MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, November 18, 1997 Tuesday, 9:05 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Lambke, Cole, Ferris, Gale, Kamen, Rogers; present. Chris Cherches, City Manager; Kelly Rundell, Senior Assistant City Attorney; Pat Burnett, City Clerk; present. The invocation was given by Major Dallas Raby, City Commander, Salvation Army. 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 November 4, 1997, were -- approved approved 7 to 0. AWARDS AND PRESENTATIONS VISITOR RECOGNITION Visitors from Irkutsk, Russia, were recognized. NAACP RECOGNITION NAACP "Officer of the Year," Donnie Phelps, was recognized. TRAINING CERTIFICATES Employee Training Certificates were presented. PROCLAMATIONS Mayor Knight presented the Proclamations that were previously approved. UNFINISHED BUSINESS Z-3242 Z-3242 - REQUEST FOR ZONE CHANGE FROM "SF-6" SINGLE-FAMILY RESIDENTIAL TO "OW" OFFICE WAREHOUSE LOCATED SOUTH OF 45TH STREET NORTH, 1/2 MILE EAST OF ROCK ROAD. (District II) Continued from October 21, 1997. Council Member Kamen Council Member Kamen explained that the Developer requested a 60-day deferral and others involved have agreed to the deferral. Motion -- Kamen moved that this Item be deferred to January 13, 1998. Motion carried -- carried 7 to 0. NEW BUSINESS PAVING PETITION PETITION TO PAVE 26TH STREET NORTH, WEST OF CLARENCE. (District VI) Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 97-968. The signatures on the Petition represent 66% (7 of 11 owners) of the improvement district area. CPO Council 6 considered the Petition on October 29, 1997. The Council voted 8-0 to recommend approval. Twenty-Sixth Street North, west of Clarence, is a sand road that is difficult to maintain and drains poorly. This project will eliminate the only unpaved section between Amidon and Athenian. The estimated project cost is $17,000. The funding source is Special Assessments. The method of assessment is the square foot basis. The estimated rate of assessment to individual properties is $00.13 per square foot of ownership. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-97-406 Resolution of findings of advisability and Resolution authorizing paving 26th Street North (218.75' west of Clarence to the west line of Clarence) Project Number 472-82887 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cole moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. PAVING PETITION PETITION TO PAVE 27TH STREET NORTH FROM AMIDON TO COOLIDGE. (District VI) Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 97-969. The signatures on the Petition represent 59% (11 of 22 owners) of the improvement district area. Two of the property owners that signed the petition have indicated they no longer support the project. CPO Council 6 considered the Petition on October 29, 1997. The Council voted 8-0 to recommend approval. Twenty-Seventh Street North, from Amidon to Coolidge is a sand road that is difficult to maintain and drains poorly. The estimated project cost is $89,000. The funding source is Special Assessments. The method of assessment is the square foot basis. The estimated rate of assessment to individual properties is $00.16 per square foot of ownership. Ms. Johnson Ms. Johnson, Lot 13, said the paving would not improve the value of her property and that she did not use 27th. Ms. Johnson suggested the assessment area be moved to the east to include those who use the street daily or that the area be enlarged. Mike Lindebak City Engineer explained how benefit areas are drawn. Council Member Cole Council Member Cole spoke in favor of following the standard assessment procedure. Mayor Knight Mayor Knight asked the City Engineer to meet with Ms. Johnson to explain the deferral process. Motion -- Cole moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-97-407 Resolution of findings of advisability and Resolution authorizing paving 27th Street North (from Amidon to Coolidge) Project Number 472-82888 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cole moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. (The Council proceeded to take up time-certain Item No. 10. Action is shown below.) (Item No. 10) WICHITA ART MUSEUM WICHITA ART MUSEUM GOVERNANCE. Chris Cherches City Manager reviewed the Item. Council Member Rogers momentarily absent. Agenda Report No. 97-976. The Wichita Art Museum has faced conflicts over the governance of the Art Museum for some years. These conflicts have resulted in the reaccreditation of the Museum being delayed pending resolution of these long- standing concerns. Seeking to find the appropriate structure, a professional museum expert was retained to examine the governance structure, evaluate effective models in other museums, and propose alternatives by which the museum may be governed in the most effective and efficient manner. A copy of the recommendations were provided to the City Council in August, 1997. The City Council supported the Mayor in the formation of a new, not-for-profit entity (Board of Trustees) which would bear the full responsibility for governing the art museum under a contractual arrangement with the City Council. Since this time, the Mayor has held a number of meetings and has succeeded in bringing together a group of individuals willing to assume this governance responsibility on behalf of the City of Wichita. Under the proposal, the Board of Trustees would become the governing board and would operate under the oversight of the City Council. Established as a 501 c (3), tax-exempt organization, this new, independent body would be contractually responsible to the City for all aspects of the Museum's operations and future. The Board would act in a custodial role for the protection and furtherance of the Museum's collection, and other real assets. Additionally, this Board would bear full responsibility for fund raising, programming and personnel, including the Director and staff. Highlights of the Management Agreement include: * The City will contract with the Board of Trustees to plan, manage and develop the Museum. * The Board of Trustees will have no authority to bind or impose any liability on the City. * All plans, structural improvements, changes or alterations to the Museum will be under the authority of the City. * The Museum Board has the authority to accept gifts of property, including art, and is responsible for Exhibitions, collections and other programming. The City will retain title to works of art in the name of the City in Museum. The sale or disposal of City property would require approval by the City. * The City would continue to support the Museum financially for operations in an amount determined by the City Council. * The City would contract to maintain the grounds and major building systems/structure. * The Museum Board would present an annual operating report and business plan, including a financial report to the City Council. * The Museum Board would be responsible for the sound fiscal management of the institution , including fund raising from the private sector and other governmental agencies, as appropriate. * The Museum Board would employ the director and arrange for other employees it deems necessary. The employees would continue to be eligible for City benefits, unless otherwise agreed to by the City and Board. * The contract could be terminated by either party upon notice. * The Board of Trustees would establish its own membership from individuals within the community who represent the broad interests of the City, including any special committees it deems necessary to carry out the business of the Museum. If approved by the City Council, the new Board of Trustees will assume the governance authority effective January 1, 1998. The City contributes approximately $1.1 million annually toward the operations and maintenance of the Wichita Art Museum. It is anticipated that the previously established budgetary amount would be available for the new Board of Trustees. Likewise it would be anticipated that the Board would develop other programs and fund raising activities, including corporate involvement, to expand the collections, exhibits and operations of the Museum. If the proposed new governance structure is implemented, several ordinance changes will be required, as well as a governing agreement. Several other preliminary steps will likewise be required, including the dissolution of the current board and the Wichita Art Museum Foundation. The new Board of Trustees will need to recommend whether or not the Friends will remain to build the Museum's endowment, serve in some other capacity under the guidance and direction of the new board, or dissolve its separate incorporation and merge its assets with those of the new board. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the new governance structure of the Wichita Art Museum be approved; the Ordinance be placed on first reading; and Staff be authorized to -- carried negotiate agreements with the new entity. Motion carried 7 to 0. ORDINANCE An Ordinance pertaining to the Wichita Art Museum and Wichita Art Museum Board, amending and recreating Section 2.12.060, 2.12.070, and 2.12.080, of the Code of the City of Wichita; repealing the original of said sections and also repealing Sections 2.12.090, 2.12.100, 2.12.110, 2.12.120, 2.12.130, 2.12.140, 2.12.150, and 2.1.160, introduced and under the rules laid over. IRB - ROYAL CARIBBEAN PUBLIC HEARING: ISSUANCE OF INDUSTRIAL REVENUE BONDS - ROYAL CARIBBEAN CRUISES LTD. (District IV) Allen Bell Financial Projects Director reviewed the Item. Agenda Report No. 97-970. On November 4, 1997, the City Council approved the issuance of a Letter of Intent for Industrial Revenue Bonds in an amount not to exceed $11.0 million to Royal Caribbean Cruises Ltd. Bond proceeds will be used to acquire, renovate and equip a facility, located at 4729 S. Palisade in south Wichita, into a telephone reservation center. Royal Caribbean was also granted a 100% ad valorem tax abatement for a 5-year period. Royal Caribbean, based in Miami, Florida, is one of the largest cruise lines in the world. Nearly one million passengers sailed on Royal Caribbean's eleven luxury cruise ships in 1996. The company estimates the number of passengers to reach 1.25 million in 1997. The establishment of the Wichita reservation center, in Phase I of the project, is the first Royal Caribbean installation not located in Miami. Serving initially as the back-up to Royal Caribbean's Miami reservation center, the Wichita facility may become the company's principal reservation center with the completion of Phase II of the project. The bonds will be issued in two phases. Phase I bonds will be used to acquire the land and existing facility and to renovate and equip it into a telephone reservation center. Phase II bonds will finance an expansion to the facility which will double the facility's size and the number of employees employed. The total estimated costs of the project for Phase I are as follows: USES OF FUNDS * Acquisition of Existing Facility $ 880,000 * Improvements to Existing Facility 1,650,000 * Technology Infrastructure 2,496,460 * Furniture, Fixtures and Equipment 938,540 (Including Reservation System) * Costs of Issuance 35,000 Total Cost of Project: $6,000,000 The bonds will be purchased by the company. Bond Counsel for the transaction is the firm of Hinkle, Eberhart and Elkouri L.L.C., Wichita. Royal Caribbean 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. Royal Caribbean was granted a 100% tax abatement of ad valorem property taxes on the project for a 5-year period, however, Royal Caribbean will make a payment in lieu of taxes equal to $12,621 which represents the 1996 taxes on the existing facility. The estimated first year taxes abated on the proposed project are $123,233, of which $35,860 is the City's portion, $34,679 the County's portion, $50,972 USD 259's portion and $1,723 the State's portion based on the estimated 1997 mill levy of 107.304 mills. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Gale moved that the Public Hearing be closed; the Bond Ordinance be placed on first reading; and the Mayor be authorized to sign the necessary documents. -- carried Motion carried 7 to 0. ORDINANCE An Ordinance authorizing the City of Wichita, Kansas, to issue its taxable industrial Revenue Bonds in the aggregate principal amount of $6 million for the purpose of providing funds to purchase, acquire, construct, and equip a telephone reservation center in an existing facility located in the City of Wichita, Kansas; prescribing the form and authorizing execution of a trust indenture by and between the City and Intrust Bank, N.A., Wichita, Kansas, as trustee with respect to the bonds; prescribing the form and authorizing the execution of a lease agreement by and between Royal Caribbean Cruises LTD. and the City; approving the form of a guaranty agreement; and authorizing the execution of a bond purchase agreement by and between the City and royal Caribbean Cruises LTD., as purchaser of the bonds, introduced and under the rules laid over. IRB - BOEING PUBLIC HEARING: ISSUANCE OF INDUSTRIAL REVENUE BONDS - THE BOEING COMPANY. (District III) Allen Bell Financial Projects Director reviewed the Item. Agenda Report No. 97-971. On March 24, 1992, the Council approved the issuance of a Letter of Intent for Industrial Revenue Bonds for Boeing Commercial Airplane Group, Wichita Division, for a term of four years in an amount not to exceed $2.0 billion. The Council also granted Boeing Company a 100% tax abatement for a five-plus-five-year term (a total 10-year period). The Bond proceeds will be used to finance modernization of Boeing's facilities to support continuing competitiveness. On February 13, 1996, the Council extended the March 24, 1992 letter of intent for an additional four-year period. On November 14, 1995, the Council approved the issuance of bonds in the amount of $201 million. Bond proceeds of the 1995 issue were used to provide new, updated equipment and to generally finance modernization needed to keep the company competitive. On November 19, 1996, the Council approved issuance of additional bonds in the amount of $194 Million. Proceeds of the 1996 issue were used to finance continuing modernization of the facility to include equipage of existing facilities and the purchase of new machinery and equipment in pursuance of the continuing engineering and fabrication of Boeing's next generation of commercial jetliners at Boeing's facilities on South Oliver Street in southeast Wichita. Boeing Wichita, Kansas' number one employer, designs, manufactures and modifies commercial and military aircraft. The Boeing manufacturing plant consists of over 12 million square feet of covered facilities built on 1,100 acres. The City of Wichita has encouraged the continued expansion and modernization of operations at Boeing Wichita through substantial prior issues of City of Wichita Industrial Revenue Bonds. In 1977, employment at Boeing Wichita was approximately 7,000, with a payroll of $100 million. By the end of 1997, employment at Boeing Wichita will exceed 21,000 and payroll is projected to exceed $1 billion. Boeing material orders from Kansas-based suppliers exceeded $469 million in 1996. Boeing Wichita is currently requesting the issuance of City of Wichita Industrial Revenue Bonds in an amount not to exceed $340,000,000. The proceeds from the sale of the bonds will finance acquisition of new machinery and equipment and the construction, reconstruction and improvement of the existing facilities at Boeing's manufacturing site on South Oliver Street in southeast Wichita, in the course of the continuing expansion and modernization of such manufacturing site. The proceeds from the sale of the Bonds will be used to finance approximately $15 million in 1997 real property improvements and $325 million in 1997 personal property improvements. The real property improvements include, but are not limited to, upgrades to the Boeing industrial waste treatment plant, chillers, electrical upgrade and other property enhancements. Selected major 1997 personal property improvements include, but are not limited to: Multi-Task Gantry Riveting System Cell #3 $14,300,000 Multi-Task Gantry Riveting System Cell #4 12,700,000 6-Axis Chord Trimmer 5,600,000 5-Axis Bore/Mill 3,100,000 Cord Trimmer 5,900,000 Cord Trimmer 5,000,000 737 Program Equipment 55,200,000 747 Program Equipment 2,200,000 757 Program Equipment 5,300,000 767 Program Equipment 2,000,000 777 Program Equipment 49,300,000 Body Panel Riveting System 7,000,000 Laser Maskant Scribe 4,300,000 Boeing states that the improvements will not have any adverse effect on the ambient air quality of Wichita and Sedgwick County. Boeing continues to attempt to stabilize employment by creating a technologically advanced facility to maintain Boeing's status as a competitive leader in the aerospace industry. The Boeing Company has advised that all of its products are exported out of the City and State. Boeing Wichita has an approved EEO/AA Plan on file with the City. The Boeing Company agrees to pay all cost of issuing the Bonds and agrees to the City's administrative service fee for the term of the Bonds. The City Council granted Boeing Wichita a 100% abatement of ad valorem property taxes for a five plus five term totaling ten years. Boeing will continue to pay taxes on existing real and personal property which is listed on the tax rolls. The tax abatement put into effect through the proposed Bond issue will only pertain to the property improvements made and the machinery and equipment purchased with proceeds of the proposed Bond issue. The Boeing Company has indicated that none of the Bonds will be placed publicly, thereby negating the need for an underwriter. The Law Firm of Kutak Rock of Omaha, Nebraska, will serve as Bond Counsel for the proposed Bond issue. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Lambke moved that the Public Hearing be closed; the Ordinance be placed on first reading; and the Mayor be authorized to sign the necessary documents. Motion -- carried carried 7 to 0. ORDINANCE An Ordinance approving and authorizing the execution of a lease agreement between the Boeing company and the City of Wichita, Kansas; approving and authorizing the execution of an indenture of trust between said City and CTC Illinois Trust Company; pledging certain payments under said lease agreement and moneys and securities held by the trustee under the terms of said indenture of trust; authorizing and directing the issuance of Industrial Revenue Bonds (The Boeing Company Project) Series XVI, 1997, of said City in the principal amount of $340,000,000 for the purpose of providing funds for the acquisition, construction, reconstruction, and improvement of certain industrial and manufacturing facilities of the Boeing Commercial Airplane Group, Wichita Division, a Division of the Boeing Company, a Delaware Corporation, in Sedgwick County, Kansas; designating the trustee and the paying agent for said bonds; authorizing the sale of said bonds and the execution of a bond purchase agreement therefor; approving and authorizing the execution of an administrative service fee agreement; and authorizing the execution and delivery of certain related instruments, introduced and under the rules laid over. SPECIAL ASSESSMENT PUBLIC HEARING: SUPPLEMENTAL ASSESSMENT FOR SMITHMOOR FIFTH AND SIXTH ADDITIONS SMITHMOOR ADDITIONS LOCATED SOUTH OF HARRY AND EAST OF WEBB. (District II) Chris Cherches City Manager reviewed the Item. Council Member Cole left the Bench. Agenda Report No. 97-973. The Council was notified on September 9, 1997 that the assessment roll was on file for public inspection in the Special Assessments Section of the City Clerk's office. The intent of this supplemental assessment is to correct the assessment from Lot 1-6 (inclusive), Block 1, Smithmoor Fifth Addition to Lots 1- 3 (inclusive), Block A, Smithmoor Sixth (Key Numbers: C-51587; C-51588; C-51589) were assigned incorrectly in a replat due to clerical error as set out in Resolution No. R-97- 061, adopted March 18, 1997, and published March 21, 1997. Notice of Hearing was published September 12, 1997, ten days prior to the date of hearing, and affected property owners have been notified in writing. City personnel held an informal hearing September 18, 1997 for the paving projects. Statements on Supplemental Assessments will be mailed November 26th, 1997. The property owners have 30 days from date of statement to pay their assessment and avoid paying interest. The assessments not paid during this period will placed on the 1998 tax roll over a 15-year period for the February 1998 Bond Series 750. The supplement assessments are pursuant to provisions of K.S.A. 12-6a12. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Kamen moved that the public hearing be closed; the supplemental assessments be -- carried approved; and the Ordinance be placed on first reading. Motion carried 6 to 0. (Cole absent) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of Honeytree and Brandon Streets in Smithmoor Fifth Addition (south of Harry, east of Webb) (Project No. 472-82759/764019/490- 504), introduced and under the rules laid over. Council member Cole present. SOFTWARE ANALYSIS PROJECT REQUIREMENTS ANALYSIS - CUSTOMER INFORMATION SYSTEM/UTILITY BILLING SOFTWARE. David Warren Director of Water and Sewer reviewed the Item. Agenda Report No. 97-974. The City has utilized the existing Customer Information System/Utility Billing software since 1989. The Management Information Systems Plan, approved by the City Council in June 1996, recommends a migration of the existing CIS system to the new ORACLE based "client server" software marketed by the same vendor (Systems and Computer Technology, Inc.). Migration to this software system will be compatible in all respects with the MIS Plan, which focuses on client-server based systems. In addition, the software system is based on the ORACLE relational database system, and will hence share this base with Municipal Courts, Finance, Park and Office of Central Inspection information systems. Client-server technology is based on the use of desktop personal computers to handle many processing functions while shared data is stored on a central server (rather than a central processor to which terminals are connected for access). The MIS Plan is fundamentally centered around the client-server concept. In addition, a consideration exists in relation to the language that the current software system is written in. This language (DIBOL) is no longer supported by the hardware vendor, Digital Equipment Corporation (DEC). DIBOL's rights were purchased by a third party (Synergy). There is no guarantee in the long term that the software system will be compatible with future releases of DEC's VMS operating system. Staff of the Water and Sewer Department and the Data Center have worked with Systems and Computer Technology, Inc. and reviewed the adaptability and functionality of the BANNER product as it relates to the Water, Sewer, and Stormwater Utilities for several years. This process has focused on discussions with the vendor and existing or prospective clients and has included a detailed on-site system demonstration. Staff's assessment was that the product was adaptable to operations and that it had reached a level of maturity based on successful implementations in other comparably sized or larger jurisdictions. Based on this assessment, a proposal for the migration of the Customer Information System/Utility Billing software to the BANNER product was submitted to the MIS Team for review. In addition to system features such as the use of client server technology and a graphical user interface that will place the software system in the forefront of current utility billing software systems, implementation will also provide for improved productivity of staff and improved customer service levels. Some of the areas of improvement that will be highlighted by system implementation are as follows: * The ability to combine bills for customers with accounts in multiple locations onto a single billing. * Improved reporting capabilities, audit controls and security features. * Improved billing capabilities relating to industrial sewer billings made possible by recognition of sewage discharge meters and production credit (deduct) meters. Also, the ability to flexibly bill extra strength and other miscellaneous charges. * An interface to the Geographic Information System (GIS) which will allow for cross reference of customer specific and situs based information for system modeling studies. * An interface to the Finance system which will result in direct posting of transactions to the general ledger, thereby eliminating many currently manual posting processes. * Modules for customer complaint tracking and work queue management. The MIS Team endorsed submitting the project to the governing body for approval following a detailed evaluation of implementation issues and costs. It was agreed that this evaluation should appropriately come in the form of a requirements analysis which would be conducted on site by SCT personnel. The requirements analysis phase would be conducted at a not to exceed cost of $50,000 and would include two weeks on site by two SCT analysts. Under the terms of the requirements analysis agreement, the rate charged by SCT would be reduced by one third if the City issues a letter of intent to proceed with system purchase and implementation within forty-five days of the delivery of the requirements analysis document. The scope of work requires the delivery of a document which would be usable as a component of a request for proposal if the City chooses not to proceed with implementation of the BANNER product. Funding sources are available through the Capital Improvement Program #W-590, Replace Customer Information System ($50,000 in 1997 and $450,000 in 1998) and through Data Center reserves. The reserves are by the recalculation of actual charges in relation to budgeted expenditures in 1998 and 1999. The expected total net funds available to the CIS/Billing project are $242,000. In addition, the Data Center will fund the hardware configuration required for system implementation as identified in the requirements analysis. The quote received from SCT for base system purchase and implementation is $741,345 based on revised estimates. This does not include an estimated amount of $441,075 which SCT has initially submitted to cover requirements for system customizations. A fundamental goal of the requirements analysis study will be to determine the nature and extent of the required system modifications. Financial requirements for other cost components such as project management ($226,940) and supplemental support ($150,500) will also be examined in detail. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the Budgeted expenditure be authorized and the Mayor be -- carried authorized to sign any necessary documents. Motion carried 7 to 0. SEWER UTILITY RATES SEWER UTILITY RATES. David Warren Director of Water and Sewer reviewed the Item. Agenda Report No. 97-975. On January 23, 1990, the City Council adopted the Water and Sewer Utility Financial Plan and on April 7, 1992, the City Council adopted the current sewer rate structure. In 1993, the City Council adopted sewer rate increases for 1994, 1995 and 1996 of 8%, 8% and 8%, respectively. These rate adjustments were associated with the implementation of the sewer utility improvement plan on Biosolids Treatment. On December 19, 1995, Council rescinded the approved 1996 sewer rate increase, due to delayed construction of the Biosolids Treatment Facility. There was no rate increase in 1997. Revenue bonds issued in 1997 reimbursed the Sewer Utility for about $30 million in expenditures for the Biosolids Management Plan that were required to meet federal regulations. While construction of the facility is near completion, the associated operating costs and debt service are just beginning. In addition, work is scheduled to improve the sewage collection system, and, in particular, to clean the interceptor sewers. This work decreases sewer stoppages, extends the life of the sewer pipes and maintains their capacity to transmit sewage to the Treatment Plant. This work is important for allowing growth to continue in the northwest and northeast quadrants of the City. The Black & Veatch Review recommended a 5% increase in 1998, followed by increases of 6%, 7%, 7%, 4%, 4%, 4%, 4% and 0% annually through 2006, to maintain financial health and to meet the Council-approved Financial Plan. Water & Sewer staff does not believe that increases of that magnitude are needed. Rather, staff recommends a 5% increase in 1998, as stated in the 1998/1999 budget. Future adjustment will be governed by capital investments required and the fiscal condition of the utility. At the present time, it appears that a 5% adjustment will also be required in 1999 and 2000 to continue the sewer improvements planned. Debt service payments for the 1997 revenue bonds begin in 1998. Rate increases recommended for 1999 and beyond will be further analyzed by staff and will be reviewed by consulting engineers, as part of the bond feasibility study performed in conjunction with sale of additional revenue bonds. Revenue bond covenants require the City to maintain "reasonable and just water and sewer rates, fees and charges." Covenants further require that net utility revenues be at least 120% higher than yearly debt service requirements, and that a minimum of $2 million be maintained in the Utility improvement fund, in addition to the required reserves. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the 5% sewer rate increase included in the 1998/1999 budget, -- carried and the amended CIP be approved. Motion carried 7 to 0. RECESS The City Council recessed at 10:23 a.m. and returned at 10:35 a.m. V-2008 PUBLIC HEARING: V-2008 - REQUEST TO VACATE A PLATTED 16 FOOT WALK EASEMENT AND UTILITY EASEMENT AND TO VACATE THE "NO FENCING" RESTRICTION ON PROPERTY LOCATED IN AN AREA NORTH OF 13TH STREET NORTH AND WEST OF GOVERNEOUR. (District II) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 97-972. MAPC Recommendation: Approve the vacation of the 16-foot walkway easement and remove the "No Fencing" restriction. Retain the 16-foot utility easement. CPO Recommendation: Deny the vacation request. Staff Recommendation: Deny the vacation request. This is a request to vacate a 16-foot walkway and utility easement between Lots 10 and 11 in Block 1 of the Rockhurst Addition. The purpose of the request is to be able to remove the walkway and fence off the property so it is no longer accessible. The applicants indicate the presence of the walkway provides too much accessibility to their property and harms their safety and security. The have presented documentation of 6 incidents occurring on their properties and in the neighborhood that they attribute to the presence of the walkway. They claim that by removing the walkway and closing the access the safety and security of their properties and the neighborhood will be restored. This case was first heard by the Subdivision Committee on December 12, 1996, and was recommended for approval for vacation of the walkway easement and no Fencing restriction by a vote of 3 to 1 (Larry Ross opposed). The utility easement was recommended to be retained. The case then appeared before the MAPC on December 19, 1996. At this meeting other owners in the neighborhood appeared and opposed the vacation. They felt such an action would not resolve the problems of the applicants and in the neighborhood. They proposed to work with the administration of Coleman Middle School and the Police Department to develop other alternatives. The case was continued to February 13, 1997, in order for the neighborhood to attempt to resolve the issue without proceeding with the vacation. At the February 13, 1997, meeting the applicants requested the case be continued to the October 16, 1997, meeting to further work toward an amicable solution. The case was heard again by the MAPC on October 16, 1997. The applicants reported on the efforts of the neighborhood to find alternative solutions, but indicated that none were found. They reaffirmed their request to vacate the walkway and remove the no Fencing restriction. There was still opposition from some in the neighborhood to this request, and the staff was also opposed. Following considerable discussion, the MAPC voted to recommend the vacation of the walkway and removing the no Fencing restriction, but retaining the utility easement. At the request of the City managers Office, this case has been submitted to CPO-2 for review and comment. The report from CPO-2 was not available at the time this report was prepared. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Bill McKinley Traffic Engineer, responding to questions, said the existing sidewalk was done as a part of the platting process. The request was to provide access to Coleman School and was made some 25 to 27 years ago. Mike Watson Police Chief stated that, from the Police Department's view, if the sidewalk were closed off or vacated the problems would not be solved and, in fact, the problems may only be displaced. There have been only six reports in the area this year and those have been minor. Debra Loudermilk Debra Loudermilk, Principal of Coleman, said only a few cases have been reported to the school and none of those have been reported in a timely way. The problems reported included inappropriate language and climbing on the fence. Through a process of elimination, the possible offenders were narrowed down to three girls. The Principal has talked to those three girls. Officer Attebury Police Officer Attebury, responding to questions, said chain link fence down both sides of the sidewalk would not solve the problem as the children would still have access to other yard fences. Officer Attebury reviewed the results of a neighborhood survey in which 22 of 31 lot residents were contacted. QUESTIONS RESPONSES Number of times sidewalk used/month 237 times Want sidewalk closed? 16 yes 6 no Why 16 yes responses want closed? Fear increased crime - 1 Restrict access - 12 Not use sidewalk at all - 4 Why 6 no responses want left open? No fear of increased crime - 6 No need to restrict access - 6 Use sidewalk - 6 Officer Attebury said he would like to have Community Police Officer Leon work with the children to try to help alleviate the problem. Michael Bankston Michael Bankston, 7017 Stonegate, said he had spent numerous hours working with the Police and attending meetings. Mr. Bankston said his concern is the 24-hour per day access to the neighborhood. His insurance agent also told him that because the sidewalk is on private property he is liable for any accident that might happen. Mike Wallace Mike Wallace, 6908 Stonegate, stated that use of the sidewalk is diminishing. This is the only sidewalk in the area. Crime is being reduced, not increased. Vacating or closing the sidewalk is not a solution. Keeping the sidewalk open is in concert with the Comprehensive Plan. Jim Davis Jim Davis, 5903 Timberon, said he utilizes the walk. The sidewalk also gives him a chance to know his neighbors. There are problems but all areas have problems. Mr. Davis urged keeping the sidewalk open. Thomas Funke Thomas Funke, 6907 Timberon, spoke in opposition to closing the sidewalk. Mr. Funke said closing the sidewalk would have a negative impact on the value of his home. Jen-Chi Cheng Jen-Chi Cheng, 7005 Stonegate, spoke in support of vacating the sidewalk. Mr. Cheng said children have broke in to his garage and stolen bikes. Also, one night when he came home, several youth knocked on his car window and made hand signs. The issue is safety which should be put above other issues. Morgan Wallace Morgan Wallace said she uses the path as it is much safer than going down the streets. Morgan said she uses the sidewalk every day and has not seen the problems. Becky Way Becky Way, 7000 Stonegate, urged the sidewalk be left open. Ms. Way's son uses the sidewalk and has not seen the problems. Thirteenth and Fourteenth streets are too dangerous. The neighborhood is safe and the incidents have been minor. Drew Way Drew Way urged that the sidewalk be kept open and said closing it would add 5 minutes to his trip to and from school. Maria Gosha Maria Gosha, 7026 Timberon, urged approval of the closure. Council Member Rogers momentarily absent. Ann Collins Ann Collins, 7014 Timberon, said she had supported closing the sidewalk at one time but now she hopes the problems and disagreement can be solved peacefully. Mayor Knight momentarily absent with Vice Mayor Cole in the Chair. Allen Burke Allen Burke, 6904 Stonegate, said the sidewalk is used by all and that he supported leaving it open. This has opened a dialogue between neighbors. Mr. Burke asked that the neighborhood be given time to resolve the issues. Motion -- Kamen moved that Some funding be allowed for possible enhancements to the sidewalk (i.e.; bushes, fencing, etc.); that the sidewalk be kept open; and the Community Police Officer be given a chance to work with the neighborhood. Council Member Rogers Council Member Rogers spoke against the motion and said the best situation possible is going on - groups of neighbors are communicating, the Police Department is involved, and the school is involved. The City should not set a precedent by using City funds to try to fix the problem. Council Member Ferris Council Member Ferris Stated that this is a unique situation. Most walk throughs are on public land. This sidewalk was intended to be for 33 homes and not for others. Anyone else, other than the immediate neighborhood, would have to go out of their way to use the sidewalk. The neighborhood needs to figure out how to limit access to those 33 homes. Council Member Cole Council Member Cole compared the sidewalk to alleys in her area which are used by the public. Alleys should not all be vacated because of a few problems. -- withdrawn Kamen, with consent of the second, withdrew the motion. Motion -- Kamen moved that Staff meet with the neighborhood, police, and school representatives and return to the City Council with recommendations. Council Member Rogers Council Member Rogers expressed preference for the recommendations to come from the neighborhood. Mayor Knight Mayor Knight said the City Council has discouraged gated communities and that the community should try to pull together. Subst. Motion -- Knight moved a substitute motion that the Vacation Request be denied; and that a complement of resources in the City be available to assist the neighborhood. -- carried Substitute motion carried 6 to 1. Ferris - No. Motion -- Knight moved that Item 43c (Municipal Court Judge Ordinance) be taken up out of -- carried order. Motion carried 7 to 0. (Action is shown in Agenda order.) 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, legal advice, and personnel matters of non-elected personnel; matters relating to employer-employee negotiations; preliminary discussions relating to the acquisition of real property for public purposes; confidential data relating to financial affairs or trade secrets of a business; and the regular meeting be resumed at 2:15 p.m. in the City Council -- carried Chambers. Motion carried 7 to 0. RECESS Council recessed at 12:55 a.m. and reconvened in regular session at 12:17 p.m. Vice Mayor Cole Vice Mayor Cole announced that no action was necessary as a result of the executive session. TRANSIT FACILITY WICHITA TRANSIT MAINTENANCE FACILITY. Chris Cherches City Manager reviewed the Item. Agenda Report No. 97-977. The City Council first approved the concept of a new facility and authorized Staff to seek federal funding to support construction in February, 1992. Since that time a series of decision and action steps have taken place, including: 1. Obtaining federal grant funds to construct the new facility. 2. Architectural contract for design services approved (June 18, 1993). 3. Acquisition of land for site of new facility (July 6, 1993). 4. City Council approval of funding for the project (August 15, 1995). 5. Approval of a $5.8 million federal grant and $1.5 million for local match (June 18, 1996). 6. Approval of revised architectural services and final plans for bidding (October 15, 1996). At a workshop on November 4, 1997, the City Council again reaffirmed its support for this project and authorized proceeding with construction. The site for the proposed new Transit Facility will be located south of Waterman Street, north of Kellogg, east of the central rail corridor and west of Mosley Street. The Facility will provide indoor storage for transit buses as well as modern maintenance space for repair of vehicles. Also included in the Facility will be office and administrative space to carry out the functions of the Wichita Transit operations. An evaluation of the need for the new Facility was provided to the City Council earlier for review. At the workshop, the City Council discussed the funding alternatives for the City's match to finance this project and proposed that it be funded from the City's Capital Improvement Program by using ten year bond financing. The City's matching funds in the amount of $1.5 million will be financed from General Obligation bonds. The original resolution of intent to issue bonds for this project cited K.S.A. 12-1736 as the authority for the bonds. With some use of the facility for administrative space, City of Wichita Charter Ordinance No. 156 is the appropriate authority for this purpose. The Resolution supplements the original Resolution to specify Charter Ordinance No. 156 as the bonding authority. The Resolution has been prepared and approved by the Department of Law. Vice Mayor Cole Vice Mayor Cole inquired if anyone wished to be heard and no one appeared. Motion -- Kamen moved that approval of the construction of the transit maintenance facility be reaffirmed; that funding through the City's Capital Improvement Program (10- year bond financing) be approved; and that the amending Resolution be -- carried adopted. Motion carried 6 to 0. (Knight absent) RESOLUTION NO. R-97-408 A Resolution declaring it necessary to construct a public building in the City of Wichita, Kansas, to wit: a bus maintenance, storage, and administration facility to be located in proximity to the Downtown Transit Center, presented. Kamen moved that the Resolution be adopted. Motion carried 6 to 0. (Knight absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers. HUD CONSOLIDATED PLAN FUNDING RESERVATIONS - HUD CONSOLIDATED PLAN. Chris Cherches City Manager reviewed the Item. Agenda Report No. 97-978. In 1995, the Department of Housing and Urban Development (HUD) issued new regulations regarding the planning and application process for three grant programs. Beginning in the 1995 program year, HUD required local governments to submit Consolidated Plans and combined applications for the Community Development Block Grant (CDBG); Emergency Shelter Grant (ESG); and Home Investment Partnership Grant (HOME) programs. As part of the requirements, local units of government also were required to develop Five Year Strategic Plans (1995-1999) with priority needs established. In addition, One-Year Action Plans, outlining specific activities and grant funding sources for the fiscal year, were also part of the HUD requirements. The City has complied with these requirements each year and it is now time to develop the annual plan submittal required for 1998-99. Preparation for the 1998-99 program year was scheduled to be discussed in Workshop setting on November 4, 1998. Although the Workshop was not held, information packets were distributed to the City Council for future consideration of: (1) establishing priorities for grant funding; (2) designating a Grants Review Committee to review applications for funding; and (3) designating and reserving special funding and allocations. 1. Establishing Priorities - Generally, most of the funding allocated by the City Council has followed the priorities established with the development of the Five Year Strategic Plan. It is anticipated that the City Council will continue these funding priorities, or designate special projects for the 1998-99 program. If the Council changes the Priority Needs in the Strategic Plan, a public hearing will be required. 2. Grants Review Committee - Currently thirteen (13) persons representing various agencies and organizations comprise the Grants Review Committee. The Council has discussed reducing CPO representation and adding representatives from business, and other segments of the community for more balance. It was decided by the Council that no representatives shall serve on the Committee that represent providers of service funded from City grant sources, or have any other conflict of interest. The Council will need to determine Committee composition for the 1998-99 program year. A change in the composition of the Grants Review Committee will require a thirty-day public comment period. 3. Funding Reservations and Designated Funding - For the past few years, the City Council has revised its procedure to ensure special programs (priorities) would be addressed on an outcome basis. Through a Request for Proposal (RFP) process, those programs felt to be high priority (and traditionally funded from grant sources) were developed based on a required "scope of services" where performance could be monitored and evaluated. In the past, such programs included: Home Repair (Housing), Youth Employment, Women/Family Shelters, and Youth Recreation/Enrichment Programs (Public Services). The City Council will have to determine if these programs are to be continued in the 1998-99 allocations. In addition to the (above) designated programs, the following allocations are suggested: 1. Streets/Sidewalks (Neighborhood Improvement Program and Handicap Improvements) 2. Weatherization Assistance 3. Neighborhood Improvement Services & Grants/Loan Program 4. CPO & Neighborhood Assistance Office 5. Colvin/Planeview/Northeast Health Services 6. Neighborhood Services ( Recreational Centers/Services) 7. Historic Preservation/Mandated Activities 8. Consolidated Program Grant Administration (Direct &Indirect) The City Council needs to determine if these programs - traditionally funded - should be designated and funding reserved and if there are other special programs desired by the City Council that should be reserved, such as neighborhood revitalization and improvement. Each year, the City Council has discussed the allocation for the Public Service Category under the CDBG program. The City has funded approximately 29% of its CDBG funds for Public Services, representing about twice as much as other communities surveyed for these purposes. HUD currently limits the amount to 15%, except where cities exceeded this amount prior to the restrictions. With the decline in CDBG funding, the City Council may wish to consider a funding reservation for Public Services which proportionately reduces this Category. Policy Issues/Questions for consideration: 1. Does the City Council wish to re-establish priorities for 1998-99? 2. Does the City Council wish to revise the composition of the Grants Review Committee? 3. Does the City Council wish to reserve more of its CDBG funding for special priority programs/services and capital projects? 4. Should more programs be solicited from the RFP process to encourage collaborative and cooperative efforts among service providers and lower costs of administration. 5. Does the City Council wish to designate those City provided services/programs traditionally funded from CDBG and HOME funds? 6. Should the percentage for Public Services be reduced proportionately to the declining CDBG funding? 7. Does the City Council wish to target more of its funds for neighborhood stabilization efforts? It is anticipated that the CDBG program will be further reduced this year as Congress revises its budget. At this time, however, we are estimating approximately $5.5 million in Consolidated Grant funding will be available for allocation in the 1998-99 program year. This total is comprised of approximately $3.8 million in CDBG; $1.6 million in HOME; and $108,000 for Emergency Shelter Grants. Each grant program is restricted to certain federal allocation limits which cannot be exceeded. These are listed for each Grant as follows: CDBG $1,135,000 Public Services 20% Planning and Administration HOME 15% Neighborhood-Based Non Profits (Minimum required allocation for CHDO's) ESG 30% Essential Services 30% Homeless Prevention 5% Administration Allocation of Consolidated Grant funds is also subject to individual federal eligibility rules regarding specific activities/programs and national objectives of primarily benefiting low income persons, or addressing conditions of slums or blight. The process by which grant funds are authorized by the City Council is a matter of local determination. That is, the City Council is not obligated to solicit funding applications unless it desires to do so. The City Council may also reserve grant funds for priority needs and programs. Council Member Ferris momentarily absent. Tom Smith Grants in Aid Coordinator said CDBG funds must be used for primarily low to moderate income and the income must be verified. Vice Mayor Cole Vice Mayor Cole inquired if anyone wished to be heard. Elizabeth Bishop Elizabeth Bishop, Wichita Independent Neighborhoods, Inc., spoke in favor of neighborhood stabilization funding as one of the main priorities. Motion -- Ferris moved that Council Members Cole and Rogers return with recommendations to -- carried the City Council on the November 25, 1997, Agenda. Motion carried 6 to 0. (Knight absent) FIRE STATION NO. 18 PROPOSED CONSTRUCTION OF FIRE STATION NO. 18. Chris Cherches City Manager reviewed the Item. Agenda Report No. 97-979. In accordance with the Fire Facility Location Plan, the Fire Department identified a need for a new fire station in the northeast quadrant of the City (Fire Station #18). On November 5, 1996, the City Council approved the purchase of land at Webb Road and south of K-96 from the Wichita Airport Authority. The construction of the new fire station at this location is included in the adopted Capital Improvement Plan. The Fire Department recently solicited bids for this project. The construction budget available for this station was $689,024. Bids were taken and opened on September 12, 1997, and found to be in excess of the budgeted amount. It was determined that this project needed to be re-bid in an effort to reduce construction costs. The Fire Department then worked with Public Works and the Architect to redesign the facility and to develop a list of bid alternates. New bids were then solicited. The bids received on October 24, 1997, were lower than the initial bid due to bidding the project with a series of alternatives; however, the project still was $160,000 over budget, making the total cost of this new facility $849,024. There are several reasons why the cost of this project is higher than initially anticipated. One is due to the current construction climate. Local contractors are experiencing an abundance of work which affords an opportunity to price projects higher than in lesser construction periods. In addition, contractors are paying higher dollars for labor and materials. The other reason that the cost might be higher is that there was an intent to make this facility compatible with other neighboring facilities. The location of this new fire facility is in an environment where it needs to be compatible with the existing structures. It will share a drive entrance with its neighbor -- a well designed and landscaped medical facility. Staff recommends constructing the new station at this time due to the continually growing population in northeast Wichita. As growth occurs in this area, response times to more eastern residences and other properties will decline. Projections are for the population to continue to increase in the east, thus it becomes imperative for fire service to be able to accommodate this growth. Construction of this station will enable the Fire Department to meet both current and future needs. This project is approved in the current Capital Improvements Plan and would be financed through General Obligation Bonds. The available construction budget is $689,024, therefore, an increase of $160,000 is needed to construct this facility. Several projects in the CIP have not yet been initiated allowing additional funding for this project. With the revised CIP underway, these financing objectives can be accommodated without deferring other projects. Vice Mayor Cole Vice Mayor Cole inquired if anyone wished to be heard and no one appeared. Motion -- Kamen moved that the low bid of Caro Construction be accepted and the CIP be adjusted to accommodate the increased funding necessary for the project; and the resolution be adopted. Substitute motion -- Ferris moved a substitute motion that the fire station be constructed to standards no higher than the fire stations built within the last four years; and the budget be lowered to remove any extra standards from the project. Council Member Ferris Council Member Ferris explained that he had no problem with the cost but that he did not want to spend extra funds on amenities and exteriors above those used in the construction of the stations constructed on the west side of Wichita. The west buildings are not just plain and would fit in with any community. Steve Lackey Director of Public Works explained that the per square foot cost base is almost two times that of three to four years ago. The building exteriors will be the same. The bids were requested with some items bid separately so cost of various items could be determined. The separation of items may have made it look like some additional amenities are included but, in actuality, the buildings will look alike on the exterior. Motion -- Kamen moved that the low bid of Caro Construction be accepted and the CIP be adjusted to accommodate the increased funding necessary for the project; and the -- carried resolution be adopted. Motion carried 6 to 0. (Knight absent) RESOLUTION NO. R-97-409 A Resolution amending Resolution No. R-96-425 which declared the City's intention of using existing owned property in the City of Wichita, Kansas, for the purpose of building and constructing a fire station thereon; said fire station to be built and constructed in 1997/1998 as a new Fire Station No. 18; directing the City Manager those design, plans, and specifications for the construction of such fire facility prepared and initiated; and, declaring it to be the intention of the governing body to fund the cost of such construction by the issuance of City of Wichita General Obligation Bonds in the amount not to exceed $890,000.00 exclusive of costs of temporary financing, presented. Kamen moved that the Resolution be adopted. Motion carried 6 to 0. (Knight absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers. CITY COUNCIL AGENDA CHAPIN DESIGNATION DESIGNATION OF CHAPIN AS PARK AND OPEN SPACE USAGE. (Requested by Council Member Kamen. Council Member Kamen Council Member Kamen reviewed the Item. Agenda Report No. 97-1018. The City has received a closure permit for the Chapin Landfill from the Kansas Department of Health and Environment. Although there is a plan on file with KDHE showing that the area will be filled for park purposes, the City Council has not taken formal action to designate Chapin for park and open space usage. In 1964, the City Commission approved the acquisition of a portion of the Chapin site for the continued operation of the City's primary refuse disposal site. At that time the Commission directed that a long-range program be prepared for the disposal of the City's refuse, such programs to include the rehabilitation of undesirable land, the prevention of flooding, the development of park sites and the disposal of refuse. The use of this area for Park and Open Space has not recently been reviewed by the City's Park Board. In early 1996, the City Commission voted to have the Park Staff evaluate the area for recreational uses. Even earlier references were found (1958 Plan) referring to hold this land for park and open space. The Chapin Landfill was closed out in January, 1979, subject to a closure plan approved by KDHE. The closure plan filed with KDHE indicates that the site would primarily be suitable for use as an open area, with little potential for construction of permanent structures. With those limitations in mind a determination was made for utilization of the site by the City Parks and Recreation Department as an open green area for general public access and benefit. Several contacts with KDHE during the closure period reflect references to the use of the property for park purposes; however, designation for use as park and open space has not been formalized. On October 22, 1997, the Public Art Advisory Board and the C.A.R. Team adopted motions to initiate and complete the conceptual design for the "Chapin Landfill Proposed Park". Planning to implement certain improvements to this area for use as a park and open space area is underway in the Capital Improvements Program. Should this area not be approved for such use, funding can be eliminated from consideration in the CIP. The City Council has the authority to utilize City-owned land for public purposes, subject to appropriate zoning. Motion -- Kamen moved that Chapin landfill area be designated as for park and open space -- carried usage, and scheduled for future improvements. Motion carried 6 to 0. (Knight absent) APPOINTMENTS BOARD APPOINTMENTS (FOR TERMS EXPIRING JUNE 30, 1999) Board of Appeals of Air Conditioning, Refrigeration, Warm Air Heating and Boilers (2 appointments - Mobile Home Mechanic and Architect) Board of Appeals of Plumbers and Gas Fitters (1 appointment - Public at large) Board of Code Standards and Appeals (2 appointments - city Manager - 1 Citizen at Large, 1 Architect) Board of Electrical Appeals (1 appointment - Public at large) Civil Rights and Services Board (1 appointment - Lambke) Commission on the Status of People with Disabilities (2 appointments - Gale, Knight) Group Life Insurance Board (2 appointments) Library Board (3 appointments - 2-Lambke, 1-Cole) Police and Fire Retirement Board of Trustees (1 appointment - Lambke) Wichita Athletic Commission (3 appointments) Wichita Commission on the Status of Women (Kamen, Knight, Lambke) Wichita Employees' Retirement Board (1 appointment - Lambke) Wichita-Sedgwick County Board of Health (1 appointment - Veterinarian) Motion -- Lambke appointed Pat Richardson (Plumbers and Gas Fitters), Sara Bagby (Library), and Richard Mellard (Police & Fire Retirement) and moved that the appointments be -- carried approved. Motion carried 6 to 0. (Knight absent) CONSENT AGENDA Cole moved that the Consent Agenda, except Items , be approved in accordance with the recommended action shown thereon. Motion carried 6 to 0. (Knight absent) BOARD OF BIDS REPORTS OF THE BOARD OF BIDS AND CONTRACTS DATED NOVEMBER 10 AND NOVEMBER 17, 1997. At 10:00 a.m., Friday, November 7, 1997, pursuant to advertisements published, bids were received, publicly opened, read aloud and tabulated for the Board of Bids and Contracts: (Ref: Bid analysis report attached to Board of Bids Minutes November 10, 1997) Water Distribution System to serve Greenwich Business Park/Manhattan Addition (north of 21st Street North, west of Greenwich Road). (448-89130/733972/470475) Traffic Maintained during construction. (Council approval 4/15/97) (District II) WB Carter Construction Co., Inc. - $38,611.00 Water Distribution System to serve Greenwich Business Park (north of 21st Street North, west of Greenwich Road). (448- 89133/733980/470476) Traffic to be maintained during construction. (Council approval date 6-10-97) (District II) WBW Contractors - $18,946.00 Paving Maple Dunes from the south line of Maple Dunes Addition to the northern most corner of Lot 1, Block 4; Maple Dunes Courts adjacent to lots 5 through 8 and 18 through 23, Block 4, and adjacent to Lots 42 through 63, Block 2. Maple Dunes Addition (north of Maple, east of 135th Street West). (472-82829/ 764423/490545) Does not affect existing traffic. (Council approval date 7-1-97) (District V) Kansas Paving - $223,980.60 Paving Morris from the west line of Lot 54, Block 1, to the west line of Todd, Lindberg Circle from the north line of Morris to and including cul-de-sac, and Cranbrook Circle from the north line of Morris to and including cul-de-sac. Harrison Park Second Addition (east of Webb Road, north of Harry). (472- 82863/764571/490560) Does not affect existing traffic. (Council approval date 9-23-97) (District II) Asphalt Construction - $175,158.50 Cole 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 6 to 0. (Knight absent) LIBRARY: Digital Microprinter(101022) Ikon - $17,740.00 Item 1 Total - $16,990.00 Option 1 Total - $ 750.00 PUBLIC WORKS DEPARTMENT/MAINTENANCE DIVISION: Traffic Sign Faces (132217) Group 1 - Vulcan Signs $17,038.95 Group 2 - Kansas Correctional Industries $ 1,301.60 Cole moved that the contract(s) be awarded as outlined above, same being the lowest and best bid, and the necessary signatures be authorized. Motion carried 6 to 0. (Knight absent) At 10:00 a.m., Friday, November 14, 1997, pursuant to advertisements published, bids were received, publicly opened, read aloud and tabulated for the Board of Bids and Contracts: (Ref: Bid analysis report attached to Board of Bids Minutes November 17, 1997) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Lark Lane and SWS #494 to serve Lark Second Addition (from the south line of Lark Second Addition to the Atchison, Topeka, Santa Fe Railroad).(472-82569/468- 82776- /763839/751081/490486/485143) Traffic to be maintained through construction. (Council approval date 3-7-95) (District V) Kansas Paving - $366,914.00* *Engineer's Estimate Paving Lake Ridge /Westlakes from the north line of 29th Street North to the west line of Tee Time; Westlakes/Forest Ridge/Forest Park from the north line of Westlakes to the west line of Lot 1, Block 3; Lake Ridge from the north line of Westlakes to the north line of Lot 23, Block 3; Lake Ridge Courts serving Lots 1 through 8, Block 1, and Lots 9 through 19, Block 1; and a sidewalk on the east and south side of Lake Ridge/Westlakes, from the north line of 29th Street North to the west line of Tee Time and the west and south side of Westlakes/Forest Ridge/Forest Park from the north line of Westlakes to the west line of Lot 1, Block 3. Forest Lakes West Addition (north of 29th Street North, east of Tyler Road). (472-82865/764563/490559) Does not affect existing traffic. (Council approval date 9-23-97) (District V) Cornejo & Sons - $432,794.90 Alternate #1 - $112,112.00 Cole 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 6 to 0. (Knight absent) PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS DIVISION: Carpet Removal & Replacement (130823) Carpet One Centers - $14,774.00 Option #1 per lineal foot - $2.08 PARK & RECREATION DEPARTMENT/CENTURY II DIVISION: Kitchen Equipment (791699) Item 1 - Lady Baltimore Foods, Inc. - $ 8,051.00 Item 2 - Lady Baltimore Foods, Inc. - $ 3,323.00 Item 3 - Sunflower Restaurant Supply - $10,993.00 Item 4 - Sunflower Restaurant Supply - $ 6,376.00 FINANCE DEPARTMENT/DATA CENTER DIVISION: Memory Module (035105) CPU Options, Inc. - $18,050.00 FIRE DEPARTMENT: Jaws-of-Life Rescue Tool System (070136) Conrad Fire Equipment, Inc. - $16,995.00* *Negotiated Price FIRE DEPARTMENT/FIRE STATION #18 Caro Construction, Inc. - $671,364.00 * Alternate # 1 - $ 7,750 Alternate # 12 - $ 2,294 Alternate # 2 - $ 5,202 Alternate # 13 - $ 1,319 Alternate # 3 - $29,700 Alternate # 14 - $ 6,420 Alternate # 5 - $ 3,080 Alternate # 15 - $ 7,755 Alternate # 6 - $ 5,178 Alternate # 16c- $29,400 Alternate # 8 - $15,065 Alternate # 17 - $ 2,835 Alternate # 9 - $ 1,320 Alternate # 18 - $ 9,515 Alternate # 10 - $10,021 Alternate # 19 - $ 4,200 Alternate # 11 - $ 293 *Subject to City Council Approval of Increased Funding Cole moved that the contract(s) be awarded as outlined above, same being the lowest and best bid, and the necessary signatures be authorized. Motion carried 6 to 0. (Knight absent) LICENSE APPLICATIONS APPLICATION FOR LICENSE FOR ADULT ENTERTAINMENT/ESCORT SERVICE. Renewal Norman Massey Jr. Star Enterprise of Kansas 2570 South Seneca dba Circle Cinema Motion -- Cole moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 6 to 0. (Knight absent) APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1997 (Consumption on Premises) Teresa J. Roll Pizza Hut #301004* 547 South Rock Road Teresa J. Roll Pizza Hut #301073* 1035 North Broadway Teresa J. Roll Pizza Hut #301007* 550 North West Street Teresa J. Roll Pizza Hut #301008* 1708 East Pawnee Teresa J. Roll Pizza Hut #301011* 1016 West Douglas Teresa J. Roll Pizza Hut #301012 2560 South Seneca William H. Smith Wichita State University dba Campus Activities Center* 1845 North Fairmount Wen Yen Yeh Fortune Cookie Restaurant* 620 South Holland (Consumption off Premises) Donald L. Bales Klepper Marketing, Inc. 565 South Market Don Farquhar Rolling Hills Country Club Golf Shop 9612 West Maple John R. Leftwich Coastal Mart #9112 10723 West Highway 54 John G. Harmon Casey's General Store 5562 South Seneca * General/Restaurant -- 50% or more of gross receipts derived from sale of food. Motion -- Cole moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 6 to 0. (Knight absent) PLANS AND SPECS PLANS AND SPECIFICATIONS. a. 1997 Contract Maintenance Concrete Reconstruction Phase III at various locations. (131516/112000) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 3-4-97) (Districts I and VI) b. 1998 Utility Cut Repair of streets, driveways, and sidewalks at various locations. (132035/112000) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 8-12-97) (All Districts) c. 1997 Contract Maintenance Brick Work, Phase I (Old Town). (132241/112000) Traffic to be maintained through construction. (Council approval date 3-4-97) (District VI) d. 1997 Contract Maintenance 12 ft. Edge Milling and Heater Scaritication of Arterial Streets, Phase IV at various locations. (132282/112000) Traffic to be maintained through construction. (Council approval date 3-4-97) (All Districts) e. 1997 Contract Maintenance Arterial Concrete Reconstruction, Phase III (Repairs on Douglas adjacent to Century II). (132357/112000) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 3-4-97) (District VI) Motion -- Cole 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., December 5, 1997. Motion carried 6 to 0. (Knight absent) SUBDIVISION PLANS AND SPECIFICATIONS. Storm Water Sewer #486 to serve Maple Dunes Addition (north of Maple, west of 135th West). (468-82717/751016/485137) Does not affect existing traffic. (Council approval date 11-18-97) (District 5) Motion -- Cole 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 21, 1997. Motion carried 6 to 0. (Knight absent) PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. 1997 Repair of Condemned Sidewalk and Wheelchair Ramp Construction, Phase II (at various locations). (132100/112-000) Traffic to be maintained through construction. (Council approval date 8-13-96) (All Districts) - $56,900.00 b. Brooks Landfill Drainage Project - Contract 96C(R). (131300/230-000) Does not affect existing traffic. (Council approval date 8-13- 96) (District n/a) - $1,480,769.00 c. Water Distribution System to serve Greenwich Business Park/Manhattan Addition (north of 21st Street North, west of Greenwich Road). (448-89130/733972/ 470-475) Traffic to be maintained during construction. (Council Approval 4-15-97) (District II) - $110,780.00 d. Water Distribution System to serve Greenwich Business Park (north of 21st Street North, west of Greenwich Road). (448- 89133/733980/470-476) Traffic to be maintained during construction. (Council approval date 6-10-97) (District II) - $55,200.00 e. Water Distribution System to serve Regency Lakes Second Addition (north of 21st Street North, west of Greenwich). (448- 89168/734012/470-479) Does not affect existing traffic. (Council approval date 7- 29-97) (District II) - $33,000.00 f. Water Distribution System to serve Lot 3, Mourer Third Addition (north of Harry, west of West). (448-89184/734053/470-483) Does not affect existing traffic. (Council approval date 8-5-97) (District IV) - $6,300.00 g. Water Distribution System to serve Harrison Park Second Addition (east of Webb, north of Harry). (448-89201/734145/470-492) Does not affect existing traffic. (Council approval date 9-23-97) (District II) - $72,000.00 h. Paving Maple Dunes from the south line of Maple Dunes Addition to the northernmost corner of Lot 1, Block 4; Maple Dune Courts adjacent to Lots 5 through 8 and 18 through 23, Block 4, and adjacent to Lots 42 through 63, Block 2, Maple Dunes Addition (north of Maple, east of 135th Street West). (472- 82829/764423/490-545) Does not affect existing traffic. (Council approval date 7- 1-97) (District V) - $344,500.00 i. Pepper Ridge to serve Oak Ridge Second Addition (north of 29th Street North, east of Tyler). (472-82832/764431/490-546) Does not affect existing traffic. Council approval date 7-15-97) (District V) - $287,000.00 j. Paving Morris from the west line of Lot 54, Block 1, to the west line of Todd, Lindberg Circle from the north line of Morris to and including cul-de-sac, and Cranbrook Circle from the north line of Morris to and including cul-de-sac. Harrison Park Second Addition (east of Webb Road, north of Harry). (472- 82863/764571/490-560) Does not affect existing traffic. (Council approval date 9- 23-97) (District II) - $238,000.00 k. 8" Sanitary Sewer reconstructed in the alley east of St. Francis between Second and Third (south of Central, east of Broadway). (468- 82785/621722/533-283) Does not affect existing traffic. (Council approval date 1- 14-97) (District VI) - $107,041.14 l. Water Distribution System relocate 12" water line to Santa Fe between Second and Third (south of Central, east of Broadway). (448- 89186/634899/544-144) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 1-7-97) (District VI) - $91,769.77 Motion -- Cole moved that the preliminary estimates be approved and filed. Motion -- carried carried 6 to 0. (Knight absent) STATEMENTS OF COST STATEMENTS OF COST. a. (Final) Allis Hotel Demolition. (790337/435-064) DELETED FROM MINUTES PER K. MCMINNVILLE 6/25/1998 - PAID BY CASH ...SECOND S.O.C. b. (Final) Maya Angelou Northeast Library, 3051 East 21st Street North - $739,397.65 (Less Bonds Previously Issued - $212,775.00; Less other Revenue - $515,000.00). Financing to be issued at this time - $11,622.65. (790543/435-085) Motion -- Cole moved that the Statements of Cost be approved and filed. Motion -- carried carried 6 to 0. (Knight absent) EASEMENTS/DEDICATIONS EASEMENTS AND DEDICATIONS. a. Dedication dated 11/3/97 from Brint Davis for a tract in Park Plaza First Addition (Murdock, Waco to Wabash, Index 706002) (no cost to City). b. Easement dated 10/16/97 from Lindy Andeel for a tract in Killarney Plaza First Addition (Private Project, Index 607861) (no cost to City) has been filed and recorded. c. Two easements dated 10/28/97 from Jerry Sue Gilley for tracts in Butler & Fishers Second Addition (Sanitary Sewer Repair, Index 621490) (No cost to City). d. Contingent Dedication dated 9/22/97 from Kathleen Dole-Airoldi for a tract of land in the northeast one-fourth Section 34 TWP 27S R1E (Hillside, Index 607861) (No cost to City). e. Sanitary Sewer Easement dated 10/15/97 from Stephen E. Haight for a tract in Pepperwood Lake Addition (Private Project, Index 607861) (no cost to City) has been filed and recorded. f. Two easements dated 10/6/97 from Randy Dean for tracts in Pawnee Mesa Addition (Private Project, Index 607861) (No cost to City) have been filed and recorded. g. Sanitary Sewer Easement to be dated when signed by the Mayor for a tract in Exploration Place Addition (Exploration Place, Index 607861) (no cost to City). Motion -- Cole moved that the documents be received and filed and the City Clerk be -- carried instructed to record with the Register of Deeds. Motion carried 6 to 0. (Knight absent) BOARDS MINUTES MINUTES OF ADVISORY BOARDS. Board of Zoning Appeals, 10-23-97 CPO Northeast Council 1, 10-27-97 CPO North Central 6, 10-29-97 Police & Employees' Retirement System, 10-15-97 Wichita Employees' Retirement System, 10-15-97 Wichita Public Library, 10-21-97 Wichita Art Museum Board, 10-23-97 Wichita-Sedgwick County Alcohol and Drug Advisory Board (ADAAB), 10-9-97 Sister Cities Advisory Board Minutes, 10-10-97 Public Art Advisory Board and City Manager's Aesthetic Review Team, 10-9-97 Metropolitan Area Planning Commission, 10-16-97 Motion -- carried Cole moved that the Minutes be received and filed. Motion carried 6 to 0. (Knight absent) 100% PETITION PETITION (100%) - STORM WATER SEWER TO SERVE MAPLE DUNES ADDITION (NORTH OF MAPLE, WEST OF 135TH STREET WEST). (District V) Agenda Report No. 97-980. On July 1, 1997, the City Council approved a Petition for a storm water sewer in Maple Dunes Addition. An attempt to award a construction contract within the budget set by the Petition was not successful. A new Petition with an increased budget has been submitted. The signature on the new Petition represents 100% of the improvement district. The original Petition totaled $220,000. The new Petition totals $330,000. The funding source is Special Assessments. Motion -- Cole moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 6 to 0. (Knight absent) RESOLUTION NO. R-97-410 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Sewer No. 486 (north of Maple, east of 135th Street West) Project No. 468-82717 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cole moved that the Resolution be adopted. Motion carried 6 to 0. (Knight absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers. STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. Agenda Report No. 97-1017. The Burlington Northern Santa Fe Railway has scheduled the reconstruction of five (5) railroad crossings in 17th Street at Santa Fe. The railroad is requesting the approval of a four and one-half (4-1/2) day closure of 17th Street to remove these existing crossings, install new ties and ballast and install concrete crossing material. The Railroad has tentatively scheduled this work from approximately noon Tuesday, November 18 through 4:00 p.m. Saturday, November 22. The Railroad is responsible for construction barricades, detour signing, and notification of adjacent businesses. During the closure, 17th Street traffic will be detoured as follows: Eastbound 17th St.: St. Francis to 13th to Mosley to 17th Westbound 17th St.: Mosley to 13th to Broadway to 17th There is no cost to the City. Motion -- carried Cole moved that the Street Closure be approved. Motion carried 6 to 0. (Knight absent) RESPREAD SPECIALS RESPREAD SPECIAL ASSESSMENTS IN BUCKHEAD ADDITION (NORTH OF CENTRAL, WEST OF 119TH STREET WEST. Agenda Report No. 97-981. The developer, Kelsey Development, platted Buckhead Addition and has submitted an Agreement to respread Special Assessments within the addition. The Land was originally included in numerous improvement districts for a number of public improvement projects. The purpose of the Agreement is to respread Special Assessments on an equal share basis for each lot. Without the Agreement, the assessments will be spread on a square foot basis. The Agreement 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 -- Cole moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Knight absent) DESIGN SERVICES DESIGN SERVICES FOR WILSON ESTATES ADDITION. (District II) Agenda Report No. 97-982. The City Council approved the Wilson Estates Addition plat on July 1, 1997. The proposed Agreement between the City and Mid-Kansas Engineering Consultants, Inc. (MKEC) provides for the design of paving Wilson Estates Parkway and sidewalk (south of 21st Street North, east of Rock). Because MKEC provided subdivision engineering services for this addition, it can expedite construction plan preparation. Administrative Regulation 7a allows for the selection of MKEC under these conditions. Payment will be on a lump sum basis of $16,860.00 and will be paid by Special Assessments. Motion -- Cole moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Knight absent) DESIGN SERVICES DESIGN SERVICES FOR BRADFORD NORTH ADDITION. (District V) Agenda Report No. 97-983. The City Council approved the Bradford North Addition plat on February 13, 1996. The proposed Agreement between the City and Poe & Associates of Kansas, Inc. provides for the design of Lateral 122, Westlink Sewer; Storm Water Drain No. 133; Water Distribution System No. 448 88983; and paving Keith, Wedgewood, Brookridge, Keith Courts, Wedgewood Court, Brookridge Courts, and sidewalk (west of Tyler, south of 29th Street North). Because Poe provided subdivision engineering services for this addition, it can expedite construction plan preparation. Administrative Regulation 7a allows for the selection of Poe under these conditions. Payment will be on a lump sum basis of $118,050.00 and will be paid by Special Assessments. Motion -- Cole moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Knight absent) DESIGN SERVICES DESIGN SERVICES FOR MEAD FROM DOUGLAS TO FIRST STREET. (District VI) Agenda Report No. 97-984. On August 26, 1997, the City Council approved a project to improve Mead from Douglas to First Street, and authorized the Staff Screening & Selection Committee to select a design engineer. On October 17, 1997, the Staff Screening & Selection Committee selected Savoy, Ruggles & Bohm, P.A. (SRB) to design the improvements. The project consists of paving Mead and three alley approaches with existing brick pavers from Douglas to First Street, providing 36 to 37 concrete parking spaces on the east side, landscaping, trash enclosures, elevated board walk, and surfacing sidewalks with decorative brick or bricklike pavers. Also included is an archway at Douglas on Mead similar to the existing archway on Mosley at Douglas. SRB will also design the replacement of a a cast iron water line that needs to be replaced prior to or in conjunction with the street improvements. Payment to SRB will be made on a lump sum basis of $27,000 for the street improvements and $2,500 for the water improvements. The funding sources for the street improvements are a combination of City-at-Large and Special Assessments. Water Utility Funds have been designated in the Capital Improvement Program (CIP) for main replacement (CIP No. W-67). Motion -- Cole moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Knight absent) SUPPLEMENTAL AGREEMENT SUPPLEMENTAL AGREEMENT - WEST STREET FROM MAPLE TO NORTH OF ZOO BOULEVARD. (Districts IV and VI) Agenda Report No. 97-985. On January 28, 1992, the City Council entered into an agreement with Baughman Company, P.A. to design West Street from Maple to north of Zoo Boulevard. The fee was $144,997.64. On June 15, 1993, the City Council approved Supplemental Agreement No. 1 for Baughman to design the relocation of 12" and smaller water lines in the limits of the project. The fee was $23,500.00. On November 7, 1995, the City Council approved Supplemental Agreement No. 2 for Baughman to design an additional 6" water line in Elm from West Street to 100 feet east, for a fee of $500.00. Baughman's fees through Supplemental Agreement No. 2 total $168,997.64. There are railroad signals in the street right-of-way at Zoo Boulevard. The plans were prepared based on conversations with Omnitrax that they would move the railroad signals. Omnitrax has since advised that they cannot move the signals. Baughman Company was asked to revise the plans based on the signals remaining in the street right-of-way. Supplemental Agreement No. 3 with Baughman Company has been prepared. Payment to Baughman Company for this Supplemental Agreement will be made on a lump sum basis of $14,570 and is available in the project budget. The funding source is General Obligation Bonds. Motion -- Cole moved that the Supp. Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Knight absent) SUPP. AGREEMENT CONSTRUCTION ENGINEERING SERVICES FOR AUBURN HILLS THIRD AND AUBURN HILLS POOL HOUSE ADDITIONS. (District V) Agenda Report No. 97-986. The City Council approved the Auburn Hills Third and Auburn Hills Pool House Additions plat on July 15, 1997. On October 21, 1997, the City Council approved an agreement with Baughman Company, P.A. to design sanitary sewer, water distribution system, and paving improvements for the Additions. The design agreement with Baughman requires Baughman to provide construction engineering services if requested by the City. The proposed Supplemental Agreement between the City and Baughman Company, P.A. provides for the construction engineering services for Lateral 14, Cowskin Interceptor Sewer; Water Distribution System No. 448-89172; and paving Limuel Courts and Limuel Circle in Auburn Hills 3rd and Auburn Hills Pool House Additions (south of Maple, east of 135th Street West). Since this is Construction and Survey's peak workload period, City crews are not available to perform the construction engineering services for this project. Payment will be on a lump sum basis of $25,800. The funding source is Special Assessments. Motion -- Cole moved that the Supp. Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Knight absent) SUPPLEMENTAL AGREEMENT JOHN MACK BRIDGE. (District III) Agenda Report No. 97-987. On November 17, 1992, the City Council entered into an agreement with A. G. Lichtenstein and Associates to design the rehabilitation of the John Mack Bridge. The fee was $147,933.00. On February 6, 1996, the City Council approved Supplemental Agreement No. 1 for A. G. Lichtenstein to design rip rap toe wall and separate the plans for the rehabilitated John Mack Bridge from the new bridge. The fee was $16,350.00. A.G. Lichtenstein's fees through Supplemental Agreement No. 1 total $164,283.00. During the construction of the bridge, the Kansas Department of Transportation (KDOT) asked A. G. Lichtenstein to develop "Guidelines for Construction" for the jacking and shoring details, the reset bearing work, the spall repair at the piers, etc. The guidelines were useful for KDOT and the Contractor to follow in the rehabilitation of the referenced bridge. After the existing asphalt overlay had been stripped from the bridge and the existing deck exposed, KDOT asked A. G. Lichtenstein to review the deck condition and recommend repair methods. When the rocker bearings were removed, deeply pitted and badly corroded rocker bottoms became evident. A. G. Lichtenstein developed several sketches for reusing the existing rockers. Several conflicts were encountered during the arch hanger strengthening work. A. G. Lichtenstein prepared several sketches to correct the conflicts. Supplemental Agreement No. 2 with A. G. Lichtenstein has been prepared. Payment to A. G. Lichtenstein for this Supplemental Agreement will be made on a lump sum basis of $5,563.13 and is available in the project budget. The funding source is General Obligation Bonds. Motion -- Cole moved that the Supp. Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Knight absent) SUPP. AGREEMENT PROFESSIONAL SERVICES (ENVIRONMENTAL) - NORTH INDUSTRIAL CORRIDOR (NIC) PROJECT. Agenda Report No. 97-988. The City entered into a professional services agreement on January 7, 1997, with Camp Dresser & McKee, Inc. (CDM). Under the agreement, CDM agrees to provide technical and professional services to the City for the North Industrial Corridor (NIC) project. Some technical amendments are necessary to clarify the agreement. The supplemental agreement specifically ties some of the descriptive terms used in the Agreement with those used in the Settlement Agreement with KDHE. It also clarifies that payments under the agreement are subject to the Cash Basis and Budget laws. There are no changes in the scope of work or amount of payments. Motion -- Cole moved that the Supp. Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Knight absent) CDBG CONTRACT AMENDMENT CDBG CONTRACT AMENDMENT - WICHITA INDOCHINESE CENTER, INC. Agenda Report No. 97-989. On March 4, 1997, the City Council approved the use of $175,000 in Community Development Block Grant (CDBG) funds to continue a summer youth employment program. A RFP was issued and Wichita Indochinese Center, Inc., was selected to administer the program. During administration of the program, there have been changes in agencies participating. The amendment clarifies the time frame of the program and modifies the method of payment of administrative fees to participating agencies. There is no change in the amount of funds allocated for the program. Motion -- Cole moved that the Contract Amend. be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Knight absent) EMERGENCY SHELTER KANSAS EMERGENCY SHELTER GRANT PROGRAM CONTRACTS. (All Districts) Agenda Report No. 97-990. On July 8, 1997, the City Council approved the City's application to the Kansas Department of Housing and Commerce (KDOH&C) for 1997 Kansas Emergency Shelter Grant Program (KESGP) funding to assist local private nonprofit agencies. KDOH&C has awarded a 1997 KESGP Grant to the City with funding in the amount of $55,000, allocated among two eligible grant categories, to be used by two area homeless service providers for three homeless projects. Three contracts with these two agencies are being brought before the Council. The three KESGP contracts before the Council include two with Inter-Faith Ministries and one with the Center of Hope. The two Inter-Faith Ministries contracts are for rehabilitation projects (one for the Safe Haven homeless shelter and one for the Inter-Faith Inn homeless shelter) and the Center of Hope contract is for a homeless prevention project. The period of operation for each of the contracts is from August 18, 1997 through August 17, 1998. The maximum amount of each contract is: Inter-Faith Inn $25,000 Safe Haven 20,000 Center of Hope 10,000 These 1997 KESGP funds are available through the Stewart B. McKinney Homeless Assistance Act and the contracts obligate no general fund moneys. Motion -- Cole moved that the Contracts be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Knight absent) WEAPONS DESTRUCTION WEAPONS DESTRUCTION. Agenda Report No. 97-991. The Police Department has requested authorization to destroy several weapons which have been confiscated in criminal activity but are no longer needed as evidence. City Code provides that weapons seized in connection with criminal activity shall be destroyed or forfeited to the Wichita Police Department. All transactions involving weapon disposal must have prior approval of the City Manager. A list of weapons being destroyed has been provided and includes a total of 152 handguns and 67 long guns. The destruction of the weapons will be witnessed and monitored by Staff. Upon review by the City Council, the necessary court documents will be prepared to proceed with destruction of the listed weapons. Motion -- carried Cole moved that the list be received and filed. Motion carried 6 to 0. (Knight absent) SETTLEMENT OF CLAIM SETTLEMENT OF CLAIM. Agenda Report No. 97-992. Authorize payment of $17,500.00 as a full settlement of all possible claims arising out of an accidental injury to a bus passenger. On June 2, 1997, Marsha Peoples was a passenger on a bus. While exiting the bus, she was injured when the rear door was closed on her. After investigating the claim, evaluating the extent of the claimed damages, and considering the risks of trial, the City determined that a resolution of this matter was appropriate. After some discussion, the City has been offered an opportunity to resolve the claim with a lump sum payment of $17,500.00 as full settlement of all her claims. Because of the risks associated with litigation, the Law Department recommends acceptance of the offer. Funding for this settlement payment is from the City's Tort Liability Fund. Motion -- Cole moved that payment of $17,500.00 as a full settlement of all possible -- carried claims arising out of the accident be authorized. Motion carried 6 to 0. (Knight absent) EQUIPMENT PURCHASES MAINTENANCE EQUIPMENT FOR STREET REPAIRS. (All Districts) Agenda Report No. 97-993. The City of Wichita contains 1,533 miles of paved streets. The latest inventory in the Pavement Management System shows that 53% of these streets are either full-depth asphalt (401 miles), or asphalt surfacing over concrete (460 miles). City streets installed after 1976 have commonly been constructed with a 6" to 8" layer of asphalt. Each type of city street has a different maintenance concern. Both asphalt and concrete streets have a tendency to buckle and crack when exposed to seasonal temperature fluctuations. However the full-depth asphalt streets have a unique tendency to develop wide, deep cracks at regular intervals, with settlement of the pavement at the crack, creating a rough ride. As the inventory of asphalt streets has aged, the number and severity of cracking problems has increased. In order to correct these problems, an enhanced program of crack sealing and full-depth crack repair is needed. Street Maintenance is requesting the purchase of three "bobcat" type loaders and one pressure crack sealant applicator. Street Maintenance currently has three bobcats, one at each substation and one at the Central Maintenance Facility. Attachments such as grapples, augers, brooms, forks, blades, planers and buckets allow these machines to perform a variety of tasks. Three additional bobcats have been approved in the 1998 and 1999 budgets, to be used with milling attachments to focus on repairing large cracks and buckles. A vendor has given an estimate of $25,000 each to purchase a bobcat with trailer at this time, which is well under the $34,000 each budgeted in 1998 and 1999. It is recommended this purchase be moved up to 1997. Smaller cracks are repaired by cleaning and filling them with a crack sealant material. The City presently has two crack-seal crews working year-round to seal cracks. However, to address the increasing backlog, a third crew is needed. An additional pressure applicator is needed to heat and apply the sealant material. The pressure applicator is estimated to cost $30,000. Projected savings in the Commodities portion of the Street Maintenance budget will allow the transfer of $105,000 to purchase the three bobcat-type loaders and one pressure applicator in 1997. Maintenance personnel will be assigned to provide a third crew for crack repairs, to focus on the backlog of repairs. Funds are available from the Commodities portion of the Street Maintenance budget to allow for this purchase. Motion -- Cole moved that the purchase be approved and staff be authorized to make the -- carried necessary budget transfers. Motion carried 6 to 0. (Knight absent) DOWNTOWN SIDEWALK SWEEPER. (District VI) Agenda Report No. 97-994. The Street Cleaning section of the Maintenance Division currently has a walk-behind sweeper to clean the core area and Old Town sidewalks. This piece of equipment is five years old, used year-round, and is scheduled for replacement in 1998 at a cost of $6,000. There is a new piece of equipment for sidewalk sweeping which has been purchased by New York City, Baltimore and New Orleans for use in their high pedestrian areas. Recently, the City of Hutchinson purchased this new equipment. The new sidewalk sweeper has some unique features that could improve Wichita's current sidewalk cleaning capabilities: * The ability to pick up aluminum cans, glass bottles, and fairly heavy sand. * A hose attachment for special cleaning jobs. * Optional snow plow and riding seat attachments. * An audio voice warning system that can record and broadcast any message. This equipment would enhance the sidewalk cleaning capabilities in Old Town and the core area. The revitalization of the river corridor and the Old Town area has increased the need for more effective sidewalk cleaning equipment. The estimated cost of this sidewalk sweeper is $25,000. Funding is available from year-end Maintenance Division savings to purchase this piece of equipment. Motion -- Cole moved that purchase of the sidewalk sweeper be approved; and staff be -- carried authorized to make the necessary budget transfers. Motion carried 6 to 0. (Knight absent) MODULAR TRAFFIC SIGNAL EQUIPMENT. (Districts II and VI) Agenda Report No. 97-995. In conjunction with some key CIP projects, the City of Wichita has been installing specialized modular traffic signal equipment. Some examples of these construction projects are K-96 & Rock Road, the Kellogg Link, and the first phase of the downtown area signal replacement program. Traffic signal manufacturers have developed a unique process to powder coat the traffic signal hardware (mast arms, poles, pedestals, etc.). This textured material on the modular traffic signals is black in color and significantly improves the overall appearance of the street hardware. This powder coating cannot be applied to our standard aluminum and steel hardware in stock. It must be done as part of the manufacturing process, or it will start to peel within a few months. An average of four vehicular accidents a month require the replacement of traffic signal hardware. Traffic Maintenance has an inventory of standard traffic signal hardware to ensure that damaged equipment can be immediately replaced and traffic flow restored, but it does not include any of the modular, powder coated equipment. With each CIP project, a different size of modular traffic signal equipment has been installed. Replacement modular equipment has not been included as a part of these projects. Of the intersections that currently have modular signals, Traffic Maintenance has identified the following locations which appear to be most susceptible to extensive damages from a vehicular accident. These intersections and a cost for a basic set of replacement equipment include: * Kellogg & Rock Road $16,000 * Kellogg & Main (south side) $25,500 * Core area $15,000 TOTAL: $43,500 It is requested that this basic set of replacement modular equipment be purchased for these locations as a stock item. As accidents occur, the stock will be replaced from insurance settlements. Funding exists from year-end Maintenance Division savings to finance this purchase. Motion -- Cole moved that the purchase be approved and staff be authorized to make the -- carried necessary budget transfers. Motion carried 6 to 0. (Knight absent) THERMOPLASTIC PAVEMENT MARKINGS. (All Districts) Agenda Report No. 97-996. Pedestrian crosswalks throughout the City have typically been striped with either a water-based paint or a cold plastic material. Neither product has met performance expectations for durability, especially on concrete streets. The water-based paint does an adequate job for lane lines, but starts to fade as soon as a few weeks after application at a crosswalk. Cold plastic is more durable, but has a tendency to peel if it is not applied when a street is milled and overlaid and the pavement is hot. The glue does not bond to "cold" streets well, and large sections of a crosswalk marking may pull up, especially where vehicles make frequent right turns. Thermoplastic pavement markings utilize a propane torch which heats the material and fuses it into the pavement. This method appears to develop a better bond with the pavement than the cold plastic with glue. Thermoplastic applied in 1996 and 1997 has performed well at crosswalks including Central & Waco, 13th & Woodlawn, and Central and Rock Road. Thermoplastic material may also be used to "patch" crosswalks that might be missing part of a marking. The heat process can be used to blend the new material with the old material, and eliminate seam lines. The life expectancy of thermoplastic material is two years, compared with only a few months for water-based paint. It is requested that $25,000 be transferred from budgetary savings to purchase preformed thermoplastic pavement markings. This will enable Traffic Maintenance to restripe crosswalks at 15 major intersections throughout the city, providing more durable pavement markings and reducing man- hours used to maintain the intersection. Funding exists from year-end Maintenance Division savings to provide for this purchase. Motion -- Cole moved that the purchase be approved and staff be authorized to make the -- carried necessary budget transfers. Motion carried 6 to 0. (Knight absent) ENGINEERING COMPUTER EQUIPMENT AND TESTING AND FIELD EQUIPMENT. Agenda Report No. 97-997. The revised 1997 Budget for Public Works-Engineering includes $167,070 of contingency funds for transfer to a capital project account for computer equipment and for the replacement of testing and field equipment. A consultant has been engaged to assist in completing a study of the division's computer needs which is expected to be completed later this year. Evaluation of testing and field equipment has identified the need for replacement purchase of the following: Safety Equipment $ 5,000 Testing Equipment $24,500 Survey/Inspection Equip. $16,000 Field Office Chairs 2,280 Total Equipment Cost $47,780 This will provide for replacement of old and/or outdated equipment as well as provide new testing equipment and upgrades to meet testing requirements for state and federally-funded projects. The new and updated equipment will help personnel in being much more effective and efficient to help meet the demands of an increasing number of projects. Transfer of the remaining contingency funds provides for utilization of the funds in 1998 for the division's computer needs based on the completed computer study. Contingency funds designated for field equipment and computer needs totaling $167,070 are available for funding the purchase of the testing and field equipment as well as the transfer for computer equipment needs under study. Motion -- Cole moved that the Budget adjustments for the purchase of $47,780 of testing and field equipment and $119,290 to a capital project account for computer -- carried equipment be authorized. Motion carried 6 to 0. (Knight absent) CMF VEHICLE WASHBAY VEHICLE WASHBAY AT THE CENTRAL MAINTENANCE FACILITY. Agenda Report No. 97-999. Utilizing the WIT process and concepts, a team of employees from the Maintenance Division in Public Works has been studying the problems associated with the vehicle washbay at the Central Maintenance Facility (CMF). The washbay was included in the construction of the CMF during the 1970's. On a daily basis, the washbay is utilized to clean street sweepers, bulldozers, dump trucks, vactor trucks, and other large pieces of equipment. Because of its heavy use and inefficient plumbing system, a large accumulation of dirt, sand, mud, and other debris frequently clogs the drainage system in the washbay. Building Services staff has to clean the drainage system in the washbay on a continual basis. When needed, a sewer contractor is also required to extensively clean the mud trap and drain lines. While investigating the washbay problems, the team was informed that the mud trap did not include an oil separator. Environmental Protection Agency (EPA) requires an oil separator for a vehicle washbay facility. The WIT for Public Works developed recommendations to resolve the CMF washbay problems. The recommendations included the following: 1) installation of a new sanitary sewer line. 2) reconstruction of concrete floor in washbay. 3) purchase new mud trap with oil separator. 4) construct decanter area building for mud trap and oil separator to meet upcoming EPA requirements for stormwater quality. On July 29, 1997, the CMF washbay recommendations were approved by a review committee composed of management staff from Public Works, Water Department, and Central Inspection. The estimated cost for the project is $19,000. The project costs will include $1,000 to hire an architect to prepare plans, $1,900 for contractor services, and $7,100 in materials. This $10,000 will be financed from under expenditures within Contractual Services and Commodities in the CMF Services Budget. The remaining $9,000 will be for labor and equipment from Public Works and Water Department budgets. Existing personnel and equipment will be utilized to perform a majority of the construction activities. These funds are currently included in departmental operating budgets and do not include any additional outlay of funds. Motion -- carried Cole moved that the Project be approved. Motion carried 6 to 0. (Knight absent) HARRY DESIGN HARRY FROM WEBB TO GREENWICH ROAD - DESIGN. (District II) Agenda Report No. 97-1000. On October 1, 1996, the City Council authorized the Staff Screening and Selection Committee to select a design engineer for Harry from Webb to Greenwich Road. On October 17, 1997, the Staff Screening and Selection Committee selected Municipal Engineers, P.A. to design the improvements. Existing and future development in this area indicate the need for a four-lane arterial pavement including channelization, to replace the existing two-lane roadway. Approval of the design project does not obligate the City Council to build the project. Payment to Municipal Engineers, P.A. will be made on a lump sum basis of $61,950. The funding source is General Obligation Bonds included in the 1997 Capital Improvement Program (CIP No. MS-431). The budget is being initiated for $75,000 to provide for staff design review expenses and possible design considerations that may arise during the design development process. Motion -- Cole moved that the Project be approved and the Ordinance be placed on first reading; and the Agreement be approved and the Mayor be authorized to sign. -- carried Motion carried 6 to 0. (Knight absent) ORDINANCE An Ordinance declaring Harry, from Webb to Greenwich Road (472-82883) 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. 29TH NORTH IMPROVEMENT 29TH STREET NORTH IMPROVEMENT - EAST OF TYLER. (District V) Agenda Report No. 97-1001. Property adjacent to 29th Street North, between Tyler and Ridge, is rapidly developing with single family homes. The developer of Oak Ridge 2nd Addition, on the north side of 29th east of Tyler, petitioned to pave 29th adjacent to the plat to a two-lane county type road with ditches along the pavement. During the design phase of the project, it was determined that the drainage ditches would cause the removal of a large number of mature trees. Therefore, it is recommended that the City fund the expense of upgrading the project to provide curb and gutters, eliminating the need for drainage ditches. The estimated cost to the City is $40,000. The funding source is General Obligation Bonds. The balance of the project, $262,400, is to be paid by Special Assessments. Funding for the City Share will be reprogrammed into the 1998 Capital Improvement Program. Motion -- Cole moved that the project be approved and the Ordinance be placed on first -- carried reading. Motion carried 6 to 0. (Knight absent) ORDINANCE An Ordinance declaring 29th Street North, from Tyler Road to 1/2 mile east of tyler Road (472-82882) 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. KGE POLE RELOCATION RELOCATION OF KGE POLES FOR CONSTRUCTION OF A DECEL LANE TO SERVE BRADLEY FAIR BRADLEY FAIR THIRD THIRD ADDITION. (District II) Agenda Report No. 97-1002. On July 1, 1997, the City Council approved a project to construct a decel lane on 21st Street to serve Bradley Fair Third Addition. In order to proceed with the construction, it is necessary to relocate several KGE poles. The cost to relocate the poles is $16,054.00 which will be paid by the project and assessed to the improvement district as special assessments. Motion -- Cole moved that the Customer Order be approved and the Mayor be authorized to -- carried sign. Motion carried 6 to 0. (Knight absent) PROPERTY ACQUISITIONS ACQUISITION OF A PORTION OF PROPERTY LOCATED IN THE 300 BLOCK OF SOUTH SENECA FOR THE MAPLE AND SENECA IMPROVEMENT PROJECT. (District VI) Agenda Report No. 97-1003. The Maple and Seneca Improvement Project, approved by Council on August 20, 1996, requires the acquisition of twenty-two (22) partial takes. Four of these tracts (tracts 15, 16, 17, 18) which are owned by Ronnie Beard and are more fully described on the tract maps and legal descriptions. The subject tracts each contain 500 square feet. A formal appraisal of the property was not performed due to the small tract sizes. The owner has agreed to sell the property for $5,000 per parcel or $20,000. Because of the cost of eminent domain, acceptance of the offer is recommended. The Budget of $20,500 includes $20,000 for the acquisition, and $500 for closing costs. After the purchase, twenty one tracts will have been acquired for the project, with one tract remaining to be acquired through either negotiation or eminent domain. Expenditures of $66,228 have already been approved for the previous acquisitions. Motion -- Cole moved that the budget and the Contract be approved; and the Mayor be -- carried authorized to sign the necessary documents. ACQUISITION OF A PORTION OF PROPERTY LOCATED AT 524 SOUTH SENECA FOR THE MAPLE AND SENECA IMPROVEMENT PROJECT. (District VI) Agenda Report No. 97-1004. The Maple and Seneca Improvement Project, approved by Council on August 20, 1996, requires the acquisition of twenty-two (22) partial takes. One of these tracts is Tract #2 which is owned by Earl Van Dorien and is more fully described on the tract map and legal description. The subject tract contains 487.5 square feet. A formal appraisal of the property was not performed due to the small size of the acquisition. The owner has agreed to sell the property for $5,000. Because of the cost of eminent domain, acceptance of the offer is recommended. The Budget of $5,050 includes $5,000 for the acquisition, and $50 for closing costs. This is the seventeenth tract acquired for the project. After the purchase of this property, five tracts will remain to be acquired through either negotiation or eminent domain. Expenditures of $61,178 have already been approved for the previous acquisitions. Motion -- Cole moved that the budget and the Contract be approved; and the Mayor be -- carried authorized to sign the necessary documents. ACQUISITION OF 461 SOUTH ELPYCO FOR KELLOGG/OLIVER PROJECT. (District II) Agenda Report No. 97-1005. In September, 1995, the East Kellogg/Oliver Improvement Project received final approval from the Federal Government. The City was given permission to begin active acquisition in the corridor at the time of the final approval. All properties directly needed for the project have been acquired and demolished. An additional parcel has been identified where the property and the owner are being impacted by the project. This parcel is located at 461 S. Elpyco (Lot 18, Block 4 of the Lincoln Terrace Addition) and is owned by Angela Moore. The property has 9,900 square feet of land and is improved with a 1,342 square foot single family house. The property was appraised at $78,000. This amount was offered to the owner, and the owner accepted the offer. Funds have been budgeted in the Capital Improvement Program for acquisitions along East Kellogg. The funding source will be General Obligation bonds paid by local sales tax revenues. A budget of $80,000 includes $78,000 for acquisition and $2,000 for closing costs, title insurance, etc. Council action has approved $17,781,134 of Local Sales Tax revenues for right-of-way acquisition for this project. There is also $8,820,000 of Federal funds earmarked for acquisition for a total budget of $26,601,134. All required tracts have been acquired and demolished and the majority of relocation costs have been funded. Total right-of-way expenditures to date total $19,607,000. Motion -- Cole moved that the budget and the Contract be approved; and the Mayor be -- carried authorized to sign the necessary documents. PROPERTY DISPOSITION DISPOSITION OF SURPLUS PROPERTY AT VARIOUS LOCATIONS IN NORTHWEST WICHITA. (District I) Agenda Report No. 97-1006. These properties are generally located in Northeast Wichita and are more properly and legally described on the exhibit. These Properties, were purchased for the infill development project. This project used homes purchased for right-of-way projects, and relocated the structures to sites in declining or distressed neighborhoods. These homes were then rehabilitated and offered for sale to low to moderate income, first time home buyers. All of the structures have been relocated and these remaining lots will no longer be needed for the project. All of the sites are suitable for construction of single family residential dwellings. If declared surplus, the properties will be offered for sale to the general public. All City departments and local government entities have been notified and have shown no interest in the property. Since there is no interest in retaining ownership, and because it is costly to maintain, it appears to be in the best interest of the public to declare the property as surplus and offer it for sale to the general public. The City will receive cash consideration for the sale or lease of the property. The surplus and sale or lease of this property to a private party will place additional value into the tax base. Motion -- Cole moved that the property be declared as surplus and designated as available -- carried for sale to the general public. Motion carried 6 to 0. (Knight absent) PROPERTY LEASE PROPOSAL TO LEASE PROPERTY AT 402 SOUTH BROADWAY. Agenda Report No. 97-1007. The City has received a proposal from Redstone Design Development, a Kansas Corporation, to lease the former Wichita School District building located at 402 S. Broadway from the City for use as office and commercial retail space. The lease proposal came into response to a listing of the property with realtors through the Wichita Downtown Development Corporation. Redstone Design Development is owned by Richard Vliet. His current plans for the redevelopment of the former Carleton School calls for spending between $1 million and $1.5 million on interior and exterior improvements to the building in order to provide leasable space to office and retail sub-tenants in the building. Vliet has agreed to submit final plans and drawings pertaining to these improvements to the City for approval. The Proposal to Lease the City-owned property at 402 S. Broadway includes the major provisions of a formal lease agreement which will be drawn up by the Law Department and presented to the City Council for approval in the near future. The proposal is to lease the property for a term of 50 years at a rental rate of $10,000 per year for the first 10 years and $20,000 for the second 10 years. After 20 years, the rent would equal 10% of the land value as determined each year by an independent appraisal. The proposed lease will be a triple-net lease in which all expenses relating to the property, including operating expenses, taxes, utilities, insurance and maintenance, are the responsibility of the tenant. The Proposal to Lease also includes a purchase option which the tenant may exercise at any time during the first 10 years of the lease by paying the City the sum of $100,000. In addition, the City is asked to provide Vliet's lender with leasehold mortgage protections similar to those provided to lenders in the Hyatt Hotel project, which essentially allows the bank to assume the role of tenant in the event of a loan default. The proposed lease also requires Vliet to prepay rent at the time the lease is executed in the amount of $10,000 covering the rent due for the first 18 months of the lease term. This feature provides Vliet with a six- month delay in collecting rent from sub-tenants in order to allow for the construction of improvements to the building. The City will pay a marketing fee to Wichita Downtown Development Corporation equal to 6% of the purchase option price, pursuant to its contract with the City. Motion -- carried Cole moved that the lease proposal be approved. Motion carried 6 to 0. (Knight absent) HOMELESS FUNDING APPROPRIATION FOR HOMELESS FUNDING. (Item No. 41) Agenda Report No. 97-1008. The proposed 1998-99 Annual Budget recommended an allocation of $50,000 for emergency allocations to assist homeless shelter due to unanticipated shelter emergencies and cold weather conditions. The City Council approved this allocation in the adopted budget. The proposed City funding was to provide emergency assistance to meet homeless shelter needs. The Homeless Coalition was advised of this funding availability and requested to submit requests on a need basis. A request has been received seeking the $50,000 funding allocation for the following: 1. Daytime Drop-In Center $ 7,500 2. Overnight Emergency Shelter Assistance $ 7,500 3. Allocations to support Shelter Operations $35,500 The latter request for funding to three shelters is for no specific purpose, other than to offset projected "operating deficits" for the shelters. No support information has been provided by the individual shelters to justify this amount as emergency funding other than to support shelter operations. The City Council may wish additional documentation as to how these funds will be spent and under what guidelines. Appropriations for homeless assistance have been made in the adopted 1998-99 budget. Funds to assist homeless shelters has been budgeted in an amount not to exceed $50,000. These funds would be in addition to grants of $229,850 (YWCA -$170,000; Harbor House - $55,000; and St. Anthony Shelter $4,850) for homeless centers previously approved. Motion -- Cole moved that the $15,000 for Daytime Drop-In and Emergency Shelter assistance be approved; and that the general assistance for operations of $35,500 be deferred pending further Workshop discussion on the proposed Homeless Plan. -- carried Motion carried 6 to 0. (Knight absent) (Later in the meeting the Council reconsidered Item 41 and action is shown below.) (Mayor Knight present) Motion -- carried Knight moved that Item 41 be reconsidered. Motion carried 7 to 0. Chris Cherches City Manager reviewed the Item and stated that he wanted to be sure the Council was aware of the recommendation. Motion -- Knight moved that the $15,000 for Daytime Drop-In and Emergency Shelter assistance be approved; and that the general assistance for operations of $35,500 be deferred pending further Workshop discussion on the proposed Homeless Plan. -- carried Motion carried 7 to 0. (Mayor Knight absent) STREET LIGHTING STREET LIGHTING RESOLUTION #4-97. Motion -- carried Cole moved that the Resolution be Adopted. Motion carried 6 to 0. (Knight absent) RESOLUTION NO. R-97-411 A Resolution authorizing and directing Kansas Gas and Electric, a Western Resources Company, to install and/or change certain street lights in the City of Wichita, Kansas, presented. Cole moved that the Resolution be adopted. Motion carried 6 to 0. (Knight absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers. #4-97 ORDINANCES SECOND READING ORDINANCES. (First read November 4, 1997) a. IRB - Park West Plaza, Series XV-A and XV-B, 1997. ORDINANCE NO. 43-635 An Ordinance authorizing the City of Wichita, Kansas (the "issuer"), to issue its independent living facility revenue bonds, Series XV-A, 1997 (Park West Plaza, L.L.C.) in the aggregate principal amount of $2,000,000 for the purpose of purchasing, acquiring, constructing and equipping an 18 unit independent living facility and its taxable assisted care facility revenue bonds, Series XV-B, 1997 (Park West Plaza, L.L.C.) in the aggregate principal amount of $1,500,000 for the purpose of purchasing, acquiring, constructing and equipping a 24 unit special care assisted living facility to pay certain costs of issuance; prescribing the form and authorizing execution of a trust indenture between the issuer and and Intrust Bank , N.A., in the City of Wichita, Kansas, as trustee; prescribing the form of a guaranty agreement between Park West Plaza, L.L.C., as guarantor, and Intrust Bank, N.A., Wichita, Kansas, as trustee; and prescribing the form and authorizing the execution of a bond purchase agreement between the issuer, Park West plaza, L.L.C. and Froggatte & Herndon Capital Corporation, as purchaser of the bonds, read for the second time. Cole moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Knight absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers. b. IRB - IMA Plaza, LLC, Series XIV, 1997. ORDINANCE NO. 43-633 An Ordinance authorizing the City of wichita, Kansas (the "issuer") to issue its industrial refunding revenue bonds, Series XIV, 1997 (IMA Plaza, LLC) in the aggregate principal amount of $3,430,000 for the purpose of refunding and redeeming certain outstanding industrial revenue bonds; prescribing the form and authorizing execution of a trust indenture between the issuer and Intrust Bank, N.A., in the City of Wichita, Kansas, as trustee; prescribing the form of and authorizing execution of lease of the project between said issuer and IMA Plaza, LLC; prescribing the form of a guaranty agreement between IMA Plaza, LLC, as guarantor, and Intrust Bank, N.A., Wichita, Kansas, as trustee; prescribing the form and authorizing the execution of a bond purchase agreement between the issuer, IMA Plaza, LLC and Stifel, Nicholaus & company, Inc., as original purchaser for the bonds; and authorizing execution of a lease amendment between the issuer and IMA Plaza, LLC., read for the second time. Cole moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Knight absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers. (Item 43c) C. NEIGHBORHOOD MUNICIPAL COURT JUDGE. Kelly Rundell Senior Assistant City Attorney reviewed Ordinance provisions. Ben Burgess Ben Burgess, President of the Wichita Bar Association, said the judges make a commitment to serve longer terms and the selection process should be done with the same attitude. The current process should not be changed. Rather than weaken the current system, the City Council should take action on individual cases not to reappoint. Council Member Kamen momentarily absent. Council Member Ferris Council Member Ferris explained that the previous ordinance allowed the Council to throw out the Bar Association recommendations and that is what the Council followed through the last Judge hiring process. The Ordinance under consideration cleans up the language and makes judge selection more impartial. Council Member Cole Council Member Cole spoke in favor of the proposed ordinance and said this allows the Council to see who is the best available candidate. It allows looking without disparaging looking. Mayor Knight momentarily absent with Vice Mayor Cole in the Chair. Motion -- Ferris moved that the Ordinance be placed read for the second time and placed -- carried upon its passage and adopted. Motion carried 6 to 0. (Knight absent) ORDINANCE NO. 43-636 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. Ferris moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Knight absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers. d. Special Assessments - Sidewalk Construction. ORDINANCE NO. 43-637 An Ordinance making special assessments to pay for the improvement of and providing tax levies for the cost of construction of sidewalks in the City of Wichita, Kansas, read for the second time. Cole moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Knight absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers. e. Annexation A 97-31 (Northwest corner of 21st and Maize Road). (District V) ORDINANCE NO. 43-638 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. Cole moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Knight absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers. A-97-31 f. Annexation A 97-1 (East Douglas, East of Greenwich Road, South of Central, and West of 127th East and K-96). (District II) ORDINANCE NO. 43-639 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. Cole moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Knight absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers. A-97-1 g. Charter Ordinance - Appointment of Municipal Court Judges. CHARTER ORDINANCE NO. 171 A Charter Ordinance of the City of Wichita amending Section 1 of the Charter Ordinance No. 142 pertaining to the appointment of Municipal Court Judges; and repealing the original of said Section, read for the second time. Cole moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Knight absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers. PLANNING AGENDA Marvin Krout Director of Planning stated that all Items except 45 and 50 could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Rogers moved that all Planning Agenda Items except 45 and 50 be approved as -- carried consensus Items. Motion carried 6 to 0. (Knight absent) V-2040 V-2040 - REQUEST TO VACATE PARTIAL BUILDING SETBACK LOCATED SOUTHWEST OF 127TH STREET EAST AND 13TH STREET NORTH IN SEDGWICK COUNTY. (Outside of City) Agenda Report No. 97-1009. MAPC Recommendation: Approve vacation of building setback. Staff Recommendation: Approve vacation of building setback. The applicant is developing the White Tail Subdivision in Sedgwick County, which includes this area devoted to patio homes. The plat established building setbacks along the front at 25 feet. The home design and topography on the lot necessitates the reduction of the platted building setback as requested in order to fit the home onto the lot. There are topography limitations to the rear of the property that are the primary reason for the project. The property is located outside the City, but within three miles thereof. As such, no petition, publication of notification, or public hearing is required before the City Council. Motion -- carried Rogers moved that the vacation request be approved. Motion carried 6 to 0. (Knight absent) V-2042 V-2042 - PUBLIC HEARING: REQUEST TO VACATE PARTIAL UTILITY EASEMENT AND BUILDING (Item No. 45) SETBACK LOCATED AT THE SOUTHWEST CORNER OF KELLOGG AND MAIN. (District VI) Agenda Report No. 97-1010. MAPC Recommendation: Approve vacation of partial utility easement, drainage easement, and building setback. Staff Recommendation: Approve vacation of partial utility easement, drainage easement, and building setback. The applicants are developing the Cambridge Inn of Candlewood Hotel on the site of the former Big Boy Restaurant. It has been requested that 10 feet on the east side of the north/south utility easement running through the middle of the block be vacated and a substitute easement of 10 feet on the west side be provided. It was also requested that a drainage easement in the northeast portion of the property be vacated as well as vacating part of the 35 foot building setback parallel to Main Street to 10 feet. Utility Easements Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published and no written protest had been filed. Vice Mayor Cole Vice Mayor Cole inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that the public hearing be closed, the vacation and easements be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order and the easements be recorded with the Register of -- carried Deeds. Motion carried 6 to 0. (Knight absent) S/D 97-11 S/D 97-11 - PLAT OF J.M. OFFICE PARK LOCATED SOUTH OF 21ST STREET NORTH AND WEST OF HILLSIDE. (District I) Agenda Report No. 97-1011. Staff Recommendation: Approve the plat. MAPC Recommendation: Approve the plat. (12-0) This site is located within a developed area of the City and sanitary sewer and water facilities are available. The site was approved for a zone change from Two-Family and Multi-Family Residential to Limited Commercial. A restrictive covenant limiting the uses of this site and permitted signage has been provided by the applicant as offered during the zone change hearing. A sidewalk certificate has also been submitted for installation of a sidewalk along Carmen Drive. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. Sidewalk Certificate and Restrictive Covenant from JM Limited, by Abner V.J. Jackson, President. Motion -- Rogers 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; and the associated zone change Z-3182 Ordinance be placed on first reading with publication of the Ordinance being withheld until such time as -- carried the plat has been recorded with the Register of Deeds. Motion carried 6 to 0. (Knight 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-3182 S/D 97-54 S/D 97-54 - PLAT OF COUNTRY CLUB COURT ADDITION LOCATED NORTH OF CENTRAL AND WEST OF 127TH STREET EAST. (District II) Agenda Report No. 97-1012. Staff Recommendation: Approve the plat. MAPC Recommendation: Approve the plat.(11-0) This site is located in the County within three miles of the Wichita City limits. A zone change (SCZ-0738) has been approved for this site for SF-6, Single-Family zoning. Water service will be provided by Wichita and a petition, 100%, has been submitted for municipal water improvements. An Outside- the-City Water Agreement has also been provided. The site will use the County's Four Mile Creek sanitary sewer system and a petitions for both sanitary sewer and paving improvements will be handled by the County. In order to provide for the ownership and maintenance of the Reserves, the applicant has submitted a restrictive covenant. To provide for off-street parking along Killarney Court, a covenant has been submitted requiring that four (4) off-street spaces be provided for each lot. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. 100 Percent Petition for construction of Water Distribution System Number 448-89221 (west of 127th Street East, south of 13th) $122,200 S.A. (Hold for development) Certificates, Restrictive Covenant, Water Service Agreement from Clifton Development, L.L.C. by Kevin F. Daves, Managing Partner. Motion -- Rogers 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 6 to 0. (Knight absent) RESOLUTION NO. R-97-412 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89221 (west of 127th Street East, south of 13th) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Rogers moved that the Resolution be adopted. Motion carried 6 to 0. (Knight absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers. S/D 97-61 S/D 97-61 - PLAT OF REDBURN SECOND ADDITION LOCATED NORTH OF 29TH STREET NORTH AND EAST OF OHIO. (District VI) Agenda Report No. 97-1013. Staff Recommendation: Approve the plat. MAPC Recommendation: Approve the plat. (12-0) This site is a one-lot replat zoned General Industrial. Sanitary sewer and water facilities are available. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. Motion -- Rogers moved that the plat be approved as recommended and the Mayor be -- carried authorized to sign. Motion carried 6 to 0. (Knight absent) Z-3253 Z-3253 - ZONE CHANGE REQUEST FROM "SF-6" SINGLE-FAMILY RESIDENTIAL TO "NO" NEIGHBORHOOD OFFICE LOCATED WEST OF 119TH STREET WEST, NORTH OF CENTRAL. (District V) Agenda Report No. 97-1014. MAPC Recommendation: Approve, subject to platting within 1 year (12-0). CPO Recommendation: Approve, subject to staff recommendations (4-0). Staff Recommendation: Approve, subject to platting within 1 year. The applicant requests a zone change from "SF-6" Single- Family Residential to "NO" Neighborhood Office on a 1 acre unplatted tract, located west of 119th Street West, north of Central. The subject property is in a developing residential area, with the majority of the property zoned "SF- 6" Single-Family Residential to the west, north, and east. There are several homes to the west and a church adjacent to the subject property to the east. Properties across Central to the south are undeveloped and currently zoned for commercial uses ("LC") at the intersection with a platted single-family subdivision ("SF-6") to the west. The application area was excluded from both the church property to the east and north, and the Buckhead 2nd Addition, located north and west of the application area on property zoned "SF-6". The "NO" district was added to the Unified Zoning Code to "accommodate very low intensity office development and other complimentary land uses that are generally appropriate near residential neighborhoods." The "NO" district allows such uses as day care centers, churches, medical service, and offices which could serve the surrounding residential developments, while the "GO" district permits multi-family residential, assisted living, schools, and hotels/motels, as well as animal care, self-storage warehouse, and rock crushing as conditional uses, which are out of character with the surrounding developments. The "NO" district has the same sign restrictions as the "GO" district (32 square feet on a single tenant lot with no artificial illumination), but limits the size of an individual use to 8,000 square feet of gross floor area. After limited discussion of this matter, the MAPC voted (12-0) to approve the request subject to platting the property within one year, as recommended by staff. Motion -- Rogers 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 Planning Department be instructed to forward the Ordinance for first reading when the plat is forwarded to the City Council. Motion carried -- carried 6 to 0. (Knight absent) Z-3254 Z-3254 - ZONE CHANGE REQUEST FROM "TF-3" TWO-FAMILY RESIDENTIAL TO "LC" LIMITED (Item No. 50) COMMERCIAL LOCATED EAST OF CHARLES, SOUTH OF SECOND STREET. (District VI) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 97-1015. MAPC Recommendation: Approve, "NR" Neighborhood Retail District subject to the additional provisions of a Protective Overlay (8- 4). CPO Recommendation: Deny "LC" Limited Commercial and approve "NR" Neighborhood Retail district (5-1). Staff Recommendation: Deny. The applicant requests a zone change from "TF-3" Two- Family Residential to "LC" Limited Commercial on 0.16 acre platted tract, located east of Charles and south of Second Street. The site currently is developed with a single-family residence. The zoning code classifies the applicant's proposed business as a "personal care service", and first permits these uses in the GO General Office district with an associated conditional use, or permitted outright in the "NR" Neighborhood Retail district. The requested LC district is intended to accommodate retail, commercial, office, and other complementary land uses within areas designated as Commercial by the Comprehensive Plan s Land Use Guide. The surrounding land uses are mixed. There are industrial and service businesses to the north of Second Street on property zoned "LI". To the east, west and south of the application area are properties zoned "TF-3" and developed with residential uses. Across the Missouri Pacific Railroad to the east is other non-residential uses, on property zoned "LI". During the October 16, 1997 MAPC meeting, the applicant discussed his request for a zone change to allow the existing home to be used as a single-chair barber shop. He stated that he contacted surrounding property owners to discuss his proposal and received no opposition. The Planning Commission discussed their options for limiting the use of the property for other retail uses. After discussion of this matter, the MAPC failed to support a motion (5-7) to deny the request, and then voted (8-4) to approve a zone change to the NR Neighborhood Retail District, subject to the additional restrictions of a protective overlay limiting the commercial use of the subject property to a single-chair barber shop. Mayor Knight present and in the Chair. Motion -- Cole 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, and the recommendation of the Staff; that the request be denied based on staff -- carried findings. Motion carried 6 to 1. Ferris - No. (Mayor Knight absent) A 97-32 A 97-32 - REQUEST TO ANNEX PROPERTY GENERALLY LOCATED SOUTH OF 29TH STREET ON TYLER ROAD AT 2759 NORTH TYLER - NORMA MOORE, DDS, EXECUTIVE PARK WEST. (District I) Agenda Report No. 97-1016. Larry A. Chambers, President of Socora Village Company and President of Newmarket Square, L.L.C. has requested that property located north of 21st Street and west of Maize Road be annexed into the City of Wichita. The property to be annexed is bordered on the south and east by the current City boundary. This is currently an unplatted tract of land consisting of approximately 194 acres. The site is mostly undeveloped, with the exception of two single family residences and two commercial uses in the southernmost portion of this site. The applicant is planning on developing the site with commercial, office and multi-family uses. The surrounding property is mainly commercial and agricultural in character. This site is zoned "SF-20" Single Family Residential today, under the Wichita-Sedgwick County Unified Zoning Code, and will convert to the City's "SF-6" Single Family Residential district upon annexation. Adjoining County land to the north is zoned "SF-20" and used for agricultural purposes. Adjoining City land to the south is zoned "SF-6" Single Family Residential and "LC" Limited Commercial. This land is commercially developed to 1/4 mile west of Maize Road with single family residences west of that point. Adjoining County land to the west is zoned "SF-20" and is partially developed with single family residences and partially used for agriculture. Adjoining City land to the west, directly fronting on 21st Street is zoned "LC" and is commercially developed. Adjoining City land to the east is currently zoned "LC"and "SF-6." This land is commercially developed up to approximately 1/4 mile north of 21st Street and with single family residences north of that point. The City Engineer's office indicates that City water and sewer service are available to serve this site from existing lines at 21st Street and Maize Road. A 10" sewer line is already installed and serves the southern portion of this site. This line will need to be extended to serve the entire site. The applicant will be solely responsible for all costs involved in connecting to these existing water and sewer lines. The property has access to 21st Street and Maize Road. 21st Street is a 2-lane section line arterial west of Maize Road and a 7-lane, including turn lanes, section line arterial east of Maize Road. The current average daily trips (ADT) figure for 21st Street is 10,496. The 2020 Transportation Plan projects this number to increase to 17,265 ADT by the year 2020. The property also has access to Maize Road, which is a paved 2-lane section line road north of 21st Street and is a paved 4-lane section line arterial south of 21st Street. Construction is currently underway to add additional turn lanes to the southeast and southwest corners of this intersection. The current ADT for Maize Road is 6,326, with that figure projected to increase to 9,995 by the year 2020. The City of Wichita CIP also indicates that 21st Street is to be widened to a 4-lane arterial west of Maize Road, with construction to be completed by 2005. The City Engineer's office also indicates that Maize Road will most likely be widened to 4 lanes north of 21st Street within the next two years. The Wichita Fire Department, operating out of Station Number 16, located at 16th Street North and Tyler, can serve this site with an approximate 3 1/2 minute response time. Upon annexation, police protection will be provided to the area by the Patrol West Bureau of the Wichita Police Department which is headquartered at 661 North Elder (Elder and West Central). This area is located approximately 1/2 mile from Bella Vista Park and approximately 1/2 mile from Sunset Park. Bella Vista Park is undeveloped but is being "surplused" as unneeded land by the City. Sunset Park is a 19.37 acre neighborhood park which is developed with a softball diamond, tennis courts, children's play area, and soccer field. The area proposed for annexation is located within 1/2 mile of an area identified as a potential future park site by the Park and Open Space Master Plan. The property is located in Unified School District 266 (Maize Public School District). Annexation will not change the school district. 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. In the future, the site will bring in additional revenue to the City as a result of the commercial, office and multi-family development of this site. On the basis of the foregoing information, the annexation of this property does not appear to result in future extraordinary expenses to the City- at-large. The property is eligible for annexation under K.S.A. 12- 520 (7) of State Law. Motion -- Rogers moved that the annexation request be approved and the annexation -- carried Ordinance be placed on first reading. Motion carried 6 to 0. (Knight 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-97-32 ADJOURNMENT The City Council meeting adjourned at 3:20 p.m. Pat Burnett City Clerk CONFLICT MONITORS CONFLICT MONITORS. aGENDA rEPORT nO. 97-998. Traffic Maintenance has responsibility for maintaining traffic signals at 340 intersections. The traffic signal controller unit at each signalized intersection contains a conflict monitor. A conflict monitor is the most critical component within the traffic signal controller. The monitor provides many of the safeguards for the controller, including the following functions: 1) Monitors conflict for green, amber and Walk lights. 2) Monitors red light for `dark' situations. 3) Monitors for short timing on amber light. 4) Monitors red flash mode when controller is not operating properly. 5) Monitors the thresholds for power supply voltages. Traffic Maintenance has purchased 332 of these conflict monitors from Intersection Development Corporation (IDC) since 1988, as follows: YEAR AMOUNT 1988 12 1989 8 1990 134 1991 48 1992 47 1993 32 1994 17 1995 11 1996 23 TOTAL: 332 Recently, operational problems were experienced with some of the older monitor units and these monitors were sent to IDC for repair. IDC returned the monitors to the traffic signal shop without any repairs and with notification that their company will not service any monitor which is over 10 years old. IDC considers a monitor to be unreliable and not repairable when it reaches 10 years of age. A program needs to be scheduled to replace the IDC monitors at an estimated cost of $340 per unit. With a conflict monitor performing some critical functions for the traffic signal controller, the old IDC monitors pose some liability concerns. Projections indicate that savings in electricity fees and wages will be adequate in 1997 to begin this program by purchasing 154 controllers in 1997. Transferring $52,360 to Traffic Maintenance Capital Outlay would provide for this purchase. This will provide replacement conflict monitors for units that are eight years old and over. Two other companies, Eberle Design, Inc. and Traffic Control Systems, have indicated that they will repair their monitors if replacement parts are available and testing shows the unit is repairable. Specifications are being clarified to purchase replacement conflict monitors from a company that will provide these non time-specific services. Financial projections indicate that adequate funding exists in electricity and salary savings to provide for this purchase. A malfunctioning traffic signal controller could pose liability issues for the City if an accident were to result from the malfunction. Motion -- carried Cole moved that the Budget adjustment be approved. Motion carried 6 to 0. (Knight absent) COUNCIL PROCEEDINGS JOURNAL 164 NOVEMBER 18, 1997 Page 1 COUNCIL PROCEEDINGS JOURNAL 164 NOVEMBER 18, 1997 Page 463A