MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, July 30, 1996 Tuesday, 9:10 A.M. The City Council met in regular session with Vice Mayor Cather in the Chair. Council Members Cole, Ferris, Gale; present. Mayor Knight and Council Members *Kamen, Rogers; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Father William M. Carr, St. Mary's Cathedral. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. *Council Member Kamen present. Minutes -- The minutes of the regular meeting of July 23, 1996, were -- approved approved 5 to 0. (Knight, Rogers; absent) AWARDS AND PRESENTATIONS Presentation of Supervisory/Management Certificate PROCLAMATIONS Vice Mayor Cather presented the Proclamations previously approved. PUBLIC AGENDA COMMENTS BY DAVID FRANKS. David Franks David Franks, 3001 East 2nd Street North, requested that City Code Section 11.97.010(b) regarding "abandoned vehicles" be amended. Mr. Franks said the frequency with which a vehicle is driven should not be a a determining factor. There are some persons who have no off-street parking available, may be gone on vacation or otherwise away from home for an extended period of time, or may just not drive their vehicle with much frequency. Council Member Cole Council Member Cole said she has received calls in this regard. There are also structures which have been converted into apartments and homes which have no off-street parking except for small alley-accessible drives, and sometimes residents do not want to park in the alley where the vehicle may be unsafe. Council Member Kamen momentarily absent. Vice Mayor Cather Vice Mayor Cather asked the City Attorney to look into this matter and to visit with Council Members Cole and himself about possible solutions. Vice Mayor Cather said he would contact Mr. Franks. UNFINISHED BUSINESS LANDFILL POLICY WHITE GOODS SHREDDER FLUFF POLICY FOR BROOKS LANDFILL. (District VI) Steve Lackey Director of Public Works reviewed the Item. Agenda Report No. 96-583 A. On February 6, February 27, and July 16, 1996, the City Council reviewed the management for the White Goods Sorting Program at Brooks Landfill. On July 16, the City Council focused on the disposal of shredder fluff (waste) from businesses that shred and recycle white goods. Staff was directed to develop a policy for Council approval on shredder fluff that embodies the recommendations of the Wichita-Sedgwick County Solid Waste Management Committee. The Wichita-Sedgwick County Solid Waste Management Committee recommended on July 1, 1996, that the City Council approve the White Goods Sorting Program at Brooks Landfill, adopt the policy and procedures for white goods handling to be included in the Brooks Operating Plan, set the allowable limits for contaminants in white goods shredder fluff to be the same as those set by EPA/KDHE, and that staff develop a schedule for the frequency of testing shredder fluff. The proposed policy statement meets the recommendations of the Committee. Generators of white goods shredder fluff will be required to submit test results on their initial load, and periodically on future loads on a random basis. Loads testing higher than the EPA/KDHE allowances for contaminants will not be accepted into the Landfill. Loads with contaminant levels below the EPA/KDHE allowable limits will be accepted at the normal tipping rate per ton. A formal Disposal Authorization through KDHE will not be required for this waste. KDHE has advised that they do not consider a Disposal Authorization necessary. The City's testing policy will require more frequent testing if previous tests warrant concern. Generators of white goods shredder fluff will pay the same tipping fees as all other customers. Since a Disposal Authorization is not required, special handling fees will not be imposed. The only extra cost associated with such fluff will be periodic testing at the generator's expense. This proposed policy does not require any additional expenditure by the City. Shredder fluff is a part of the White Goods Sorting Program. Council Member Kamen Council Member Kamen expressed concern with regard to the proposed pattern of testing and said there should be more "teeth" in the penalty when loads tested exceed the allowable limits for contaminants. Vice Mayor Cather Vice Mayor Cather inquired if anyone wished to be heard and no one appeared. Council Member Kamen Council Member Kamen said care should be taken to ensure the City and County are protected, and asked that the Public Works Director and Staff work on a proposed recommendation, with regard to the testing and penalty, to be reviewed by Council Members Cole and Kamen, and then to be presented to the City Council. Motion -- Kamen moved that this Item be deferred two weeks and that Staff return to the -- carried Council with recommendations. Motion carried 5 to 0. (Knight, Rogers; absent) NEW BUSINESS DOMESTIC VIOLENCE DOMESTIC VIOLENCE ORDINANCES. Gary Rebenstorf Director of Law reviewed the Items. (a) Domestic Battery Agenda Report No. 96-615. The 1996 Kansas Legislature passed Senate Bill #674 which amended several criminal statutes, and created a separate crime of domestic battery. The bill also set forth mandatory minimum sentences for persons committing a domestic battery, with enhanced penalties for repeat offenders. The proposed ordinance amendment mirrors the new state law, which went into effect on July 1, 1996, and does two things. First, it amends the wording of the definition of the crime of battery contained in the current city ordinance to conform with state law. Second, it creates new and separate code section for the crime of domestic battery, following the definition set forth by the state legislature. The definition of which entails causing bodily harm to a family or household member or a domestic partner, or causing physical contact with a family or household member or domestic partner when the contact is done in a rude, insolent or angry manner. Because the state legislature set forth mandatory minimum penalties for persons committing the crime of domestic battery, a separate section for domestic battery was created to make the distinction between battery and domestic battery more clear. The City's current ordinance does not distinguish between domestic battery and battery for the purposes of punishment. Presently, any battery conviction is subject to a mandatory jail sentence of five consecutive days on a second or subsequent conviction of battery. By creating a separate crime of domestic battery, the proposed ordinance applies the mandatory penalties created by the state legislature only to persons convicted of domestic battery, and a battery conviction that is not domestic by definition will remain subject to the penalties of the current ordinance. Another feature of the proposed ordinance is the definition of "family or household member" which mirrors the new state law. This definition is much more broad than that used in the City's current domestic violence program. The definition includes persons 18 years of age or older who are spouses, former spouses, parents or stepparents and children or stepchildren, and persons who are presently residing together or who have resided together in the past, and persons who have a child in common regardless of whether they have been married or have lived together at any time. The definition also includes a man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether the man and woman are married or have lived together in the past. The proposed ordinance also sets forth mandatory minimum sentences for persons committing the crime of domestic battery. A first offense requires a minimum sentence of 48 consecutive hours up to 6 months in jail, and a fine of not less than $200 nor more than $500. On a first conviction, the court may, in lieu of the mandatory sentence, order an offender to enter and successfully complete a court approved domestic violence prevention program. Upon a second conviction, a person is sentenced to not less than 90 days nor more than 1 year's imprisonment and a fine of not less than $500 nor more than $1,000. The offender may be placed on probation only after serving 5 consecutive days in jail, part of which may be served in a work release program. As a condition of probation, the offender must enter and complete a court approved program for domestic violence prevention. The proposed ordinance also contains some provisions which differ from the new state law. Several features of the City's current domestic violence program are not a part of the new state law, therefore, in an attempt to reconcile the new state law with the City's current domestic violence program, the proposed amendment differs from the new state law as follows: The definition of "domestic partner" has been added to the group of persons who are considered to comprise relationships subject to the domestic battery law. This was done because the new state law omitted persons who are involved in an on-going intimate relationship but have never lived together from being considered as a relationship subject to the domestic battery law. The new state law only enhances prior convictions which have occurred in the preceding five years. The current City ordinance does not contain a time limit in which to consider prior battery convictions for enhancement purposes. Therefore, the five year time limit was not included in the proposed amendment, to maintain the consistency with the City's current domestic violence program. The new state law does not define the type or length of domestic violence prevention program that the court may utilize in lieu of the mandatory 48 hours imprisonment for first offenders. The proposed amendment requires that such prevention programs be "court approved" which would allow the municipal court judges to determine what programs would be acceptable. This would allow for consistency in sentencing under the proposed ordinance. The proposed ordinance provides for the City to continue with its deferred judgment program for first time domestic violence offenders. However, if a person is convicted of domestic battery or battery a second time, after having completed the deferred judgment program, then the deferred judgment will count as a prior conviction for sentencing purposes. While the net effect of this proposed ordinance will be to increase the caseload of the City's domestic violence program, the amendments are necessary to bring the City's ordinances into conformity with state law. Since the state legislature has determined there should be a mandatory minimum sentence for the crime of domestic violence, the City's ordinance cannot be more lenient and must provide for the same minimum penalty. Council Member Ferris momentarily absent. Vice Mayor Cather Vice Mayor Cather inquired if anyone wished to be heard and no one appeared. Motion -- Kamen moved that the Ordinance be placed on first reading. Motion carried -- carried 5 to 0. (Knight, Rogers; absent) ORDINANCE An Ordinance amending Section 5.10.020 of the Code of the City of Wichita, Kansas, pertaining to battery, and repealing the original of said Section, and creating Section 5.10.025 pertaining to domestic battery of the Code of the City of Wichita, Kansas, introduced and under the rules laid over. (b) Violation of Restraining Orders Agenda Report No. 96-616. The 1996 Kansas Legislature passed Senate Bill #674 which amended several criminal statutes, including criminal trespass. The amendment set for a mandatory minimum sentence for persons committing a criminal trespass which involves the violation of domestic protective or restraining orders. The proposed ordinance amendment mirrors the language of the new state law, which goes into effect on July 1, 1996. The proposed amendment to Section 5.66.050 is necessary to bring the city's ordinance into conformity with state law regarding the mandatory penalty. It provides that upon conviction of a criminal trespass involving the violation of a domestic restraining or protective order, a person must be sentenced to not less than 48 consecutive hours of imprisonment. The 48 hours must be served before or as a condition of any grant of probation, suspension or reduction in sentence. Since the state legislature has determined there should be mandatory minimum sentences for this crime, the City's ordinance cannot be more lenient, and must provide for the same minimum penalty. Vice Mayor Cather Vice Mayor Cather inquired if anyone wished to be heard and no one appeared. Motion -- Kamen moved that the Ordinance be placed on first reading. Motion carried -- carried 5 to 0. (Knight, Rogers; absent) ORDINANCE An Ordinance creating Section 5.69.010 of the Code of the City of Wichita, Kansas, pertaining to the violation of protective orders, introduced and under the rules laid over. (c) Definition of Domestic Violence Agenda Report No. 96-617. The 1996 Kansas Legislature passed Senate Bill #497 which created the crime of Violation of Protective Orders. The Bill also mandated that prosecuting attorneys, including City Attorneys, adopt written polices to aid in the enforcement of restraining orders issued in domestic violence cases. The proposed ordinance creates the crime of Violation of Protective Orders. The ordinance makes it a crime to violate a Protection From Abuse Order issued by a District Court, or orders issued by the municipal court restraining defendants from having contact with victims of domestic violence. The ordinance will provide an additional mechanism to be utilized by prosecutors in the enforcement of such orders. Currently, the city can only enforce violations of such orders which actually occur on the property of the victim, pursuant to the City's criminal trespass ordinance. Further, the ordinance will provide additional means of enforcement of violations of the terms of a defendant's probation or release which prohibit contact with the victims of domestic violence. The proposed ordinance differs from state law, in that it does not include restraining orders issued in divorce proceedings or those issued pursuant to federal law. These types of orders remain enforceable in the District and Federal Courts. The net effect of the proposed ordinance will be to increase the caseload of the City's domestic violence program, however, the amendments are necessary for the City to comply with the state law's mandates requiring prosecuting attorneys to assist in the enforcement of restraining orders issued in domestic violence cases. Vice Mayor Cather Vice Mayor Cather inquired if anyone wished to be heard and no one appeared. Motion -- Kamen moved that the Ordinance be placed on first reading. Motion carried -- carried 5 to 0. (Knight, Rogers; absent) ORDINANCE An Ordinance amending Section 1.06.010 of the Code of the City of Wichita, Kansas, pertaining to definitions and repealing the original of said Section, introduced and under the rules laid over. WI/SE FUNDING REQUEST REQUEST TO APPROVE FUNDING FOR SPECIAL PROJECT (FLYING IN FORMATION). Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-618. WI/SE Partnership for Growth has requested that the City participate in funding a collaborative effort to help the aviation companies fill job openings. The request for funding is in the amount of $25,000. "Flying in Formation" is a collaborative effort of Boeing, Cessna, Learjet, Raytheon Beech, the Chamber of Commerce and WI/SE to help the companies fill approximately 4,600 job openings in 1996. The job effort involves recruiting professional and technical talent to the community. The total budget for this effort is $7,629,885. Of this total, the four aviation companies are funding $7,205,885 (94%); WI/SE has allocated $100,000 (cash and in- kind); the Chamber estimates its investment at $50,000 (cash and in-kind). The State of Kansas has been asked to grant $200,000 and Sedgwick County has been asked for $25,000. Funds are available in reserves to fund the City's share of $25,000, subject to City Council approval. Roger Elliott Roger Elliott, WI/SE, said the request represents some of the costs involved for the marketing effort as WI/SE prepares to do additional job fairs around the Country. The City's funds would be directed totally toward the job fair and not toward travel and personnel expenses. WI/SE is committing more of its advertising budget to this effort and other programs are being looked at for reallocation of funds to support this effort. Roger Elliott, responding to questions, said a lot of the $7.6 million represents in-kind contributions from aviation industry in-house expenses of personnel resources, general office, travel, interviewing process costs, implementing the job fairs, and taking the applicant from the interview process to being on-site ready to work. Council Member Ferris Council Member Ferris requested actual budget costs for advertising and setting up the job fairs (i.e., costs of renting space, etc.). Roger Elliott Roger Elliott said he would have to get the requested information. Council Member Cole Council Member Cole requested information on dollar figures on the St. Louis effort and the number of jobs produced in that effort. Roger Elliott Roger Elliott, regarding the number of jobs produced in the St. Louis effort, said an estimated 30 to 50 persons were offered jobs and had accepted. The effort is continuing to be monitored. Council Member Ferris Council Member Ferris clarified that his request was for a breakdown of the costs for WI/SE in setting up and conducting the job fairs and would not include the aviation personnel costs. Vice Mayor Cather Vice Mayor Cather inquired if anyone wished to be heard and no one appeared. Council Member Ferris Council Member Ferris questioned WI/SE asking the City to participate with an extra $25,000. The City makes a contribution to WI/SE that is to be used for this purpose. Until a reason is seen that what WI/SE is currently doing in its own budget is not going to be enough, Council Member Ferris said he would not be supportive of any additional moneys. Council Member Cole Council Member Cole said this is an extraordinary effort and the request comes at the end of their year. If this kind of thing were to be planned in the year to come, it should be planned and executed within the budget. This effort was something a number of people, including a number of Council Members, supported and urged to be done. The effort was not planned in 1996 and serious consideration should be given to funding the $25,000 requested for 1996. Roger Elliott Roger Elliott said he could provide the requested information within the week. Motion -- Cather moved that this Item be deferred one week. Motion carried 5 to 0. -- carried (Knight, Rogers; absent) SOLID WASTE PUBLIC COMMENT ON SOLID WASTE MANAGEMENT. Vice Mayor Cather Vice Mayor Cather inquired if anyone wished to be heard and no one appeared. There were no comments taken. BUDGET, 1997 PUBLIC HEARING: 1997 ANNUAL PROPOSED BUDGET. Chris Cherches City Manager reviewed the Item. (a) 1997 Annual Budget/Revisions to the 1996 Budget. Agenda Report No. 96-619. The City Council is conducting workshops on the proposed 1997 budget, and is receiving public comment at the weekly Council meetings. The City Council and County Commission have already received the joint budgets for Metropolitan Area Planning, Flood Control, and Community Health. The proposed 1997 annual operating budget is $299,818,090 (including appropriated fund balances and certain trust funds, as required by law). The budget would necessitate a mill levy of 31.44 mills, no change from the levy requirement for the 1996 adopted budget. The General Fund levy is estimated to be 21.39 mills (including delinquency). The levy for the Debt Service Fund is 10.05 mills (including delinquency). The dollar amounts, after they are set in the published notice of hearings on the proposed budget, cannot be exceeded, although the Council may choose to reduce them. Formal hearing and adoption are scheduled for August 13. If subsequent actions result in an increase to the budget, a process of republication, hearings and certification will be required. In addition to action on the 1997 proposed budget, it is requested that action be taken to amend the 1996 adopted budget as follows: 1. The Property Management Operations Fund is being amended $693,430 to increase expenditure authority for one-time costs associated with acquisition/disposal and management of properties. The increase is offset through a combination of revenue increases and use of the cash balance. 2. The Storm Water Utility Fund is being amended by $2,814,250. This is the net impact of providing cash financing for future and in-progress capital projects. 3. The Data Center Fund is being amended to allow a transfer of an additional $1.2 million of the fund cash balance into an equipment replacement project fund. This fund is being used for implementing various aspects of the recently approved Management Information Systems (MIS) Plan. 4. The Telecommunications Fund expenditure authority is increased $166,860. The equipment replacement reserve fund transfer was increased by $170,000 to provide for improvements to the existing (10 year old) telecommunications system. A consultant was recently retained to assist the City in developing an overall Telecommunications Improvement Plan. Publication of the notice of formal hearing will set the maximum dollars that may be expended in each fund. The City Council may subsequently reduce expenditures required (and proposed tax dollars to be levied) but not increase them. As required by law, the proposed budget will be published with appropriated balances. State statutes require formal public hearings prior to approval of the annual operating budget and for budget amendments of published funds. The 1997 Budget must be adopted by the City Council on August 13, and will be filed with the County Clerk by the statutorial date of August 25. Ray Trail Director of Finance, responding to questions, said the City's contribution to the Storm Water Utility from the General Fund was approximately $515,000 in 1995. In addition, City facilities (park buildings, City Hall, the Airport, etc.) pay the Storm Water Utility fee for impervious areas. For 1996, the $515,000 from the General Fund was in addition to the $1.043 million amount from Cash Reserves. For 1997, the proposed budget includes $515,000 from the General Fund. In addition to that $515,000, all city facilities, from their respective budgets (across, virtually, all funds), would be paying storm water utility fees for their respective facilities. All public facilities pay the same ERU that private facilities pay - everybody is paying the same ERU rate. The proposed budget only has the $515,000. City Council action in 1995 appropriated the $1,043,000 on a one- year-only basis and did not include it for 1997 so it is not being included in the 1997 proposed budget. Council Member Kamen Council Member Kamen said that in the argument given in 1995, he had come to the conclusion that approximately 29 percent of impervious surface was paving and the City should pay the 29 percent. "The motion, I believe, was made that instead of the 29 percent we would add $1,043,000 or something of that sort." Council Member Kamen said he had a problem with going back to the same situation the City had before it was decided the city was either to pay a certain percentage or a certain lump sum. Council Member Kamen said his preference would be that the project level be kept as high as possible because it is necessary that the projects be taken care of. Chris Cherches City Manager said a number of options were available if the Council wished to expand the Storm Water Utility expenditure portion: A) Increase the levy. B) Raise the ERU from $1.22 to some other amount. C) Cut other programs in the budget to offset that amount. D) Allow the storm water drainage projects to compete with other capital projects in the CIP (reduce parks, or streets, or something else if the storm water drainage project were of higher priority). The City Manager said that, in discussions with Mayor Knight, it was the Mayor's belief that he would rather see storm drainage projects, above and beyond what is already programmed in the proposed budget, compete with other capital projects vs. taking money from the reserves or adding to the mill levy. Council Member Kamen Council Member Kamen said those options could be taken in the near future but a change in the mill levy would need to be looked at now. Council Member Kamen stated that he had no problem with any of the options as long as the ratio is kept the same. The $515,000 is there for maintenance. If the City is going back to the same old system, the same old problems exist. Chris Cherches City Manager said one of the recommendation was like it was because the street area contains approximately 27 or 29 percent of the total city area, and it should, likewise, pay that equivalent to the storm drainage; however, staff's position is that streets are part of the drainage system and are not necessarily benefiting because they are a vehicle for carrying water from point one, ultimately, to the streams in the community. That, and the fact that the previous allocation by the Council was taken from reserves. It is suggested, and if close evaluation of the budget were done, that type of practice probably would not be safe to continue because commitment has to be for a 10- year period of time. If nothing is done to improve the revenue sources or to cut expenditures, or whatever, that reserve is not always going to be there to offset the need for payment of debt service in the future for the projects that the Council may choose to bond. Council Member Cole Council Member Cole said her wish was not to cut the Storm Water Utility by 27 percent. The decision in 1995 was to put an additional $1 million in as a one-year commitment was how the motion was made and voted upon. Public safety will also need larger on-going commitments as federal moneys diminish. It is a worry that, without looking at other places the $1 million could go over next 10 years, the City will commit to putting $1 million into infrastructure repair. The City Council needs to look at other possible needs for using reserve moneys. Council Member Kamen Council Member Kamen said he "would like to get the figures on how low the storm water revenue would have to be this coming year to take care of the projects the City already has on the books." Vice Mayor Cather Vice Mayor Cather inquired if anyone wished to be heard. Richard Shodorf Richard Shodorf, Boat House, requested $50,000 per year for the next two years for the Boat House because with the river going down, Boat House programs will have to be moved. The instruction must be moved somewhere in order for the Boat House to survive the next two years. The Boat House has served 540 kids this year. Richard Shodorf, answering a question, said the Boat House budget was $400,000 this year with a one person staff. Insurance is a large item costing about $35,000/year. Financial Statements will be provided to the Council. Michael Byington Michael Byington, Director of Governmental Affairs for Wichita Industries and Services for the Blind, Inc., urged that no cuts be made in public transit services. Mr. Byington said no cuts in bus services are acceptable because of the adverse affects on those who are disabled and are transient dependent. Ralph Jimenez Ralph Jimenez, President of the Library Board of Directors, reviewed new and existing library efforts and said the dilemma is having to provide more services with funds being cut. Mr. Jimenez proposed that last years budget and the 1.25 position cut from the Northeast Branch Library be restored. Gail Richardson Gail Richardson, teacher, spoke against reduction in bus services because of the huge impact the reduction would have on diminishing disabled persons' independence. The mill levy used for city transportation should be increased to the maximum two mills with as much being spent on public transportation as possible. Mike Thurmond Mike Thurmond, bus driver, asked that the bus system be kept stable and consistent for those who need to use it. Mr. Thurmond said many transit dependent persons have actually purchased homes along the bus route. Ray Trail Director of Finance, responding to a question regarding the franchise fee projections, referred to Page 23 of Budget document and said the breakdown is by type of franchise fee and, on a revised budget basis and projected in future years, which ones are likely to go up and to go down. The key one going up is SWB because of the renegotiated franchise agreement. Others are based upon estimates of a normal year because franchise fees are cyclical as to whether they could be substantially higher or substantially lower - depending upon whether it is a mild or extreme year. In a normal year, consultation is done with business representatives of each the companies, and the individual franchise revenue streams are projected. On balance, the fees are going up - but not all are going up. Council Member Ferris Council Member Ferris asked that Staff provide an item by item break out of what the basis for each projection. Council Member Ferris said he supports the reduction in ERUs which are now much more in line. A two-lane road, as constructed, will carry water in the gutter system pretty much the way a four lane will carry it with double the amount of asphalt. Some paved roads don't really carry water but, rather, run water into the drainage ditches on the sides because the City has chosen not to do curb and gutter. The City will be getting a report on what has been done in public safety. The budget for public safety in 1996 is extremely aggressive. The 1997 public safety budget may need to be taken from reserves or from an increase in assessed valuation or both. Ray Trail Director of Finance said the City Council adopted slightly less than a $4 million package in public safety in 1996 which is projected to be about $5.2 million in the general fund in 1997; and $1.2 million in new general fund property tax money has been allocated for public safety in 1997. Council Member Ferris Council Member Ferris said said a no tax increase budget needs to be approved. There needs to be an evaluation of the different funds and the different spending components to see what needs to be offset. If the City is going to continue to make the shift of commitment to spending the enormous amounts of resources in public safety, drainage, and those types of things, then there are going to be other services the City will not be able to continue to fund. Council Member Kamen Council Member Kamen said the Staff recommended scenario (not including $1 million from Reserves for the Storm Water Utility) was not acceptable but the City does not have enough money to put the $1 million back in. Council Member Kamen said he will just keep bringing up until it is revisited because there has to be a conclusion and possibly a compromise. Council Member Cole Council Member Cole suggested letting the storm water projects compete with one another. Motion -- Ferris moved that the Ordinance be placed on first reading. Motion carried -- carried 5 to 0. (Knight, Rogers; absent) ORDINANCE An Ordinance making and fixing general tax levy for the City of Wichita, Kansas, for the year beginning January 1, 1997, and ending December 31, 1997, and relating thereto, and concurrently approving certain amendments to the 1996 adopted budget, introduced and under the rules laid over. (b) 1997 Tax Increment Financing Budget - Gilbert and Mosley. Agenda Report No. 96-620. The Tax Increment Financing District #1 was established in August, 1991, to fund the clean-up of ground water contamination in the Gilbert/Mosley district. Clean-up expenditures not attributable, nor billable, to potentially responsible parties are covered by the tax increment. The City has entered in a legal agreement with 1 responsible party, and 39 potentially responsible parties have been identified. The 1997 proposed budget includes total expenditures of $2,836,690 for capital outlay, operational costs, debt service payments and administrative costs. Contributions from potentially responsible parties are budgeted at $717,590, and temporary note proceeds, at $1,620,000. The tax district increment is estimated at $486,160. The other source of revenue is from interest earnings estimated at $12,940. The 1997 estimates are based on updated projections provided by Camp Dresser and McKee, the consulting engineers for the project. Delays resulting from ongoing negotiations with the Kansas Department of Health and Environment regarding the findings in the Remediation Investigation and Feasibility Study (RI/FS), have pushed the commencement of actual clean up activities into the latter months of 1996. The proposed budget cannot be increased but the amount can be decreased by City Council action. Public hearing is required by state law. The public hearing is scheduled for August 13th. Vice Mayor Cather Vice Mayor Cather inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that the public hearing be set for August 13, 1996, the notice be published, and the budget ordinance for the Gilbert and Mosley Tax Increment -- carried Financing District be placed on first reading. Motion carried 5 to 0. (Knight, Rogers; absent) ORDINANCE An Ordinance making and filing an increment in ad valorem taxes for the Gilbert and Mosley site redevelopment district, City of Wichita, Kansas, for the fiscal year beginning January 1, 1997, and ending December 31, 1997, introduced and under the rules laid over. (c) 1997 Tax Increment Financing Budget - North Industrial Corridor. Agenda Report No. 96-621. The Tax Increment Financing District #2 was established in March, 1996, to fund the clean-up of ground water contamination in the North Industrial Corridor ("NIC") district. Clean-up expenditures not attributable, nor billable, to potentially responsible parties are covered by the tax increment. The City has entered in a legal agreement with 26 responsible parties. The proposed 1997/98 Budget includes expenditures of $650,000 to be made in 1996 and for this reason a trust fund needs to be established by Council action. The proposed sources of funding the 1996 expenditures is a negotiated $390,000 contribution from potentially responsible parties and a temporary transfer of $260,000 from the Environmental Management Trust. The 1997 proposed budget includes total expenditures of $439,610 for the direct costs of investigation and remediation of the groundwater contamination in the district, including capital outlay, operational costs, administrative costs and transfers to reimburse the Environmental Management Trust. Additional contributions from potentially responsible parties are not expected until after completion of the investigation phase of the project in 1998. The tax district increment for 1997 is estimated at $439,610. The estimates are based on projections provided by the Division of Environmental Health in the Wichita/Sedgwick County Public Health Department. It is anticipated that the Remediation Investigation and Feasibility Study (RI/FS) will be completed in 1997 and implementation of actual clean up activities will commence in 1999. The proposed budget cannot be increased but the amount can be decreased by City Council action. Public hearing is required by state law. The public hearing is scheduled for August 13th. Motion -- Ferris moved that a trust fund be established from which to make expenditures in 1996, the public hearing be set for August 13, 1996, the notice be published, and the budget ordinance for the North Industrial Corridor Tax Increment Financing -- carried District be placed on first reading. Motion carried 5 to 0. (Knight, Rogers; absent) ORDINANCE An Ordinance making and filing an increment in ad valorem taxes for the North Industrial Corridor redevelopment district, City of Wichita, Kansas, for the fiscal year beginning January 1, 1997, and ending December 31, 1996, introduced and under the rules laid over. FINANCIAL REPORT QUARTERLY FINANCIAL REPORT FOR THE PERIOD ENDED JUNE 30, 1996. Ray Trail Director of Finance reported that expenditures, over-all in major funds like the General Fund, are lower than projected in non- public initiative safety areas. Originally, it was thought there might be a draw-down of about $5.5 million in cash reserves but it is now thought that that will be less then $3 million. One notation was made as to format change on page 14 and 15. On an earlier financial statement there was a question about the application of temporary notes toward capital project financing and a bottom line has now been added to the Capital Project Fund page to show where temporary notes have been previously issued and the temporary notes are used to finance capital project construction costs. Motion -- carried Cather moved that the Report be received and filed. Motion carried 5 to 0. (Knight, Rogers; absent) CITY COUNCIL AGENDA APPOINTMENTS APPOINTMENT TO CIVIL RIGHTS AND SERVICES BOARD. One appointment (Cole) for a term to expire June 30, 1997. Motion -- carried Cole moved that this Item be deferred one week. Motion carried 5 to 0. (Knight, Rogers; absent) APPOINTMENT TO WICHITA COMMISSION ON THE STATUS OF WOMEN. One appointment (Rogers), for a term expiring June 30, 1997. Motion -- carried Cather moved that this Item be deferred 30 days. Motion carried 5 to 0. (Knight, Rogers; absent) APPOINTMENT TO HUMAN SERVICES BOARD. The Salvation Army has selected John Frye, 1143 Patricia, to serve as their representative on the board, for a term expiring June 30, 1997. Motion -- Kamen appointed John Frye and moved that the appointment be approved. Motion -- carried carried 5 to 0. (Knight, Rogers; absent) NOTICE OF VACANCY - WICHITA/SEDGWICK COUNTY BOARD OF HEALTH. One vacancy (Cole), due to the resignation of Janet Thompson, for a term expiring June 30, 1997. Appointment will be made August 13, 1996. PROCLAMATIONS PROCLAMATIONS. -- Civitan Club of Wichita Week -- Rehabilitation Week Motion -- carried Cather moved that the proclamations be authorized. Motion carried 5 to 0. (Knight, Rogers; absent) CONSENT AGENDA Cather moved that the Consent Agenda, except Item 24 and 26 f, be approved in accordance with the recommended action shown thereon. Motion carried 5 to 0. (Knight, Rogers; absent) BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED JULY 29TH,1996. At 10:00 a.m., Friday, July 26, 1996, pursuant to advertisements published, bids were received, publicly opened, read aloud and tabulated for the Board of Bids and Contracts: (Ref: Bid analysis report attached to Board of Bids Minutes July 29, 1996) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Shadowridge from the west line of Parkwood, west to the east line of Beacon Hill Road; and Shadowridge Court adjacent to Lots 1 through 10, Block 2, of Meadow Oaks Second Addition (south of 29th Street North, west of Woodlawn). (472- 82686/763623/490465) Does not affect existing traffic. (Council approval date 02-13-96) (District I) and Pepperwood Circle adjacent to Lots 36 and 42 through 46, Block 2 of Meadow Oaks Addition and Lots 1 through 12, Block 1 of Meadow Oaks Third Addition; and sidewalk to be installed along the south and east side of Pepperwood Circle from the west line of Lot 46, Block 2, Meadow Oaks Addition to and along the north line of Lot 43, Block 2 to the east line of Meadow Oaks Addition (south of 29th Street North, west of Woodlawn). (472-82687/763631/490466) Does not affect existing traffic. (Council approval date 02-13-96) (District I) Asphalt Construction Co. - $215,800.00 (Aggregate Total Bid) Water Distribution System to serve an unplatted tract and Bradley Fair Second Addition (south of 21st, east of Rock Road). (448-89035/733253/470403) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 05-21-96) (District II) KC Excavating - $53,567.00 Storm Water Sewer $474 to serve Fox Pointe Second Addition (west of Webb Road, south of 29th Street North). (468-82579/750794/485115) Does not affect existing traffic. (Council approval date 07-09-96) (District II) WB Carter Construction Co., Inc - $14,546.00 Dora from the west line of Lot 34, Block 5 to the east line of Prescott Circle; Prescott from the east line of Prescott Circle to the south line of Carr Avenue; Shefford from the south line of Lark Third Addition to the south line of Dora; Esthner from the east line of Prescott to the east line of Lark Third Addition; Dora Court from the south line of Dora to and including the cul-de-sac; Prescott Circle from the south line of Dora to and including the cul-de-sac, and; Sidewalk along one side of Prescott and Dora and along Esthner and Shefford Lark Third Addition (east of 21st Street, west of Webb Road). (472- 82726/763680/490471) Does not affect existing traffic. (Council approval date 05-21-96) (District V) Asphalt Construction Co - $199,455.20 Lateral 90, Sanitary Sewer #23 to serve Crigler Addition (north of 21st, east of Hillside). (468- 82582/742742/480366) Does not affect existing traffic. (Council approval date 03-26-96) (District I) H.D. Mills & Sons - $8,182.00 (Engineer's Construction Estimate-Negotiated) Street lighting conduit to light 21st Street North from Ridge to Valleyview. (472-82479/131359/110000) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 08-15-95) (District V) Phillips Southern - $42,000.00 (Total Base Bid w/Add Altermate) Cather 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 5 to 0. (Knight, Rogers; absent) WATER & SEWER DEPARTMENT/PRODUCTION & PUMPING DIVISION: HESS PUMP STATION PUMP CHECK VALVES AND VENTURI FLOW METERS AS PER SPECIFICATIONS Henry Pratt Company - $311,200.00* (Pump Check Valves) Henry Pratt Company - $118,000.00* (Venturi Flow Meters) *Plus Applicable Sales Tax WATER AND SEWER DEPARTMENT/PRODUCTION AND PUMPING DIVISION: REPLACEMENT WELL PUMPS (631101-2505) AS PER SPECIFICATIONS Clarke Well & Equipment Inc. - $15,930.00* (Total Net Bid) *Plus Applicable Sales Tax Cather moved that the contract(s) be awarded as outlined above, same being the lowest and best bid. Motion carried 5 to 0. (Knight, Rogers; absent) LICENSE APPLICATIONS APPLICATIONS FOR LICENSES. Adult Entertainment. Valerie Washington Xcitement Video220 E. 21st Street John David Miller Kings Enterprise2020 S. Oliver Retail Cereal Malt Beverages. New Establishment 1996 (Consumption off Premises) Mark A. Boswell Marker Mini Mart #32199 N. Woodlawn Motion -- Cather moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 5 to 0. (Knight, Rogers; absent) PLANS AND SPECS. PLANS AND SPECIFICATIONS. a. 1996-1997 CDBG Neighborhood Improvement Program. Traffic to be maintained through construction. (Council approval date 03-19-96) (District n/a) (618025/815003) b. University from east line of Ridge to west line of Dugan right-of-way; Summitlawn from south line of Maple to south line of Lot 4, Block F, Westerlea Village; Scouller from south line of Maple to north line of Taft right- of-way; Ralstin from south line of Maple to north line of Taft right-of-way; Howe from south line of Maple to north line of Taft right-of-way; Fairhaven; Winterset from south line of Maple to north line of Taft right-of-way, and; Winterset Court from #6514 through #6524 and $424 through #443, Westerlea Village Addition (south of Maple, east of Ridge). Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 01-09-96) (District 5) (472- 82667/763565/490-459 & 660266/561602) Motion -- Cather 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 9, 1996. Motion carried 5 to 0. (Knight, Rogers; absent) SUBDIVISION PLANS AND SPECIFICATIONS. d. Storm Water Sewer #475 to serve Woodland Lakes Estates Addition (south of Kellogg, west of 127th Street East). (468-82581/750810/485117) Does not affect existing traffic. (Council approval date 03-05-96) (District 2) Motion -- Cather 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 9, 1996. Motion carried 5 to 0. (Knight, Rogers; absent) PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. Street lighting conduit to light 21st Street North from Ridge to Valleyview - $50,000.00. Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 08-15-95) (District V) (472- 82479/131359/110-000) Motion -- Cather moved that the preliminary estimates be approved and filed. Motion -- carried carried 5 to 0. (Knight, Rogers; absent) STATEMENTS OF COST STATEMENTS OF COST (CHESNEY). a. Lateral 364, SWI to serve Oak Ridge Addition - $80,443.00. (468-82554/742577/380-349) b. Alderny Court from the east line of Reserve "A" to the east line of Lot 16, Block 2 Briarwood Estates Sixth Addition - $73,105.00. (472-82244/763292/490-) c. Water Distribution System to serve White Tail Addition - $48,451.00. (448-88767/732396/470-317) d. Fire Hydrant to serve unplatted tract - $7,339.00. (448-88922/732727/470-350) e. Water Distribution System to serve Northridge Lakes Addition - $70,426.00. (448-88933/732875/470- 365) f. Water Distribution System to serve Aberdeen First Addition - 142,235.00. (448-88823/732883/470- 366) g. Water Distribution System to serve Spinnaker Coves Hoskinson Addition - $109,967.00. (448- 88938/732909/470-368) h. Water Distribution System to serve Wheatland Addition - $40,853.00. (448-88690/732941/470-372) i. Water Distribution System to serve Pinehurst Addition - $55,673.00. (448-88931/732958/470-373) j. Water Distribution System to serve Sterling Farms Sixth Addition - $61,548.00. (448- 88943/732966/470-374) k. Water Distribution System to serve Robbins Farm Forth Addition - $42,435.00. (448- 88929/732982/470-376) l. Water Distribution System to serve First Assembly of God Addition - $55,759.00. (448- 88962/732990/470377) m. Water Distribution System to serve Sunridge Second Addition, Phase II - $48,599.00. (448- 88946/733014/470-379) n. Water Distribution System to serve Smithmoor Forth Addition - $40,761.00. (448-88878/733022/470- 380) o. Water Distribution System to serve Park West Plaza Addition - $25,845.00. (448-88969/733030/470-381) p. Water Distribution System to serve Windwood and Hedge Apple Addition - $120,573.00. (448- 88961/733048/470-382) q. Water Distribution System to serve Windwood Addition - $56,274.00. (448-88957/733055/470-383) r. Water Distribution System to serve Oak Ridge Addition - $72,154.00. (448-88976/733063/470-384) s. Water Distribution System to serve Comotara Power Center Second Addition - $41,646.00. (448- 89014/733113/470-389) t. Water Distribution System to serve Socora Village and Wesley West Addition - $45,245.00. (448- 88642/732974/470-575) u. Lateral 1, Main 18, SWI to serve Hickory Creek Estates Addition - $317,577.00. (468-82562/742601/480- 352) Motion -- Cather moved that the Statements of Cost be received and filed and the proposed -- carried assessment rolls be prepared. Motion carried 5 to 0. (Knight, Rogers; absent) BOARDS MINUTES MINUTES OF ADVISORY BOARDS. Board of Electrical Appeals, 7/9/96 CPO Southeast Council 3, 7/11/96 CPO Southwest Council 4, 7/11/96 CPO Northwest Council 5, 7/10/96 Commission on the Status of Women, 7/10/96 Commission on the Status of People with Disabilities, 6/26/96 Wichita Art Museum Board, 6/24/96 Wichita Art Museum Board, 6/27/96 Wichita Art Museum Board, 7/3/96 Board of Code Standards and Appeals, 7/8/96 Board of Park Commissions, 7/8/96 Motion -- carried Cather moved that the Minutes be received and filed. Motion carried 5 to 0. (Knight, Rogers; absent) EASEMENTS/DEDICATIONS EASEMENTS AND DEDICATIONS. a. Easement dated July 3, 1996, from Robert Wilson for a tract in Bradley Fair (Water Line, Index #733253) (no cost to City). b. Two Easements dated June 24, 1996, from Jay Russell for tracts in Bradford North Addition (Lateral 123, Westlink Sewer, Index #742767) (no cost to City). c. Easement dated June 26, 1996, from Mathias Eck for a tract in Bradford North Addition (Lateral 123, Westlink Sewer, Index #742767) (no cost to City). d. Dedication dated June 10, 1996, from USD- 259 for a tract in Southeast High School Addition (Lincoln and Edgemoor, Index #706291) (no cost to City). e. Easement dated May 30, 1996, from Grace Presbyterian Church (Private Project, Index #607861) (no cost to City). Has been filed and recorded. f. Water Resource Permit dated July 17, 1996, from Division of Water Resources (29th Street Bridge, Index #715276) (no cost to City). g. Easement dated June 6, 1996, from Keith and Patricia Riffel for a tract in the Southwest Quarter, Section 12, Township 27 South, Range 2 East (Water Line, Index #733253) (no cost to City). Motion -- Cather moved that the documents be received and filed and the City Clerk be -- carried instructed to record with the Register of Deeds. Motion carried 5 to 0. (Knight, Rogers; absent) STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. Agenda Report No. 96-622. Special Event Request: River West Merchants Association Tuesday, August 6, 1996, (6 p.m. to 9 p.m.) Downtown Douglas (Sycamore to Handley) Motion -- Cather moved that the request be approved subject to: (1) Event Sponsor notifying every property and/or business adjoining any portion of the closed street; (2) coordination of event arrangements with City Staff; (3) hiring off-duty public safety officers as required by the Police Department; (4) obtaining barricades to close the streets in accordance with requirements of Police, Fire and Public Works Departments; (5) submitting a certificate of insurance evidencing general liability insurance which covers the event and its related activities, including the naming of the City as an additional insured with respect to the event's use of the closed City streets. Motion carried -- carried 5 to 0. (Knight, Rogers; absent) Agenda Report No. 96-636. The Burlington Northern/Santa Fe Railway (BNSF) has scheduled a major track maintenance project which will reconstruct numerous street crossings, install approximately 900 linear feet of concrete crossing material, and replace ties and other timber crossing material as necessary along the old AT&SF line. This work is scheduled to begin in early August. BNSF has requested approval to close numerous crossings for this installation work. A tentative schedule of proposed closure dates and locations is as follows: Date Location 8/5-7 9th Street, east of Santa Fe 8/12-14 Lincoln, west of Mosley 8/19-21 Washington, south of Southeast Boulevard 8/26-28 Pawnee, west of Southeast Boulevard 9/3-11 Wassall, west of Southeast Boulevard (3 crossings) 9/16-10/4 29th Street North, east of Broadway (7 crossings) 10/7-18 Murdock at Santa Fe (3 crossings) Additional short-term closures (2 to 4 hours) at other crossings along this line are also expected in November when a "tie gang" moves through Wichita doing tie replacements and making line and grade adjustments where required. During the requested closures, the railroad will completely remove and replace the track structure and install the concrete crossing material. Traffic will be detoured using the arterial street system, with the railroad being responsible for detour signing and construction signs and barricades. All of the work will be funded by BNSF or by federal funds administered through KDOT. Motion -- carried Cather moved that the street closures/uses be approved. Motion carried 5 to 0. (Knight, Rogers; absent) RESPREAD SPECIALS RESPREAD SPECIAL ASSESSMENTS IN FOREST LAKES ADDITION AND HORSESHOE BAY ADDITION. Agenda Report No. 96-623. The developers of Forest Lakes and Horseshoe Bay Additions have submitted Agreements to respread Special Assessments in the Additions. The land was originally included in numerous improvement districts for a number of public improvement projects. The purpose of the Agreements is to respread Special Assessments on an equal share basis for each lot. Without the Agreements, the assessments will be spread on a square foot basis. The Agreements will save the City time in recalculating Special Assessments for each newly platted lot and will equalize the assessments for each lot, making it easier for the developer to market the lots. There is no cost to the City. Motion -- Cather moved that the Agreements be approved and the Mayor be authorized to -- carried execute. Motion carried 5 to 0. (Knight, Rogers; absent) RIDGE ROAD DESIGN DESIGN SERVICES FOR RIDGE ROAD FROM 21ST TO 29TH STREET NORTH. (District V) Agenda Report No. 96-624. On March 5, 1996, the City Council authorized the Staff Screening and Selection Committee to select a design firm for Ridge Road from Garden Ridge to 29th Street North and on June 14, 1996, the Staff Screening and Selection Committee selected Baughman Company, P.A. to design the improvements. This project is included in the proposed 1996-2005 Capital Improvement Program (CIP No. MS-9305). On June 18, 1996, the City Council approved the design and construction of improvements to Ridge Road from 21st to 29th Street North which is a combination of petitioned projects for accel-decel and left turn lanes to serve properties at the northeast and northwest quadrants of the intersection of 21st Street and Ridge Road, and the aforementioned at-large funded project to construct two through lanes of traffic in each direction on Ridge Road. Baughman Company, P.A. was selected to provide design services for the petitioned portion of the project because they provided subdivision engineering services for this addition and can expedite construction plan preparation. The project consists of: (1) widening Ridge Road to four lanes, 2) constructing accel-decel lanes and left turn lanes, (3) installing 12" and 20" water lines in Ridge Road and in 29th Street North, (4) landscaping the right-of-way, and (5) providing a left turn lane into Lake Ridge Addition, a single family neighborhood north of 21st Street, east of Ridge Road. Payment to Baughman Company, P.A. for MS-9305 will be made on a lump sum basis not to exceed $66,000 and will be funded by General Obligation Bonds. Payment to Baughman Company, P.A. for design of the water line improvements will be made on a lump sum basis not to exceed $17,500 and will be funded by Water Utility CIP No. W-65 (Unidentified Water Mains). Payment to Baughman Company, P.A. for the petitioned project will be made on a lump sum basis not to exceed $41,200 and will be funded by Special Assessments. Motion -- Cather moved that the Agreements be approved and the Mayor be authorized to -- carried execute. Motion carried 5 to 0. (Knight, Rogers; absent) SOUTH SENECA DRAINAGE SOUTH SENECA DRAINAGE OUTFALL. (District IV) Agenda Report No. 96-625. On August 31, 1993, the City Council approved an Agreement with Mid-Kansas Engineering Consultants, Inc. (MKEC) to design the South Seneca Drainage Outfall, and on August 9, 1994, the City Council approved a Supplemental Agreement with MKEC to design a storm water pumping station. The South Seneca Outfall Pump Station is to be built on property that was annexed by the City of Haysville (west of Seneca, south of 63rd Street South, east of Meridian, north of the Big Ditch levee). To build the pump station, the property must be platted through Haysville and a building permit obtained from Haysville. Inspection of the construction of the pump station requires expertise that City inspectors do not possess. Therefore, staff recommends approval of a Supplemental Agreement with MKEC to provide the construction engineering for the project. Payment to MKEC for the platting and permit will be made on a cost plus percentage of cost basis not to exceed $2,875. Payment to MKEC for the construction inspection will be based on a rate schedule and will not exceed $100,000. Both will be paid from funds available in the project budget. The funding source is Storm Water Utility. Motion -- Cather moved that the Supp. Agreements be approved and the Mayor be authorized -- carried to execute. Motion carried 5 to 0. (Knight, Rogers; absent) (Item No. 24) LEGAL SERVICES CONTRACT CONTRACT FOR LEGAL SERVICES -- SOUTH SENECA LAWSUITS (CASE NO. 96 C 902). Agenda Report No. 96-626. Early this year, a lawsuit was filed by several hundred property owners seeking damages from the City resulting from flooding in the area of South Seneca and 55th Street South in 1993 and 1995. In April, the City contracted (City Manager's Contract) with the law firm of Morris, Laing, Evans, Brock & Kennedy to defend the City's interest in this lawsuit. The lawsuit is large and complex and will require significant preparation time. It is anticipated that legal fees could be paid over the next 18 months while the matter is being prepared for trial. These fees are estimated at $40,000 to $50,000. The claims of the plaintiffs aggregate well over $6,000,000. The fees will be paid from the tort liability fund. Motion -- Ferris moved that the Contract be approved and the Mayor be authorized to -- carried execute. Motion carried 5 to 0. (Knight, Rogers; absent) ESG CONTRACTS EMERGENCY SHELTER GRANT CONTRACTS. Agenda Report No. 96-627. On June 4, 1996, the City Council approved the revised Emergency Shelter Grant allocations to be included in the City's 1996/97 Housing and Urban Development (HUD) Consolidated Plan. The Plan will provide funds for a number of homeless agencies for operations, shelter renovation, essential services, and homeless prevention. The contracts before the Council are Emergency Shelter Grant contracts with the following agencies: Catholic Charities Anthony Family Shelter, the Center of Hope, Catholic Charities Harbor House, and the Wichita Children's Home. The contracts provide funds for homeless shelter operation costs and homeless prevention assistance and are consistent with the City's HUD Consolidated Plan as approved by the Council. The maximum contract amounts are as follows: Anthony Family Shelter $ 8,700 Center of Hope $20,600 Harbor House $ 7,800 Wichita Children's Home $ 6,200 These federal HUD funds are available through the Stewart B. McKinney Homeless Assistance Act. The contracts obligate no general fund moneys. Motion -- Cather moved that the Contracts be approved and the Mayor be authorized to -- carried execute. Motion carried 5 to 0. (Knight, Rogers; absent) (Item No. 26) CIP DESIGN PROJECTS 1996 CAPITAL IMPROVEMENT PROGRAM (CIP) DESIGN PROJECTS. Agenda Report No. 96-628. On March 5, 1996, the City Council authorized the Staff Screening and Selection Committee to select design engineers for 1996 CIP projects. On May 28, 1996, and June 14, 1996, the Staff Screening and Selection Committee selected consulting firms to perform the design engineering for the CIP projects and associated water lines. Approval of the design projects does not obligate the City Council to build the projects. Following is the list of projects and associated water lines, the firm selected for each project and the maximum fee allowed by the agreements. CIP # LOCATION/DESCRIPTION CONSULTANTFEE B-123 119th St. Bridge @ Calfskin Creek MKEC $ 26,000 B-9502 37th St. Bridge @ Little Ark. River MKEC $ 34,860 W-65 37th St. Bridge water line MKEC $ 2,640 MS-477 Meridian, Maple to Central SRB $ 83,500 W-65 Meridian water line SRB $ 38,000 MS-9602 CORRIDOR STUDIES 13th, McLean to I-135 CM $ 29,700 Hillside, Kellogg to 21st CM $ 24,750 Central, I-235 to Tyler Booker $ 27,000 Pawnee, GWB to McLean PEC $ 32,000 Rock, S. to N. City Limits HWS $ 54,300 I-235 Connector to Ridge* HWS $ 18,275 MS-9603 Zoo, 13th to Windmill Road PEC $145,711 *Staff is in the process of asking Sedgwick County to pay for 1/2 of the project cost. The CIP design budgets and proposed project budgets are listed below: Projects CIP BudgetsProject Budgets 119th Street Bridge $ 80,000$ 29,900 37th Street Bridge $ 40,000$ 40,000 Meridian from Maple to Central $225,000$ 96,025 Zoo from 13th to Windmill Road $140,000$167,575** Corridor Studies $250,000$226,500 Water Lines ***$ 40,640 **The overexpenditure in Zoo Boulevard will be funded by the underexpenditure in Meridian. ***Water Utility design funds are included in the Water Utility annual budget. The projects' budgets are being initiated for sufficient funding to provide for staff design review expenses and possible design considerations that may arise during the design development process. The total design budgets are $600,640. The funding sources are $560,000 General Obligation Bonds and $40,640 Water Utility. Council Member Ferris Council Member Ferris said he would like the City Council to encourage the County to participate on the I-235 Connector to Ridge Road. Motion -- Ferris moved that the projects be approved, the Agreements be approved and the Mayor be authorized to sign; the Ordinances be placed on first reading; and County participation continued to be pursued on the I-235 Connector to Ridge -- carried Road. Motion carried 5 to 0. (Knight, Rogers; absent) ORDINANCE An Ordinance declaring the 119th Street Bridge over the Calfskin Creek (472-82746) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, introduced and under the rules laid over. ORDINANCE An Ordinance declaring the 37th Street Bridge over the Little Arkansas River (472-82736) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, introduced and under the rules laid over. ORDINANCE An Ordinance declaring Meridian from Maple to Central (472-82740) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, introduced and under the rules laid over. ORDINANCE An Ordinance declaring Zoo from 13th to Windmill Road (472-82748) to be a main trafficway within the city of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, introduced and under the rules laid over. ORDINANCE An Ordinance declaring the corridor studies: Central, I-235 to Tyler (472-82739); 13th, McLean to I-135 (472- 82741); Hillside, Kellogg to 21st (472-82742); Rock Road, south City Limits to north City Limits (472-82744); I-235 Connector to Ridge Road (472-82743); and Pawnee, George Washington Boulevard to McLean (472-82747) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, introduced and under the rules laid over. PROPERTY ACQUISITION ACQUISITION OF A PORTION OF PROPERTY LOCATED AT THE NORTHWEST CORNER OF WEST AND ELEVENTH STREETS FOR THE WEST STREET - CENTRAL TO THIRTEENTH IMPROVEMENT PROJECT. Agenda Report No. 96-629. The West Street Improvement Project from Maple to Thirteenth Street was approved by the City Council on April 26, 1994. This project has since been divided into two phases - Maple to Central and Central to Thirteenth Street with Central to Thirteenth Street starting in 1996. The Central to Thirteenth Street phase will require the partial acquisition of one parcel. The subject parcel is located at the Southwest corner of Eleventh and West Streets. The property is improved with a billboard which will not be impacted by the taking. The site is owned by the Joan Hurst Branson Living Trust. The subject tract contains approximately 1,667 square feet. The property owner has agreed to sell the property to the City of Wichita for $5,000 or about $3.00 per square foot. This is comparable to the sales prices for other similarly zoned parcels in the area. The Capital Improvement Program includes $150,000 to acquire the necessary right-of-way for the project from Maple to Thirteenth Street. The funding source is General Obligation Bonds. The budget of $5,300 includes $5,000 for acquisition and $300 for closing costs, as well as title insurance. This is the first acquisition for this project. Motion -- Cather moved that the budget and the Contracts be approved; and the Mayor be -- carried authorized to sign the necessary documents. LIBRARY EQUIPMENT PURCHASE TELECOMMUNICATION EQUIPMENT AND VISTA SOFTWARE FOR WICHITA PUBLIC LIBRARY. Agenda Report No. 96-630. The Library has used the Dynix system since 1992. The existing telecommunications equipment must be replaced before the library can fully implement its automation and network upgrade project (approved by Council 7/16/96). The proposed changes to the telecommunications equipment are an integral part of the total Dynix automation system. As part of its contractual agreement with the Wichita Public Library, staff from Dynix maintain this equipment along with the software which utilizes it. Ameritech Library Systems will provide a performance agreement to ensure efficiency of the telecommunications system as long as the equipment is purchased from that company. Purchase of this equipment and the accompanying VISTA software will cost $112,138. Funding for the entire purchase will come from the Friends of the Wichita Public Library and the Wichita Public Library Foundation's Levand Trust funds which are designated to enhance service to branch libraries. Annual maintenance on the equipment and software will be funded through replacement of telecommunications costs currently included in the General Fund Budget as well as additional funding from the library's State Grants in Aid. There are sufficient funds in each budget for these maintenance expenses. Motion -- Cather moved that the purchase of telecommunications equipment and VISTA software from Ameritech Library Systems in the amount of $112,138 be approved. Motion -- carried carried 5 to 0. (Knight, Rogers; absent) PARK IMPROVEMENTS PARK IMPROVEMENTS. Agenda Report No. 96-631. At the August 15, 1995, meeting City Council allocated funds in the amount of $100,000 to pay for improvements to park areas and park facilities that were considered critical needs. Park Department staff has inspected parks, park facilities, and park equipment and determined that improvements are most needed in the following areas: replacement and/or repair of picnic tables, benches, and bleachers in various parks; repairs to two family swimming pools; repairs to athletic field backstops and fencing; replacement of unsafe tot "horse" swings; improvements to the McAdams Park ballfield; repairs to lighting at the Planeview ballfield; and the construction of a restroom facility at Woodland Park. In reviewing City department budgets for 1996, the City Council agreed to provide additional funding to pay for repairs and improvements to parks and park facilities that were considered critical but were not provided for within the Park Department operating budget. City Council asked that Park Department staff identify those critical park needs before use of the funds was approved. Through on-site inspections, requests received from citizens in the community, and in consideration of safety concerns, Park staff has determined that the following improvements are most critical to improve the condition and appearance of city parks and park facilities. The listing of improvements also includes an estimate of the cost of each individual item, which totals $100,000. Est. Cost Improvement $30,000 Replacement and repair of picnic tables, park benches, and spectator bleachers that have become unsafe or unusable, in various parks $10,000 Replace unsafe decking and sandblast/repaint highly used swimming pools at Harvest and Evergreen Parks $10,000 Repair backstops and fencing in neighborhood parks $24,000 Replacement of tot horse swings deemed unsafe by the Consumer Protection Agency, that were removed in 27 city parks $10,000 Make improvements to the ballfield at McAdams Park, one of the city's most highly used $ 9,500 Repair lighting at the athletic field in Planeview Park $ 6,500 Construct a restroom facility in Woodland Park, where activity has increased the last several years A total of $200,000 was allocated by City Council from the Debt Service fund to the Park Department for the purpose of making "cosmetic" repairs to municipal swimming pools and for other Park improvements. Park improvements were not to exceed $100,000 in 1996. Motion -- Cather moved that the funding to make improvements in various park areas be -- carried approved and the Resolution be adopted. Motion carried 5 to 0. (Knight, Rogers; absent) RESOLUTION NO. R-96- 299 A Resolution finding it necessary to make certain improvements to various city parks and authorizing the issuance of bonds by the City of Wichita at-large to finance such improvements, presented. Cather moved that the Resolution be adopted. Motion carried 5 to 0. (Knight, Rogers; absent) Yeas: Cather, Cole, Ferris, Gale, Kamen. ORDINANCES SECOND READING ORDINANCES. (First Reading 7/23/96) ORDINANCE NO. 43-176 Neighborhood Court An Ordinance amending Section 1.04.150 of the Code of the City of Wichita, Kansas, pertaining to the Neighborhood Municipal Court Judge, and repealing the original of said Section, read for the second time. Cather moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Knight, Rogers; absent) Yeas: Cather, Cole, Ferris, Gale, Kamen. ORDINANCE NO. 43-177 SA - Lot Clean Up An Ordinance making a special assessment to pay for the cost of abating certain public health nuisances (Lot Clean Up) under the provision of Section 7.40.050 of the Code of the City of Wichita, Kansas, read for the second time. Cather moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Knight, Rogers; absent) Yeas: Cather, Cole, Ferris, Gale, Kamen. ORDINANCE NO. 43-178 A 96-16 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. Cather moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Knight, Rogers; absent) Yeas: Cather, Cole, Ferris, Gale, Kamen. A 96-16 ORDINANCE NO. 43-179 A 96-17 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. Cather moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Knight, Rogers; absent) Yeas: Cather, Cole, Ferris, Gale, Kamen. A 96-17 PLANNING AGENDA Marvin Krout Director of Planning stated that all Items could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Kamen moved that Planning Agenda be approved as consensus Items. Motion carried -- carried 5 to 0. (Knight, Rogers; absent) S/D 96-20 S/D 96-20 - PLAT OF THE CRESTVIEW COUNTRY CLUB ESTATES KIMBERLY HILLS SECOND ADDITION LOCATED EAST OF 127TH STREET EAST AND SOUTH OF 13TH STREET NORTH. Agenda Report No. 96-632. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. (11-1) This site is in the County and guarantees for sanitary sewer improvements will be handled through the County. However, this site will use a City of Wichita water line in 127th Street East and an outside-the-City water agreement has been submitted. A Certificate of Petitions has also been submitted. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. The negative Planning Commission vote reflects the Commissioner's concern with the overall development trend in this area and its impacts on floodplains. Document Certificate of Petition and Water Service Agreement from George and Betty Jabara and Michael and Susan Mueller. Motion -- Kamen moved that the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended; and the Mayor be authorized to sign the plat and the outside-the-City water agreement. Motion -- carried carried 5 to 0. (Knight, Rogers; absent) S/D 96-37 S/D 96-37 - PLAT OF THE AUBURN HILLS SECOND ADDITION LOCATED SOUTH OF MAPLE AND EAST OF 135TH STREET WEST. (District V) Agenda Report No. 96-633. Petitions, all 100%, have been submitted for sanitary sewer, municipal water, storm sewer and paving improvements. A Certificate of Petitions has also been submitted. In order to serve this site, off-site utility easements are being granted. A temporary off-site dedication for a cul-de-sac is also being provided. To provide for off- street parking, for lots adjacent to narrow streets, a covenant has been submitted requiring that four (4) off-street spaces be provided for each such lot. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Documents Certificate of Petitions, Restrictive Covenant, and Temporary Cul-de-sac Dedication, from Auburn Hills, Inc. Water 100 Percent Petition for construction of Water Distribution System Number 448-89066 (south of Maple, east of 135th Street West) $103,000 S.A. (Hold for development) Sewer 100 Percent Petition for construction of Lateral 4, Cowskin Interceptor Sewer (south of Maple, east of 135th Street West) Project No. 468-82631. $185,000 S.A. (Hold for development) Storm Water Drain 100 Percent Petition for construction of Storm Water Drain No. 123, Project No. 468-82632 (south of Maple, east of 135th Street West) $1,000 S.A. (Hold for development) Paving 100 Percent Petition for improving of Hendryx from the east line of the plat to the north line of Lot 7, Block B; Limuel from the north line of Lot 7, Block B, to the north line of the plat; Limuel from the east line of Lot 20, Block A, to the south line of the plat; Hendryx Court from the south line of Hendryx to and including the cul-de-sac, and; on Limuel Courts from the west line of Limuel to and including the cul-de-sacs, and; sidewalk be constructed along one side of Limuel and along one side of Hendryx, Project No. 472-82755 (south of Maple, east of 135th Street West) $411,000 S.A. (Hold for development) Motion -- Kamen moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 5 to 0. (Knight, Rogers; absent) RESOLUTION NO. R-96- 300 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89066 (south of Maple, east of 135th Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Kamen moved that the Resolution be adopted. Motion carried 5 to 0. (Knight, Rogers; absent) Yeas: Cather, Cole, Ferris, Gale, Kamen. RESOLUTION NO. R-96- 301 Resolution of findings of advisability and Resolution authorizing construction of Lateral 4, Cowskin Interceptor Sewer (south of Maple, east of 135th Street West) Project No. 468-82631 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Kamen moved that the Resolution be adopted. Motion carried 5 to 0. (Knight, Rogers; absent) Yeas: Cather, Cole, Ferris, Gale, Kamen. RESOLUTION NO. R-96- 302 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Drain No. 123, Project No. 468-82632 (south of Maple, east of 135th Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Kamen moved that the Resolution be adopted. Motion carried 5 to 0. (Knight, Rogers; absent) Yeas: Cather, Cole, Ferris, Gale, Kamen. RESOLUTION NO. R-96- 303 Resolution of findings of advisability and Resolution authorizing improving of Hendryx from the east line of the plat to the north line of Lot 7, Block B; Limuel from the north line of Lot 7, Block B, to the north line of the plat; Limuel from the east line of Lot 20, Block A, to the south line of the plat; Hendryx Court from the south line of Hendryx to and including the cul-de-sac, and; on Limuel Courts from the west line of Limuel to and including the cul-de-sacs, and; sidewalk be constructed along one side of Limuel and along one side of Hendryx, Project No. 472-82755 (south of Maple, east of 135th Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Kamen moved that the Resolution be adopted. Motion carried 5 to 0. (Knight, Rogers; absent) Yeas: Cather, Cole, Ferris, Gale, Kamen. S/D 96-42 S/D 96-42 - PLAT OF THE BAREFOOT BAY THIRD ADDITION LOCATED NORTH OF 21ST STREET NORTH AND WEST OF HOOVER. Agenda Report No. 96-634. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. (11-1) This Addition is a replat of a lot in a recently approved subdivision. The lot is being replatted to increase its size by incorporating area previously platted as a Reserve. Existing improvement guarantees are available through the previous plat. The applicant has submitted a document to assure that this plat will continue to participate in the ownership and maintenance of the Reserves created by the original plat. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. The negative vote by the Planning Commission was in regard to this site's involvement with floodplain areas. Document Ratification of Covenants, Conditions and Restrictions of lots in Barefoot Bay Addition from Charles and Janet Boully. Motion -- Kamen moved that the documents be received and filed; and the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 5 to 0. (Knight, Rogers; absent) A 96-18 A 96-18 - AUBURN HILLS, INC., REQUESTS THE ANNEXATION OF PROPERTY ADJOINING THE CITY AND GENERALLY LOCATED SOUTH AND EAST OF THE INTERSECTION OF 135TH STREET WEST AND MAPLE ROAD. Agenda Report No. 96-635. Auburn Hills, Inc. have requested that property under its ownership be annexed into the City of Wichita. This request is scheduled for consideration by the Wichita City Council during the July 30, 1996 City Council meeting. The tract of land is approximately 27.88 acres in size and the property owners have indicated that the property will be developed with 48 single- family homes. The property is located south and east of the intersection of 135th Street West and Maple Road. The property is zoned "RR" rural residential district under the new Wichita-Sedgwick County Unified Zoning Code. Upon annexation, the County "RR" rural residential district will convert to the "SF-6" single-family dwelling district. The conversion will accommodate the planned single- family dwelling use of the property. City water lines are in the area. Property owners will have to extend an 8 inch main to serve all interior lots. Sewer services are also available in the area and would require a lateral extension to the interior lots from the main which runs along Maple Road. Fire protection can be extended to the requested annexation area within a 3 minute response time from City Fire Station No. 17, located at 10651 West Maple. Upon annexation, police protection will be provided to the area by the officers and equipment of the Patrol West Division of the Wichita Police Department serving the western portion of the City. This property is located within the urban growth area of the City of Wichita as delineated by the comprehensive plan for the metropolitan area, and is also inside the Policy 32 urban service area. The property is located within an area that can be served with the extension of water and sewer services. The property owner will be responsible for the cost of connecting to water and sewer when the service is requested. On the basis of the foregoing information, it is concluded that the annexation of the property in question will not result in an extraordinary expense to the City-at- large. Motion -- Kamen moved that the annexation request be approved and the annexation -- carried Ordinance be placed on first reading. Motion carried 5 to 0. (Knight, Rogers; 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 96-18 EXECUTIVE SESSION Motion -- Cather moved that the Council recess to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to pending litigation and legal advice, preliminary discussions relating to the acquisition of real property for public purposes, and the regular meeting be resumed at approximately 12:15 p.m. in the City Council -- carried Chambers. Motion carried 5 to 0. (Knight, Rogers; absent) RECESS Council recessed at 11:30 a.m. and reconvened in regular session at 12:20 p.m. Vice Mayor Cather Vice Mayor Cather announced that no action was necessary as a result of the executive session. ADJOURNMENT The City Council meeting adjourned at 12:20 p.m. Pat Burnett City Clerk Workshop: Metropolitan Transit Authority. COUNCIL PROCEEDINGS JOURNAL 161 JULY 30, 1996 Page