MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, July 18, 2000 Tuesday, 9:07 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cole, Gale, Lambke, Martz, Pisciotte, Rogers; present. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Kim Moore, InterFaith Ministries. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. Minutes -- approved The minutes of the regular meeting of July 11, 2000, were approved 7 to 0. AWARDS AND PRESENTATIONS SERVICE CITATIONS Distinguished Service Citations were presented. RECOGNITION The Youth Council Executive Committee was recognized. PROCLAMATIONS Proclamations previously approved were presented. UNFINISHED BUSINESS EVERGREEN PARK FORMER ARTS & CRAFTS CENTER PROPERTY, 25TH AND ARKANSAS – REQUEST FROM COALITIONS COMMITTEE TO RECONSTRUCT FACILITY. (District VI) Cathy Holdeman City Manager’s Office reviewed the Item. Agenda Report No. 00-0621 A. The building located at 2601 North Arkansas that previously housed the City’s Arts & Crafts Center has been vacated by the Park Department with its relocation to CityArts in the downtown area. In February 1999, the City Council approved a lease with the SER organization to utilize this city-owned building for five years. The SER Corporation, on behalf of other tenant agencies, proposed to use this building for its main officers and social and human services. The City agreed to allocate $75,000 to perform repairs and building renovations to preserve the building; the Lessee (SER Corporation) was responsible for any building modifications to house the intended services. Following the execution of the Lease, SER requested that the City explore options to expand or construct a new (and larger) building to house the proposed services. An architectural firm was hired to determine what basic repairs would be needed to preserve the building and, for information purposes, what the estimated cost of expanding the building might be. The architectural valuation determined that to remodel the building and existing parking for the proposed use would cost approximately $560,000. This plan would not meet all of the spatial requirements of the proposed tenants, but would complete minimal interior demolition and reconfiguration of space, with improvements. The architect also provided information on an addition and a new building. These cost estimates are: Building addition on 2 levels $2.8 million Pre-Engineered metal building $ 2.1 million New Building $3.1 million Pre-Engineered metal building $1.9 million The SER organization, on behalf of the Coalitions Committee, supports the New Building option, using the pre- engineered metal building, using a $60/sf. The group is proposing that the City fund 1/3rd of the cost with the tenants/SER funding the balance of any project costs. The question before the City Council is whether or not a more practical option would be to utilize its funds to preserve its existing city-owned building for area community use, and to encourage the Coalition to construct a building at a different location within the Hispanic community for its intended purposes. The Board recently reviewed the proposed request from the SER Corp. and heard from area residents. It was the recommendation of the Board (to the city Council) that the building not be removed. Refer to the attached Minutes of the Board. The SER Corp. has the option to assume the use of the building under the terms/conditions of the lease executed in February 1999, or terminate the lease with the City and develop a larger new building on another site. The City Council has approved an allocation of $75,000 for use in repairing and preserving the existing building. Should the City wish to support a new facility, such funding would be subject to Capital Improvement programming and Park Department priorities. This building is under the authority of the Park and Recreation Advisory Board and is subject to its review and recommendation. The Board has previously approved the lease terms and conditions with the SER Corporation. Mayor Knight Mayor Knight inquired whether anyone wished to be heard. Hymie Lopez Hymie Lopez, Hispanic Coalition, said the vision was for a Hispanic center. The RFP was for Hispanic and Asian groups. The Coalition was the only agency that submitted a proposal that addressed the needs identified by the RFP. The City Manager asked that the needs of health, youth, and police also be looked at. There is also a need for a community meeting place. The needs of all groups, including neighborhood associations cannot be met with 14,000 square feet of space. Sam Lentz Sam Lentz, SER Chair, asked why it has taken 18 months to get something started. Paul Sanchez Paul Sanchez stated that many Hispanic organizations in the community need a central organization place to go to. There are a growing number of Hispanic in the area of 25th and Arkansas making the area an ideal place for a center. The present building will suffice but a larger building would be ideal. R. Alonzo R. Alonzo, SER Board, said he would like to see an end to the process. SER has proposed to pay for two-thirds of the building costs. SER, from its perspective, has done all it can do to move forward. Leo Casados Leo Casados, Boy Scouts of America, said the Boy Scouts would like a satellite station at the center. It would be advantageous to the Boy Scouts to have a location at 25th and Arkansas. Richard Lopez Richard Lopez, SER, said the current facility will only accommodate Head Start, SER, and ACTS – not the remainder of the requests for space. Wendell Turner Wendell Turner, Neighborhood Association member, said SER was to use the building immediately after it was leased. Several groups that were to house the facility under SER have since found new facilities. A new building is not affordable. Lola Howard Lola Howard, Neighborhood Association member, said the concern is to have the Evergreen building occupied and used. The Neighborhood Association would like to know who all will now occupy the building. Council Member Cole Council Member Cole said she would like to revisit the architect’s recommendations on renovations of the existing building. Ernie Garcia City Manager’s Office said the City Manager is interested in moving forward. There is a concern regarding cost but it is hoped the Council will be able to come to some resolution. Richard Lopez Richard Lopez said SER can make do with the present building but everyone else, except Head Start, SER, and ACTS would be eliminated. Another alternative would be to add on to the north end of the building; however, that alternative would be more expensive than a new structure. Rehabilitation can be started now, then SER can move into the existing building. Mayor Knight momentarily absent with Vice Mayor Lambke in the Chair. Council Member Cole Council Member Cole said that, as 21st Street is widened, there will be need for development in the area. Maybe some agencies could then move into the 21st Street area. The City should move ahead with renovation, house the three agencies, then see what additional room is needed. Motion -- Cole moved that representatives of the City meet with representatives of the three agencies; the basic rehabilitation of the existing building be determined; and Staff develop costs and a strategy to be returned to the City Council within 60 days. Subst. Motion -- Cole moved a substitute motion that the recommendation of the Park and Recreation Board be accepted and the -- carried building not be razed. Substitute motion carried 7 to 0. Motion -- Cole moved that a representative of the City meet with SER, and other agencies if desired, to determine the basic rehabilitation of the existing building and return in 60 days with dollar figures and a strategy. Amendment -- Pisciotte, with consent of the maker and second of the motion, moved to amend the motion to return in 30 days. Mayor Knight Mayor Knight asked that the project move forward and be completed. -- carried Motion, as amended, carried 7 to 0. NEW BUSINESS IRB BONDS – NMF ISSUANCE OF INDUSTRIAL REVENUE BONDS – NMF AMERICA, INC. (District II) Allen Bell Financial Projects Director reviewed the Item. Agenda Report No. 00-0688. On July 11, 2000, City Council approved a Letter of Intent to issue IRBs in the amount of $5 million and approved a 100% five-plus-five year property tax abatement to NMF America, Inc., and also approved a grant for $267,800 which was used to acquire a site at 9313 39th Street East, near Jabara Airport. Public Hearing was held on July 11, 2000, on the issuance of IRBs. Construction has begun on a 40,000 square foot manufacturing plant. The company is now ready for issuance of IRBs to finance the construction and equipping of the plant. NMF America, Inc. is a manufacturer of wing skins, with annual sales of $20 million. NMF America, Inc. manufacturing process involves the forming and finishing of aluminum wing panels used in the manufacture of business and regional jets, primarily for the Bombardier line of aircraft. NMF’s decision to come to the Wichita area was motivated in large part by Bombardier’s desire to have this prime sub-contractor located closer to what has become an important production center for Bombardier. They are also motivated by the opportunity to develop business relationships with the other aircraft manufacturers located in Wichita. The company plans to employ at least 100 workers at the Wichita plant by the end of the first five years of operation. Bonds will be underwritten by Stifel, Nicolaus & Company, Inc. and publicly reoffered to private investors. NMF America, Inc. agrees to comply with the City’s requirements contained in the Standard Letter of Intent Conditions prior to final issuance of the bonds. Bond proceeds are estimated to be used as follows: Land $ 235,375 Building $2,644,325 Equipment $2,120,300 Total Cost of Project $5,000,000 NMF America, Inc. agrees to pay all costs of issuing the bonds and agrees to pay the City's $2,500 annual IRB administrative service fee for the term of the bonds. The City Council has approved a 100% tax abatement of ad valorem property taxes on the expansion project. Bond documents have been prepared by Hinkle & Elkouri, bond counsel for the project. The City Attorney's Office will review and approve the final form of bond documents prior to the issuance of any bonds. Mayor Knight Mayor Knight inquired whether anyone wished to be heard and no one appeared. Motion -- Pisciotte moved that the bond documents be approved; the Ordinance be placed on first reading; and the necessary -- carried signatures be authorized. Motion carried 7 to 0. ORDINANCE An Ordinance authorizing the City of Wichita, Kansas (the “Issuer”), to issue its Industrial Revenue Bonds, Series II, 2000 (NMF America, Inc.) in the aggregate principal amount of $5,000,000 for the purpose of providing funds to acquire a site and construct improvements thereon and to acquire, purchase, and install certain machinery and equipment to be located in the City of Wichita, Kansas; prescribing the form and authorizing the execution of a Trust Indenture by and between the Issuer and Intrust Bank, N.A., Wichita, Kansas, as Trustee with respect to the Bonds; prescribing the form and authorizing the execution of a lease by and between NMF America, Inc., and the Issuer; prescribing the form of a Guaranty Agreement by and between NMF America, Inc., as Guarantor and Intrust Bank, N. A., Wichita, Kansas, as Trustee; and prescribing the form and authorizing the execution of a Bond Purchase Agreement by and between the issuer, NMF America Inc., and Stifel, Nicolaus & Company, Incorporated, as purchaser of the Bonds, introduced and under the rules laid over. THEFT ORDINANCE ORDINANCE PERTAINING TO THEFT OF MOTOR FUEL. Gary Rebenstorf Director of Law reviewed the Item. Agenda Report No. 00-0689. On July 1, 2000, the State of Kansas specifically prohibited the theft of motor fuel, more commonly referred to as a “gas run-off,” through the creation of a new state statute. Such theft has been classified as a Class “A” non-person misdemeanor, under the new statute. The proposed Ordinance would prohibit theft of motor fuel in the City of Wichita, and mandate an identical penalty in District and Municipal Courts. Mayor Knight Mayor Knight inquired whether anyone wished to be heard and no one appeared. Motion --carried Knight moved that the Ordinance be placed on first reading. Motion carried 7 to 0. ORDINANCE An Ordinance creating Section 5.42.090 of the Code of the City of Wichita, Kansas, pertaining to theft of motor fuel, introduced and under the rules laid over. CONSOLIDATED PLAN HUD CONSOLIDATED PLAN – SUBSTANTIAL AMENDMENTS. Tom Smith Grants-In-Aid Coordinator reviewed the Item. Agenda Report No. 00-0690. Staff has prepared several amendments to the 2000/2001 One-Year Action Plan. These include the following: (1) Home Improvement Loan/Grant Program - In 1976, the City Council approved a Community Development Block Grant (CDBG) revolving Home Energy Loan Program (HELP). The HELP program provided technical assistance and energy conservation loans Citywide to low and moderate income households. Participation in this program has declined over the years. The Housing Services Department has recommended this program be revised and replaced with an Inner-City Non-Revolving Home Improvement Loan/Grant Program. The proposed Home Improvement Loan/Grant Program provides a four (4) percent interest buy-down on home improvement loans issued by lenders to primarily low and moderate income households in inner-city areas. The inner-city area is bounded by I-235 to the west, Hillside to the east, 25th Street to the north, and Pawnee to the south. (2) Rehabilitation Code Consultant – On May 9, 2000, the City Council approved the Redevelopment Incentives Report which included development of a rehabilitation code. On June 15, 2000, Rehabilitation Code Consultants met with Wichita architects, engineers, builders, preservationists, building managers, and City Staff to encourage local communities to promote development of rehabilitation construction codes and use of HUD’s recently developed “Nationally Recognized Rehabilitation and Reconstruction Practices”. The first consultation was funded entirely with HUD technical assistance monies. The Office of Central Inspection is recommending that the City Council retain consulting assistance in the development of a construction code specifically written to address rehabilitation, reconstruction, and adaptive re-use of older buildings (becoming one of the first cities in the U.S. to implement a rehabilitation code to enhance inner-city redevelopment). (3) CHDO Boarded-Up Home Program - On March 17, 1998, the City Council voted to target HOME funds to the Local Investment Areas in an effort to create a “visible effect” of the City’s federal funding for housing and community development programs. Throughout these areas, there are a number of homes that are unoccupied and/or boarded-up, creating a blighting influence. Housing Services has recommended the implementation of the Community Housing Development Organization (CHDO) Boarded-Up Home Program to provide a funding mechanism to address boarded-up homes. The intent of the program is to reverse the blighting influence that boarded-up houses have in neighborhoods by providing zero (0) percent interest loans to CHDO’s operating within the Local Investment Areas. Consideration would also be given to homes referred by Neighborhood Associations identified as priority properties. The proposed CDBG substantial amendments are consistent with the City Council’s previous action to adopt the Redevelopment Incentives Task Force’s recommendations. The HOME substantial amendment is consistent with the City’s approved Neighborhood Revitalization Plan. The Home Improvement Loan/Grant Program will be funded from a one-time transfer of HELP program income in an amount not to exceed $280,000. The program will not be a revolving loan program. Future funding for the new Home Improvement Loan/Grant Program will be dependent on future appropriations from the annual CDBG allocation process. The Paint Grant substantial amendment redirects 2000/2001 funds already approved by the City Council and has no financial impact. The Rehabilitation Code Consultants will be funded from balances from prior year completed CDBG projects in the amount of $25,000. The CHDO Boarded-Up Home Program will be funded from balances from prior year completed HOME projects in the amount of $200,000. HUD regulations require that citizens be allowed 30-days to comment on all substantial amendments to the City’s Consolidated Plan. All citizen comments received will be presented to the City Council for consideration before the amendment is adopted. HUD must be notified of approved amendments to the Consolidated Plan before they can be implemented. Mayor Knight Mayor Knight inquired whether anyone wished to be heard and no one appeared. Council Member Rogers Council Member Rogers asked that the City Manager and Staff expedite the process as much as possible. It is incumbent on the City Manager’s Office to inform the public of the actions taken by the City and to encourage citizens to utilize available resources. Motion -- Rogers moved that the 30-day public comment period be authorized and the substantial amendments, subject to -- carried citizen comments received, be approved. Motion carried 7 to 0. BUDGET PUBLIC COMMENT ON PROPOSED 2001-2002 ANNUAL OPERATING BUDGET. Mayor Knight Mayor Knight inquired whether anyone wished to be heard and no one appeared. DEACCESSION OF ART DEACCESSION OF ART OBJECTS. Cathy Holdeman City Manager’s Office reviewed the Item. The Wichita Art Museum recommends that the City Council approve disposition of thirty-four works of art in conformance with the Collection Management Policy of the Wichita Art Museum. The works of are as follows: 1) Australian Aboriginal Art, 20th Century (15) paintings on bark. 2) African Art, 20th Century (4) carved wood figures (Baule, Senufo, Makondie). 3) African Art, 20th Century Fetish carving of carved ebony Makondie). 4) African Art, 20th Century Fetish carving of carved ebony (Makondie). 5) African Art, 20th Century (2) carved figures (Senufo). 6) New Guinea Middle Sepik River, 20th Century dance costume woven rattan with natural mud slip. 7) Carl Brodie sculpture, title unknown (American). 8) African Art, 20th Century (5) wood object (Baule, Dogon, Dan, Senufo, Ashanti). 9) Oceanic Art, gift box of carved wood and metal (Melanesia). 10) Oceanic Art, standing male figure carved wood with Obsidian and bone (Polynesian). 11) The Shadu, 20th Century blind young man carved soapstone sculpture (African). 12) Pair of Coffee Urns, late 19th Century silver plate with ornamental work (German). 13) Pair of lidded vases, 19th Century porcelain (possibly German). 14) Cupid stabbing a flaming heart, German, 19th Century porcelain figure (Meissen). 15) Cupid caught in a trap, German, 19th Century porcelain figure (Meissen). 16) Cupid climbing a tree, German, 19th Century porcelain figurine (Meissen). 17) Love is Blind, German, 19th Century porcelain figure (Meissen). 18) Summer, German, 19th Century porcelain figure (Meissen). 19) Bird-Catchers, German, 19th Century porcelain figure (Meissen). 20) Astronomy, German, 19th Century porcelain figure (Meissen). 21) Zeus and Venus, German, 19th Century porcelain figurine group (Meissen). 22) Europa and the Bull, German, 19th Century porcelain figurine group (Meissen). 23) Centerpiece, German, 20thCentury porcelain (Meissen). 24) Three-Section Sweetmeat Dish, 20th Century porcelain (German). 25) Thirty-two (32) Dolls European and American, 19th Century and 20th Century (primarily German). 26) Totems, Anthony John Sorce, 1937 (American). 27) Floating platform sculpture in steel and plastic, Peter D. Hoell (American). 28) Pitcher Central European or Spanish, 19th Century tin-glazed earthenware. 29) Pitcher French, 29th Century tin-glazed earthenware. 30) Pitcher Continental, late 19th Century or early 20th Century, tin-glazed earthenware (French ca. 1900). 31) Bowl, late 17th Century or early 18th Centurytin-glazed earthenware (Spanish ca. 1700). 32) Bowl, late 18th Century or early 19th Century, tin-glazed earthenware (French). 33) Double Cup, late 18th Century or early 19th Century, tin-glazed earthenware (French Continental). 34) Ink Stand, 19th Century tin-glazed earthenware (French). Motion -- carried Knight moved that the de-accession be approved and the necessary signatures be authorized. Motion carried 7 to 0. HOUSING ORDINANCE ALTERNATIVE CORRECTIONAL HOUSING ORDINANCE. Gary Rebenstorf Director of Law reviewed the Item. Agenda Report No. 00-0693. The Alternative Correctional Housing Advisory Board, currently chaired by Council Member Joan Cole, has been in existence for almost four years as a joint board of the City of Wichita and Sedgwick County. The board had been responsible for the regulation and licensing of Alternative Correctional Housing facilities in both the city and the county. On May 10, 2000, the Sedgwick County Commission adopted a resolution that terminated the County’s participation on the board, which also ended the board’s ability to regulate correctional housing facilities outside the city limits. In addition to changing the jurisdiction of the board, the County’s resolution has also impacted half of the current membership of the board, as 10 of the 21 members were appointed by the County Commission. Several of the members appointed by the County have expressed a desire to remain on the board and continue to participate in the regulation of correctional housing facilities within the City of Wichita. Accordingly, the current ordinance must be amended to eliminate all references to a joint City-County board, as well providing for appointment of all board members by the Mayor, with the City Council’s approval. In addition to the changes necessitated by the County’s action, over the past few months, concern has arisen among board members that the current ordinance allows licensed providers to serve as members. As a result, the board is also recommending changes to the composition of the board’s membership that is reflected in the proposed amendment. The proposed amendments to the various sections of the Alternative Correctional Housing ordinance change the name of the board to the Wichita correctional housing board, and eliminate all references to the County’s participation on the board or in the regulation of correctional housing facilities. The proposed amendment to Section 20.08.020 of the City Code provides that all members of the board will be appointed by the Mayor with the approval of the City Council. In addition, the size of the board is reduced from 21 members to 19 voting members. The composition of the board is altered by eliminating the members from ALARM (at that organization’s request), the Sedgwick County Commission, a federal residential correctional facility and an alcohol and drug treatment program. Added to the composition of the board is a representative from the federal probation office and a member with expertise in alcohol and drug treatment. The proposed amendment also provides that no voting member can be a representative of a provider licensed pursuant to the ordinance, but does add two non-voting members to the board who are representatives of licensed providers. Finally, the proposed amendment to Section 20.08.090 provides that licensed service providers may not employ persons who are under the supervision of a local court. This section of the current ordinance only prohibits providers from hiring persons under the supervision of a federal or state court, and is inconsistent with the minimum standards contained in Section 20.08.110 of the current ordinance, which contains a prohibition against hiring persons who are on probation to a federal, state or local court. Accordingly, the change was proposed to make all sections of the ordinance consistent. In addition to the proposed ordinance amendment, the bylaws of the alternative correctional housing board have been amended to reflect the Sedgwick County Commission’s resolution terminating their participation on the board. The bylaw amendments were reviewed by the board at their last meeting and the changes were informally agreed upon by the members. However, official approval could not take place, as the amendments had not been provided to the members five days in advance, as required by the current bylaws. Accordingly, the proposed bylaws are being submitted for the Council’s approval subject to the final approval of the board. The board will be considering the bylaw amendments at their next meeting on July 27, 2000, and it is anticipated that final approval will be obtained at that time. Mayor Knight Mayor Knight inquired whether anyone wished to be heard and no one appeared. Council Member Cole Council Member Cole explained that Sedgwick County has committed to having a Sedgwick County Department of Corrections representative set on the Board. Council Member Rogers Council Member Rogers, long-time Parole Board member, said a felon will probably get back into society at some point. Jails have trustees who have demonstrated an ability to have extra privileges, based on behavior. People coming out of prison cannot move from prison to a house without all kinds of supervision. People running sweepers, doing maintenance, driving buses, etc., are not supervising. Behavior has to be monitored. There must be behavior background in order to have a behavior analysis. The Ordinance would prohibit employment paid or unpaid persons that would make it impossible to monitor behavior. Boards keep being created where enough government agencies exist to do what the boards are being created to do. Alternative Correctional Housing at this level can manage itself, all that is needed is financial audits to determine that the housing is being run properly. Council Member Pisciotte Council Member Pisciotte stated that the proposed Ordinance might impact the ability of the Dodge House to remain open. It is unsure that a nineteen-member Board is needed. If the Board should continue, Council Member Pisciotte said he had concerns regarding the makeup of the Board. There should be an opportunity for all City Council members to participate. The Board should have broader based representation. Mayor Knight momentarily absent; Vice Mayor Lambke in the Chair. Council Member Cole Council Member Cole said to say there is no need for the Board or an Ordinance may be a mistake at this time because major changes are being looked at on a statewide basis. The State is looking at revising the juvenile justice system; this might also impact the need for the Board and Ordinance. A representative from the State Parole Office has indicated that house arrest is being considered to a greater degree than in the past. Motion -- Rogers moved that the Ordinance be placed on first reading with the following amendments: 1) the word “supervisory” be inserted in the first sentence of Section 20.08.090 (c) between the words “unpaid” and “persons” to have the sentence read, “In addition to the records check for owners and managers of the facility, the facility must establish a personnel policy which prohibits employment of paid or unpaid supervisory persons who;” and 2) the word “supervisory” be inserted in the second sentence of Section 20.08.110(a)(16) between the words “unpaid” and “persons” to have the sentence read, “The facility will establish a personnel policy that prohibits employment of paid or unpaid supervisory persons with any of the following;” and that adoption of the ordinance be deferred 30 days to allow Staff time to develop recommendations as to how isolated parts of the Ordinance’s responsibilities can be delegated to current City departments. Council Member Cole Council Member Cole said she the Board had struggled with how to define the word “supervisory.” and that she would like to be able to convene the original Board to advice of the proposed elimination of the Board and Program. Mayor Knight Mayor Knight said the City still has trouble getting information needed regarding the number of parolees in Wichita. Council Member Pisciotte Council Member Pisciotte said he did not mean to imply the Board in its entirety ought to be eliminated but that the goals should be revisited. Council Member Rogers Council Member Rogers said the goal is not to eliminate the Board but to examine what parts can be regulated by existing departments of the City. -- carried Motion carried 6 to 1. Cole – No. GO BOND/NOTE SALE GENERAL OBLIGATION TEMPORARY NOTE SALE (SERIES 201) AND GENERAL OBLIGATION BOND SALE (SERIES 760, 761, AND 763). Agenda Report No. 00-0694. The City is offering for sale one series of General Obligation Temporary Notes totaling $18,400,000 and three series of General Obligation Bonds totaling $32,615,000 for the purpose of providing temporary and permanent financing for duly authorized capital improvement projects of the City. The proceeds of the Series 201 Temporary Notes will be used to provide interim financing for various City-at-large and improvement district projects. The proceeds of the Series 760 Bonds will be used to permanently finance various neighborhood improvements located in special improvement districts. The proceeds of the Series 761 Bonds will be used to permanently finance various City-at-large capital improvement projects. The proceeds of the Series 763 Bonds will be used to permanently finance improvements at the Auburn Hills Golf Course. Bids, written and/or electronic, will be accepted until 10:30 a.m. CST at the City Council Office, at which time the bids will be publicly opened. No bids will be accepted after the 10:30 a.m. deadline. The bids will be verified, tabulated and presented to the City Council at 11:30 a.m. By law, the City must award the sale of the bonds and notes to the bidder whose proposed interest rates result in the lowest net interest cost to the City. The Series 201 Temporary Notes will mature February 22, 2000, and will be retired using cash, the proceeds of both permanent financing bonds, and renewal notes issued at that time. The Series 760 Bonds will mature serially over fifteen years and will be paid from special assessments that are levied against benefited property. The Series 761 Bonds will mature over ten years and will be paid from the citywide mill levy for debt service and the revenues accruing to various City enterprise funds. The Series 763 will mature over 15 years and will be paid from golf revenues. The Series 760 and 763 Bonds will be callable in 2007 the Series 761 Bonds will be callable in 2005, with a 1% call premium, in accordance with the City’s debt management policy. The bids were opened and tabulated. The Assistant Director of Finance read the recommended bids as follows: Ray Trail Director of Finance reviewed the low bids as follows: General Obligation Bonds, Series 760 - $17,050,000 Harris Trust Total Interest Cost to Maturity at Rate Specified $8,016,215.21 Less Premium 271.00 Net Interest Cost to Maturity $8,015,944.21 Net Average Interest Rate 5.1567 General Obligation Bonds, Series 761 - $8,310,000 Piper Jaffry Total Interest Cost to Maturity at Rate Specified $2,371,072.92 Less Premium 88.55 Net Interest Cost to Maturity $2,370,984.37 Net Average Interest Rate 4.895188 General Obligation Bonds, Series 763 - $7,255,000 Harris Savings Bank Total Interest Cost to Maturity at Rate Specified $3,501,466.67 Less Premium 281.00 Net Interest Cost to Maturity $3,501,248.67 Net Average Interest Rate 5.1520 General Obligation Improvement Temporary Notes - $18,400,000 Bank of America Total Interest Cost to Maturity at Rate Specified $ 454,888.89 Less Premium 57,777.00 Net Interest Cost to Maturity $ 397,111.89 Net Average Interest Rate 4.3649 Mayor Knight Mayor Knight inquired whether anyone wished to be heard and no one appeared. Motion -- Knight moved that the sale of the Bonds and Notes be awarded as outlined above; the Declarations of Emergency be approved and the Mayor be authorized to sign; the Ordinances be placed on their passage and adopted on the date of their introduction, all in accordance with K.S.A. 12-3001; and the necessary signatures be authorized. -- carried Motion carried 7 to 0. ORDINANCES NO. 44-677 An Ordinance authorizing and providing for the issuance of General Obligation Renewal and Improvement Temporary Notes, Series 201, of the City of Wichita, Kansas, in the total principal amount of $18,400,000, for the purpose of providing the necessary funds to renew a portion of the principal amount of temporary notes previously issued for the interim financing of costs in connection with previously commenced capital improvements in the City, and for the interim financing of costs in connection with newly commenced capital improvements in the City; prescribing the terms and details of the notes; providing for the payment of the principal of and the interest on the notes; and making certain other covenants and agreements with respect thereto. Knight moved that the Ordinance be placed on its passage and adopted on the date of its introduction, all in accordance with K.S.A. 12-3001. ORDINANCE NO. 44-678 An Ordinance authorizing and providing for the issuance of General Obligation Bonds, Series 760, of the City of Wichita, Kansas, in the total principal amount of $17,050,000, for the purpose of providing the necessary funds to pay costs in connection with the making of capital improvements in the City; prescribing the terms and details of the Bonds; providing for the levy and collection of an annual tax for the purpose of providing for the payment of the principal of and the interest on the Bonds, as it becomes due and payable; and making certain other covenants and agreements with respect to the Bonds. Knight moved that the Ordinance be placed on its passage and adopted on the date of its introduction, all in accordance with K.S.A. 12-3001. ORDINANCE NO. 44-679 An Ordinance authorizing and providing for the issuance of General Obligation Bonds, Series 761, of the City of Wichita, Kansas, in the total principal amount of $8,310,000, for the purpose of providing the necessary funds to pay costs in connection with the making of capital improvements in the City; prescribing the terms and details of the Bonds; providing for the levy and collection of an annual tax for the purpose of providing for the payment of the principal of and the interest on the Bonds, as it becomes due and payable; and making certain other covenants and agreements with respect to the Bonds. Knight moved that the Ordinance be placed on its passage and adopted on the date of its introduction, all in accordance with K.S.A. 12-3001. ORDINANCE NO. 44-680 An Ordinance authorizing and providing for the issuance of General Obligation Bonds, Series 763, of the City of Wichita, Kansas, in the total principal amount of $7,255,000, for the purpose of providing the necessary funds to pay costs in connection with the making of capital improvements in the City; prescribing the terms and details of the Bonds; providing for the levy and collection of an annual tax for the purpose of providing for the payment of the principal of and the interest on the Bonds, as it becomes due and payable; and making certain other covenants and agreements with respect to the Bonds. Knight moved that the Ordinance be placed on its passage and adopted on the date of its introduction, all in accordance with K.S.A. 12-3001. CITY COUNCIL AGENDA APPOINTMENTS BOARD/COMMISSION APPOINTMENTS. Motion -- Gale appointed Iola Crandall (DAB IV), and June Bailey (Comprehensive Plan Citizen Review Committee) and -- carried moved that the appointments be approved. Motion carried 7 to 0. Motion -- Cole appointed C. Bickley Foster (Comprehensive Plan Citizen Review Committee) and moved that the -- carried appointment be approved. Motion carried 7 to 0. PROCLAMATIONS PROCLAMATIONS: There were no proclamations presented. CONSENT AGENDA Knight moved that the Consent Agenda, except Item 27d, and including Addendum Item 25a, be approved in accordance with the recommended action shown thereon. Motion carried 7 to 0. BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED JULY 17, 2000. Bids were opened July 14, 2000, pursuant to advertisements published on: Water main replacement Davidson-Smithson Neighborhood - south of Central, west of Meridian. (448- 89411/636095/779175) Traffic to be maintained during construction using flagpersons and barricades. (Districts IV and VI) Mies Construction - $1,046,851.94 Sewer reconstruction at Central & Hillside - south of Central, west of Hillside. (468-83078/620275 /669400) Traffic to be maintained during construction using flagpersons and barricades. (District I) Mies Construction - $21,660.00 Rock Road Accel/Decel Lane to serve part of Lot 1, Kellogg Mall Addition - Rock Road south of Douglas. (472- 83222/765636/490747) Traffic to be maintained during construction using flagpersons and barricades. (District II) Kansas Paving Company - $477,764.00 (Negotiated at Engineer’s estimate) Knight moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the and the necessary signatures be authorized. Motion carried 7 to 0. PARK & RECREATION DEPARTMENT/GOLF COURSE MAINTENANCE DIVISION: Water Treatment System. (170258) Porta Via Water Co., LLC; dba The Good Water Co. - $38,000.00 (Total net bid) VARIOUS DEPARTMENTS/NA DIVISIONS: Air Conditioning/Furnace Filters. (130849) Wichita Air Filter Supply Co. -$ .75 (Item 1/per each) $ 1.39 (Item 2/per each) $ .71 (Item 3/per each) $ .71 (Item 4/per each) $ .99 (Item 5/per each) $ 71 (Item 6/per each) $ .80 (Item 7/per each) $ 1.77 (Item 8/per each) $ 1.39 (Item 9/per each) $ 1.04 (Item 10/per each) $ 1.87 (Item 11/per each) $ 1.10 (Item 12/per each) $ 1.49 (Item 13/per each) $ 1.10 (Item 14/per each) $ 1.20 (Item 16/per each) $ 1.25 (Item 17/per each) $ .79 (Item 18/per each) $ 1.59 (Item 19 Per each) $ 2.75 (Item 20 Per each) $ 4.91 (Item 21 Per each) $ 4.25 (Item 22 Per each) $ 4.25 (Item 23 Per each) $ 2.29 (Item 24 Per each) $ 2.25 (Item 25 Per each) $ 2.25 (Item 26 Per each) $ 2.57 (Item 27 Per each) $ 5.05 (Item 28 Per each) $ 2.57 (Item 29 Per each) $ 4.53 (Item 30 Per each) $ 2.79 (Item 31 Per each) $ 4.95 (Item 32 Per each) $ 2.99 (Item 33 Per each) $ 3.09 (Item 34 Per each) $ 3.53 (Item 35 Per each) $ 2.43 (Item 36 Per each) $ 2.79 (Item 37 Per each) $ 2.63 (Item 38 Per each) $ 3.40 (Item 39 Per each) $ 2.45 (Item 40 Per each) $ 2.85 (Item 41 Per each) $ 3.09 (Item 42 Per each) $ 4.99 (Item 43 Per each) $ 4.89 (Item 44 Per each) $ 5.25 (Item 45 Per each) $ 2.85 (Item 46 Per each) $ 3.29 (Item 47 Per each) $ 3.20 (Item 48 Per each) $ 3.59 (Item 49 Per each) $ 5.59 (Item 50 Per each) $ 5.90 (Item 51 Per each) $117.00 (Item 52 Per each) $130.00 (Item 53 Per each) $130.00 (Item 54 Per each) Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid, and the necessary signatures be authorized. Motion carried 7 to 0. LICENSE APPLICATION FOR LICENSE FOR ADULT ENTERTAINMENT ESTABLISHMENTS/SERVICES: New Escort Service. George Watley Enter 2001 1328 East Douglas Motion -- carried Knight moved that the license be approved subject to Staff approval. Motion carried 7 to 0. PLANS AND SPECS. SUBDIVISION PLANS AND SPECIFICATIONS. There were no sub-division plans and specifications submitted. PRELIMINARY EST. PRELIMINARY ESTIMATES: a. Water distributions system to serve Shelly's Orchard Addition - north of Pawnee, east of Maize. (448- 89236/734965/470635) Does not affect existing traffic. (District V) - $90,000.00 b. Water distribution system to serve Byron and Byron Court, Woodland-Westfield Second Addition - north of Maple, west of Tyler. (448-89453/734959/470629) Does not affect existing traffic. (District V) - $63,000.00 c. Storm Water Sewer No. 527 to serve Highland Springs Second Addition - west of 135th Street West, south of Central. (468-83033/751287/485178) Does not affect existing traffic. (District V) - $292,000.00 d. Limuel from the north line of the Plat, south to and including the cul-de-sac to serve Auburn Hills 10th Addition - south of Maple, east of 135th Street West. (472-83242/765638/490749) Does not affect existing traffic. (District V) - $49,000.00 e. 119th Street West Water Supply Line, Phase 1 - 119th Street West, Mickey to Maple. (448- 89435/633716/750557) Traffic to be maintained during construction using flagpersons and barricades.. (District V) - $170,005.50 f. Ralph Wulz Riverside Tennis Center, Court #1 Reconstruction, Phase 1 to serve Ralph Wulz Riverside Tennis Center - north of Central, east of Seneca. (472-83240/785015/391147) Does not affect existing traffic. (District VI) - $70,000.00 Motion -- carried Knight moved that the Preliminary Estimates be approved and filed. Motion carried 7 to 0. STATEMENTS OF COST STATEMENTS OF COST: a) Improving water supply line to serve Dillon 12th Addition, Chapel Hill Addition, Unplatted Tracts No. 1, 2, and 3; including water line extension across Greenwich Road - north and south of 13th Street North, east of Greenwich Road. Total Cost - $221,107.09 (plus idle fund interest - $1,859.41, plus temporary note interest - $10,408.50). Financing to be issued at this time- $233,375.00. (734920/448-89173/470-590). b) Improving Lateral 440, Southwest Interceptor Sewer to serve Barefoot Bay Second Addition - south of 29th Street North, west of Hoover. Total Cost - $44,516.13 (plus idle fund interest - $850.37, plus temporary note interest - $1,237.50). Financing to be issued at this time - $46,604.00. (743810/468-83035/480-498). c) Improving Lateral 429, Southwest Interceptor Sewer to serve Ridge Port North Addition - south of 37th Street North, east of Ridge Road. Total Cost - $398,145.22 (plus idle fund interest - $13,538.78, plus temporary note interest - $10,450.00). Financing to be issued at this time - $422,134.00. (743809/468-82987/480-497). d) Improving Storm Water Drain No. 146 to serve Smithmoor Ninth Addition - south of Harry, west of Greenwich Road. Total Cost - $48,439.01 (plus idle fund interest - $1,567.49, plus temporary note interest - $1,237.50). Financing to be issued at this time - $51,244.00. (751279/468-82994/485-170). e) Improving water distribution system to serve Rainbow Lakes Third Addition - north of Maple, east of 135th Street West. Total Cost - $24,257.21 (plus idle fund interest - $957.29, plus temporary note interest - $687.50). Financing to be issued at this time - $25,902.00. (734911/448-89321/470-581). f) Improving water distribution system to serve Belle Terre South Addition - south of Kellogg, west of 159th Street East. Total Cost - $79,317.08 (plus idle fund interest - $109.96, plus temporary note interest - $4,878.96). Financing to be issued at this time - $84,306.00. (734906/448-89179/470-576). g) Improving water distribution system to serve Belle Terre South Addition - south of Kellogg, west of 159th Street North. Total Cost - $101,319.49 (plus idle fund interest - $113.32, plus temporary note interest - $6,138.19). Financing to be issued at this time - $107,571.00. (734907/448-89180/470-577). h) Improving water supply line to serve Balthrop Addition and Unplatted Tract - north of Central, east of Greenwich Road. Total Cost - $38,434.01 (plus idle fund interest - $402.99, plus temporary note interest - $1,721.00). Financing to be issued at this time - $40,558.00. (734921/448-89023/470-591). i) Improving Lateral 328, Southwest Interceptor Sewer to serve Wilderness at the Park Addition - south of Pawnee, east of Maize Road. Total Cost - $41,226.47 (plus idle fund interest - $1,374.53, plus temporary note interest - $1,100.00). Financing to be issued at this time - $43,701.00. (743807/468-82353/480-495). j) Improving water distribution system to serve Unplatted Tracts - along Arkansas Avenue, north of 43rd Street North. Total Cost - $14,400.00 (plus idle fund interest - $487.44, plus temporary note interest - $1,134.56). Financing to be issued at this time - $16,022.00. (734764/448-89259/470-554). k) Improving Lateral 380, Southwest Interceptor Sewer to serve Oak Ridge Second Addition - north of 29th Street North, east of Tyler Road. Total Cost - $26,004.97 (plus idle fund interest - $589.53, plus temporary note interest - $687.50). Financing to be issued at this time - $27,282.00. (743817/468-82727/480-505). l) Improving Lateral 2, Main 18, Southwest Interceptor Sewer to serve Hickory Creek Estates - south of 13th Street North, west of 119th Street West. Total Cost - $125,210.49 (plus idle fund interest - $5,180.51, plus temporary note interest - $3,300.00). Financing to be issued at this time - $133,691.00. (743812/468-82563/480- 500). m) Improving Storm Water Drain No. 144 to serve Ridge Port North Addition and Unplatted Tract - south of 37th Street North, east of Ridge Road. Total Cost - $446,368.78 (plus idle fund interest - $16,921.72, plus temporary note interest - $11,687.50). Financing to be issued at this time - $474,978.00. (751278/468-82988/485- 169). n) Improving water distribution system to serve Oak Ridge Second Addition - north of 29th Street North, east of Tyler Road. Total Cost - $19,968.77 (plus idle fund interest - $646.73, plus temporary note interest - $467.50). Financing to be issued at this time - $21,083.00. (734946/448-89154/470-616). o) Improving water distribution system to serve Smithmoor Ninth Addition - south of Harry, west of Greenwich Road. Total Cost - $52,201.60 (plus idle fund interest - $2,266.40, plus temporary note interest - $1,375.00). Financing to be issued at this time - $55,843.00. (734938/448-89387/470-608). p) Improving water distribution system to serve Willowbend North Estates Addition - west of Rock Road, south of 45th Street North. Total Cost - $62,953.96 (plus idle fund interest - $2,864.04, plus temporary note interest - $1,650.00). Financing to be issued at this time - $67,468.00. (734935/448-89393/470-605). q) Improving water distribution system to serve Hybritech Wheat Addition - east of Meridian, north of 53rd Street North. Total Cost - $$5,200.00 (plus idle fund interest - $665.00, plus temporary note interest - $0.00). Financing to be issued at this time - $5,865.00. (734079/448-89171/470-585). r) Improving water distribution system to serve an Unplatted Tract - west of Meridian, south of 61st Street North. Total Cost - $3,620.00 (plus idle fund interest - $461.00, plus temporary note interest - $0.00). Financing to be issued at this time - $4,081.00. (734061/448-89185/470-484). s) Improving water distribution system to serve Woodland Lakes Estates Second Addition - north of Harry, east of Greenwich Road. Total Cost - $62,476.52 (plus idle fund interest - $2,445.98, plus temporary note interest - $1,787.50). Financing to be issued at this time - $66,710.00. (734915/448-89365/470-585). t) Improving water distribution system to serve The Legacy Addition - west of Meridian, south of MacArthur. Total Cost - $46,637.22 (plus idle fund interest - $2,044.28, plus temporary note interest - $1,237.50). Financing to be issued at this time - $49,919.00. (734931/448-89392/470-601). u) Improving water distribution system to serve Northridge Lakes Addition - south of 29th Street North, east of Tyler Road. Total Cost - $53,415.88 (plus idle fund interest - $1,961.12, plus temporary note interest - $1,430.00). Financing to be issued at this time - $56,807.00. (734943/448-89224/470-613). v) Improving Lateral 62, Main 9, Sanitary Sewer No. 23 to serve Willowbend Estates Addition - west of Rock Road, south of 45th Street North. Total Cost - $95,079.26 (plus idle fund interest - $4,166.24, plus temporary note interest - $2,612.50). Financing to be issued at this time - $101,858.00. (743808/468-82998/480-496). w) Improving water distribution system to serve Sunnyside Village Addition - south of Kellogg, west of Hillside. Total Cost - $37,000.00 (plus idle fund interest - $553.70, plus temporary note interest - $1,580.30). Financing to be issued at this time - $39,134.00. (734912/448-89278/470-582). x) Improving water distribution system to serve Maple Dunes Addition - north of Maple, east of 135th Street West. Total Cost - $9,041.72 (plus idle fund interest - $465.28, plus temporary note interest - $0.00). Financing to be issued at this time - $9,507.00. (734952/448-89150/470-622). y) Improving Lateral 320, Southwest Interceptor Sewer to serve Wheatland Addition - south of MacArthur, west of Hoover. Total Cost - $31,501.71 (plus idle fund interest - $767.29, plus temporary note interest - $825.00). Financing to be issued at this time - $33,094.00. (743823/468-82290/480-511). z) Improving Lateral 38, Main 15, Southwest Interceptor Sewer to serve an Unplatted Tract - north of 21st Street North, east of Ridge Road. Total Cost - $26,000.00 (plus idle fund interest - $650.50, plus temporary note interest - $687.50). Financing to be issued at this time - $27,338.00. (743801/468-82995/480-489). aa) Improving water distribution system to serve Belriv Addition - north of Kellogg, west of 159th Street East. Total Cost - $70,467.81 (plus idle fund interest - $2,020.19, plus temporary note interest - $1,925.00). Financing to be issued at this time - $74,413.00. (734941/448-89395/470-611). bb) Improving water distribution system to serve Ridge Port North Addition - south of 37th Street North, east of Ridge Road. Total Cost - $236,708.52 (plus idle fund interest - $6,422.48, plus temporary note interest - $6,325.00). Financing to be issued at this time - $249,456.00. (734937/448-89389/470-607). cc) Improving Lateral 435, Southwest Interceptor Sewer to serve Unplatted Tracts - south of Kellogg, west of Maize Road. Total Cost - $26,540.91 (plus idle fund interest - $617.59, plus temporary note interest - $687.50). Financing to be issued at this time - $27,846.00. (743804/468-83012/480-492). dd) Improving water distribution system to serve Hickory Creek Estates - south of 13th Street North, west of 119th Street West. Total Cost - $58,843.46 (plus idle fund interest - $2,274.54, plus temporary note interest - $1,540.00). Financing to be issued at this time - $62,658.00. (734942/448-88982/470-612). ee) Improving Lateral 387, Southwest Interceptor Sewer to serve Northridge Lakes Addition - south of 29th Street North, east of Tyler Road. Total Cost - $73,110.97 (plus idle fund interest - $2,939.03, plus temporary note interest - $1,925.00). Financing to be issued at this time - $77,975.00. (743811/468-82783/480-499). ff) Improving Lateral 60, Main 4, Southwest Interceptor Sewer to serve Unplatted Tracts - north of Maple, east of Tyler Road. Total Cost - $8,560.00 (plus idle fund interest - $344.00, plus temporary note interest - $0.00). Financing to be issued at this time - $8,904.00. (743820/468-83043/480-508). gg) Improving Lateral 77, Main 22, War Industries Sewer to serve Mediterranean Plaza Addition - north of 29th Street North, east of Rock Road. Total Cost - $10,545.59 (plus idle fund interest - $498.41, plus temporary note interest - $275.00). Financing to be issued at this time - $11,319.00. (743806/468-83017/480-494). hh) Improving Lateral 32, Main 9, Sanitary Sewer No. 23 to serve Frank and Johnny’s Addition - north of 37th Street North, west of Rock Road. Total Cost - $47,622.28 (plus idle fund interest - $1,344.22, plus temporary note interest - $1,237.50). Financing to be issued at this time - $50,204.00. (743816/468-81835/480-504). ii) Improving Lateral 436, Southwest Interceptor Sewer to serve Evergreen Addition - north of 21st Street North, west of Maize Road. Total Cost - $148,245.23 (plus idle fund interest - $6,960.27, plus temporary note interest - $3,987.50). Financing to be issued at this time - $159,193.00. (743805/468-83013/480-493). jj) Improving water distribution system to serve Evergreen Addition - north of 21st Street North, west of Maize Road. Total Cost - $59,564.27 (plus idle fund interest - $2,766.73, plus temporary note interest - $1,650.00). Financing to be issued at this time - $63,981.00. (734933/448-89409/470-603). kk) Improving water distribution system to serve Lindsay’s Orchard Addition - north of Pawnee, west of Maize Road. Total Cost - $42,190.30 (plus idle fund interest - $1,498.70, plus temporary note interest - $1,100.00). Financing to be issued at this time - $44,789.00. (734940/448-89420/470-610). ll) Improving Storm Water Sewer No. 453 to serve Kansas Surgery and Recovery Center Addition - south of 29th Street North, east of Webb Road. Total Cost - $58,940.94 (plus idle fund interest - $1,469.56, plus temporary note interest - $1,512.50). Financing to be issued at this time - $61,923.00. (751281/468-82394/485-172). mm) Improving water distribution system to serve Wilderness at the Park Addition - south of Pawnee, east of Maize Road. Total Cost - $18,519.55 (plus idle fund interest - $604.45, plus temporary note interest - $440.00). Financing to be issued at this time - $19,564.00. (734934/448-88749/470-604). nn) Improving water distribution system to serve Wheatland Addition - south of MacArthur, west of Hoover. Total Cost - $20,935.02 (plus idle fund interest - $514.98, plus temporary note interest - $550.00). Financing to be issued at this time - $22,000.00. (734948/448-88693/470-618). oo) Improving water distribution system to serve an Unplatted Tract - west of Meridian, south of 61st Street North. Total Cost - $3,620.00 (plus idle fund interest - $461.00, plus temporary note interest - $0.00). Financing to be issued at this time - $4,081.00. (734061/448-89185/470-484) pp) Improving Lateral 406, Southwest Interceptor Sewer to serve Barefoot Bay Second Addition - south of 29th Street North, west of Hoover. Total Cost - $8,374.20 (less idle fund interest – ($10.20), plus temporary note interest - $275.00). Financing to be issued at this time - $8,639.00. (743783/468-82870/480-471). qq) Improving Lark Lane from the north line of Pawnee to the north line of Lot 7, Block 5 to serve Prairie Woods Second Addition - north of Pawnee, west of Maize Road. Total Cost - $92,123.35 (plus idle fund interest - $4,546.25, plus temporary note interest - $2,337.50). Financing to be issued at this time - $99,007.00. (764977/472-82936/490-599). rr) Improving Lark Lane from the south line of Park Glen Addition to the south line of Grant and concrete sidewalk on the west side of Lark to serve Park Glen Addition - north of Pawnee, west of Lark. Total Cost - $88,674.08 (plus idle fund interest - $4,581.42, plus temporary note interest - $2,337.50). Financing to be issued at this time - $95,593.00. (764985/472-82276/490-600). ss) Improving Sunnybrook Lane from the west line of Sheridian Avenue, east to the west line of Custer to serve Custer Addition - south of Pawnee, west of Meridian Total Cost - $100,050.08 (plus idle fund interest - $2,657.05, plus temporary note interest - $6,662.87). Financing to be issued at this time - $109,370.00. (765362/472-82983/490-638). tt) Improving 27th Street South, west of Custer to serve Custer Addition and Wichita Builder’s Third Addition - south of Pawnee, west of Meridian. Total Cost - $100,417.83 (plus idle fund interest - $2,718.11, plus temporary note interest - $6,497.00). Financing to be issued at this time - $109,633.00. (765347/472-82982/490- 490-636). uu) Improving Custer from the south line of 27th Street South to the south line of Sunnybrook Lane to serve Wichita Builders 14th Addition and Unplatted Tract. Total Cost - $167,305.60 (plus idle fund interest - $3,565.23, plus temporary note interest - $10,912.17). Financing to be issued at this time - $181,783.00. (765354/472- 82981/490-637). Motion -- carried Knight moved that the Statements of Cost be approved and filed. Motion IMPROVEMENT PETITIONS FOR PAVING AND WATER DISTRIBUTION SYSTEM TO SERVE PART OF PETITIONS SPRINGDALE LAKES ADDITION – SOUTH OF KELLOGG, EAST OF 127TH STREET EAST. (District II) Agenda Report No. 00-0696. The Petitions have been signed by five of six property owners of the improvement districts. The non-signer, Sedgwick County Government, has indicated it is not opposed to the projects. These projects will provide paving and water service to a new residential development. The Petitions total $305,000. The funding source is special assessments. Motion -- carried Knight moved that the Petitions be approved and the Resolutions be adopted. Motion carried 7 to 0. RESOLUTION NO. R-00-279 Resolution of findings of advisability and Resolution authorizing construction of water distribution system number 448-89485 (south of Kellogg, east of 127th Street East) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Gale, Lambke, Martz, Pisciotte, Rogers, Knight. RESOLUTION NO. R-00-280 Resolution of findings of advisability and Resolution authorizing improving of Clear Creek Circle from the north line of Gilbert, north to and including the cul-de-sac; and on Gilbert, from the east line of Lot 1, Block 7, west to the west line of the plat, (south of Kellogg, east of 127th Street East), 472-83249 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Gale, Lambke, Martz, Pisciotte, Rogers, Knight IMPROVEMENT PETITIONS FOR PAVING, SANITARY SEWER, AND DRAINAGE IMPROVEMENTS TO SERVE PETITIONS WILSON FARMS SECOND ADDITION – SOUTH OF 21ST STREET, WEST OF WEBB ROAD. (District II) Agenda Report No. 00-0697. The Petitions have been signed by two owners, representing 100% of the improvement districts. This projects will provide paving, sanitary sewer, and drainage improvements to a new residential development. The Petitions total $228,100. The funding source is special assessments. Motion -- carried Knight moved that the Petitions be approved and the Resolutions be adopted. Motion carried 7 to 0. RESOLUTION NO. R-00-281 Resolution of findings of advisability and Resolution authorizing construction of lateral 81, main 22, War Industries Sewer, south of 21st Street, west of Webb Road, 468-83123 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Gale, Lambke, Martz, Pisciotte, Rogers, Knight. RESOLUTION NO. R-00-282 Resolution of findings of advisability and Resolution authorizing construction of storm water sewer No. 539, south of 21st Street, west of Webb Road, 468-83124, in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Gale, Lambke, Martz, Pisciotte, Rogers, Knight. RESOLUTION NO. R-00-283 Resolution of findings of advisability and Resolution authorizing improving of Churchill Circle from the south line of Lot 24, Block 2, to the west line of Lot 34, Block 2, and Churchill Court serving Lots 27 through 31, Block 2, from the north line of Churchill Circle to and including the cul-de-sac, south of 21st Street, west of Webb Road, 472-83245, in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Gale, Lambke, Martz, Pisciotte, Rogers, Knight. STREET CLOSURES CONSIDERATION OF STREET CLOSURES/USES. Agenda Report No. 00-0691. The Farm & Art Market is requesting the approval of the Closure of a section of Rock Island Street on Saturday mornings between July 21 and October 15, 2000. The Closure is requested to allow overflow space for booths if the existing area is not sufficient to accommodate requests. The Closure request has been approved by the Old Towne Merchants Association. A representative of the Farm & Art Market will be responsible to advise 911 both before the Closure and when the street is reopened on each Saturday when the Closure is required. The Farm & Art Market will also be required to install and remove barricades at the Street Closure points at the appropriate times. Motion -- carried Knight moved that the street closure be approved, subject to Staff approval. Motion carried 7 to 0. CDBG CDBG CONTRACT – WICHITA INDOCHINESE CENTER. Agenda Report No. 00-0698. On March 7, 2000, the City Council accepted the proposal of the Wichita Indochinese Center to operate a Summer Youth Employment program. Community Development Block Grant (CDBG) funds of $175,000 were allocated by the Council for program operating costs. The contract with the Wichita Indochinese Center provides funds to pay youth salaries for 100 youth and administrative costs of the ten non-profit agencies participating in the program. The contract term is twelve months beginning July 1, 2000 and ending June 30, 2001. The contract amount is $175,000 and is funded in the approved 2000/2001 CDBG budget. Motion -- Knight moved that the Agreement/Contract be approved and the necessary signatures be authorized. Motion -- carried carried 7 to 0. CDBG CDBG CONTRACT – COMMUNITIES IN SCHOOLS. Agenda Report No. 00-0699. On March 7, 2000, the City Council allocated $25,000 to Communities in Schools to provide and coordinate youth and adult services at the Stanley Elementary School. Services to be provided include family literacy and parenting classes as well as tutoring, mentoring and counseling to approximately 50 students and their parents during the contract period of July 1, 2000, through June 30, 2001. The contract amount is $25,000 and is funded in the approved 2000/2001 CDBG budget. Motion -- Knight moved that the Agreement/Contract be approved and the necessary signatures be authorized. Motion -- carried carried 7 to 0. OFFICE SUPPLIES OFFICE SUPPLY CONTRACT. Agenda Report No. 00-0700. In 1997 the procurement and delivery of office supplies was out-sourced through an office supply and forms management contract. The contract eliminated one position and an average annual inventory of $74,000. The contract has been a complete success; departments fax in their office supply and forms order and the next day their order is delivered to them. A Request for Proposal (RFP) was developed incorporating any changes required and sent to thirteen (13) vendors to provide Office Supplies and Forms Management. Six (6) vendors responded. A staff committee reviewed the proposals to select a vendor based on price and experience. Corporate Express is recommended to provide these services at the lowest cost to the City. Corporate Express will provide guaranteed next day delivery (except special orders) to each department and outlying facilities, provide a computerized monthly billing on a diskette, and e-way on-line internet ordering customized for the City. Coporate Express offers an employee benefit package that includes health care, dental, disability, life insurance, and a 401K program. The contract will not obligate the City to any specific purchase or volume of purchases; it only provides departments the ability to purchase supplies at the lowest net cost. Overall pricing will decrease from prior years, however individual items may vary. Funding for office supplies is included within departmental operating budgets. The contract will be for one year with annual renewal options for an additional two years. Motion -- Knight moved that the Agreement/Contract be approved and the necessary signatures be authorized. Motion -- carried carried 7 to 0. STORMONT-TRICE STORMONT-TRICE ASSIGNMENT. Agenda Report No. 00-0701. In the course of the Hyatt Hotel development, the City entered into a number of agreements with East Bank Hotel Associates, L.L.C. (“EBHA”), as Tenant for the property, and certain related arrangements with various Stormont Trice entities. Under a Master Management Agreement between EBHA and Stormont Trice Management Corporation (“STMC”), Stormont Trice Kansas Corporation (as assignee of STMC) is currently operating the Hyatt Hotel, Conference Center and Parking Garage, and providing catering services, all as the management entity retained by EBHA to perform its obligations under the hotel lease and the operating agreements signed by the City and EBHA for the Parking Garage, Conference Center and Catering services. Stormont Trice Kansas Corporation has sold most of its hotel management operations to Crestline Capital Corporation (“Crestline”). Crestline desires to have a wholly-owned subsidiary, Crestline Hotels and Resorts, Inc. (“CHRI”) take an assignment of the Master Management Agreement, assuming Stormont Trice Kansas Corporation’s duties thereunder. Due to provisions of the underlying City operating agreements with EBHA, the assignment cannot be made without the City’s consent, which is not to be unreasonably withheld. The parties to the proposed assignment have requested the City to consent, and to approve certain amendments to the agreement. The Lease provisions governing rent to the City will not change. However, the rent is a share of funds available after operating and capital expenses and payment of specified returns to the private parties, with the consequence that it may vary depending upon the management of the hotel and related operations. The City Attorney’s office will review and approve the final form of the document to be signed and delivered on behalf of the City, and all closing opinions, certificates and similar assurances provided by the assignor or assignee. Motion -- Knight moved that the Assignment and Amendment to the Master Management Agreement, subject to negotiation of language changes and receipt of assurances satisfactory to the City Attorney, be approved; and the necessary -- carried signatures be authorized. Motion carried 7 to 0. (NIBRS) NATIONAL INCIDENT BASED REPORTING SYSTEM (NIBRS) IMPLEMENTATION GRANT. Agenda Report No. 00-0702. During the 1970’s, the FBI modified the Uniform Crime Reporting (UCR) program to address changing needs of law enforcement agencies for detailed crime and arrest data. The result is the National Incident Based Reporting System (NIBRS), which differs from the original program by collecting specific data elements on each separate police incident, rather than reporting only summarized crime statistics. In the fall of 1999, the Wichita Police Department was selected as a recipient of a $192,000 grant to implement the NIBRS, and it was determined that a new public safety system would be required. A project team of individuals from Police, Municipal Court and the Data Center conducted a competitive selection process and selected TRW’s NIBRS compliant “E*Justice” system. The Council approved the project on May 23rd in an amount not-to-exceed $1.75 million. The Bureau of Justice Statistics recently made an additional $10 million in awards available to states to provide funding to individual agencies or jurisdictions for implementing NIBRS. The Police Department is applying for additional funds to assist with the costs of acquiring a new NIBRS compliant Public Safety System. If approved, the award will be made to the Kansas Bureau of Investigation on the Wichita Police Department’s behalf. The KBI will be responsible for administering the grant and ensuring progress toward NIBRS implementation. The grant request is for $552,500 for “E*Justice” license costs; database conversions; training; and implementation and other necessary costs. The City Manager, upon approval by the City Council, has the authority to submit and receive the grant. Motion -- Knight moved that the grant application, budget and receipt of funds be approved, and the necessary signatures be -- carried authorized. Motion carried 7 to 0. FLOOD WARNING FLOOD WARNING SYSTEM-COWSKIN CREEK BASIN. (District V) Agenda Report No. 00-0703. On November 1, 1998, the Cowskin Creek Basin experienced a flood that resulted in damage to many homes in West Wichita. As a result of that flood, many citizens expressed the desire to have some type of flood warning system installed in the basin. Since that time, staff has been working on a proposal for a system that the National Weather Service could use to more accurately issue flood warnings for this basin. The system that has been designed will result in the placement of three rainfall and two rainfall/stream elevation gauges in different parts of the Cowskin/Calfskin basin. The gauges would be connected by radio transmission to the present alert system for our pump stations located at the Central Maintenance Facility (CMF). The National Weather Service would be able to call the alert computer and get real time rainfall readings whenever necessary. They can then use these readings to adjust their Doppler radar rainfall images and add to those rainfall amounts any projected precipitation yet to fall. Knowing the total expected rainfall, the duration of the storm, and the soil conditions that existed prior to the storm, the Weather Service could then use information provided by Professional Engineering Consultants, PA (PEC) to determine the amount of expected flow in the Cowskin/Calfskin and make flood predictions accordingly. To get the expected amount of flow from a rainfall event, PEC would use the flood models previously developed for the City as a result of their study of the November 1, 1998 flood. This would be more accurate than the system that is currently in place. Staff recommends that the City use hydrolynx rainfall and stream gauges for this system since that equipment is consistent with the rest of our alert system. Further, staff recommends that the R. E. Pedrotti Company, Inc. be hired to program the computer and hydrolynx equipment, as they are the company that has been involved in the installation of the alert system to date. Business Computer Center, a local vendor, would be used for the purchase of the computer hardware and most of the software, and Computer Spectrum would be utilized, under State contract, for the purchase of the remaining computer software. Professional Engineering Consultants, PA would be utilized to convert rainfall data to runoff data based on their existing computer models. This proposal has been reviewed by the City’s Management Information Systems committee and it was approved, subject to the Public Works Department checking into several related issues, including the possibility of posting the rainfall data on the City’s website. We have completed our research of those issues, and recommend that we proceed with this system as described herein. The National Weather Service is working with the United States Geological Survey to post the information on their website. The total cost of this system, by vendor, is as follows: Vendor Service Provided Cost Hydrolynx Equipment $28,115.50 Installation $7,500.00 R. E. Pedrotti Set-up software and programming $34,547.00 Business Computer Center Hardware & software $2,345.00 Computer Spectrum Software $600.00 Prof. Engineering Consultants Hydrology and hydraulics $3,400.00 Total Cost $76,507.50 The installation of this system will be paid for from the Flood Control Budget, with Sedgwick County splitting the cost equally with the City of Wichita. The City's cost will be $38,253.75, to be taken from the 2000 Flood Control Operating Budget. Motion -- carried Knight moved that the expenditure be approved. Motion carried 7 to 0. CHDO CHDO OPERATING GRANTS. Agenda Report No. 00-0704. March 7, 2000, the City Council approved allocations under the 2000-2001 Consolidated Plan, which included $92,000 of HOME funds for operational support funding for City-designated Community Housing Development Organizations (CHDO’s). To receive operational support funding, a CHDO must be under contract to receive HOME funding for investment in housing to be developed, sponsored, or owned by the organization. Under HOME regulations, operating expenses are defined as reasonable and necessary costs for the operation of the CHDO. Expenses may include salaries, wages, and other employee compensation and benefits; education, training, travel, rent utilities, communication costs, taxes, insurance, equipment, materials and supplies. A Request for Proposal (RFP) was issued to City CHDO’s receiving project development funding from the City’s HOME program, as well as CHDO’s applying for project funding under the 2000-2001 Consolidated Plan. Proposals were received from four organizations. A staff review panel reviewed the proposals and proposes the following recommendations for funding: Mennonite Housing Rehabilitation Services (MHRS), $33,000 to provide staff support for the organization’s Northeast Local Investment Area infill housing project, approved by the Council March 7, 2000. MHRS is working on an infill construction program in the Orchard Breeze Local Investment Area. Two lots have been purchased, and the first house is currently under construction. Approximately eight potential buyers have been identified, and the project manager is working to identify available vacant, suitable lots that have access to sewer and water lines. Current operational funding is being utilized to partially fund the salary of the MHRS project coordinator. The project coordinator is overseeing the progress of construction, attempting to identify lots for acquisition, identifying buyers, and working with potential buyers to obtain mortgage loan financing, coordinating the lot split process with the Planning Department when necessary, and coordinating work on access to water lines, etc. Community Housing Services (CHS), $33,000 to provide continuing operational support in connection with the organizations Northeast Local Investment Area housing rehabilitation project. The organization recently purchased its first home for renovation/resale under the $279,000 HOME program grant received for the 1999-2000 grant year. CHS is well positioned to serve the needs of first-time home buyers in the Northeast Local Investment Area. Utilizing its full-cycle lender designation received through Neighborworks, the organization can provide below-market interest rate mortgage loans for first-time buyers. Three HOMEownership 80 clients have been recipients of these loans. Further, the present value of the difference between the market interest rate and the rate provided by CHS can be counted toward the 25% required match for the HOME program. HOPE Inc., $25,000, to fund the expense of an experienced housing consultant, who will provide guidance and training for the organization in connection with the renovation of the HOPE Apartments. This is a requirement for the project funding previously allocated by the Council. HOPE was recently awarded CHDO project funding in the amount of $50,000, to be applied toward the renovation of HOPE Village, a rental housing development in the Fairmount Area, which is located in the Northeast Local Investment Area. HOPE is also receiving over $3 million in tax credits in connection with the renovation of all of its rental properties. Wichita Indochinese Center, $15,360. WIC originally applied for $29,400 in funding, in order to fund the salary of a Housing Coordinator. Staff does not agree that WIC is in need of additional housing development staff at this time, given the scope of the organization’s activity and the collaboration necessitated by a joint Planeview development agreement with Mennonite Housing. The director currently carries out WIC’s housing development activities. The operational funding would be used to subsidize the director’s salary and training expenses to the extent that they are involved with housing development. The organization is currently under contract to receive $368,000 in homeownership development funding for the Planeview area, including the aforementioned joint agreement with Mennonite Housing. WIC has contracted to purchase a property for purchase/rehabilitation/re-sale. Staff is also working with WIC and MHRS under the joint funding agreement, in order to facilitate the demolition of two dilapidated structures, which will be replaced with a single-family home. Funding for these allocations will come from the 2000-2001 HOME Grant, as allocated by the Council. There is additional operational funding available as a result of the de-obligation of previous year’s funding from an organization that no longer qualifies as a CHDO, for a total of $106,360 in funding availability. Motion -- Knight moved that the allocations be approved; Staff be authorized to negotiate contracts; and the necessary -- carried signatures be authorized. Motion carried 7 to 0. CONTRACTUAL AGMT. PERFORMANCE CONTRACTING. Agenda Report No. 00-0705. Performance Contracting consists of a Contractual Agreement between a building owner and a Contractor that generally provides building improvements with no cost to the owner. Normally this is done through financing provided by the Contractor with energy savings paying the costs associated with construction and financing costs. The Department of Finance recommends the use of General Obligation Bonds to finance the project and reduce the interest costs associated with the program. The energy savings will pay the debt service associated with the Performance Contract project. Council approved the Performance Contracting Program and the selection of Control Systems International (CSI) as the Contractor. Work by CSI is underway. The savings generated by Performance Contracting are guaranteed by CSI. The City’s savings will be greater by using General Obligation Bonds to finance the construction. A Resolution authorizing General Obligation Bonds in an amount not to exceed $700,000 is being submitted to Council for approval. Motion -- Knight moved that the project be approved; the Resolution be adopted; and the necessary signatures be authorized. -- carried Motion carried 7 to 0. RESOLUTION NO. R-00-284 A Resolution finding it necessary to make certain energy saving improvements to various city-owned buildings and authorizing the issuance of General Obligation Bonds by the City of Wichita at-large, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Gale, Lambke, Martz, Pisciotte, Rogers, Knight. PROPERTY ACQ. ACQUISITION OF 12002 MICKEY – COWSKIN AND CALFSKIN BASIN PROPERTY ACQUISITION PROJECT. (District V) Agenda Report No. 00-0706. In October 1998, flooding occurred along the Cowskin and Calfskin Creeks in west Wichita. As a result of this event, the City presented a proposed voluntary property acquisition program FEMA. FEMA approved the program on March 15, 2000. The program calls for the acquisition of up to 21 properties that are either located in the floodway or suffered more than 50% damage in the 1998 floods. One such property is 12002 Mickey, which is owned by Scott and Priscilla Pilkingon. The site contains 22,000 square feet and is improved with a 2,589 square foot brick residence. An offer of $73,355, based on 85% of the pre-flood value of the property was extended to the owners. The owners have agreed to sell the property for this amount. Under the terms of the FEMA program, all improvements must be removed and future use of the site is restricted to open space. The FEMA program provides funds for the purchase price and 85% of closing costs and demolition costs not covered by insurance. Any costs not funded by FEMA will be paid from the Property Management Special Revenue fund contingency. A budget of $80,605 is requested. This includes $73,355 for the acquisition, $6,500 for demolition and $750 for closing costs and title insurance. FEMA’s participation will be used to offset this amount when received. Motion -- Knight moved that the budget and the Contract be approved; and the necessary signatures be authorized. Motion -- carried carried 7 to 0. PROPERTY ACQ. ACQUISITION OF 550 NORTH HILLSIDE – HILLSIDE/CENTRAL INTERSECTION PROJECT. (District I) Agenda Report No. 00-0707. In July of 1998, City Council approved a resolution calling for the improvement of several intersections and traffic corridors within the City. The intersection of Central and Hillside was one such intersection. The improvement plans call for partial acquisitions at all four corners. A 45-foot triangular tract is required at the northeast corner. Wesley Medical Center owns this corner. The property was valued at $337.50. Wesley has agreed to accept this amount. The site is largely unimproved. If the project impacts any improvements, these will be replaced as part of the project. The Council resolution approved $95,000 in general obligation bonds for this project. A budget of $600 is requested. This includes $337.50 for the acquisition, and $262.50 for closing costs and title insurance. Motion -- Knight moved that the budget and the Contract be approved; and the necessary signatures be authorized. Motion -- carried carried 7 to 0. PROPERTY ACQ. ACQUISITION OF 10611/10615 HIDDEN VALLEY FOR THE COWSKIN AND CALFSKIN BASIN PROPERTY ACQUISITION PROJECT. (District V) Agenda Report No. 99-0708. In October 1998, flooding occurred along the Cowskin and Calfskin Creeks in west Wichita. As a result of this event, the City presented a proposed voluntary property acquisition program FEMA. FEMA approved the program on March 15, 2000. The program calls for the acquisition of up to 21 properties that are either located in the floodway or suffered more than 50% damage in the 1998 floods. One such property is 10611/10615 Hidden Valley, which is owned by the Jeffrey and Jeremy Berblinger. The site contains 342,390 square feet and is improved with a 1,842 square foot brick duplex. An offer of $124,270 based on 85% of the pre-flood value of the property was extended to the owners. The owners have agreed to sell the property for this amount. Under the terms of the FEMA program, all improvements must be removed and future use of the site is restricted to open space. The FEMA program provides funds for the purchase price and 85% of closing costs and demolition costs not covered by insurance. Any costs not funded by FEMA will be paid from the Property Management Special Revenue fund contingency. A budget of $131,520 is requested. This includes $124,270 for the acquisition, $6,500 for demolition and $750 for closing costs and title insurance. FEMA’s participation will be used to offset this amount when received. Motion -- Knight moved that the budget and the Contract be approved; and the necessary signatures be authorized. Motion -- carried carried 7 to 0. PROPERTY ACQ. ACQUISITION BY EMINENT DOMAIN OF TRACTS REQUIRED FOR THE WEST KELLOGG IMPROVEMENT PROJECT. (District V) Agenda Report No. 00-0709. In July 1993, the City Council approved an ordinance declaring Kellogg from 119th Street West to Mid-Continent Airport a major traffic-way. In early 2000, staff was instructed to initiate formal acquisition of all properties requiring total acquisition. Offers have been extended on all subject tracts and negotiations initiated. Agreement has not been reached on several tracts. City Staff and consultants hired by the City have been attempting to negotiate a purchase of the identified properties but has been unable to reach an agreement with the owners. The offer prices and counter offers, where available, are shown as part of Exhibit A. Per Federal guidelines, offer values were set by review appraisals of certified appraisals. Staff and the consultants will continue to negotiate with the owners, but due to the construction schedule for the project, eminent domain proceedings need to be initiated. The cost of these acquisitions will be paid for by the City at large. Motion -- Knight moved that the Resolution be adopted and the Ordinance providing for the acquisition by eminent domain -- carried be place on first reading. Motion carried 7 to 0. RESOLUTION NO. R-00-285 A Resolution declaring the necessity for acquiring private property for the use of the City of Wichita in connection with planned improvements to U.S. Highway 54 (from Mid-Continent Road to ½ mile west of Maize Road), presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Gale, Lambke, Martz, Pisciotte, Rogers, Knight. ORDINANCE An Ordinance providing for the acquisition by eminent domain of certain private property, easements, and right-of- way therein, for the purpose of acquiring real property for the construction and widening of Kellogg Avenue in the City of Wichita, Sedgwick County, Kansas; designating the lands required for such purposes and directing the City Attorney to file the appropriate proceedings in the District Court to accomplish such acquisition, introduced and under the rules laid over. (Addendum Item No. 25a) SANITARY SEWER ESTABLISHING PUBLIC HEARING TO CONSIDER THE ADVISABILITY OF CONSTRUCTING A SANITARY SEWER TO SERVE PROPERTIES IN THE AREA OF K-42 AND MAIZE ROAD. (District. V) Agenda Report No. 00-0716 Mid-Continent Industrial Park is located south of K-42, north of MacArthur Road and east of Maize Road. It is platted and partially developed. The area was recently annexed into the City. At present, this area has a private water system and a private sewer lagoon operated by Sedgwick County. The sewer lagoon system is inadequate to handle the present development and KDHE has notified the County that corrective action must be taken in order for this system to remain permitted. There is another platted industrial park north of K-42 which is undeveloped and which has petitioned for sewer service from the City. In addition, there are two pending land sales in the Mid- Continent Park that will involve significant construction and the employment of over 600 persons. The existing sanitary sewer system cannot accommodate this addition development. Because of the potential for additional development in the area between where the City’s existing sewer system is located and the Mid-Continent Industrial Park, it is not efficient to design a sewer system for Mid-Continent without also designing to accommodate expected future development to the north. The City can order in sanitary sewer improvements for this entire area. No protest is allowable. The estimated cost for the design and construction of this system is $ 690,000. The cost of the improvements will be paid through special assessments against properties in the improvement district. The City’s Sewer Utility will pay a city-at-large share of the costs in the amount of $345,000. Motion -- Knight moved that the Resolution establishing a public hearing for August 15, 2000, 11:00 a.m., be adopted and -- carried published twice. Motion carried 7 to 0. RESOLUTION NO. R-00-286 A Resolution establishing a public hearing to consider the advisability of constructing sanitary sewer improvements to serve property in an area generally bounded by MacArthur Road on the south; Maize Road on the west; 31st Street South on the north; and a north-south line ½ mile east of Maize Road on the East, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Gale, Lambke, Martz, Pisciotte, Rogers, Knight. LIGHTING RES. STREET LIGHTING RESOLUTION. Motion -- carried Knight moved that the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-00-287 A Resolution approving Street Lighting Resolution No. 00-01presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Gale, Lambke, Martz, Pisciotte, Rogers, Knight. ORDINANCES SECOND READING ORDINANCES: (FIRST READ JULY 11, 2000) a) Revisions to Job Titles - Personnel. ORDINANCE NO. 44-681 An Ordinance establishing position classifications for employees of the City of Wichita and prescribing pay rates by reference to position classifications in the schedule of pay ranges repealing Ordinance No. 44-335, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Gale, Lambke, Martz, Pisciotte, Rogers, Knight. b) A 99-37 – north and south of 21st Street North and East and West of Hoover. (District V) ORDINANCE NO. 44-682 An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Gale, Lambke, Martz, Pisciotte, Rogers, Knight. A 99-37 c) Z-3331- northwest corner of 119th Street West and 21st Street North. (District V) ORDINANCE NO. 44-683 Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by the Wichita-Sedgwick County Unified Zoning Code, Section V-C, as adopted by City of Wichita Code Section 28.04.210, as amended, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Gale, Lambke, Martz, Pisciotte, Rogers, Knight. Z-3331 d) Pulled from Agenda. e) Update of Comprehensive and Transportation Plans. ORDINANCE NO. 44-684 An Ordinance approving certain amendments to the 1993 Wichita-Sedgwick County Comprehensive Plan, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Gale, Lambke, Martz, Pisciotte, Rogers, Knight. PLANNING AGENDA VAC2000-00022 VAC2000-00022 – REQUEST TO VACATE A PORTION OF A TWENTY-FIVE FOOT BUILDING SETBACK LOCATED SOUTH OF 45TH STREET NORTH AND EAST OF ROCK ROAD ON IRONWOOD. (District II) Agenda Report No. 00-0710. Staff Recommendation: Approve vacation of a portion of a 25-foot building setback. MAPC Recommendation: Approve vacation of a portion of a 25-foot building setback. (unanimous) The applicant is requesting to vacate 10 feet of a 25-foot building setback to construct a new home on this lot. This is a corner lot with 25-foot platted building setbacks on each street side. This lot also has a considerable drainage along the rear lot line, thus limiting the amount of buildable area. No one spoke in opposition to this request at the MAPC’s advertised public hearing, and the MAPC voted to approve the vacation, adopting the findings of fact that are incorporated in the Vacation Order. No written protests have been filed. Motion -- Knight moved that the Vacation Order be approved and the necessary signature be authorized. Motion carried -- carried 7 to 0. VAC2000-00023 VAC2000-00023 – REQUEST TO VACATE ACCESS CONTROL LOCATED EAST OF 135TH STREET WEST AND SOUTH OF HAYDEN. (District V) Agenda Report No. 00-0711. Staff Recommendation: Approve vacation access control. MAPC Recommendation: Approve vacation of access control. (unanimous) The applicant is requesting to vacate complete access control along the west line of this Reserve property in Auburn Hills. This site was approved for a neighborhood pool by a Conditional use (CON2000-00011) on May 25, 2000. The vacation of access control would give the applicant access to this property and the pool. No one spoke in opposition to this request at the MAPC’s advertised public hearing, and the MAPC voted to approve the vacation, adopting the findings of fact that are incorporated in the Vacation Order. No written protests have been filed. Motion -- Knight moved that the Vacation Order be approved and the necessary signature be authorized. Motion carried -- carried 7 to 0. A 00-14 A 00-14 – REQUEST FOR ANNEXATION OF PROPERTY GENERALLY LOCATED EAST OF ROCK ROAD AND NORTH OF 45TH STREET NORTH. (District II) Agenda Report No. 00-0712. The City has received a request to annex approximately 159 acres situated at the northeast corner of Rock Road and 45th Street North. The southern boundary of the site abuts the current City of Wichita Limits, and Bel Aire City Limits are located approximately ¼ mile west of the site. The property owner is planning to develop the property with 314 single-family (SF-6) dwellings and 3.3 acres of Limited Commercial (LC). The staging of development has been planned over multiple years, with 100% of development projected to occur within 5 years. Land Use and Zoning: The annexation site consists of one (1) undeveloped contiguous tract of land zoned “SF-20” Single Family Residential, except at the intersection of Rock Road and 45th Street North which is zoned “LC” Limited Commercial. Land to the north and east of the site is zoned “SF-20” Single Family Residential. Land west is zoned “SF-20” Single Family Residential with “LC” Limited Commercial at the intersection of Rock Road and 45th Street North. Land south is zoned “SF-6” Single Family Residential. Upon annexation, the “SF-20” Single Family Residential zoning of the subject property will convert to “SF-6” Single Family Residential. Public Services: The City Water and Sewer Department indicates that the subject property proposed for annexation will likely connect to a 20” water main along Rock Road, which will be extended north from 45th Street North, to handle future phases of development as well as interior water lines. As for sewer, it is anticipated that a 18” line, which ends south of the RR tracks west of Rock Road, will be extended under the tracks and over to Rock Road. Street System: The property proposed for annexation will have access to Rock Road, a two-lane arterial road, which serves the area as the nearest major north-south road, and 45th Street North, which serves the area as the nearest major east-west road. Currently, there are no plans to further improve that portion of Rock Road or that portion of 45th Street North in the City of Wichita 2000-2009 C.I.P. or the 2000-2004 Sedgwick County C.I.P. Public Safety: The Wichita Fire Department can serve this site within a six (6) to nine (9) minute approximate response time from County Station #37 located at 4343 North Woodlawn or City Station #18 located at 2808 North Webb Road. Upon annexation, police protection will be provided to the area by the Patrol North Bureau of the Wichita Police Department, headquartered at 3015 East 21st North. Parks: Chisholm Creek Park, a 281.90 acre neighborhood park, is located approximately three (3) miles southwest of the property proposed for annexation. The park may be accessed through entrances located at 29th Street North and Woodlawn. The Wichita-Sedgwick County Parks and Open Space Master Plan: Parks and Pathways indicates plans for a future Greenway along the RR track that runs northeast through this proposed annexation site. School District: The property is located in Unified School District 259 (Wichita School District). Annexation will not change the school district. Urban Growth Area & Policy 32: The property is located within the urban growth area (urban reserve) of the City of Wichita as shown in the 1996 update to the Wichita-Sedgwick County Comprehensive Plan. The property is also located within the 2010 urban service area, as depicted in the 1999 Update to the Comprehensive Plan, recently adopted by the Metropolitan Area Planning Commission on March 16, 2000. The property proposed for annexation is currently being platted. The total assessed value of the property is $9030. The future assessed value of this property will depend on the timing of development, the type of development, and the current mill levy. However, the applicant projects an overall assessed value of $3,768,000 when development is completed. Motion -- Knight moved that the annexation request be approved and the annexation Ordinance be placed on first reading. -- carried Motion carried 7 to 0. ORDINANCE An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, introduced and under the rules laid over. A 00-14 AIRPORT AGENDA AIRPORT PROJECT MASTER PLAN UPDATES, WICHITA MID-CONTINENT AIRPORT AND COLONEL JAMES JABARA AIRPORT. Agenda Report No. 00-0713. The Wichita Airport Authority Advisory Board met on May 1, 2000, to discuss issues, priorities and projects that they believe need to be addressed relative to Mid-Continent and Jabara Airports. The Board concluded that updating and broadening the Master Plans for both airports is a top priority. Master Plan updates for both airports were formally received in February, 1998. Some of the information contained in the plans was collected in 1994, is outdated, and needs to be revised. Some of the information has not changed, and can be used in developing the updated plans. Consequently, a complete revision will not be required. Master Plan updates are included in the Capital Improvement Program for the year 2003. Staff estimates the Mid- Continent Airport update will cost $500,000, and the Colonel James Jabara Airport update will cost $80,000. Both updates will be funded by using airport funds, AIP grant and Passenger Facility Charge funds. Motion -- Knight moved that the project be approved; the current Capital Improvement Program be amended to include the project in year 2000; the Staff Screening and Selection Committee be authorized to select a consultant; and the -- carried necessary signatures be authorized. Motion carried 7 to 0. AIRPORT PROJECT AIRFIELD ELECTRICAL VAULT IMPROVEMENTS. Agenda Report No. 00-0714. On March 21, 2000, City Council authorized the Staff Screening and Selection Committee to select a consultant to provide professional services for improvements to the airfield electrical vault. The Staff Screening and Selection Committee concurred with airport staff that Professional Engineering Consultants be selected to provide the professional services. The project will include work on the structure; i.e. modifying windows and vents, raising walls, etc.; exterior drainage; and corrective work on the temperature stabilizing system. A contract has been prepared with Professional Engineering Consultants to provide design services for this project. Funding is available within the project budget. The total cost of the design and bid phase of the work is $29,900. The funding source is Federal AIP grant funds and Passenger Facility Charges. Motion -- carried Knight moved that the Contract be approved and the necessary signatures be authorized. Motion carried 7 to 0. AIRPORT PROJECT AIP GRANT TERMINATION. Agenda Report No. 00-0715. The Wichita Airport Authority entered into a grant agreement with the FAA on August 2, 1999, in the amount of $494,372 for the Terminal Building Concourse Remodel project. This is one of two grants issued for this project. The conditions of the Grant Agreement originally required the airport to provide the FAA with plans and specifications no later than September 30, 1999. Upon airport staff request, the FAA extended this deadline to March 30, 2000. Plans and Specifications were near completion and in the process of being reviewed by staff for comments when they were presented to the Art and Design Review Board. At that time, it was determined that the scope of the project be re-evaluated. Because grant conditions set by the FAA require the sponsor to complete the project without undue delay, a letter dated May 17, 2000 from the FAA requires that the grant be terminated. The FAA requires that the funds be returned to the FAA; however, they may be used by the airport in the future for AIP eligible projects. The funds granted are based on entitlements and will be carried forward for future use as entitlement funding. Motion -- Knight moved that termination of AIP Grant 3-20-0088-29 be approved and the necessary signatures be authorized. -- carried Motion carried 7 to 0. RECESS The City Council recessed at 11:42 a.m. and reconvened at 7:00 p.m. Wichita, Kansas, July 18, 2000 Tuesday, 7:00 p.m. The City Council met in recessed session at the East Evangelical Free Church, 14725 East Harry, 7:00 p.m. Mayor Knight in the Chair. Council Members Cole, Gale, Martz, Pisciotte, Rogers; present. (Council Member Lambke absent) Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. A 00-08 A 00-08 – ANNEXATION OF ELIGIBLE PROPERTIES GENERALLY LOCATED EAST AND WEST OF 143RD STREET EAST, NORTH AND SOUTH OF HARRY. (District II) Marvin Krout Director of Planning reviewed the Item Agenda Report No. 00-0695. On May 16, 2000, the City Council adopted a resolution that established July 18, 2000, at 7:00 p.m. at the East Evangelical Free Church, 14725 East Harry, Wichita, Kansas as the time and place for a public hearing for this annexation. The areas that are proposed for annexation are located east and west of 143rd Street East and north and south of Harry. This is the third phase of a three-phase annexation. The first phase was officially approved December 21, 1999, and brought 247 acres into the City. The second phase was officially approved March 30, 2000, and brought approximately 267 acres into the City. The subject area of the third phase consists of approximately 239 acres and 310 properties (300 platted and 10 unplatted). The land-use pattern consists of 84 residential tracts, 220 vacant or farm related tracts or reserves, and seven (7) church, cemetery or public utility tracts. The majority of the area is zoned “SF-6” Single Family Residential with a few small areas zoned "SF-20" Single-Family Residential. Those areas zoned “SF-20" will convert to the "SF-6" Single-Family Residential district upon annexation (SF-10 if requested by property owner) while other properties will retain their existing zoning. All of the land proposed for annexation is located within the area identified as “low-density residential” in the Land Use Guide Map in the 1999 Update to the Wichita-Sedgwick County Comprehensive Plan: Preparing for Change. The proposed area for annexation is also within the 2010 Urban Service boundary found in the Plan. In addition, the majority of the properties within the proposed annexation area are served by City of Wichita water and public sanitary sewer (Sedgwick County Four Mile Sewer District). An informational meeting regarding the proposed annexation was held on June 27, 2000, at 7:00 p.m., at the East Evangelical Free Church, 14725 East Harry. Three (3) property owners attended and asked a number of questions regarding the proposed annexation. In accordance with Kansas statutes, a Service Extension Plan was prepared for this unilateral annexation. The plan describes the means by which City services will be extended to the area. Map No. 2 in the plan shows the properties proposed for annexation. The service and financial analysis of the proposed annexation is contained in the plan. In the absence of an annexation request from a property owner, State law requires the adoption of a resolution by the City Council indicating the City’s intent to annex, a description of the property to be annexed, and a notice of the time and place for a public hearing to consider the matter. Copies of the resolution must be sent (via certified mail) to all owners of the properties proposed for annexation within 10 days of adoption. Also, the resolution must be published once in the official City newspaper not less than one week and not more than two weeks prior to the public hearing date. A report stating the plans for the extension of municipal services to the proposed annexation area must also be placed on file for public inspection in the City Clerk’s Office. The Service Extension Plan, which states the plans for the extension of municipal services, has been on file for public inspection in the Office of the City Clerk. Copies of the resolution establishing the public hearing, a map (showing the properties included) and a notice of the public hearing, were sent by certified mail to all property owners of record in the proposed annexation area and to other established governmental entities and utility services. Copies of the resolution and map have also been published in the official City newspaper as further notification of the scheduled public hearing. The Metropolitan Area Planning Commission reviewed the proposed annexation for compatibility with the Comprehensive Plan on June 15, 2000. The staff report presented at the MAPC meeting indicated that the proposed annexation was in conformance with the Comprehensive Plan. The MAPC found the proposed annexation in conformance with the Comprehensive Plan by a unanimous vote (10-0). In conducting the public hearing, Kansas statutes require that the City’s plan for extending major municipal services be presented and that all persons interested in the annexation be heard. After hearing all comments of the persons interested, the City Council has the option of continuing or closing the public hearing, and approving or rejecting the annexation proposal. Mayor Knight Mayor Knight inquired whether anyone wished to be heard. Cory Tallman Cory Tallman expressed concern that services Wichita would provide for road snow removal and police service would not be equal to that now received from the Township and Sedgwick County. George Whittaker George Whittaker spoke regarding the following: ? He noticed that speed limits are immediately lowered on through streets when areas are annexed into Wichita. ? Since there will be no mill levy going to the Township, and Wichita will not be taking over maintenance of the thoroughfares, how will the Township get funds to clear the roads? ? People in this area have paid specials for sewage treatment. Will the newly annexed people also be taxed for the sewage treatment; and will those who have already paid have to pay specials again? ? There will be a loss of snow removal services. It seems the area will be losing services and gaining nothing. Herbert Bruce Herbert Bruce said people have gone to great lengths to avoid being annexed by the City of Wichita. One person purchased an additional 20 acres so his property could not be annexed. City Police Department response is not as good as response from Sedgwick County Sheriff’s Department. Marvin Krout Director of Planning explained that the person who had purchased the additional property to avoid annexation had actually purchased some property that had previously been annexed into the City. The remainder of that person’s property would be included in a future annexation phase. Mayor Knight Mayor Knight said people do not want to be a part of the City but want the services they now enjoy because of the City. Annexation has a lot to do with equity. Areas like be adjacent to the City but not want to be part of the City. Communities must share benefits and burdens. Everything may not be better but, certainly, some things will be better. The MAPC reviewed and approved the annexation unanimously. Annexation of this area is fair and equitable. Council Member Rogers Council Member Rogers stated that the County uses 75 percent of taxes from the City; however, only 5 percent of those taxes are returned to City of Wichita residents in services. There is an inter-dependence on each other for economy, quality of life, and well being. Council Member Pisciotte Council Member Pisciotte said the City of Wichita is now rebuilding Harry Street and none of the taxes paid to Sedgwick County have gone to the City to pay for the rebuilding. Residents in this area should be concerned about fire and sewer services. The City is looking at fire service in this area and future fire station development may help residents receive better fire ratings and lower insurance rates. The City and County are trying to work out an arrangement regarding charges some residents are currently paying for the 4-mile creek facility. The bottom line is that this annexation is a matter of equity. Motion -- Pisciotte moved that the Public Hearing be closed; the annexation request be approved and the Ordinance be -- carried placed on first reading. Motion carried 6 to 0. (Lambke absent) ORDINANCE An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, introduced and under the rules laid over. A 00-08 ADJOURNMENT The City Council meeting adjourned at 7:37 p.m. Pat Burnett CMC City Clerk CITY COUNCIL PROCEEDINGS JOURNAL 171 July 18, 2000 PAGE 165