MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, October 21, 1997 Tuesday, 9:03 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Lambke, 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. Sue Hyndman, Faith United Church of Christ. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. *Council Member Ferris present. Minutes -- The minutes of the regular meeting of October 7, 1997, and the special -- carried meeting of October 10, 1997, were approved 6 to 0. (Kamen absent) AWARDS AND PRESENTATIONS PROCLAMATIONS Mayor Knight presented the Proclamations that were previously approved. *Council Member Kamen present. SERVICE CITATIONS Mayor Knight presented Distinguished Service Citations to those present. PUBLIC AGENDA MILT POLLITT COMMENTS BY MILT POLLITT. Milt Pollitt, Chair of the Solid Waste Management Committee, said the Committee passed two motions on October 6, 1997, asking the City Council to: (1) Financially support the current recycle drop-off box program for the year commencing January 1, 1998; and (2) Ask for staff support in organizing and promoting city and county citizen participation in "America Recycles Day," a national event, on November 15, 1997. Council Member Kamen Council Member Kamen said he had talked with Margaret Miller and others, and that the Director of Natural Resources is working on items for the public. CARL COFFMAN COMMENTS BY CARL COFFMAN. Mr. Coffman was not present. Motion -- Knight moved that the rules be set aside and Item 11 be taken up out of order. -- carried Motion carried 7 to 0. (Item No. 11) WATER & SEWER UTILITY WATER AND SEWER UTILITY ACTIONS. David Warren Director of Sewer and Water reviewed the Items. (a) Plant Equity Fee Recalculation. Agenda Report No. 97-886. In April 1994, the City Council approved charging Plant Equity fees for water and sewer connections. The fees incorporate a system "buy- in" methodology of the value of current facilities and improvements to provide the necessary capacity to serve new customers. To calculate the fee, the current system equity is divided by treatment capacity. Costs are then allocated to new service connections on the basis of meter capacity ratios based on service size. Implementation of plant equity fees called for a phasing in of the charges over a four-year period for sewer equity fees and over a five-year period for water equity fees. At the end of each period, "full" implementation was to be achieved, i.e. the total calculated equity fee charge was to be assessed to new connections. The table of charges enacted by an Ordinance at the time were based on a 1989 study by the consulting engineering firm of Black & Veatch. Under this structure, full implementation charges for sewer plant equity fee charges for up to a 1" service connection are $330 in 1997. Full implementation was to have been achieved for water plant equity fees at a rate of $1,070 in 1998. Since the factors which combine to produce the fee levels (system equity and treatment capacity) are changeable over time, it is necessary to periodically re-examine the fee structure. Prior to full implementation of the water plant equity fee charges in 1998, the latest calculations indicate that a fee adjustment should be made. The current plant equity fee structure is based on a 1989 study performed by Black & Veatch which updated an original 1986 analysis. In 1995, Black & Veatch updated these fees which resulted in several changes. Specifically, water plant equity fees for service connections up to 1" in size were calculated at $1,070 for full implementation under the current Ordinance. Primarily because of the water treatment plant capacity increasing from 112 million gallons per day in 1989 to 160 million gallons per day at current capacity, the plant equity fee for water connections was recalculated at a rate of $940, which is a decrease of $130. Table 1 as follows recaps the current fee structure for the water plant equity fees and the proposed fee structure based on the revised calculations: Table 1. Comparison of Current and Proposed Water Plant Equity Fee Charges Current Proposed(+)Increase Service Size Charges Charges(- )Decrease 1" and less $ 1,070 $ 940 - $130 1 1/2" 2,140 1,880 - $260 2" 3,424 3,010 - $414 3" 6,420 5,640 - $780 4" 10,700 9,400 - $1,300 6" 21,400 18,800 - $2,600 8" 42,800 30,100 - $12,700 10" N/A 43,200 (*) 12" N/A 81,800 (*) (*) The current rate structure does not differentiate between sizes larger than eight inches. These proposed changes to the water plant equity fees are reflected in the proposed amendments to Code section 17.12.061. Conversely, federally mandated secondary treatment requirements resulted in significant increases in system equity for the Sewer Utility but resulted in related reductions in treatment plant capacity from 65 million gallons per day to 54.4 million gallons per day. The net result is an increase in sewer equity fees from $330 to $500 at full implementation for a connection served by a water service up to 1" in size. Table 2 as follows recaps the current fee structure for the sewer plant equity fees and the proposed fee structure based on the revised calculations: Table 2. Comparison of Current and Proposed Sewer Plant Equity Fee Charges Current Proposed(+)Increase Service Size Charges Charges(- )Decrease 1 " and less $ 330 $ 500 +$170 1 1/2" 660 1,000 +$340 2" 1,056 1,600 +$544 3" 1,980 3,000 +$1,020 4" 3,300 5,000 +$1,700 6" 6,600 10,000 +$3,400 8" 13,200 16,000 +$2,800 10" N/A 23,000 (*) 12" N/A 43,000 (*) (*) The current rate structure does not differentiate between sizes larger than eight inches. These proposed changes to the sewer plant equity fees are reflected in the proposed amendments to Code section 16.14.041. Historical averages indicate that approximately 1,500 applications will be processed annually for water and sewer connections. The number of connections for large service sizes are extremely variable so there is no attempt to project revenues from these sources. For 1998, using connections up to 1" in size and 1,500 connections as a base, the water plant equity fee is estimated to be $1,605,000 and $495,000 in sewer equity fees, totaling $2.10 million in fees. The revised fee structure would be slated to produce $1,410,000 in water plant equity fees $750,000 in sewer plant equity fees, totaling $2.16. The Ordinances have been reviewed and approved as to form by the Law Department. Plant equity fees calculated on the basis of the system buy- in methodology result in a rational and defensible fee structure. Given the fact that the components which combine to produce the rates under this methodology, i.e. system equity and plant capacity, are changeable over time, it is prudent and appropriate to periodically adjust the rates. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the updated fee schedules for the water and sewer plant equity fees be approved and the Ordinances be placed on first reading. Motion carried -- carried 7 to 0. ORDINANCE An Ordinance amending Section 16.14.041 of the Code of the City of Wichita, Kansas, as amended by Ordinance No. 43-491 pertaining to payments of plant equity fees for connection to sewer system and repealing the original thereof, introduced and under the rules laid over. ORDINANCE An Ordinance amending Section 17.12.061 of the Code of the City of Wichita, Kansas, as amended by Ordinance No. 43-492 pertaining to payments of plant equity fees for connection to water system and repealing the original thereof, introduced and under the rules laid over. (b) Meter Replacement. Agenda Report No. 97-887. The Water and Sewer Department has conducted a three-year research project. The objectives were to increase revenues by using meters which record consumption not registered by existing meters, to reduce meter repair costs and to improve metering accuracy. The conclusion is that, in order to increase revenues: (1) conventional meters need to be replaced with full-range meters at accounts served by 2" and larger meters where consumption averages less than eight gallons per minute; and (2) Badger Model 15 meters need to be replaced. For the first part of the research, a comparison between full-range meters and conventional meters was conducted. The results showed that full-range meters recorded an average of 27% more volume than the conventional meters and increased accuracy of metering water usage at 2" and larger meters at low flow rates. The change to full-range meters would enable the Water and Sewer Department to bill customers for water that is currently not registered. Total revenues would increase by approximately $834,000 annually, with $273,000 in annual water sales revenue and $561,000 in annual sewer revenues. The improved capacity to meter entire consumption at the accounts would reduce the percentage of unaccounted water. Full-range meters are available from only one manufacturer, Metron-Farnier, who has agreed to provide meters for the replacement project at prices that were in effect in 1994, a savings of $62,600 compared to current prices. Costs of meter reading equipment and meter installation should not exceed $881,100, resulting in a maximum total project cost of $2,364,100. Staff believes increased revenues will recover the meter replacement cost in less than three years. For the second part of the project, the Department researched reducing meter repair costs and improving metering accuracy. From 1982 through 1987, the Department installed 61,000 Badger 5/8" Model 15 residential and small commercial meters to take advantage of technology. Testing in 1996 revealed that 65% of these meters have enough wear to degrade accuracy. The unregistered consumption is estimated to be as much as 5%. The research showed that replacing these meters with Model 25 meters will increase Utility revenue by as much as $450,000 annually, with $147,000 of the annual increase being water sales revenue and $303,000 being sewer revenue. The 15-year meter warranty obligates Badger to provide replacement meter parts at no charge, but staff asked Badger to offer additional alternatives which would allow the Department to avoid capital costs. First Alternative: Obtain repair parts and repair the Model 15 meters covered by warranty and return them to service. Second Alternative: Replace all Model 15 meters, with Badger providing 33% of the meters at no charge, whether covered by warranty or not. The initial capital cost is $961,600, but the Utility would avoid $473,000 in cost of replacing the meters which Badger would provide free of charge. Digital registers would need to be purchased at a future date at a cost of $2,228,700. Installation is estimated to cost $140,000, resulting in a total cost of $3,545,600. Third Alternative: Replace all Model 15 meters, with Badger providing 65% of the meters at no charge, whether covered by warranty or not, and at the same time, purchase digital registers for all replacement meters. The initial capital cost would be $439,300 for meters, $2,228,700 for registers and $140,000 for installation, resulting in a total cost of $2,808,000. The Utility would avoid $815,800 in cost of replacing the meters which Badger would provide free of charge. The Department recommends Alternative #3. Staff believes increased revenues will recover the meter replacement cost in less than five years. The total cost of the meter replacement program is $5,171,600. The Capital Improvement Program (CIP #W-598, Meter Replacement Program) includes $3.5 million in 1997 and $1 million in 1998. It is recommended that CIP #W-598 be amended to $2.5 million in 1997, $2 million in 1998 and add $700,000 in 1999 to complete the project. In order to maintain the CIP within the overall Water Utility appropriation, it is recommended that CIP #W-67, Distribution Mains Replacement, be decreased by $700,000 in 1999. Revenues generated by this project will offset these costs within five years. Under the provisions of Sec. 2.64.020 of the City Code, the City may negotiate with a supplier and by-pass the public bidding process if the supplies to be purchased are available from only one supplier. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that Capital Improvement Project #W-598 be amended and increased by $700,000 in 1999 and #W-67 be decreased by $700,000 in 1999; the purchase of 1,460 meters with radio frequency meter reading equipment from Metron-Farnier, and the purchase of 21,350 meters and 61,000 digital meter registers from Badger Meter Company be approved; and replacement of meters at residential and -- carried commercial accounts be authorized. Motion carried 7 to 0. UNFINISHED BUSINESS Z-3233 Z-3233 - ZONE CHANGE FROM "SF-6" SINGLE FAMILY RESIDENTIAL TO "MH" MANUFACTURED HOUSING GENERALLY LOCATED NORTH OF 55TH STREET, 1/2 MILE WEST OF SENECA. Continued from September 9, 1997. Marvin Krout Director of Planning reviewed the Item. Motion -- Gale moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the "MH" zoning at 55th Street South, east of Meridian be denied based on the following findings of fact: 1. MH zoning and use of the property would be out of character with the surrounding zoning and land use pattern. The zoning on all sides of the property is single family, and the nearest established area of manufactured or mobile homes is over a mile away. 2. The property can be used for a variety of purposes as it is currently zoned, including lots for single family homes. The applicant has not demonstrated that he tried and failed to market the property under the current zoning. There is evidence in the record of homes with basements existing and being built in this general area, which also indicates the suitability of the property for single family homes. 3. There does not seem to be an overwhelming public need to rezone the property in terms of meeting the demand for manufactured housing in this part of Wichita. The Planning staff report indicates that there is enough vacant land already zoned "MH" in this part of the City to meet the expected demand for the next 15 years or more, and that there is additional land adjacent to existing mobile home parks that would be more suitable to be rezoned and developed as a mobile home park than this property. 4. The Comprehensive Plan maps areas for "medium density residential" use, and the definition of that use includes mobile home parks. The map indicates this property is suitable for "low density residential," not "medium density." Although the applicant proposes to develop the property with a lower density than typical mobile home parks, that land use is still not recommended for the property. 5. The record of the CPO and MAPC hearings shows that neighboring property owners are objecting to the request, and although the MAPC voted to recommend approval, CPO Council 4 has recommended that the request be denied. Also, there have been several protest petitions from the immediate areas as well as nearby neighborhoods with over one hundred signatures of folks with grave concerns. -- carried Motion carried 7 to 0. NEW BUSINESS ST. PAUL PAVING PAVING ST. PAUL FROM WILDWOOD TO 27TH STREET SOUTH. (District IV) Steve Lackey Director of Public Works reviewed the Item. Agenda Report No. 97-880. The signatures on the Petition represent 7 of 12 (25% by area) owners of the improvement district area. CPO Council 4 considered the Petition on September 25, 1997. The Council voted 7-0 to recommend approval. St. Paul is a sand street that serves a neighborhood of single-family homes. The street is difficult to maintain and drains poorly. The estimated project cost is $97,000 with $14,000 paid by the City and $83,000 assessed to the improvement district. The method of assessment is the square foot basis. The estimated rate of assessment to individual properties is $00.62 per square foot of ownership. The City share is for the cost of intersection construction. The funding source is General Obligation Bonds. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Gale moved that the Petition be approved and the Resolution be adopted; and the Staff Screening and Selection Committee be authorized to select a design -- carried engineer. Motion carried 7 to 0. RESOLUTION NO. R-97-468 Resolution of findings of advisability and Resolution authorizing construction of St. Paul from the north line of Wildwood to the north line of 27th Street South, Project No. 472-81878,in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Gale moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. DRINKING ESTABLISHMENT/ PUBLIC HEARING: PROPOSED AMENDMENT TO PROHIBIT MINORS ON THE PREMISES OF CERTAIN RESTAURANT ORDINANCE DRINKING ESTABLISHMENT/RESTAURANTS. Mayor Knight Mayor Knight stated that he would like a little more time to allow Council Members Ferris and Rogers to meet with individuals, representative attorneys, and others interested in this matter, and have the Item returned with recommendations to the City Council at a later date. Council Member Ferris Council Member Ferris said he also wanted the Director of Law and representatives of the Police Department to be present, and asked that license holders be notified of the date and time of the meeting with Council Members Ferris and Rogers. Council Member Kamen Council Member Kamen expressed hope that the business representatives would concentrate on solving the problem for the Police Department and not just focus on their problems. Motion -- Knight moved that this Item be deferred two weeks; that Council Members Ferris and Rogers, the Director of Law, and appropriate Police Department representatives meet with individuals, representative attorneys, and others interested in this matter and return to the Council with recommendations; and that current license holders be notified of the date and time of the meeting with -- carried Council Members Ferris and Rogers. Motion carried 7 to 0. Council Member Rogers left the Bench. Council Member Cole momentarily absent. SEWER PETITION PETITION FOR SANITARY SEWER TO SERVE AN AREA ON THE SOUTH SIDE OF KELLOGG NEAR LARK LANE. (District IV) Steve Lackey Director of Public Works reviewed the Item. Agenda Report No. 97-881. The signatures on the Petition represent 96% (5 of 6 ownerships) of the improvement district area. CPO Council 5 considered the project on September 25, 1997. The Council voted 8-0 to recommend approval. A consultant engineer met with affected property owners to develop the appropriate method of assessment. It was the consensus to spread the assessments as an equal share to each ownership. The proposed sewer line will serve a commercial area currently served by private septic systems. The estimated project cost is $135,000. The funding source is Special Assessments. The estimated assessment to individual properties is $22,500 per ownership. Eric Melgren Eric Melgren, Attorney representing Gene Miles, said Mr. Mile's objection was to the proposed method of assessments. The property owned by Mr. Miles represents a small fraction but the proposed assessment is for one-sixth of the land. This is not equitable and may not be legal. A square footage or front footage assessment would be acceptable. Gary Rebenstorf Director of Law said a review of the proposed assessment has been made and, based on previous court rulings, the fractional basis assessment is proper and would stand up in court. Council Member Kamen Council Member Kamen stated that the proposed method of assessment seemed unfair. Steve Lackey Director of Public Works explained that the petitioners felt the fractional assessment was fair because each property would have the same use of the sewer system. Fractional assessments have been done in the past. Motion -- carried Ferris moved that this Item be deferred one week. Motion carried 6 to 0. (Rogers absent) IRB - GRAND HERITAGE PUBLIC HEARING: ISSUANCE OF TAXABLE INDUSTRIAL REVENUE BONDS FOR GRAND HERITAGE HOTEL - HISTORIC HOTEL PARTNERS OF WICHITA, L.P. (District VI) Allen Bell Financial Projects Director reviewed the Item. Agenda Report No. 97-882. On December 30, 1995, the City Council issued a letter of intent to Grand Heritage Hotels International ("Grand Heritage") for the issuance of industrial revenue bonds in an amount not to exceed $10 million. The bonds will be used to finance the acquisition and renovation of the Ramada Inn at Broadview Place at the corner of Douglas and Waco in downtown Wichita. The City Council also approved a full property tax abatement on the property to be acquired for a ten-year period, to be replaced with certain fixed payments-in- lieu-of-taxes. On December 17, 1996, the City Council approved the issuance of taxable industrial revenue bonds, Series XIV, 1996, in the amount of $6,400,000, to finance the acquisition of the Broadview Hotel, to make capital improvements and to establish a bond reserve account and pay certain other miscellaneous costs. In addition, the City Council agreed to participate in the overall redevelopment project. Requested assistance included securing the release of a HUD lien on the property and the purchase the 248-car parking garage located across Waco from the Hotel, as a special benefit district improvement project, with the entire cost of the project to be assessed against the Hotel property. Another approved item, closure of Waco Street between Douglas Avenue and First Street and construction of a public plaza, also as a special benefit district improvement project, has since been canceled by Grand Heritage. Grand Heritage Hotels International is a privately held organization formed in 1989 by principals experienced in hotel management as well as corporate workouts and turnaround management. Grand Heritage manages in excess of 1,676 rooms in the United States and an additional 1,716 rooms in 35 hotels are operated under the Grand Heritage flag pursuant to franchise and management agreements. Grand Heritage, which owns or operates over 45 hotels in the United States and Europe, specializes in buying deteriorating hotels that are historically significant and transforming them into luxury hotels. Following the City's issuance of the letter of intent, Grand Heritage purchased the Ramada Inn at Broadview Place from the prior owners, Executive Manor of Wichita, and renamed it The Broadview, a Grand Heritage Hotel and immediately began renovations estimated to cost $3.5-$4 million when completed. Renovations will be completed in two phases. In phase one, guest rooms, corridors and group meeting facilities will undergo substantial refurbishment and redecoration. Original plans called for substantial changes to the ground floor area, including moving the lobby to the space now occupied by Chisolm's and expanding and remodeling the space now occupied by the lobby restaurant to provide space for a new, first class restaurant/lounge. These plans have been altered to the extent that the entrance and registration area for the hotel will remain as it is. Phase two renovations will include the renovation of guest rooms on floors 3 through 6, the lobby and the restaurant. Proceeds from the sale of the Phase II bonds will be used to make improvements to the Broadview Hotel as follows: The firm of Hinkle, Eberhart and Elkouri, L.L.C. will serve as bond counsel in the transaction. The bonds will be purchased by Historic Hotel Partners of Wichita, L.P. Grand Heritage agrees to pay all costs of issuing the bonds and agrees to pay the City's $2,500 annual IRB administrative fee for the term of the bonds. A 10-year property tax abatement on improvements to the existing property and a 5-year abatement of taxes on the existing property has been approved. It is estimated that the requested tax abatement for the first year of the second phase of the project will be $64,425, of which $17,865 would be the City portion; $16,901 the County/State portion and $29,659 the USD 259 portion, based on the 1996 mill levy of 112.682 mills. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the Public Hearing be closed; the issuance of $2.5 million taxable industrial revenue bonds be approved and the bond Ordinance be placed on first reading; and the Mayor be authorized to execute the necessary documents. -- carried Motion carried 6 to 0. (Rogers absent) ORDINANCE An Ordinance of the City of Wichita, Kansas, authorizing the issuance of not to exceed $2,500,000 aggregate principal amount of subordinated Taxable Industrial Revenue Bonds, Series XIII, 1997 (Historic Hotel Partners of Wichita, L.P.), for the purpose of providing funds to purchase, acquire, construct, and equip improvements and additions to certain existing facilities located in the City of Wichita, Kansas; prescribing the form and authorizing execution of a first supplemental trust indenture by and between the City and Intrust Bank, N.A., Wichita, Kansas, as trustee with respect to the bonds; prescribing the form and authorizing the execution of a first supplemental lease agreement by and between the City and Historic Hotel Partners of Wichita, L.P.; approving the form of a guaranty agreement by and between Historic Hotel Partners of Wichita, L.P. and the trustee; and prescribing the form and authorizing the execution of a bond placement agreement by and between the City and Historic Hotel Partners of Wichita, L.P., as purchaser of the Series XIII, 1997 bonds, introduced and under the rules laid over. Council Member Rogers present. SAFELITE TAX EXEMPTION PUBLIC HEARING: TAX EXEMPTION REQUEST - SAFELITE GLASS CORPORATION. (District VI) Allen Bell Financial Projects Director reviewed the Item. Agenda Report No. 97-883. Safelite Glass Corp. (Safelite), is a manufacturer of a complete line of replacement auto glass products. Safelite, located at 721 E. Murdock, is requesting a tax exemption on a five-phase, $10,094,076, expansion project. The 5 phases of the project will be individually completed with one phase completed in each year of the years 1997, 1998, 1999, 2000, and 2001. The amount of expenditures for the renovation of real property over the five-year period will be an amount not to exceed $1,813,000 and for personal property an amount not to exceed $8,281,076. Safelite has been engaged in the manufacture of auto glass replacement products since 1947. Safelite, originally named "Service Auto Glass", was formed in Wichita on north Washington. Today, more than 1,000,000 windshields are manufactured at Safelite's two manufacturing facilities located in Wichita and in Enfield, North Carolina. The windshields produced cover a wide range of types, from standard to solar to encapsulated. Safelite continues to invest in retooling and reengineering of its facilities to improve manufacturing processes and expand operations. Safelite has 175 employees and expects to add another 40 new employees over the next 5 years. The $10,094,076 expansion project will consist of the remodeling of buildings and the purchase of machinery and equipment. Under the City's Business Incentives Policy, Safelite is eligible for the following: TAX EXEMPTION ELIGIBILITY ELIGIBLE % INCENTIVE EXPLANATION 55.00% New Job Creation Safelite presently employs 175 full-time employees at its facilities and expects to hire an additional 40 employees within 5 years after starting Phase 1 of the project. 66.47% Capital Impr. Safelite will invest approximately $10,094,076 in the remodeling of buildings and the purchase of additional personal property. 121.47% Total Business Incentives 50.00% TOTAL ELIGIBLE FOR BUSINESS INCENTIVES (Maximum allowed is 50%) 49.15% Export Premium Safelite exports 98.31% of its product outside the State of Kansas 49.15% TOTAL ELIGIBLE FOR EXPORT PREMIUM (Maximum allowed is 50%) 20.0% Location Premium: Safelite is located in an area eligible for this incentive. 100.0% TOTAL EXEMPTION ALLOWED UNDER BUSINESS INCENTIVE POLICY Safelite is eligible for a 100.0% tax exemption for five years on real and personal property and for a 50.0% exemption on real property for a second five years. A notice of public hearing has been published. Safelite will maintain a City of Wichita approved EEO/AA Plan for the full term of the Tax Exemption. The estimated first year taxes on Safelite's proposed $10,094,076 project under the 1996 mill levy on property within the Wichita City limits would be 250,996. Wichita State University Center for Economic Development and Business Research Cost-Benefit Analysis indicates a ratio of 1.84 for the City of Wichita; 1.27 for Sedgwick County; 0.20 for USD 259 and 23.79 for the State of Kansas of benefits to costs with a 100.0 percent exemption for Safelite. Safelite paid $138,020 in existing real and personal property taxes in 1996 and will continue to pay taxes on the existing property. The existing building and personal property will stay on the property tax rolls. The policy exemption equates to $6,275 of exempted taxes per each new job (40 new jobs). The tax exemption will be shared among the taxing entities as follows: City -$69,601; County/State - $65,846; and USD 259 - $115,549. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Council Member Rogers Council Member Rogers stressed the Council's philosophy of utilizing under- utilized contractors and vendors as much as possible. Motion -- Cole moved that the Public Hearing be closed; a tax exemption of 100 percent for five years on the renovation of real property and the purchase of personal property and of 50 percent for a second five years only on the renovation of real property (in accordance with the Business Incentives Policy) be approved; and the -- carried Ordinance be placed on first reading. Motion carried 7 to 0. ORDINANCE An Ordinance exempting property from ad valorem taxation for economic development purposes pursuant to Article 11, Section 13, of the Kansas Constitution; providing the terms and conditions for ad valorem tax exemption; and describing the property of Safelite Glass Corp. so exempted, introduced and under the rules laid over. IRB KEEN KUTTER LETTER OF INTENT FOR KEEN KUTTER DEVELOPMENT. (District VI) Council Member Kamen declared a conflict of interest and abstained from participation. Allen Bell Financial Projects Director reviewed the Item. Agenda Report No. 97-884. The City's preferred developer for Old Town, David Burk, has teamed with Wichita hotel developer Jack DeBoer, to convert the historic Keen Kutter Building at 830 East First Street into a 107-room hotel, modeled on DeBoer's Candlewood Hotel concept. Because of the historic building and preservation requirements, to make the hotel project economically feasible, the developers have asked the City to participate in the initial financing and assist in the development of additional parking. The Keen Kutter building, located in the heart of the Old Town entertainment district and listed on the City register of historic places, is in a severely dilapidated condition. The roof has several large holes and most of the windows have had to be boarded over. The interior walls and floors of the building have suffered considerable damage from long exposure to the elements. Structural engineers have warned that the building will have to be demolished if repairs are not made soon. Under the proposal , Old Town Developer David Burk will serve as turn-key developer to convert the Keen Kutter building into a 107-room limited service, extended-stay hotel. The conceptual design includes historic restoration of the exterior of the building and complete "gutting" and new construction of the interior, with a four-story atrium/lobby. The total cost of the conversion project is estimated to be over $9 million because of the condition and requirements for historic preservation. When the hotel construction is complete, the hotel will be purchased and operated by Jack DeBoer. The proposed Letter of Intent commits the City to provide gap financing of $3.3 million. This financing is the difference between the actual cost of the hotel construction and the cost of the project that can be recovered from the equity or operating income produced by the hotel. In addition, under the proposal, the City will purchase the existing property at a cost of $150,000 and to lease the improved property to DeBoer. DeBoer would pay nominal rent until any bonds issued by the City for the project have been retired, after which the base ground rent would increase to an amount based on the land's actual value. DeBoer will also pay additional rent to the City based on the profitability of the hotel. The City will receive additional rent payments equal to 35% of any profits after DeBoer has received a 16% return on his costs. DeBoer will have an option to purchase the property. Finally, the City is being asked to provide sufficient parking to meet the needs of the hotel as part of a general program to upgrade public parking in the City's core area. The projected real estate property taxes and transient bed taxes paid by the proposed hotel are estimated to provide sufficient revenue to amortize the requested City participation ($3.3 million) in taxable bonds issued to provide the City's contribution to the project costs. Funding for the purchase of the existing Keen Kutter property would be from appropriated general fund reserves. Parking improvements contemplated for the core area will be provided in the Capital Improvement Program. The general terms of agreement between DeBoer and the City are included in a Letter of Intent. The final terms and conditions of the agreement will be negotiated in a Developer's Agreement and Lease Agreement between the parties. David Burk David Burk, Developer, responding to a question, explained that as a turnkey project, he will stay involved until the project is complete and ready to be occupied. The existing building is historic and is on the register. The position and use of the building is critical for the area and will be utilized to the fullest potential. The hotel will bring customers to the area and help solidify downtown. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the Letter of Intent be approved and the Mayor be authorized to -- carried sign. Motion carried 6 to 0. (Kamen abstained) UNIFORM FIRE CODE ORDINANCE AMENDMENTS PERTAINING TO THE 1994 UNIFORM FIRE CODE. Chris Cherches City Manager reviewed the Item. Agenda Report No. 97-888. The current Fire Code adopted the 1991 Edition of the Uniform Fire Code with amendments to certain sections. The Wichita Fire Department has recommended that the 1991 Edition of the Uniform Fire Code be replaced with the 1994 Edition. The Ordinance adopts the 1994 Edition of the Uniform Fire Code, amending and repealing certain sections. Substantive change is provided in the ordinance by providing that appeals of decisions of the Fire Chief, other than for overcrowding violations, will be heard by the Board of Code Standards and Appeals, rather than the City Council. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the Ordinance be placed on first reading. Motion carried -- carried 7 to 0. ORDINANCE An Ordinance amending Sections 15.01.010, 15.01.020, 15.01.030, 15.01.040, 15.01.050, 15.01.060, 15.01.070, 15.01.080, 15.01.090, 15.01.100, 15.01.110, 15.01.120, 15.01.130, 15.01.140, 15.01.150, 15.01.160, and 15.01.170 of the code of the City of Wichita, Kansas, to adopt the 1994 edition of the Uniform Fire Code and City of Wichita amendments thereto, repealing the originals of said Sections and also 15.01.045, 15.01.075, 15.01.095, 15.01.115, 15.01.165, 15.01.180, 15.01.185, 15.01.190, 15.01.200, 15.01.210, 15.01.220, 15.01.250, 15.01.260, 15.01.270, 15.01.275, 15.01.280, 15.01.300, and 15.01.310 of the Code of the City of Wichita, Kansas, introduced and under the rules laid over. HISTORIC REGISTER PROPOSED AGREEMENT WITH THE STATE HISTORIC PRESERVATION OFFICE PERTAINING TO REVIEWS NATIONAL/STATE REGISTER PROJECT AND ENVIRONS REVIEWS. Chris Cherches City Manager reviewed the Item. Agenda Report No. 97-889. In 1977, the Kansas Legislature enacted the State Historic Preservation Act (K.S.A. 75-2725), which gave the SHPO the authority to review all proposed construction and/or demolition projects that directly or indirectly affect State or National Register properties in Kansas. State or local government activities affecting historic properties were also subject to review by the SHPO. The act defined limits for project notification and established penalties for certain violations. Presently, the SHPO is required to determine either: 1) that the proposed project will have no adverse effect on an historic property or its environs; or 2) that the project will "encroach upon, damage or destroy" an historic property or its environs. When the SHPO makes an adverse determination, the project cannot proceed until the Governor or the local political subdivision has made a determination that, after consideration of all the relevant factors, "no feasible or prudent alternative" exists to the proposed project. In 1980, Congress amended the 1966 Historic Preservation Act to expand the State-Federal partnership to include local governments which would participate in local preservation activities. Kansas implemented this Certified Local Government program in 1985, and to date, six municipalities including Wichita now participate in the program. In 1995, the State Historic Preservation Act was amended to allow the SHPO to develop agreements with Certified Local Governments to perform all statutory responsibilities of the Kansas historic preservation law with regard to design review. Planning staff of the Kansas Certified Local Governments and members of the SHPO have met several times over the past two years to discuss the proposed agreement. To date, Hutchinson and Salina have signed the agreement but Wichita, Lawrence, Kansas City and Abilene have not. Under the terms of the proposed agreement, the local Historic Preservation Board would review all projects affecting National/State Register properties or projects affecting the environs of these properties. As part of the agreement, the City would develop a list of project types that could be reviewed and approved administratively by the City's planning staff. These include projects that are considered "Minor," such as reroofs (replacement-in- kind) or facade repair work (brick tuck- pointing, plaster/stone repair) or projects that call for replacing existing materials with new (same-for-same). Projects that the preservation staff deem as "Major," such as replacement of historic materials with inappropriate materials, building demolitions or demolitions to landmark properties will be reviewed by the Board. Additionally, the City can request the assistance of the State Historic Preservation Office in reviewing specific projects which are unusual in nature or of particular significance. As part of the agreement, projects affecting or involving historic properties owned by the State of Kansas or the federal government included in the National Register of Historic Places or the Register of Historic Kansas Places would continue to be reviewed exclusively by the SHPO's office. If the local Historic Preservation Board determines that a proposed project will encroach upon, damage or destroy any historic property or its environs, the City Council could review that project. According to Kansas preservation law, the project may not proceed until the Council has made a determination that there is "no feasible or prudent alternative" to the proposal and that the project includes all possible planning to minimize harm to the historic property or its environs. The City's Historic Preservation Board reviewed the draft agreement in September 1996. A motion was made and approved (6-0) to recommend that the City pursue an agreement with SHPO to transfer responsibility for National/State Register design review to the local preservation board. As the SHPO is needing to be involved in the current efforts to rehabilitate and reuse the Eaton Block, staff believes it would be timely to consummate this agreement. Overall, the agreement would simplify the review process for developers and property owners and reduce time frames. Currently, a project request is reviewed and voted on by the Historic Preservation Board, with the Board's findings then forwarded with supporting data to the SHPO for a final determination as to whether the project would be damaging. Under the new agreement, the Historic Preservation Board would make the only determination on the proposed project, thus eliminating the SHPO's role in the review process. The Historic Preservation Board would then forward local decisions to the SHPO in the form of the Board's regular minutes. The SHPO has authority under State law to intervene after a Council decision, but have indicated to staff that they are wanting to have preservation decisions made on a local level. The Historic Preservation Board and planning staff will utilize the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. When necessary, the SHPO can be requested to provide technical assistance for disciplines not represented on the Historic Preservation Board, or to provide advisory comments on projects. Supplemental guidelines for conducting project reviews have been developed by the SHPO. These are intended to standardize and provide consistency in the manner by which project reviews are carried out in Wichita. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. (This Item was time certain and was taken up later in the meeting but is shown with the New Business Agenda items.) SPECIAL ASSESSMENTS HEARING ON PROPOSED ASSESSMENTS FOR CONSTRUCTION OF WATER PROJECTS: Agenda Report No. 97-885. The Council was notified on September 23, 1997, that the proposed assessment rolls were on file for public inspection in the Special Assessments Section of the City Clerk's office. Notice of hearing was published September 26, 1997, ten days prior to the date of hearing, and affected property owners have been notified in writing. City personnel held an informal hearing October 1, 1997, for the nine water projects. Statements of Special Assessment will be mailed October 31, 1997. The property owners have 30 days from date of statement to pay their assessment and avoid paying interest. The assessments not paid during this period will be in the February Bond Sale and put on the 1998 tax roll over a 15- year spread at the interest rate for which the bonds sell. These projects were initiated pursuant to provisions of K.S.A. 12-6a01 et seq. All were 100% petitions. WATER PROJECTS: a. 448-88984/733279/470-405 - Construction of Water Distribution System No. 448-88984 to serve Bradford North Addition (west of Tyler, south of 29th Street North) as authorized by Resolution No. R-96-038 adopted February 13, 1996, published February 16, 1996; and rescinded by Resolution No. R-96-236 adopted June 11, 1996, and published June 14, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved July 22, 1997, in the amount of $187,744.80 is apportioned $172,725.22 (92 percent) to the improvement district and $15,019.58 (8 percent) to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. b. 448-88934/733386/470-416 - Construction of Water Distribution System No. 448-88934 to serve Northridge Lakes and Northridge Lakes 2nd Additions (east of Tyler, north of 21st) as authorized by Resolution No. R- 95-320 adopted July 25, 1995, published July 28, 1995; and rescinded by Resolution No R-96-372 adopted October 1, 1996, and published October 4, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved July 22, 1997, in the amount of $73,548.30 is apportioned 100 percent to the improvement district and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. c. 448-89066/733410/470-419 - Construction of Water Distribution System No. 448-89066 to serve Auburn Hills 2nd Addition (south of Maple, east of 135th Street West) as authorized by Resolution No. R-96-300 adopted July 30, 1996, and published August 2, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved July 22, 1997, in the amount of $68,081.72 is apportioned 100 percent to the improvement district and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. d. 448-89074/733469/470-424 - Construction of Water Distribution System No. 448-89074 to serve Stonebriar Addition (west of Meridian, south of 47th Street South) as authorized by Resolution No. R-96-340 adopted September 17, 1996, and published September 20, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved July 22, 1997, in the amount of $86,912.65 is apportioned $81,524.07 (93.8 percent) to the improvement district and $5,388.58 (6.2 percent) to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis.. e. 448-88902/733477/470-425 - Construction of Water Distribution System No. 448-88902 to serve Prairie Woods Addition (north of Pawnee, east of Maize) as authorized by Resolution No. R-95-138 adopted March 21, 1995, and published March 24, 1997. Petition for this improvement was signed by owners representing 100 percent of the property owners. The Statement of Cost, approved July 22, 1997, in the amount of $ 20,721.23 is apportioned 100 percent to the improvement district and non to the Water utility Improvement Fund. The cost has been assessed on a fractional basis. f. 448-89090/733501/470-428 - Construction of Water Distribution System No. 448-89090 to serve Four `H' Addition (north of Central, west of Tyler) as authorized by Resolution No. R-96-395 adopted October 29, 1996, and published November 1, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved July 22, 1997, in the amount of $14,339.20 is apportioned 100 percent to the improvement district and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. g. 448-89052/733527/470-430 - Construction of Water Distribution System No. 448-89052 to serve Lark 3rd Addition (south of Kellogg, east of 119th Street West) as authorized by Resolution No. R-96-221 adopted May 21, 1996, and published May 24, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved July 22, 1997, in the amount $65,635.30 is apportioned 100 percent to the improvement district and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. h. 448-88697/733543/470-432 - Construction of Water Distribution System No. 448-88697 to serve Wheatland Addition (south of MacArthur, west of Hoover) as authorized by Resolution No. R-93-171 adopted April 6, 1993, and published April 9, 1993. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved July 22, 1997, in the amount of $40,352.28 is apportioned 100 percent to the improvement district and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. I. 448-89128/733725/470-450 - Construction of Water Distribution System No. 448-89128 to serve Mediterranean Plaza (north of 29th Street North, west of Webb) as authorized by Resolution No. R-97-079 adopted March 25, 1997, published March 28, 1997, corrected and republished April 4, 1997. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved July 22, 1997, in the amount of $18,196.93 is apportioned 100 percent to the improvement district and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the public hearing be closed; the assessments be approved; and -- carried the Ordinances be placed on first reading. Motion carried 7 to 0. ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Water Distribution System No. 448-88984 to serve Bradford North Addition (west of Tyler, south of 29th Street North), introduced and under the rules laid over. ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Water Distribution System No. 448-88934 to serve Northridge Lakes and Northridge Lakes 2nd Additions (east of Tyler, north of 21st), introduced and under the rules laid over. ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Water Distribution System No. 448-89066 to serve Auburn Hills 2nd Addition (south of Maple, east of 135th Street West), introduced and under the rules laid over. ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Water Distribution System No. 448-89074 to serve Stonebriar Addition (west of Meridian, south of 47th Street South), introduced and under the rules laid over. ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Water Distribution System No. 448-88902 to serve Prairie Woods Addition (north of Pawnee, east of Maize), introduced and under the rules laid over. ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Water Distribution System No. 448-89090 to serve Four `H' Addition (north of Central, west of Tyler), introduced and under the rules laid over. ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Water Distribution System No. 448-89052 to serve Lark 3rd Addition (south of Kellogg, east of 119th Street West), introduced and under the rules laid over. ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Water Distribution System No. 448-88697 to serve Wheatland Addition (south of MacArthur, west of Hoover), introduced and under the rules laid over. ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Water Distribution System No. 448-89128 to serve Mediterranean Plaza (north of 29th Street North, west of Webb), introduced and under the rules laid over. CITY COUNCIL AGENDA PROCLAMATIONS PROCLAMATIONS. -- Wichita JROTC/Leadership Week -- Domestic Violence Awareness Month -- Red Ribbon Week Motion -- carried Knight moved that the proclamations be authorized. Motion carried 7 to 0. BOARD APPOINTMENTS BOARD APPOINTMENTS (FOR TERMS EXPIRING JUNE 30, 1999) Board of Appeals of Air Conditioning, Refrigeration, Warm Air Heating and Boilers (2 appointments - Mobile Home Mechanic and Architect) Board of Appeals of Plumbers and Gas Fitters (1 appointment - Public at large) Board of Code Standards and Appeals (2 appointments - City Manager - 1 Citizen at large, 1 Architect) Board of Electrical Appeals (1 appointment - Public at large) Civil Rights and Services Board (1 appointment - Lambke) Commission on the Status of People with Disabilities (1 appointment - Gale) Group Life Insurance Board (2 appointments) Library Board (2 appointments - Lambke) Police and Fire Retirement Board of Trustees (1 appointment - Lambke) Wichita Athletic Commission (3 appointments) Wichita Employees' Retirement Board (1 appointment - Lambke) Wichita-Sedgwick County Board of Health (1 appointment - Veterinarian) Council Member Cole Council Member Cole said she would like a review of the qualifications necessary for the Boards and that recommendation be made that fit the requirements. Council Member Kamen Council Member Kamen suggested looking into whether the Wichita Athletic Commission might be combined with another board. NOTICE OF VACANCIES - WICHITA COMMISSION ON THE STATUS OF WOMEN Two vacancies, due to the nonattendance of Patricia O'Day (Knight) and Martha Ross (Rogers), for terms expiring June 30, 1999. Appointments will be made November 4, 1997. CONSENT AGENDA Knight moved that the Consent Agenda, except Items 30 and 37, be approved in accordance with the recommended action shown thereon. Motion carried 7 to 0. BOARD OF BIDS REPORTS OF THE BOARD OF BIDS AND CONTRACTS DATED OCTOBER 13 AND 20, 1997. At 10:00 a.m., Friday, October 10, 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 October 13, 1997) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS VARIOUS DEPARTMENTS/VARIOUS DIVISIONS: Hot & Cold Mix Asphalt (132225) Group I: Kansas Paving - $38.75 per ton Group II: Cornejo & Sons, Inc. Proposal 1: $40.00 per ton Proposal 2: $43.00 per ton Proposal 3: $43.00 per ton WATER & SEWER DEPARTMENT/SEWAGE TREATMENT DIVISION: Expansion Joints, Retaining Rings & Gaskets (624007 and 632166) Crown Products, Inc. - Alternate Bid - $6,937.34 WATER & SEWER DEPARTMENT/SEWAGE TREATMENT DIVISION: Vertical Turbine Pumps (632166) Pump & Power Equipment, Inc. - $47,445.00 Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid, and the necessary signatures be authorized. Motion carried 7 to 0. At 10:00 a.m., Friday, October 17, 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 October 20, 1997) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Murdock Avenue Sanitary Sewer Repair St. Francis Hospital (468-82707/621-854) Associated Construction System - $66,072.00 Lateral 381, Southwest Interceptor Sewer to serve Forest Lakes West & Forest Lakes Additions) (north of 29th, east of Tyler). (468- 82766/743278/480418) Does not affect existing traffic. (Council approval 9-23-97) (District 5) Nowak Construction - $206,642.00 Water Distribution System to serve Forest Lakes West Addition (north of 29th, east of Tyler). (448-89202/734137/470491) Does not affect existing traffic. (Council approval date 9-23-97) (District 5) Nowak Construction - $69,181.00 Water Distribution System to serve Belle Terre South Addition (south of Kellogg, west of 159th Street East). (448-89176/734103/470488) Does not affect existing traffic. (Council approval date 7-22-97) (District n/a) Mies Construction Co., Inc. - $104,758.00 Water Distribution System to serve Rocky Creek Addition (north of 13th, east of 127th Street East). (448-89163/733899/470467) Does not affect existing traffic. (Council approval date 7-29-97) (District n/a) WBW Contractors - $29,478.00 Limuel Courts from the west line of Limuel to and including the cul-de-sac, serving Lots 1 through 14, from the west line of Limuel West and south to and including cul-de-sac, serving Lots 21 through 26, from the north line of Limuel Court to and including cul-de-sac, serving Lots 15 through 20, and: Limuel Circle from the north line of Limuel Court Northwest to and including Cul-de-sac Auburn Hills 3rd Addition (south of Maple, east of 135th Street West). (472-82853/764514/490554) Does not affect existing traffic. (Council approval date 7-15-97) (District 5) Kansas Paving - $154,151.25 Barton Creek from the south line of 45th to the south line of Lot 1, Block 6; Barton Creek Courts from the south line of Barton Creek to and including the cul-de-sac, serving Lots 1, 2 and 3, Block 3 and Lots 1, 2 and 3, Block 2; from the south line of Barton Creek to and including the cul-de- sac, serving Lots 1, 2 and 3, Block 1, and Lots 4, 5 and 6, Block 2; from the east line of Barton Creek to and including the cul-de-sac, serving Lots 4, 5 and 6, Block 4, and Lots 1, 2 and 3, Block 5; from the east line of Barton Creek to and including the cul-de-sac, serving Lots 4, 5 and 6, Block 5, and Lots 1, 2 and 3, Block 6, and; Sidewalk on the north and west side of Barton Creek from 45th to the south line of Lot 1, Block 6 Willowbend North Addition (west of Rock, south of 45th Street North). (472-82826/764373/490540) Does not affect existing traffic. (Council approval date 6-10-97) (District 2) Kansas Paving - $257,492.50 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. PUBLIC WORKS DEPARTMENT/LANDFILL DIVISION: Brooks Landfill Phase 2 Groundwater Remediation System (131-300) Wildcat Construction Company, Inc. - $916,000 Total B-1 (Add) - $38,400.00 Total B-2 (Deduct) - $ 7,268.00 PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: Miscellaneous Traffic Signal Items (790-766) Group I - Gades Sales Co., Inc. - $ 3,636.80 Group II - Traffic Parts, Inc. - $ 1,087.50 Group III - Mid-American Signal - $10,677.00 PARK AND RECREATION DEPARTMENT/MAINTENANCE DIVISION: Herbicides (173-732 & 173-781) Item 1 - Pueblo Chemical & Supply Co. $3,542.40 Item 2 - Estes Inc. $9,248.00* Item 3 - Pueblo Chemical & Supply Co. $3,675.00 Item 4 - BWI of Springfield $5,232.00 Item 5 - Pueblo Chemical & Supply Co. $1,232.00 *Tie bid decided by coin toss. PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS DIVISION: Street Sweeper (130-807) Key Equipment & Supply Co. - $190,522.00 Option 1 (Deduct) - $ 80,000.00 Option 4 (Add) - $ 60,000.00 Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid, and the necessary signatures be authorized. Motion carried 7 to 0. LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1997 (Consumption on Premises) Teresa J. Roll Pizza Hut #301065*2181 North Rock Road Michael W. Dunagan Cedar Saloon 3906 East 13th Prakan Chotinun Thai-Am Inc. 6249 East 21st #123 dba Royal Orchid Thai Cuisine #2* *General Retailer -- 50% or more of gross receipts derived from sale of food. 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. 1997 Repair of Condemned Sidewalk & Wheelchair Ramp Construction, Phase II (at various locations). (132100/112-000) Traffic to be maintained through construction. (Council approval date 8-13-96) (All Districts) b. 1997 Contract Maintenance Brick Work, Phase I (Old Town). (132241/112-000) Traffic to be maintained through construction. (Council approval date 3-4-97) (District VI) c. 1997 Contract Maintenance Brick Work, Phase II - Placing stamped colored concrete in medians (9th Street North under I-135). (132241/112-000) Traffic to be maintained through construction. (Council approval date 3-4-97) (District I) d. 1997 Contract Maintenance Surface Milling and Asphalt Overlay of Arterial Streets, Phase IV at various locations. (132282/112- 000) Traffic to be maintained through construction. (Council approval date 3-4- 97) (All Districts) e. Brooks Landfill Drainage Project - Contract 97C(R). (131300/230-000) Does not affect existing traffic. (Council approval date 8-13- 96) (District n/a) f. Water Distribution System to serve Lot 3, Mourer Third Addition (north of Harry, west of West). (448-89184/734053/470-483) Does not affect existing traffic. (Council approval date 8-5-97) (District IV) g. 8" Sanitary Sewer reconstructed in the alley east of St. Francis between Second and Third (south of Central, east of Broadway). (468- 82758/621722/533-283) Does not affect existing traffic. (Council approval date 1- 14-97) (District VI) h. Water Distribution System - relocate 12" water line to Santa Fe between Second and Third (south of Central, east of Broadway). (448- 89186/634899/544-144) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 1-7-97) (District VI) 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., October 31, 1997. Motion carried 7 to 0. i. Vest Pocket Park (south side of Douglas, between Market & Broadway). (472-82881/791848/435-213) Does not affect existing traffic. (Council approval date 5-20-97) (District VI) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., November 14, 1997. Motion carried 7 to 0. j. Bicycle Pedestrian Path through Chisholm Creek Park and along K-96 from Oliver to the east City limits (K-96 Highway, Oliver to east of Webb Road). (472-82675/706235/405-186) Traffic to be maintained through construction. (Council approval date 3-19-96) (District n/a) k. Bicycle/Pedestrian Path along the east side of McLean Boulevard from Central to 13th (along McLean and the Arkansas River from Central to 13th). (472-82619/785485/440-079) Traffic to be maintained through construction. (Council approval date 12-19-95) (Districts IV and VI) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., November 21, 1997. Motion carried 7 to 0. SUBDIVISION PLANS AND SPECIFICATIONS. (See page 346 A.) PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. Water Distribution System to serve Auburn Hills 3rd & Auburn Hills Pool House Additions (south of Maple, east of 135th West). (448- 89172/734095/470-487) Does not affect existing traffic. (Council approval date 7- 15-97) (District V) - $52,200.00. b. Lateral 14, Cowskin Interceptor Sewer to serve Auburn Hills 3rd & Auburn Hills Pool House Addition (south of Maple, east of 135th West). (468-82752/743245/480-415) Does not affect existing traffic. (Council approval date 7-15-97) (District V) - $120,000.00. c. 20" Water Main in Webb Road from Pawnee to 1400 feet north of Pawnee (Pawnee & Webb Road). (448-89118/633586/544-532) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 5-13-97) (District n/a) - $169,042.56. d. Water Line in Baehr, north of Douglas. (448- 89187/635417/544-641) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 1-14-97) (District IV) - $40,000.00. Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 7 to 0. STATEMENTS OF COST STATEMENTS OF COST. a. (Third Partial) Land Acquisition - $6,715 (cost of removing structures - $6,526; interim financing - $189). Financing to be issued at this time - $6,715. (785428/440-073) b. (Third Partial) Land Acquisition - $34,833 (cost of land acquisition - $32,998; interim financing - $1,835). Financing to be issued at this time - $34,833. (785444/440-075) c. (Second Partial) Improvements to swim pools - $26,628 (cost of improvements to pools - $25,955; interim financing - $673). Financing to be issued at this time - $26,628. (785568/440-087) d. (Final) Water slides at three pools - $50,900 (cost of three slides - $50,000; interim financing - $900). Financing to be issued at this time - $50,900. (785675/440-099) Motion -- Knight moved that the Statements of Cost be approved and filed. Motion -- carried carried 7 to 0. STATEMENT OF COST (CHESNEY). Acquiring a parking facility located on the east side of Waco from approximately 149 feet north of Douglas to approximately 467 feet north of Douglas - $1,620,000.00 (Building Purchase Price - $1,610,000; Legal fees - $10,000). 472-82692/791509/435-179 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. BOARDS MINUTES MINUTES OF ADVISORY BOARDS. Board of Electrical Appeals, 9/9/97 Board of Zoning Appeals, 8/26/97 Civil Rights & Services Board, 9/15/97 Commission on the Status of People With Disabilities, 9/24/97 Commission on the Status of Women, 10/1/97 CPO Northwest Council 5 Special Meeting, 10/6/97 Metropolitan Area Planning Commission, 8/28/97 Metropolitan Area Planning Commission, 9/11/97 Police & Fire Retirement System of Wichita, KS, 9/24/97 Sister Cities Advisory Board, 9/5/97 Wichita Art Museum Board, 9/25/97 Wichita Employees' Retirement System, 9/24/97 Wichita/Sedgwick County Board of Health, 9/11/97 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 7 to 0. SPECIAL ASSESSMENTS PETITIONS (100%). Agenda Report No. 97-890. The signature on the Petitions represents 100% of the improvement districts. The street improvements will improve access to One Kellogg Place Addition, a commercial development on the south side of Kellogg, east of Greenwich. The Petitions total $430,000. The funding source is Special Assessments. Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-97-369 Resolution of findings of advisability and Resolution authorizing construction of an accel/decel lane in Kellogg (U.S. 54) to serve Zelta from the west line of Lot 4, Block 2, east to the east line of the plat, Project No. 472-82866 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-370 Resolution of findings of advisability and Resolution authorizing construction of an accel/decel land in Kellogg (U.S. 54) to serve Ellson from the west line of the plat east to the east line of Lot 4, Block 2, Project No. 472-82867 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-371 Resolution of findings of advisability and Resolution authorizing construction of traffic signalization device to serve the intersections of Kellogg (U.S. 54) and Zelta and that there be constructed a left turn bay to serve Zelta from Kellogg (U.S. 54) and the construction of median to close west bound traffic to Kellogg (U.S. 54) from Ellson, Project No. 472-82868 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. STREET CLOSURES CONSIDERATION OF STREET CLOSURES/USES. There were no street closures considered. DECISION SUPPORT SYSTEM DECISION SUPPORT SYSTEM. Agenda Report No. 97-891. The City is confronted more and more with complex issues requiring input from elected officials, City staff in all departments, advisory boards and commissions, and increasingly community groups and individuals. Over the years, the City has used many approaches to decision making to ensure full participation from these myriad sources -- special study groups, town hall meetings, referral to standing boards/commissions, consultant studies, etc. Each of these approaches had a purpose, but many times still did not allow for full and complete focus and participation. Recently technological changes are providing more innovative solutions to the age old problem in democracy of "how to get everyone in on the action and still get something done." City staff have participated in demonstrations of and actual use of PC-based decision support systems now in use in other locales. These systems generally do the following: _ Provide a bank of interconnected PCS, _ Specialized software dedicated to compilation and presentation of group input into solutions for an issue/problem under review, _ Ability to allow all participants equal access to provide ideas and to vote on outcomes, _ Provides a focus on content in problem-solving and not personalities (in many groups stronger personalities may tend to dominate to the exclusion of some who may be less demonstrative), _ Provides a comprehensive record of group deliberation for use in approval and implementation of group decisions. A Decision Support System can be used: _ For all type of groups (City Council, Staff, Neighborhood Groups, Intergovernmental Groups, or a mixture of these groups), _ On all types of decisions (e.g., strategic planning, program evaluation, work plans, process improvements, information system development, vendor/consultant evaluations, etc.), The work with neighborhood groups and other community constituencies, as well as the recent University survey results has highlighted the increased focus on expanded public participation in City government. New tools are needed to bring the many groups and individuals together in a combined decision making process. Review and actual hands-on use of these decision support systems indicates this new technology represents a real prospect to accomplish improved group decision making and consensus building. It is anticipated that this system could not only be used for problem solving directly involving the City, but also for community groups who desire to work on community problems not necessarily involving the City in a direct or lead role. Existing space has been identified in City Hall (13th Floor) to house this system. The start-up expenses involve the purchase of the furniture, hardware, software and system installation. Ongoing expenses provide for hardware/software maintenance. While an intangible, this system has the potential to direct existing local talent in such a way as to avoid the more costly alternative decision support techniques (usually involving paid consultants). The initial one-time cost of the system is estimated at $126,000 with annual maintenance costs of $18,000. The one-time costs will be funded from 1997 General Fund appropriated reserves. Ongoing costs can be funded from the Nondepartmental Research & Development account. Motion -- Knight moved that the Computerized Decision Support System be approved. Motion -- carried carried 7 to 0. COURT EXPANSION PROJECT MUNICIPAL COURT EXPANSION PROJECT. Agenda Report No. 97-892. The Municipal Court "Loaned Executive" Task Force, comprising individuals with a knowledge of both the legal system and also of business and operational practices completed its report in August 1995. Internal staff teams were appointed to address the recommendations presented in the Task Force Report. The City Council was presented with the findings of internal staff teams on March 5, 1996. Team reports set forth a series of specific tasks which identified budgetary impacts, required policy/ordinance actions and the current status and the individuals responsible for completion of each task. Among the recommendations approved was a remodeling and expansion of the Municipal Court offices and courtrooms. With the volume of court business continuing to increase, additional office and courtroom space must be provided to efficiently carry out court activities. Preliminary plans have been developed, but none have proved satisfactory in providing the necessary space without disruption of other city offices. The selected architects will review the following options, providing concept plans and estimated costs for any that are feasible: 1. An examination of space utilization on the second and third floors of City Hall with expansion of the court onto other floors. 2. Concepts and costs for adding onto the second and/or third floors of City Hall. 3. Concepts and costs for adding connecting walkways or usable office space between City Hall and the parking structure. 4. Concepts and costs for expanding the third floor of City Hall over the first and second floor annex above the City Council chambers. 5. Any additional viable alternatives the firm believes to be cost effective in meeting the space requirements of the court, including exploration of outside City Hall facilities. Costs associated with preliminary plans for remodeling existing floor space on the second and third floors are estimated at approximately $700,000. These plans have not been successful in addressing the ingress and egress from the building, customer service requirements, security of the court, or providing sufficient staff space. Funding for the study is available in the Municipal Court budget. Motion -- Knight moved that the Staff Screening and Selection Committee be authorized to do a Request for Proposals for Architectural Services to determine options for the -- carried remodel. Motion carried 7 to 0. DRUG COURT GRANT DRUG COURT ENHANCEMENT GRANT. Agenda Report No. 97-893. On November 26, 1996, the City Council approved the submission of Drug Court Enhancement grant application to the Office of Drug Courts, U.S. Department of Justice in the amount of $135,000 ($180,174 including matching funds). Funds are to be used to improve and enhance the Neighborhood Municipal Drug Court through feedback and recommendations from an independent Program Outcome Study and Process Evaluation, implementation of improved data management software and hardware and increased access to data for the Court, probation officer and treatment provider. On October 6, 1997, the City received grant award documents for the Drug Court Enhancement grant from the U.S. Department of Justice in the amount of $135,000. In order to receive the grant funds, the City must execute the grant award and grant assurance documents and submit executed copies to the U.S. Department of Justice. The grant award totals $135,000 in federal funds and $45,159 in in-kind matching funds for a grand total of $180,159. The grant funds will be used for Public Safety database and program modifications, PC data management software and computer hardware, travel and for a Process Evaluation and Program Outcome Study. The in-kind matching funds are provided by Municipal Court and the Law Department through existing staff. Motion -- Knight moved that the Grant be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. (Item No. 30) Mayor Knight left the Bench; Vice Mayor Cole in the Chair. VEST POCKET PARK VEST POCKET PARK. (District VI) Agenda Report No. 97-894. On May 20, 1997, the City Council approved a financing plan to create a Vest Pocket Park that includes private donations and matching public funds. Construction documents (plans and specifications) have been completed and are ready to issue for bidding. The project provides for improvements to create the Vest Pocket Park including ornamental paving, lighting, and a focal point fountain at the former Woolworth's site on Douglas between Market and Broadway. The project budget is $410,100, of which $200,000 is City funds and approximately $210,100 is private donations. Private donations include $147,582.21 received to date, plus pledges to be received in 1997 of $12,500, $5,000 in 1998, and $5,000 in 1999. In addition to the donations on hand, $40,000 of the DeVore Sculpture gift funds will be utilized for construction in the park for work related to the sculpture. The funding source for the City's share is General Obligation Bonds. Chris Cherches City Manager reviewed the status of the project and said the Douglas Street project would be done in conjunction with the Douglas Street Bridge project. Motion -- Ferris moved that the project be approved and the Resolution be adopted; and transfer of the private donations from performance deposits to the project be -- carried authorized. Motion carried 6 to 0. (Knight absent) RESOLUTION NO. R-97-372 A Resolution finding it necessary to make certain improvements to construct a vest pocket park (on Douglas between Market and Broadway) (Project Number 472-82881) and authorizing the issuance of bonds by the City of Wichita at Large, presented. Ferris moved that the Resolution be adopted. Motion carried 6 to 0. (Knight absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers. Mayor Knight present and in the Chair. COMMUNICATIONS EQUIP. PURCHASE COMMUNICATIONS EQUIPMENT FOR PUBLIC WORKS AND WATER DEPARTMENTS. Agenda Report No. 97-895. The Public Works Department has requested 18 radios, 7 single chargers, and 2 charging bases for $32,400. This equipment will be used between Building Maintenance supervisors and workers in the field to communicate emergencies that need to be handled and day to day operational tasks. The Water Department (Sewer Maintenance) has requested 7 radios, 1 charging base, and 1 single charger for $12,895. Currently crews working in easements can not communicate with each other without a radio. Communication is vital for the crews to change or install hydraulic root cutters in locations where crew members are not able to visually see each other at the work site. The new radios would allow crews to share the radios and allow the work to be done in a safe manner. The equipment to be purchased must be compatible to the 800 MHZ trunked communications system operated by Sedgwick County, Department of Emergency Communications. The equipment must be integrated into the shared mobile relay to provide efficient and dependable range and clarity of communications. To be compatible with the existing 800 MHZ system (which was purchased from Motorola) and fully integrated, the needed equipment is available only from Motorola Communications and Equipment. The purchase of this radio equipment will cost $45,295. There are sufficient funds available for the purchase of this equipment in the 1997 budget. The Purchasing Ordinance No. 35-856, Section 2(b) provides for the purchase of equipment and supplies from sole sources of supply without advertising for bids. Motion -- Knight moved that the purchase of radio equipment from Motorola Communications and Equipment in the amount of $45,295 under the provisions of the purchasing -- carried ordinance for sole source of supply be approved. Motion carried 7 to 0. UTILITY PAYMENT SYSTEM AUTOMATED UTILITY PAYMENT SYSTEM. Agenda Report No. 97-896. The City processes approximately 2,000 separate utility bills each month. The current system has been in place for more than eight years and has severe shortcoming in automation of data entry, capability to detect and correct errors, acceptance of EDI interfaces from utility companies, provision of detailed statements for each department, and assemblage of data for energy management analysis. Finance has been working with Western Resources and other utility companies in exploring greater automation of utility billing and payment processing. To do this will require implementation of a contemporary automated utility payment system. The City is already pursuing a major upgrade of its existing computer finance systems, including on-line purchasing and budgeting, as well as improved on-line accounting within the "client-server" technology outlined in the City's adopted Management Information System (MIS) plan. Finance has worked with the selected vendor for the new finance system, KPMG Peat Marwick, in developing an automated Utility Payment System to meet these needs. This system will be developed as a companion product allowing full integration with the new finance system, as well as capabilities for improved data entry, interfacing, and management data. The $49,900 cost for the automated utility payment system will be funded from savings within the 1997 Finance Department operating budget. Automation of this function, in additional to other changes resulting from increased automation of financial processes due to the new finance system, is expected to result in a reduction in Finance personnel levels in 1998 when the new system is completed and operating. Motion -- Knight moved that the utility payment system be approved, the Purchasing Manager be authorized to sign the contract, and budget transfers within the 1997 Finance -- carried Department operating budget be authorized. Motion carried 7 to 0. ART MUSEUM ENTRANCE ART MUSEUM ENTRANCE RECONSTRUCTION. (District VI) Agenda Report No. 97-897. On March 25, 1997, the City Council approved the reconstruction of the Art Museum entrance and authorized the Staff Screening and Selection Committee to select an architect for design. One hundred and thirteen Requests for Proposals were mailed, fifty-one to local firms and sixty-two to firms throughout the U.S. and Canada. Nine responded as follows: Chan Krieger & Assoc., Cambridge, MA; John M.Y. Lee/Michael Timchula, New York, NY; Charles F. McAfee, Wichita, KS; McCluggage Van Sickle & Perry, Wichita, KS; Schaefer Johnson Cox Frey & Assoc., Wichita, KS;, Lee H. Skolnick, New York, NY; Spangenberg Phillips Haines, Wichita, KS; Randall Stout, Santa Monica, CA; and Wiedeman Architects, Kansas City, MO. The Staff Screening and Selection Committee interviewed Lee H. Skolnick, John M.Y. Lee/Michael Timchula, Chan Krieger, and McCluggage Van Sickle & Perry. The Committee selected Chan Krieger and Associates as the design consultant for this project at a cost of $50,000 including reimbursable expenses. The 1996 - 2005 Capital Improvement Program (CIP Project No. PB-9604, pg. 190) provides $50,000 for design in 1997 for the Art Museum entrance reconstruction and $1.1 million for construction in 1998. The funding source is General Obligation Bonds. Motion -- Knight moved that the Contract be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. CLAIMS ALLOWED REPORT REPORT ON CLAIMS ALLOWED - SEPTEMBER, 1997. Name of Claimant Amount Linda Gresham $332.53 Audrey L. Barrett $641.00 Tom and Jacque Henry $620.00 Victor F. Brown $1,011.99 Leo F. Hoe $84.67 Ta Nola Young $152.00 Minde Johnsen $10.00 Nolan Schuth $40.00 Debra Cowdin $57.93 Motion -- carried Knight moved that the Report be received and filed. Motion carried 7 to 0. DESIGN AGREEMENTS HARRISON PARK SECOND AND BRADFORD NORTH THIRD ADDITIONS. (Districts II and V) Agenda Report No. 97-898. The City Council approved the Harrison Park Second Addition and Bradford North Third Addition plats on September 23, 1997, and July 8, 1997, respectively. The proposed Agreements between the City and Savoy, Ruggles & Bohm, P.A. (SRB) provide for the design of Water Distribution System No. 448 89201; and paving Morris, Lindberg Circle and Cranbrook Circle in Harrison Park Second Addition (east of Webb, north of Harry); Lateral 128, Westlink Sewer; Water Distribution System No. 448 89169; Water Distribution System No. 448 89170; and paving Meadowpark and Meadowpark Courts in Bradford North Third Addition (south of 29th, west of Tyler). Because SRB provided subdivision engineering services for these additions, it can expedite construction plan preparation. Payment will be on a lump sum basis not to exceed $20,200 for Harrison Park Second Addition, and $51,900 for Bradford North Third Addition. The funding source is Special Assessments. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. AUBURN HILLS THIRD AND AUBURN HILLS POOL HOUSE ADDITIONS. (District V) Agenda Report No. 97-899. The City Council approved the Auburn Hills Third Addition and Auburn Hills Pool House Addition plats on July 15, 1997. The proposed Agreement between the City and Baughman Co., P.A. provides for the design of Lateral 14, Cowskin Interceptor Sewer; Water Distribution System No. 448 89172; and paving Limuel Courts and Limuel Circle (south of Maple, east of 135th Street West). Because Baughman Co., P.A. provided subdivision engineering services for these additions, it can expedite construction plan preparation. Payment will be on a lump sum basis not to exceed $27,400 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. FOREST LAKES WEST ADDITION. (District V) Agenda Report No. 97-900. The City Council approved the Forest Lakes West Addition plat on September 23, 1997. The proposed Agreement between the City and Professional Engineering Consultants, P.A. (PEC) provides for the design of Lateral 381, Southwest Interceptor Sewer; Water Distribution System No. 448 89202; and paving Lake Ridge, Westlakes, Forest Ridge, Forest Park, Lake Ridge Courts and sidewalk (north of 29th, east of Tyler). 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 $91,900 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. SUPPLEMENTAL AGREEMENT SUPPLEMENTAL AGREEMENT FOR NORTHWEST TRANSMISSION FACILITY. (Districts V and VI) Agenda Report No. 97-901. On April 4, 1995, the City Council entered into an agreement with Professional Engineering Consultants, P.A. (PEC) for the design of the Northwest Transmission Facility. This facility is a large diameter (36" & 48") water transmission line that will provide additional capacity to serve the far west part of Wichita and to connect the existing water treatment and pumping plant at Sim Park to a proposed reservoir/treatment plant site near the Sedgwick County Zoo. The fee was $178,212.40. On August 22, 1995, the City Council approved Supplemental Agreement No. 1 for PEC to prepare plans for the extension of a 36" water line in McLean/Meridian from an existing 24" line in Newell to the proposed new water line that will cross the Arkansas River north of Central. This proposed extension will provide better flow and pressure to the southwest part of Wichita. The fee was $9,324.50. On November 14, 1995, the City Council approved Supplemental Agreement No. 2 for PEC to design an aerial water line in conjunction with a pedestrian bicycle bridge across the river west of Cowtown near Riverside Medical Center at a cost of $47,900. On April 23, 1996, the City Council approved Supplemental Agreement No. 3 for PEC to prepare additional plans for lighting and bike path improvements on the bridge as recommended by the City Manager's Aesthetic Review Team (CART). The fee was $19,170. On January 7, 1997, the City Council approved Supplemental Agreement No. 4 for PEC to perform a title search and prepare tract drawings for easements along the railroad right- of-way from 8th Street North to Westdale Drive in order to obtain the necessary legal right to use the railroad right-of-way. The fee was $10,800. PEC's fees through Supplemental Agreement No. 4 total $265,406.60. In response to a request from citizens in the area to save the existing trees along the railroad, PEC has been asked to revise the plans to relocate the water line from the east side of the railroad tracks along Zoo Boulevard between 8th Street and 12th Street to under the pavement in Zoo Boulevard. Supplemental Agreement No. 5 with PEC has been prepared. Payment to PEC for this Supplemental Agreement will be made on a lump sum basis of $16,900 and is available in the project budget. The funding source is Water Utility. Motion -- Knight moved that the Supp. Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. (Item No. 37) AGREEMENT AMENDMENT AMENDMENT TO DEVELOPER AGREEMENT FOR UBI FINANCIAL SERVICES, INC. - NORTHEAST UBI FINANCIAL SERVICES COMMUNITY INVESTMENT PROJECT. (District I) Agenda Report No. 97-902. On August 30, 1994, the City Council approved the Developer Agreement making UBI Financial Services, Inc. the preferred developer for the Northeast Community Investment Project. Among other aspects, the Project encompasses the development of a full service branch bank, a commercial retail center, and senior housing by the preferred developer and others on land leased or acquired from the City. Since the approval of the Developer Agreement, the Preferred Developer has been acquired by another entity necessitating an amendment to the Developer Agreement. Commerce Bank has acquired UBI Financial Services, Inc. and its affiliated companies. Commerce Bank has requested that the entity acting as preferred developer for the tract on which the branch bank is located be changed to 21st Street Redevelopment Company L.C. An amendment to the Developer Agreement as well as other documents required under the Developer Agreement have been drafted to reflect this change. The financial details of the Developer Agreement are unchanged. Chris Cherches City Manager, responding to a question, explained that technically the developer has breached the agreement because shopping center construction was supposed to commence within 60 days and it did not; however, the issue has not been forced because, due to one tenant backing out, the tenant commitments for the shopping center have not reached the required 75 percent. Council Member Ferris momentarily absent. Council Member Rogers Council Member Rogers asked that indication be made to the developer that there needs to be some overt movement on the project or plans. This is only project just setting there. Mayor Knight Mayor Knight stated that the whole effort, planning, and all should involve Council Member Rogers. Motion -- Rogers moved that the Amendment be approved and the Mayor be authorized to sign the necessary documents; and that the City Manager be requested to expedite a plan for the shopping center so the Council can be fully apprised of time frame, and if there is a technical violation or gap the Council will have the -- carried opportunity to make the necessary adjustments. Motion carried 7 to 0. JOINT CITY/COUNTY AGMT. AMENDMENT TO SEDGWICK COUNTY CONTRACT FOR FUNDING PHYSICAL DISABILITIES TRANSPORTATION PROGRAM TRANSPORTATION COORDINATION PROGRAM. Agenda Report No. 97-903. On April 16, 1997, the Wichita Metropolitan Transit Authority (Wichita Transit) and Sedgwick County signed a contract whereby the County agreed to fund the Physical Disabilities Transportation Coordination Program for 1997. This is the second year the program has been in place. It is totally being funded by the County. The program involves a full-time City position, stationed in the administrative office at the Transit Center. The position is responsible for coordinating available transportation services with transportation needs by the physically disabled within the county. This has been a highly successful program for both the County and the City. At the beginning of this year, WMTA requested $28,140 in County funds to support this position. Due to the timing of the application, the County's Department On Aging had a mill levy already set allocating $21,128 for the program. Prior to contract execution County staff agreed to provide additional funds later in their fiscal year. This would be coming from unused or left over funding from other projects within the Department On Aging. Just recently, the amendment was received from the County restating their financial commitment to $28,128. The County has indicated willingness to commit to fully funding the position for 1998. Executing the amendment will provide the necessary funding to meet the program's budget needs. There is no City funding involved. The program benefits all County residents including those residing within the City. Motion -- Knight moved that the Contract Amendment be approved and the Mayor be authorized -- carried to execute. Motion carried 7 to 0. COMMUNITY ARTS CENTER CONSTRUCTION SERVICES FOR THE COMMUNITY ARTS CENTER. (District VI) Agenda Report No. 97-904. On November 19, 1996, the City Council approved the Community Arts Center project, authorized the selection of a design consultant, and approved the use of a City-owned facility located at 225 West Lewis (southeast corner of Lewis and Water Streets) as the location for the Wichita Community Arts Center. On May 13, 1997, the City Council approved the Design/Builder Part 1 Agreement with Gossen Livingston Associates for design services associated with this project. On July 15, 1997, the City Council approved the Design/Builder Part II Agreement with Gossen Livingston Associates for construction with Key Construction, Inc. as the prime contractor. With the approval of the Part II Agreement, Key Construction, Inc. in conjunction with the City's force account started Phase I construction of the facility. Initial Phase I construction includes repair or replacement of walls, roof sections, doors, installation of lights, heating and air conditioning, etc. to make the facility weather-tight and secure. Initial work will not exceed the previously approved $260,000 funding without authorization from the City. The cost of renovating this City-owned facility was originally estimated at $550,000 to be funded as follows: Community Development Block Grant (CDBG) $ 16,500(Design) Executive Manor Contribution Fund $260,000(Construction) City of Wichita - Total $276,500 Private Contributions $273,500(Construction) With the completion of approximately 95% of the Phase I construction, a revised estimate of $632,434 has been established for the cost of renovating this City-owned facility, to be funded as follows: Community Development Block Grant (CDBG) $ 16,500(Design) Executive Manor Contribution Fund $260,000(Construction) City of Wichita - Total $276,500 Private contributions $355,934 To date the City has received private donations in the amount of $37,548.22 towards the completion of this project. This money is needed to complete Phase I construction. The donations have been deposited into the Donations for Public Art Trust Fund No. 731 and will be transferred to this project expense account. Motion -- Knight moved that the budget transfer be authorized; and the Change Order be -- carried approved and the Mayor be authorized to sign. Motion carried 7 to 0. BIOSOLIDS FACILITIES CHANGE ORDER FOR BIOSOLIDS MANAGEMENT FACILITIES. (All Districts) Agenda Report No. 97-905. The Biosolids Treatment & Management Plan improvements are being administered under three separate contracts: Contract #1, Emergency Sludge Storage Basins (completed); Contract #2, Plant #1 and Plant #2 improvements (to BRB Contractors for $17,999,000); and Contract #3, Biosolids Storage Facility (completed). Contract #2 is for improvements to Plant #1 and Plant #2, scheduled for completion on November 19, 1997. Change Order #8 is a combination of seven items. The associated costs are as follows. Revise filtate piping and pump station location $15,939.00 Provide boiler gas flow monitoring $12,312.00 Sludge flow meters at Sewage Treatment Plant #1$ 6,077.00 IMUX #13 PLC processors $ 4,396.23 Power modifications at Sewage Treatment Plant #1$19,058.00 Changes to process control system at ST Plant #1$10,978.00 Electrical modifications/starters at ST Plant #1$20,123.00 TOTAL $88,883.23 The total of Change Order #8 represents 0.4938% of the original total project cost and in all cases represents a deduction or added value to the City. Project-to-date change orders have represented only 2.6% of the original $17.999 million bid by the general contractor. On February 7, 1995, the City Council approved the Capital Improvement Program, Biosolids Treatment and Management Plan (CIP #S- 500). There are sufficient funds of $7,160,000 for 1997. USEPA regulations, 40 CFR Part 503 requires municipalities implement an approved method of biosolids treatment, reuse/disposal and to comply with the National Pollutant Discharge Elimination System (NPDES) permit. Failure to comply would result in civil and/or criminal penalties. Change Orders in excess of $10,000 require approval by the City Council. Motion -- Knight moved that the Change Order be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. SENECA (PAWNEE-KELLOGG) AUTHORITY TO AWARD CONTRACT - COMMITMENT OF CITY FUNDS FOR SENECA, PAWNEE TO KELLOGG. (District IV) Agenda Report No. 97-906. The Authorization Document between the City and Kansas Department of Transportation (KDOT) provides for reconstructing and widening Seneca from Pawnee to Kellogg. On July 1, 1997, the City Council approved the project for construction and approved an agreement with KDOT to administer the project and provide 80 percent federal funding. The project is a part of the 1997 Capital Improvement Program (CIP No. MS-9604, page 55). The project consists of: (1) widening Seneca to five lanes, except at the Central Kansas Railway tracks near Walker, (2) improving drainage, and (3) landscaping the available right-of-way. Bids for construction of the improvements were received on September 17, 1997. Dondlinger & Sons Construction Company, Inc. submitted the low bid of $4,225,662.10. In accordance with the Agreement entered into by the City and KDOT, the City's share of the cost is $1,042,095.00 and will be paid by General Obligation Bonds. KDOT will reimburse the City for 80 percent of the cost for construction engineering services which has an upper limit of $340,132.75. Motion -- Knight moved that award of the Construction Contract and payment of the City's share of the costs be authorized; and the Construction Engineering Agreement be -- carried approved and the Mayor be authorized to execute. Motion carried 7 to 0. R-O-W ACQUISITION ACQUISITION OF RIGHT-OF-WAY FOR THE MERIDIAN STREET IMPROVEMENT PROJECT. (Districts IV and VI) Agenda Report No. 97-907. The Meridian Street Paving Project from Maple to Central, approved by Council on July 30, 1996 requires the acquisition of seventeen (17) temporary easements and partial takes. Two of these partial takes are Tract #3, 555 N. Meridian, owned by Alta K. Black, and Tract #5, 2454 St. Louis, owned by Glenn E. Hanzlicek and are more fully described on the attached tract maps and legal descriptions. The tracts are improved with single family homes. The right-of-way contains 99.5 square feet for Tract #3 and 82.57 square feet of land for Tract #5. A formal appraisal of the properties was not performed. Due to the small size of the takings, a value of $475.00 for Tract #3 and $290 for Tract #5 was established. The owners have agreed to these prices. A budget of $1,265 for the acquisition for both tracts and for closing costs. The Council has approved the acquisition of three tracts for this project at a previous Council meeting. After the purchase of these properties, there will be twelve tracts remaining to be acquired through either negotiation or eminent domain. A total budget of $83,500 has been approved for the acquisition of the seventeen tracts. After these acquisitions $81,935 will remain to acquire the remaining tracts. Motion -- Knight moved that the budget and the Contract be approved; and the Mayor be -- carried authorized to sign the necessary documents. CONDEMNATIONS REPAIR OR REMOVAL OF DANGEROUS AND UNSAFE STRUCTURES. Agenda Report No. 97-908. On October 6, 1997, the Board of Code Standards (BCSA) held a hearing on the following three (3) properties. These properties are considered dangerous and unsafe structures, and are being presented to schedule a condemnation hearing before the Governing Body. Improvement notices have been issued on these structures, however, compliance has not been achieved. Pre-condemnation and formal condemnation letters were issued and the time granted has expired. No action has been taken to repair or remove the following properties. Property Address Council District (1) 2308 N. Woodland (Rear) 6 (2) 1136 N. Market 6 (3) 828 W. University 6 These structures have defects that under Ordinance No. 28-251 of the Code of the City of Wichita, shall cause them to be deemed as dangerous and unsafe buildings, as required by State Statute for condemnation and consideration. Motion -- Knight moved that the Resolutions for a Public Hearing on December 9, 1997, at -- carried 11:00 a.m., be adopted. Motion carried 7 to 0. RESOLUTION NO. R-97-373 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lots 6-8 Armstrong Avenue, now Woodland Avenue, Humphrey & Pool's Addition to Wichita, Sedgwick County, Kansas, known as 2308 North Woodland (rear), in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-374 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lots 228, 230, and the south half of Lot 232, on Market Street, Hyde and Ferrell's Addition to Wichita, Sedgwick County, Kansas, known as 1136 North Market, in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-997-375 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: the west 51 feet of the east 126 feet of the south 140 feet of Lot 3, Block, Lawrence Addition to Wichita, Sedgwick County, Kansas, known as 828 West University in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCES SECOND READING ORDINANCES. (First Read 10/7/97) a. Industrial Refunding Revenue Bonds - House of Schwan, INC. (District II) ORDINANCE NO. 43-613 An Ordinance authorizing the City of Wichita, Kansas (the "issuer") to issue its Industrial Refunding Revenue Bonds, Series XII, 1997 (House of Schwan, Inc.) in the aggregate principal amount of $970,000 for the purpose of refunding and redeeming certain outstanding industrial revenue bonds and to pay certain costs of issuance; prescribing the form and authorizing execution of a trust indenture between the issuer and Intrust Bank, N.A., in the City of Wichita, Kansas, as Trustee; prescribing the form of and authorizing execution of a lease of the project between said issuer and House of Schwan, Inc.; prescribing the form of a guaranty agreement between House of Schwan, Inc., as guarantor, and Intrust Bank, N.A., Wichita, Kansas, as Trustee; and prescribing the form and authorizing the execution of a bond purchase agreement between the issuer, House of Schwan, Inc., and Davidson Securities, Inc., as placement agent for the bonds, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. b. SCZ-0727 - Northeast Corner of Harry and Webb Road. (District II) ORDINANCE NO. 43-614 An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. SCZ-0727 c. Z-3248 - Southeast Corner of Water and the Kellogg Overpass. ORDINANCE NO. 43-615 An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. Z-3248 Sidewalk Ordinances. ORDINANCE NO. 43-616 An Ordinance making special assessments to pay for the improvement of and providing tax levies for the cost of construction of sidewalks in the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCE NO. 43-617 An Ordinance making special assessments to pay for the improvement of and providing tax levies for the cost of construction of sidewalks in the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCE NO. 43-618 An Ordinance making special assessments to pay for the improvement of and providing tax levies for the cost of construction of sidewalks in the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. Paving Ordinances. ORDINANCE NO. 43-581 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving 37th Street North from the east line of Token Street to the west line of Webb Road (472-81373/763433/490-446), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCE NO. 43-582 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving the North-South Alley between Mead and Mostly from 18th to 19th Street North (472-82659/763516/490-454), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCE NO. 43-583 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving Door, Presto, Shepherd, Esthner, Dora Court, Prescott Circle; and, sidewalk along one side of Prescott and Dora and along Esthner and Shefford (472-82726/763680/490-471), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCE NO. 43-584 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving Crestline from the north line of Pawnee to the south line of Prairie Woods including the Eyebrow serving Lots 55 through 58, Block 1, and the Eyebrow serving Lots 16 through 19 inclusive, Block 3; and a sidewalk along the east side of Crestline from the north line of Maize Road to the south line of Prairie Woods (472-82564/763805/490-483), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCE NO. 43-585 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving Meadow Pass, Meadow Grove, Meadow Pass Courts, Meadow Grove Court; and sidewalk along the east line of Meadow Pass, and along the north line of Meadow Grove (472-82606/763854/490-488), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCE NO. 43-586 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving Dowell and Second Street,Clay Circle, Crest Circle, and; on the 32 foot right-of-way serving Lots 12 and 13, Block 1, The Fountains 2nd Addition (472-82723/763870/490-490), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCE NO. 43-587 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving Hendryx, Limuel, Hendryx Court, Limuel Courts, and sidewalk along one side of Limuel, and along one side of Hendryx (472- 82755/763888/490-491), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCE NO. 43-588 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving Honeytree and Brandon, Smithmoor Fifth Addition (472-82759/764019/490-504), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. Sewer Ordinances. ORDINANCE NO. 43-589 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Lateral 183, Southwest Interceptor Sewer (South of Harry, west of Hoover) 468-81332/742627/480-354, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCE NO. 43-590 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Lateral 39, Main 21, Sanitary Sewer #22 (north 33rd Street North, west of Meridian) 468-82606/742791/480-371, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCE NO. 43-591 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Lateral 131, War Industries Sewer (south of Pawnee, west of Webb) 468-82588/742809/480-372, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCE NO. 43-592 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Lateral 353, Southwest Interceptor Sewer (East of Tyler, north of 21st) 468-82489/742833/480-375, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCE NO. 43-593 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Lift Station and Force Main for Lateral 133, War Industries Sewer (south of Central, east of Greenwich) 468- 82598/742841/480-376, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCE NO. 43-594 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Lateral 133, War Industries Sewer (south of Central, east of Greenwich) 468-82599/742858/480-377, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCE NO. 43-595 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Lateral 4, Cowskin Interceptor Sewer (south of Maple, east of 135th Street West) 468-82631/742866/480-378, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCE NO. 43-596 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of a Lift Station and Force Main for Laterals 371 and 372, Southwest Interceptor Sewer (west of Meridian, south of 47th Street South) 468-82638/742874/480-379, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCE NO. 43-597 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Lateral 371, Southwest Interceptor Sewer (west of Meridian, south of 47th Street South) 468-82639/742882/480-380, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCE NO. 43-598 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Lateral 7, Main 16, Southwest Interceptor Sewer (north of 21st, east of Ridge) 468-82622/742908/480-382, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCE NO. 43-599 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Lateral 346, Southwest Interceptor Sewer (north of Pawnee, east of Maize) 468-82463/742924/480-384, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCE NO. 43-600 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Lateral 105, Westlink Sewer (north of Central, west of Tyler) 468-82293/742932/480-385, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCE NO. 43-601 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Lateral 24, Main 2, Southwest Interceptor Sewer (at 50th Street, east of Broadway) 468-81427/742940/480-386, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCE NO. 43-602 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Lateral 14, Main 13, Southwest Interceptor Sewer (south of Kellogg, east of 119th Street West) 468-82612/742957/480-387, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCE NO. 43-603 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Lateral 319, Southwest Interceptor Sewer (south of MacArthur, west of Hoover) 468-82289/742965/480-388, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCE NO. 43-604 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Lateral 124, Westlink Sewer (south of 21st, east of Maize) 468-82594/742981/480-390, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCE NO. 43-605 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Lateral 71, Main 5, Sanitary Sewer No. 23 (east of Oliver, south of 29th Street North) 468-82593/742999/480-391, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCE NO. 43-606 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Lateral 27, Main 1, Cowskin Interceptor Sewer (north of Kellogg, west of 119th Street west) 468-82669/743039/480-395, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCE NO. 43-607 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Storm Water Sewer No. 475 (south of Kellogg, west of 127th Street East) 468-82581/750810/485-117, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCE NO. 43-608 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Storm Water Sewer No. 476 (South of Pawnee, west of Webb) 468-82590/750828/485-118, read for the second time. Knight