD STREETS. Agenda Report No. 96-090. On September 12, 1995, the City Council approved including the intersections of Broadway at Second and Third Streets as a part of the 1995 Intersection Reconstruction Program (CIP #MS-412). The project consists of upgrading the signals on Broadway at Second and Third Streets to provide larger overhead signal indications. The project budget for the 1995 Intersection Reconstruction project is $2,250,000. The estimated cost for the signalization work covered under this Agreement is $150,000. KDOT will pay 90% of the cost of construction and construction engineering. The City's share will be paid by General Obligation Bonds authorized by Ordinance No. 42-851. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. SUPPLEMENTAL AGREEMENT FOR JOHN MACK BRIDGE. Agenda Report No. 96-091. On November 17, 1992, the City Council approved an Agreement with A. G. Lichtenstein and Associates to design the rehabilitation of the John Mack Bridge. The Kansas Department of Transportation (KDOT) required A. G. Lichtenstein to design a rip rap toe wall below the river in an attempt to provide protection at the same level as the footings for the new bridge designed by HNTB. KDOT also required separation of the plans for the rehabilitated John Mack Bridge from the new bridge. Neither of these requirements were included in the original concepts. A Supplemental Agreement with A. G. Lichtenstein for the plan revisions has been prepared. Payment to A. G. Lichtenstein and Associates will be made on a lump sum basis of $16,350 from funds available in the project budget. The funding source is General Obligation Bonds. Motion -- Knight moved that the Supp. Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. DESIGN AGREEMENT ENGINEER DESIGN AGREEMENT FOR SANITARY SEWER AND WATER DISTRIBUTION SYSTEMS TO SERVE NEW HEARTSPRING FACILITY (NORTH OF 29TH ST. NORTH, WEST OF WEBB). Agenda Report No. 96-092. Heartspring, a life skills learning center, is constructing a new facility on the north side of 29th Street North, west of Webb Road. On September 19, 1995, the City Council approved petitions to extend sanitary sewer and water service to the development. Developers are required to submit development guarantees (usually letters of credit) before public improvements will be installed. The letter of credit amount is 35% of the public improvement petition amounts. The amount of the Heartspring letters of credit would be $88,200. On the basis of public interest, Heartspring has requested that they not be required to submit development guarantees (letters of credit). According to Administrative Regulation Number 29, only the City Council may grant the waiver. The fee for engineer design services totals $15,255. The funding source is Special Assessments. Motion -- Knight moved that the requirement for a Development Guarantee be waived; and the Design Agreement be approved and the Mayor be authorized to execute. Motion -- carried carried 7 to 0. PROPERTY ACQUISITION ACQUISITION OF A PORTION OF 340 EAST MURDOCK (TRACT #12) FOR THE MURDOCK IMPROVEMENT PROJECT. (District VI) Agenda Report No. 96-093. The Murdock Improvement Project from Waco to Wabash, approved by Council on June 14, 1994, will require the partial acquisition from fourteen tracts along Murdock from Waco to Wabash. One of these tracts is tract #12, which is owned by Ely Bartal and Henry O. Marsh Living Trust. Murdock will be upgraded to a five lane arterial standard. The tract contains approximately 50 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 for $200. The 1994 Capital Improvement Program includes $150,000 to acquire the necessary right-of-way for the project along Murdock from Waco to Wabash. The funding source is General Obligation Bonds. The budget of $325 includes $200 for acquisition and $125 for closing costs, and title insurance. A budgeted amount of $2,050 has already been approved for the purchase of six other tracts. After the purchase of this parcel, there will be seven more left to purchase for the project. Motion -- Knight moved that the budget and Contracts be approved and the Mayor be -- carried authorized to sign the necessary documents. Motion carried 7 to 0. ACQUISITION OF A PORTION OF 393 NORTH MCLEAN (TRACT #26) FOR MCLEAN BOULEVARD REALIGNMENT. (District VI) Agenda Report No. 96-094. The McLean Boulevard Realignment Project, approved by Council on March 29, 1994, requires the acquisition of 24 full tracts and 3 partial tracts. One of the properties identified for acquisition, Tract 26, is located at the Southeast corner of Seneca and McLean. The property is improved with a 11,865 square foot office building. The property being acquired is part of the parcel not encumbered with the building. There is paved parking and landscaping on the subject tract. The property is owned by Robert Lida and occupied by Lida Advertising. To date Council has approved acquisition of 26 properties. Mr. Lida has agreed to sell to the City for a negotiated value of $120,000 plus the remainder of the adjacent property at 363 North McLean that the City has also acquired for the project. This remnant site will contain approximately 9,700 square feet after the project is completed. Funds have been budgeted in the 1994 Capital Improvement Program in the amount of $1,490,000. A budget of $122,000 in funds includes: $120,000 for acquisition, $2,000 for closing costs, title insurance, survey, operating and maintenance expenses. Acquisition and condemnation costs to date, including this transaction, total $1,182,918 with budgeted closing, relocation and demolition costs of $212,915 for a total of $1,395,833. Motion -- Knight moved that the budget and Contracts be approved and the Mayor be -- carried authorized to sign the necessary documents. Motion carried 7 to 0. ACQUISITION OF 432-434 SOUTH OLIVER (TRACT 20) FOR THE EAST KELLOGG/OLIVER IMPROVEMENT PROJECT. (District II) Agenda Report No. 96-095. The East Kellogg/Oliver Improvement Project received final approval and findings of no significant impact on all historic and environmental issues from the Federal Government in September 1995 and the City was given permission to begin active acquisition in the corridor. At the time of the granting of permission, there were 54 tracts not under contract. Council approved the hiring of Land Acquisitions, Inc. to negotiate the remaining property acquisitions and relocations. One of the parcels to be acquired is located at 432-434 S. Oliver (Lots 34 and 36 on Oliver Avenue in Highland View Addition to Wichita) and is owned by Wilma L. Finley. The property has 6,875 square feet of land and is improved with a 1,682 square foot residential duplex. The property is currently vacant. The property was appraised at $69,000 and the review appraiser concurred with this value. This amount was offered to the owner and accepted. As this acquisition has been approved as part of the Kellogg/Oliver Interchange Project, Federal funds will be available to offset 80% of the the transaction cost. Funds have been budgeted in the 1994 Capital Improvement Program. The funding source will be General Obligation bonds paid by local sales tax revenues. A budget of $77,000 includes: $69,000 for acquisition, $5,000 for eventual demolition, $1,000 for relocation and $2,000 for closing costs and title insurance. It is intended that, if possible, the property will remain leased until such time as the site is needed for highway construction. Motion -- Knight moved that the budget and Contracts be approved and the Mayor be -- carried authorized to sign the necessary documents. Motion carried 7 to 0. ACQUISITION OF 428-430 SOUTH OLIVER (TRACT 21) FOR THE EAST KELLOGG/OLIVER IMPROVEMENT PROJECT. (District II) Agenda Report No. 96-096. The East Kellogg/Oliver Improvement Project received final approval and findings of no significant impact on all historic and environmental issues from the Federal Government in September 1995 and the City was given permission to begin active acquisition in the corridor. At the time of the granting of permission, there were 54 tracts not under contract. Council approved the hiring of Land Acquisitions, Inc. to negotiate the remaining property acquisitions and relocations. One of the parcels to be acquired is located at 428-430 S. Oliver (Lots 38 and 40 on Oliver Avenue in Highland View Addition to Wichita) and is owned by Phillip, Paul, Maria, and Suzzanne Russell. The property has 6,875 square feet of land and is improved with a 1,682 square foot residential duplex. The property is currently occupied. The property was appraised at $69,000 and the review appraiser concurred with this value. This amount was offered to the owner and accepted. As this acquisition has been approved as part of the Kellogg/Oliver Interchange Project, Federal funds will be available to offset 80% of the the transaction cost. Funds have been budgeted in the 1994 Capital Improvement Program. The funding source will be General Obligation bonds paid by local sales tax revenues. A budget of $93,500 includes: $69,000 for acquisition, $5,000 for eventual demolition, $17,500 for relocation and $2,000 for closing costs and title insurance. It is intended that, if possible, the property will remain leased until such time as the site is needed for highway construction. Motion -- Knight moved that the budget and Contracts be approved and the Mayor be -- carried authorized to sign the necessary documents. Motion carried 7 to 0. PROPERTY DISPOSITION SALE OF HOUSE LOCATED AT 2124 EAST 3RD FOR INFILL HOUSING PROJECT. Agenda Report No. 96-097. The Infill Housing Project, approved by council on August 30, 1994, will require that several houses be auctioned in "as is" condition for privately financed moves to other lots. Sealed bids on twelve properties, including the subject house, were solicited in December. No bids for these properties were received at that time. Subsequent to the bid opening, an offer of $200 was received from Linda Trezvant for 2124 E. 3rd. The house is to be moved within the City limits. Other bids received from the December auction ranged from $10 to $1,900. The City will receive a total of $1,200 for the sale of this structure. The relocation of one of these structures within the City limits will place additional value into the tax base. Motion -- Knight moved that sale of the structure be approved and the Mayor be authorized -- carried to sign any necessary documents. Motion carried 7 to 0. SALE OF SURPLUS PROPERTY LOCATED WEST OF 909 ARAPAHO. Agenda Report No. 96-098. The City of Wichita has received an offer of $1,000 from Raymond Hooper on a portion of the exception Northeast of West Central and the Floodway located directly behind and to the West of his property at 909 N. Arapaho. The exact legal description of the property is to be determined by a survey provided by the purchaser. City Council declared the exception as surplus on 5/30/95. The property was acquired at no cost to the City as an exception in the platting process of West Central Gardens Third Addition. The property is currently vacant and contains approximately 16,750 square feet. The property will be utilized by the proposed purchaser for extra yard space for his property at 909 N. Arapaho. Due to the location and inaccessibility of the tract, the adjacent homeowner is the sole market for the property. Part of the exception and lot 26 of West Central Gardens Third Add. has already been platted as part of Sandpiper Bay, an adjacent condominium subdivision to the North of the subject property. The exact details of the acquisition of the portion adjacent to lot 26 to Mr. Miles the developer of Sandpiper Bay is unknown. Many of the other property owners have already fenced or improved with outbuildings that portion adjacent to their property and regularly maintain and mow the property. If these other properties are to be sold in the future, they will be sold in such a way as to not landlock or block access to further City owned property. The site has been considered as possibly being used for a recreational trail. Although this use was supported by the Greenways Commission, the trail would only be able to run as far north as Sandpiper Bay and there might be opposition from the adjacent homeowners. The Planning and Park Departments were not interested in this proposed use for these reasons. The City will receive cash consideration for the sale of the property. The tract is currently exempted from property taxes. After the property is sold, the property will return to the tax rolls which will place additional value into the tax base. The City will receive all proceeds from the sale minus any associated administrative costs. The proposed purchaser will be responsible for a survey, lot split, and one half of the closing costs. Motion -- Knight moved that sale of the structure be approved and the Mayor be authorized -- carried to sign any necessary documents. Motion carried 7 to 0. SURPLUS PROPERTY LOCATED ADJACENT TO 2401 NORTH PORTER. This Item was approved on January 30, 1996. BUDGET ADJUSTMENT BUDGET ADJUSTMENT FOR IMPLEMENTATION OF POLICE PLAN. Agenda Report No. 96-100 On January 30, 1996, the Police Department presented the Public Safety Initiative to the City Council in a workshop session. At the workshop, each City Council Member expressed support for the Public Safety Initiative. In order to implement the Public Safety Initiative, the Police Department needs to transfer $3,303,570 from contingency to operational line items. The Public Safety Initiative is a six phase process beginning February 12, 1996, and ending January 27, 1998, that will establish community policing city-wide by assigning a team of seven officers to each police beat with one officer serving as community policing officer and the remaining officers assigned to provide police services, two on each shift. The goals of the Public Safety Initiative are: 1) make Wichita safer through a reduction in crime; 2) provide high-quality customer service; 3) ensure timely, effective follow-up investigations; and 4) institute accountability at all levels within the department. These goals will be accomplished by reorganizing field services, increasing investigative capacity, and improving support functions. Reorganizing field services accounts for 71% of the funds to be expended and entails the addition one lieutenant, 19 sergeants, 69 officers, and two clerks as well as the addition of marked police vehicles, portable radios, a video conferencing system, FAX machines, and general supplies/services. Increasing investigative capacity accounts for 24% of the funds to be expended and entails the addition of one lieutenant, 18 detectives, one officer, three chemists, one photo technician, and three clerks as well as the addition of unmarked detective vehicles, portable radios, computers, FAX machines, and general supplies/services. Improving support functions accounts for 5% of the funds to be expended and entails the addition of three lieutenants, two administrative assistants, one planning analyst, one SPIDER dispatcher, and one management intern. In order to implement the 1996 portion of the Public Safety Initiative, a budget adjustment is needed to transfer $3,303,570 from contingency to operational line items. The $3,303,570 will be distributed to the following operational line items: Personal Services $2,008,720 Contractuals 207,530 Commodities 102,710 Capital Outlay 818,460 Other 166,150 $3,303,570 The Public Safety Initiative will also receive funding from a $750,000 Federal grant that will fund 64% of the salary and benefits of 10 officers for three years. The local match for the Federal grant is included in funds to be transferred to the "Other" funding category. Funding has been provided for only the 1995 and 1996 portions of the Public Safety Initiative. Continuation of the Public Safety Initiative beyond 1996 will require $5,679,540 in additional resources, as illustrated on the table. Motion -- carried Knight moved that the budget adjustment be approved. Motion carried 7 to 0. ORDINANCE SECOND READING ORDINANCE. (First Reading 1/30/96) ORDINANCE NO. 96-994 Assessing Ordinance An Ordinance making a special assessment to pay for the removal of certain structures, being dangerous and unsafe buildings which have been declared a nuisance under the provision of Sections 18.16.010 to 18.16.090 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. PLANNING AGENDA V-1942 PUBLIC HEARING - V-1942 - REQUEST TO VACATE A UTILITY EASEMENT IN AN AREA NORTH OF PAWNEE AND WEST OF SENECA. (District IV) Agenda Report No. 96-101. Staff Recommendation: Approve vacation of the utility easement. MAPC Recommendation: Approve vacation of the utility easement. The applicant desires to vacate a north-south and an east-west utility easement in order to efficiently develop a building site composed of two lots. The applicant has complied with the City Engineering requirement that a temporary sewer easement be provided as well as a permanent easement to accommodate the utility needs of the proposed development. The applicant has also provided a restrictive covenant which ties together the platted property under the applicant's ownership which is not located directly adjacent to a public sewer line due to this vacation. This covenant is binding on any future owners, noting that the property (lot) can not be sold separately unless adequate sewer service is available. The vacation request has been reviewed and approved by the Planning Commission, subject to conditions. Documents Temporary Easement, Easement, and Restrictive Covenant from O'Reilly Automotive, Inc. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Gale moved that the public hearing be closed, the vacation and documents be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order and the documents be recorded with the Register of -- carried Deeds. Motion carried 7 to 0. S/D 93-78 S/D 93-78 - PLAT OF THE BRADFORD NORTH ADDITION, LOCATED SOUTH OF 29TH STREET NORTH AND WEST OF TYLER. (District V) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 96-102. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. (10-2) Petitions, all 100%, have been submitted for sanitary sewer, municipal water, drainage and storm sewer, and paving improvements. A Certificate of Petitions has also been submitted. In order to provide for the ownership and maintenance of Reserves, the applicant has submitted a restrictive covenant. To provide for off-street parking, for lots adjacent to narrow streets, this covenant also requires that four (4) off-street parking spaces be provided for each such lot. A sidewalk plan has also been provided which indicates the provision of sidewalks both along streets and through open space reserve areas. In order to guarantee the removal of several structures presently located within areas being dedicated for street right-of-way by this plat, the applicant has submitted a letter of credit. This site is east of and adjacent to the Pracht wetlands and was opposed, in part, by some of the Planning Commissioners because of concerns with this development's possible impacts on these wetlands. The plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Council Member Rogers momentarily absent. Mayor Knight momentarily absent with Vice Mayor Kamen in the Chair. Council Member Cather Council Member Cather said he was surprised there had been no response from the County Conservation District regarding the wetlands and requested a one week deferral to allow him time to contact the Conservation District. Motion -- carried Ferris moved that this Item be deferred one week. Motion carried 7 to 0. DP-191 DP-191 - REQUEST FOR AMENDMENT TO THE WILSON COMMERCIAL COMMUNITY UNIT PLAN; AND Z-3190 - REQUEST FOR ZONE CHANGE FROM 'AA' ONE FAMILY DWELLING DISTRICT TO 'LC' LIGHT COMMERCIAL DISTRICT, LOCATED SOUTH OF 21ST STREET NORTH ON THE EAST SIDE OF ROCK ROAD. (District II) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 96-103. Staff Recommendation: Approve, subject to replatting within one year. CPO Recommendation: Approve, subject to replatting within one year. MAPC Recommendation: Approve, subject to replatting within one year. The applicant requests an amendment to the Wilson Commercial Community Plan and a zone change from 'AA' One Family Dwelling District to 'LC' Light Commercial for 1.77 acres located in an area southeast of 21st Street North and Rock Road. The proposed amendment and zone change is requested in order to allow for a slightly different site development plan for a proposed commercial development that was approved by the City Council on November 7, 1995. The applicant indicates that a different building configuration, parking lot, and circulation pattern is planned for the proposed commercial center, which requires that the proposed commercial structures be move further east than what was originally planned. The proposed 'LC' zoning extends into an area reserved for park and open space uses in the Wilson Residential Community Unit Plan (DP-201), thus reducing the open space area by approved by approximately 1.34 acres. Also, the configuration of the Rockhill and Tara loop road is proposed to be widened from 70 feet to 90 feet and slightly adjusted in orientation to create a landscaped parkway (identified on the proposed CUP as Bradley Fair Parkway). Therefore, the amendment would adjust the size and shape of Parcels 2 through 5 of the commercial CUP, which abut the proposed parkway, along with Parcel 1 of the residential CUP. Although the amount of 'LC' zoning at this intersection would be increased, the amendment would not increase the maximum gross floor area permitted in Parcel 8 (162,393 square feet), or any of the other parcels. The entire CUP permits 196,897 square feet of commercial uses in Parcels 3 through 8 and 252,000 square feet of office and hotel uses on Parcels 1 through 4. The eastern boundary of the CUP, where it is adjacent to residential zoning, would still be subject to the same landscaping/screening requirements. The applicant's conceptual site plan indicates that Parcel 9 is planned for future retail development (the MAPC and City Council denied 'LC' zoning and approved only 'BB' zoning for that parcel) and also indicates that the area between Parcel 9 and the railroad tracks is planned for office development (which is zoned 'AA' and restricted to residential uses). However, no zone changes or other changes to the approved CUP restrictions are requested for those areas. At the MAPC hearing on December 28, 1995, no members of the public expressed either support or opposition to the requests. The MAPC voted 11-1 to recommend approval of the requests. Council Member Kamen Council Member Kamen said that when this last came up for an increase in the commercial area, the point was made that traffic would be so bad that if Rock Road at 21st Street was increased to ten lanes, it would still have an "E" rating. Council Member Kamen said he was not interested in creasing commercial property. Motion -- Kamen moved that the applicant be given the ability to rearrange but not to add commercial area. Council Member Rogers Council Member Rogers said this only enhances what the City Council has already approved. Council Member Cole Council Member Cole stated that this is not about a square footage increase in building but rearranging the buildings on a greater space and this she would not oppose. Mayor Knight Mayor Knight said this is an exciting development and reviewed the fact that the MAPD, Staff, and CPO recommended approval. 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 5 to 2. Cather, Kamen - No. 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, potential litigation, and legal advice; personnel matters of non-elected personnel; and preliminary discussions relating to the acquisition of real property for public purposes; and the regular meeting be resumed at 2:00 p.m. in the City Council Chambers. Motion -- carried carried 7 to 0. RECESS Council recessed at 12:07 p.m. and reconvened in regular session at 2:05 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 2:05 p.m. Pat Burnett Deputy City Clerk COUNCIL PROCEEDINGS JOURNAL 160 FEBRUARY 6, 1996 Page