MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, February 4, 1997 Tuesday, 9:06 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cather, Cole, Gale, Rogers; present. *Council Members Ferris, Kamen; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Rev. Gerald Mansholt, Reformation Lutheran Church. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. Minutes -- The Minutes of the regular meetings of January 14, 1997, and January -- approved 28, 1997, and the special meeting of January 21,1997, were approved 7 to 0. AWARDS AND PRESENTATIONS *Council Member Kamen present. PRESENTATION Mayor Ed Eilert of Overland Park, Kansas, thanked the City of wichita for assistance to Overland Park during their recent ice emergency. Mayor Eilert presented the Public Works crew members and City Council members T-shirts. *Council Member Ferris present. RECOGNITION Charles McAfee was recognized for the award for affordable housing units he received from the National Association of Homebuilders. Mr. McAfee recognized business people and employees who have worked with him on the project. PUBLIC AGENDA SAMUEL W. KELSO COMMENTS BY SAMUEL W. KELSO. Samuel Kelso spoke regarding beacon lights which have been used at the Spangles Restaurant at Pawnee and K-15. Mr. Kelso asked that consideration be given to modifying the sign code so the beacon light can continue to be used in the same manner as it has been used in the past. UNFINISHED BUSINESS GREENWAYS COM. GREENWAYS COMMISSION REQUEST FOR FUNDING ASSISTANCE. Chris Cherches City Manager reviewed the Item. Agenda Report No. 97-078. The proposed funding for the Greenways Commission was discussed by the City Council at its recent workshop, January 28, 1997. The City Council asked that this matter be returned to the regular agenda for further consideration and action. The City Council has previously received information from the Greenways Commission and City Staff on the establishment of the Commission and its proposed funding request. The Commission, while serving in an advisory capacity, selects its own membership and is not subject to City procedures or requirements. The 1997-98 Annual Operating Budget provides funding assistance to advisory boards/commissions in the amount of $5,500. This funding assistance is primarily for supplies and materials not regularly funded in the official expenses of the various boards/commissions. Should the City Council wish to provide funding assistance for approved supplies/materials, allocations could be made from this budget account on a reimbursement basis. The City Council considered several options for funding support, including: Provide a funding grant of $5,000 to be used as matching funds for the Commission (Councilman Kamen). Utilize existing 1997-98 budget allocation for boards and commissions for approved expenses for materials/supplies (Councilman Ferris). Provide funding assistance on a reimbursement basis in an amount of $1,400 (Vice Mayor Cather). Currently, there are no budgeted funds in the 1997-98 budget specifically for the Greenways Commission. Funding assistance could be utilized from existing boards and commissions account ($5,500), or a budget adjustment to increase the budget for separate funding and specific assistance for the Commission could be approved by the City Council. If funding is to be allocated from the boards/commission assistance account, it is important that a budget amount be established to avoid the depletion of this account to the detriment of other boards and commissions who utilize these funds. The City Council has the authority to finance activities of this Commission. A specified budget allocation would be required. It is recommended that the City Council authorize funding assistance for approved expenses for materials and supplies not to exceed a specified amount (to be determined by City Council). Chris Cherches City Manager said the Safety Coordinator has safety vests which can be loaned out upon request. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Council Member Kamen Council Member Kamen said the Greenways Commission needs to rectify the bylaws. Motion -- Kamen moved that funding assistance for approved expenses for materials and supplies in an amount not to exceed $1,400 be authorized. Council Member Ferris Council Member Ferris stated that $1,400 is one- quarter of the entire Boards and Commissions budget. The Greenways Commission should be treated in a like manner as the other boards and commissions with a dollar amount closer to $500. Mayor Knight Mayor Knight said the safety vests is a separate issue and not a part of the allocation. Substitute motion -- Kamen moved a substitute motion that funding assistance for approved expenses for materials and supplies in an amount not to exceed $1,250 be authorized. Council Member Ferris Council Member Ferris stated that all boards are comprised of volunteers and it is unfair to allocate so much of the entire budget to one commission. -- carried Substitute motion carried 5 to 2. Ferris, Gale - No. ST. MARK'S CHURCH REQUEST FOR PROPOSALS FOR ST. MARK'S CHURCH. Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-929 A. On November 19, 1996, the City Council authorized Staff to solicit requests for proposals (RFPs) for St. Mark's Church property (including the adjacent parking lot) on 21st Street The Council's action was that if no acceptable offer was received within 60 days, demolition action should proceed and the razing cost to be paid with Community Development Block Grant (CDBG) funds. The motion by Councilman Rogers which was adopted by the City Council was: "Rogers moved that the City Manager be authorized to send out Requests for Proposals for commercial use (emphasis added) for St. Marks and the adjacent parking lot and if no acceptable offer is received within 60 days, the City proceed with demolition to be paid for from CDBG moneys." (Minutes of November 19, 1996) Requests for proposals resulted in interest shown in the property by six (6) agencies/individuals. Five written and one verbal proposals were received ranging from $5 - $50,000. The property was advertised in the Wichita Eagle and packages were mailed to brokers, developers and non-profits throughout the area. Staff showed the facility approximately 20 times. In addition, for sale signage was placed on the site. The St. Mark's property was originally purchased in connection with the 21st Street Redevelopment Project. When the property was acquired, it was for the express purpose for use as the Northeast Library; however, the succeeding City Council selected an alternate location for the new library and the property is now vacant and in need of repair or removal. [The City has no targeted use for this property; it has been declared surplus.] At the time the property was acquired by the City, there were concerns expressed by the church pastor and churchgoers relative to noise and vibrations (due to close proximity of 21st Street) which made the property "unsuitable" as a church facility. All the purchase offers which have been received propose the use of the property for church purposes. Because of the expressed concerns relative to noise and safety and because City Council specified commercial use and placement of property back on the tax rolls, it is recommended that Staff be authorized to proceed with demolition. The church property was originally acquired for $148,771.95. The offers to purchase are much less than the acquisition price and below the current appraised values for the property. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Robert Drew Robert Drew, Pastor of Unified Outreach Ministries, said the Church needs some work and he would appreciate some time to come up with a proposal. Council Member Ferris Council Member Ferris suggested the matter be deferred one week so Council Members could visit with Council Member Rogers and review and understand the proposals. Motion -- carried Knight moved that this Item be deferred one week. Motion carried 7 to 0. MURDOCK IMPROVEMENT MURDOCK IMPROVEMENT, WACO TO WABASH. (District VI) Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 97-079. The 1997 Capital Improvement Program includes a project to improve Murdock from Waco to Wabash (CIP No. MS-418, page 69). CPO Council 6 considered the project on October 30, 1996. The Council voted 9-0 to recommend approval. The improvement consists of: 1) reconstructing Murdock to five lanes, with the middle lane being for left turns, 2) upgrading the existing traffic signals, 3) building sidewalk on both sides of the street, and 4) landscaping the right-of- way. Utility relocation and drainage work will begin in 1997, with paving to follow in 1998. The project budget is $4,600,000. The City Council previously approved $150,000 for right-of-way acquisition. The funding source is General Obligation Bonds. The Law Department has approved the authorizing ordinance as to legal form. At least one lane of traffic in each direction will be open during construction. It is recommended that the City Council 1) Approve the Project, 2) Place the Ordinance on first reading, and 3) Authorize the Mayor to execute. The project consists of: reconstructing Murdock to five lanes (left turn center lane); upgrading the existing traffic signals; sidewalk; and landscaping. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Sarah Wells Sarah Wells, owner of property at the southwest corner of Murdock and Broadway, said she had not received a copy of the project and had not attended meetings. Ms. Wells said she would like more information regarding ingress and egress to the property at the time of construction. If there is no access during construction, the business might as well close. Council Member Cole Council Member Cole said every effort would be made to keep one lane open during construction. Motion -- Cole moved that the project be approved and the Ordinance be placed on first -- carried reading. Motion passed 7 to 0. ORDINANCE An Ordinance declaring Murdock Avenue, from Waco to Wabash (472-82026 and 472- 82473), to be a main trafficway within the City of Wichita,Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, introduced and under the rules laid over. RETIREMENT ENHANCEMENTS BENEFIT ENHANCEMENTS TO THE POLICE & FIRE RETIREMENT SYSTEM. Ed Wilson Police and Fire Retirement Board reviewed the Item. Agenda Report No. 97-080. The Police and Fire Retirement Board (P&F) has considered a number of benefit enhancements to the Police and Fire Retirement System. The Board is concerned that some long- term retirees are having difficulty maintaining an acceptable standard of living and desires to provide some relief for those individuals. In addition, the Board wishes to take steps to insure that future retirees have adequate pensions to carry them through their retirement years. An Ad Hoc Committee of the Board discussed and researched possible benefits enhancements and their associated costs. An enhancement package has been developed and is now presented to the City Council. In 1979, a new plan, C-79, was implemented. The Plan was added to reduce costs associated with participants becoming eligible for retirement benefits after twenty years of service. No Plan modifications have been implemented. The City of Wichita's contribution has varied during recent years realizing a general reduction due to favorable investment experience or favorable experience related to actuarial assumptions for number of retirements, salary increases, etc. A poverty level annual income of $7,360 is currently established by the Federal government. A review of P&F retirees with disabilities or twenty (20) plus years of service and retired for ten (10) years or more disclosed that 118 are receiving annual pensions below the poverty level. The average age of this group is 77 years with an average of twenty- two (22) years City service. They are receiving an average of $5,518 in annual pension payments. The Board is recommending that a minimum benefit of $7,360 be established for this group of current retirees. The Council is asked to give consideration to increasing the City's P&F retirement contribution to cover the cost of this benefit. Plan benefits currently provide a 2%, non- compounded, pension retirement adjustment (PRA) beginning in the third year of retirement. To assist retirees in maintaining a minimum retirement income, the Board recommends the PRA be compounded annually for future retirees and their surviving spouses. The Council is asked to give consideration to increasing the City's P&F retirement contribution to cover the cost of this benefit. The Board is recommending that the FAS of Plan C-79 members (plan participants hired after January 1, 1979) be indexed using the National Average Earnings Index, up to 5.5% annually, until the member actually retires. Plan members who leave employment with the City of Wichita prior to retirement, but after vesting (10 years of service), may elect to leave their retirement contributions in the system (becoming deferred pensioners) and collect a pension upon attainment of retirement age (55 with 10 - 19 years of service, 50 with 20+ years of service). The pension benefit is based on their final average salary (FAS) at the time they leave City service. This proposal is requested for Plan C-79 members only because they may attain 20 years of service prior to their 50th birthday. Plan A and Plan B members may retire at any age once they have 20 years of service. The total actuarially determined cost associated with these recommendations is 1.7% of payroll. The components of the package have individual costs of 0.4% for the minimum annual pension of current retirees; 1.0% for the compounding of the current 2% PRA; and 0.3% for the indexing of C-79 deferred pensioners FAS (payable only by C-79 plan members). Police & Fire Retirement System members must vote to change plan benefits and/or to increase their biweekly payroll contribution to pay for the plan enhancements. Following an affirmative employee vote, the Law Department would draft revisions to the retirement system Charter Ordinance and place the item on the City Council agenda. As a Charter Ordinance, a sixty day time period is required prior to enactment of revisions. BENEFIT ENHANCEMENTS TO THE WICHITA EMPLOYEES' RETIREMENT SYSTEM. Carl Gipson Wichita Employees' Retirement System reviewed the Item. Agenda Report No. 97-081. In 1981 Plan 2 was implemented for all civilian employees hired or rehired by the City of Wichita. The new retirement plan was adopted by the City Council as a way to reduce the rising costs associated with the old Plan 1 retirement. Plan 2 has achieved the desired result in reducing employer contribution rates by 27% in the last ten years. During this same time period, the retirement system has achieved extraordinary investment and actuarial gains which have assisted with the rapid cost reduction. Since 1981, there has been one improvement to retirement Plan 2. This improvement was paid for entirely by the employees by increasing their payroll contribution from 3% to 4.1% in 1990. In April, 1995, the Wichita Employees' Retirement Board (WER) received a petition with 794 signatures (57% of eligible employees) requesting the following benefits enhancements: Reduce the retirement age from 62 to 60 Increase the maximum benefit from 50% to 60% Allow early retirement at age 55 with a reduced pension The petition stated that the employees would be willing to pay an additional 2% of pay for these enhancements, thus increasing their contribution rate from 4.1% to 6.1%. The WER board established an ad-hoc committee and commissioned the Actuary to study the requested enhancements. The Actuary determined that the actual cost for the enhanced benefit package as requested by the employee petition was 3% instead of the anticipated 2%. Uncomfortable with recommending a 7% employee contribution rate, the WER Board commissioned a study of other public retirement systems. A summary of the study indicates the following averages (as compared to Plan 2): Public Avg. WER Plan 2 Normal retirement age: 62 62 Annual benefit formula 1.8% 2.25% Maximum retirement benefit 83.8% 50% Early retirement 55 none Employee contribution rate 4.9% 4.1% Employer contribution rate 9.3% 9.4% The study revealed that the maximum benefit for Plan 2 was substantially below most public funds and the formula factor was higher than most public funds. The combination of these two areas created a system design flaw. For example, a plan design with a high factor (2.25% per each year of service) and a low maximum (50%), encourages maximum employment of 22.2 years (50 \ 2.25). If the City hires a 25 year old employee who stays until retirement (age 62), the employee will have worked 37 years. Their pension benefit reaches maximum level of 50%, when the employee is 47 years old. The career employee must continue to contribute 4.1% of pay to the pension system for an additional 15 years with no increase in benefit. The other option is to find other employment in order to increase their retirement savings. The WER Board believes that the retirement system should encourage long term employment, and that this feature of plan design was likely an unintentional oversight that has recently come to attention as a result of the age of the plan. (Employees hired in 1981 and still employed have 16 years of service and are rapidly approaching their pension maximums.) Over the past eighteen months, the ad-hoc committee has studied over twenty variations of plan enhancements in an effort to develop a solution to the system design problem while keeping employee contributions at a competitive level. In June of 1996, the Board presented the following enhancement package for a vote to the employees: Increase the maximum pension form 50% to 65% Reduce the future service factor from 2.25% to 2.0% Establish a $1,000 post-retirement funeral benefit Provide an option for early retirement at age 55 with a substantial penalty Waive the early retirement penalty with 30 years of service The enhancements were to be financed by an increase in participant contributions (Plan 2 and Plan 3 members) to 6.0% from the current 4.1%. Approximately 1,400 ballots were issued with a 68% response. Of that number, 61% supported the proposed enhancements and 39% were opposed. The Board feels that the proposed changes will bring the Wichita Retirement System more in line with the retirement benefits of other public funds. They also believe that this package adequately addresses the system weakness by increasing the maximum percentage to 65% AND reducing the service factor to 2%. A new employee hired under this system could work 32.5 years before maximizing their pension benefit, thus creating incentive for career employment. Enhancements to Plan 2 are sought because experience since the Plan's inception has shown that the Plan penalizes the long-term employee. A study of current plan participants shows that approximately 78% of the participants would be required to work more than 22.22 years to reach normal retirement age (62). During those additional years (in excess of 22.22) the employees continue to contribute 4.1% of their salary with no increase in the allowable benefit. The proposed enhancements, while benefiting approximately 75% of Plan 2 and 3 participants, does penalize those employees who began their City career at age 40 or older. This is a direct result of the reduction in the annual benefit formula. By reducing the annual accrual rate, it takes more years of service to reach the maximum. This group of employees is literally being asked to increase their contribution rate in return for a reduced pension. In response to employee objections, the Board has drafted a proposal that would allow current Plan participants a one-time option to remain with the current benefit structure. This option requires the same increase in employee contribution rates as the new plan. In this case, the employee is being asked to increase their contribution rate for the same pension benefit. The actuary has determined that the cost to add an option to choose between the current plan and the proposed plan increases the cost by .9%, bringing the total contribution increase to 2.8%. This increase creates a non-competitive (6.9%) employee contribution rate. The Board is requesting that the City share in the cost of this enhancement by increasing its pension fund contribution by 1.4%, or approximately $800,000 in 1997. Ordinance revisions are required to implement changes in retirement benefits. The Law Department will draft changes for the Council's consideration. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Janice McKinney Employee of the Park Department said she was speaking for the 266 employees in opposition to the proposed changes on the Employees Retirement System. Ms. McKinney explained that if the proposed Plan 2 changes are approved, nearly 300 employees will be paying double their current contribution just to retain their current retirement benefits. The Plan 2 changes will substantially improve the benefits for a large number of contributing employees; however, another group of contributing employees, those hiring on after age 35, will receive absolutely no benefit from the proposed changes BUT will pay double just to allow the increased benefits for co-workers. Changes to a retirement plan that purport to bring improved benefits to the Plans contributors but actually benefit only one segment of the employees, while harming another group of employees, is unfair and may even be illegal. The original Retirement Board proposal had the following typical impact on an employee over the age of 35 when they hired on the Wichita work force: That typical employee would, on the average, see an additional $40 taken from their pay check each pay day but, on retirement, would receive an average of $100 less per month in retirement benefits. This group of people would pay much more to receive much less. Because of the outcry from employees who felt the original proposal was not equitable, the Retirement Board struck the current proposed compromise. However, the compromise is not fair or equitable. The compromise position still forces 200 to 300 employees who hired on after age 35 to pay double just to keep the current benefits. It is believed that changes to a retirement plan should not harm any one portion of the contributing employees. The improvements are not begrudged to those employees who would benefit under the proposal; however, it is not fair to provide the improvements at the expense of others. Those from Plan 2 who are negatively impacted by the proposed changes have no representative on the Retirement Board. Several members of the Retirement Board felt that the current proposal was unfair and that they would not support the proposal. It is believed that there are other alternatives besides the one presented today. One alternative would allow improved benefits to those Plan 2 members who the Retirement Board considers long-term employees but would not harm the rest of the Plan 2 members. The negatively impacted employees would be grandfathered -- and could opt to continue at the present contribution rate and receive current retirement benefits but not be eligible for future enhancements to the Plan. It is believed there are other more equitable and less divisive alternatives that should be considered. Clarence Rose Clarence Rose, retired Police officer, encouraged approval of the recommendations to the Police and Fire Retirement System. Mr. Rose also recommended that current retirees also be included in compounding of benefits and have representation on the Retirement Board. Walt Campbell Walt Campbell, retired Fireman, urged support of increasing the minimum pension for retired police and fire employees. Motion -- Ferris moved that the Item be referred to Staff and a committee for analysis and recommendation to the City Council. Council Member Cather Council Member Cather stated that financing of benefits cannot be done in an unfair and arbitrary fashion. Council Member Rogers Council Member Rogers said there should be competent people on the Boards. Council Member Kamen Council Member Kamen asked that the City Manager discuss this matter with the Council Members regarding their views before conclusions are drawn. -- carried Motion carried 7 to 0. RECESS The City Council recessed at 10:55 a.m. and reconvened at 11:13 a.m. KGE ELECTRIC LINES PROPOSED RELOCATION OF KGE ELECTRIC LINES FOR THE KELLOGG AND OLIVER INTERCHANGE PROJECT. (District II) Steve Lackey Director of Public Works reviewed the Item. Agenda Report No. 97-082. KGE has overhead lines along Kellogg which provide street lighting and electrical service to the adjacent properties. To allow the reconstruction of Kellogg, these lines must be relocated. KGE's initial design to relocate the lines was to construct new parallel overhead lines north and south of Kellogg in Orme and Lewis. When the design was presented to area homeowners, they objected to having the new lines overhead. In response to the property owners' objections, City staff requested an exception to the State's policy to allow utility lines within the controlled access highway right-of-way, and asked KGE to redesign its lines to relocate within Kellogg right-of-way. KGE's estimate to relocate its lines to the Orme and Lewis locations is $700,000. If this concept were to be approved, KGE would be responsible for the entire cost. The estimate to relocate the lines above ground in Kellogg right-of- way is $530,000, and the estimate to place them underground is $900,000. Should the City opt to request KGE to place its lines underground, KGE has agreed to pay up to $700,000 of the total cost and has asked the City to reimburse KGE for any costs above $700,000, but not to exceed $200,000. Staff recommends the City Council agree to this proposal. The City will reimburse KGE for its costs to design and construct their facilities underground in Kellogg right-of-way that exceed $700,000, up to but not to exceed $200,000. Funds are available in the Kellogg and Oliver Interchange construction project (F-37, page 23). Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Kamen moved that the Proposal be Approved and the reimbursement of costs to KGE -- carried as outlined be authorized. Motion carried 7 to 0. KGE RATE IMPACT IMPACT OF KGE RATE REDUCTIONS. Agenda Report No. 97-083. The City of Wichita accounts for approximately 47% of the customer base of KG&E. In 1996, Western Resources filed with the Kansas Corporation Commission (KCC) for rate review and offered an $8.7 million annual reduction in rates within the KG&E service area for a seven year period. At Mayor Knight's initiative, the City Council authorized the City to intervene in the rate review case pending before the KCC on the basis that the reduction should be higher and that the KCC should seek to achieve greater parity between the rates for KG&E and the rest of the Western Resources customer base. The rate case before the Kansas Corporation Commission has now been completed. The report reflects the impact of the rate case, subsequent and additional to the original ($8.7 million) proffered rate reduction which occasioned the City of Wichita's decision to intervene. Generally, the rate reductions successfully implemented after the City's intervention will provide very substantial rate relief for customers within the City of Wichita in the amount of: Original KG&E Additional Reduction Total KG&E Reduction Rate Reduction After City Involvement Rate 1996 $ 2,741,685 $ 2,741,685 1997 4,112,527 $ 15,729,233 19,841,760 1998 4,222,527 21,161,504 25,383,573 1999 4,334,529 26,612,949 30,947,478 2000 4,449,984 28,402,348 32,852,332 2001 4,568,515 29,158,879 33,727,394 2002 4,690,203 29,935,563 34,625,057 2003 4,815,132 30,732,925 35,548,057 $33,934,643 $181,733,401 $215,668,043 The benefit to electric customers in Wichita in lower rates are phased-in from 1996 through 2000. The rate relief is spread over all KG&E customer classes (residential, commercial and industrial). The intervention of Wichita in the rate case not only benefited Wichita. The entire KG&E service area will enjoy the reduced electric rates. For the City's General Fund budget there is an negative impact. The decline in electric franchise fee revenues is greater than the reduction in City electric costs. The net loss in revenues over expenditures will be $493,120 in 1997 growing to $1,004,020 by 2003. While the City must deal with lower franchise fee revenues as part of its budget, the overall impact on the Wichita community from this electric rate reduction package is the equivalent of a 21 mill property tax cut. Ray Trail Director of Finance, stated that at the time the City of Wichita, at the urging of Mayor Knight, sought to intervene in the KG&E rate case the only rate reduction in place was an "interim" $8.7 million reduction. The report reflects the final outcome of the rate case with future reductions spread over a multi-year period through 1999. "In the larger context, it is not disputed that electric customers within Wichita and the rest of the KG&E service area are great beneficiaries of the large scale rate reduction included in the KCC order. For the entire KG&E service area, it is our projection that this represents approximately $450 million in rate relief through the Year 2003, of which electric customers in Wichita alone will enjoy more than $215 million. Further, after the rate reductions are fully implemented as of June 1999, the door is open to pursue a further review of KG&E rates and additional rate reductions over and above those already incorporated into the KCC order. "The City undertook to intervene in the rate case because it was felt that the rate reduction before the KCC was too low and because it was felt there was not sufficient progress in addressing the rate disparity between KG&E and KPL customers, both of whom are part of Western Resources. The rate adjustments enacted subsequent to the initial and "interim" $8.7 million cut represents approximately $180 million of a $215 million total reduction for Wichita electric customers." "There can be no doubt that the City's decision to intervene paid off in the form of larger and earlier rate reductions in the time period involved. As an example and just taking 1997 alone and taking into account what KG&E officials have indicated they would have done in rate relief without the City's intervention and the subsequent rate review, the savings in electric costs attributable to local intervention will range between $13 and $17 million this year alone or equivalent to an 8½ - 11 mill tax levy. "It is also projected that the rate disparity between KG&E and KPL customers will shrink from the earlier 38% differential in favor of KPL to approximately 25%. From my knowledge of the issues at the rate review, but for Wichita's intervention in the rate case the matter of parity in electrical costs would have continued to be ignored. As it is, Wichita's competitive position in growth and economic development will be greatly enhanced as the disparity in costs are reduced. We are not there in achieving parity, but the disparity is greatly reduced. We are moving in the right direction and the KCC has finally recognize the principle of parity in its decision making. "As a matter of disclosure, the City has expended approximately $160,000 for the services of outside experts to assist in its efforts to effectively participate in the KG&E rate case. By any standards, the return on investment is exceptionally high. "Finally, we have disclosed that a side- effect of lower electric rates will be lower franchise fees of approximately $1 million per year once the rate reductions are fully phased-in. On a net basis, however, it is far better for the local community to have the very large benefit of much lower electrical costs even if it challenges the City Council and City staff to find ways to cope with some decline in one revenue source." Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. There was no action taken on this Item. CITY COUNCIL AGENDA APPOINTMENTS 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 Ferris moved that this Item be deferred one week. Motion carried 7 to 0. APPOINTMENT TO CPO EAST COUNCIL - DISTRICT 2. The members of CPO East Council have selected James P. Ruane, 7729 Killarney Court, to fill a vacancy in subdistrict 2.1. Motion -- Kamen appointed James P. Ruane and moved that the appointment be approved. -- carried Motion carried 7 to 0. APPOINTMENTS TO ALTERNATIVE CORRECTIONAL HOUSING BOARD. (Council Member Cole) Motion -- Cole appointed Joan Cole (City Council Member), Judge Flaigle (Municipal Court Judge), Chief Watson (Wichita Police Department representative), Kent Sisson (State Parole Office representative), John Eisenbart (Municipal Court Probation Office representative), Allen McGregor (federal residential correctional facility representative), Elizabeth Bishop and Nile Dillmore (two neighborhood representatives) and moved that the appointments be approved. Motion carried -- carried 7 to 0. OFF AGENDA ITEM APPOINTMENT TO HUMAN SERVICES BOARD (AT LARGE APPOINTMENT). Motion -- Knight moved that the rules be set aside and an Item be taken up off the Agenda. -- carried Motion carried 7 to 0. Motion -- Cather appointed Rev. Rathbun (Brookside united Methodist Church, Planeview) and -- carried moved that the appointment be approved. Motion carried 7 to 0. OFF AGENDA ITEM JUNIOR GOLF/STUDENT GOLF Motion -- Ferris moved that the rules be set aside and an Item be taken up off the Agenda. -- carried Motion carried 7 to 0. Motion -- Ferris moved that Staff (including Tim Vanatta and Pete Franzen) complete a report, regarding junior golf and student golf fees, to be presented to the City Council in one week; and that interested persons be invited. Motion carried -- carried 7 to 0. OFF AGENDA ITEM EAST KELLOGG. Motion -- Knight moved that the rules be set aside and an Item be taken up off the Agenda. -- carried Motion carried 7 to 0. Motion -- Knight moved that the East Kellogg matter be revisited, under Council Member -- carried Kamen's leadership, in one week. Motion carried 7 to 0. PROCLAMATIONS PROCLAMATIONS. -- American History Month -- Wichita TRIO Day -- African American History Month Motion -- Knight moved that the issuance of the Proclamations be authorized. Motion -- carried carried 7 to 0. CONSENT AGENDA Knight moved that the Consent Agenda, except Item 13, be approved in accordance with the recommended action shown thereon. Motion carried 7 to 0. BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED FEBRUARY 3,1997. At 10:00 a.m., Friday, January 31, 1997, pursuant to advertisements published, bids were received, publicly opened, read aloud and tabulated for the Board of Bids and Contracts: (Ref: Bid analysis report attached to Board of Bids Minutes February 3, 1997.) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Water Distribution System to serve Prairie Woods Addition (north of Pawnee, east of Maize). (448- 88901/733519) and Water Distribution System to serve Prairie Woods Addition (north of Pawnee, east of Maize). (448- 88902/733477) WBW Contractors - $34,237.00 (Aggregate Total For Both) Water Supply Line to serve Wheatland Addition (south of MacArthur, west of Hoover). (448-88688/732933) and Water Supply Line to serve Wheatland Addition (south of MacArthur, west of hoover). (448-88689/733535) HD Mills & Sons - $112,575.00 (Aggregate Total For Both) Knight moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign for the City. Motion carried 7 to 0. Agenda Report No. 97-113. Lewis Street Bridge and Waterline Relocation between McLean Blvd. and Wichita Street over Arkansas River. 448-89061/715383/635136/544613) Agenda Report No. 97-113. In 1994, a competition was held to determine the favored design concept and consulting team for the Douglas Avenue and Lewis Street Bridges over the Arkansas River. Professional Engineering Consultants, P.A. (P.E.C.), in collaboration with Gossen Livingston Associates and Vicki Scuri Siteworks, was selected as the winning design team by the City's Public Art Advisory Board. On November 21, 1995, the City Council entered into an agreement with P.E.C. for Phase I preliminary engineering services, which included development of design concepts and presentations to advisory boards and organizations. On April 30, 1996, the City Council approved P.E.C.'s design concepts and authorized staff to negotiate design fees for the preparation of construction documents. On January 17, 1997, bids were opened for the reconstruction of the Lewis Bridge. All bids exceeded the project budget. City staff consulted with the designers to revise the design for rebidding. The project was re-bid for January 31 opening. The re-bid contained alternates for the stair access on the west end of the bridge. The base bid has no stairs and eliminates part of the ornamental metal work. The substantial completion date for the bridge was extended to February 21, 1998, and final completion May 2, 1998, prior to the 1998 River Festival. The stairs are a part of the Riverbank Improvement project (scheduled in the CIP) for construction in 1997. After evaluating the bids for stair access, the design team recommended the stairs be constructed at a later date with the Riverbank Improvement project, but planned prior to the bridge completion. Phase II of the Lewis Bridge will be let later in the year. It involves specialty work that will not be done by the bridge contractor. The bridge project also includes a new water line to improve water service to East Bank properties. This line will provide service to the Core Area when the water lines on the Douglas Bridge are out of service for bridge construction. The water line is being funded by the Water Utility. The low bid was submitted by Dondlinger & Sons. The base bid is within the budget and estimated cost. No alternates are included (see bid sheet). Dondlinger & Sons - $4,431,583.40 (Aggregate Bid Total) Knight moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign for the City. Motion carried 7 to 0.The PUBLIC WORKS DEPARTMENT/STORM WATER MANAGEMENT: DRAINAGEWAY MOWING (133116) AS PER SPECIFICATIONS Complete Landscaping Systems Inc. - $38.00 Cost Per Acre Per Mowing PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS: RENOVATION OF THE AFRICAN AMERICAN FAMILY PRESERVATION FACILITY (618074-505) AS PER SPECIFICATIONS Breckco Construction Co., Inc.* - $14,530.00 (Total Net Bid) Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid. Motion carried 7 to 0. LICENSES APPLICATIONS FOR LICENSES. Item No. 13 Escort Service. Marianne Stewart AAA Entertainment217 W. 31st St. S. Motion -- Cather moved that, due to concerns of residential neighbors and the South Broadway area, this Item be deferred one week so the Council could obtain -- carried additional information. Motion carried 7 to 0. Retail Cereal Malt Beverages. Renewal 1997 (Consumption on Premises) Janice K. Vega La Familia * 945 W. 31st St. S. (Consumption off Premises) Wayland Waggoner Albertson's #22143137 S. Seneca Wayland Waggoner Albertson's #22131607 S. Georgetown Wayland Waggoner Albertson's #22128714 W. 13th St. Wayland Waggoner Albertson's #22112101 N. Rock Renewal 1997 (Consumption off Premises) Ralph McGuire Dillon Store #7210515 W. Central Ralph McGuire Dillon Store #662244 N. Rock Rd. Ralph McGuire Dillon Store #653211 S. Seneca Ralph McGuire Dillon Store #621435 N. Waco Ralph McGuire Dillon Store #4910222 W. 21st St. Ralph McGuire Dillon Store #424801 E. Central Ralph McGuire Dillon Store #356297 E. 13th St. Ralph McGuire Dillon Store #343932 W. 13th St. Ralph McGuire Dillon Store #334747 S. Broadway Ralph McGuire Dillon Store #311640 S. Broadway Ralph McGuire Dillon Store #302525 W. Douglas Ralph McGuire Dillon Store #261227 S. Hydraulic Ralph McGuire Dillon Store #215500 E. Harry Ralph McGuire Dillon Store #207707 E. Central Ralph McGuire Dillon Store #168828 W. 13th St. Ralph McGuire Dillon Store #129450 E. Harry W. Kent Laughman Food 4 Less #373020 E. Douglas W. Kent Laughman Food 4 Less #38640 N. West W. Kent Laughman Food 4 Less #401212 S. Woodlawn W. Kent Laughman Food 4 Less #412445 S. Seneca *General Restaurant-Beer Sales derive less than 50% of gross revenues. Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 7 to 0. PLANS AND SPECS. PLANS AND SPECIFICATIONS. a. Water Distribution System to serve Lark Third Addition (south of Kellogg, east of 119th Street West). Does not affect existing traffic. (Council approval date 05-21- 96) (District V) (448-89052/733527/470430) b. Water Distribution System to serve Pembrook and Pembrook Second Additions (east of Oliver, south of 29th Street North). Does not affect existing traffic. (Council approval date 04-23-96) (District I) (448-89028/733550/470433) c. Lateral 71, Main 5, Sanitary Sewer #23 to serve Pembrook & Pembrook Second Additions (east of Oliver, south of 29th Street North). Does not affect existing traffic. (Council approval date 08-20-96) (District I) (468- 82593/742999/480391) d. Battin, from the north line of Lot 22, Block 1, Pembrook Addition, to the south line of Lot 7, Block 2, Pembrook Second Addition; Battin Court, from the west line of Battin to and including the cul-de-sac, serving Lots 22 through 40, Block 1, Pembrook Addition, and from the west line of Battin to and including the cul-de-sac, serving Lots 4 through 10, Block 1, Pembrook 2nd Addition; and Sidewalk on the east side of Battin (east of Oliver, south of 29th Street North). Does not affect existing traffic. (Council approval date 8-20-96) (District I) (472-82705/764142/490517) e. Replacing the Hydraulic Lines at the Lincoln Street Dam (Lincoln Street & the Arkansas River). Does not affect existing traffic. (Council approval date 2-4-97) (District VI) (468-82675/660324/561701) Motion -- Knight moved that the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and Contracts by 10:00 a.m., February 7, 1997. -- caried Motion carried 7 to 0. f. Sanitary Sewer Rehabilitation at 9th and St. Francis (south of 13th Street North, east of Broadway. Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 7-18-95) (District VI) (468-82673/621516/533262) g. Sanitary Sewer Rehabilitation at Hillcrest and Rockwood (south of Central, west of Woodlawn). Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 7-18-95) (District II) (468-82672/621524/533263) h. Sanitary Sewer Rehabilitation at 8th Street North and Mead (south of 13th Street North, east of Broadway). Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 7-18-95) (District VI)(468-82671/621532/533264) i. 1995 Water Main Replacement Group "A": Broadway, Zimmerly to Lincoln (88989); Waco Street, 15th Street North to 18th Street North (88990; Texas Avenue, Walnut Street to Sycamore Street; Walnut Street, Texas Avenue to Douglas Avenue; Handley Street, Maple Street to Douglas Avenue; Sycamore Street, Burton Avenue to Douglas Avenue; Walnut Street, University Avenue to Maple Street; and University Avenue, Seneca Street to Osage Avenue (88987). (east of Seneca, west of Broadway; north of Harry Street, south of 15th Street North). Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 7-18-95) (District VI) (448-88989/88990/88987/634204/544420) j. 20" and 12" water lines in Ridge Road from Garden Ridge to 29th Street North (Ridge Road, north of 21st Street). Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 1-14-97) (District V) (448-89060/635110/544611) Motion -- Knight moved that the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and Contracts by 10:00 a.m., February 14, 1997. -- carried Motion carried 7 to 0. SUB. PLANS AND SPECS. SUBDIVISION PLANS AND SPECIFICATIONS. Storm Water Sewer #476 to serve Turtle Run 3rd Addition (south of Pawnee, west of Webb). (468- 82590/750828/485118) Does not affect existing traffic. (Council approval date 2-4-97) (District 2) Cooper and Carson, Turtle Run 3rd Addition (south of Pawnee, west of Webb). (472-82702/763821/490485) Does not affect existing traffic. (Council approval date 2-4-97) (District 2) Lateral 69, Main 22, War Industries Sewer to serve Bradley Fair 2nd Addition (south of 21st, east of Webb). (468-82601/743005/480392) Does not affect existing traffic. (Council approval date 5-21-96) (District 2) Water Distribution System to serve Bradley Fair 2nd Addition (south of 21st, east of Webb). (448- 89036/733576/470435) Does not affect existing traffic. (Council approval date 5-21-96) (District 2) Water Distribution System to serve Bradley Fair 2nd Addition (south of 21st, east of Webb). (448- 89037/733584/470436) Does not affect existing traffic. (Council approval date 5-21-96) (District 2) 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., February 14, 1997 . Motion carried 7 to 0. PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. Water Distribution System to serve Wheatland Addition (south of MacArthur, west of Hoover) - $61,740.00. Does Not affect existing traffic. (Council approval date 4-6-93) (District n/a) (448-88697/733543/470-432) b. Lateral 346, Southwest Interceptor Sewer to serve Prairie Woods Addition (north of Pawnee, east of Maize) - $156,160.00. Does not affect existing traffic. (Council approval date 3-21-95) (District V) (468-82463/742924/480-384) c. Lateral 24, Main 2, Southwest Interceptor Sewer to serve Florence Addition (at 50th Street, east of Broadway) - $55,178.00. Does not affect existing traffic. (Council approval date 1-22-85) (District IV) (468- 81427/742940/480-386) d. Lateral 319, Southwest Interceptor Sewer to serve Wheatland Addition (south of MacArthur, west of Hoover) - $60,000.00. Does not affect existing traffic. (Council approval date 4-6-93) (District n/a) (468-82289/742965/480-388) e. Lateral 369, Southwest Interceptor Sewer to serve Aberdeen Second Addition (north of 21st, east of 119th Street West) - $381,600.00. Does not affect existing traffic. (Council approval date 10-29-96) (District V) (468- 82624/742973/480-389) f. Lateral 124, Westlink Sewer to serve Timber Ridge Third Addition (south of 21st, east of Maize) - $31,610.00. Does not affect existing traffic. (Council approval date 4-9-96) (District V) (468-82594/742981/480-390) g. Dowell and Second Street from the west line of Elision to the south line of Central Avenue; Clay Circle adjacent to Lots 23 through 32, Block 2; Crest Circle adjacent to Lots 11 through 22, Block 2, and: on the 32 foot right-of-way serving Lots 12 and 13, Block 1 paving The Fountains Second Addition (south of Central, east of Greenwich) - $512,300.00. Does not affect existing traffic. (Council approval date 6-11- 96) (District II) (472-82723/763870/490-490) Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 7 to 0. STATEMENTS OF COST STATEMENTS OF COST (CHESNEY). a. Main 18, Southwest Interceptor & Pump Station (#18) to serve an unplatted tract and Buckhead and Hickory Creek Estates Addition (south of 13th, west of 119th Street West) - Total Cost - $162,706.84. (468-82560/742585/480- 350) b. Lift Station and Force Main in connection with Laterals 1 and 2, Main 18, Southwest Interceptor Sewer to serve Hickory Creek Estates Addition (south of 13th, west of 119th Street West) - Total Cost - $148,018.95. (468- 82561/742593/480-351) c. Lateral 67, Main 22, War Industries Sewer to serve Mediterranean Plaza Addition (north of 29th, east of Rock) - Total Cost - $60,677.86. (468-82517/742619/480-353) d. Lateral 132, Main 4, Sanitary Sewer #23 to serve Walnut Grove Addition (north of 35th Street North, west of Seneca) - Total Cost - $4,538.00. (468-82591/742668/480-358) e. Lateral 69, Main 5, Sanitary Sewer #23 to serve Meadow Oaks Second Addition (south of 29th Street North, west of Woodlawn) - Total Cost - $46,163.86. (468- 82571/742676/480-359) f. Lateral 68, Main 5, Sanitary Sewer #23 to serve Meadow Oaks Second Addition (south of 29th Street North, west of Woodlawn) - Total Cost - $49,969.00. (468- 82570/742684/480-360) g. Lateral 4, Main 16, Southwest Interceptor to serve Horseshoe Lake Addition (north of 21st, east of Ridge) - Total Cost - $144,704.80. (468- 82596/742692/480-361) h. Lateral 5, Main 16, Southwest Interceptor to serve Horseshoe Lake & Cox Machine Addition (north of 21st, east of Ridge) - Total Cost - $101,064.94. (468- 82597/742700/480-362) i. Lateral 130, WIS to serve Fox Pointe Second Addition (west of Webb, south of 29th) - Total Cost - $74,250.23. (468-82580/742718/480-363) j. Lateral 13, Main 17, Southwest Interceptor Sewer to serve Forest Lakes Addition (north of 29th, west of Ridge) - Total Cost - $86,655.61. (468-82577/742726/480- 364) k. Lateral 13, Main 13, Southwest Interceptor to serve Lark Third Addition (south of Kellogg, east of 119th Street West) - Total Cost - $211,901.01. (468- 82611/742734/480-365) l. Lateral 90, Sanitary Sewer #23 to serve Crigler Addition (north of 21st, east of Hillside) - Total Cost - $11,967.42. (468-82582/742742/480-366) m. Lateral 68, Main 22, WIS to serve Bradley Fair Second Addition (south of 21st, east of Webb) - Total Cost - $31,417.38. (468-82600/742759/480-367) n. Lateral 123, Westlink Sewer to serve Bradford North Addition (west of Tyler, south of 29th Street North) - Total Cost - $312,758.00 (468-82566/742767/480-368) o. Lateral 73, Sanitary Sewer #23 to serve The Moorings Sixth Addition (west of Meridian, south of 53rd Street North) - Total Cost - $26,859.59. (468-82132/742775/480- 369) p. Lateral 120, Westlink Sewer to serve Graf-Goldston and Graf-Goldston Second Additions (south of 21st, east of Maize) - Total Cost - $50,334.21. (468-82546/742783/480- 370) q. Lateral 128, War Industries Sewer to serve Capital Second Addition (south of 13th, west of Rock) - Total Cost - $15,031.27. (468-82559/742890/480-381) r. Lateral 70, Main 22, War Industries Sewer to serve Home Design Center Third Addition (north of 29th Street North, east of Rock) - Total Cost - $12,094.91. (468- 82634/742916/480-383) s. Storm Water Sewer #471 to serve Friends University Addition (south of Maple, east of Meridian) - Total Cost - $338,302.00. (468-82552/750752/485-111) t. Storm Water Drain #117 to serve Hickory Creek Estates Addition (south of 13th, west of 119th Street West) - Total Cost - $228,078.84. (468-82564/750778/485-113) u. Storm Water Sewer #474 to serve Fox Pointe Second Addition (west of Webb Road, south of 29th Street North) - Total Cost - $19,900.24. (468-82579/750794/485-115) v. Storm Water Drain #121 to serve Lark Third Addition (south of Kellogg, east of 119th Street West) - Total Cost - $218,346.79. (468-82613/750802/485-116) Motion -- Knight moved that the Statements of Cost be received and filed and the proposed -- carried assessment rolls be prepared. Motion carried 7 to 0. 100 PERCENT PETITIONS SANITARY SEWER TO SERVE LOTS 4 AND 5, BLOCK 1, WHEATRIDGE ADDITION (NORTH OF KELLOGG, WEST OF 119TH STREET WEST) (District V) Agenda Report No. 97-084. The signatures on the petition represent 100% of the improvement district. Wheatridge Addition was developed in the 1960's outside of the Wichita city limits. It is served by private septic tank systems. The estimated project cost is $23,000. The funding source is special assessments. Motion -- Knight moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-97- 016 Resolution of findings of advisability and Resolution authorizing construction of Lateral 27, Main 1, Cowskin Interceptor Sewer to serve Lots 4 and 5, Block 1, in Wheatridge Addition (north of Kellogg, west of 119th Street West) 468-82669 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. PAVING AND DRAINAGE IMPROVEMENTS TO SERVE TURTLE RUN THIRD ADDITION (SOUTH OF PAWNEE, WEST OF WEBB) (District II) Agenda Report No. 97-085. On April 2, 1996, the City Council approved paving and drainage petitions to serve Turtle Run 3rd Addition. Based on recent bid prices, it is doubtful that the original petition amounts are high enough to award construction contracts. New petitions with increased budgets have been submitted. The signatures of the new petitions represent 100% of the improvement district. The original petitions totaled $192,000. The new petitions total $265,000. The funding source is Special Assessments. State Statutes provide that a petition is valid if signed by a majority of property owners or by owners of the majority of the property in the improvement district. It is recommended that the City Council 1) Approve the Petitions, 2) Adopt the Resolutions (hold for development) and 3) Authorize the Mayor to execute. Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted (hold -- carried for development) Motion carried 7 to 0. RESOLUTION NO. R-97- 017 Resolution of findings of advisability and Resolution authorizing improving of Cooper from the south line of Carson to the south line of Pawnee Avenue (south of Pawnee, west of Webb) (472-82702) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-97- 018 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Sewer No. 476 to serve Turtle Run Third addition (south of Pawnee, west of Webb Road) (468-82590) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. ADVISORY BOARDS MINUTES OF ADVISORY BOARDS. Board of Electrical Appeals, 1/14/97 CPO Northeast Council 1, 1/13/97 Metropolitan Area Planning Commission, 12/19/96 Public Art Advisory Board, 1/9/97 Wichita Mid-Continent Airport Authority, 1/6/97 Wichita Public Library, 1/21/97 Wichita/Sedgwick County Board of Health, 1/9/97 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 7 to 0. STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. There were no closures considered. ENGINEERING CONTRACTS DESIGN SERVICES FOR PEMBROOK & PEMBROOK SECOND ADDITIONS. (District I) Agenda Report No. 97-086. The City Council approved Pembrook and Pembrook Second Addition plats on April 23, 1996. The proposed Agreement between the City and Professional Engineering Consultants, P.A. (PEC) provides for the design of Lateral 71, Main 5, Sanitary Sewer Number 23; Water Distribution System No. 448-89028; and paving Battin, Battin Court and sidewalk (east of Oliver, south of 29th Street North). Because PEC provided subdivision engineering services for this addition, it can expedite construction plan preparation. Payment will be on a lump sum basis not to exceed $29,500 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 7 to 0. DESIGN SERVICES FOR THE COURTS SECOND ADDITION. (District I) Agenda Report No. 97-087. The City Council approved The Courts II Addition plat on July 12, 1988. The proposed Agreement between the City and Baughman Company, P.A. provides for the design of paving 27th Street North, Parkwood, Parkwood Court and "L" type hammerhead turnaround on Edgemoor (east of Oliver, south of 29th Street North). 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 $12,700 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 7 to 0. FOULSTON & SIEFKIN AMENDMENT TO AGREEMENT WITH FOULSTON & SIEFKIN FOR LEGAL SERVICES. Agenda Report No. 97-088. In 1996, the City retained the law firm of Foulston & Siefkin, L.L.P., to provide services on certain issues raised in connection with its refundings of general obligation bonds initially issued to finance the cases of special assessment. The original contract provided for compensation limited to $9,999, and it has become necessary to spend additional sums to bring the matter to closure. The additional sum covered by the Amendment is $1, 821.00 as necessary to compensate for completion of matter. The charges are reasonable in amount for the legal services involved. The additional amount under this amendment will be paid from administrative expenses associated with bond sales. The appropriate means to approve the additional payment is an Amendment to the original contract, raising the expenditure limit. The City Attorney's Office has prepared the Amendment. Motion -- Knight moved that the Agreement Amend. be approved and the Mayor be authorized -- carried to execute. Motion carried 7 to 0. 1997 PARK CIP 1997 PARK CIP PROJECTS: PARK LIGHTING, PARK SIDEWALKS AND PARK BICYCLE PATHS. (All Districts) Agenda Report No. 97-089. The 1997 Capital Improvement Program includes projects to: 1) improve lighting in various City parks (CIP No. P-91, page 222); 2) construct and repair sidewalks (CIP No. P- 89, page 237); and 3) repair park bike paths (CIP No. P-105, page 230). The projects will improve public safety, ensure compliance with ADA requirements, and continue implementation of the Comprehensive Bicycle Plan. Project budgets are: Park Lighting - $50,000; Park Sidewalks - $20,000; and Bike Paths - $50,000. The funding source is General Obligation Bonds. Motion -- Knight moved that the Projects be approved and the Resolutions be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-97- 019 A Resolution authorizing the issuance of bonds by the city of Wichita at large for improvements to outdoor lights in public parks (472-82791), presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-97- 020 A Resolution authorizing the issuance of bonds by the city of Wichita at large for improvements to sidewalks and pedestrian paths in public parks (472-82793), presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-97- 021 A Resolution authorizing the issuance of bonds by the city of Wichita at large for improvements to Bicycle paths in public parks (472-82792), presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. 1997 STORMWATER 1997 STORM WATER UTILITY NEIGHBORHOOD DRAINAGE PROGRAM. (District I & VI) Agenda Report No. 97-090. Funding is allocated in the Storm Water Utility budget to address small neighborhood drainage projects. Storm Water staff receives complaints from citizens throughout the City concerning drainage problems. Funding is not sufficient to address all of the locations. Locations are prioritized based on cost and severity of the problem. Following is a list of previously approved projects that have been completed in prior years of the program. Grove Street, 14th to 17th District 1 Central and Mission District 2 Central Riverside Park District 6 Seneca and 35th St. N. District 6 Mead and Marion District 3 Meridian and Casado Ct. District 4 Street Drainage MacDonald Park District 1 Alley S. of Lincoln, E. of Governeour District 2 Douglas and Bleckley District 2 Westerlea Addn.Maple-Taft;E, of Tyler District 5 There continues to be more projects than funding allows the Utility to complete. A review of projects is currently ongoing to establish estimated project costs in order to maximize the available funding. A second phase of the 1997 program will be brought to the Council at a future date when staff has better evaluated the estimated costs of additional projects. At this time the Storm Water Management Division is proposing to initiate only the three following projects. . Bluff, North of 21st St. No. $150,000.00 District 1 . 19th St. N. and Hillside (New) $ 25,000.00 District 1 . *Hydraulic Line repairs to Lincoln Dam (New)$ 80,000.00 District 6 *Leaks in the Hydraulic lines running across the bridge were discovered during routine maintenance. This work is in addition to the repairs currently under way in the control vault. The projects will be funded by cash from the 'Hot Spot' Storm Water Utility Operating budget. The amount budgeted for 1997 is $430,000.00 Motion -- Knight moved that Phase I of the 1997 "Hot Spot" Program be approved. Motion -- carried carried 7 to 0. BIOSOLIDS MANAGEMENT BIOSOLIDS MANAGEMENT FACILITIES - CHANGE ORDER #4. (All Districts) Agenda Report No. 97-091. The Biosolids Treatment & Management Plan improvements are being administered under three (3) separate contracts. Contract #1, Emergency Sludge Storage Basins (project completed), Contract #2, Plant #1 & Plant #2 improvements (BRB Contractors - $17,999,000) and Contract #3. Dondlinger & Sons was the low bidder for the Contract #3 improvements at $3,405,000 (project completed). Contract #2 is the main project contract for improvements to Plant #1 and Plant #2 in response to federal biosolids treatment and disposal regulations. This project is scheduled for completion in November, 1997. Change Order #4 is a combination of eleven (11) items. The items and associated costs are as follows. - Plant #1 sluicing system modifications -$ 5,907.00 - Modify manual transfer switches -$ 4,335.00 - Change road radius, add paving -$ 985.00 - Relocate existing conduit & wiring -$ 742.00 - Trip module at SBA & SBB switchboards -$ 1,351.00 - Wall/fire damper at existing O&M Bldg. -$ 2,238.00 - Delete Plant #1 office boiler - $(7,954.00) - Paint MCC room addition - interior -$ 1,622.00 - Interlocks at Plant #1 dewatering unit -$ 965.00 - Electrical modifications - $ 4,621.00 - Add valves DAFT pressure vessels -$ 8,328.00 TOTAL $23,140.00 The total of Change Order #4 represents 0.129% of the original project cost. Staff believes that in all cases, the Change Order improvements represent added value to the City. The project to date change orders represent 1.5% of the original bid of $17.999 million. Sufficient funds remain in CIP S-500, approved by Council on February 7, 1995 to cover the cost of the work. The change order has been reviewed and approved as to form by the Law Department. Change Orders in excess of $10,000 require approval by the City Council. Motion -- Knight moved that the Change Change Order #4 be approved and the Mayor be -- carried authorized to sign. Motion carried 7 to 0. STOP SIGN REQUEST STOP SIGN REQUEST AT OLD MANOR AND ENGLISH. (District II) Agenda Report No. 97-092. On July 18, 1996, a resident who lives in the vicinity of the intersection of English and Old Manor contacted the Traffic Engineering office to request stop signs on English at Old Manor to reduce speeding. An engineering study was initiated shortly after the request was received. The study included a visual observation of the intersection area to observe traffic flow and determine if there were any obstructions to motorists' vision. The study also included counting the traffic on both streets for a 24-hour period and reviewing past traffic accident data. The traffic study revealed the following: 1) The intersection had no obstructions to motorists' vision. 2) Both streets carried a combined total of 364 vehicles per day entering the intersection from all four approaches, with a maximum of 37 vehicles entering during any one hour. 3) One accident was reported during the period from January 1992 through July 1996 (no accidents were reported in the remainder of 1996). Upon completion of the study, the resident was advised that stop signs were not justified. The resident appealed the Traffic Engineer's decision and ultimately contacted Council Member Kamen. After this contact, it was decided to present this matter to the Traffic Commission. On November 19, 1996, this item was presented to the Traffic Commission. The Traffic Commission voted unanimously to recommend installation of stop signs. A speed zone survey taken after the Traffic Commission meeting revealed that the average speed on English was 23 m.p.h., with only 6% of the traffic exceeding the speed limit of 30 m.p.h. The maximum speed reported was less than 35 m.p.h. None of the typical Traffic Engineering indicators (traffic volumes, accidents, intersection peculiarities) warrant the installation of stop signs. In addition, Traffic Engineering practice dictates that stop signs are not meant to control speeding and should not be used for that purpose. Instead, stop or yield signs are installed to assign right-of-way to control intersections that have a relatively large number of entering vehicles or that are experiencing accident problems which cannot be remedied by other means. The intersection of English and Old Manor simply does not possess any unusual characteristics that warrant the installation of stop signs. Motion -- carried Knight moved that the report be received and filed. Motion carried 7 to 0. 1997 LIQUOR TAX 1997 SPECIAL LIQUOR TAX FUND CONTRACTS. (District VI) Agenda Report No. 97-083. The City Council approved 1997 Special Liquor Tax allocations for the following programs: COMCARE Addiction Treatment Services (ATS) $42,770 COMCARE Women's Alcoholism Treatment Services (WATS) $ 16,760 The contract with the COMCARE Addiction Treatment Services (ATS) for 1997 will provide outpatient substance abuse services at the following levels: 287 new primary client admissions; 51 secondary client admissions; 204 primary group sessions; 21 secondary group sessions and 54 chemical addiction evaluations. ATS 's Continuation component met all 1996 goals and objectives; the African American component did not meet all of its goals. (City Council District 6)The contract with the COMCARE Women's Alcoholism Treatment Services (WATS) for 1997 will provide specialized outpatient substance abuse services for women and children of alcoholics in the following categories: 108 intake evaluations; 432 individual sessions for female substance abusers; 432 individual sessions for family members; 84 group sessions for family members; 24 group sessions for adolescents; 108 group sessions for female substance abusers and 24 recovery enrichment group sessions. WATS met or greatly exceeded all 1996 goals and objectives. (City Council District 6) The terms of the contracts are for the period January 1, 1997 through December 31, 1997. The funding source is special liquor tax funds and the contract amounts are as follows: Applicants Requested Actual County Actual City Amount Allocation Allocation COMCARE Addiction $108,760 $ 42,770 $30,000 Treatment Services (ATS) (Total $72,770) COMCARE Women's $101,561 $ 16,760 $25,104 Alcoholism Treatment (Total $41,864) Services (WATS) Motion -- Knight moved that the contracts be approved and the Mayor be authorized to sign. -- carried Motion carried 7 to 0. PUBLIC HOUSING REVISED PUBLIC HOUSING DWELLING LEASES. (Districts I, III, IV, V and VI) Agenda Report No. 97-094. On September 19, 1996, the Board of Housing Commissioners adopted a Resolution supporting the "One Strike, You're Out" policy. An element of the One Strike initiative is to review the current Dwelling Lease for compliance with this policy. Staff has met with legal council and prepared a revised Dwelling Lease for review and implementation. The revision began with a review of the One Strike regulations and the examination of several Dwelling Leases in use by Housing Authorities with an aggressive stance against crime. In addition to improving the legal content of the Lease, changes have been suggested that make the Lease easier for tenants to read and understand. Some elements of the Lease have been highlighted to stress their importance. A definition page has been included, and terms have been used more consistently. In some cases, greater detail has been used to insure the readers understanding. Material changes to the Lease include a statement of zero tolerance, clarification that eviction proceeds continue regardless of the status of criminal charges, clarification that any kind of activity involving controlled substances is prohibited, and an expansion of the section describing prohibited activities. Finally, the Lease was reviewed for consistency with the Housing Authorities' financial software. Financial penalties established in the Lease can now be calculated automatically with existing software programs. The Revised Dwelling Lease was recommended for approval by the Board of Housing Commissioners on January 16, 1997. Motion -- Knight moved that the Revised Lease be approved and submittal to Housing and -- carried Urban Development be authorized. Motion carried 7 to 0. EASEMENT ACQUISITION EASEMENT ACQUISITION - EQUUS BEDS GROUNDWATER RECHARGE DEMONSTRATION PROJECT - HARVEY & SEDGWICK COUNTY. Agenda Report No. 97-095. In November, 1995 the City Council approved the Equus Beds Groundwater Recharge Demonstration Project. The demonstration project is a phased, small-scale, investigative $3.4 million trial project to test the feasibility of a full- scale $106 million groundwater recharge, storage and recovery project to obtain state approval. The groundwater recharge project includes the capture of above base flow water (water which is generated from rainfall runoff above the base river flow) in the Little Arkansas River, the transfer to and storage of captured water in the aquifer, and the recovery and use of this captured water to meet future demands for Wichita, Halstead, Newton, Hutchinson, Mcpherson, Valley Center and other communities. The Equus Beds Aquifer underlies portions of Sedgwick, Harvey, McPherson and Reno Counties and is located within the boundaries of Groundwater Management District No. 2. Since the 1950's water levels in the aquifer have dropped 20 to 40 feet as a result of heavy utilization. The project includes a field testing program, with $1.9 million to construct a data collection network to monitor groundwater, surface water, and water quality and to test and demonstrate the feasibility of the groundwater recharge plan. Sites for the testing and easements accessing them were selected by the project consultants Burns & McDonnell. The proposed easements will be used for the 12-inch water lines that will take water from the Little Arkansas River, process the water and pump it into the Equus Beds. The proposed lines are each approximately two miles long and will require 12 permanent and one land fee acquisition containing a total of 83.25 acres. The City has successfully negotiated the purchase of the following tracts: Tract #1a & #1c- WeberTrust $ 4,000.00 6.30 acres Harvey Tract #2 - Bill Olds 4,950.00 10.10 acres Harvey Tract #4 - James Thies 5,300.00 9.00 acres Harvey Tract #5 - Wayne Hall 450.00 0.45 acres Sedgwick Tract #6 - Schowalter 3,600.00 6.00 acres Sedgwick Tract #7 & #9- Steven Hines 5,400.00 9.00 acres Sedgwick Tract #8 - Jack Trust 1,800.00 3.00 acres Sedgwick $ 25,500.00 43.85 acres The easements were appraised and reviewed according to federal guidelines. The appraised sales values were offered and accepted by the owners listed. Funds for property acquisition are available through the Water Supply Plan (Phase I and II), Equus Beds Groundwater Recharge Demonstration Project, CIP Project #W-403, as approved by the Council in November of 1995. A budget of $26,500.00 includes: $25,500.00 for acquisition of the nine easements and $1,000.00 for closing fee, recording costs, etc. Motion -- Knight moved that the Budget be approved, the Easement Agreements be approved and -- carried the Mayor be authorized to sign any necessary documents. Motion carried 7 to 0. MAPLE/LEWIS STREET MAPLE/LEWIS STREET BRIDGE OVER THE ARKANSAS RIVER. Agenda Report No. 97-096. The 1997 Capital Improvement Program contains a project to reconstruct the Maple/Lewis Street Bridge (CIP No. CA-9247, page 8). The design concept was developed following review and comment by affected private and community groups. The City Council has approved the design. The existing bridge was constructed in 1922 and shows visible signs of surface and structural deterioration. This project will improve the capacity and safety of the bridge while also incorporating special architectural features and pedestrian amenities, while respecting the historic character of the area. The Maple/Lewis CIP amount is $5,550,000. The design costs of $472,500 were authorized with adoption of Ordinance No. 43-175, adopted July 23, 1996. The construction amount being authorized with this Item will be for an amount not to exceed $5,077.500. The funding source is General Obligation Bonds. The bridge will be closed to through traffic until late this year, at which time it will be open to one lane of traffic in each direction during the day and two lanes of traffic in each direction at night. Motion -- Knight moved that the project be approved and the Ordinance be placed on first -- carried reading. Motion passed 7 to 0. ORDINANCE An Ordinance declaring the Maple/Lewis Bridge over the Arkansas River (472-82720), to be a main trafficway within the City of Wichita,Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, introduced and under the rules laid over. COMMUNITY ARTS CENTER ARCHITECTURAL SERVICES FOR THE COMMUNITY ARTS CENTER. This Item was pulled from the Agenda. CLAIMS ALLOWED REPORT ON CLAIMS ALLOWED - DECEMBER, 1996. Name of Claimant Amount Brenda E. Stover $ 321.35 Loretta Jansson $ 589.28 Jerry G. Bradburn $ 994.40 Gorman T. Wheatley $1,310.51 Dennis Albrecht $ 242.76 Belinda Anderson $ 223.54 David Chapman $ 194.65 Stanley Entz $ 268.54 Greg Fox $ 294.10 Motion -- carried Knight moved that the report be received and filed. Motion carried 7 to 0. STREET LIGHT STREET LIGHT RESOLUTION #1-97. Motion -- carried Knight moved that the Resolution be approved. Motion carried 7 to 0. RESOLUTION NO. R-97- 022 A Resolution authorizing and directing Kansas Gas and Electric, a Western Resources Company, to install and/or change certain street lights in the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. ORDINANCES SECOND READING ORDINANCES. (First Reading 2/4/97) ORDINANCE NO. 43-361 Murdock Bridge An Ordinance declaring Murdock Avenue Bridge over the Wichita Drainage Canal (472-82784) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. ORDINANCE NO. 43-362 Tyler (29th - 1/4 M S) An Ordinance declaring the Tyler from 29th Street North to 1/4 mile south (472-82788) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. ORDINANCE NO. 43-363 21st (Hood-Broadway) An Ordinance declaring 21st Street North from Hood to Broadway (472-82783) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. ORDINANCE NO. 43-364 29th (Oliver-Woodlawn) An Ordinance declaring 29th Street North from Oliver to Woodlawn (472-82787) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. ORDINANCE NO. 43-365 Meridian (I-135-North) An Ordinance declaring Meridian from I-235 to the North City Limits (472-82789) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. ORDINANCE NO. 43-366 Central (Oliver-Wdln) An Ordinance declaring Central from Oliver to Woodlawn (472-82786) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. PLANNING AGENDA Marvin Krout Director of Planning stated that Items 45 through 49 could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Knight moved that Planning Agenda Items 45 through 49 be approved as consensus -- carried Items. Motion carried 7 to 0. V-1978 PUBLIC HEARING - V-1978 - REQUEST TO VACATE A STREET DEDICATION AND BUILDING (Item 35) SETBACK LOCATED IN AN AREA WEST OF WEST STREET AND SOUTH OF 31ST STREET SOUTH CIRCLE AND INTERSTATE 235. (District IV) Agenda Report No. 97-098. Staff Recommendation: Approve vacation of street dedication and building setback. MAPC Recommendation: Approve vacation of street dedication and building setback. The applicant requested the vacation and setback vacation in order to construct a cul-de-sac. A separate utility easement has been granted for existing services located within the vacation area and a new cul-de-sac has been dedicated. Documents Dedication from Marvin D. and Sharon Knetzer, and Waste Management of Kansas, Inc., for part Lot 5, Metro West Industrial Park, SE 1/4 Sec. 2, TWP 28S, R1W. AND Part NE 1/4 Sec. 11, TWP 28S, R1w. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Knight moved that the public hearing be closed, the dedication and vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order and the dedication be recorded with the Register of -- carried Deeds. Motion carried 7 to 0. V-1993 PUBLIC HEARING - V-1993 - REQUEST TO VACATE A STREET AND ALLEY RIGHT-OF-WAY (Item No. 36) LOCATED IN AN AREA BETWEEN BROADWAY AND TOPEKA STREETS, SOUTH OF 17TH STREET, AND AN ALLEYWAY RUNNING FROM 16TH STREET TO ARNOLD STREET LYING BETWEEN BROADWAY AND TOPEKA STREETS. (District VI) Agenda Report No. 97-099. Staff Recommendation: Approve vacation of street and alley right-of-way. MAPC Recommendation: Approve vacation of street and alley right-of-way. (unanimous) The applicant wishes to vacate a street and alleyway in order to better utilize his adjacent property. The applicant has dedicated access control except for the existing openings along the east side of Broadway between the north line of 16th Street North and the south line of Arnold as requested by the MAPC. The applicant has also dedicated the alley right- of-way and street right- of-way as a utility/fire lane easement. The applicant has complied with all of the conditions set forth by the MAPC. City Engineering has indicated that this vacation along with the dedication of access control and the dedication of the utility/fire lane easement is acceptable. The vacation request has been reviewed and approved by the Planning Commission, subject to conditions. No members of the public addressed the MAPC in opposition to this request. Documents Utility Easement from Dennis and Cherry Howe for the West 4 feet of Reserve "D" in Ford's Addition; and a Covenant for Access Control from Jerry A. and Linda J. King for Odd numbered Lots 5 through 335 on Lawrence, now Broadway, ford's Addition. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Knight moved that the public hearing be closed, the documents and vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order and the documents be recorded with the Register of -- carried Deeds. Motion carried 7 to 0. V-2002 PUBLIC HEARING - V-2002 - REQUEST TO VACATE ACCESS CONTROL LOCATED IN AN AREA (Item No. 37) SOUTH OF 37TH STREET NORTH AND WEST OF OHIO. (District VI) Agenda Report No. 97-100. The vacation request is being made in order to provide access to the lot from 37th Street. The proposed access opening will be to service the applicant's office only, and not for heavy truck traffic. The opening will have a maximum width of 24 feet in order to limit the size of vehicles using this access opening. Traffic Engineering has indicated that the access opening should have no adverse impacts. The vacation request has been reviewed and approved by the Planning Commission, subject to conditions. No members of the public addressed MAPC in opposition to this request. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Knight moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order be recorded with the Register of Deeds. Motion carried -- carried 7 to 0. V-2003 PUBLIC HEARING - V-2003 - REQUEST TO VACATE A BUILDING SETBACK LOCATED IN THE (Item No. 38) VICINITY OF 37TH STREET NORTH AND ROCK ROAD. (District II) Agenda Report No. 97-101. The applicant wishes to vacate a portion of a platted building setback in order to construct a new home. The lot was platted with a 30' building setback from Rock Road. The applicant is requesting a 6-foot reduction in the 30 foot platted setback to Rock Road to accommodate the building foot print. City Engineering and the utility representatives of the Subdivision Committee indicated that no utilities are impacted by this vacation. The vacation request has been reviewed and approved by the Planning Commission, subject to conditions. No members of the public addressed MAPC in opposition to this request. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Knight moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order be recorded with the Register of Deeds. Motion carried -- carried 7 to 0. V-2004 PUBLIC HEARING - V-2004 - REQUEST TO VACATE A DRAINAGE EASEMENT LOCATED IN AN (Item No. 39) AREA NORTH OF 55TH STREET SOUTH AND WEST OF MOSLEY. (District IV) Agenda Report No. 97-102. Marvin Krout Marvin Krout Director of Planning reviewed the Item for the City Council. The applicant wishes to remove an unneeded drainage easement from the site. The drainage easement was provided for in the original development but during development a different drainage routing was used. City Engineering and the utility representatives of the Subdivision Committee indicate that no facilities are located within the easement therefore the drainage easement may be vacated. The vacation request has been reviewed and approved by the Planning Commission, subject to conditions. No members of the public addressed MAPC in opposition to this request. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Knight moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order be recorded with the Register of Deeds. Motion carried -- carried 7 to 0. V-2005 PUBLIC HEARING - V-2005 - REQUEST TO VACATE UTILITY EASEMENT/BUILDING SETBACK (Item No. 40) LOCATED IN AN AREA NORTH OF PAWNEE AND EAST OF MAIZE ROAD. (District V) Agenda Report No. 97-103. Staff Recommendation: Approve vacation of easement/building setback. MAPC Recommendation: Approve vacation of easement/building setback. The applicant wishes to vacate a portion of a platted building setback/utility easement in order to clear the title to this property. The house on this lot was inadvertently constructed approximately 2 feet into the front yard setback. City Engineering and the utility representatives of the Subdivision Committee indicated that no utilities are impacted by the vacation. No members of the public addressed MAPC in opposition to this request. The vacation request has been reviewed and approved by the Planning Commission, subject to conditions. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Knight moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order be recorded with the Register of Deeds. Motion carried -- carried 7 to 0. V-2007 PUBLIC HEARING - V-2007 - REQUEST TO VACATE ACCESS CONTROL LOCATED IN AN AREA (Item No. 44) SOUTH OF HARRY AND EAST OF MERIDIAN. (District IV) Agenda Report No. 97-104. Staff Recommendation: Approve vacation of access control. MAPC Recommendation: Approve vacation of access control. The vacation request is being proposed per the direction of the Fire Department. The access opening would provide access to the lot in question from Esthner, which would provide reasonable access in order to comply with the fire code regulations pertaining to fire truck access without undue burden. Traffic Engineering has indicated that the access should have no adverse impacts. No members of the public addressed MAPC in opposition to this request. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Knight moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order be recorded with the Register of Deeds. Motion carried -- carried 7 to 0. V-2009 PUBLIC HEARING - V-2009 - REQUEST TO VACATE STREET RIGHT-OF-WAY LOCATED IN AN (Item No. 42) AREA SOUTH OF MACARTHUR AND EAST OF HYDRAULIC. (District III) Agenda Report No. 97-105. Staff Recommendation: Approve vacation of street right-of-way. MAPC Recommendation: Approve vacation of street right-of-way. The applicant wishes to develop a mobile home park. Due to the design of the mobile home park, Minnesota Street will not be needed. Portions of the right-of-way that contain existing utilities will be retained as utility easements. No members of the public addressed the MAPC in opposition to the request. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Knight moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order be recorded with the Register of Deeds. Motion carried -- carried 7 to 0. V-2010 PUBLIC HEARING - V-2010 - REQUEST TO VACATE A BUILDING SETBACK LOCATED IN AN AREA (Item No. 43) SOUTH OF CENTRAL AND WEST OF 199TH STREET WEST. (District V) Agenda Report No. 97-106. Staff Recommendation: Approve vacation of building setback. MAPC Recommendation: Approve vacation of building setback. The applicant wishes to vacate a portion of a platted building setback in order to clear the title to this property. A corner of the house on this lot was inadvertently constructed approximately 1 1/2 feet into the 25 foot front yard setback. City Engineering and the utility representatives of the Subdivision Committee have indicated that no facilities are impacted by the vacation. No members of the public addressed MAPC in opposition to this request. The vacation request has been reviewed and approved by the Planning Commission, subject to conditions. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Knight moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order be recorded with the Register of Deeds. Motion carried -- carried 7 to 0. V-2011 PUBLIC HEARING - V-2011 - REQUEST TO VACATE A BUILDING SETBACK IN AN AREA NORTH (Item No. 44) OF 21ST STREET NORTH AND WEST OF COOLIDGE. (District VI) Agenda Report No. 97-107. Staff Recommendation: Approve vacation of building setback. MAPC Recommendation: Approve vacation of building setback. The applicant is requesting the vacation of a building setback in order to accommodate the building foot print for a proposed Albertson's Supermarket on this site. This site was replatted in September/October of 1996; building setbacks were shown on this plat. Since platting, the applicants have made adjustments to the building plans. These adjusted plans require a setback of 100 feet. An adjustment to the CUP has been made, but the setback must also be vacated on the plat. City Engineering and the utility representatives had indicated that this vacation is acceptable. The vacation request has been reviewed and approved by the Planning Commission, subject to conditions. No members of the public addressed the MAPC in opposition to this request. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Knight moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order be recorded with the Register of Deeds. Motion carried -- carried 7 to 0. A-97-5 A-97-5 - REQUEST FOR ANNEXATION OF PROPERTY ADJOINING THE CITY AND GENERALLY LOCATED NORTH OF 29TH STREET NORTH AND EAST OF TYLER ROAD. Agenda Report No. 97-108. J.V. Van Allen of Freedom Development Inc. has requested that their property be annexed into the City of Wichita. This request is scheduled for consideration by the Wichita City Council during the February 4, 1997 City Council meeting. The tract of land is approximately 44.84 acres in size and is currently undeveloped. The property is located north of 29th Street North and east of Tyler Road. The property is bordered by the current City boundary line as indicated on the referral sheet map. The current use of the property is farmland/agriculture. The proposed use of the property is residential, office and commercial. The land adjoining the property is agriculture as well as the land in the vicinity. There are single-family housing units located mile to the northeast of the property. The current zoning is "SF-20" single-family district under the new Wichita-Sedgwick County Unified Zoning Code. It will convert to the City's "SF-6" single-family district upon annexation. The west 600 feet of the south 600 feet of the property is zoned "LC" Limited Commercial district. When annexed into the city the "LC" Limited Commercial will remain the same. Area zoning is similar to that proposed for this site. "SF-20" Single-Family zoning lies to the northeast and west of the proposed property, "RR" Rural Residential lies to the immediate south and "SF-6" Single-Family lies to the east. The City Engineer's office indicates that city water lines are currently not available for this site. Construction is anticipated sometime this year for a 24 inch main to run from Ridge Road to Tyler along 29th Street North. All interior lots will be served with an 8 inch main. City sewer service is also not available to the area. Property owners, however, are expected to join in with the subdivision to the southeast and tie in to the same lift station they are using, located at 21st Street North and Ridge Road. A contract has been awarded to PEC to do a study of the sanitary sewer in the northwest part of the city. The existing lift station will be evaluated and possibly improved. The site will have access to 29th Street North and Tyler Road. Currently both 29th Street North and Tyler Road are dirt roads. The two streets will be paved according to the new paving policy the city recently adopted. The Wichita Fire Department indicates fire protection can be extended to the requested annexation area within a 4 minute response time from City Fire Station No. 16, located at 1632 North Tyler Road. Upon annexation, police protection will be provided to the area by the Patrol West Bureau of the Wichita Police Department serving the western portion of the City. There are two parks that are in the area, Barrington Park is 0.68 acres, located at 7618 Barrington, and is approximately 1 mile south of the area. Sunset Park is 19.37 acres, located at 17th Street North and Keith and is approximately 1« miles south of the property. The property is located in School District 266 (Maize District) and will remain so after annexation has occurred. This property is located within the urban growth area of the City of Wichita as delineated by the comprehensive plan for the metropolitan area, and is also inside the Policy 32 urban service area. The property is not located within an area that can be served with water and sewer services. The property owners will be responsible for the cost of connecting to water and sewer when the service is requested. Property owners have projected property values, at full build out, to be $17,000,000 for 85 residential units and $1,550,000 for office and commercial improvements. Build out is expected over 4 years. 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 7 to 0. ORDINANCE An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, introduced and under the rules laid over. A- 97-5 A-97-6 A-97-6 - REQUEST FOR ANNEXATION OF PROPERTY ADJOINING THE CITY AND GENERALLY LOCATED SOUTH OF CENTRAL AND EAST OF THE KANSAS STATE HIGHWAY K-96 BYPASS. Agenda Report No. 97-109. Pat Scott of Scott Developers, LC has requested that the company's property be annexed into the City of Wichita. This request is scheduled for consideration by the Wichita City Council during the February 4, 1997 City Council meeting. The tract of land is approximately 44.87 acres in size. The property is located south of Central and east of the K-96 Bypass. The property is bordered by the current City boundary line as indicated on the referral sheet map. The current use of the property is agriculture. The proposed use of the property is for 80 single- family homes. The land adjoining the property to the north is residential and to the southwest is agriculture. Kansas State Highway K-96 Bypass lies to the west of the property and the Kansas Turnpike lies to the east of the property. The current zoning is "SF-20" Single-Family district under the new Wichita-Sedgwick County Unified Zoning Code. It will convert to the City's "SF-6" Single-Family district upon annexation. The property is currently in the process of being platted. A sketch plat of Bridgefield Addition was submitted on December 10, 1996. Zoning districts adjoining the area to the immediate north and northeast are "SF-6" Single-Family and to the east "SF-20" Single-Family. Other zoning in the vicinity is "SF-20" Single-Family to the west, "SF-6" Single-Family to the south and "SF-20" Single-Family and "LC" Limited Commercial to the north. The City Engineer's office indicates that city water lines are available for this site. There is a 20 inch main at Central. Property owners will have to extend a water line from Central in order to obtain water services. All interior lots will be served with 8 inch lines. Property owners will be seeking to obtain sewer services from the Four Mile Creek sewer district. The site will have access to Central, a major arterial running east and west. Another street in the area that will be highly used is 127th Street North, which runs north and south. Both streets are two lane roads, Central is built to county standards, but 127th Street East is asphalt mat. Road improvements for Central are scheduled to take place in 1998 per the Sedgwick County CIP. Construction on Central is to expand the two-lane roadway to a four-lane roadway from Greenwich Road to K-96 Bypass. The Wichita Fire Department indicates fire protection can be extended to the requested annexation area within a 9 minute response time from City Fire Station No. 15, located at 7923 E. Lincoln. According to the city and county's first responder agreement, County Fire Station No. 38, located at 1010 N. 143rd Street East will be able to respond to the area in 3 minutes. Upon annexation, police protection will be provided to the area by the Patrol East Bureau of the Wichita Police Department serving the eastern portion of the City. The closest city park to the area is W.B. Harrison Park, a well used community park, which is approximately 4 miles from the site. The park is located on the east side of Webb Road between Harry and Lincoln and is 40.15 acres. The property is located in School District 385 (Andover District) and will remain so after annexation has occurred. This property is located within the urban growth area of the City of Wichita as delineated by the comprehensive plan for the metropolitan area, and is also inside the Policy 32 urban service area. The property is located within an area that can be served with either city or county public services. The property owners will be responsible for the cost of connecting to water and sewer when the service is requested. Property owners have projected property values of $7,200,000 for 80 homes, valued at $80,000 each. Build out is expected by 1999. 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 7 to 0. ORDINANCE An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, introduced and under the rules laid over. A- 97-6. S/D 96-86 S/D 96-86 - PLAT OF THE FOLIAGE 3RD ADDITION LOCATED NORTH OF 13TH STREET NORTH AND WEST OF WEBB. (District II) Agenda Report No. 97-110. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. A petition, 100%, has been submitted for sanitary sewer improvements. A Certificate of Petitions has also been submitted. This site is within the noise impact area of McConnell AFB and an avigational easement and restrictive noise covenant were required. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. 100 Percent petition for Sanitary Sewer to serve DeVore Property at the Foliage Third Addition (north of 13th, west of Webb) Lateral 31, Main 24, WIS, Project No. 468- 82655 ($20,250 S.A.) (Hold for development) Documents Avigational Easement and Restrictive Covenant from Richard A. DeVore. Motion -- Knight moved that the Petition be approved and the Resolution 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 7 to 0. RESOLUTION NO. R-97- 023 Resolution of findings of advisability and Resolution authorizing Sanitary Sewer to serve Devore Property at the Foliage Third Addition (north of 13th, west of Webb) Lateral 31, Main 24, WIS, Project No. 468-82655 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. S/D 96-70 S/D 96-70 - PLAT OF THE AUTOZONE 2ND ADDITION LOCATED SOUTH OF CENTRAL AND EAST OF I-135. (District IV) Agenda Report No. 97-111. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. This site is in a developed area of the City and utilities are already available. However, a relocation of a sanitary sewer line was required and has been completed by the applicant. The closure of a driveway has also been guaranteed by a cash payment. A zone change (Z-3208) from "B" to "GC" zoning has been approved for a portion of this site subject to platting. The negative Planning Commission vote reflects concern with access to this site being from a substandard width, residential street. 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 authorized to sign; and the associated zone change Z-3208 Ordinance be placed on first reading with publication of the Ordinance being withheld until such time as -- carried the plat has been recorded with the Register of Deeds. Motion carried 7 to 0. D-1709 D-1709 - DEDICATION OF A UTILITY EASEMENT IN AN AREA SOUTH OF 47TH STREET SOUTH AND WEST OF BROADWAY. Agenda Report No. 97-112. MAPC Recommendation: Accept the dedication. In order to extend sanitary sewer to a building site being created by a lot split (L/S-0932), City Engineering required the establishment of this utility easement. The dedication has been reviewed and approved by the Planning Commission. Motion -- Knight moved that the Dedication be accepted and the document be recorded -- carried with the Register of Deeds. Motion carried 7 to 0. EXECUTIVE SESSION Motion -- Knight moved that the Council recess to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to potential litigation and legal advice, and the regular meeting be resumed no sooner than 12:20 p.m. in the City Council Chambers. -- carried Motion carried 7 to 0. RECESS Council recessed at 11:45 a.m. and reconvened in regular session at 12:30 p.m. Mayor Knight Mayor Knight announced that no action was necessary as a result of the executive session. ADJOURNMENT The City Council adjourned at 12:30 p.m. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 163 FEBRUARY 4, 1997 Page 3