MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, August 5, 1997 Tuesday, 9:02 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Lambke, Cole, Ferris, Gale, Rogers; present. *Council Member Kamen absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Lakshmi Kambampati, Indochinese Center. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. Minutes -- The minutes of the regular meeting of July 29, 1997, were -- approved approved 6 to 0. (Kamen absent) AWARDS AND PRESENTATIONS SERVICE CITATIONS Mayor Knight presented Distinguished Service Citations to those present. PROCLAMATIONS Mayor Knight presented the Proclamations previously approved. *Council Member Kamen present. DISTINGUISHED BUDGET Distinguished Budget Presentation Award was presented to Ray Trail, Director of finance, and Barbara Ciboski, Budget Officer-Retired. OFF AGENDA ITEM ALARM ORDINANCE ALARM ORDINANCE. Motion -- Knight moved that the rules be set aside and an Item be taken up off the Agenda. -- carried Motion carried 7 to 0. Mayor Knight Mayor Knight, in light of recent publicity, asked that Council Member Kamen revisit the False Alarm Ordinance subject. NEW BUSINESS OLD TOWN CENTER PUBLIC HEARING AND ISSUANCE OF INDUSTRIAL REVENUE BONDS - OLD TOWN CENTER, L.L.C. (District VI) Council Member Kamen declared a conflict of interest and abstained from participation. Allen Bell Financial Projects Director reviewed the Item. Agenda Report No. 97-557. On July 1, 1997, the City Council approved the issuance of a Letter of Intent for Industrial Revenue Bonds in an amount not to exceed $2.5 million to Old Town Center, L.L.C. The bonds will finance the acquisition and renovation of property in the Old Town District, located at 800 East First (former Maasco Building). There is no ad valorem tax abatement requested. It is anticipated that the bonds will be underwritten by Chapman Securities, Inc. of Wichita and publicly reoffered to investors. Bond Counsel is the firm of Hinkle, Eberhart, and Elkouri LLC, Wichita. Old Town Center agrees to submit an EEO/AA Plan and a Water Conservation Plan, pay all costs of issuing the bonds, and agrees to pay the City's annual administrative fee for the term of the bonds. Allen Bell Financial Projects Director said the final amounts of the bonds just came in and the total would be $2.6 million rather than $2.5 million. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the public hearing be closed; the Ordinance approving the bond documents in the total aggregate principal amount of $2.6 million approving the bond documents including the trust indenture, lease agreement, guaranty agreement, and bond purchase agreement be placed on first reading; and the Mayor -- carried be authorized to sign the necessary documents. Motion carried 6 to 0. (Kamen abstained) ORDINANCE An Ordinance of the City of Wichita, Kansas, authorizing the issuance of $1,700,000 aggregate principal amount of Taxable Industrial Revenue Bonds, Series VII-A, 1997 (Old Town Center, L.L.C.) and $560,000 aggregate principal amount of subordinated Taxable Industrial Revenue Bonds, Series VII-B, 1997 (Old Town Center, L.L.C.) for the purpose of providing funds to acquire, purchase, renovate, and equip and office building; prescribing the form and authorizing the execution of a lease agreement by and between the City and Old Town Center, L.L.C.; approving the form of a guaranty agreement; approving the form of an individual guaranty agreement; authorizing the execution of a bond purchase agreement by and between the City, Old Town Center, L.L.C., and Chapman Securities, Inc., as purchaser of the Series VII-A, 1997 bonds and the Series VII-B, 1997 bonds, introduced and under the rules laid over. BG PRODUCTS, INC. REQUEST FOR LETTER OF INTENT FOR TAX-EXEMPT INDUSTRIAL REVENUE BONDS - BG PRODUCTS, INC. (District VI) Allen Bell Financial Projects Director reviewed the Item. Agenda Report No. 97-678. BG Products, Inc. (BG), a Kansas corporation formed in 1971 and located at 701 S. Wichita St., has submitted a request for the issuance of a Letter of Intent for Tax-Exempt Industrial Revenue Bonds in an amount not to exceed $4,000,000 to construct an expansion to its facility. BG also requests a 100% 10-year property tax abatement on the new IRB-financed improvements. BG Products formulates, manufactures and distributes a broad line of professional use, high-quality fuel and oil conditioners and specialty lubricants, greases and chemicals. BG Products' products are sold to professionals and fleet operators and are distributed through a network of independent domestic and foreign distributors. The products are sold throughout the U.S., Canada, Europe, the Middle East, Asia, the Far East and South America. BG Products produces over 105 products which are formulated for general industrial applications, automobiles, heavy trucks, motorcycles, farm equipment, earth moving equipment, marine engines, recreational vehicles and home and shop engines. Virtually all of BG's product is sold to consumers outside of the State of Kansas. Bond proceeds will be used to construct and equip a 54,700 square foot expansion to BG's existing manufacturing and storage facilities, as well as a new 13,665 square foot combination office and manufacturing addition. As part of the expansion of existing facilities, BG will improve the facility's riverside appearance by enclosing currently exposed metal storage tanks that are located on the east bank of the Arkansas River south of the US-54 bridge. The bonds will be underwritten and purchased by Froggatte & Herndon. The firm of Hinkle, Eberhart & Elkouri, L.L.C. will serve as bond counsel in the transaction. The sources and uses of bond proceeds are as follows: SOURCES OF FUNDS Bond Proceeds $ 4,000,000 Applicant Contribution 83,000 Total Sources $ 4,083,000 USE OF BOND PROCEEDS Capital Improvements $ 3,870,000 Reserve Fund 50,000 Underwriting Costs 120,000 Other Issuance Costs 43,000 Total Uses: $ 4,083,000 BG currently employs approximately 60 people and anticipates adding another 20 employees following construction of the expansion. BG will have a current approved EEO/AA Plan on file with the City's Human Resources Department prior to the issuance of the bonds. BG agrees to pay all costs of issuing the bonds and agrees to pay the City's $2,500 annual IRB administrative fee for the term of the bonds. BG is requesting a 100% tax abatement of ad valorem property taxes on the expansion project. A cost/benefit analysis has been provided by Wichita State University, which reflects a ratio of 2.4 for the City, 2.1 for the County, 2.0 for USD 259 and 5.7 for the State. Under the City's Business Incentives Policy, BG would qualify for a 100% tax abatement on new property. BG paid $61,530 in real and personal property taxes 1996 and will continue to pay these taxes. The Financial Projects Director explained that BG Products was requesting an exception to the requirement of submitting annual compilations instead of full CPA audits. The change in type of document submitted would represent a substantial savings to BG Products. The recommendation would be to proceed with the recommended action which follows standard procedure and, when the issue is settled, return to the Council with recommendations at the time of issuance of bonds. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Council Member Rogers Council Member Rogers stated that he was unwilling to mitigate the City's normal requirement for a full audit. Allen Bell Financial Projects Director stated that the bonds would be underwritten by Froggatte & Herndon and it is proposed that the marketing/sale of bonds be limited to high net worth individuals who know what they are purchasing. The compromise would go a long way toward limiting the City's liability; however, liability would not be limited altogether. Gary Rebenstorf Director of Law stated that, under the State Statutes and Federal Law, if investigations were not thoroughly conducted and there were no audited financial statements, there is there risk that the City could be held liable in a lawsuit for not doing that type of investigation. If the persons buying the bonds feel the City did not fulfill its obligations, there is a possibility of a liability issue. Allen Bell Financial Projects Director, responding to a question, said the proposal, at this time, is to limit the sale of the bonds to individuals and financial institutions who qualify, by virtue of their net worth or their annual income, as an accredited investor who would, at the time of purchase of bonds, sign an affidavit or certificate stating that they are an accredited investor and that they recognize that they are purchasing the bonds on the basis of compiled financial statements and not on the basis of audited financial statements. The issue is whether or not that requirement does go far enough in limiting the City's liability. Gary Rebenstorf Director of Law stated that the accredited investors issue goes to the registration of the bonds. It does not provide a defense in the anti-fraud provisions of the state and the federal law. The Director of Law has not had an opportunity to talk with Bond Counsel or the Underwriters' Counsel on this matter. That is the issue that is being looked into at this time. Mayor Knight Mayor Knight suggested that, in the future, this matters not be brought before the Council until they are reconciled. Motion -- Cole moved that the issuance of, and authorization for the Mayor to sign, a Letter of Intent to BG Products, Inc. for Tax-Exempt Industrial Revenue Bonds in an amount not to exceed $4.0 million for a 6-month term be approved; and a 100% property tax abatement for a five-year term, plus a second five years following review and approval by the City Council, be granted subject to the following conditions: 1. Negotiation of a Lease Agreement and Bond Ordinance. 2. Arrangements have been made for the sale/placement of the bonds. 3. Guarantees for the payment of the bonds are in place. 4. Agreement to pay the City administrative fees of $2,500 per year for as long as the bonds are outstanding. 5. Agreement to pay all costs incurred by the City for processing the bonds/application. 6. An approved Equal Employment Opportunity/Affirmative Action Plan is on file with the City prior to issuance of the bonds. 7. An approved Water Conservation Plan is on file with the City prior to issuance of the bonds. 8. Agreement to submit building and site plans to CART (City manager's Aesthetic Review Team) for review and to modify the proposed design to comply with any reasonable CART conditions or recommendations. 9. Agreement to provide the City, prior to submitting the proposed Lease Agreement, an Environmental Site Assessment (ESA) that documents the environmental conditions of the property, and an agreement that the ESA will be conducted by an independent consultant who is a recognized expert in the area. Industrial Revenue Bonds will not be issued if the ESA discloses environmental conditions that might have implications for bond purchasers under the liability provisions of the Superfund Amendments and Reauthorization Act (SARA). 10. Agreement that if the bonds are to be offered for sale to the public, the applicant will not, during the period of time the bonds are outstanding, have a commercial banking relationship with the trustee of the bonds to be issued unless the original purchaser of the bonds acknowledges in writing the existence of the relationship and waives any conflict that might exist as a result of the relationship. 11. Applicant is required to furnish copies of its annual audits to the City. 12. Cooperation with any annual compliance audit procedure the City may adopt to monitor compliance with conditions, including any annual reports required of the applicant and any inspections of the applicant's premises or interviews with the applicant's staff. 13. Commitment to achieve and maintain its proposed employment goals, and to meet its Equal Employment Opportunity/Affirmative Action goals, during the term of the tax abatement. 14. Applicant is encouraged to utilize Minority-owned Business Enterprises (MBE) and Women-owned Business Enterprises (WBE) as contractors, subcontractors, engineers, architects, suppliers and vendors whenever possible. -- carried Motion carried 7 to 0. CORRECTIONAL HOUSING APPEAL OF ALTERNATIVE CORRECTIONAL HOUSING REGULATORY COMMITTEE DECISION - DODGE HOUSE CORRECTIONAL HOUSING PLACEMENT LICENSE. Consensus of the Council was that a public hearing not be held on the Item. Agenda Report No. 97-679. Effective January 1, 1997, the City of Wichita required that all correctional placement residences in the City be licensed on an annual basis (Ordinance 42-218 which created Chapter 20.08 of the Code of the City of Wichita). That same licensing ordinance created the Wichita/Sedgwick County Correctional Housing Board to regulate correctional placement residence licensing and to advise the City Council on correctional housing issues, as well as the Alternative Correctional Housing Advisory Board Regulatory Committee ("Regulatory Committee") to act as a board of appeals to hear appeals from the grant or denial of licenses or on the interpretation of the licensing prerequisites in a specific case. On July 10, 1997, the Regulatory Committee heard the appeal of Dodge House, Inc., located on the southwest corner of Topeka and Murdock, regarding an interpretation of the Superintendent of Central Inspection on a licensing prerequisite. Per letter dated May 23, 1997, the Superintendent of Central Inspection interpreted that the Dodge House was required to have one paid or unpaid staff person, meeting the criminal record requirements for employees, available and responsive to the residents' needs 24 hours a day, in each of their two (2) facility buildings housing correctional placement residents. Dodge House had proposed to have just one employee at the licensed facility 24 hours a day to respond to residents' needs in both buildings. At the July 10 hearing, Dodge House appealed the Superintendent's decision and also presented information about an electronic surveillance and alarm system they proposed to install as an alternative to providing a supervising employee in each residential building 24 hours a day. After hearing testimony from Dodge House, City staff and neighborhood representatives, and considering the addition of electronic surveillance and alarm equipment, the Regulatory Committee affirmed the interpretation of the Superintendent of Central Inspection, thus requiring Dodge House to have a staff person 24 hours a day in each of the two (2) facility buildings. Per letter dated July 15, 1997, the Dodge House filed notice with the City Clerk that it was appealing the July 10, 1997 decision of the Alternative Correctional Housing Board Regulatory Committee. The notice of appeal was filed in accordance with the provisions of Section 20.08.130(c) of the Code of the City of Wichita. The appellant claims that since Dodge House is being licensed as a single "facility" on a single zoning lot (per zoning lot definition in the Unified Zoning Code), the requirement for 24 hour a day staffing applies to the entire licensed facility and not to each separate building of the facility. Section 20.08.110(a)(12) of the licensing ordinance states: "At least one paid or unpaid staff person who meets the criminal record requirements for employees is on the facility premises available and responsive to the residents' needs 24 hours a day." Because the ordinance says "at least one", the interpretation in question assumes that more than one staff person can be required to be on the facility premises to be responsive to the needs of the residents 24 hours a day. In the case of the Dodge House (according to the 7/3/97 program audit), correctional placement residents will be housed in separate buildings at the facility. Per the audit, the physical layout of the facility includes a main building at 735 N. Topeka, which includes the check in and out desk, and offices of staff. This is the building where the 24 hour a day staff person would office and from which monitoring duties would be carried out. This main building houses up to 27 correctional placement residents. The second residence building is located at 737 N. Topeka and houses up to 31 correctional placement residents, as well as a group meeting area and a T.V. lounge. Per the Dodge House license application, there would be no staff assigned to office or reside in this second building 24 hours a day, although Dodge House has offered to install electronic surveillance and alarm equipment to assist the one staff person on site to monitor all doors and several lower level windows on both buildings. In the program audit dated July 3, 1997, the auditor's cover letter expresses her concern about the ability of a single person to effectively monitor the 58 residents housed in the two (2) buildings on the site. This is an appeal of an interpretation of a correctional housing license requirement. Any person aggrieved by a decision of the Regulatory Committee may appeal to the City Council. The City Council hears the appeal on the record and has the authority to reverse, affirm or modify the interpretation made in this case (Section 20.08.130(c)). Council Member Cole Council Member Cole said the Wichita-Sedgwick County Correctional Housing Board spent about one and one-half years trying to deal with the problem of unregulated facilities housing persons who have spent time in prison or are on probation. Many of these facilities exist in residential neighborhoods. The issue came to the Council because neighbors reported disruptive behavior, people coming and going all hours of the day and night, documented drug activity, neighborhood burglaries traced to residents of two such facilities, and harassment of neighbors by the residents of these facilities. The City Council approved a set of regulations to be used in licensing these facilities, and probably the most critical of all was the need for 24-hour supervision. The regulation reads, "At least one paid or unpaid staff person who meets the criminal record requirement is on the facility premises available and responsive to the residents' needs 24 hours a day." The regulations were developed for the benefit of both the clients and the neighbors. The regulations offer some assurance and protection to the neighborhoods in which the facilities are located; and they provide a climate that is both rehabilitative and humane to the clients who reside in them. Licensure of the facilities is under way. Audits are being conducted by Dr. Craig Morland of WSU and the final determination of of licensure is carried out by the Office of Central Inspection as determined by the Ordinance. The appeal today is to the most critical regulation. Fifty- eight men reside in the two houses (55 on parole having been incarcerated, 3 on probation). The auditors cited the challenge of one person supervising the clients in two separate buildings and the Office of Central Inspection has determined that it is necessary to have a person supervising each house 24-hours a day. Dodge House Management believes that one person in one of the houses can supervise all 58 men in both houses (with the assistance of monitoring devices). Motion -- Cole moved that, having reviewed the record of the July 10, 1997, Regulatory Committee Hearing, the Agenda Report provided to this Council, and the minimum licensing standards for alternative correctional housing in Chapter 28.08 of the Code of the City of Wichita, the following findings of fact be adopted: 1. Dodge House, Inc., has applied for a license as a correctional placement residence and is subject to the Correctional Housing Code. 2. The Correctional Housing Board has expressed its policy concern on several occasions that licensed residences have adequate staffing. 3. The City and County have contracted with a professional to conduct program audits of correctional housing applications. In her report, the program auditor's main concern with Dodge House's "level of supervision" was "simply the large number of residents." Dodge House seeks licensure for 58 residents in two separate buildings housing 27 and 31 residents respectively. 4. Kurt Schroeder, Superintendent of Central Inspection, who is charged with the interpretation and enforcement of the licensing standards, made an interpretation that "each" residential building at Dodge House should have one qualified staff person. 5. The Regulatory Committee members, in affirming the Superintendent's interpretation after hearing from Dodge House representatives and neighborhood residents, generally expressed concern about the number of people at Dodge House and the need to monitor what went on inside the buildings. 6. Dodge House's proposal for a monitoring system as an alternative to a staff person in one building was rejected by the Regulatory Committee for this application. The Committee members expressed concern that such a system for Dodge House would be inadequate. 7. The minimum licensing standards for correctional placements residents requires that "at least one paid or unpaid staff person who meets the criminal record requirements for employees is on the facility premises available and responsive to the residents' needs twenty-four hours a day." 8. The ordinance requires "at least" one staff person who is "responsive to the residents' needs." Protection of the residents, as well as the community, supports a requirement that there be a sufficient level of staffing in correctional placement residences, even if it is more than the minimum required by the Code. The required level of staffing should be based upon the nature of the facility as found in the program audit and any other conditions relevant to the application. 9. Therefore the Superintendent and Regulatory Committee were reasonable in finding that a qualified staff person was necessary in each residential building in the case of Dodge House, which has a large number of residents divided between two buildings. This finding does not require an interpretation by the Council of the definitions of "facility," "premises", or other terms in the ordinance. Therefore, based upon the record and these findings, the interpretation of the Superintendent of Central Inspection shall be affirmed to the extent that it requires that Dodge House, Inc., have one staff person meeting the minimum licensing requirements in each building housing correctional placement residents. Council Member Rogers Council Member Rogers asked that, at a later date, the City also look at the number of persons being supervised by one person. -- carried Motion carried 7 to 0. 1998 PROPOSED BUDGET COMMENTS ON THE 1998 PROPOSED BUDGET. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Susan Cook Susan Cook, Wichita Wrangler's Baseball fan, said there is no emergency plan for evacuation for disabled persons from the mezzanine area when there is a power failure or in case of a tornado warning The restrooms are not wheelchair accessible and the doors prevent entry by wheelchairs. Repairs would mean simple movement of walls of the restroom partitions. Ms. Cook said she would also like to see more universal accommodations for disabled fans. It would be nice to be able to choose seating and not be confined to the mezzanine. Ms. Cook also suggested an advisory group of handicapped individuals should be put on a committee to look at plans for future capital building projects. Mayor Knight Mayor Knight asked that the City Manager bring back possible suggestions to take care of the areas of concern expressed. Ann Becker Ann Becker, President of the Board of Trustees at Botanica Garden, asked that the Council reconsider the budget cap on Botanica to allow inclusion of utilities. Gypsy Clair Gypsy Clair, Coordinator for the People's Net, homeless people helping each other (three homeless projects at Second and Broadway that work together), said additional help is needed for the homeless. Lynn Tatlock Lynn Tatlock, Director of Homeless Services for the Salvation Army, sought clarification regarding the reduction of the requested $160,000 to $50,000. Garry Winget Garry Winget said the drop-in center for the homeless can be kept open through September or October but funds are lacking to keep it open much longer. Mr. Winget said he would like the Council to consider moneys in addition to the $50,000 as recommended in the City Manager's proposed budget. Mayor Knight Mayor Knight suggested the United Methodist Church ought to raise more moneys, and inquired whether or not an integrated plan for the homeless has been received. Chris Cherches City Manager said the Homeless Coalition submitted a Plan which is being scheduled for a future workshop. Staff has reviewed the Plan. The $50,000 programmed into the budget is from general tax dollars. That does not in any way impact the availability of CDBG funds or Emergency Shelter grants (federal funds). The budget recommendation was made prior to the time the Homeless Plan was received. As the Council reviews the Homeless Plan there will probably be more explanation from the Coalition. Staff did not find sufficient information or justification or data base in the Homeless Plan to justify the $160,000; nor were there any clear-cut recommendations of how the City, in partnership with other providers in the community (including the County, State, and Churches), would fit together and implement the Plan. The $50,000 was arrived at because, in the past, the City allocated $100,000 for Human Services (primarily the Homeless) and those funds were never totally utilized. The $50,000 was based on the amount of funds that were used in the past. Mayor Knight Mayor Knight suggested the City Manager meet with the Coalition to arrive at an understanding of the recommendations. Council Member Cole Council member Cole said she had read the Coalition's Homeless Plan and found major missing pieces such as the number of homeless, what agencies, and how the homeless are served. More information is needed before decisions can be made. A workshop would be valuable before the final budget decision. Council Member Ferris Council Member Ferris stated that he would like to meet with the Director of Finance regarding a few changes in allocations in the 1998 Golf Course Budget before next Tuesday. Motion -- Knight moved that the comments be taken under advisement. Motion carried -- carried 7 to 0. RECESS The City Council meeting recessed at 10:20 a.m. and reconvened at 10:32 a.m. POLICE SERVICES REPORT ON WICHITA POLICE SERVICES. (Chief Mike Watson and Staff) Mike Watson Police Chief stated that on July 15, 1997, Command Staff and others on the Wichita Police Department made a two and one-half hour presentation to the Mayor's Select Committee on Public Safety on all aspects of Public Safety over the past two years. The Mayor's Select Committee on Public Safety made a recommendation which centered on disciplinary in the system being fair and consistent, changes in the promotional to promoting the best and the brightest, adequate training and field supervision, and policies and procedures. All items addressed by the Select Committee have been revamped throughout the entire Police Department. The Department's organizational, personnel, and staffing all changed. Personnel were upgraded in number, quality, and caliber. The goals of the Public Safety Initiative were to provide a safer community by reducing crime, improving the quality of service, improving the follow-up investigations, and increasing officer accountability. Terry Moses Deputy Police Chief gave an overview of the Support Services Division. Support Services provides planning and research and crime analysis. Mapping has been done which provides analysis of crime throughout the City. Crime Prevention is now city-wide, a Business Watch Program has been started and businesses are working together, a training program has been initiated with regard to violence in the work place, training is provided to community policing officers, a neighborhood oriented traffic program has been continued, and there is continued DUI enforcement. The Records Division has gone to a paperless warrant system. Quality customer service includes automatic call distributing system which tracks calls and reduces the amount of time a person is on hold, training is provided for civilians, and document imaging is being initiated with the Municipal Court System. Special Operations has DUI education, training for department members including diversity awareness, and problem solving. Two videos have been created with regard to community policing and one will be shown to all City Hall personnel, there is an InterNet WEB page, a tracking system for hold for state warrants, a city/county Home Show display, translation of the DARE program to other languages, increased participation in National Night Out. Advanced training for officers includes advance crime analysis, court testimony, updated standard operating procedures, formal SWAT training, revised/updated reserve program, revised Department Policy Manual, and implementation of revision schedule. There is increased officer accountability and fire arms force training, and a comprehensive proving plan has been implemented. The employment process includes better background investigations and citizens are now on review boards. Quality, not quantity is the desire. The promotional process has been updated and includes community policing. There is now some time spent house painting, reading to school children, and participating in blood drives. Dan Marceau Deputy Police Chief, Investigations Division, said eleven investigative positions and one supervisory position have been added and it is planned that by completion there will an addition ten detectives and one supervisory added. In the Property area, changes have occurred in how investigations are organized. Previously, special units were assigned cases and the investigators were specialists. Now the City has been divided into quadrants to coincide with field services. Investigators are now generalists working in areas but not just working on specific crimes city-wide. Investigators now meet regularly with community police officers and members of the community. In the Persons area, there has been cross training of sex crimes investigators to also work homicides. This increases resources. Patrol officers are utilized in field services to communicate and gather information. Extensive training is provided in intervention in domestic violence, child abuse, child sexual abuse, training for children, sexual assault for nurse examiner, sexual assault for the investigator, and more. Communications have improved between the detectives, citizens, and field personnel. There is an improved warrant notification program. Fliers go from community police officers to people in the neighborhood notifying the people of activities in the neighborhoods. There is a targeted offender unit which tracks violent offenders. Mayor Knight momentarily absent with Vice Mayor Cole in the Chair. Through a grant, computer equipment has been received which enables computer crimes to be investigated more thoroughly. Volunteers from the community are utilized and are of tremendous assistance. Volunteers implemented and staff a Gas Run-off Unit. The Citizens' Police Academy Alumni started in September of 1996 and have investigated 1,000 cases and recovered $5,000. There is assistance for victims who have been victimized multiple times, a victim contact program with regard to burglaries, and accessible resources for victims of domestic violence. Norman Williams Deputy Police Chief, Field Services, said resources of personnel and equipment have been added. In 1993, there were 198 patrol officers. Today, there are 344 field services officers (33 of which are in recruit training). In 1993, there were 16 sergeants and 49 lieutenants. In 1997 there are 42 lieutenants and 49 sergeants. The ratio of supervisors to officers was reduced. In 1993, there was one officer per beat per shift and a total of 12 relief officers per district. Then, any officer would work within any district. In 1997, there are seven officers per beat who are permanently assigned and are responsible for the beat. Community policing officers are a part of the seven officers assigned. Each of the 36 beats has a community police officer. Two officers per beat per shift fill in on other officers days off. There is greater accountability which results in additional resources. A Drive-by Shooting Task Force was implemented and the focus reduced the shootings by 50 percent since 1995. Supervisors also have a re-contact program to get feedback regarding services provided. Comments, even from offenders, have indicated the officers are professional, polite, courteous, and explain procedures. Police morale is improved. Officers are attending community meetings and there has been an increase in officers appearing, during off-duty time, to do volunteer work such as cutting shrubbery. There are more citizen appreciation letters commending performance. Neighborhoods are expressing appreciation through dinners other other means. Over-all, complaints are down considerably - especially in Internal Affairs. In 1993, there were two divisions - East and West. In 1997 there are four districts with four police stations which improves the quality of service to the community. Follow-up investigations have improved. Field Services does follow-up generated as result of officers being involved and citizens being involved with police officers. Mike Watson Police Chief said crime statistics back to 1980 were reviewed. Crime has decreased a significant amount and is now back down to about the early 1980's level. Murders have been cut in half, rapes actually may show a slight increase as rapes are an under-reported crime - this shows a willingness to report rapes. Robbers have all decreased significantly. Drive-by shootings have dropped significantly. Residential and business burglaries dropped. Larcenies and auto thefts decreased. Drug violations have increased which is a sign of more and better work which creates more work. Only when people are caught by the Police Department does crime rise in the case of drug violations. There has also been a significant decline in weapons violations. Many examples were given of special acts done by officers which make them a great asset to the community. Chief Watson said that no matter what happens - "It is our job and we try to solve the problem no matter what it is." Council Member Ferris left the Bench. Richard LaMunyon Former Wichita Police Department Chief and Chair of the Mayor's Select Committee on Public Safety, said the Police Department had been given the challenge to suggest ways to improve and enhance the Police Department. Also to be looked into were staffing levels, status of department morale, assess control structure, and evaluate resources/financing/equipment. Interviews were conducted by the Committee with command staff, officers, middle management, etc. throughout the department. Through the City Manager's Office, funds were secured for a questionnaire/survey to be distributed to every member of the Police Department. Budgets, operations, equipment were all reviewed and six public meetings were conducted. The City Council was given a preliminary report on June 30, 1995, and the recommendations were adopted in July of 1995. Mike Watson was appointed Wichita Police Department Chief during that time and the Police Department developed the Public Initiative Safety Plan which has taken two years to be implemented. The Mayor's Select Committee on Public Safety reconvened on July 15, 1997, and the an in-depth version of today's presentation was made. As Chairman of the Committee, Mr. LaMunyon said the Wichita Police Department has improved in literally every area. Selection of personnel to command the department was excellent, the equipment has been improved. The equipment and resources provided are being used in an efficient manner. Service to citizens has been enhanced in all areas. The command and supervisors are in control of their responsibility. Officers, detectives, and investigators are responsible and accountable for their assignments. Police Chief Watson and Staff are to be commended for their service to citizen priorities, unity of purpose, and direction - all are pulling together. Mayor Knight Mayor Knight stated that over the last few years answers are being found and citizen expectations are being exceeded. The City Council owes the the Wichita Police Department, and it should be taken back to the Officers, a tremendous vote of support, gratitude, and consideration. Council Member Ferris present. Council Member Kamen momentarily absent. Council Member Cole Council Member Cole expressed gratitude for the special projects in her area. Council Member Rogers Council Member Rogers, on behalf of District I, thanked the Police Department. A significant aspect has been the tremendous decrease in antagonism between the citizens of District I and the Police Department in the last few years. Motion -- carried Knight moved that the report be received and filed. Motion carried 7 to 0. PENSION INVESTMENT REPORT ON PENSION INVESTMENT POLICY. Agenda Report No. 97-97-680. The Wichita Employees' and Police & Fire Retirement Systems have adopted detailed investment policies to manage the assets of their respective plans. The adoption of these policies came after considerable coordination of effort with both systems' investment consultant, Boards and pension staff. Investment management firms have been retained because of their particular investment style with the expectation that they will have full discretion to purchase and sell securities within the framework of these investment policies in order to maximize investment income. Investment policy for both retirement systems requires that all actions undertaken by the boards be solely for the benefit of plan participants. The current policy is to delegate full investment discretion to the managers. Prudent investment constraints have been adopted by the boards that are intended to provide for a competitive return while preserving the value of the principal. Social, moral or ethical constraints are not incorporated in these mandates, and from a fiduciary perspective, should not be investment considerations. Rather, managers are expected to respond to market forces to maximize their returns consistent with the preservation of capital. For example, managers would be expected to respond to any investment weaknesses or strengths in tobacco stocks. Non-investment-related sales can disadvantage participants by transferring profits they might have realized to others who are not operating under the same constraints. Two further points to consider: 1. Pension funds are managed with a view to financial market conditions and circumstances. Both board investment policies are conservative in constraining the degree of financial risk managers are permitted to take in investing system assets. Investments are not typically made to any material degree in enterprises which are deemed to have a financial high risk. In that context, it is generally the case that any businesses which operate outside or on the fringe of the broad range of societal norms would probably be considered investments too risky for Wichita pension funds to any substantial degree. On balance and over time, prudent financial investing would more often than not steer a course away from those enterprises which are not mainstream. 2. Society no doubt has concerns about some aspects of the free market system which may offer products and services not appropriate for some groups or even society as a whole. There are multiple venues to address such concerns -- political, legal, etc. It would appear to both boards that issues arising from tobacco or other products deemed harmful should be addressed in forums other than pension fund investing. The Boards are opposed to having current investment policy restricted to include social, moral or ethical constraints. Changing the security selection process of investment managers by incorporating social, moral or ethical constraints will negatively impact investment returns to both Systems. A reduction in investment returns may translate into higher employer contribution rates in future years. It is both Board's fiduciary responsibility to maximize investment returns within established risk parameters. The Department of Law would have to draft ordinance changes to apply more restrictive investment criteria required by any Council directive. Take no action to alter the existing investment policies of the Wichita Employees and Police & Fire Retirement Systems. Continue to allow both the Wichita Employees and Police & Fire Retirement Systems to invest within already established prudent investment policies and do not impose social, moral or ethical investment constraints upon either system. Motion -- carried Knight moved that the report be received and filed. Motion carried 7 to 0. WICHITA AIRPORT ORDINANCES PERTAINING TO COUNTY APPOINTEES TO WICHITA AIRPORT AUTHORITY. Gary Rebenstorf Director of Law reviewed the Item. Agenda Report No. 97-681. In 1991, K.S.A. 3-163 was amended to increase the membership of the Wichita Airport Authority to nine members. Two members are to be appointed by the Sedgwick County Commission from different county commission districts. The County Commission has asked that it be allowed the option of appointing its two members from the same County Commission District. The proposed Charter Ordinance Ordinance removes the requirement that the County appointees be from separate commission districts. A simple ordinance will make the same changes to the existing City ordinance and will become effective upon the effective date of the Charter Ordinance which will become effective 61 days after final publication unless a sufficient petition for a referendum is filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the Charter Ordinance and the Simple Ordinance placed on first -- carried reading. Motion carried 7 to 0. CHARTER ORDINANCE A Charter Ordinance of the City of Wichita pertaining to membership of the Wichita Airport Authority; exempting the City of Wichita from provisions of K.S.A. 3-163 and providing substitute provisions on the same, introduced and under the rules laid over. ORDINANCE An Ordinance of the City of Wichita pertaining to membership of the Wichita Airport Authority; amending Section 2.12.1042 of the Code of the City of Wichita and repealing the original of said Section, introduced and under the rules laid over. CITY COUNCIL AGENDA BOARD APPOINTMENTS BOARD APPOINTMENTS (FOR TERMS EXPIRING JUNE 30, 1999). Art Museum Board (7 appointments) Board of Appeals of Air Conditioning, Refrigeration, Warm Air Heating and Boilers (2 appointments - Mobile Home Mechanic and Architect) Board of Appeals of Plumbers and Gas Fitters (1 appointment - Public at large) Board of Code Standards and Appeals (3 appointments - 1 Citizen at large, 1 Architect, 1 Class B Contractor) Board of Electrical Appeals (3 appointments - Public at large, Mobile Home Technician, Journeyman Electrician) Board of Park Commissioners (1 appointment - Ferris) Civil Rights and Services Board (2 appointments - Kamen, Lambke) Commission on the Status of People with Disabilities (2 appointments - Gale, Lambke) Group Life Insurance Board (2 appointments) Historic Preservation Board (1 appointment - Kamen) Library Board (3 appointments - 2 Lambke; 1 Rogers) Metropolitan Transit Authority (1 appointment - Kamen) Police and Fire Retirement Board of Trustees (1 appointment - Lambke) Wichita Athletic Commission (3 appointments) Wichita Commission on the Status of Women (1 appointment - Gale) Wichita Employees' Retirement Board (3 appointments - Ferris, Lambke, Knight) Wichita-Sedgwick County Alcohol and Drug Abuse Advisory Board (1 appointment - Youth) Wichita-Sedgwick County Board of Health (1 appointment - Veterinarian) Motion -- Rogers appointed David Kratz (Electrical) and moved that the appointment be -- carried approved. Motion carried 7 to 0. Motion -- Knight appointed Tony Zimbelman (Codes) and moved that the appointment be -- carried approved. Motion carried 7 to 0. Motion -- Cole appointed Bob McFadden (Electrical) and moved that the appointment be -- carried approved. Motion carried 7 to 0. Motion -- Kamen appointed OmPal Chauhan (CRS) and moved that the appointment be approved. -- carried Motion carried 7 to 0. HUMAN SERVICES BOARD APPOINTMENTS TO HUMAN SERVICES BOARD. Four members of the board are nominated by community organizations that serve the low-income for terms expiring June 30, 1999. The Human Services Board recommends Andy Bias (Wichita Metropolitan Family Preservation Agency); Shawn Littlejohn (Northeast Research and Outreach Center); Rev. Sam Muyskens (Inter-Faith Ministries); and Ronald E. Thomas (Goodwill Industries Easter Seal Society of Kansas, Inc.). Chris Cherches City Manager explained that the Human Services Board is comprised of 15 individuals, six from the private sector plus (1 appointed by the County), 4 nominated by representatives of private organizations (to get a different perspective on the Board), and low-income representatives elected from 4 quadrants of the City (representatives of private organizations). Notices were not sent to business organizations but area social services were contacted. Council Member Ferris left the Bench. Council Member Rogers Council Member Rogers said the low-income is covered but other segments ought to be represented. Motion -- Knight moved that this Item be deferred one week and Council Member Rogers return -- carried with recommended names. Motion carried 6 to 0. (Ferris absent) Council Member Ferris present. CONSENT AGENDA Knight moved that the Consent Agenda, except Items 23 and 24, 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 AUGUST 4,1997. At 10:00 a.m., Friday, August 1, 1997, pursuant to advertisements published, bids were received, publicly opened, read aloud and tabulated for the Board of Bids and Contracts: (Ref: Bid analysis report attached to Board of Bids Minutes 8/4/97) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS 8" WATER MAIN REPLACEMENT 448-89116 (634782) KC Excavating - $131,466.00 TYLER RD, 29TH ST. N - 1, 969' SOUTH (Bradford North Addition) 472-82788/82679 (706507/764183) Ritchie Paving - $264,262.50 16" WATERLINE IN TYLER, 29TH ST. N-1/4 MILE S OF 29TH ST. N 448-89105 (635334) Utility Contractors - $51,509.00* AND WATER MAIN IN 29TH ST. N FROM TYLER TO RIDGE 448-89047 (633545) Utility Contractors - $388,760.00* *TOTAL AGGREGATE BID - $440,269.50 LATERAL 55, MAIN 4 SWI (Westwood Addition) 468-82431 (742163) KC Excavating - $16,060.00 PAVE BAY COUNTRY, BAY COUNTRY CIR & CINDY (Country Meadows West) 472-82777 (764274) Kansas Paving - $223,572.80 (LUMP SUM TOTAL ALT #1) WATER SUPPLY LINE (Pawnee Mesa Addition) 448-88859 (733816) KC Excavating - $68,032.00** AND WATER DISTRIBUTION SYSTEM (part of Pawnee Mesa Addition) 448-89138 (733824) KC Excavating - $27,180.00** **TOTAL AGGREGATE BID - $95,212.00 LATERAL 378, SW INTERCEPTOR SEWER (Lark 5th Addition) 468-82747 (743161) Dondlinger Construction Company, Inc. - $31,642.00 WATER DISTRIBUTION SYSTEM (Regency Lakes and Regency Lakes 2nd) 448-89131/733758) WBW Contractors - $65,618.00 LATERAL 376, SW INTERCEPTOR SEWER (Oakridge 2nd Addition) 468-82722 (743195) Dondlinger Construction Company, Inc. - $86,244.00 Knight moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign for the City. Motion carried 7 to 0. DEPARTMENT OF HUMAN SERVICES/WICHITA HOUSING AUTHORITY: MCLEAN MANOR RENOVATION 127753 Kane Construction, Inc. - $449,850.00 DEPARTMENT OF HUMAN SERVICES/WICHITA HOUSING AUTHORITY: RESTROOM RELOCATION AT PROPERTY MANAGEMENT OFFICE 127696 Baker Construction - $22,500.00 DEPARTMENT OF PUBLIC WORKS/FLEET&BUILDINGS: EXTERIOR CAULKING, SEALING & MISC. REPAIRS TO THE MAIN LIBRARY 791590-2505 Original Rock Replicas - $32,250.00 (Total Net Base Bid) $ 6,250.00 (Option #1 Per Lump Sum) $ 7,700.00 (Option #2 Per Lump Sum) $ 3,775.00 (Option #3 Per Lump Sum) Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid. Motion carried 7 to 0. LICENSE APPLICATIONS APPLICATION FOR ADULT ENTERTAINMENT LICENSE. David A. Cherry Kansas Video Corp. d/b/a2726 North Amidon Video Adventures APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1997 (Consumption off Premises) Mark A. Boswell Conoco Midway Oil #410409 West Maple American Drug Stores Osco Drug Store #21322501 South Seneca American Drug Stores Osco Drug Store #21333333 East Central American Drug Stores Osco Drug Store #21354035 East Harry American Drug Stores Osco Drug Store #21632020 North Woodlawn New Operator 1997 (Consumption off Premises) Terry L. Bertschy Wal-Mart Supercenter #15073030 North Rock Road New Establishment 1997 (Consumption on Premises) *Joseph M. Schwab Opie's Pizza & Grill3433 North Rock Road #101 *(More than 50% of gross revenues from sale of FOOD). Motion -- Knight moved that the licenses be approved subject to Staff review and approval. -- carried Motion carried 7 to 0. PLANS AND SPECS. PLANS AND SPECIFICATIONS. a. Decel Lane on 21st Street North to serve Lot 1, Block 1, Golf Park West Addition (south of 21st Street North, east of Tyler). (472-82733/763813/490484) Traffic to be maintained through construction using flagpersons and barricades. Contractor must maintain access at all times to Dairy Queen. (Council approval date 6-11-96) (District V) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., August 8, 1997. Motion carried 7 to 0. b. 1997 Park Bikeway System (along the Big River). (472-82792/785642/440096) Traffic to be maintained through construction. (Council approval date 1-14-97) (District IV, V & VI) c. 997-1998 CDBG Street Improvements at various locations. (618595/805005) Traffic to be maintained through construction. (Council approval date 7-1-97) (District n/a) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., August 15, 1997. Motion carried 7 to 0. SUBDIVISION PLANS AND SPECIFICATIONS. a. Water Distribution System to serve Lark 5th Addition (west of Lark, south of Kellogg). (448-89166/733923/470470) Traffic to be maintained during construction. (Council approval date 7-8-97) (District V) b. Water Distribution System to serve Lark 5th Addition (west of Lark, south of Kellogg). (448-89167/733964/470474) Does not affect existing traffic. (Council approval date 7-8-97) (District V) c. 21st Street Accel/Decel Lane to serve Bradley Fair 3rd Addition (south of 21st, east of Rock). (472-82848/764399/490542) Traffic to be maintained through construction. (Council approval date 7-1-97) (District II) d. Water Distribution System to serve Rocky Creek Addition (north of 13th, east of 127th Street East). (448-89095/733626/470440) Does not affect existing traffic. (Council approval date 3-4-97) (District VI) e. 21st Street Accel/Decel and Left turn Lanes to serve Tallgrass & Tallgrass Commercial 5th Additions (north of 21st, east of Rock/north of 21st, east of Rock/south of 21st, east of Webb/east of Rock Road). (472- 82580/82581/82728/82806/764001/763995/763698/764225/490503/490502/490472/490 525) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 5-2-95/5-2-95/5-21-96/3-18-97) (District II) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., August 15, 1997. Motion carried 7 to f. Main 25, War Industries Sewer to serve the Boeing Company (from Turnpike Drive west to K-15 & along K-15 North ot I-135). (468- 82318/741512/480243) Traffic to be maintained through construction. (Council approval date 3-25-97) (District III) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., August 22, 1997. Motion carried 7 to 0. PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. 1997 Arterial Sidewalk and Wheel Chair Ramp Construction Phase II at various locations. (472-82821/706572/405211) Traffic to be Maintained through construction. (Council approval date 3-4-97) (District All) - $225,000.00 b. Water Distribution System to serve Bridgefield Addition (south of Central, east of 127th Street East) (448-89144/733840/470462) Does not affect existing traffic. (Council approval date 5-13-97) - $225,000.00 c. Woodchuck, 16th Street North and Harvest to serve Socora and Westridge Villages (east of Tyler, south of 17th). (472- 82281/764357/490538) Does not affect existing traffic. (Council approval date 10-20-92) - $177,068.00 d. 16th Street North from the west line of Lot 34, Block 2, and the west line of Lot 10, Block 4 to the east line of Lot 46, Block 2 and the east line of Lot 1, Block 6; Redbarn Circle from the north line of 16th Street North to an including the cul-de-sac, serving Lots 34 through 46, Block 2; Aberdeen and Redbarn from the west line of Lot 13, Block 4 and the west line of Lot 10, Block 5 to the south line of 16th Street North; and Redbarn and Harvest from the south line of Aberdeen to the east line of Lot 17, Block 4 and the east line of Lot 7, Block 6 to serve Socora Village (east of Tyler, south of 17th). (472-82280/764365/490539) Does not affect existing traffic. (Council approval date 10-20-92) - $148,753.00 e. College Hill Sanitary Sewer Phase III (east of Hillside, north of Douglas). (468-82750/621557/533266) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 1- 7-97) - $125,000.00 f. Sanitary Sewer Reconstruction Between Maple and McLean from Meridian to Seneca, Phase II (north of Kellogg, west of Seneca). (468-82751/621771/533288) Traffic to be maintained through construction using flagpersons and barricades. (Council Approval 1-7-97) - $400,000.00 Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 7 to 0. MOURER ADDITION PETITION FOR WATER DISTRIBUTION SYSTEM TO SERVE LOT 3, MOURER ADDITION (NORTH OF HARRY, WEST OF WEST). (District IV) Agenda Report No. 97-682. The water line will serve a single-family home. The estimated project cost is $6,000, with $3,000 paid by Special Assessments and $3,000 paid by the Water Utility. The utility share is for the cost of eliminating a dead-end main. State Statutes provide that a Petition is valid if signed by a majority of property owners or by owners of the majority of the property in the improvement district. Motion -- Knight moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-97-289 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89184 (north of Harry, west of West Street) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. WESTFIELD ACRES PETITION FOR SANITARY SEWER TO SERVE PART OF LOT 30, WESTFIELD ACRES ADDITION (NORTH OF MAPLE, WEST OF TYLER). (District VI) Agenda Report No. 97-683. The Sanitary Sewer will serve a single-family home. The estimated project cost is $12,500. Funding source is Special Assessments. State Statutes provide that a Petition is valid if signed by a majority of property owners or by owners of the majority of the property in the improvement district. Motion -- Knight moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-97-290 Resolution of findings of advisability and Resolution authorizing construction of Sanitary Sewer Number 468-82753 (north of Maple, west of tyler) 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, Ferris, Gale, Kamen, Lambke, Rogers, Knight. MERIDIAN & 61ST ST. N. PETITION FOR WATER DISTRIBUTION SYSTEM TO SERVE AN UNPLATTED TRACT WEST OF MERIDIAN, SOUTH OF 61ST STREET NORTH. (District VI) Agenda Report No. 97-684. The water line will serve a single-family home. The estimated project cost is $3,600. Funding source is Special Assessments. State Statutes provide that a Petition is valid if signed by a majority of property owners or by owners of the majority of the property in the improvement district. Motion -- Knight moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-97-291 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89185 an unplatted tract west of Meridian, south of 61st Street North 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, Ferris, Gale, Kamen, Lambke, Rogers, Knight. BOARDS MINUTES MINUTES OF ADVISORY BOARDS. Board of Electrical Appeals, 7/8/97 Board of Housing Commissioners, 5/15/97 Board of Housing Commissioners, 5/29/97 Board of Housing Commissioners, 6/19/97 Board of Zoning Appeals, 6/24/97 Metropolitan Area Planning Commission, 5/29/97 Metropolitan Area Planning Commission, 6/5/97 Metropolitan Area Planning Commission, 6/12/97 Metropolitan Area Planning Commission, 6/19/97 Wichita Metropolitan Transit Authority, 6/26/97 Wichita Public Library, 6/15/97 Wichita/Sedgwick County Board of Health, 6/10/97 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 7 to 0. STREET CLOSURES CONSIDERATION OF STREET CLOSURES/USES. There were no street closures considered. CONNECTING LINK CONNECTING LINK AGREEMENT FOR STATE AND FEDERAL HIGHWAYS. Agenda Report No. 97-685. Sections of federal and state highways within the City limits of Wichita are designated as Connecting Links by the Kansas Secretary of Transportation. These Connecting Links include the Interstate Routes (I-135, I- 235 and I-35), Federal Highways (U.S. 54, U.S. 81 and U.S. 400), and State Highways (K-2/42, K-15, K-96 and K-254). Kansas Statutes provide that the Secretary of Transportation shall be responsible for maintenance of all fully access controlled (freeway) connecting links. The statutes also authorize the Secretary to enter into agreements with cities for the maintenance of other connecting links. If the Secretary does not maintain the connecting link, the City shall be reimbursed $2,000 per lane mile for all connecting link mileage within the City limits. Because of the recent completion of improvements to Kellogg from east of the Airport interchange to the Big Ditch, which now provides for full access control for this section of U.S. 54 and U.S. 400, the Kansas Department of Transportation (KDOT) will assume the maintenance responsibility for this roadway. The total mileage that the City is responsible for maintaining will be reduced from 67.7 to 60.548 lane miles. The Connecting Links that the City will continue to maintain include: Kellogg (U.S. 54/400) - 119th St West to Ridge Interchange, & I-135 to east City limits Broadway/47th St South (U.S. 81) - 55th St, north to 47th, then east to I- 135 Southwest Blvd. (K-2/42) - Hoover Rd to U.S. 54 Southwest Blvd. (K-15) - Kansas Turnpike to I-135 The City is reimbursed for maintenance expenditures at the rate of $2,000 per lane mile. Total reimbursement to the City will reduce from $135,400 to $121,096. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. PATH ALONG K-96 FORCE ACCOUNT AGREEMENT FOR PEDESTRIAN AND BICYCLE PATH ALONG K-96. (Districts I & II) Agenda Report No. 97-686. The Agreement between the City and the Kansas Department of Transportation (KDOT) is for construction engineering services for a Pedestrian and Bicycle Path along K-96 Bypass from Oliver to the east city limits. On March 19, 1996, the City Council approved the project for construction, and approved an agreement with KDOT to provide 80 percent federal funding. The project is a part of the 1996 Capital Improvement Program (CIP No. P-9301). A bikepath will be constructed from a point near 29th and Oliver, through Chisholm Creek Park, and along the south side of K-96 to a point about 1/2 mile east of Webb Road. KDOT will reimburse the City for 80 percent of the cost of construction engineering services, which has an upper limit of $40,459.77. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to sign. -- carried Motion carried 7 to 0. OAK RIDGE SECOND AGREEMENT FOR DESIGN SERVICES FOR OAK RIDGE SECOND ADDITION. (District V) Agenda Report No. 97-687. The City Council approved the Oak Ridge Second Addition plat on July 15, 1997. The proposed Agreement between the City and Mid-Kansas Engineering Consultants, Inc. (MKEC) provides for the design of Lateral 376, Southwest Interceptor Sewer; Storm Water Sewer No. 491; Water Distribution System No. 448 89152; and paving Pepper Ridge, Shady Lane, Shadow Lakes, Pepper Ridge Courts, 29th Street North, and sidewalk (north of 29th Street North, east of Tyler). Because MKEC provided subdivision engineering services for this addition, it can expedite construction plan preparation. Payment will be on a lump sum basis not to exceed $63,200 and will be paid by Special Assessments. Motion -- Knight moved that the Agreements be approved, and the Mayor be authorized to -- carried sign. Motion carried 7 to 0. HESS PUMP STATION AUTOMATION OF HESS PUMP STATION. (All Districts) Agenda Report No. 97-688. The Hess Pump Station was constructed in 1973. This facility is the high service pump station for the water distribution system. It is used to pump treated water from underground reservoirs located near the water treatment plant into the distribution system and provides the system pressure that operates the distribution system. The Hess Pump Station has a total of eight pumps. These pumps are controlled by the operator in the control room of the water treatment plant. The operator currently determines how many pumps should be operating by looking at pressure readings from several remote locations in the distribution system, and then, in response to those observations, either adjusts a variable speed pump, or turns one of the pumps off or on. While the operation of the pumps is done remotely, it is essentially a manual operation. The skill of the individual operator is an essential part of how smoothly the pumps are adjusted. However, because of the size of the pumps, it is very difficult for even the most skilled operators to turn pumps off and on without creating pressure "spikes" in the distribution system. Advancements in computer modeling now allows the development of computer systems that are able to perform the function of operating the pumps at pump stations. These systems can be more effective than a human operator in monitoring distribution system demands and making adjustments to the pumps. This project includes the acquisition and development of computer hardware and software for the automated operation of the Hess Pump Station. Staff believes that this type of automation will reduce energy costs, improve system pressures, and reduce water line breaks associated with recurring pressure spikes. This project is included in the City's approved 1997 Capital Improvement Program (CIP #W-410, Computer Controls at Hess Pump Station) at a budgeted amount of $375,000. This amount includes engineering services, computer hardware and programming. The City's Administrative Regulations require that projects with professional services fees in excess of $10,000 be submitted to the Council to initiate the project. After selecting a firm to perform these services and negotiating a contract, staff will return with a contract for Council to approve before work proceeds. Motion -- Knight moved that the Staff Screening and Selection Committee be authorized to solicit responses to an RFP for professional engineering services needed to automate the operation of the Hess Pump Station, and to negotiate a contract for -- carried such services with the selected firm. Motion carried 7 to 0. DEBT LIMITATION COMPUTATION OF DEBT LIMITATION. Agenda Report No. 97-689. Senate Bill No. 53 (1997 Session) repeals KSA 79-5037, and provides a substitute provision which gives municipalities the option of electing to continue computing debt limit in the manner prescribed by KSA 79-5037 or of returning to the limit prescribed by KSA l10-308. The Attorney General's Office requested the election be made by Resolution. KSA 79-5037 (effective January 1, 1990) suspended all existing statutory debt limitations computed on the basis of assessed valuation. In the year of implementation of reappraisal (1990) and in all years thereafter, any indebtedness was limited to a percentage of assessed valuation. The percentage was determined by dividing the amount of indebtedness authorized in the year before reappraisal (1989) by the assessed valuation in that same year. The City's calculation of debt limitation since 1990 has been 23.4 percent of the assessed value of all tangible property. KSA 10-308 will permit the City to calculate the debt limitation for general obligation bonds at 30 percent of the equalized assessed taxable tangible valuation, less amounts which are exempt by State statutes. Approximately 6.6 percent of $127.5 million will be added to the available debt limitation based on the 1997 assessed value of $1,932,627,650. This limit has no impact on the City's actual debt; it only serves to provide a greater margin for the City in the future. Motion -- carried Knight moved that the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-97-292 A Resolution of the City of Wichita, Kansas, making an election with regard to the computation of the city's bonded debt limit, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. (Item No. 23) WEAPONS DESTRUCTION WEAPONS DESTRUCTION. Agenda Report No. 97-690. The Police Department has requested authorization to destroy several weapons which have been confiscated in criminal activity but are no longer needed as evidence. City Code provides that weapons seized in connection with criminal activity shall be destroyed or forfeited to the Wichita Police Department. All transactions involving weapon disposal must have prior approval of the City Manager. A list of weapons being destroyed includes a total of 104 handguns and 40 long guns. Destruction of the weapons will be witnessed and monitored by Staff. Council Member Kamen left the Bench. Council Member Lambke Council Member Lambke suggested that, instead of destroying the weapons, the Police Department be allowed to sell the weapons and that the moneys be turned over to the Police Benefit Fund. Destruction will not keep guns from being on the streets as long as weapons are being manufactured. Motion -- Knight moved that the Item be deferred, the City Manager consult with the Police Department, and the Item returned to the Council for future consideration. -- carried Motion carried 6 to 0. (Kamen absent) (Item No. 24) ENVIRONMENTAL EDUCATION CONTRACT FOR ENVIRONMENTAL EDUCATION CAMPAIGN. Agenda Report No. 97-691. In 1993, the City Council approved funding for a comprehensive environmental education program which was established based on recommendations from a task force of citizens which believed the City needed to play an active role in promoting and educating people about recycling, water conservation, and other environmental issues. It is proposed to continue that mass media public awareness campaign on a year around basis, with environmental messages on a variety of topics reaching the public. In order to maximize use of the advertising dollars budgeted for environmental education, it is recommended On the Lake Creative Services (OTL) be hired to handle media planning and placement for the City. RFPs were sent to 15 area advertising agencies and media buying services and six firms responded. OTL was selected because it offered the best value in terms of services provided. OTL Creative will: 1) recommend which programs and times to buy to reach the target audience, (2) negotiate advertising rates and contracts, 3) analyze demographic information and audience ratings, 4) assist with creative and production aspects of the campaigns, and 5) pay all of the individual media advertising bills on behalf of the City. The contract is not to exceed $300,000, which will be funded from the Environmental Trust Fund and Water Conservation Fund approved for this purpose. The 1997 City Budget allocates $200,000 for advertising in the Environmental Education Program. The 1997 Water Conservation advertising budget is $100,000. Council Member Lambke Council Member Lambke said $300,000 was excessive for the months left in this year and suggested the City get public service announcements from paper and radio. Council Member Lambke said he would like the matter deferred to see if there might be a better way to spend the money. Council Member Kamen present. Mike Taylor Government Relations Director explained that an advertising agency would be used to determine a schedule for advertising as necessary for the Water and Environmental Trust Funds. No schedule has been finalized. The $300,000 is this year's total amount and advertising expenditures would be made as needed. It is suggested that the Council proceed with the contract today, and Items will be returned to the Council with information regarding schedules and amounts for Council approval. Chris Cherches City Manager explained that $100,000 of the amount is for Water education and is a direct State mandate. The environmental portion of $200,000 is a City Council policy developed four years ago and goes towards recycling education and other environmental education. Motion -- Lambke moved that the Item be deferred one week for further study. Council Member Rogers Council Member Rogers said the community needs to understand various implications. Caution should be used regarding reducing the education budget. Motion -- Ferris moved a substitute motion that the Contract be approved and the Mayor be authorized to sign; and that no expenditures be made until they are returned to -- carried the City Council. Substitute motion carried 5 to 2. Lambke, Kamen - No. PERMANENT EASEMENT GRANTING OF A PERMANENT EASEMENT ACROSS CITY-OWNED PROPERTY LOCATED AT 37TH STREET NORTH BETWEEN WOODLAWN AND ROCK ROAD. (District II) Agenda Report No. 97-692. In 1979, land in the Comotara area formally known as Lot 1, Block 1 of the North Point Industrial Park was dedicated to the City to be used for the construction of a public rail dock. The land would revert to the donor if it were used for other purposes. In 1981, a dock was built using special assessments and grant funds. Central Plains Steel owns the site that borders the City property to the west and north and their manufacturing plant encircles the parcel on these two sides. Central Plains Steel has requested permission to construct a drive from the concrete slab adjacent to the rail dock to the eastern portion of their facility. This drive would allow Central Plains Steel to bring rolled steel into their facility for processing. Currently all access to the plant is from the west. An eastern access would facilitate their manufacturing process. To this end they proposed an easement to allow this access. Because the land was dedicated to the City with reversionary rights, the site could not be sold to Central Plains. Also, although none of the existing companies are utilizing the dock, there is still some undeveloped sites in the area and those are being marketed as having rail access. The proposed drive starts at the northwest corner of the existing paving and connects to Central Plain's building across what is currently grass. The proposed drive will not impact the utilization of the dock area in any way. Central Plains Steel is responsible for the construction and maintenance of the drive. The easement will have no financial impact on the City. Motion -- Knight moved that the Easement be Approved and the Mayor be authorized to sign. -- carried Motion carried 7 to 0. SALARY ORDINANCES SALARY ORDINANCES. Agenda Report No. 97-693. Pay ranges for seasonal and limited positions (400 and 500 series) must be adjusted to comply with minimum wage legislation enacted by the Federal government in 1996. In addition, a review of position classifications is an ongoing process for the City. With changes in services provided and in the way departments and work programs are organized, positions need to be created and/or modified accordingly. The proposed salary ordinance revisions deal with both the minimum wage and with classification changes. In 1996, Congress enacted changes to the Fair Labor Standards Act which included an increase of the minimum wage to $5.15 per hour. The increase was to be implemented in two phases. Compliance with the first phase was accomplished by revision to the salary ordinances in late 1996. The second phase must be accomplished prior to September 1, 1997. Other proposed changes to the ordinances include a job title change for the Government Relations Officer. This job title is more descriptive of current assignments. The prior job title has been deleted. New titles have also been added for Administrative Hearing Officer to provide for a presiding officer over traffic court, for Event Coordinator to provide effective customer response to increasing business at Century II, and for Senior Systems Analyst to provide network support. All changes have been reviewed by the Budget Office, and are provided for in the proposed 1998 and revised 1997 budgets, or can be absorbed without further budget revision. Motion -- Knight moved that the Ordinances be placed on first reading. Motion carried -- carried 7 to 0. ORDINANCE 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 rates repealing Ordinance No. 43- 329, introduced and under the rules laid over. ORDINANCE An Ordinance providing for a uniform schedule of standard pay ranges for all employees of the City of Wichita, repealing Ordinance No. 43- 517, introduced and under the rules laid over. ORDINANCES SECOND READING ORDINANCES. (First reading July 29, 1997) Trust Indenture - Dye Hard. (District VI) ORDINANCE NO. 43-543 An Ordinance authorizing execution and delivery of a first amended trust indenture, amending and supplementing a certain trust indenture dated June 1, 1993, authorizing and securing the City's Taxable Industrial Revenue Bonds, Series IV, 1993 (Dye Hard, Inc.), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. Special Assessments. ORDINANCE NO. 43-544 An Ordinance making a special assessment to pay for the cost of cutting weeds in the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. Annexation A 97-18 - South of 29th on Tyler Road. (District V) ORDINANCE NO. 43-545 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, Ferris, Gale, Kamen, Lambke, Rogers, Knight. A-97-18 Annexation A 97-19 - Intersection of 21st and Maize Road. (District V) ORDINANCE NO. 43-546 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, Ferris, Gale, Kamen, Lambke, Rogers, Knight. A-97-19 Zoning Z-3232 - South of Central, East of West Street. ORDINANCE NO. 43-547 An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. Z-3232 Zoning Z-3236 - North of Barbara, East of Seneca. ORDINANCE NO. 43-548 An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. Z-3236 OFF AGENDA ITEM CENTURY II CENTURY II KITCHEN SUPPLIES. Motion -- Ferris moved that the rules be set aside and an Item concerning Century II -- carried kitchen supplies be taken up off the Agenda. Motion carried 7 to 0. Council Member Ferris Council Member Ferris said the City had previously contracted for $145,000 towards replacement of kitchen equipment. This amount is not nearly enough to take care of replacing equipment that has not been replaced for 12 years or longer. A consultant did an evaluation and it is estimated that it will take approximately $317,000 ($196,000 over the previously budgeted amount) to replace the equipment. The Catering contract receipts, over a five-year period, would pay for the extra expenditure. The equipment should be purchased all at one time. The additional funds should be taken from the Reserve Fund with the Reserve Fund paid back by the caterer by receipts from catering. Motion -- Ferris moved that Staff be authorized to expend and to take bids up to $317,000 -- carried to replace Century II kitchen equipment. Motion carried 7 to 0. OFF AGENDA ITEM OLD TOWN PARKING OLD TOWN PARKING Motion -- Knight moved that the rules be set aside and an Item concerning Old Town Parking be taken up off the Agenda. Council Member Kamen declared a conflict of interest and left the Bench. -- carried Motion carried 6 to 0. (Kamen absent) Chris Cherches City Manager explained that David Burk, Old Town Association, has asked that the Douglas Street Parking be extended to Emporia and expanded to cover the entire weekend starting with Friday evening. The barricades would be put up Friday and left up all day Saturday and Sunday, and then removed at the end of the weekend. The situation would be monitored for two weeks and reported to the City Council for final decision. Motion -- Cole moved that the Douglas Street Parking be extended to Emporia and expanded to cover the entire weekend starting with Friday evening, for a two week period to be returned to the City Council for final approval conditioned on: the Old Town Association additionally pay the off-duty Police Officers be paid from 10:00 p.m. to midnight, and the Old Town Association create a plan to manage employee parking. Mike Watson Police Chief, responding to a question, clarified that Douglas would not be closed to traffic but that the center lanes would be closed for parking with through traffic one lane each direction. -- carried Motion carried 6 to 0. (Kamen absent) ADJOURNMENT The City Council meeting adjourned at 12:25 p.m. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 164 AUGUST 5, 1997 Page 1