MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, November 5, 1996 Tuesday,9:07 A.M The City Council met in regular session with Mayor Knight in the Chair. Council Members Cole, Gale, Kamen; present. Council Members Cather, *Ferris, Rogers; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Rev. Sam Muyskens, Inter-Faith Ministries. 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 October 29, 1996, were -- approved approved, as corrected, 4 to 0. (Cather, Ferris, Rogers; absent) AWARDS AND PRESENTATIONS PROCLAMATIONS Mayor Knight presented the Proclamations previously approved. PUBLIC AGENDA COMMENTS BY WILBERT E. HUNT. Wilbert Hunt Wilbert Hunt spoke regarding the need for improvement regarding disabled persons' access to private businesses. Mayor Knight Mayor Knight directed the expressed concern to the City Manager and Staff to do whatever is possible, and to keep Mr. Hunt apprised of what is being done. Mr. Hunt said that even private citizens could talk to business owners and encourage response to this problem. UNFINISHED BUSINESS Z-3205 Z-3205 - REQUEST FOR ZONE CHANGE FROM "SF-6" SINGLE FAMILY DWELLING TO "NR" NEIGHBORHOOD RETAIL AND "LC" LIMITED COMMERCIAL, LOCATED EAST OF WEBB ROAD, SOUTH OF LINCOLN STREET (EXTENDED). (District II) Continued from October 29, 1996 Motion -- carried Kamen moved that this Item be deferred two weeks. Motion carried 4 to 0. (Cather, Ferris, Rogers; absent) NEW BUSINESS IRB - BOEING PUBLIC HEARING AND ISSUANCE OF CITY OF WICHITA INDUSTRIAL REVENUE BONDS - THE BOEING COMPANY. (District III) This item was pulled from the Agenda and will be heard on November 19, 1996. SPORTS COMMISSION MEMBERSHIP TO SPORTS COMMISSION. Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-928. For several years, business representatives and individuals in Wichita have discussed the need for a sports authority. In addition to the City and University, organizations like the Wichita Chamber of Commerce and the Convention and Visitors Bureau (C&VB) have historically been the agencies to provide support and assistance to sports activities, but some of the issues inherent to the sports industry are significantly different than the missions of the Chamber or C&VB. There has never been a singular organization formed in Wichita whose sole purpose was to promote, attract and manage sports related business for the City. In researching other communities and how they handle sports, it was found that Sports Commissions are general formed to enhance the quality of life and economic success of a community by taking the lead in maintaining , acquiring, and hosting a diversity of amateur and professional sporting events, as well as assisting area economic development agencies through their expertise in attraction and retention of amateur and professional organizations. Nationally, recognized sports teams, organizations and events not only enhance the image of a community, but enhance its economic development initiatives. In the Spring of 1995, a Task Force with representatives from a variety of sports interests were assembled by the Convention and Visitors Bureau to evaluate the need for a sports authority in Wichita. In addition, the group was to formulate a strategy for the establishment of such a commission if research and general community interest warranted such development. Members of the Task Force included representatives from the athletic departments at Wichita State University, Friends University, and Kansas Newman College; local professional sports franchises including: Wichita Baseball, Inc., Wichita Thunder; City Park and Recreation Department; Wichita Public Schools; local sports clubs; business and community leaders; facility managers at Century II, and Kansas Coliseum; the Wichita Area Chamber of Commerce; and the Wichita Convention and Visitors Bureau. After more than a year of meetings, the Task Force is recommending the formation of a Sports Commission for the City. As proposed, the Wichita Sports Commission would be chartered as a 501 C (6) not-for-profit organization. A Board of Directors would be established who will be responsible for establishing the hiring process for hiring a director/staff. The C&VB has offered to assist the Commission in its initial operation by providing office space, computers, and other equipment support at no charge for the first two years. The Sports Commission would work in partnership with the C&VB to facilitate events and hotel/motel room night usage for the Wichita area. Operating revenue for the Sports Commission is proposed to be secured through various funding programs including: The Commission will operate a membership program with varying levels of sponsorship. The Task Force is seeking 20 Charter memberships who will be asked to commit to a $25,000 cash financial guarantee to the Wichita Sports Commission, payable in $5,000 increments over a five-year period. Charter members would receive a $25,000 in-kind event sponsorship opportunity during the five-year period. Other membership levels are proposed at $5,000, 2,500, $1,000, $500, $200, and $50. Throughout the year, sports events would be organized to generate additional operating revenues. Revenues are also anticipated to be received from advertising, ticket sales, and corporate sponsorships. Task Force members are attempting to secure the 20 Charter Members (between now and the end of the year). The City of Wichita is being requested to become one of the initial Charter Members. The City Council has already approved its 1997 budget; this allocation was not a projected budget expense. The City Council could authorize funding from its Reserves or Contingency Account if it wishes to participate as a member. Likewise, it is possible for the Council to either utilize some of its Guest Tax funds or include in its overall C&VB contract budget. Since not all of the Charter memberships have been committed, it is presumed that if the City Council determines to participate, it would be contingent upon the securing the necessary membership to support the sports commission concept. Mayor Knight Mayor Knight inquired if anyone wished to be heard. David Eads David Eads, with the Convention and visitors bureau (C & VB) said the proposal had been reviewed and asked that the City join the charter membership group. Council Member Kamen Council Member Kamen questioned whether this belonged under Convention & Tourism rather than the Convention & Visitor's Bureau. Council Member Ferris present. Mayor Knight Mayor Knight said he liked the proposal but was unsure how the funding would be worked out. It might be that the Council will need some time to think about the proposal before a decision is made. David Eads David Eads said a key part of the plan is that a Commission like this opens doors and provides a vehicle for investments on the part of sports companies. Seven commitments have been made. Mayor Knight Mayor Knight said the investment should be made by the other 19 charter members and then the matter should be returned to the City Council for a decision. Greg Cockworth Greg Cockworth, representing Wichita Baseball, Wichita Wranglers, National Baseball Congress, and Events in the Midwest (a new division in baseball funded by Bob and Mindy Rich) which was started because of the concept with the Sports Commission, said Events in the Midwest will focus on special events, not specifically sports related, and will complement the Sports Commission. Wichita Baseball has pledged support to the Wichita Sports Commission. Mayor Knight Mayor Knight said he would like to wait until a full Council could be present, and it seems that a base of support ought to be evident before the City is asked to participate. Council Member Ferris Council Member Ferris stated that if there is a show of wide-spread support, he would be in favor of the project. ST. MARK'S BUILDING ST. MARK'S BUILDING. Motion -- carried Knight moved that this Item be deferred two weeks. Motion carried 5 to 0. (Cather, Rogers; absent) NE SOCCER COMPLEX NORTHEAST SOCCER COMPLEX PROPOSAL. Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-930. Regency Lakes II, LLC., in conjunction with Wichita Strykers Charitable Trust, is proposing to acquire, build and deed land for a soccer field to the City of Wichita, with the City then becoming responsible for operation and maintenance. In conjunction with the proposed soccer field, the Park and Recreation Department is working on another public/private project which would build an adjoining baseball/football complex, providing for a needed sports complex on the East side. The Regency Lakes proposal would require the City to commit to certain public improvements associated with this project, in exchange for land donation. The Regency Lakes II. LLC., proposal includes the following provisions. _ Regency Lakes II. LLC. will lease to Wichita Strykers Charitable Trust, a non-profit organization, for approximately one year, 35-40 acres of real estate located north of K-96 Expressway and West of Greenwich Road. _ During this period of time, 12 soccer fields will be created. _ Upon expiration of the one year lease, Regency will convey the (improved) property to the soccer organization who will, in turn, donate the facilities to the City. _ Wichita Strykers Charitable Trust will develop a land use plan along with engineering, planning and other professional assistance. _ Within five years following the lease to the City, the City will pave access ways and parking lots throughout the soccer complex (which could have potential joint usage for the baseball/football portion of the complex); construct a concession building; and construct lighting and install bleachers for soccer field No. 7. _ The City will be responsible for operation and maintenance of the entire complex. The Wichita Park Board has reviewed this proposal and voted to recommend to the City Council acceptance of the concept of Northeast Soccer Complex. Revenues and expenditures have been estimated for the Northeast Soccer Complex and by the second year of operation (1998), revenues exceed expenditures. (Revenues do not include concession sales, gate receipts or other miscellaneous sales). However, during the first year of operation there will need to be an initial capital outlay for maintenance equipment estimated at $69,650. A local funding source will need to be identified. The City Council has the authority to accept donation of the property and enter into lease agreement with Regency Lakes II. LLC., for approximately one year and then results in donation of the property to the City of Wichita. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Jack Ritchie Jack Ritchie said this complex is important to the east side of town and urged approval of the project. Motion -- Kamen moved that the Lease Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 5 to 0. (Cather, Rogers; absent) FIRE STATION SITE SITE FOR NEW FIRE STATION. Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-931. In September, 1996, the City Council requested the Wichita Airport Authority to donate a parcel of land, located at Webb and K-96, to the City to construct a new northeast fire station. The airport rejected the donation of this site, but agreed to sell a portion of the site (35,358 sq. ft.) to the City for the construction of a fire station. The Airport Authority has offered to sell a building pad site for $30,054. The action by the Authority was tied to a condition that the Airport Authority be given an option to acquire a 14.08-acre city-owned tract of land for the same price as the building pad footage, which under the terms of the proposal by the Airport Authority, would be 13.27 acres excess land over that offered to the City. In addition, this land was acquired by the City in the K-96 project for Cover $300,000. Fire staff has been seeking a desirable location for a fire station in the northeastern part of the City to service existing as well as future development to the east. The proposed site is strategically located both to the service area and to the Jabara Airport. The Fire Department felt that having a fire facility as this location would be of significant value to the Airport Authority in case of an fire or rescue emergency and thus, would support a land donation or property exchange. The location is consistent with the City's Fire Facility Location Plan and is a preferred site for rapid response either from Webb Road or from K-96 Bypass. The airport land while owned by the Wichita Airport Authority is controlled by the Federal Aviation Administration (FAA). This land, along with other property at Jabara Airport, was acquired through a matching fund program administered by the FAA requiring compliance with certain rules for use and disposal. According to the Airport Authority staff, these rules prevent this building pad to be donated and/or leased to the City for a fire station since it was determined that such use was not directly related to airport operations. City staff feels this determination does not consider the benefit such a strategically-located public safety facility has to airport operations in an event of an emergency. Nevertheless, Airport Staff has indicated that FAA will not approve the donation of the property to the City. It will, however, approve of a limited square footage on the site to construct a fire station for the appraised value. The balance of the site (6.63 acres) would remain for runway protection use. Under the circumstances, the City has an option to acquire this land for the stated price and construct the fire station, or locate another equally suitable site elsewhere. However, since the Airport Authority obtains 90% matching funds for land acquisitions, City Staff does not recommend acceptance of the condition by the Airport Authority to obtain the city-owned 14.08-acre site for the same price as a 35,358 sq. ft. building pad site. However, if the Airport Authority wishes to acquire this property that it be in accordance with the price established by current appraisals. The Capital Improvements Program contains funds to design and construct a fire station in the amount of $730,000. However, since it was contemplated that this land would be donated by a sister-governmental agency, no land acquisition costs were included in the fire station appropriation. To acquire this site will necessitate a budget adjustment to appropriate the $30,054 land costs. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Bailis Bell Director of Airports explained that some 25 years ago, the Federal Government agreed with the aviation industry that the aviation industry would be taxed and that those moneys would be put back into airports. Jabara Airport now has about $15 million worth of federal funds invested in it and the airport, by itself, would not support that kind of financial investment. The Federal Government will not give airports money if airports are going to give money away. That has been further interpreted as donating land. The Wichita Airport Authority is not able, by its grant assurances and by Federal Law, to donate land to the City of Wichita. This policy also requires fair market value on leases. A nearby fire station is welcomed by the Wichita Airport Authority. Because there is no requirement for fire service for Jabara Airport by the Federal Government, the argument to that end fell on deaf ears. A $30,000 purchase price would satisfy the Wichita Airport Authority and the Federal Government. The land could also be leased. The other twelve acres was viewed by the Airport Authority as having the possibility of being of benefit to the Airport some day. That is why the motion was to give the City back the money it gave the Airport Authority. Since an exchange of land was not allowed by the FAA, this is a way to finesse the process. Mayor Knight momentarily absent with Council Member Ferris in the Chair. Chris Cherches City Manager said the City can make do with a smaller pad. As long as the Airport Authority does not develop the adjacent acreage, a campus effect can be achieved with landscaping. Motion -- Kamen moved that the the fire station site be purchased and that, if the Airport Authority desires, the City negotiate with the Airport Authority in -- carried the future with regard to City-owned land. Motion carried 5 to 0. (Cather, Rogers; absent) OFFICE SUPPLIES/FORMS OUTSOURCING OF OFFICE SUPPLIES AND FORMS MANAGEMENT (STATIONERY STORES). Ray Trail Director of Finance reviewed the Item. Agenda Report No. 96-932. Stationery Stores is an Internal Service Fund consisting of four components: Stores (office supplies), Print Shop, Micrographics and Copiers. These services provide printing, binding, photocopying, micrographics, facsimile, office supplies and mail processing for City operations. Stationery Stores operations is staffed by two full-time positions to manage the in-house inventory, process office supplies orders, US Mail, and prepare monthly billings to departments for services. Inventory is maintained at the City for departments to purchase. Departments are required to make trips (from outlying areas) and from within City Hall to obtain supplies ordered. To provide these services an overhead charge is placed on all supplies and forms sold. Stores maintained an average annual inventory over the last four years of $74,000. After study, it was determined that contracting this service would present an opportunity for cost savings to all departments being served. A Request for Proposal (RFP) was sent to seventeen (17) vendors to provide office supplies and forms management for the City, therefore eliminating the need to maintain an office supply and forms inventory. Four (4) vendors responded. A staff committee reviewed the proposals to select a vendor based on price and experience. Continental Carbon and Ribbon (CCR) is recommended to provide these services at the lowest cost to the City. CCR will provide guaranteed next day delivery (except special orders) to every department and outlying facilities, provide a computerized monthly billing and purchase the City's current on-hand inventory. The savings from contracting is estimated at $100,000 annually based on the following: elimination of one clerical position (currently vacant), discontinuation of the overhead charge to departments on office supplies and forms, and elimination of the need to maintain an ongoing inventory. CCR offers an employee benefit package which includes health care, dental, disability, life insurance, and a 401K program. The contract will not obligate the City to any specific purchase or volume of purchases; it only provides departments the ability to purchase supplies at the lowest net cost. Funding for office supplies is included within departmental operating budgets. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that selection of Continental Carbon and Ribbon for office supplies and form management be approved and the Purchasing Manager be authorized to sign -- carried the contract. Motion carried 5 to 0. (Cather, Rogers; absent) RECESS The City Council recessed at 10:25 a.m. and returned at 10:35 a.m. PUBLIC IMPROVEMENTS PROPOSED CHANGE TO CHARTER ORDINANCE 151 - PERTAINING TO METHODS OF BUILDING PUBLIC IMPROVEMENT PROJECTS. This Item was pulled from the Agenda. COMMUNITY ARTS CENTER DOWNTOWN COMMUNITY ARTS CENTER. Council Member Kamen Council Member Kamen questioned whether this would be competitive with existing galleries and teachers. Specifics are needed: What the Arts Center will do and how it will be operated. Council Member Kamen said he would like to meet with Staff for assurance that this is an entity of its own and that it will not compete with private enterprise. Council Member Cole Council Member Cole said she sees this as an enhancement of the current Evergreen unit. Mayor Knight Mayor Knight stated that a lot of troubled kids put in the right kind of environment with the right kind of attention can flourish. This is worth exploring and is consistent with some of Mayor Knight's hopes for the core area. Motion -- carried Cole moved that this Item be deferred two weeks. Motion carried 5 to 0. (Cather, Rogers; absent) CITY COUNCIL AGENDA APPOINTMENTS APPOINTMENT TO WICHITA COMMISSION ON THE STATUS OF WOMEN. One appointment (Rogers), for a term expiring June 30, 1997. Motion -- carried Knight moved that this Item be deferred two weeks. Motion carried 5 to 0. (Cather, Rogers; absent) APPOINTMENT TO CPO SOUTHWEST COUNCIL - DISTRICT 4. Ronald F. Ross, 4701 Euclid (17), has been selected by CPO Southwest Council to fill a vacancy in subdistrict 4.3. Motion -- Gale appointed Ronald F. Ross and moved that the appointment be approved. Motion -- carried carried 5 to 0. (Cather, Rogers; absent) NOTICE OF VACANCY - CPO NORTHEAST COUNCIL - DISTRICT I. Motion -- carried Knight moved that this Item be stricken. Motion carried 5 to 0. (Cather, Rogers; absent) CONSENT AGENDA Knight moved that the Consent Agenda, except Item 14a, be approved in accordance with the recommended action shown thereon. Motion carried 5 to 0. (Cather, Rogers; absent) BOARD OF BIDS Report of the Board of Bids and Contracts Dated November 5,1996. At 10:00 a.m., Friday, November 1, 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 11/5/96) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Water Supply Line to serve South Lakes Park (89085); Southborough Estates Addition (N. of 47th St. St. So., W. of Meridian) (88233); Part of Lot 1, Block 1, Southborough Estates Addition (N. of 47th St. So., W. of Meridian) (88234); Unplatted Tract (Campus High School) (N. of 55th St. South) (89053). (448-89085/88233/88234/89053/635151/733238/733246/733329/544615/470401/470402/470 410) Traffic to be maintained during construction. Two lane traffic must be maintained at all times except when controlled by flag persons. (Council approval date 6-4-96/12-11-90/8-25-87/6-4-96) (District IV) AND Sanitary Sewer Extension to serve South Lakes Park 47th St. South & Meridian. (468-82649/722027/533107) Traffic to be maintained through construction using flagpersons and barricades. Two lane traffic must be maintained at all times except when controlled by flag persons. (Council approval date 6-4-96) (District IV) H. D. Mills - $248,014.00 (Aggregate Bid Total) Lift Station and Force Main for Laterals 371 & 372, Southwest Interceptor Sewer to serve Stonebriar Addition (West of Meridian, South of 47th St. South). (468-82638/742874/480379) Traffic to be maintained through construction. (Council approval date 9-17-96) (District IV) Nowak Construction - $153,699.00 Meadow pass from the north line of Meadow Grove to the north line of Lot 8, Block 1: Meadow Grove from the east line of Tyler Road to the east line of Lot 8, Block 3: Meadow Pass Courts serving Lots 4 through 8, Block 1, and serving Lots 1 through 14, Block 4, Northridge Lakes; Meadow Grove court from the south line of Lot 1, Block 1, Northridge Lakes 2nd Addition to the south line of Meadow Grove; and sidewalk along the east line of Meadow pass from the north line of Meadow Grove to the north line of Lot 8, Block 1, Northridge Lakes, and along the north line of Meadow Grove from the east line of Tyler Road to the east line of Lot 8, Block 3, Northridge Lakes (east of Tyler, north of 21st). 472-82606 (763854) 490488) AND Storm Water Sewer No. 463 to serve Northridge Lakes and Northridge Lakes 2nd Additions (east of Tyler, north of 21st). 468-82496 (750844) (485120) AND Storm Water Sewer No. 464 to serve Northridge Lakes and Northridge Lakes 2nd Addition (east of Tyler, north of 21st). 468-82497 (750851) (485121) AND Tyler Road paving improvements: Tyler Road from the NL of Bradford South Addition to the SL of Bradford South Addition (82481); A left turn lane from SL of Meadow Pass as platted in Northridge Lakes to NL of Central Park as platted in Bradford south Addition together with a decel lane to serve Meadow Pass (82611); and tyler Road from NL of sterling to SL of Lot 1, Block 2, Northridge Lakes, Reflection Ridge Lot 45, Block 1 and an unplatted tract (82629) (tyler, north of 21st Street). 472- 82481/82611/82629 (706077/763458/763391) (405161/490448/490442) Ritchie Paving - $730,803.10 S-4 Sewer Rehabilitation Program reconstruct sanitary sewer in alley to serve west of Washington, from Boston to Zimmerly. (621474) WB Carter Construction Co., Inc. - $43,042.00 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 5 to 0. (Cather, Rogers; absent) PUBLIC WORKS/FLEET AND BUILDINGS: DEMOLITION OF THREE (3) PROPERTIES 785444 AS PER SPECIFICATIONS Key Construction, Inc. - $10,560.00 (Lump Sum Total) PUBLIC WORKS/FLEET AND BUILDINGS: MAIN AND GUTTER BROOMS FOR STREET SWEEPERS 130849 AS PER SPECIFICATIONS Total Net Bid Group I - Old Dominion Brush Co. - $ 8,280.00 Total Net Bid Group II - United Rotary Brush Corp. - $18,096.00 Total Net Bid Group III - Old Dominion Brush Co. - $10,900.00 Total Net Bid Group IV - Old Dominion Brush Co. - $ 7,626.60 PUBLIC WORKS/FLEET AND BUILDINGS: NEW MATERIAL SPREADERS 132209 AS PER SPECIFICATIONS Murphy Tractor and Equipment Co. - $13,266.00 PARK AND RECREATION/PLAYGROUND EQUIPMENT FOR WESTLINK PARK 785550 AS PER SPECIFICATIONS Iron Mountain Forge/Recreation Resource, Inc. - $10,064.75 w/Total Alternate No. 1 - $3,700.00 WATER AND SEWER/SEWER TREATMENT: PORTABLE GAS CHROMATOGRAPH 182311 AS PER SPECIFICATIONS Microsensor Technology, Inc. - $23,765.00 w/Option 2 - $1,950.00 WATER AND SEWER: 10.6 MILLION GALLON RESERVOIRAS PER SPECIFICATIONS Coonrod and Associates Construction Co., Inc. - $4,090,000.00 POLICE/TRAINING SECTION: LIGHTWEIGHT, PROTECTIVE, FLEXIBLE STYLE BODY ARMOR 083600 AS PER SPECIFICATIONS Law Enforcement Equipment Company - Item 1 per each $299.95 Law Enforcement Equipment company - Item 2 per each $299.95 Law Enforcement Equipment Company - Item 3 per each $299.95 Law Enforcement Equipment Company - Item 4 per each $299.95 Law Enforcement Equipment Company - Item 5 per each $299.95 Law Enforcement Equipment Company - Item 6 per each $ 29.90 Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid. Motion carried 5 to 0. (Cather, Rogers; absent) ITEM 14a PARK DEPARTMENT CUSTODIAL SERVICES. Agenda Report No. 96-954. Department of Public Works employees cleaned the Park Department buildings until January, 1996, when these services were awarded to a private contractor under a one-year, renewable contract. The contractor's services have proven inadequate and efforts to correct the problems have not been successful. Responses to Request for proposals included a response prepared by the Public Works staff to resume cleaning the buildings using City employees. The lowest bid proposal is $21,445 monthly. The City's proposal is $23,047 monthly. The two lowest qualified contractors' references were evaluated and it was questionable as to whether the duties would be performed according to acceptable standards. City employees who performed the work prior to 1996 were working in classifications that averaged $13.84 per hour in wages and benefits. In 1996, when the work was awarded to a private contractor, the City employees took other positions throughout the City. The City's 1997 bid includes lower level positions (Ranges 609 and one 615) with an average starting salary of $8.70 per hour including benefits. Based on reference evaluations and past experiences, the Staff Screening and Selection Committee recommended that the City resume providing the Park Department custodial services. In 1997, 16 City employees (nine full-time, four part-time, and three seasonal) will be performing the duties. In preparation to transfer the custodial services on January 1, 1997, Public Works requests beginning the hiring process immediately with the new employees starting December 16, 1996. Since most of the new employees will be working at locations as the only custodian and for the most part without any assistance, it is important to use the two-week period to train the employees. In 1995, the city performed the services for approximately $400,000. The accepted contractor's bid for 1996 was $254,560. The City's bid for 1997 is $276,546. Actual direct costs to perform the work using City employees will be approximately $265,000 (includes wages, employee benefits, and materials), plus approximately $11,000 for the two-week training period. These costs can be absorbed in the current budget due to temporary vacancies, and downgrading of positions in 1996. Chris Cherches City Manager, responding to a question, explained that when the City was previously handling these services, the classifications were much higher than when the 1997 contract was bid. Motion -- Ferris moved that City employees provide the Park Department custodial services; and the immediate hiring and two-week training period be approved. Motion -- carried carried 5 to 0. (Cather, Rogers; absent) LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1996 (Consumption on Premises) William H. Smith WSU DBA Campus Act. Center1845 N. Fairmount* Gary R. Batenhorst Godfather's Pizza8728 W. Central* Gary R. Batenhorst Godfather's Pizza4840 S. Broadway* Gary R. Batenhorst Godfather's Pizza1675 S. Rock Road* Michael W. Dunagan Cedar Saloon 3906 E. 13th Street* Latif Abdelmaseh Abram's Cafe 6249 E. 21st Street* (Consumption off Premises) Don Farqhar Rolling Hills C.C. Golf Shop9612 W. Maple * Less than 50% of gross revenues from sale of food Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 5 to 0. (Cather, Rogers; absent) PLANS AND SPECS. PLANS AND SPECIFICATIONS. 1994 Main Replacement Group 3: Circle, from Bluff to (Quentin) Roosevelt (88820); 14th, Dellrose to Pershing (88817); Dellrose, 15th to 14th St. No. (88818); Terrace, Central to Murdock (88816); Erie, Kellogg to Gilbert (88814), (448- 88820/88817/88818/88816/88814/632133/544070) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 7-18-95) (District I & 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., November 4, 1996. Motion carried 5 to 0. (Cather, Rogers; absent) SUBDIVISION PLANS AND SPECIFICATIONS. a. Storm Water Sewer No. 455 to serve I-235 Power Center Addition (east of Hydraulic, south of 31st Street South). Does not affect existing traffic. (Council approval date 9-20-94) (District 3) (468-82419/750893/485125) b. Custer from the north line of the plat to the south line of Lot 24, Block 1; Custer Circle from the east line of Custer to and including the cul-de-sacs; Mt. Carmel Circle from the west line of Custer to and including the cul-de-sacs, and; Sidewalk along one side of Custer paving Stonebriar Addition (west of Meridian, south of 47tth Street South). Does not affect existing traffic. (Council approval date 9-17-96) (District 4) (472-82765/763953/490498) 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., November 15, 1996. Motion carried 5 to 0. (Cather, Rogers; absent) PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. Water Distribution System to serve Brookhaven Estates 2nd Addition-Phase 2 (north of Central, east of 143rd Street East). Does not affect existing traffic. (Council approval date 5-17-94) (448-88833/733444/470422) b. Water Distribution System to serve Horseshoe Bay (north of 21st, east of Ridge). Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 7-16-96) (448-89063/733451/470423) (District V) c. Water Distribution System to serve Stonebriar Addition (west ofMeridian, south of 47th Street South). Does not affect existing traffic. (Council approval date 9-17-96) (448-89074/733469/470424) (District IV) d. Lateral 133, War Industries Sewer to serve The Fountains 2nd Addition (south of Central, east of Greenwich). Does not affect existing traffic. (Council approval date 6-11-96) (468-82599/742858/480377) (District II) e. Landscaping for 47th Street South from Seneca to Broadway. Does not affect existing traffic. (Council approval date 8-1-95) (472-82604/706234/405177) (District IV) f. Lateral 7, Main 16, Southwest Interceptor Sewer to serve HorseshoeBay Addition (north of 21st, east of Ridge). Does not affect existing traffic. (Council approval date 7-16-96) (468-82622/742908/480382) (District V) g. Rock Road Landscaping to Bradley Fair Addition, Bradley Fair 2nd Addition and Unplatted Tracts 1-3 (south of 21st, east of Rock). Does not affect existing traffic. (Council approval date 10-15-96) (472-82775/763979/490500) (District II) h. Bradley Fair Parkway Landscaping to serve Bradley Fair 2nd Addition, Webb Road Commercial Addition and Unplatted Tracts 1 - 5 (south of 21st, east of Rock). Does not affect existing traffic. (Council approval date 10-15-96) (472-82776/763897/490501) (District II) i. 1996-1997 CDBG Northeast Area Sidewalk Construction and Reconstruction on Hydraulic from 19th Street North to 20th Street North, Hydraulic from 13th Street North to 16th Street North, Kansas from 18th Street North to 20th Street North, and Cleveland from 9th Street North to 13th Street North. Traffic to be maintained through construction.(Council approval date 10-01-96) (618447/815044) (District I) Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 5 to 0. (Cather, Rogers; absent) BOARDS MINUTES MINUTES OF ADVISORY BOARDS. Board of Code Standards and Appeals, 10/7/96 Commission on the Status of People with Disabilities, 9/25/96 CPO Northeast Council 1, 10/14/96 CPO North Central Council 6, 10/16/96 Human Services Board, 9/26/96 Wichita Employees' Retirement System, 10/16/96 Wichita Metropolitan Transit Authority Board of Directors, 9/26/96 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 5 to 0. (Cather, Rogers; absent) STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. Agenda Report No. 96-955. The Union Pacific Railroad has scheduled the reconstruction of crossings at two locations and is requesting the approval of two- to three- day closures to accomplish the work. The crossing at Third and Wichita will be reconstructed and the crossing material will be replaced with full depth rubber. The tentative schedule for this installation is November 6-8. The crossing at Murdock and Mead will be reconstructed and concrete crossing material will be installed. The tentative schedule for this installation is November 18-20. This project will be accomplished with no cost to the City. The railroad is responsible for construction barricades and detour signing during the project. There is no cost to the City. Motion -- carried Knight moved that the street closures be approved. Motion carried 5 to 0. (Cather, Rogers; absent) PROPERTY ACQUISITION PURCHASE OPTION (BIG OAK INVESTMENTS). (District IV) Agenda Report No. 96-935. On March 18, 1986, the Wichita City Council approved the issuance of $800,000 in Industrial Revenue Bonds, Series II, 1986, to finance the construction and equipping of a 22,500 s.f. combination office-distribution facility to be leased to and operated by Big Oak Investments, a Missouri partnership. Under the provisions of Article XVII, Sections 17.1 and 17.2 of the Lease Agreement for the bond series, Big Oak Investments has the option, if all outstanding bonds have been paid, to purchase the facility from the City of Wichita for the sum of $100. The City of Wichita on September 3, 1996, received a notice from Boatman's First National Bank of Kansas City of Big Oak Investment's intention to exercise its option to purchase the facility. Under the terms of the Lease, the City is required to convey the real property and facility securing the IRB issue to the Tenant, once the Tenant has paid the purchase price and other considerations as listed under the provisions of the Lease Agreement, including the payment of all outstanding bonds. The City has received a check in the sum of $100 from the Boatman's First National Bank of Kansas City which represents the purchase price for the facility. The City has also been notified by the Trustee, Boatman's First National Bank of Kansas City, in a letter dated September 3, 1996, that all the outstanding bonds secured by the trust estate created in connection with the bond issue matured on September 1, 1996 and that funds were on deposit with Boatman's to retire the bond issue. The purchase price is $100 and other considerations as listed under the provision of the Lease Agreement to redeem and retire all outstanding bonds. This price includes without limitations, principal, interest, redemption premium, and all other expenses of redemption, and trustee fees, but after the deduction of any amounts described and provided for in the Lease Agreement and available for such redemption. The City is contractually bound to convey the IRB Project property to the Tenant by special warranty deed, once all the conditions established in the Lease have been met. Motion -- Knight moved that the Resolution be adopted; the Special Warranty Deed and Termination of Lease Agreement be approved and the Mayor be authorized to sign. -- carried Motion carried 7 to 0. RESOLUTION NO. R-96-407 A Resolution authorizing the City of Wichita, Kansas, to convey certain real property to Bid Oak Investments and prescribing the form of and authorizing the execution and delivery of certain documents in connection therewith, presented. Knight moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Rogers; absent) Yeas: Cole, Ferris, Gale, Kamen, Knight. WATER SERVICE APP. APPLICATION FOR WATER SERVICE OUTSIDE THE CORPORATE LIMITS OF THE CITYOF WICHITA - 6920 WEST 35TH STREET. Agenda Report No. 96-936. Request for water service by David R. and Roberta J. Aragon to supply their property at 7001 W. 35th S. in the Prospect Park Addition. The Water Department can supply this property with an existing 8-inch water main. This property is part of a benefit district and was assessed for this main. Sanitary sewer is not to this property. This application has been approved by the Director of Water and Sewer, City Engineer, Director of Planning and Director of Law. This application is consistent with other service applications in this area and provides consent agreement for annexation. Motion -- Knight moved that the Application be approved, the Mayor be authorized to execute, and the City Clerk be instructed to record with the Register of Deeds. -- carried Motion carried 5 to 0. (Cather, Rogers; absent) SLEEPY HOLLOW LIGHTING SLEEPY HOLLOW LIGHTING. (District II) Agenda Report No. 96-937. Sleepy Hollow Homeowners Association and Columbia Wesley Medical Center requested that the City of Wichita's Park Department participate with them in a project to purchase and install period lighting fixtures along the Sleepy Hollow Park area between Vassar and Murdock Streets. The homeowners association and Columbia Wesley would jointly provide a total of $19,000 toward the project. The City will provide $11,000 matching the amount provided by the Sleepy Hollow Homeowners, for a project totaling $30,000. Columbia Wesley Medical Center has agreed to donate a total of $8,000 ($4,000 immediately and another $4,000 in January, 1997) over a two year period for the purpose of acquiring street lighting near the creek/park area. Sleepy Hollow residents have committed to provide an additional $11,000 in donations for the project. The donations are contingent on receiving matching funding from the City. On October 22, 1996, the City Council approved CIP funds in the amount of $55,000 to accomplish Park Department lighting projects for 1996. The Park Department proposes to use $11,000 from these funds to provide the match. Motion -- Knight moved that the matching funding for purchase and installation of lighting at Sleepy Hollow Park be approved, contingent upon the neighborhood association -- carried funding match. Motion carried 5 to 0. (Cather, Rogers; absent) UTILITY RELOCATIONS UTILITY RELOCATIONS FOR THE CONSTRUCTION OF HILLSIDE, 27TH TO 37TH STREETS NORTH. Agenda Report No. 96-938. Hillside from 27th to 37th Streets North is scheduled to be reconstructed in 1997. The project will primarily consist of replacing the existing two-lane roadway with a four-lane roadway. In order to provide room for the roadway construction, it will be necessary for KGE and Kaneb Pipeline to move existing lines. KGE's and KANEB's existing facilities are currently located in private easements outside the street right-of-way. Therefore, the cost to relocate the facilities must be paid by the City. The cost to relocate KGE poles is estimated to be $19,600 and the cost to adjust KANEB's crossing is estimated to be $11,000, not to exceed $20,000. The funding source is General Obligation bonds. Funds are available in the existing project budget. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 5 to 0. (Cather, Rogers; absent) MUNICIPAL COURT MUNICIPAL COURT, PUBLIC SAFETY INITIATIVE - BUDGET TRANSFER. Agenda Report No. 96-939. The 1996 Budget included funding for initiatives recommended to the City Council by the Municipal Court Task Force. Some of the funded initiatives are: training ($15,000), document review improvements ($43,680), SPIDER system modifications ($20,000), indexing system modifications ($50,000), amnesty program ($25,000), optical imaging system ($50,000), printing revised moving violations ($20,000) and data processing equipment ($10,000). There are various other capital outlay and services for system modifications with a total amount of $100,000. Additionally, the 1996 Budget included $88,000 for changes and relocation of the office space in court administration and the probation offices. These relocations are in association with the addition of the fourth courtroom previously approved by the Council. Due to on-going efforts to re-engineer the processes in court operations, it will not be possible to complete these initiatives before year end 1996. Each of these initiatives can become more effective if the underlying process they automate are streamlined and re-engineered first. To ensure continuity in completing these projects in 1997, it is recommended that the funding be transferred to capital project accounts for administration. This will also avoid unnecessary administrative steps to re-appropriate these funds again in fiscal year 1997. Motion -- carried Knight moved that the transfer of funds be approved. Motion carried 5 to 0. (Cather, Rogers; absent) TRANSLATION/INTERPRETER TRANSLATION AND INTERPRETER SERVICES - SELECTION OF VENDOR. Agenda Report No. 96-940. The Municipal Court is required by state statute to provide translation and interpreter services for court proceedings involving persons whose primary language is one other than the English language. The interpreter must be able to readily communicate with the person and be able to accurately, clearly and effectively repeat and translate the statement of such person and/or translate documents presented to the individual. The most frequently required languages have been Spanish and Vietnamese A request for proposal for translation and interpreter services was submitted to vendors. From review of the submitted responses, Translation and Interpreter Services was able to meet the needs of the Court at the lowest cost of $29.90 per hour. The amount of Translation and Interpreter Services bid is $29.90 per hour. The expense is budgeted in the Municipal Court's general operating budget. Motion -- Knight moved that the selection of Translation and Interpreter Services Company as the provider of interpreter services to the Municipal Court be approved and the Purchasing Manager be authorized to sign the contract. Motion carried -- carried 5 to 0. (Cather, Rogers; absent) PROPERTY ACQUISITION PAYMENT OF CONDEMNATION AWARD TO ACQUIRE TRACTS IN CONNECTION WITH EAST KELLOGG IMPROVEMENTS. (District II) Agenda Report No. 96-941. Tract no. 3 is a building divided into offices with nine tenants. Tract 13 is a dental office with five owner dentists and one tenant dentist. Tracts 41 and 42 are owner occupied residences. Negotiations with the owners were unsuccessful. On September 11, 996, eminent domain action was filed in the District court. That proceeding was concluded with the filing of the appraisers' report on October 24, 1996. The appraisers' award for the takings is $1.99 million. In addition, each of the three appraisers was awarded $5,000 for appraisers' fees. Court costs are to be paid in the amount of $66.50. The Clerk of the District court must be paid the sum of $1,990.066.5 on or before November 22, 1996. Motion -- Knight moved that payment to the Clerk of the District Court of the appraisers' award and related costs and fees for acquisition of tracts of land in connection -- carried with improvements to East Kellogg be authorized. Motion carried 5 to 0. (Cather, Rogers; absent) AGREEMENTS CONSTRUCTION AGREEMENTS FOR CENTRAL, WEST STREET TO MCLEAN; CENTRAL, I-235 TO WEST STREET; HILLSIDE, 27TH TO 37TH STREETS NORTH; AND 29TH STREET BRIDGE, EAST OF OLIVER. (Districts I, IV, V and VI) Agenda Report No. 96-942. On August 13, 1996, the City Council approved including the above subject projects as part of the 1996-2005 Capital Improvement Program (CIP Nos. MS-432, MS-464, MS-463 and B-9302). The Central projects consist of widening and reconstructing Central to provide a five-lane roadway. The Hillside project consists of widening and reconstructing Hillside from 27th to 37th Streets North to replace an existing two-lane asphalt street with four-lane arterial pavement, including necessary channelization. The 29th Street Bridge project consists of replacing the 29th Street North Bridge over a tributary branch of Chisholm Creek, east of Oliver. Agreements between the City and the Kansas Department of Transportation (KDOT) for KDOT to administer the projects have been prepared. The projects will be brought back to City Council for approval prior to construction. The estimated costs for construction of the projects are Central, West Street to McLean, $2,125,000; Central, I-235 to West Street, $2,665,000; Hillside, 27th to 37th Streets North, $1,650,000; and 29th Street Bridge, east of Oliver, $360,000. KDOT will pay 80 percent of the cost of construction and construction engineering. The City's share will be paid by General Obligation Bonds. Motion -- Knight moved that the Agreements be approved and the Mayor be authorized to -- carried execute. Motion carried 5 to 0. (Cather, Rogers; absent) AGREEMENT FOR BITUMINOUS OVERLAY ON I-135. (District I and VI) Agenda Report No. 96-943. The Kansas Department of Transportation (KDOT) intends to construct a four-inch-thick asphalt overlay on I-135 from 17th to 85th Streets North. KDOT intends to take bids on this project in December and construct it in mid- to late spring or early summer. Because a portion of the work is located within the city limits of Wichita, KDOT has submitted an Agreement wherein the City authorizes the work to be done. The Agreement simply authorizes the work to be done within the city limits. Although the Agreement states that City streets can be used for detouring traffic, KDOT will not detour traffic onto the local street system. KDOT contemplates that only one lane of traffic in either direction will be closed at any time and that possibly the work may be done at night to avoid peak traffic periods. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 5 to 0. (Cather, Rogers; absent) PROPERTY ACQUISITION PORTION OF PROPERTY LOCATED AT 10314 WINDEMERE COURT FOR THE K-96 BICYCLE PATH PROJECT. (District II) Agenda Report No. 96-944. The K-96 Bicycle Path, approved by the City Council on March 19, 1996, requires the partial acquisition of part of the property located at 10314 Windemere Court (NE corner of Lot 38, Block 1, Tallgrass East Third Addition, etc.). This tract is owned by Farishta Behzadpour and Eraj Vessli. The subject tract contains approximately 45 square feet. Due to the small size of the taking, the estimated value of the property is minimal. The property owner has agreed to sell the property to the City of Wichita for $500. The 1994 Capital Improvement Program includes $552,000 to acquire the necessary right-of-way for the project and construct the improvements. The funding source is General Obligation Bonds. The budget of $600 includes $500 for acquisition and $100 for closing costs, as well as title insurance. This is last track Property Management has been requested to purchase for the project. Motion -- Knight moved that the budget and the Contract be approved; and the Mayor be -- carried authorized to sign the necessary documents. Motion carried 5 to 0. (Cather, Rogers; absent) GOLF SYSTEM BUDGET ADJ. GOLF SYSTEM BUDGET ADJUSTMENT. Agenda Report No. 96-945. The Department of Park & Recreation requests that funds totaling $30,000 currently allocated for water utilities and professional services within the golf system be transferred to the golf system's commodities budget. These funds are needed to purchase additional grass seed for overseeding of greens at Clapp and MacDonald Golf Courses and to rebuild sand traps and install drain tiles at Sim Golf Course. The Golf Course System has experienced a shortfall in their commodities budget in 1996 due to an unanticipated need to reconstruct sand traps and install drain tiles at Sim Park Golf Course, and the need to purchase additional grass seed for use at MacDonald and Clapp Golf Courses. Because of poor germination of warm season grasses at these two golf courses, the amount of seed used for overseeding of high- use areas has been increased from eight to ten pounds per yard to ensure healthy turf and increase playability of the courses. Adequate funds are available within the golf course budget to transfer $24,000 from the Water Utility account and $6,000 from the Professional Services account to Golf Course Commodities account to cover costs of the needed materials. Motion -- Knight moved that the transfer of funds within the Golf Course budget be -- carried approved. Motion carried 5 to 0. (cather, Rogers; absent) IRB - SOUTHCLIFF EXTENSION OF LETTER OF INTENT - SOUTHCLIFF SHOPPING CENTER ASSOCIATES. (District III) Agenda Report No. 96-946. On April 16, 1996, the City Council approved the issuance of a Letter of Intent for Taxable Industrial Revenue Bonds in an amount not to exceed $1,500,000 to Southcliff Shopping Center Associates (Southcliff). Bond sale proceeds will be used to construct a 30,000 s.f. expansion of the facility leased to A. M. Castle & Co., d/b/a Castle Metals located at 3050 S. Hydraulic. Castle was founded in 1890 and is North America's largest industrial distributor of specialty metals including carbon alloy and stainless steels; nickel alloys; aluminum; titanium; copper and brass. Castle provides highly engineered materials and a full range of value-added services to a widely diversified customer base that includes many Fortune 500 companies. Locally, Castle's markets include substantial sales to local aircraft manufacturing companies. Castle has over 28 locations nationwide and over 2.4 million square feet of capacity including the approximately 26,500 square feet currently under roof at 3050 S. Hydraulic. Southcliff is requesting that the City Council extend their Letter of Intent to April 16, 1997. City Policy provides for extensions for six- month periods. The reason for requesting an extension of the Letter of Intent is that Southcliff was not able to conclude issuance of the Bonds prior to the expiration date of the Letter of Intent. Southcliff 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. Southcliff was granted a 92% tax abatement of ad valorem property taxes on the project. A cost/benefit analysis was performed by Wichita State University showing benefit-to-cost ratios of 2.06 for the City; 1.52 for the County; 1.00 for U.S.D. 259 and 11.6 for the State. Motion -- Knight moved that the request for a reinstatement and extension of Southcliff's Letter of Intent for a six-month period to April 16, 1997, be approved. Motion -- carried carried 5 to 0. (Cather, Rogers; absent) COMPUTER SYSTEM UPGRADE FINANCE COMPUTER SYSTEM UPGRADE - PHASE I REQUIREMENTS STUDY. Agenda Report No. 96-947. The City has operated the existing financial management system since 1988. The new MIS Plan, approved by the City council in June 1996, recommends replacement of the existing finance system by upgrading to the newer "client-server" version offered by the same vendor, KPMG Peat Marwick. The client-server concept involves use of desktop personal computers handling much of the processing functions with data stored on a central server. The entire MIS Plan is built around use of client-server technology for all applications. In addition to cost-effectiveness of new technology, another primary reason for upgrading the existing finance system is to ensure continuity of operations into the next century (the existing system is one of many around the country which cannot operate after 1999 due to design limitations which will not allow transaction dating for the year 2000 and beyond. The proposed upgrade involves four components; Accounting, Purchasing, Budgeting, and Asset Management. The MIS Team endorsed submitting the project to the governing body for approval. The implementation plan calls for the project to proceeding phases. An initial Phase 1 would involve 6-8 weeks of on-site time with KPMG staff in conducting a requirements confirmation and technical assessment study. The study will examine and determine: 2) revisions to the account classification structure, 2) operating procedures for the four components, 3) interface requirements, and 4) system technical requirements. A part of the initial study will also entail examination of all work flows and processes in an effort to re-engineer and streamline all activities. this portion of the review will help determine how staffing requirements can be restructured and reduced as a result of a new system implementation. Following completion of the initial phase, the project would be returned to the City Council (through the MIS Team) for review and determination on proceeding with the second phase of actual implementation. The Phase 1 study is estimated at not-to-exceed $55,000; the subsequent implementation phase is estimated at not-to-exceed $820,000. The MIS Plan projected upgrading the finance system would range in cost from $1.2 - $1.7 million. Cost projections for system upgrade are now estimated at $875,000 (which cost includes the proposed $55,000 requirements study). This cost may be further reduced depending on the outcome of the requirements study. Sources for funding the total cost of the finance computer system upgrade will come from $775,000 in system replacement reserves in the Data Center fund (specifically set aside for the Finance system) and $100,000 from finance Department resources. These funds are already available; no debt financing will be required. Upon installation, the ongoing annual cost for operation of the new system can be accomplished well within the current rate structure. No cost or user rate increase will be required. Motion -- Knight moved that the contract be approved and the Mayor be authorized to sign; and the transfer of $100,000 in Finance Department funds to a capital project -- carried account be authorized. Motion carried 5 to 0. (Cather, Rogers; absent) BROOKHOLLOW REQUEST FROM BROOKHOLLOW NEIGHBORHOOD. Agenda Report No. 96-948. A public/private partnership is proposed to support the development of a tree planting project on the west side of Tara, between Central and Douglas Avenue. A matching $8,000 from the City is requested by the neighbors to complete the planting of 80 trees. Neighborhood funds are in escrow at the K-State Foundation under the "Trees for Kansas" program. The Brookhollow neighborhood has raised $12,500 for the tree planting project. A matching $8,000 from the city is requested to complete the planting (including a two-year full maintenance contract). Motion -- Knight moved that the funding request be approved and the funds be allocated from -- carried the Reforestation Account. Motion carried 5 to 0. (Cather, Rogers; absent) SOUTHWEST PASSAGE RESOLUTION ENDORSING THE SOUTHWEST PASSAGE INITIATIVE FOR REGIONAL AND INTERSTATE INITIATIVE TRANSPORTATION (SPIRIT). Agenda Report No. 96-949. The Southwest Passage Initiative for Regional and Interstate Transportation (S.P.I.R.I.T.) organization's intent is to have U>S> 54 west from Wichita upgraded to four lanes to the Oklahoma border. The U>S> 54 route has become the route of choice for truckers going to and from southern California from the mid-west and central U.S. The increase in trucks (over 2,500 per day) is causing safety concerns. Traffic volume on U.S. 54 west from Wichita ranges from 17,000 vehicles/day (ADT) near Maize Road to 5,000 ADT near Kingman, as well as Pratt. further west, the volume ranges between 2,800 ADT near Greensburg, Kansas, to 4,800 ADT at the Oklahoma border. With over 30 percent of the traffic made up of large trucks, U.S. 54 is extremely busy today and truck traffic is projected to expand due to the growing meat processing industry in Southwest Kansas and Oklahoma. As the Kansas Legislature prepares to replace the 1989 Comprehensive Highway Act, Wichita should lend its support towards having U.S. 54 through Wichita, and west to the Oklahoma border identified as a very high priority for upgrading, as necessary, for safety and improved mobility. Motion -- carried Knight moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Rogers; absent) RESOLUTION NO. R-96-408 A Resolution endorsing the Southwest Passage Initiative for Regional and Interstate Transportation (S.P.I.R.I.T.) organization's intent is to have U.S. 54 west from Wichita upgraded to four lanes to the Oklahoma border, presented. Knight moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Rogers; absent) Yeas: Cole, Ferris, Gale, Kamen, Knight. ORDINANCES SECOND READING ORDINANCES. (First reading 10/29/96) ORDINANCE NO. 43-319 PBC Bonds - WSU An Ordinance of the Governing Body of the City of Wichita, Kansas, designating the use of a portion of the special ad valorem tax levy made under the authority of K.S.A. 76-3a07 and Charter Ordinance No. 8, as authorized and permitted by K.S.A. 12-1757, et seq., as amended and supplemented by Charter Ordinance Nos. 107, 149, and 162 of the City, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Cather, Rogers; absent) Yeas: Cole, Ferris, Gale, Kamen, Knight. ORDINANCE NO. 43-320 A 96-23 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 5 to 0. (Cather, Rogers; absent) Yeas: Cole, Ferris, Gale, Kamen, Knight. A 96-23 ORDINANCE NO. 43-321 Core Area SA Deferral An Ordinance establishing a program for the deferral, on the basis of economic hardship, of certain special assessments for non-residential properties located in an area bounded by Kellogg on the south; Central on the North; the Arkansas River on the west; and Washington Street on the east, all pursuant to the authority vested in the City under Article 12, Section 5 of theConstitution of the State of Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Cather, Rogers; absent) Yeas: Cole, Ferris, Gale, Kamen, Knight. ORDINANCE NO. 43-322 Sidewalk SA An Ordinance making a Special Assessment to pay for the improvement of and providing a Tax Levy for the cost of construction of sidewalks 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 5 to 0. (Cather, Rogers; absent) Yeas: Cole, Ferris, Gale, Kamen, Knight. PLANNING AGENDA S/D 96-61 S/D 96-61 - PLAT OF THE O'REILLY ADDITION LOCATED NORTH OF LINCOLN AND EAST OF OLIVER. (District II) Agenda Report No. 96-950. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. (unanimous) This site is located in a developed area of the City and needed facilities are already available. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Motion -- Knight moved that the plat be approved as recommended and the Mayor be -- carried authorized to sign. Motion carried 5 to 0. (Cather, Rogers; absent) V-1991 V-1991 - REQUEST TO VACATE A UTILITY EASEMENT LOCATED EAST OF HILLSIDE AND SOUTH OF 31ST STREET SOUTH. (District III) Agenda Report No. 96-951. Staff Recommendation: Approve vacation of utility easement. MAPC Recommendation: Approve vacation of utility easement. Applicant desires to vacate unused side yard utility easement in order to construct a garage. Easement Easement from Cheryl L. Moody dated October 2, 1996. (Part Lot 11 and Lot 12, Block 2, Butler's Addition) Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Knight moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, the Easement be received and filed; and a certified copy of the Order and the Easement be -- carried recorded with the Register of Deeds. Motion carried 7 to 0. Z-3210 Z-3210 - REQUEST FOR ZONE CHANGE TO "NO" NEIGHBORHOOD OFFICE FROM "B" MULTI-FAMILY RESIDENTIAL, LOCATED WEST OF OLIVER AND NORTH OF ENGLISH. Agenda Report No. 96-952. MAPC Recommendation: Approve (10-0). Staff Recommendation: Approve. CPO Recommendation: Approve (6-0). The applicant requests a zone change from "B" Multi-Family to "NO" Neighborhood Office in order to continue operation of an interior decoration business. The business is being relocated due to improvements to the Oliver and Kellogg intersection. The proposed site is developed with a vacant dentist office that will be renovated for the applicant's use. The code permits "medical services" in the "B" district, but not other types of offices. The purpose of the "NO"... district is to accommodate very-low intensity office development...that [is] generally appropriate near residential neighborhoods." Individual commercial uses are limited to a maximum of 8,000 square feet in the "NO" district. The site is screened to the south and west by an existing wood fence. Uses near the application area include duplexes north and south, single-family to the west and southeast. Accessory parking for Southwest Bell is located to the northeast. Located further north of the north duplex is a parking lot and Lincoln Heights shopping center. Oliver is a 4-lane arterial, but is scheduled in the latest edition of the CIP to become a 5-lane arterial in 2003. During the Planning Commission's discussion of this matter, the applicant explained that his interior design business has been in the College Hill neighborhood for the past 33 years, and that he is being forced to relocate to this office building due to the improvements being made to Kellogg. After discussion, the MAPC voted (10-0) to approve the request as recommended by staff. Motion -- Knight moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC be approved, subject to the recommended conditions, and the Ordinance be placed on first reading. Motion carried -- carried 5 to 0. (Cather, Rogers; absent) ORDINANCE 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, introduced and under the rules laid over. Z-3210 A 96-24 A96-24 - ANNEXATION OF PROPERTIES GENERALLY LOCATED EAST OF GREENWICH ROAD, SOUTH OF 93RD STREET NORTH, WEST OF 143RD STREET EAST, AND NORTH OF 69TH STREET NORTH. Agenda Report No. 96-953. Due to the upcoming closure of the Brooks Landfill, the City has been studying alternative solid waste disposal methods. While a final solution has not yet been determined, the Council believes it is important to plan ahead to secure a site to accommodate a potential landfill facility. Therefore, the City has acquired approximately 1413 acres of which only 795 acres are being annexed in Northeast Sedgwick County as a potential location for a solid waste disposal facility to meet future needs. The land acquired is located in Sections 34 and 35 of Lincoln Township. The land to be annexed is composed of two tracts divided by 127th Street East. The tracts that are currently being annexed lie between Greenwich Road and 143rd Street East and between 77th Street North and 85th Street North. Two tracts totaling 393 acres (which are not being annexed) are separated from the rest of by a distance of approximately one mile. These easternmost tracts are not currently intended for landfilling, but the topsoil and other material on these tracts could be transported to the other land to provide cover for the landfill. The land uses in the vicinity are predominantly agricultural. The consultant report noted 41 homes with an estimated population of 110 people within one mile of the main site proposed for the landfill. All of the properties are zoned RR (rural residential) in the county, and will automatically convert to the City's SF-6 (single family) classification upon annexation. Should the City decide to use part of the land as a landfill or other disposal facility, the area of the facility would need to be rezoned to one of the industrial classifications, and a conditional use approved to govern the specifics of the operation. The major north-south roads serving the site are Greenwich, 127th Street, and 143rd Street. The major east-west roads are 77th Street and 85th Street North. Greenwich Road is the only road in the area that is paved and maintained by the County. The remaining roads are dirt and gravel type roads maintained by local township boards. As long as the land is city-owned, it will be tax exempt and will not generate property tax revenues. Until such time as the site is used as a landfill, all or parts of the land could be leased for continued agricultural use. In 1995, the property tax revenues from the assembled parcels were $1,282. The amount of annual revenue that would be lost by County Fire District No. 1 is $591 based on the 1995 land value assessment. The combined impact on Lincoln and Payne Townships is a loss of $312 in annual property tax revenues. The tracts are eligible for annexation under K.S.A. 12-520a(f), which reads: "No resolution, notice, and public hearing required under the provisions of this section shall be required as a prerequisite to the annexation of land owned by or held in trust for the city or any agency thereof or land all of the owners of which petition for or consent thereto in writing." K.S.A. 12-520 (a)(3) further permits annexation when "the land is owned by or held in trust for the city or any agency thereof." This condition applies whether the land adjoins the current city boundary or not. Motion -- Ferris moved that the annexation request be approved and the annexation -- carried Ordinance be placed on first reading. Motion carried 4 to 1. (Cather, Rogers; absent) Knight - No. 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 96-24 EXECUTIVE SESSION Motion -- Knight moved that the Council recess to executive session to consider consultation with legal counsel on matters privileged in the attorney- client relationship relating to pending litigation and legal advice; and the regular meeting be resumed no later than 11:30 a.m. in the City Council Chambers. Motion -- carried carried 5 to 0. (Cather, Rogers; absent) RECESS Council recessed at 10:55 a.m. and reconvened in regular session at 11:30 a.m. Mayor Knight Mayor Knight announced that no action was necessary as a result of the executive session. ADJOURNMENT The City Council meeting adjourned at 11:30 a.m. Pat Burnett City Clerk 15 COUNCIL PROCEEDINGS JOURNAL 162 NOVEMBER 5, 1996