MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, October 29, 1996 Tuesday, 9:07 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cole, Ferris, Gale, Kamen, Rogers; present. Council Member Cather absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Council Member Gale. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. Minutes -- The minutes of the regular meeting of October 22, 1996, were -- approved approved 6 to 0. (Cather absent) AWARDS AND PRESENTATIONS PROCLAMATIONS Mayor Knight presented the Proclamations previously approved. PUBLIC AGENDA COMMENTS BY MARGARET MILLER. Margaret Miller was not present. COMMENTS BY JOHN SAVUTE. John Savute John Savute, Savute's Italian Ristorante, 3303 North Broadway, requested a grant in the amount of $900 (50% of the cost) of a 54' x 14' Mural titled "Wichita's Historical Aircraft" which would be painted on the side of the Savute's Italian Ristorante building at 3303 North Broadway. Painting on the mural, by artist Mark Novak has started. Mr. Savute asked that the City Council fund the mural in the same manner as the mural in Old Town was funded. Council Member Kamen Council Member Kamen stated that he had voted for against the mural in Old Town and would also vote against this request as he felt murals on private buildings should be paid for by private funds. Council Member Cole Council Member Cole said the City did pay $5,000 on the Old Town mural. The lessor, River City, paid $8,000 of the cost. The justification for Council Member Cole's vote in favor was that the mural overlooked a public parking lot which is different from the privately owned Savute's parking lot. John Savute John Savute stated that Savute's parking lot is privately owned but it faces Broadway which carries a lot of traffic. It would be difficult to find a public parking lot in the north Broadway area. Council Member Cole Council Member Cole explained that the fact the mural in Old Town overlooked a public parking lot was a significant factor. There are no parking spaces assigned in the parking lot adjacent to the River City Brewery. Mayor Knight Mayor Knight asked that this matter be referred to the Public Art Advisory for review and recommendations. COMMENTS BY MARK NOVAK. Mark Novak was not present. NEW BUSINESS PETITIONS PAVE KNIGHT, FIRST TO SECOND STREETS. (District IV) Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 96-902. The signatures on the petition represent 71% (15 of 21 owners) of the improvement district area. CPO Council 4 considered the petition on September 12, 1996. The Council voted 5-1 to recommend disapproval of the request. At the time of the CPO meeting, it was thought that the signatures on the petition did not represent a majority of the improvement district area. Since that time, two additional signatures have been certified, bringing the total up to 64%. Knight Street is a sand road that is difficult to maintain and drains poorly. It serves an older, single- family neighborhood. The estimated project cost is $84,000, with the total assessed to the improvement district. The estimated rate of assessment to individual properties is $.51 per square foot of ownership. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Imre F. Hidvegi Imre F. Hidvegi spoke in opposition to the project. Mr. Hidvegi said this would place a hardship on some and that he did not understand the way the percentage was figured. Mike Lindebak City Engineer explained that the area of ownership was actually 64 percent. The City Engineer also said as many trees would be saved as possible. Curb and gutter are needed in the area. Michael Miller Michael Miller spoke in opposition to the project. Mr. Miller said the assessment to his corner lot would cost twice the amount of other lots with more actual frontage. Motion -- Gale moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 6 to 0. (Cather absent) RESOLUTION NO. R-96-392 Resolution of findings of advisability and Resolution authorizing improving of Knight (472-82772) (from First to Second Streets) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Gale moved that the Resolution be adopted. Motion carried 6 to 0. (Cather absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. PAVE TRACY, FIRST TO SECOND STREETS. (District IV) Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 96-903. The signatures on the petition represent 11 of 15 (49% by area) owners in the improvement district. CPO Council 4 considered the petition on September 12, 1996. A motion to support the project failed by a vote of 2-4. The Council failed to support the petition because the signatures don't represent a majority of the improvement district area. Tracy Street is a sand road that is difficult to maintain and drains poorly. It serves an older, single-family neighborhood. The estimated project cost is $107,000, with $100,000 assessed to the improvement district and $7,000 paid by the City. The City's share is for the cost of intersection paving. The funding source is General Obligation Bonds. The estimated rate of assessment to individual properties is $.48 per square foot of ownership. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Margaret Havens Margaret Havens, 239 North Tracy, said the street gets rutted when it is rainy but her major concern is that the rumble of vehicles on the streets is cracking the foundation of her house. Ms. Havens pointed out that eleven of fifteen resident homeowners signed the petition. A majority of those who did not sign the petition were not resident homeowners. Ms. Havens asked that the project be approved. Thomas DeSmit Thomas DeSmit, 247 North Tracy, said he is unable to open his home during nice weather because of the road dust; muddy streets are also a problem; and damage is done to home foundations due to vibrations. Paving the street would reduce the costs for grading and storm sewer cleaning. Safety is also a consideration because cars slide on the sand at the stop sign. Drivers have also lost control of their vehicles on the sand. Paving the streets would increase the property values and pride of ownership. Edna Hayes Edna Hayes spoke against the project because of the burden of special assessments. Ms. Hayes suggested the City at-large pay part of the cost of paving because Tracy is a direct route to Town West. Ms. Hayes also said paving will not help the drainage. Charles Chesnut Charles Chesnut, 154 North Tracy, spoke against the project. Mr. Chesnut said he selected his house because there were no specials and he does not want to pay for this project. Toni Wilson Toni Wilson, 251 north Tracy, spoke in favor of the project which would cut down on some of the dust. Motion -- Gale moved that the Petition be approved and the Resolution be adopted. Council Member Kamen Council Member Kamen said he could not be in favor of a project without a majority petition. Council Member Gale Council Member Gale pointed out that there was a petition signed by a majority of the landowners in the area. -- carried Motion carried 5 to 1. (Cather absent) Kamen - No. RESOLUTION NO. R-96-393 Resolution of findings of advisability and Resolution authorizing improving of Tracy (472-82774) (from First to Second Streets) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Gale moved that the Resolution be adopted. Motion carried 5 to 1. (Cather absent) Yeas: Cole, Ferris, Gale, Rogers, Knight. Nays: Kamen. PAVE BAEHR FROM DOUGLAS TO FIRST STREET. (District IV) Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 96-904. The signatures on the petition represent 70% (23 of 29 owners) of the improvement district area. CPO Council 4 considered the petition on September 12, 1996. The Council voted 6-0 to recommend approval of the request. Baehr Street is a sand road that is difficult to maintain and drains poorly. It serves an older, single-family neighborhood. The estimated project cost is $109,000 with $97,000 assessed to the improvement district and $12,000 paid by the City. The City's share is for the cost of intersection paving. The funding source is General Obligation Bonds. The estimated rate of assessment to individual properties is $.52 per square foot of ownership. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Andy Kuykendall Andy Kuykendall asked that the projects be combined for a cheaper rate, and that he would like to see the street drained toward the north. Council Member Rogers left the Bench. Mike Lindebak City Engineer explained that the projects could either be put together as tied bids or bid together on the same day so the contractors can look at them with economies in mind. Motion -- Gale moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 5 to 0. (Cather, Rogers; absent) RESOLUTION NO. R-96-394 Resolution of findings of advisability and Resolution authorizing improving of Baehr Avenue (472-82771) (Douglas to First Street) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Gale moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Rogers; absent) Yeas: Cole, Ferris, Gale, Kamen, Knight. Council Member Gale left the Bench. MCCORMICK-ARMSTRONG IRB REQUEST FOR LETTER OF INTENT FOR INDUSTRIAL REVENUE BONDS AND TAX ABATEMENT - MCCORMICK-ARMSTRONG CO., INC. (District I) Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-905. McCormick-Armstrong Co., Inc., (McCormick), is requesting the issuance of a Letter of Intent for Industrial Revenue Bonds (IRBs) in an amount not to exceed $11 million for a period of five years. In addition, they are requesting a five year plus five year 100% tax abatement of personal property taxes for property financed with the proceeds of the IRBs. Bond sale proceeds will be used to finance the purchase of new machinery and equipment for its plant located at 1501 E. Douglas in near-east Wichita. McCormick is one of the larger commercial print product manufacturers in the state of Kansas and is a state-of- the-art commercial printer, specializing in advertising products, catalogs, short run publications, calendars and local view cards and is privately owned by E. W. Armstrong and family. McCormick also owns Williams Printing Co. in Colorado Springs, Colorado and maintains additional satellite sales offices in Kansas City, Denver and Oklahoma City. Seventy-six percent (76%) of McCormick's sales are outside the state of Kansas. The Company currently employs 90 people at its Wichita plant with a 1995 annual payroll of $2,915,127. With the proposed expansion project, the Company anticipates adding 50 additional employees within five years and add over $1.4 million to its annual gross payroll. McCormick has planned its $11.0 expansion in three phases. The first phase, which will start immediately and be completed in 1997, includes the purchase of a new 6-color press and other equipment at a cost of $3.25 million. The second phase, scheduled for 1998, includes the purchase of a new Full Web press and binding equipment at a cost of $5.05 million. The third phase, to occur in 1999-2000, includes the purchase of a 28" 6-color sheetfed offset press and other equipment at a cost of $2.6 million. In its application, the Company stresses that the new facilities and equipment are for use exclusively in production work for the national market and not for the local printing "job shop" portion of their business. According to the Company, much of the equipment is not currently available in Wichita, and as such can be expected to bring millions of dollars of press work into Wichita that is not presently here. The Company lists only three other local national-scope commercial printers that directly compete with McCormick in the national market of which two, Rand Publishing and Printing, Inc., have received industrial revenue bonds and 100% tax abatements for expansion projects. McCormick plans to request the issuance of IRBs in installments as the property is acquired. At the present time, the Company has not made a decision on how to market the bonds. The Company has selected the law firm Hinkle, Eberhart & Elkouri to serve as bond counsel. The accounting firm of Allen, Gibbs & Houlik assisted in the preparation of the application for a Letter of Intent. McCormick currently has an approved Equal Employment Opportunity/ Affirmative Action Plan on file with the City and agrees to provide a Water Conservation Plan for approval prior to the issuance of any bonds. McCormick agrees to pay all costs of issuing the bonds, and agrees to pay the City's annual administrative fee for the term of the bonds. McCormick is requesting a tax abatement on the improvements financed with the proceeds of the bonds and under the City's Business Incentives Policy, qualifies for a 100% tax abatement. McCormick paid 1995 taxes in the amount of $35,816 for real property and $94,608 for personal property. The total amount of the first-year requested tax abatement for the project's personal property is estimated to be $267,890, of which, $73,429 is the City portion, $69,276 the County/State portion, and $125,185 the U.S.D. 259 portion, based on the 1995 mill levy of 114.712 mills. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Council Member Cole and Mayor Knight both stated that Council Member Rogers had indicated a desire to see the Letter of Intent approved. Motion -- Kamen moved that the issuance of a Letter of Intent to McCormick- Armstrong Co., Inc. in an amount not to exceed $11 million for a five-year period, and a 5-year tax abatement, subject to review at the end of 5 years for an extension for a second 5 years be approved subject to the following conditions: 1. Negotiation of a Lease Agreement and Bond Ordinance. 2. Arrangement for the sale/placement of the bonds. 3. Guarantees for the payment of the bonds. 4. Agreement for administrative fees of $2,500 for the term of the bonds. 5. Agreement to pay all costs incurred by the City for processing the bonds/application. 6. Have an approved Equal Employment Opportunity/Affirmative Action Plan. 7. Have an approved Water Conservation Plan. 8. An agreement to provide the City at the time the proposed Lease Agreement is submitted, an Environmental Site Assessment (ESA) that documents the environmental conditions of the property, and an agreement that the ESA be conducted by an independent consultant who is a recognized expert in the area. Industrial revenue bonds will not be issued of the ESA discloses environmental conditions that might have implications for buyers under the liability provisions of SARA. 9. Agreement to provide the City, prior to submitting the proposed Lease Agreement, an Environmental Site Assessment (ESA) that documents the environmental conditions of the property, and an agreement that the ESA will be conducted by and independent consultant who is a recognized expert in the area. Industrial Revenue Bonds will not be issued if the ESA discloses environmental conditions that might have implications for bond purchasers under the liability provisions of the Superfund Amendments and Reauthorization Act (SARA). 10. Agreement that if the bonds are to be offered for sale to the public, the applicant will not, during the period of time the bonds are outstanding, have a commercial banking relationship with the trustee of the bonds to be issued unless the original purchaser of the bonds acknowledges in writing the existence of the relationship and waives any conflict that might exist as a result of the relationship. 11. Applicant is required to furnish copies of its annual audits to the City. 12. Cooperation with any annual compliance audit procedure the City may adopt to monitor compliance with conditions, including any annual reports required of the applicant and any inspections of the applicant's premises or interviews with the applicant's staff. 13. Commitment to achieve and maintain its proposed employment goals, and to meet its Equal Employment Opportunity/Affirmative Action goals, during the term of the tax abatement. If the applicant fails to demonstrate a good-faith effort to achieve these goals, the City may revoke the tax abatement by either imposing payments-in-lieu-of-taxes or by declining to make the annual exemption filing with the Board of Tax Appeals. All repayments of in-lieu taxes shall be redistributed to the other taxing authorities in accordance with the law. 14. Applicant is encouraged to utilize Minority- owned Business Enterprises (MBE) and Women-owned Business Enterprises (WBE) as contractors, subcontractors, engineers, architects, suppliers and vendors whenever possible. -- carried Motion carried 4 to 0. (Cather, Gale, Rogers; absent) Council Member Gale present. PBC BONDS - WSU CESSNA APPROVAL OF PUBLIC BUILDING COMMISSION (PBC) BONDS FOR WICHITA STATE UNIVERSITY STADIUM CESSNA STADIUM RENOVATION. Allen Bell Financial Projects Director reviewed the Item. Agenda Report No. 96-906. The Wichita Public building commission (PBC) received a request from Wichita State University for the use of PBC lease revenue bonds in the amount of $2.2 million as a source of financing for planned improvements to Cessna Stadium. During the 1996 legislative session, the Kansas Legislature approved an appropriation of $400,000 from the Economic Development Initiatives fund (EDIF) for use in t he Cessna Stadium project, provided the University matches the State grant with at least $900,000 in local (non-State) funding. In addition, the Kansas Board of Regents approved the use of $300,000 in State funds appropriated to the University for capital repairs and improvements, for use in the Cessna Stadium project. The bonds will be secured by an amended lease agreement between the University and the PBC covering all WSU facilities currently under PBC financing. The lease payment for the facilities is the 1.5 mill special tax levy for WSU. The City and County are required to take official action designating sufficient moneys from the Special Tax Levy to guaranty the payment of the bonds. The project will be completed in two phases. The first phase will address public safety, structural, and appearance requirements, as well as limited enhancements to the usage of Cessna Stadium. The first phase will cost an estimated $2.9 million to be funded as follows: PBC Bond proceeds $2,200,000 Board of Regents funds 300,000 State appropriation 400,000 Total $2,900,000 The second phase will complete the enhancements to the usage of the stadium at an estimated cost of $1 million, to be funded from private fund raising. Cessna Foundation has already committed a $200,000 challenge grant. The debt service payments for the PBC bonds will come from the county-wide 1.5 mill WSU special tax levy and will be paid directly to the bond trustee by the County Treasurer as the tax revenues are received. The adopted 1997 budgets for th City and County include $141,806 from the WSU special tax levy for interest on the Cessna Stadium bonds. Full payments of principal and interest will begin in 1998 in the estimated amount of $191,806. At that time, total debt service paid for outstanding PBC bonds will amount to 43 percent of the current estimate of total revenues generated by the special tax levy. It is expected that future growth in the county-wide tax base will offset the revenue used to pay debt service on the proposed bonds. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the use of PBC bond to finance improvements be approved; and the Ordinance authorizing use of WSU Special Levy for payment of Bonds be placed -- carried on first reading. Motion carried 5 to 0. (Cather, Rogers; absent) ORDINANCE An Ordinance of the Governing Body of the City of Wichita, Kansas, designating the use of a portion of the special ad valorem tax levy made under the authority of K.S.A. 76-3a07 and Charter Ordinance No. 8, as authorized and permitted by K.S.A. 12-1757, et seq., as amended and supplemented by Charter Ordinance Nos. 107, 149, and 162 of the City, introduced and under the rules laid over. (The Council proceeded with the remainder of the Agenda and returned to time certain Item No. 7. Action is shown in Agenda order.) (Council Members Cather, Kamen, Rogers; absent) GO AIRPORT BONDS/NOTES GENERAL OBLIGATION AIRPORT BONDS AND TEMPORARY NOTES SALE (SERIES A, 1996 BONDS AND SERIES A & B, 1996 TEMPORARY NOTES). Ray Trail Director of Finance reviewed the Item. Agenda Report No. 96-848 A. The City of Wichita offered for sale one series of General Obligation Airport Bonds and two series of General Obligation Airport Temporary Notes totaling $2,840,000, to provide financing for duly authorized capital improvement projects of the Wichita Airport Authority. Sealed bids to be received by the city at the office of the Mayor until 10:30 a.m. on October 29, 1996, when all proposals will be publicly opened and considered. The Series A & B, 1996 Temporary Notes will mature on November 20, 1997, and will be retired with the proceeds of permanent financing bonds and the proceeds of renewal notes issued at that time. The Series A, 1996 Bonds will mature serially on September 1 of every year from 1997 to 2011, inclusive, and will be retired with ongoing Airport revenues. The Bids were opened and tabulated. The bids were in conformance with the Notice of Bond Sale, and recommended acceptance of the low bids as follows: General Obligation Airport Bonds, Series 1996A - $1,290,000 Stern Brothers Rate of Interest Bid 5.014247% Total of Interest Cost to Maturity at Rates Specified $501,675.00 Less Premium - 0 - Net Interest Cost to the City $501,675.00 General Obligation Airport Improvement Temporary Notes, Series A, 1996 United Missouri Bank, Kansas City Rate of Interest Bid 4.090975% Total of Interest Cost to Maturity at Rates Specified $9,199.38 Less Premium 20.25 Net Interest Cost to the City $9,179.13 General Obligation Airport Renewal & Improvement Temporary Notes - AMT Series B, 1996 Oppenheimer Rate of Interest Bid 4.25% Total of Interest Cost to Maturity at Rates Specified $56,156.08 Less Premium 3,600.00 Net Interest Cost to the City $52,556.08 Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the award of the Bonds and Temporary Notes be awarded as outlined above; and the Ordinance be placed on its passage and adopted on the date of its introduction, all in accordance with K.S.A. 12-3001. Motion carried -- carried 4 to 0. (Cather, Kamen, Rogers; absent) Yeas: Cole, Ferris, Gale, Knight. ORDINANCE NO. 43-315 An Ordinance authorizing and providing for the issuance of City of wichita, Kansas, General Obligation Airport Bonds, Series 1996A (tax-exempt), in the principal amount of $1,290,000 for the purpose of providing the necessary funds for permanent financing of costs in connection with the making of certain airport improvements to the Wichita Mid-Continent Airport and the Colonel James Jabara Airport facilities operated by the Wichita Airport Authority of the City; prescribing the terms and details of the bonds; providing for the payment of the principal of and interest on the bonds as it becomes due and payable; and making certain other covenants and agreements with respect to the bonds. Knight moved that the Ordinance be placed on its passage and adopted on the date of its introduction, all in accordance with K.S.A. 12-3001. Motion carried 4 to 0. (Cather, Kamen, Rogers; absent) Yeas: Cole, Ferris, Gale, Knight. ORDINANCE NO. 43-316 An Ordinance authorizing and providing for the issuance of City of Wichita, Kansas, General Obligation Airport Improvement Temporary Notes, Series A, 1996 (Tax-Exempt) and General Obligation Renewal and Improvement Temporary Notes, Series B, 1996 (Subject to AMT), in the aggregate principal amount of $1,550,000, for the purpose of providing the necessary funds to renew portions of the principal amount of temporary notes previously issued for interim construction financing of costs in connection with certain airport improvements, and for the interim construction financing of new costs in connection with certain airport improvements, to the Wichita Mid-Continent Airport and the Colonel James Jabara Airport facilities operated by the Wichita Airport Authority of the City; prescribing the terms and details of the notes; providing for the payment of the principal of and the interest on the notes when it becomes due and payable; and making certain other covenants and agreements with respect thereto. Knight moved that the Ordinance be placed on its passage and adopted on the date of its introduction, all in accordance with K.S.A. 12-3001. Motion carried 4 to 0. (Cather, Kamen, Rogers; absent) Yeas: Cole, Ferris, Gale, Knight. (Council Members Cather, Rogers; absent) SPECIAL ASSESSMENTS ORDINANCE PERTAINING TO DEFERRAL OF SPECIAL ASSESSMENTS - CORE AREA COMMERCIAL DEFERRAL ORDINANCE PROPERTY. Chris Cherches City manager reviewed the Item. Agenda Report No. 96-907. Earlier this year, the City Council received protests over some of the special assessments levied against property in the Old Town area for street paving. Mr. Dennis Wilkie was one property owner who protested his assessments based on his feeling that the paving of the street would have no benefit to his warehouse property. The City Council discussed the options of dealing with such properties where benefits might differ because of the business use, such as warehousing versus retail or entertainment, etc. The two primary concerns expressed by property owners were: (1) infrastructure improvements (within Old Town) creating financial difficulties and inequities for properties whose use remains in warehousing; no apparent benefit would accrue to the property unless its use changed; and (2) the value of the property would decline if current uses were prohibited and buildings became vacant. The property owners also felt that some of the buildings would require more extensive/expensive renovation to convert without the corresponding benefit from the street improvements. The Council directed Staff to examine options for handling such economic hardships and to explore a possible deferment of special assessments for infrastructure improvements until such time as the property changes ownership of the use or the property converts (from its current use to a different use). In April, 1996, Staff presented various options for City Council consideration The Council approved the concept of a deferred payment for street assessments for non-residential properties located within the Core Area. Such deferrals would be: (1) based on proved economic hardships; (2) limited to not more than five years, and; (3) subject to annual hardship renewals based on documentation verifying property eligibility (i.e., no change of use, sale, etc.) The City attorney's Office has completed it legal research and has prepared an Ordinance for consideration. The Ordinance will establish a policy to guide future special assessment financing within the defined core area. Features of the Ordinance/Policy include: 1. The Policy provides that property owners assessed for public improvements to non-residential property may be eligible for deferral of such assessments under established criteria where there is an established and verifiable economic hardship. 2. Criteria will include, but not be limited to: ownership of the property; location of property within the established boundaries; use of the property not changing from date of improvement project; and evidence that the property does not benefit from the public improvement. Under this policy and compliance with the established criteria, the City Council would grant a hardship deferral for assessments (currently due), but not to exceed five years from the date of application. The applicant would be required to submit documentation verifying the property's eligibility for deferral. Renewal of deferrals would be done on an annual basis. Staff has identified seven (7) properties which appear to qualify under this deferment policy. The total amount that may be deferred for the identified properties is approximately $447,021. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the Ordinance be placed on first reading. Motion carried -- carried 5 to 0. (Cather, Rogers; absent) ORDINANCE An Ordinance establishing a program for the deferral, on the basis of economic hardship, of certain special assessments for non-residential properties located in an area bounded by Kellogg on the south; Central on the north; the Arkansas River on the west; and Washington Street on the east, all pursuant to the authority vested in the City under Article 12, Section 5, of the Constitution of the State of Kansas, introduced and under the rules laid over. BROOKS LANDFILL RFP REQUEST FOR PROPOSALS (RFP) FOR OPERATION OF BROOKS LANDFILL. Steve Lackey Director of Public Works reviewed the Item. Mayor Knight momentarily absent with Council Member Ferris in the Chair. Agenda Report No. 96-908. On May 14, 1996, the City Council approved a one-year extension of the Brooks Landfill Operating Contract with Herzog Environmental (from July 1, 1996 through June 30, 1997). This extension allowed for the continuous operation of Brooks Landfill, pending Kansas Department of Health and Environment (KDHE) approval of a permit to vertically expand the Landfill. KDHE granted approval of the vertical expansion on August 30, 1996, extending the permit until October 9, 2001. The one-year contract with Herzog Environmental can be extended beyond June 30, 1997, or terminated by either party by serving a nine-month notice. The extension was negotiated due to the uncertainties related to the permit approval. Now that Brooks is permitted to continue operations for an additional five years, a new long-term contract may be developed for the remainder of the permitted life. A new contract may be negotiated with Herzog, or a Request for Proposals (RFP) may be issued to interested bidders. A new, long-term contract through October 9, 2001 will allow the City to get a competitive price. An additional benefit of a new contract at this time is to include the closure costs for Brooks as an "Add-Alternate" item in the proposal. This will provide the City a competitive price for these costs, and assist in financial planning for the closure needs at Brooks. At the City Council's discretion, an extension of the present contract with Herzog can be negotiated. The contract states, "Upon mutual agreement of both parties, the Contract may be extended after June 30, 1996." An extension was negotiated on May 14, 1996. This extension states, "The existing (Brooks) permit is scheduled to expire on October 9, 1996, and, in the event that said permit is extended beyond June 30, 1997, this Agreement shall continue through the extended date of expiration of said permit unless terminated sooner by written notice of either party, in which case this Agreement shall terminate no sooner than nine (9) months after the date of such written notice." The City and Herzog may renegotiate this extension now that the permit is assured through October 9, 2001. With the assured longer term, a more favorable price for the City is possible. A proposal for Landfill closure could also be negotiated as part of the negotiated contract extension with Herzog, or the closure can be bid separate from the negotiated contract. If the City Council elects to rebid the Brooks Landfill Operations Contract, Herzog Environmental must be given a nine-month advance written notice of termination of the current agreement. Serving notice now would terminate the contract August 1, 1997. Attached is a notification to Herzog that the contract will be terminated, effective August 1, 1997. After serving notice to Herzog, staff will commence the process of soliciting new proposals for operating contract. Rebidding the Landfill operations may result in higher or lower costs than the present contract. If the new bids are higher than the present contract, the tipping fees for Brooks may need to be adjusted to reflect any additional costs, or the City's share of the tipping fee may be faced with an offsetting reduction in order to keep the tipping fees at a competitive level. This will impact the revenues to the City for closure and post-closure expenses. Under the current contract extension, either the City of Wichita or Herzog Environmental may terminate the contract at any time by giving a nine-month notice. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Tom Docking Tom Docking, Morris Laing, representing Herzog, reminded the Council that Herzog and the City have had a long-standing mutually beneficial contract. Mr. Docking suggested, in light of unanswered issues such as grass clippings and C & D waste, that bidding on a contract for the operation of Brooks might be too complicated for knowledgeable bidders to put together a bid. Mr. Docking suggested the matter be deferred until these issues are resolved. Steve Lackey Director of Public Works, responding to a question, said the bid would be done in two units: 1) data to day operation based on an anticipated flow into the landfill; and 2) closure of Brooks. Either all of the operation and the closure would be bid or negotiate a contract and bid the closure. Motion -- Ferris moved that Herzog Environmental be provided with written notice of termination of the current contract; staff be authorized to solicit new proposals for the Brooks Landfill Operating Contract and proposals for the closure of -- carried Brooks. Motion carried 5 to 0. (Cather, Rogers; absent) POLICY NO. 2 PROPOSED AMENDMENT TO CITY COUNCIL POLICY #2 REGARDING PERIMETER STREET PAVING. Marvin krout Director of Public Works reviewed the Item. Agenda Report No. 96-909. City Council Policy #2 governs the "Financing of Public Improvements". The portion of this policy concerning streets was last reviewed and amended in 1992. Prior to 1992, the costs of constructing or reconstructing arterial streets were divided between the City-at-large and special assessments against property owners along those arterials who were thought to benefit from the improvement. Typical subdivisions at the fringe of the city, which were platted with controlled access along the arterials, were specifically exempted from assessments. In 1992, the policy was amended so that the City- at-large would pay all these costs, with no special assessments. In the meantime, a different policy had been evolving informally in the review of subdivisions at the fringe of the city. In the 1980s, a number of subdivisions had been approved with access to unimproved section line roads, with no requirements of the developer to make improvements to those roads. The homeowners who moved into these subdivisions registered their complaints about the unpaved roads loudly and regularly with staff and elected officials. The City experienced costs to maintain these unpaved roads, and eventually, adjustments were made in the CIP to get the roads paved. Those adjustments were at the expense of other scheduled CIP projects which had to be delayed. In response, staff began to recommend that subdividers along these unimproved perimeter roads include provisions for improving these roads, along with their other petitions for extending water and sewer lines and building the streets and other infrastructure internal to their projects. The MAPC endorsed this requirement in their plat approvals, and the City Council did as well. In fact, in one case involving a subdivision in the County's 4 Mile Creek area, the City Council conditioned the extension of City water line on the developer's agreement to petition to improve an unimproved road in the County. As a general rule of thumb, developers were expected to be responsible for the equivalent of one lane of perimeter pavement along the frontage of their subdivision. This informal policy began to be implemented before the 1992 amendment to Policy 2, and continued afterward. In 1994, representatives of the Homebuilders' Association began to question whether the subdivision policy wasn't in conflict with the amended Policy 2. Staff responded with their interpretation that Policy 2 did not apply to subdivision issues but only to projects scheduled in the CIP, and noted that the unimproved section line roads were not officially recognized as "arterial streets" in the Comprehensive Transportation Plan. The homebuilders also raised the concern that the subdivision policy was unclear (e.g. does the perimeter road need to built to full urban standards with curbs, gutters, and storm drains?), and created uncertainty in estimating costs on which to make development decisions. Staff agreed that clarifications were needed and began a series of discussions with the homebuilders. The homebuilders then suspended these discussions to wait for the results of a set of lawsuits filed in Johnson County on the authority for fees and assessments regarding perimeter roads. Those suits were ultimately decided in favor of the local governments. In 1995, the homebuilders renewed their attempt to change or clarify the subdivision policy. Another series of discussions has led to the proposed amendments to Policy 2 attached to this report, which has been endorsed by both staff and the homebuilders. The Subdivision Committee of the MAPC, and the MAPC as a whole, both voted unanimously to recommend that these amendments be adopted. One issue was raised at these meetings which had not previously been discussed by the staff and homebuilders. It was suggested that developers who finance perimeter road improvements not be required to put up a letter of credit for 35% of the improvement cost, as they are currently required to do for all improvements which are "internal" to their subdivisions, because the perimeter road improvement benefits the public at large. Whatever the merits of this suggestion, however, the letter of credit requirement is a matter of administrative policy (AR29) rather than City Council policy. The homebuilders' representative agreed at the MAPC meeting that this issue should not delay the proposed amendments to Council Policy 2. The main features of the proposed new policy are as follows: - Developers are responsible for providing paved access on a section line road, whether or not it is designated as an arterial, to the lots in their new subdivision. - Developers may choose to construct a temporary improvement, designed to a "7-year" standard, with their own finances. If they want to utilize the City's special assessment financing to construct the improvement, then the improvement must be designed to a more permanent "15-year" standard. - The City may combine either the developers' funds or the petition for special assessments with other funds that may become available in the CIP to build the road to a higher standard (e.g. curbs, gutters, and storm drains, landscaping, and/or additional lanes) and/or to enlarge the limits of the project. There are several cases where subdivisions were approved and recorded, and petitions were submitted and accepted by the city Council, under the existing informal policy, but development has not commenced. Developers in some or all these cases may wish to request approval to submit new petitions for substitute improvements if the proposed new policy is adopted. For the City and for residents in new subdivisions, the benefit of this proposed policy is that paved access of some kind is assured. Under the current informal policy, lots have been developed without perimeter road improvements, because petitions were held to combine in the future with other petitions from other developments in the area. This policy should make development costs more predictable for developers. However, every new development is somewhat unique, so developers are still encouraged to meet early in their planning process with staff to clarify how the new policy will work for particular tracts. Originally, developers had also requested that single family subdivisions be exempted from the requirement to construct accel/decel or left turn lanes to major entrances of their developments. However, it would not be a legal to exempt a single family development which generates a certain need for traffic improvements but not another type of land use that generates the same need. So it was agreed that the current wording regarding these traffic improvements would remain in the policy with no changes. The financial impact of the proposed new policy is somewhat speculative. If it is assumed that the current informal policy would otherwise continue, then the proposed policy would increase financial impact on the City-at-large. That is because the City-at- large, under the proposed policy, will pay for upgrading of temporary roads to permanent paving, or upgrading of the permanent roads to full urban standards. On the other hand, if it is assumed that developers would otherwise escape any contribution to improving perimeter arterials and section line roads, then the fiscal impact is positive. Mayor Knight momentarily absent with Council Member Ferris in the Chair. Mayor Knight Mayor Knight inquired if anyone wished to be heard. M.S. Mitchell M.S. Mitchell said the Homebuilders are in favor of the new policy. Motion -- carried Kamen moved that the amendments to Policy 2 be approved. Motion carried 5 to 0. (Cather, Rogers; absent) FINANCIAL REPORT QUARTERLY FINANCIAL REPORT FOR THE PERIOD ENDED SEPTEMBER 30, 1996. Ray Trail Director of Finance said the Council is aware that some of the funds of the City have required some adjustments (Central Inspection, Transit) but, over all, the City's financial health is stronger than projected at the time of the budget development last summer. This will allow the Council to be in a superior position as movement is made into 1997 and preparations are made for 1998. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- carried Knight moved that the Report be received and filed. Motion carried 5 to 0. (Cather, Rogers; absent) INVESTMENT POLICY REVISIONS TO INVESTMENT POLICY. Ray Trail Director of Finance reviewed the Item. Agenda Report No. 96-910. The investment of City funds is governed by State law, City ordinance and the City's Investment Policy. The current Investment Policy was approved by the City Council in September 1991, with subsequent revisions approved in 1993 and 1995. The Investment Policy was reviewed and approved by the State Pooled Money Investment Board (PMIB) in 1995 granting the City of Wichita expanded investment powers (the PMIB will review the City's program annually). Also in 1995, the City's Investment Policy and program received the Certificate of Excellence Award from the Municipal Treasurer's Association of the United States and Canada. At the time of receipt of this recognition, Wichita was one of 108 governmental entities of the more than 86,000 units of government in the United States to have received this recognition (Wichita is the only one from Kansas) since the recognition program started in 1990. In addition to the Investment Policy, the Department of Finance reports on investment transactions during the course of the year and at year-end in the Monthly, Quarterly and Annual Financial reports, as well as a Treasury Annual Report which covers the performance of the Pooled Fund investments, as well as the separate investment portfolios for Group Life, Cemetery, Wichita Housing Authority and Special Assessment Prepay. [Pension funds investment performance is reported separately from the Treasury Annual Report.] The volume of Pooled Find investment transactions exceeds $2.6 billion annually on an average portfolio of $186 million. The investment program of the City involves daily decisions on investment of public funds to earn a rate of return until those funds are required for the appropriated purpose. As set out in the City's Investment Policy adopted by the City Council, the investment of City funds is conducted under the priority order guidelines of 1) safety of principal, 2) liquidity to meet cash flow requirements, and 3) rate of return to provide the highest earnings consistent with the higher priorities of safety and liquidity. The Finance staff will shortly be re-submitting the City's Investment Policy and performance information to the State Pooled Money Investment Board (PMIB) for annual review. In addition, some changes are being proposed in the Investment Policy: [1] The 1996 Legislative Session resulted in changes in State law concerning investment of bond proceeds (a portion of the City's Pooled Fund for investment purposes). These changes restricted investment of bond proceeds in derivatives. The use of derivatives in the City's investment program is small (<3%) and does not involve bond proceeds so this change in State law has no material impact other than revision of the Policy to mirror the new legislative language (changes are reflected on pages 4 and B-2 of the Investment Police). [2] The language of the section on competitive bidding has been revised to more clearly reflect policy and practice consistent with ensuring competition for City investments within a rapidly fluctuating investment market environment (see top of page 16 of the Investment Policy): [a] Certificates of Deposit investments are placed by securing competitive bids from local banks offering at least the market rate of return. [b] For other investments, a list of qualified and competitive brokers is maintained to which Finance staff rotates offerings for investments subject to the broker having the desired investment available and at current market prices. [c] The City maintains independent access to all current market information through subscription to on-line Bloomberg Financial Services with which to verify broker bids with real-time current market prices. In the event that the broker bid is not within 2 basis points of the Bloomberg data, additional competitive bids are solicited. Investment income is a revenue source to many funds in the City budget. Earnings from the Pooled Funds Investments are allocated monthly to the separate funds participating in the pool based on each fund's proportionate average daily balance in the pool. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the Policy amendments be approved and filed; and the Resolution -- carried be adopted. Motion carried 5 to 0. (Cather, Rogers; absent) RESOLUTION NO. R-96-406 A Resolution of the City Council of the City of Wichita approving adoption of the Investment Policy dated October, 1996, presented. Knight moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Rogers; absent) Yeas: Cole, Ferris, Gale, Kamen, Knight. CITY COUNCIL AGENDA APPOINTMENTS APPOINTMENT TO WICHITA COMMISSION ON THE STATUS OF WOMEN. One appointment (Ferris), for a term expiring June 30, 1997. Motion -- carried Ferris moved that this Item be deferred two weeks. Motion carried 5 to 0. (Cather, Rogers; absent) APPOINTMENT TO WICHITA PUBLIC BUILDING COMMISSION. One appointment (Gale), for a term expiring June 30, 1997. Motion -- carried Gale moved that this Item be deferred two weeks. Motion carried 5 to 0. (Cather, Rogers; absent) APPOINTMENT TO WICHITA-SEDGWICK COUNTY ALCOHOL AND DRUG ABUSE ADVISORY BOARD. One appointment (Council-at-large), for a term expiring June 30, 1997. Motion -- carried Knight moved that this Item be deferred two weeks. Motion carried 5 to 0. (Cather, Rogers; absent) ADDENDUM ITEM 15a NOTICE OF VACANCY - CPO NORTHEAST COUNCIL - DISTRICT I. Gary Rebenstorf Director of Law said the Law Department has not concluded investigation into this matter. Motion -- carried Gale moved that this Item be deferred one week. Motion carried 5 to 0. (Cather, Rogers; absent) PROCLAMATIONS PROCLAMATIONS. -- Howard Pitler Day -- Christmas Tree Lighting on River Day -- Community Education Day -- Philanthropy Day -- Wichita Toy Run Day -- Bible Week Motion -- carried Knight moved that the proclamations be authorized. Motion carried 5 to 0. (Cather, Rogers; absent) CONSENT AGENDA Knight moved that the Consent Agenda be approved in accordance with the recommended action shown thereon. Motion carried 5 to 0. (Cather, Rogers; absent) BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED OCTOBER 28, 1996. At 10:00 a.m., Friday, October 25, 1995, 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 10/28/96) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Lateral 133, War Industries Sewer to serve The Fountains 2nd Addition (south of Central, east of Greenwich). (468-82599/742858/480377) Does not affect existing traffic. (Council approval date 6-11-96) (District II) Utility Contractors - $119,837.00 1996-1997 CDBG Northeast Area Sidewalk Construction and Reconstruction on Hydraulic from 19th St. N. to 20th St. N., Hydraulic from 13th St. N. to 16th St. N., Kansas from 18th St. N. to 20th St. N., and Cleveland from 9th St. N. to 13th St. N. (618447/815044) Traffic to be maintained through construction. (Council approval date 10-01-96) (District I) Barkley Construction - $83,075.00 Lateral 7, Main 16, Southwest Interceptor Sewer to serve Horseshoe Bay Addition (north of 21st, east of Ridge). (468-82622/742908/480382) Does not affect existing traffic. (Council approval date 7-16- 96) (District V) Utility Contractors - $185,485.00 Water Distribution System to serve Horseshoe Bay (north of 21st, east of Ridge). (448-89063/733451/470423) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 7-16-96) (District V) WBW Contractors - 38,664.00 Water Distribution System to serve Stonebriar Addition (west of Meridian, south of 47th Street South. (448- 89074/733469/470424) Does not affect existing traffic. (Council approval date 9-17-96) (District IV) H D Mills and Sons - $65,386.00 Rock Road Landscaping to Bradley Fair Addition, Bradley Fair 2nd Addition and Unplatted Tracts 1-3 (south of 21st, east of Rock). (472-82775/763979/490500) Does not affect existing traffic. (Council approval date 10-15-96) (District II) AND Bradley Fair Parkway Landscaping to serve Bradley Fair 2nd Addition, Webb Road Commercial Addition and Unplatted Tracts 1 - 5 (south of 21st, east of Rock). (472- 82776/763897/490501) Does not affect existing traffic. (Council approval date 10-15-96) (District II) Tree Top Nursery $44,269.00 (Aggregate Bid Total) Water Distribution System to serve Brookhaven Estates 2nd Addition-Phase 2 (north of Central, east of 143rd St. East). (448-88833/733444/470422) Does not affect existing traffic. (Council approval date 5-17- 94) (District County) Ditch Diggers - $20,576.00 Landscaping for 47th St. So. from Seneca to Broadway. (472-82604/706234/405177) Does not affect existing traffic. (Council approval date 8-1-95) (District IV) Water-Rite - $31,464.66 Knight moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign for the City. Motion carried 5 to 0. (Cather, Rogers; absent) WATER AND SEWER DEPARTMENT/PRODUCTION AND PUMPING: LIQUID PHOSPHATE 181784 AS PER SPECIFICATIONS The Kjell Corporation - $.371 per pound (Alternate Bid) POLICE DEPARTMENT/RECORDS; MICROFILM EQUIPMENT 023004 AS PER SPECIFICATIONS Ace Graphic and Micrographic Systems - $47,645.00 Total Net Base Bid w/option #1 and Option #2 (included in cost) Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid. Motion carried 5 to 0. (Cather, Rogers; absent) LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1996 (Consumption on Premises) Pizza Hut of America Pizza Hut #3010012111 W. 21st. St. N. * Pizza Hut of America Pizza Hut #783186547 S. Rock Road * Pizza Hut of America Pizza Hut #3010053802 E. Harry Street * Pizza Hut of America Pizza Hut #301007550 N. West Street * Pizza Hut of America Pizza Hut #3010081708 E. Pawnee Street * Pizza Hut of America Pizza Hut #3010111016 W. Douglas Avenue * Pizza Hut of America Pizza Hut #3010122560 S. Seneca Street * Pizza Hut of America Pizza Hut #3010731035 N. Broadway * (Consumption off Premises) Thomas R. Smith Checkers 1915 E. Pawnee St. * General/Restaurant (More than 50% of gross revenues from sale of food) Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 5 to 0. (Cather, Rogers; absent) PLANS AND SPECS. PLANS AND SPECIFICATIONS. a. S-4 Sewer Rehabilitation Program reconstruct sanitary sewer in alley to serve west of Washington, from Boston to Zimmerly. (621391/533250) Traffic to be maintained through construction. (Council approval date 7-18-95) (District VI) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., November 1, 1996. Motion carried 5 to 0. (Cather, Rogers; absent) b. 1995 Main Replacement Project Group "F": south of Central, east of Martin Luther King Highway (89039); and north of Hillside, north of Second Street (89040). (448- 89039/89040/634667/544121) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 7-18-95) (District I) c. 33rd Street North paving Timmermeyer Gardens, Conners 2nd, Walnut Grove 5th, Jesse, Jesse 2nd, Richard Dunn, and Walnut Grove Additions from the west line of Salina to the west line of Woodland. (472-82701/763656/490468) Traffic to be maintained through construction. (Council approval date 5-7-96) (District VI) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., November 8, 1996. Motion carried 5 to 0. (Cather, Rogers; absent) d. East Bank Water Walk, Phase I - Developing parking Lots, access drive from Douglas to the East Bank Hotel and Expo Hall loading docks, water wall, paving of an access drive for the Hotel Porte-cochere walkways, lighting, and other landscaping features from Lewis Street north to the hotel and from Wichita Street west to the river. (791467/435-175) Wichita Street between Lewis and Waterman will be permanently closed. (Council approval date 07-16-96) (District VI) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., November 22, 1996. Motion carried 5 to 0. (Cather, Rogers; absent) See Page 257a for Subdivision Plans and Specs. STATEMENTS OF COST STATEMENTS OF COST. a. Statement of Cost - Kellogg to McLean, (Design only) - $174,300.00. Total Cost - $174,300.00 less financing previously issued - $174,300.00. Financing to be Issued at this time - $0.00 (705343/405-088) b. Core Area Streetscapes - (Design Only) - $155,000.00 less Financing previously issued - $155,000.00. Financing to be Issued at this time - $0.00. (705418/405-095) c. (Second Partial) Statement of Cost for improving McLean Boulevard from Kellogg to Meridian (Design only) - $550,000.00. Second Partial Estimated Cost - $550,000.00 less financing previously issued - $500,000.00. Financing to be issued - $50,000.00. (705434/405-097) d. (Second Partial) Statement of Cost for improving Oliver, between 25th and 35th Streets North, (Design Only) - Second Partial Estimated Cost - $92,000.00- less financing previously issued - $70,000.00. Financing to be issued at this time - $22,000.00. (705665/405-120) e. (Third Partial) Estimate of Cost for improving Maize Road between 13th Street North and 21st Street North, (Design only) -Third Partial Estimated Cost - $76,000.00, Less Financing Previously Issued - $70,000.00. Financing to be issued at this time - $6,000.00. (705681/405- 122) f. (Third Partial) Estimate of Cost for improving Seneca from 31st Street South to McCormick (Design only) - Third Partial Estimated Cost - $220,000.00 Less Financing Previously Issued - $200,000.00. Financing to be issued at this time - $20,000.00. (705830/405-137) g. Statement of Cost - Hillside, 27th St. North to 37th Street North (Design only) - Total Cost - $80,327.00 Less financing previously issued - $75,000.00. Financing to be Issued at this time - $5,327.00. (705848/405-138) h. (Third Partial) Estimate of Cost for improving McLean Boulevard from Meridian to Seneca - $3,999,886.00 Less Financing Previously Issued - $2,299,886.00. Financing to be issued at this time - $1,700,000.00. (705897/405-143) i. (First Partial) Estimate of Cost for improving West Street from Maple to Zoo Boulevard - $7,454.00. (705905/405-144) j. (First Partial) Estimate of Cost for Murdock Avenue from Waco to Wabash (Right-of-Way) - $7,687.00. (706002/405-154) k. (Second Partial) Estimate of Cost for improving Webb Road from 29th Street North to 39th Street North - $560,000.00 Less Financing Previously Issued - $550,000.00. Financing to be issued at this time - $10,000.00. (706051/405- 149) l. (Second partial) Estimate of Cost for improving McLean Boulevard from Walnut to Taft - $269,000.00 Less Financing Previously Issued - $200,000.00. Financing to be issued at this time - $69,000.00. (706143/405-168) m. (Second Partial) Estimate of Cost for Hillside from 27th Street North to 37th Street North (R/W) - $45,000.00 less Financing Previously Issued - $18,000.00. Financing to be issued at this time - $27,000.00 . (706150/405- 169) n. (Second Partial) Estimate of Cost for improving McLean Boulevard from Taft to Seneca Street - $3,575,000.00 less Financing Previously Issued - $90,000.00. Financing to be issued at this time - $3,485,000.00 (706168/405-170) o. (Second Partial) Estimate of Cost for I-235 Corridor Landscaping at 13th Street North to K-96 Interchange; K-96 and I-235 Interchange and K-96/I-235 Interchange to the Broadway Interchange - $15,000.00 less Financing Previously Issued - $12,000.00. Financing to be issued at this time - $3,000.00. (706176/405-171) p. (First Partial) Estimate of Cost for improving Oliver Street from 25th Street North to 35th Street North - $450,000.00. (706184/405-172) q. (Second Partial) Estimate of Cost for improving Central from Zoo Boulevard to McLean Boulevard (Design Only) - $65,000.00 less financing previously issued - $30,000.00. Financing to be issued at this time - $35,000.00. (706192/405-173) r. (First Partial) Estimate of Cost for improving Seneca Street from 31st Street South to Kellogg - $3,000.00. (706218/405-175) s. (Second Partial) Estimate of Cost for improving Thirty-first Street South from Southeast Boulevard to the Kansas Turnpike - $539,000.00 Less Financing Previously Issued - $525,000.00. Financing to be issued at this time - $14,000.00. (706226/405-176) t. (First Partial) Estimate of Cost for improving Forty-Seventh Street South from Seneca to Broadway - $387,000.00. (706234/405-177) u. (Third Partial) Estimate of Cost for the Intersection of Sycamore and Maple Streets - $1,385,000.00 Less Financing Previously Issued - $1,265,000.00. Financing to be issued at this time - $120,000.00. (706242/405-178) v. This Item was pulled from the Agenda. w. (First Partial) Estimate of Cost for the Gypsum Bikepath from Cessna Park to turnpike Drive - $22,140.00. (706267/405-180) x. (First Partial) Estimate of Cost for the 1995 Railroad Crossing Program - $5,000.00. (706283/405-182) y. (First Partial) Estimate of Cost for improving Pawnee, from Maize to Yellowstone - $100,000.00. (706333/405-187) z. (First Partial) Estimate of Cost for improving Ridge Road, from 13th Street North to 21st Street North - $480,000.00. (706341/405-188) aa. (First Partial) Estimate of Cost for improving the East Bank Streets - $76,800.00. (706366/405-190) bb. (First Partial) Estimate of Cost for the 1996 Street rehabilitation Program - $290,000.00. (706374/405- 191) cc. (First Partial) Estimate of Cost for improving Ridge Road from 21st Street North to 29th Street North - $80,000.00. (706382/405-192) dd. (First Partial) Estimate of Cost for improving Greenwich Road, from Kellogg to Central Avenue (Design Only) - $35,000.00. (706390/405-193) ee. (First Partial) Estimate of Cost for improving Meridian from Maple to Central - $30,000.00. (706408/405-194) ff. (First Partial) Estimate of Cost for the Corridor Studies - $185,000.00. (706416/405-195) gg. (First Partial) Estimate of Cost for improving Zoo Boulevard from 13th Street to Windmill Road - $75,000.00. (706424/405-196) hh. (First Partial) Estimate of Cost for improving Tyler Road from K-42 Highway to 31st Street South - $210,000.00. (706432/405-197) ii. (Second Partial) Estimate of Cost for improving the 29th Street bridge over a Tributary Branch to Chisholm Creek, east of Oliver (Design Only) - $25,000.00 less Financing Previously Issued - $20,000.00. Financing to be issued at this time - $5,000.00. (715276/415-041) jj. (Second Partial) Estimate of Cost for improving the 11th Street Bridge over the Little Arkansas River - $280,000.00 less Financing Previously Issued - $260,000.00. Financing to be issued at this time - $20,000.00. (715318/415- 045) kk. (Second Partial) Estimate of Cost for the Maple/Lewis Bridge over the Arkansas River - $360,000.00 Less Financing Previously Issued - $60,000.00. Financing to be issued at this time - $300,000.00. (715383/415-052) ll. (Second Partial) Estimate of cost for improving the Douglas Avenue Bridge over the Arkansas River - $210,000.00 less Financing Previously Issued - $60,000.00. Financing to be issued at this time - $150,000.00. (715391/415- 053) mm. (First Partial) Estimate of Cost for improving the 37th Street Bridge over the Little Arkansas River - $10,000.00. (715409/415-054) nn. (First Partial) Estimate of Cost for improving the 119th Street Bridge over the Calfskin Creek - $10,000.00. (715417/415-055) oo. (First Partial) Estimate of Cost for the South Lakes Park excavation of approximately a 10-acre pond - $53,974.00. (785386/440-069) pp. (Second Partial) Estimate of Cost for the Ralph Wulz Riverside Tennis Complex - $105,000.00 less Financing Previously Issued - $90,000.00. (785493/440-080) qq. (Second Partial) Estimate of Cost for the Wichita Environmental Education Center Parking Lot at Chisholm Creek Park - $390,000.00 less Financing Previously Issued - $200,000.00. Financing to be issued at this time - $190,000.00. (785501/440-081) rr. (First Partial) Estimate of Cost for improving Edgemoor Park (Parking Lot) - $192,000.00. (785519/440-082) ss. (First Partial) Estimate of Cost for improving Naftzger Park Landscaping - $11,500.00. (785527/440- 083) Motion -- Knight moved that the Statements of Cost be approved and filed. Motion -- carried carried 5 to 0. (Cather, Rogers; absent) PETITIONS PETITIONS (100%). Agenda Report No. 96-911. The signatures on the petitions represent 100% of the improvement districts. The projects will serve a new dental office. The petitions total $46,500. The funding source is special assessments. Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted. -- carried Motion carried 5 to 0. (Cather, Rogers; absent) RESOLUTION NO. R-96-395 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89090 (north of Central, west of Tyler) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 5 to 0. Yeas: Cole, Ferris, Gale, Kamen, Knight. RESOLUTION NO. R-96-396 Resolution of findings of advisability and Resolution authorizing construction of Lateral 105, Westlink Sewer to serve part of Four H Addition (north of Central, west of Tyler), 468-82293 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 5 to 0. Yeas: Cole, Ferris, Gale, Kamen, Knight. BOARDS MINUTES MINUTES OF ADVISORY BOARDS. Board of Zoning Appeals, 8/27/96 Board of Zoning Appeals, 10/22/96 CPO East Council 2, 10/14/96 CPO Northwest Council 5, 10/16/96 Civil Rights & Services Board, 9/16/96 Historic Preservation Board, 9/9/96 Historic Preservation Board Special Meeting, 10/3/96 Wichita Public Library, 10/15/96 Wichita - Sedgwick County Board of Health, 10/10/96 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 5 to 0. (Cather, Rogers; absent) STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. There were no street closures/uses considered. FUNDING APPROVAL FUNDING APPROVAL - LITERACY RESOURCES. Agenda Report no. 96-912. Literacy Resources requested funding to help defray the cost of program activities, materials, and wages. Because of the increasing number of persons enrolled or referred to the literacy program, the Agency is experiencing difficulty in obtaining sufficient donations to meet service needs. The Literacy Resources is a service organization which operates with a staff of 2.5 people, and currently serves more than 1,000 adult participants. Judges now refer convicted individuals into the program. Referrals also come from SRS, Mental Health Association, Dunbar Adult Education Center, USD 259 and Community Corrections. In addition to the 1,000 participants, additional hundreds of individuals are tutored in the Sedgwick County Jail. Some City employees have also been served by the Agency. It is proposed to contribute $9,000 to Literacy Resources to assist in short-term financial needs for program supplies and tutoring materials. Since the Agency is serving various public agencies, a contribution from the City can be justified, in part, because of the job opportunities it has provided to many Wichita residents. The Agency does not receive United Way funding. The allocation can be made from either the City's 1996 Contingency Account or from CDBG funding. Motion -- carried Knight moved that the funding request be approved. Motion carried 5 to 0. (Cather, Rogers; absent) VICTIM'S RIGHTS VICTIM'S RIGHTS SERVICES. Agenda Report No. 96-913. Kansas law requires that municipalities provide notice to crime victims of certain court proceedings in conformity to the Victim's Bill of Rights contained in the Kansas Constitution and statutes. The City of Wichita has adopted Resolution No. R-93-327 to implement these notification requirements. For the past two years the services to implement this resolution have been provided to the City of Wichita through a contract with Correctional Counseling of Kansas. In October, 1996, the Department of Law issued a request for proposals to provide these services for the period from November 1, 1996 through October 31, 1997, with an option to renew for an additional one year period. The proposal of Correctional Counseling of Kansas was the only one received by the Department of Law in response to its request, and it included an increase of $3,693 over the previous contract amount for these services of $39,273. The basis for the requested increase is inclusion of all offenses categorized as "Domestic Violence" and increases in postage and the salary of the Victim's Rights Specialist providing the services. The total cost for these services under the new proposal is $42,966. The proposal represents an increase of $3,693 over the present contract amount. Funds in the amount of $39,273 are presently included in the Department of Law 1997 budget for this purpose and a budget adjustment will be required to provide the additional funding required. The services to be provided under this proposal are required by state law. Motion -- Knight moved that the proposal of Correctional Counseling of Kansas to provide victim's rights services be accepted and the Department of Law be authorized to -- carried negotiate a contract. Motion carried 5 to 0. (Cather, Rogers; absent) GOLF COURSE FEE ADJ. GOLF COURSE FEE ADJUSTMENTS. Agenda Report No. 96-914. The 1997 adopted budget (approved by the Council on August 27, 1996) included adjustments to the golf fees. The proposed adjustments are summarized below: Fee Current Proposed Base Green Fee $12 $13 Base Green Fee (9 holes) $ 8.50 $ 9.50 Student Green Fee $6 $7 Tournament Green Fee $12 $13 Weekday Single Pass $425 $500 Weekday Family Pass $550 $650 Seven Day Single Pass $500 $625 Seven Day Family Pass $650 $800 Senior Pass $ 35 $ 70 Student Pass Green Fee $ 2 $ 3 School Green Fee $ 2 $ 3 Junior Golf Green Fee $ 2 $ 3 Shotgun Tournament Fee $1,750 $2,000 In order to maintain adequate Golf Fund balances, a fee adjustment is required. The fee increases will generate an estimated $205,500 annually. These additional receipts were included in the adopted budget. Motion -- Knight moved that the fee adjustment be approved effective November 1, 1996. -- carried Motion carried 5 to 0. (Cather, Rogers; absent) AGREEMENTS AGREEMENT FOR DESIGN SERVICES FOR A WATER LINE FROM 49TH STREET NORTH AND ARKANSAS TO 51ST STREET NORTH. (District VI) Agenda Report No. 96-915. On July 18, 1995, the City Council approved funding in the Water Utility Capital Improvement Program for unidentified water mains (CIP No. W-65). On September 12, 1996, the Staff Screening and Selection Committee selected Mid-Kansas Engineering Consultants, Inc. (MKEC) to design a 20" water line from 49th Street North and Arkansas to 51st Street North, west of the Arkansas River. This project is needed to close an existing gap, boost pressures and deliver adequate supplies of water to the area. Payment to MKEC will be made on a lump sum basis not to exceed $16,830 and will be paid by Water Utility Funds. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 5 to 0. (Cather, Rogers; absent) AGREEMENT FOR DESIGN SERVICES FOR STONEBRIAR ADDITION. (District IV) The City Council approved Stonebriar Addition development on September 17, 1996. The proposed Agreement between the City and Baughman Company, P.A. provides for the design of Lift Station and Force Main, Lateral 371, Southwest Interceptor Sewer; Storm Water Drain No. 125, Water Distribution System No. 448-89074; and paving Custer, Custer Circle, Mt. Carmel Circle and sidewalk (west of Meridian, south of 47th Street South). Because Baughman Company, P.A. provided subdivision engineering services for this addition, it can expedite construction plan preparation. Payment will be on a lump-sum basis not to exceed $67,300 and will be paid by Special Assessments. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 5 to 0. (Cather, Rogers; absent) SUPPLEMENTAL AGREEMENT FOR 47TH STREET SOUTH AND EMPORIA. (District IV) Agenda Report No. 96-917. On February 6, 1996, the City Council approved an Agreement with the Kansas Department of Transportation (KDOT) for KDOT to take bids for the construction of improvements to 47th Street South and Emporia and to provide 50% federal funding not to exceed $15,000. KDOT took bids on May 15, 1996. The City recommended that KDOT reject the bids because they were higher than the approved budget. Since that time, the City had the plans revised to reduce the construction costs and worked out an agreement with KDOT to increase the upper level of federal funding to $25,000. A Supplemental Agreement (attached) has been prepared. The project consists of closing the frontage road on the northwest quadrant and providing access farther to the west. The City's share of the costs will be paid by General Obligation Bonds included in the 1996 Intersection Reconstruction Program (MS-412). Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 5 to 0. (Cather, Rogers; absent) COOPERATIVE AGREEMENT WITH U.S.G.S. TO MEASURE GROUNDWATER LEVELS IN THE EQUUS BEDS WELLFIELD AND STREAMFLOWS IN THE LITTLE ARKANSAS RIVER. Agenda Report no. 96-918. On February 7, 1995, the Council approved Phase I-Project I of the Equus Beds Recharge Demonstration Project. At that time, the City Council also approved a Joint Funding Agreement between the the City of Wichita and the United States Department of Interior, Geological Survey (U.S.G.S.) to allow the U.S.G.S. to assist the City in collecting and analyzing the water samples needed to monitor the impact of the project on water quality. That Agreement covered only the first Federal "fiscal" year of the project, and it expired on October 1, 1995. On September 12, 1995, the Council approved a Joint Funding Agreement to cover fiscal year 1996. The purpose of the Equus Beds Recharge Demonstration Project is to determine if excess flows in the Little Arkansas River can be used to recharge the Equus Beds in the vicinity of the City's wellfield. This concept is the key element in the City's Water Supply Plan. The operational practices that will be used to recharge the wellfield must be confirmed in order to insure success and to receive regulatory approval. Thus, the City has undertaken a Demonstration Project. Measuring the quality of water in the Little Arkansas River, and from "bank storage", and the effects of using such water to recharge the Equus Beds Wellfield are a major component of the Demonstration Project. The locations, frequencies, and parameters measured for the water sampling program have been developed in cooperation with the Kansas Department of Health and Environment, the Environmental Protection Agency (E.P.A.), and the Bureau of Reclamation. The analysis done by the U.S.G.S. is on the organic and other constituents that the Water and Sewer Department's Laboratory is unable to perform. The City's first Assistance Agreement was for a sampling and analysis program with a total cost of $609,771, of which the U.S.G.S. funded $250,000, and the City funded $359,771. The Agreement for fiscal year 1996 was for a total sampling and analysis program of $513,620, with the U.S.G.S. funding a total of $200,000, and the City funding $313,620. The Agreement for fiscal year 1997 is for a total sampling and analysis program of $604,862, with the U.S.G.S. funding a total of $200,000, and the City funding $404,862. The costs for this phase of the project have increased because of additional water quality analyses required to demonstrate that there is not any degradation of the aquifer after the water is recharged. This effort is part of the overall Demonstration Project, which will continue until 1999. Shown below is the projected costs anticipated for the effort over the remaining life of the project: FY97 FY98 FY99 Total Cost $604,862 $583,218 $624,874 U.S.G.S. funds $200,000 $150,000 $150,000 City of Wichita Funds $404,862 $433,218 $475,874 Funding for this project is included in the CIP as Project W-403. The Demonstration Project has a total authorization of $3,476,000. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 5 to 0. (Cather, Rogers; absent) COST SHARE AGREEMENTS FOR CHENEY RESERVOIR WATERSHED. Agenda Report No. 96-919. Approve the Memorandum of Understanding with the Natural Resources Conservation Service and the Working Agreements with the Reno County Conservation District and the Citizens' Management Committee. Cheney Reservoir is one of Wichita's major sources of water. It currently provides approximately 50% of Wichita's annual water supply, but during peak summer usage periods it provides near 60% of the water supply. In the future Cheney will play an even bigger role in meeting Wichita's water supply needs. On August 24, 1993 the City Council authorized staff to assist in submitting a grant request with the U.S. Environmental Protection Agency for a watershed improvement grant. As part of that action the Council approved the concept of the City assuming part of the cost share necessary to allow landowners to implement "best management practices" in the watershed. It has been determined that Cheney Reservoir has at least two significant pollution problems. One is sedimentation that washes into the reservoir from soil erosion. This sedimentation displaces water stored in the reservoir, and is a major factor in determining the "life" of the reservoir. The other problem is the amount of phosphates in the water. Measurements of phosphates in the North Fork of the Ninnescah River and in the reservoir indicate phosphate levels higher than desired for a water supply. High phosphate levels can lead to an increase in microscopic plant activity in a lake, and thus increased taste and odor problems in water from the lake. A Management Plan has been approved for the watershed that identifies Best Management Practices that can be used to help reduce the pollution entering the reservoir, and the Reno County Conservation District, and the Citizens' Management Committee have the responsibility to implement the recommendations in the Management Plan. The agreements before the Council today are intended to promote the use of Best Management Practices and will establish procedures by which payments are processed to producers who implement those practices. The Memorandum of Understanding with the Natural Resources Conservation Service will be used to fund conservation projects using federal funds from the Great Plans Conservation Program and the Environmental Quality Incentive Program. Under those programs a producer would be eligible for up to $10,000 per year of GPCP/EQUIP funds, and the City would provide up to $4,286 of matching funds per producer per year. A maximum of 50 contract per year could be issued, which would make the City's maximum participation $214,300 per year. This Memorandum of Understanding would be in place for up to five years, beginning in fiscal year 1997. The Working Agreement for CRP Conversion Management with the Reno County Conservation District and the Citizens' Management Committee will be used to promote conservation practices if land that is currently in the Conservation Reserve Program (CRP) is removed from that program. It will provide incentives, using only City funds, to promote producers to install fencing on CRP land and convert it to rangeland, since the cost to install fencing is often a major deterrent to conversion of CRP land to properly managed rangeland. Payments to each producer would be limited to 50% of the cost of installing up to 2 miles of fencing, and the total cost of the program for the City is limited to $50,800 in fiscal year 1997. The Agreement would also promote the establishment of riparian filterstrips in CRP fields that are converted back to farmland. Producers would be eligible for a one time incentive payment of $30/acre of filterstrips implemented. Only City funds would be used, and the cost of these incentives is limited to $2,400 in fiscal year 1997. The Working Agreement for Pasture and Rangeland Management with the Reno County Conservation District and the Citizens' Management Committee will be used to promote rangeland management techniques, including brush control, cross fencing, proper grazing use, planned grazing systems and the installation of water systems. The cost to install these programs will be shared by the EPA/KDHE funds, which will provide 60% of the funds, and the City, which will provide 40% of the funds. City funds would be limited to $4,108 in fiscal year 1997. All of the programs are voluntary programs, and it is not likely that all of the programs will be fully utilized in fiscal year 1997, but the maximum City's share of the costs for all of these agreements would not exceed $271,608. These programs are part of a total program in the watershed that is estimated to cost $3,481,400 over a 6 six year period that started in fiscal year 1995. Other sources of funding include the EPA, the State Water Plan, the USDA (WQIP $350,000 and ACP Special Projects), as well as the City of Wichita. This would diversify the cost of any cleanup projects among numerous funding sources. The City has spent approximately $73,000 for projects in 1996, and will not expend the $200,000 CIP authorization in 1996. Staff recommends that the City Council authorize staff to carry forward the unexpended portion of 1996 CIP authority to 1997 in light of the increased activity in 1997. The City Council has authorized $200,000 per year over a six year period in W-500, for a total of $1,200,000, in the CIP. Motion -- Knight moved that the Memorandum of Understanding and the Working Agreements be approved and the Mayor be authorized to sign; and the CIP authorization for 1997 -- carried be adjusted as recommended by staff. Motion carried 5 to 0. (Cather, Rogers; absent) JOINT FUNDING AGREEMENT WITH U.S.G.S. TO PERFORM WATER SAMPLING AND ANALYSIS FOR THE EQUUS BEDS RECHARGE DEMONSTRATION PROJECT. Agenda Report No. 96-920. This agreement between the City of Wichita and the United States Department of Interior, Geological Survey (U.S.G.S.) is a cooperative agreement for measuring the groundwater levels in the City of Wichita's wellfield and for operating and maintaining three streamflow gages on the Little Arkansas River. The City will measure water levels in about 268 monitoring wells in the wellfield on a monthly or quarterly basis, and the U.S.G.S. will store the information and develop and publish maps of the groundwater levels. The streamflow gages were installed in 1994 as part of the Water Supply Plan. The costs of these projects are split 50-50 between the City and the U.S.G.S.. In the past these projects were covered under two agreements with the U.S.G.S., but they have now been combined into one agreement. Accurate groundwater information is important data for the management of groundwater resources, and is needed for any research of groundwater related problems. This water level monitoring project is a continuing program of collection, storage and analysis of data. The adopted Water Supply Plan includes a project to recharge the Equus Beds using water from the Little Arkansas River, therefor monitoring the groundwater levels in the wellfield is critical to measuring the success of such efforts. The water level measurement project has been in operation continuously for many decades as a cooperative program between the Wichita Water and Sewer Department and the U.S.G.S.. The project is designed to: 1) Measure the water levels in the network of wells in the Wellfield. 2) Store the data into a computer file. 3) Provide the City of Wichita with quarterly water level change maps. 4) Publish the data. 5) Maintain a permanent computer file of this data locally. The gages on the Little Arkansas River provide important information about the flow in the river. With the aid of that information the City will be able to determine if water from the river is available to recharge the wellfield. The City's share of the cost of this program is $21,150, which is 50% of the total cost of the program. The other 50% is funded by the U.S.G.S. The City's share of the costs have been budgeted in the Water Production and Pumping Division's budget. This will cover the contract period from October 1, 1996 to September 30, 1997. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 5 to 0. (Cather, Rogers; absent) AGREEMENT FOR DESIGN SERVICES FOR REPLACEMENT OF WATER MAINS. (District I) Agenda Report No. 96-921. On September 12, 1995, the City council approved a program to replace 24 miles of deteriorating and undersized water distribution mains and authorized the Staff Screening and Selection Committee to select design engineers. On November 28, 1995, the City Council entered into agreements with four engineering firms to design the five groups of water mains. On February 27, 1996, the City Council entered into an agreement for the design of a sixth identified group. Since that time, another group of water mains was identified and the Staff Screening and Selection Committee selected Savoy, Ruggles & Bohm, P.A. (SRB) to design the seventh group. Payment to SRB will be on a lump sum basis not to exceed $11,500. Water Utility Funds have been designated in CIP Nos. W-65 and W-67. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 5 to 0. (Cather, Rogers; absent) EXPO HALL/CENTURY II CORRECTION TO RESOLUTION PERTAINING TO EXPO HALL/CENTURY II INTERIOR RENOVATION. Agenda Report No. 96-792 A. On September 24, 1996, the City Council approved an increase in the budget of the Capital Improvement Program (CIP #CA 9510) from $1,300,000 to $1,600,000. The Ordinance number cited in the amending Resolution was in error. The Resolution needs to be revised to cite the correct Ordinance. Motion -- carried Knight moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Rogers; absent) RESOLUTION NO. R-96- 397 A Resolution amending Resolution No. R-96-359 for interior renovation at Expo Hall and Century II Convention Center by amending and repealing Section 1, to amend statutory authority, presented. Knight moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Rogers; absent) Yeas: Cole, Ferris, Gale, Kamen, Knight. ORDINANCES SECOND READING ORDINANCES. (First Reading 10/22/96) A 96-22 ORDINANCE NO. 43-313 An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Cather, Rogers; absent) Yeas: Cole, Ferris, Gale, Kamen, Knight. A 96-22 ORDINANCE NO. 43-314 SWS 423 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 construction of Storm Water Sewer No. 423 (south of 21st, east of 119th Street West) Project No. (468-82160), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Cather, Rogers; absent) Yeas: Cole, Ferris, Gale, Kamen, Knight. ORDINANCE NO. 43-317 Lincoln and Edgemoor An Ordinance providing for the acquisition by eminent domain of certain private property, easements, and right-of-way therein, for the purpose of improving the intersection of Lincoln and Edgemoor and to be known as the Lincoln and Edgemoor Intersection Improvement project in the City of Wichita, Sedgwick County, Kansas; designating the lands required for such purposes and directing the City Attorney to file a petition in the District Court of Sedgwick County, Kansas, for acquisition of the lands, easements, and access control, therein taken and providing for payment of the cost thereof, introduced and under the rules laid over. ORDINANCE NO. 43-318 McLean Widening An Ordinance providing for the acquisition by eminent domain of certain private property, easements, and right-of-way therein, for the McLean Realignment/Science Center project in the City of Wichita, Sedgwick County, Kansas; designating the lands required for such purposes and directing the City Attorney to file a petition in the District Court of Sedgwick County, Kansas, for acquisition of the lands, easements, and access control, therein taken and providing for payment of the cost thereof, introduced and under the rules laid over. FIRST READING ORDINANCES. Motion -- Knight moved that the following Ordinance be placed on first reading. Motion -- carried carried 5 to 0. (Cather, Rogers; absent) ORDINANCE An Ordinance making a Special Assessment to pay for the improvement of and providing a Tax Levy for the cost of construction of sidewalks in the City of Wichita, Kansas, introduced and under the rules laid over. PLANNING AGENDA Marvin Krout Director of Planning stated that Items 31, 32, and 35 could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Knight moved that Planning Agenda Items 31, 32, and 35 be approved as consensus Items. Motion carried 5 to 0. (Cather, Rogers; absent) S/D 96-18 S/D 96-18 - PLAT OF THE ABERDEEN 2ND ADDITION LOCATED EAST OF 119TH STREET WEST AND NORTH OF 21ST STREET NORTH. (District V) Agenda Report No. 96-922. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. (unanimous) Petitions, all 100%, have been submitted for sanitary sewer, municipal water, storm sewer, and paving improvements. A Certificate of Petitions has also been submitted. In order to provide for the ownership and maintenance of Reserves the applicant has submitted a restrictive covenant. To provide for off-street parking, for lots adjacent to narrow streets, this covenant also requires that four (4) off-street spaces be provided for each such lot. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Documents Certificate of Petitions and Restrictive Covenant. Water 100 Percent petition for construction of Water distribution System Number 448-89064 (North of 21st, East of 119th Street West) $200,000 S.A. (Hold for development) Water 100 Percent petition for construction of Water Distribution System Number 448-89065 (North of 21st, East of 119th Street West) $165,000 S.A.; $15,000 Water Utility Reserves (Hold for development) Sewer 100 Percent petition for construction of Lateral 369, Southwest Interceptor Sewer (north of 21st, east of 119th Street West) Project No. 468-82624 $360,000 S.A. (Hold for development) Sewer 100 Percent petition for construction of Lateral 370, Southwest Interceptor Sewer (north of 21st, east of 119th Street West) Project No. 468-82625 $210,000 S.A. (Hold for development) Sewer 100 Percent petition for construction of Storm Water Drain No. 122, Project no. 468-82626 (north of 21st, east of 119th Street West) $245,000 S.A. (Hold for development) Paving 100 Percent petition for improving of Landon from the north line of Chartwell Circle to the south line of Central Park; Central Park from the west line of Aberdeen Second Addition to the west line of Shefford; Shefford from the south line of Central Park to the south line of Ryan; Chartwell from west line of Aberdeen Second Addition to the east line of Landon; Chartwell Circle adjacent to Lots 19 through 31, block 3; on two Central park Courts adjacent to Lots 65 through 80, Block 2; Ryan Circle and Ryan Court adjacent to Lots 27 through 52, Block 2, and; Shefford Circle and Shefford Court adjacent to Lots 19 through 27 and Lots 53 through 61, Block 2, Project No. 472-82751 $770,000 S.A. (Hold for development) Paving 100 Percent petition for improving of Cardington and Ryan from the east line of Shefford to the south line of 29th Street North; and on Shefford from the south line of Aberdeen Second Addition to the south line of Central park; on four Cardington Courts adjacent to Lots 5 through 8 and Lots 10 through 25, block 1, and adjacent to Lots 1 through 9, Block 2; Central park Court and Central park Circle adjacent to Lots 31 through 50, Block 1, Project No. 472-82752 $465,000 S.A. (Hold for development) Paving 100 Percent petition for construction of one land on 29th Street North from the west line of block 2 to the east line of Block 1, Project No. 82753 (north of 21st, east of 119th Street West) $23,000 S.A. (Hold for development) Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 5 to 0. (Cather, Rogers; absent) RESOLUTION NO. R-96- 398 Resolution of findings of advisability and Resolution authorizing construction of Water distribution System Number 448-89064 (North of 21st, East of 119th Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Rogers; absent) Yeas: Cole, Ferris, Gale, Kamen, Knight. RESOLUTION NO. R-96- 399 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89065 (North of 21st, East of 119th Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Rogers; absent) Yeas: Cole, Ferris, Gale, Kamen, Knight. RESOLUTION NO. R-96- 400 Resolution of findings of advisability and Resolution authorizing construction of Lateral 369, Southwest Interceptor Sewer (north of 21st, east of 119th Street West) Project No. 468-82624 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Rogers; absent) Yeas: Cole, Ferris, Gale, Kamen, Knight. RESOLUTION NO. R-96- 401 Resolution of findings of advisability and Resolution authorizing construction of Lateral 370, Southwest Interceptor Sewer (north of 21st, east of 119th Street West) Project No. 468-82625 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Rogers; absent) Yeas: Cole, Ferris, Gale, Kamen, Knight. RESOLUTION NO. R-96- 402 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Drain No. 122, Project no. 468-82626 (north of 21st, east of 119th Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Rogers; absent) Yeas: Cole, Ferris, Gale, Kamen, Knight. RESOLUTION NO. R-96- 403 Resolution of findings of advisability and Resolution authorizing improving of Landon from the north line of Chartwell Circle to the south line of Central Park; Central Park from the west line of Aberdeen Second Addition to the west line of Shefford; Shefford from the south line of Central Park to the south line of Ryan; Chartwell from west line of Aberdeen Second Addition to the east line of Landon; Chartwell Circle adjacent to Lots 19 through 31, block 3; on two Central park Courts adjacent to Lots 65 through 80, Block 2; Ryan Circle and Ryan Court adjacent to Lots 27 through 52, Block 2, and; Shefford Circle and Shefford Court adjacent to Lots 19 through 27 and Lots 53 through 61, Block 2, Project No. 472-82751 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Rogers; absent) Yeas: Cole, Ferris, Gale, Kamen, Knight. RESOLUTION NO. R-96- 404 Resolution of findings of advisability and Resolution authorizing improving of Cardington and Ryan from the east line of Shefford to the south line of 29th Street North; and on Shefford from the south line of Aberdeen Second Addition to the south line of Central park; on four Cardington Courts adjacent to Lots 5 through 8 and Lots 10 through 25, block 1, and adjacent to Lots 1 through 9, Block 2; Central park Court and Central park Circle adjacent to Lots 31 through 50, Block 1, Project No. 472-82752 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Rogers; absent) Yeas: Cole, Ferris, Gale, Kamen, Knight. RESOLUTION NO. R-96- 405 Resolution of findings of advisability and Resolution authorizing construction of one land on 29th Street North from the west line of block 2 to the east line of Block 1, Project No. 472-82753 (north of 21st, east of 119th Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Rogers; absent) Yeas: Cole, Ferris, Gale, Kamen, Knight. S/D 96-56 S/D 96-56 - PLAT OF THE CURTIS ADDITION LOCATED NORTH OF 49TH STREET NORTH AND EAST OF RIDGE. Agenda Report No. 96-923. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. (unanimous) This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Motion -- Knight moved that the plat be approved as recommended and the Mayor be -- carried authorized to sign. Motion carried 5 to 0. (Cather, Rogers; absent) Z-3205 Z-3205 - REQUEST FOR ZONE CHANGE FROM 'SF-6' SINGLE FAMILY DWELLING TO 'NR' (Item No. 33) NEIGHBORHOOD RETAIL AND 'LC' LIMITED COMMERCIAL, LOCATED EAST OF WEBB ROAD, SOUTH OF LINCOLN STREET (EXTENDED). (District II) Marvin Krout Director of Planning said this Item requires six votes to approve. Motion -- Knight moved that this Item be deferred one week. Motion carried -- carried 5 to 0. (Cather, Rogers; absent) Z-3209 Z-3209 - REQUEST FOR ZONE CHANGE FROM 'SF-6' SINGLE FAMILY, 'LC' LIMITED (Item No. 34) COMMERCIAL, AND 'LI' LIMITED INDUSTRIAL TO 'MH' MANUFACTURED HOUSING, LOCATED ON THE SOUTHEAST CORNER OF MACARTHUR AND MINNESOTA. (District III) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 96-925. Staff Recommendation: Approve, subject to replatting within 1 year and submittal of Development Plan. CPO Recommendation: Approve (9-0). MAPC Recommendation: Approve, subject to replatting within 1 year and submittal of Development Plan (9- 3). The applicant requests a zone change from "SF-6" Single-Family, "LC Limited Commercial, and "LI" Limited Industrial to "MH" Manufactured Housing on a platted 35.9 acres site located at the southeast corner of MacArthur and Minnesota (which is not built) for the development of a mobile home park. The site plan submitted for this case shows access to the proposed mobile home park from MacArthur Road. The plan shows 192 total spaces; 100 spaces between 5,000 and 5,500 square feet, and 92 spaces between 5,500 and 6,000 square feet. The total density for the site is approximately 5.35 dwelling units per acre. There are two areas along MacArthur shown as open space and recreation sites with a drainage area located along the eastern edge of the development. The site plan also shows access to the park from the mobile home park. There is an office and storm shelter located in the north central part of the proposed development. The Landmark Twin Drive-in theater and the Lamplighter Mobile Home Park are located across MacArthur to the north. There is an unplatted tract zoned "SF-6" Single-Family Residential, and the Willowood Mobile Home Park zoned "MH" Manufactured Housing, located to the west of the application area. Emery Park, zoned "SF-6", is to the south of the proposed mobile home park with its access road located between the Kansas Turnpike and the application area. Staff recommended approval, subject to the same number of units and amount of open space being provided in the Development Plan submitted per Chapter 26 of the City Code as shown in the site plan submitted with the zoning application, to a masonry wall constructed along the site's MacArthur Road frontage, and to the addition of a pedestrian walkway system to provide protected access to the city park adjoining on the south. During the Planning Commission's discussion of this matter, questions concerning the construction of the masonry wall were asked by several Commissioners. The agent for the applicant stated that they were willing to construct the wall as long it did not interfere with a utility easement located on site. After discussion, the MAPC voted (9-3) to approve the request, subject to replatting the property within 1 year and the submittal of a development plan at the time of replatting. The three members voting no had wanted an assurance that a masonry wall would be constructed along the entire frontage. Motion -- Knight moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC be approved, subject to the recommended conditions, and the Planning Department be instructed to forward the Ordinance for first reading when the plat is forwarded to the City Council. Motion carried -- carried 5 to 0. (Cather, Rogers; absent) A 96-23 A 96-23 - REQUEST FOR ANNEXATION OF PROPERTY ADJOINING THE CITY AND GENERALLY LOCATED WEST OF MID-CONTINENT AIRPORT AND SOUTH OF 31ST STREET SOUTH, AND EAST OF MAIZE ROAD. Agenda Report No. 96-926. John E. Dugan requested that property under his ownership be annexed into the City of Wichita. This request is scheduled for consideration by the Wichita City Council during the October 29, 1996 City Council meeting. The three tracts of land are approximately 160.05 acres in size. The current land uses of the property are mostly agriculture, except for a truck terminal located along Maize Road. The property is located west of Mid-Continent Airport, South of 31st Street South, and east of Maize Road. A preliminary plat is scheduled to be reviewed by the MAPC's Subdivision Committee on October 24, 1996. The property is zoned both "SF-20" Single- Family district and "LI" Limited Industrial district, under the new Wichita-Sedgwick County Unified Zoning Code, and will convert to the City's "SF-6" Single-Family and "LI" Limited Industrial district upon annexation. The County Commission approved the rezoning of the "SF-20" land to "LI" in 1994, subject to platting. Restrictive covenants were offered by the owner when this zoning was approved, and when the plat is completed, these restrictions will be converted to a protective overlay district. The "SF-6" and "LI" classification will accommodate the use of the property. The City Engineer's office indicates that a 16 inch water main extension along Maize Road may be required. The distance the line would have to be extended is approximately 7,500 feet (1 mile) approximately and at $50 a foot, the cost to the property owner would run around $187,500 (50% of the total cost of $375,00). The City-at-large cost would also be $187,500. No sanitary sewer is available to the area. According to the City Engineer, the property owner will need to supply a lift station and force main, at his cost, to provide this tract with sewer service. The property owner will be providing right- of-way for the re-location of Tyler Road, and the City and County have agreed to share in the paving cost. Total project cost is $629,000, the city will contribute $210,000, while the county will pick up the remaining $419,000. Additional paving improvements for 31st Street South will be guaranteed by the owner as part of the platting of this property . Fire protection can be extended to the requested annexation area within a 5 minute response time from City Fire Station No. 17, located at 10651 West Maple. Police protection will be provided to the area by the officers and equipment of the Patrol West Division of the Wichita Police Department serving the western portion of the City. The Comprehensive Plan adopted in 1993 depicted this area as agricultural. However, because of the recent rezoning to industrial, this property was included in a set of amendments approved by the MAPC earlier this month. The land is within the City Council, Policy 32 urban service area. The property is located within an area that can be served with the extension of water and sewer service. The property owner will be responsible for the cost of connecting to water and sewer when the service is requested. The most recent appraised value for the property and improvements is $759,990 resulting in an annual city tax revenue of $5,977 based on 1995 ad valorem tax levies. If this property is eventually developed with industrial and commercial uses, it will add substantially to the City's tax base. The property is eligible for annexation under K.S.A. 12-520 (7) of State Law. Motion -- Knight moved that the annexation request be approved and the annexation -- carried Ordinance be placed on first reading. Motion carried 5 to 0. (Cather, Rogers; absent) ORDINANCE An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, introduced and under the rules laid over. A- 96-23 OFF AGENDA ITEM BROOKS LANDFILL REMEDIATION OF BROOKS LANDFILL SITE. Motion -- carried Ferris moved that an Item be taken up off the Agenda. Motion carried 5 to 0. (Cather, Rogers; absent) Council Member Ferris Council Member Ferris said he understood the City had Camp Dresser & McKee (CDM) do the evaluation of the Brooks site and give the presentation; however, Council Member Ferris said he thought that when the City received the presentation and design, the City would then go through the bid process or do RFP's for remediation. Now, it is understood that CDM will do the remediation. Council Member Ferris said he had received a telephone call from someone who works for a local company who wondered why the City did not do a RFP. Steve Lackey Director of Public Works explained that when it was first found that there was a problem at Brooks Landfill, KDHE was immediately contacted. KDHE put the City on a quick time-frame to solve all the issues (This was at the same time the vertical expansion permit was going on). Because of the time frames involved and the requirements of KDHE, there was not time to go through an advertised solicitation process and still meet the time requirements of KDHE. Staff understood the issues surrounding not going out for bids on this matter. The project started out small but kept building until a large plume was found. By that point, there was a lot of history and data developed by CDM through a small contract that needed to be expanded when a settlement for remediation was negotiated. The individual's concern is understood. In future projects where there is time and expediency is not an issue, there will be a competitive bid process whenever possible. Design for the remediation has started. When the project is to be built, specifications will be developed and the construction portion will be bid. RECESS The City Council recessed at 11:13 a.m. and reconvened at 11:33 a.m. (Council Members Cather, Kamen, Rogers; absent) (The Council proceeded to take up time- certain Item No. 7 and action is shown with the Item in Agenda order.) 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 potential litigation and legal advice; and the regular meeting be resumed no later than 12:15 p.m. in the City Council Chambers. Motion -- carried carried 4 to 0. (Cather, Kamen, Rogers; absent) EXECUTIVE SESSION RECESS Council recessed at 11:50 a.m. and reconvened in regular session at 12:15 p.m. Mayor Knight Mayor Knight announced that no action was necessary as a result of the executive session. ADJOURNMENT The City Council meeting adjourned at 12:15 p.m. Pat Burnett City Clerk SUBDIVISION PLANS AND SPECIFICATIONS. a. Lateral 70, Main 22, War industries Sewer to serve Home Design Center Third Addition north of 29th Street North, east of Rock. Does not affect existing traffic. (Council approval date 8-6-96) (District 2) (468-82634/742916/480-383) b. Storm Water Drain No. 125 to serve Stonebriar Addition west of Meridian, south of 47th Street South. Does not affect existing traffic. (Council approval date 9-17-96) (District 4) (468-82637/750885/485-124) a. Clear Meadow, Hazelwood and Meadow Grove from the west line of North Shore Boulevard to the west line of North Shore Boulevard: Hazelwood Court serving Lots 9 through 12, Block 1 and Lots 10 through 21, Block 2, to and including the cul-de-sacs; and, Sidewalk along the north, easterly, and southerly side of Clear Meadow, Hazelwood and Meadow Grove from the west line of North Shore Boulevard to the west line of North Shore Boulevard; and along the west side of North Shore Boulevard from the south line of Block 1 to the south line of Meadow Grove paving Does not affect existing traffic. (Council approval date 7-16-96) (District 5) (472-82750/763946/490-497) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., November 8, 1996. Motion carried 5 to 0. (Cather, Rogers; absent) COUNCIL PROCEEDINGS JOURNAL 162 OCTOBER 29, 1996 Page COUNCIL PROCEEDINGS JOURNAL 162 OCTOBER 29, 1996 Page 257a