(REVISED: ITEM 14B. PULLED; ITEM 22, WORDING CHANGED IN RECOMMENDED ACTION) C I T Y C O U N C I L C I T Y O F W I C H I T A K A N S A S City Council Meeting City Council Chambers 9:00 A.M., September 13, 2005 455 North Main ORDER OF BUSINESS -- Call to Order -- Invocation -- Pledge of Allegiance -- Approve the minutes of the August 23, 2005 consent meeting AWARDS AND PROCLAMATIONS -- Proclamations: "Wichita High School West Class of 1960 Day." "Alcohol and Drug Addiction Recovery Month." "Preparedness Month." "Union Rescue Mission Week." "Prostate Cancer Awareness Month." PUBLIC AGENDA 1. Tracy Cass, Campaign Coordinator-Introduce the 2005-2006 Wichita Supporting the Arts Campaign. 2. King David Davis-When there is no justice there is violence. 3. Pete Dominguez-Operation Southwind, getting rid of pornography within Sedgwick County. 4. Attorney Jim Lawing-What we as a city can do for the victims of Hurricane Katrina that will also benefit our infrastructure. CONSENT AGENDA 5. Report of the Board of Bids and Contracts Dated September 12, 2005. RECOMMENDED ACTION: Receive and file report; approve Contracts; authorize necessary signatures. 6. Application for Licenses. Renewal 2005 Valerie Washington Xcitement Video 3909 West Pawnee Valerie Washington Xcitement Video 220 East 21st Street Ernest C. Doyon Vegas Video LLC 8323 West Kellogg Norman Massey Jr. Zigefields 4200 West Kellogg Drive RECOMMENDED ACTION: Approve licenses subject to Staff review and approval. 7. Applications for Licenses to Retail Cereal Malt Beverages: Renewal 2005 (Consumption on Premises) Wayne R. Larson Sierra Hills Golf Club 13420 East Pawnee Renewal 2005 (Consumption off Premises) Amain Muthana Central Food Mart Inc. 2900 East Central Thuy Nguyen Quick Pick 3733 North Arkansas New Operator 2005 (Consumption off Premises) Hasmer Feroze Stassen Industries DBA Fill It Up 3810 North Woodlawn Special Event September 24, 2005 Devin W. Hansen Wagonmaster 2005 Chili Cookoff 600 East Douglas RECOMMENDED ACTION: Approve licenses subject to Staff review and approval. 8. Preliminary Estimates: a) Water Distribution System to serve properties along 37th St. North from Maize Road to Tyler Road - along 37th Street North, from Maize Road to Tyler Road. (448-89803/635650/763706) Traffic to be maintained during construction using flagpersons and barricades. (District V) - $450,000 b) 16 Inch Water Distribution System in Oliver from Pawnee to George Washington Boulevard - along Oliver from Pawnee to George Washington Boulevard. (448-89797/633746/752833) Traffic to be maintained during construction by using flagpersons and barricades. (District III) - $340,000 c) Decker and Decker Circle from the north line of Cavit, north to and including cul-de-sac; Texas from the east line of Decker, east to the east line of the plat; Texas Court from the north line of Texas, north to and including cul-de-sac; Sidewalk on one side of Texas and Decker to serve Shadow Woods Addition - north of Maple, west of 135th Street West. (472-83723/765938/490051) Traffic to be maintained during construction using flagpersons and barricades. (District V) - $391,000 d) Lateral 507 Southwest Interceptor Sewer to serve Woodland Heights 2nd Addition - south of Central, east of Ridge. (468-83972/744137/480825) Traffic to be maintained during construction using flagpersons and barricades. (District V) - $35,700 e) Water Distribution System to serve Rio Vista Estates 4th Addition - north of 61st Street North, west of Meridian. (448-89981/735247/470918) Does not affect existing traffic. (District VI) - $128,000 f) Stout, from the north line of 13th Street North to the south line of Hunters View Hunters View/Bellick, from the west line of Cheryl's Hollow Addition to the east line of Stout; Stout Court from the west line of Stout to and including cul-de-sac (Lots 3 through 9, Block 1); Stout Court, from the west line of Stout to and including cul-de-sac (Lots 10 through 17, Block 1) to serve Cheryl's Hollow Addition - north of 13th Street North, west of 135th Street West. (472-84139/765920/490033) Traffic to be maintained during construction using flagpersons and barricades. (District V) - $565,000 g) Storm Water Drain #228 to serve Krug North Addition - north of 21st Street North, west of 143rd Street East. (468-83793/751405/485296) Does not affect existing traffic. (District II) - $468,000 h) Cost of improving Harry and Kellogg (472-84018/706895/204-361. (District III). Total estimated cost - $225,000 i) Cost of Bluelake, 31st Street South, and Bolin Drive from the south line of Lot 15, Block D, north, east and south to Sabin; Sabin from the southwest line of Bolin Drive south t the north line of Lot 61, Block D; Bluelake Court (Lots 84 thru 100, Block A, from the west line of Bluelake west to and including the cul-de-sac; Bluelake Court (Lots 101 thru 117, Block A) from the west line of Bluelake west to and including the cul-de-sac; Sabin Court from the west line of Sabin, west to and including the cul-de-sac and south to and including the cul-de-sac; Sidewalk along one side of Bluelake, 31st Street South, Bolin Drive and Sabin to serve Blue Lake Addition, west of West Street, north of MacArthur. (District IV). - $1,030,000. RECOMMENDED ACTION: Receive and file. 9. Petitions for Public Improvements: a) Street Paving, Sanitary Sewer and Water Distribution System to serve Brentwood South Addition, east of Webb, north of Pawnee. (District II) b) Construct a Sanitary Sewer to serve Osbeck Addition, west of Tyler, south of Kellogg. (District IV) RECOMMENDED ACTION: Approve Petitions; adopt Resolutions. 10. Deeds and Easements: a) Easement dated July 26th, 2005 from Unified School District #265 over a tract of land lying in part of the NW1/4 of Sec.27, T27S, R2W of the 6th P.M., Sedgwick County, Kansas, (OCA# 607861). No Cost to City. b) Permanent Easement dated July 29th, 2005 from North Ridge Lakes, Inc., Marvin Schellenberg, President over a tract of land lying in the Northeast corner of the Northwest Quarter of Section 4, Township 2 South, Range 1 West of the 6th P.M. in the City of Wichita, Sedgwick County, Kansas (OCA# 607861). No Cost to City. c) Permanent Easement dated July 28th, 2005 from Leslie Eck over a tract of land lying in the South Half of Section 19, Township 27 South, Range 2 East of the 6th P.M. in the City of Wichita, Sedgwick County, Kansas (OCA# 607861). No Cost to City. d) Sanitary Sewer Easement dated August 10th, 2005 from Gerald Dunnegan & Erma L. Dunnegan, husband and wife, over tracts of land in the SE 1/4, Section 25, TWP 27S, R2W, Wichita, Sedgwick County, Kansas (OCA# 744081). No Cost to City. e) Sanitary Sewer Easement dated August 10th, 2005 from Gerald Dunnegan & Erma L. Dunnegan, husband and wife, over a tract of land lying in Lot 3, Block 1, Wheatridge Addition, Sedgwick County, Kansas (OCA #744081). No Cost to City. RECOMMENDED ACTION: Accept documents. 11. Consideration of Street Closures/Uses. RECOMMENDED ACTION: Approve the street closures. 12. Agreements/Contracts: a) Respread Assessments: Woodland Lakes Estates Fourth Addition, south of Lincoln, west of 127th Street East. (District II) b) Planeview Community Library Memorandum of Agreement. (District III) c) Respread Assessments: Trinity Point Addition, north of 47th Street South, east of Hoover. (District IV) d) Collateral Agreement with The Valley Federal State Bank and Hillcrest Bank. (Item 12 continued) e) Construction Engineering and Staking in Auburn Hills 15th Addition, west of 135th Street West, north of Kellogg. - Supplemental. (District V) f) Hydraulic from MacArthur to the City Limits. - Supplemental. (District III) g) Construction Engineering and Staking in Avalon Park Addition, north of 37th Street North, east of Tyler. - supplemental. (District V) h) 13th Street North from 135th Street to 119th Street West. - Supplemental. (District V) RECOMMENDED ACTION: Approve Agreements/Contracts; authorize necessary signatures. 13. Design Service Agreements: a) The Fairmont Addition, north of 21st Street, west of 127th Street West. (District II) b) Krug North, Krug North Second and Hawthorne Third Additions, north of 21st Street, west of 143rd Street East. (District II) c) Woodland Heights Second Addition, north of Second Street, east of Ridge. (District V) d) Killarney Plaza East Addition, north of 29th Street North, west of Rock Road. (District I) e) Gypsum Creek-Pawnee to Woodlawn Flood Control and Stream Restoration. (District III) RECOMMENDED ACTION: Approve Agreements/Contracts; authorize necessary signatures. 14. Change Orders: a) Central Corridor Railroad Improvement. (District VI) b) Interactive Water Features at Fairmount and Osage Parks. (Districts I and IV) (PULLED PER PUBLIC WORKS & MANAGER, 09-09-05) RECOMMENDED ACTION: Approve the Change Orders and authorize the necessary signatures. 15. Property Acquisitions: a) Partial acquisition of land and easements for the North Area Sewer Sanitary Line near Meridian and 53rd Street North. (District VI) b) Permanent Easement for Integrated Local Water Supply Plan. RECOMMENDED ACTION: Approve budgets and Contracts; authorize necessary signatures. 16. Expense for Senior Management, for Month of July 2005. RECOMMENDED ACTION: Receive and file. 17. Proposed Assessment Rolls. Proposed Assessment Rolls have been prepared for forty-one (41) paving projects and it is necessary to set a public hearing date. Informal hearing with City personnel will be held October 3, 2005 at 11:00 a.m. RECOMMENDED ACTION: Set the hearing on the Proposed Assessment Rolls for 9:30 a.m., Tuesday, October 18, 2005 and direct the City Clerk to publish the notices of hearing at least once not less than 10 days prior to the date of the hearing. 18. Playground Rehabilitation and Development. (Districts III & VI) RECOMMENDED ACTION: 1) Approve the bonding resolution; 2) authorize initiation of the project and 3) authorize the necessary signatures. 19. Athletic Court Improvements. (Districts III & VI) RECOMMENDED ACTION: 1) Authorize initiation of the project; 2) approve the bonding resolution and 3) authorize the necessary signatures. 20. 2006/2007 Kansas Impaired Driving Deterrence Program. RECOMMENDED ACTION: Approve the application and authorize the necessary signatures. 21. Emergency Sanitary Sewer Repair. (District V) RECOMMENDED ACTION: Affirm the City Manager's Public Exigency approval of the project. 22. Police Mobile Radios. RECOMMENDED ACTION: Approve the project; adopt the bonding Ordinance and authorize the necessary signatures. 23. City of Wichita Health Care Facilities Refunding and Improvement Revenue Bonds, Series VIII-A, 2001 and Series III, 2004, Presbyterian Manors, Inc; replatting request, City of Salina Facilities. (District II) RECOMMENDED ACTION: Adopt the Resolution approving the request of the Tenant to replat at its Salina, Kansas Facilities and authorize the execution, attestation and delivery of the replatting documents, substantially in accordance with the forms attached to the Resolution as exhibits. 24. Technical and Water Rights Consultation Services for Auburn Hills. (District V) RECOMMENDED ACTION: Direct staff to negotiate the contract; authorize the necessary signatures and approve the necessary budget transfers. 25. Schweiter Park Improvements. (District I) RECOMMENDED ACTION: 1) Approve the bonding resolution; 2) authorize initiation of the project and 3) authorize the necessary signatures. 26. O.J. Watson Park. (District III) RECOMMENDED ACTION: 1) Approve and authorize the initiation of the project; 2) amend the bonding resolution and 3) authorize the necessary signatures. 27. Garvey Park. (District III) RECOMMENDED ACTION: 1) Adopt the bonding resolution; 2) authorize initiation of the project; 3) approve the transfer of funds to O.J. Watson Park CIP; and 4) authorize the necessary signatures. 28. Grove Park Trailhead. (District I) RECOMMENDED ACTION: Approve the project; adopt the resolution and authorize the signing of State/Federal agreements as required. 29. Gates Public Access Computer Hardware Upgrade Grant Program. RECOMMENDED ACTION: Authorize the Mayor to sign the grant application. 30. Merchant Services Fee Schedule. RECOMMENDED ACTION: Approve the revised merchant services agreement fee schedule and authorize the necessary signatures. 31. Homeless Assistance. RECOMMENDED ACTION: Approve the use of $12,500 of CSBG funds for the 2005-2006 winter emergency overflow shelter; authorize the City to participate in the RFP process used to procure a service provider and authorize the necessary signatures for the resulting contract. 32. Exceptions Request to HUD, Tax Time, Inc. RECOMMENDED ACTION: Direct Law Department to seek HUD concurrence that a proposal for a Section 108 Biz Loan to Tax Time, Inc. either does not contravene 24 CFR 570.489, or should be granted an exception under such regulation. 33. Exceptions Request to HUD, 13th Street and Grove Grocery Store. (District I) RECOMMENDED ACTION: Direct Law Department to seek HUD concurrence that a proposed loan guarantee for the 13th Street and Grove Grocery Store project either does not contravene 24 CFR 570.489, or should be granted an exception under such regulation. 34. CHDO Operating Grants. (Districts I, III, IV, V and VI) RECOMMENDED ACTION: Approve the recommended allocations and the funding agreements and authorize the necessary signatures. 35. Allocation of HOME funds; Deferred Loan Program and HOME Administration. RECOMMENDED ACTION: Approve the allocation of HOME funding for the Deferred Loan Program and HOME Program administration. 36. Corrected Resolution: Sanitary Sewer Main Benefit Fee for Reed's Cove Third Addition, south of 21st Street, east of 127th Street East. (District II) RECOMMENDED ACTION: Adopt the Resolution and authorize the necessary signatures. 37. Corrected Resolution: Sanitary Sewer Main Benefit Fee for Whistling Walk Estates Additions, south of 13th Street, west of 119th Street West. (District V) RECOMMENDED ACTION: Adopt the Resolution and authorize the necessary signatures. UNFINISHED BUSINESS 38. DR2005-00023-Initiate application for zone change from Limited Industrial to Central Business District for area generally located between St. Francis Avenue, William Street, BNSF railroad right-of-way, one-half block east of Commerce Street and Kellogg. (District I) (Deferred August 23, 2005) RECOMMENDED ACTION: Direct MAPD to initiate a general revision to the Unified Zoning Code per Exhibit "A". 39. DR2005-00024-Initiate application for zone change from Limited Industrial to Central Business District for area generally located between Second Street North, I-135, approximately 200 feet south of Douglas Avenue, between I-135 and Hydraulic Avenue, Hydraulic Avenue, Waterman Street, BNSF railroad right-of-way, Douglas Avenue and Washington Avenue. (District I) (Deferred August 23, 2005) RECOMMENDED ACTION: Direct MAPD to initiate general revision to the Unified Zoning Code per Exhibit "A". NEW BUSINESS (9:30 a.m. or soon thereafter) 40. Repair or Removal of Dangerous and Unsafe Structures. (Districts I and VI) On August 2, 2005, a report was submitted with respect to the dangerous and unsafe conditions on the properties listed below. The Council adopted a resolution providing for a public hearing to be held on these condemnation actions at 9:30 a.m. or soon thereafter, on September 13, 2005. Property Address Council District a. 305 North Madison I b. 1304 North Piatt I c. 1308 North Piatt I d. 1308 1/2 North Piatt I e. 2821 East 13th Street North I f. 1858 North Pennsylvania I g. 2444 North Minnesota I h. 2234 North Shelton VI RECOMMENDED ACTIONS: Close the Public Hearing; adopt the resolutions declaring the buildings dangerous and unsafe structures and accept the BCSA recommended action to proceed with condemnation allowing 10 days to start demolition and 10 days to complete removal of the structures. Any extensions of time granted to repair the structures would be contingent on the following: (1) All taxes have been paid to date, as of September 13, 2005; (2) the structures have been secured as of September 13, 2005 and will continue to be kept secured; and (3) the premises are mowed and free of debris as of September 13, 2005 and will be so maintained during renovation. 41. Wichita Employees' Retirement System, Proposed revision of City Code Section 2.28.180 to clarify Death and Survivor Benefits. The Wichita Employees' Retirement System provides survivor benefits in the event of either the death of a Retiree or an Employee. RECOMMENDED ACTION: Place the ordinance revising City Code Section 2.28.180 on first reading and authorize the necessary signatures. 42. Public Hearing and Adoption of Power CDC Redevelopment Project Plan. (District I) On June 3, 1997, the City Council established in the Northeast Redevelopment District for the purpose of utilizing tax increment financing ("TIF") to finance eligible improvements located within the district. On October 21, 2003, the City Council adopted an ordinance reducing the boundaries of the Redevelopment District to the area of the north side of 13th Street between Grove and Poplar. RECOMMENDED ACTION: It is recommended that the City Council continue the public hearing until September 20, 2005, approve first reading of the ordinance adopting the Power CDC Grocery Store Redevelopment Project Plan, approve the development agreement and adopt the bonding resolution. 43. HUD Consolidated Plan Annual Performance and Evaluation Report. The City is required to prepare a Consolidated Annual Performance and Evaluation Report (CAPER) for projects covered by the HUD Consolidated Plan. RECOMMENDED ACTION: Approve the HUD Consolidated Annual Performance and Evaluation Report; close the public Hearing and authorize the submission to the U.S. Department of Housing and Urban Development. 44. DR2004-000016-Central Northeast Area Plan Update, generally located east of Mosley, Washington and Mead, north of Kellogg and Central, west of Edgemoor, Pinecrest, Parkwood, Old Manor, Hillside and Oliver and south of 21st Street, 17th Street and the Union Pacific Railroad. (District I) In early January 2005, the City began working with a 22 member Steering Committee comprised of key area stakeholders and neighborhood representatives to evaluate the relevance of the goals outlined in the 1995 Plan and to identify priorities and action items for future implementation. RECOMMENDED ACTION: Adopt the Central Northeast Area Plan Update as an amendment to the Wichita-Sedgwick County Comprehensive Plan and place the ordinance on first reading. 44a. Proclamation of Emergency-Hurricane Katrina Disaster. Mayor Carlos Mayans issued a Proclamation of Emergency on September 7, 2005, proclaiming a disaster emergency arising from the Hurricane Katrina emergency, and the September 1, 205, Proclamation of the Governor of the State of Kansas, which activates the response and recovery aspects of the City, Sate and Federal disaster emergency plan and the initiation of aid and assistance for the disaster emergency. RECOMMENDED ACTION: The City Council extend the Proclamation of Emergency to continue the response and recovery emergency management plans and to continue aid and assistance until such time as the proclamation is rescinded by the Mayor or the City Council of the City of Wichita. PLANNING AGENDA NOTICE: Public hearing on planning items is conducted by the MAPC under provisions of State law. Adopted policy is that additional hearing on zoning applications will not be conducted by the City Council unless a statement alleging (1) unfair hearing before the MAPC, or (2) alleging new facts or evidence has been filed with the City Clerk by 5p.m. on the Wednesday preceding this meeting. The Council will determine from the written statement whether to return the matter to the MAPC for rehearing. * Consent Items 45. DR2005-18-South Central Neighborhood Plan Update. (Districts I and III) RECOMMENDED ACTION: Direct staff to update the 1995 Revitalization Plan for the south Central District and authorize the City Manager to appoint a Steering Committee to guide the plan update. 46. V-1769 Public Hearing to vacate a portion of a platted utility easement, generally located southwest of the Maple Street and Ridge Road intersection. (District V) RECOMMENDED ACTION: Approve the Vacation Order and authorize the necessary signatures. 47. *DR2005-00019-Request to amend the Official Oil and Gas Well District Map. (District I) RECOMMENDED ACTION: Adopt the ordinance amending the Official Oil and Gas Well District Map as recommended by the Metropolitan Area Planning Department. 48. *ZON2005-00031-Zone change from "LI" Limited Industrial to "CBD" Central Business District. Generally located east of Commerce, south of Waterman 410, 414, 420-424, and 524 South Commerce. (District I) RECOMMENDED ACTION: 1. Concur with the findings of the MAPC approving the zone change and approve the first reading of the ordinance establishing the Zone change, or; 2. Return the application to MAPC for reconsideration. 49. *SUB2005-47-Plat of Wichita Concrete Pipe Addition, located west of Broadway and on the south side of 37th Street North. (District VI) RECOMMENDED ACTION: Approve the documents and plat; authorize the necessary signatures and place the ordinance on first reading. 50. *SUB2005-53-Plat of Landfill Management Addition, located on the south side of MacArthur Road and east of the Kansas Turnpike. (District III) RECOMMENDED ACTION: Approve the documents and plat and authorize the necessary signatures. 51. *SUB2005-76-Plat of Newmarket Square Phase II Addition, located north of 21st Street North and on the west side of Maize Road. (District V) RECOMMENDED ACTION: Approve the documents and plat and authorize the necessary signatures. 52. *DED2005-23-Partial Dedication of Access Control and DED 2005-24-Dedication of Street Right-of-way for property located on the Northwest Corner of Central and Gilda. (District IV) RECOMMENDED ACTION: Accept the Dedication; place the zoning ordinance on first reading and authorize the necessary signatures. 53. *DED2005-25-Dedication of Access Control and DED 2005-26-Dedication of Street Right-of-way for property located south of Central and west of Tracy. (District IV) RECOMMENDED ACTION: Accept the Dedications. 54. *VAC2005-00011-Request to vacate platted access control, generally located north of Harry Street and east of Meridian Avenue. (District IV) RECOMMENDED ACTION: Approve the Vacation Order and authorize the necessary signatures. 55. *VAC2005-00021-Request to vacate platted alley right-of-way, generally located north of Douglas Avenue between Seneca and Sycamore Street. (District IV) RECOMMENDED ACTION: Approve the Vacation Order and authorize the necessary signatures. 56. *VAC2005-00023-Request to vacate a utility easement dedicated by separate instrument, generally located west of Greenwich Road and north of State Highway K-96. (District II) RECOMMENDED ACTION: Approve the Vacation Order and authorize the necessary signatures. 57. *A05-13R-Request by Mark Chappelle of Development Partnership to annex land generally located south of Pawnee Street between 135th Street and 119th Street. (District IV) RECOMMENDED ACTION: Approve the annexation request and place the ordinance on first reading. ___________________________________________________________________________________________ HOUSING AGENDA NOTICE: The City Council is meeting as the governing body of the Housing Authority for consideration and action on items on this Agenda, pursuant to State law, HUD, and City ordinance. The meeting of the Authority is deemed called to order at the start of this Agenda and adjourned at the conclusion. *Consent items. Inafay Grays-McClellan, Housing Member is also seated with the City Council. 58. *Amendment to the admissions and Continued Occupancy Policy (ACOP). RECOMMENDED ACTION: Approve the revision; adopt the Resolution; authorize the necessary signatures. AIRPORT AGENDA NOTICE: The City Council is meeting as the governing body of the Airport for consideration and action on items on this Agenda, pursuant to State law and City ordinance. The meeting of the Authority is deemed called to order at the start of this Agenda and adjourned at the conclusion. *Consent items 59. *Remote Parking Lot-Change Order, Wichita Mid-Continent Airport. RECOMMENDED ACTION: Approve the Change Order and authorize the necessary signatures. 60. *Security Gates and Parking Lot Improvements, Wichita Mid-Continent Airport. RECOMMENDED ACTION: Approve the Change Order and authorize the necessary signatures. 61. *Agreement-U.S. Dept. of Agriculture. RECOMMENDED ACTION: Approve the agreement and authorize the necessary signatures. 62. *Multi-Business Service Corporation d/b/a Minute-Buy Minute-S.A. No. 1. RECOMMENDED ACTION: Approve the Supplemental Agreement and authorize the necessary signatures. 63. *Southwest Area Site Development, Colonel James Jabara Airport. RECOMMENDED ACTION: Approve the contract and authorize the necessary signatures. 64. *Contract for outside legal services-Delta Airlines complaint with FAA regarding Airtran Airlines. RECOMMENDED ACTION: Approve the amendment to increase the maximum amount of fees and expenses that may be expended under the agreement with Palmer & Dodge to $75,000; increase the budget and authorize the necessary signatures. CITY COUNCIL 65. Board Appointments. RECOMMENDED ACTION: Make the appointments. Adjournment ***Workshop to follow*** City Council Meeting Page 15 September 13, 2005