MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, September 24, 1996 Tuesday, 9:05 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cather, Cole, Gale, Rogers; present. *Council Members Ferris, Kamen; absent. Cathy Holdeman, City Manager's Office; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Bishop Reed Bates, Church of Jesus Christ of Latter Day Saints-6th Ward. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. Minutes -- The minutes of the regular meeting of September 17, 1996, were -- approved approved 5 to 0. (Ferris, Kamen; absent) AWARDS AND PRESENTATIONS *Council Members Ferris, Kamen; present. RECOGNITION The Council recognized Gordon Bassham, Public Information Director, for his dedicated service to the City. PROCLAMATIONS Mayor Knight presented the Proclamations previously approved. PUBLIC AGENDA COMMENTS BY LEIF JONKER. Leif Jonker Leif Jonker, Norseman Productions, asked that Norseman Productions be allowed to enter the Allis Hotel before it is demolished to make a movie (Shocktober). Filming is slated to begin (with alternate locations) on October 6th and run through October 19, 1996, with re-shoots and pickups taking place from October 24th through October 31st. Filming could be completed, if necessary, by October 27th. If access to the interior is impossible, Mr. Jonker asked that Norseman Productions be allowed to film exteriors, characters walking in and out of the building, etc., during some days and nights, and, of course, the implosion. Mayor Knight Mayor Knight said this matter would be discussed later in the Agenda. (Discussion is shown with Item 13a.) NEW BUSINESS LEGISLATIVE PROGRAM 1997 CITY OF WICHITA LEGISLATIVE PROGRAM. Cathy Holdeman City Manager's Office reviewed the Item. Agenda Report No. 96-729 A. The City Council was briefed on upcoming legislative issues during the September 10th meeting and given the chance to discuss the direction of the 1997 legislative program. The process of drafting the 1997 program began in July when requests for proposed legislation were distributed to all City Departments, Citizen Participation Councils and the City Council. In addition, the program addresses a number of issues the 1997 Legislature will likely debate which could impact Wichita. In an effort to keep the 1997 City of Wichita Legislative Program manageable and as effective as possible, the requests for new legislation are being kept to a minimum. The program includes position statements on a variety of issues. This approach will allow the City to establish general goals and positions, giving it the flexibility to react to any number of specific bills during the session. The program is divided into the following issue sections: Taxes and Finance, Home Rule and Local Control, Public Safety, Health and Environment, Transportation and Local Action Issues. It is expected the City of Wichita will need to weigh in on a number of issues, particularly those relating to tax policy. The position statements allow the City to respond within an established framework as specific bills and proposals are drafted as follows: Position Statements: TAXES AND FINANCE Spending Lid: The City of Wichita believes the citizens and the City Council members they elect are capable and responsible enough to determine local tax and spending policies without mandated limitations imposed by the State Legislature. The City of Wichita opposes Constitutional or statutory limits on municipal spending. Tax Lid: The City of Wichita believes an arbitrary tax lid infringes on the rights of citizens and their elected City Council members to determine for themselves the appropriate level of government services for the community and imposes unnecessary barriers on the job of financing local government services and operations. School Finance: The City of Wichita believes any plan to eliminate or reduce the statewide mill levy for public schools should be equitable and fair to all residents of the state. Cutting taxes for one unit of government by forcing other units of government to increase their tax levies is counterproductive. State Aid and Shared Tax Revenues: The City of Wichita believes as much tax money as possible should be returned to local government so it can directly benefit the people who paid it in the first place. The City supports continuation of the Local Ad Valorem Tax Reduction Fund, City- County Revenue Sharing and the City-County Highway Fund and opposes any plan to limit or restrict the natural growth of these shared revenues. HOME RULE/LOCAL CONTROL Home Rule: The City of Wichita believes the governing of public affairs should be as close to the people as possible and that home rule is essential to vigorous, effective and responsive local government. Home Rule is crucial to the continued ability of locally elected officials to solve local problems in ways most appropriate to the needs and conditions of the city they represent. Local Control: The City of Wichita believes the State Legislature and State agencies should avoid intervention in matters of local affairs and government. The Legislature should encourage local officials and citizens to solve local problems. Laws passed by the Legislature should foster local responsibility and assist City leaders and the citizens they represent in addressing problems in ways which best serve their community. The City of Wichita will generally oppose any attempts to pre-empt local control in favor of uniform statewide regulations or restrictions. Unfunded Mandates: The City of Wichita believes the State Legislature should not impose mandated functions, activities, or regulations on local governments without providing financial resources to meet the costs of carrying out those mandates. PUBLIC SAFETY Domestic Violence: The City of Wichita supports the stricter domestic violence laws passed by the 1996 Legislature which make the third offense of domestic battery a felony. However, in an effort to make the law as effective and workable as possible, the City of Wichita supports narrowing the definition of domestic battery to family members or those involved in an intimate relationship. Suspended Driver's License: The City of Wichita supports the intent of the state law upgrading the use of a suspended driver's license from a misdemeanor to a felony. However, the stricter penalty is proving to have unintended consequences for citizens, law enforcement and the courts. The City of Wichita supports removing the felony penalty and providing another means to discourage and punish people from driving with suspended licenses. Security Guards: The City of Wichita believes well trained, licensed, private security guards play an important role in protecting citizens and their property and in assisting law enforcement. The City of Wichita supports exclusive state licensing of private security guards under the oversight of the Kansas Attorney General. In this instance, pre-emption of local regulation will better serve the public. HEALTH AND ENVIRONMENT Environmental Protection Mandates: The City of Wichita urges the State Legislature to place a moratorium on any new environmental mandates for cities. All such standards and requirements should be subject to rigorous cost benefit analysis. Existing and proposed mandates in the area of storm water discharge, safe drinking water and surface water should be suspended until such cost benefit studies are completed. Waste Reduction and Recycling: The City of Wichita supports statewide efforts to develop markets for recyclable materials and the promotion of waste reduction efforts. The City of Wichita urges the Legislature and Department of Health and Environment to encourage cooperative recycling and waste reduction efforts between the state, cities and counties. TRANSPORTATION Highway Funding: The City of Wichita supports changes in the revenue distribution formulas used by the Department of Transportation for highway and road projects. Because Wichita is the largest city in Kansas, its residents contribute more money to the state treasury than other regions, yet Wichita often does not get back an equitable share of grant and assistance money distributed by the state. The average annual amount Wichita might receive from connecting link, geometric and economic development transportation grants is one- million dollars. The City of Wichita urges a change in revenue distribution formulas to ensure cities receive a meaningful per capita share of transportation revenues. Kellogg Freeway: The City of Wichita believes a more substantial partnership between the State and City is required for construction on the Kellogg Freeway (Highway 54) to continue. The Kellogg Freeway project is costing more than $180-million to date. Wichita taxpayers have paid more than $124-million of that total from local funds. The State has contributed $32-million to this major highway project. Plans for the remaining sections of the cross-town freeway are being designed, but without State assistance, further Kellogg improvements will not be achieved. 1997 ACTION ISSUES Retail Wheeling of Electricity: The City of Wichita believes there are benefits in allowing a competitive market for electric service and that these opportunities and economies should be made available to the residents of Wichita as soon as possible. The three year moratorium on the retail wheeling of electricity should be lifted to at least allow demonstration or pilot projects. Competitive electric rates are crucial to the City's economic well being. Businesses, individual residents and taxpayers will all benefit from lower electric rates. The City of Wichita supports the exploration of all strategies that will allow the use of competitive alternatives in the generation, transmission and distribution of electricity and requests that Wichita be included or allowed to take part in any pilot or demonstrations involving the retail wheeling of electricity. Planning Statute Changes: The City of Wichita requests several changes in state planning statutes to allow more flexibility for planning and zoning officials and streamline an overly complicated, time-consuming process for developers and property owners. The City of Wichita supports: allowing planning commissioners to delegate certain duties to subcommittees, easing the requirement on the number of planning commissioners required to vote on most actions, expanding the ability to approve lot splits, allowing appeals of administrative actions to be referred to the planning commission/governing body as well as Board of Zoning Appeals, allowing planning commissioners to hold mandated hearings on property vacation cases and changing the publication requirement for hearings on property vacation cases. While these changes are largely technical in nature, the City believes they will make local government's involvement in planning and zoning issues more efficient and user-friendly for the citizens we serve. Position statements and proposals in the 1997 Legislative Program will provide the City with the legal authority to enhance and streamline government operations and services for the public. Any number of legislative actions can impact City finances. The 1997 Legislative Program is designed to help the City maintain or improve its ability to control the financing of local government services to best serve the citizens of Wichita. Council Member Kamen Council Member Kamen said he had a problem with the wording regarding the Suspended Driver's License; and that he would like the tax lid item to be voted on separately. Council Member Ferris Council Member Ferris said the stricter felony penalty should be limited to those suspensions because of DUI, frequent accidents or tickets, and lack of insurance. Mike Taylor Intergovernmental Relations Director said the wording of the position statement could be adjusted. The intent supported by the City was for the greater violations but when the legislation was written it became a blanket felony for every suspension. The City's position will be that the language be cleaned up but that there will still be felonies for certain violations. Council Member Ferris Council Member Ferris questioned the City's position on state licensing of security guards. Mike Taylor Intergovernmental Relations Director stated that this matter was a request from the Police Department. It has been discovered that many cities in the state do not have any kind of licensing or training for security guards. Wichita does administer the program. It is a concern to Police Chief Watson that the City of Wichita licenses security guards because of the liability issue in terms of training and licensing someone who then carries a firearm. The Attorney General came forward, in working with the security guard industry, and suggested that a uniform state-wide training program be done. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the Legislative Program, except the tax lid position, be -- carried approved. Motion carried 7 to 0. Motion -- Knight moved that the tax lid position be approved. Council Member Kamen Council Member Kamen stated that he wished the tax lid to remain. The City Council has kept the taxes as low as possible but, across the state, a lot of local agencies want to raise taxes. Mayor Knight Mayor Knight said he wanted as much local control as possible. The desire is not to raise taxes but to have local control. -- carried Motion carried 5 to 2. Gale, Kamen - No. PARK AND OPEN SPACE ADOPTION OF PARK AND OPEN SPACE MASTER PLAN. Cathy Holdeman City Manager's Office reviewed the Item. Larry Consolver Larry Consolver, MAPC, gave an overview of the Plan. Marvin Fisher Marvin Fisher, Park Board, said impact fees alone cannot fund the plan so the plan does recognize the availability of private recreation areas. Mr. Fisher urged approval of the 1996 Park Plan and Open Space Plan. The Park Board is willing to review the Plan annually. Agenda Report No. 96-776. The Park and Open Space Plan is a guide to the number and location of future parks and open space for Wichita and Sedgwick County. The plan builds upon the more general Comprehensive Plan (adopted in June, 1993) and provides more detailed information for the siting of new parks in Wichita and Sedgwick County. The plan was developed to be officially adopted as an element of the Comprehensive Plan. The last Park Plan for Wichita and Sedgwick County was prepared from 1976 through 1978 and was presented to the Wichita City Council in January of 1978. The plan has been used as a guide for the past 18 years. However, any time period over 10 years is significant enough to warrant an updated or new plan. When the data collection for the Comprehensive Plan began in 1989, MAPD decided to gather information to help prepare a new park plan. More than 3 years after the adoption of the Comprehensive Plan and after two years of various, separate and joint MAPC and Wichita Park Board meetings, City Council and County Commission workshops, CPO and other informational meetings and public hearings, the Park and Open Space Plan is ready for final adoption. As with the Comprehensive Plan, many of the citizen and business group comments have helped shape the plan's final language. The plan has both traditional elements of park planning and some newer concepts for a plan of this nature. In the traditional mode, the Park Plan contains an inventory of existing public parks and publicly maintained open space; a description of park service standards; population projections for future growth; recommended areas (general) for new parks; an estimate of expected costs to acquire and develop new parks; and a discussion of possible implementation tools. Some of the new topics are: the adoption of a higher standard for park land to account for "greenways" (15 acres of land per 1000 people instead of 11 acres adopted in 1978); an emphasis on using public-private partnerships to help with the development and maintenance of parks; the philosophical acceptance of school and private reserve properties as supplemental park and open space facilities (provided they were usable and accessible); and the extension of the cost analysis to include cost estimates for park facility development and maintenance. Although intended for use within all of Sedgwick County, the plan does not interfere with current park planning efforts in the county's smaller cities. It leaves small city park planning to the cities themselves. In unincorporated areas, the plan recognizes the County Commission's desire to provide larger regional parks, but not the playground, neighborhood and community size parks found in urban areas. The plan is oriented toward public parks and open spaces accessible to all. The plan, however, does recognize the availability of smaller, private recreational areas being provided in some newer subdivisions. The plan will be monitored carefully to see how well the community at large is aided by these private sector resources. Adoption of the plan's overall, general vision is needed to pave the way for the many implementing actions that will follow. These actions include: developing a detailed financial strategy, clarifying the procedures and expectations for public-private partnerships, updating the inventories of existing park land, school grounds and usable private open space areas, establishing citizen shared responsibilities for maintenance and security and examining preferred recreational activities and degrees of use. The plan has been reviewed by the Sedgwick County Commissioners and staff. The Commission had requested that several changes be made prior to bringing the plan to the County Commission for adoption. The MAPC reviewed those changes and concurred. The Park Board was also presented with the same changes and also concurred. The Park Board did request a few minor adjustments. Adoption of the plan will not automatically raise costs for Wichita or Sedgwick County taxpayers. Costs beyond those scheduled in current adopted Capital Improvement Programs will be encountered to fully implement the plan but the implementation schedule is flexible, and recommendations in this plan must be weighed against other priorities for public services. The plan does not have the force of law. It is not an ordinance nor a set of regulations, but rather a guide to be used by staff and decision makers, to help understand current and future park and recreation needs and help establish priorities. Council Member Cather Council Member Cather said the plan is good and represents a compromise. The City does, however, need to have a dedicated funding source. Council Member Ferris Council Member Ferris questioned the County's suggested change of deleting the requirement of new subdivisions to set aside land for open space. Marvin Fisher Park Board Member said that, as a Park Board Member, he is in favor of deleting the requirement. Should the developers not work with the City, the City would have the ability to bring back impact fees if needed. Mr. Fisher said he is counting on the fact that the developers are already setting aside the land and have proven that they want to do so. If the developers stop setting aside the land, Mr. Fisher said he would be on the telephone to the Council Members requesting discussions with those who are not helping in this endeavor. The ultimate result is that after one to three years, the City may not be dealing with impact fees because there may be another way to finance parks. Council Member Kamen Council Member Kamen mentioned that this is not the first time the School Board and the City have worked together on surplus properties. The School Board and the City have worked together several times in the past and have exchanged surplus properties. Council Member Rogers Council Member Rogers said his concern is the atmosphere of the changes that he does not agree with - the direction that it seems to be setting in terms of some of the specific changes being requested. It appears that some of the changes absolve other entities of any responsibility within the City of Wichita. It also seems that it makes difficult a public/private relationship in terms of park development within the City. Given that the Park Board seems to feel that they can live with these changes, Council Member Rogers said he would support the plan. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Janet Jansen Janet Jansen, Riverside resident, spoke in favor of the plan and said she is in favor of more parks and bike paths. Ms. Jansen said the existing bike path needs to be maintained as there are a considerable number of bumps. Ms. Jansen asked that those who stay downtown be remembered. Ms. Jansen stated that she would also like to see the inner-city bike paths expanded and the connection of the side paths. Right now, there is no way to get from the 21st Street Bike Path to the Sedgwick County Park without going over a hazardous bridge across the Big Ditch. Motion -- Cather moved that the 1996 Park and Open Space Plan, including the latest amendments requested by the County Commission and the Park Board, be adopted as an element of the Wichita-Sedgwick County Comprehensive Plan. Motion carried -- carried 7 to 0. BROOKS LANDFILL CONTR. REBIDDING OF BROOKS LANDFILL CONTRACT. This Item was Stricken from the Agenda. LAND OPTIONS QUESTION QUESTION OF LAND OPTIONS FOR PROPERTY IN NORTHEAST SEDGWICK COUNTY. Cathy Holdeman City Manager's Office reviewed the Item. Gary Rebenstorf Director of Law reviewed the contract options. Agenda Report No. 96-778. Pursuant to the City responsibility for solid waste planning under the Interlocal Agreement with Sedgwick County, and in reviewing alternative methods of disposing of solid waste, the City explored whether a new landfill should be sited in Sedgwick County. The City Council authorized the City Manager to purchase option contracts for property to be used as a landfill or transfer station. Further authority was given to the City Manager to extend the closing date of the option contracts to October 17, 1996. The option contracts for the property were sought in order to provide the City Council a basis to compare the cost of a landfill with that of a transfer station as the means of disposing of solid waste. The City had previously issued a Request for Proposals (RFP), asking interested vendors to bid on the cost of a transfer station. The Board of County Commissioners of Sedgwick County voted to terminate the Interlocal Agreement on August 28, 1996, and resume control of the statutory solid waste planning function for Sedgwick County. The City Council held a workshop on September 17, 1996, and received a presentation by Burns & McDonnell on solid waste disposal alternatives that included a comparison of a landfill and transfer station. Following the workshop, the Council decided to consider at its next meeting whether to exercise the options to purchase the property or assign the option contracts to the Board of County Commissioners of Sedgwick County for their decision on the purchase of the property for a landfill. The property under the option contracts is generally located in the Northeast portion of Sedgwick County, near Greenwich Road and 85th Street North. Four option contracts were executed, comprising a total of 1,428 acres: Contract No. 1 713 acres Contract No. 2 555 acres Contract No. 3 80 acres Contract No. 4 80 acres Total 1,428 acres The option contracts provide that if the property is to be purchased, the transactions must be consummated by October 17, 1996. The City Council has three alternatives in deciding what to do with the option contracts: 1. Not exercise the option contracts and let them expire on October 17, 1996. -The action would be to notify the sellers that the City will not exercise the option contracts. 2. Exercise the option contracts. -The action would be to make a finding and determination by resolution that it is necessary to acquire sites for the disposal of refuse or solid waste and authorize the purchase of the property by exercising the option contracts. 3. Assign the rights of the City in the option contracts to the Board of County Commissioners of Sedgwick County. -The action would be to authorize the Mayor to sign a contract between the City and the County assigning the City's rights in the option contracts. The assignment can be unconditional or conditional, with conditions the Council deems appropriate. The total purchase price for the property under the option contracts is $4,201,320. The total amount paid for the option contracts is $82,000. The option contracts provide that if the options are exercised, the amount paid for the options are applied to the purchase price. Therefore, the total balance to be paid if the option contracts were executed is $4,119,320. If the Council chooses to exercise the option contracts and purchase the property, adoption of a bonding resolution will be required. A financing plan that coincides with the financing plan for the Brooks landfill would be brought back to the Council for approval. The City has the legal authority to transfer or assign any property rights that it may have in property that is acquired or is under option contract with the City. The City of Wichita has the legal authority to acquire and operate a site for use as a landfill to dispose of solid waste. Construction and operation of a landfill is subject to receipt of a permit from the Secretary of KDHE. The Secretary is authorized to receive the advice and counsel of the local health department and county commission in deciding whether to issue the permit. The county commission certifies to the Secretary whether the proposed landfill is consistent with the county's official solid waste plan. The Secretary has the authority to grant a variance and approve the permit if there is no county certification. Council Member Kamen momentarily absent. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Bryan Jacks Bryan Jacks, resident living approximately one mile south on 69th Street North, said he wondered why the City would purchase land at a cost of $4.2 million ($3,000 to $4,000/acre) when the market price is much less than $1,000/acre; and why the City would purchase the land when Sedgwick County planned not to include a landfill. Mr. Jacks said his concern and interest is that landfill traffic and heavy truck traffic will occur and will use Greenwich Road. Janice Cooper Janice Cooper, 7555 North Greenwich Road (across from the property site), said she would like to see the City purchase less productive and beautiful land. Glenda Lott Glenda Lott, resident living directly south of the property, made a plea to the Council to think long and hard to alternatives to a landfill. The lives, hopes, and dreams of 400 people are at stake in this matter. Mayor Knight Mayor Knight said his view and hope is that, regardless of differences of opinion on the City Council and the County Commission, once a decision is made, an effort will be made to move forward together. Council Member Ferris Council Member Ferris said he spent a great deal of time, after last Tuesday, going through the information and documents. The cost of the land averages $2,942/acre which is considerably more than the City would pay if the ground were to be farmed; however, the City is not going to farm the ground. In early discussions when the City talked about acquiring land for a landfill for evaluation, Council Member Ferris argued against buying more than 500 or 600 acres (all that is needed for a landfill). Council Member Cather talked long about the cost of the land being an insignificant part of building a landfill. When the $4 million is compared to about $1.2 or $1.3 million, if there is to be concern about $3 million over the life of a 30-year landfill, there would certainly be concern about $10 million per year over a 30-year period which would total approximately $300 million. The $2.5 million is a good investment to save the community in the neighborhood of $200 to $300 million - depending on the life used for a landfill. The way to get willing sellers is to pay whatever they are willing to sell the land for. There were people in the area who, up until about 30 days ago, were not willing to sell their land. The currently adopted Waste Management Plan for Wichita/Sedgwick County, which was approved by the Wichita City Council and the Sedgwick County Commission, specifies landfills as a reasonable alternative for the disposal of solid waste. The Solid Waste Committee has recommended a landfill so that should not be an issue. Whether Sedgwick County changes that or not is an unknown. It is thought Sedgwick County will be willing to evaluate that over a period of time. Council Member Ferris said it is his opinion that the lives and quality of life of 400,000 people are being played with when $400 million is discussed to dispose of trash. Transfer of trash out of this region is a very expensive alternative. If the landfill option is not available, there is no other option except to transfer trash or, in two or three years and the cost becomes so prohibitive there is a public uproar, there may be a move to the Kingsbury site. Council Member Ferris said that, while he supported Kingsbury, this site is far superior to Kingsbury. In fact, the Council heard last week that this site is the best site in Sedgwick County. Professionals have evaluated the site without having an idea that the City owned the land. This site has more data than any other site in Sedgwick County - perhaps with the exception of the Brooks/Kingsbury area. This is an appropriate place for a landfill. It is unfortunate that a landfill will affect the lives of 400 to 500 people in a negative way. It will also be unfortunate if a transfer station is an alternative as there will be people at each of those sites who will say their lives will be impacted in a negative way that will cause them great distress. Trash disposed of in Sedgwick County, in any way - transfer, landfill, incineration, etc., will affect the lives of hundreds of people. With regard to why the City should buy the property since the County now has the planning process, Council Member Ferris said that if there are no other availabilities besides building a landfill, the County will have to recommend building a transfer station. There will not be land available and to go out and try to accumulate another 1,200 or 1,400 acres to build a landfill and there will be a condemnation task which will be held up in court. It will not be a situation where people are willing to sell the land. The County needs to have the land as a fall-back position because once the County gets into the evaluation process, if they are honest with themselves and their constituents, they will be recommending either a transfer station or a landfill and this alternative will be available. The City will be able to recoup the money through the tipping fees at the landfill over the life of Brooks for approximately $1.70 to $1.80/ton. That will be well within the realm of what will not cause any kind of rate shock or distress in the system and, if a landfill is ultimately built in the area, it will save hundreds of millions of dollars over that period. So, it is a good investment. The other reason is that, in the event that the County takes a narrow view and precludes all other options but transferring trash or walks away from the issue and asks the private sector to take care of it through their own transferring of trash, KDHE has made provisions where, in those circumstances, the City can appeal to KDHE and go about the business of landfilling if needed. This is not a closed-in option where the County has all the authority. The City still has statutory authority to buy land for a landfill and statutory authority to annex land for a landfill. The City had statutory authority to go into the permitting process of a landfill and, if KDHE believes that the County has not evaluated this in a complete and comprehensive manner, KDHE has statutory authority to permit the landfill. "It is my opinion that the most prudent thing the City can do, at this point in time, is to buy this land." Mayor Knight Mayor Knight stated that if economies could be measured precisely, there would points of Council Member Ferris's argument that would be very compelling - assuming a willingness to set aside the fact that Sedgwick County is an urban county and the City's fastest growth areas are out by Kingsbury and Brooks, and the other fastest growth area will be toward Furley. It would make sense if ten to twenty years were not trying to be thought out. Mayor Knight said the challenge faced in achieving a very bright future is that cooperation is the price of the progress. Without almost resolute harmony between the City, County, and the School Board, and without trying to soften the edges between multiple and varied constituencies in and outside of the City, progress will be difficult. Investment decisions are going to be made more and more about the cohesion in a society, region, and city. Almost every aspect of this, if the City were to proceed and exercise the options, would fly right in the face of this. "I think there would be legislative implications on some things that are very important to us. I certainly believe that there would be lawsuits. I believe that people, that feel as passionately about their land as I feel about my little parcel of land where our home is located, will go to just about any extent to try and protect what that represents in their hopes and dreams." The City has five years at Brooks Landfill. Brooks Landfill is a result of a political meltdown 30 years ago. Brooks Landfill was used because there was no agreement on where to go elsewhere - and it was supposed to be temporary. Brooks Landfill is turning into an environmental calamity. The City ought to get out of Brooks Landfill. "Kingsbury is not an option as long as I sit up here and as long as I draw air to vote on these questions. My major objective was to get out of Brooks and Kingsbury and I hope people are starting to appreciate more and more as to why because there are some tremendous hidden associated costs with being in that area." There is ample time with Brooks Landfill for a very patterned and thoughtful strategy to handle solid waste if there is cooperation. If there is not cooperation, there will be a crisis because there will not be a plan in place in five years the City and County are pulling in different directions. The County has the authority to do the planning and implementation of a solid waste strategy for Wichita and Sedgwick County. There are provisions that if the City were to go a different direction the Secretary of KDHE could provide a waiver - that will not happen. Politically it is not going to happen. Mayor Knight said he believed the City had to have the options to compare apples to apples. If the Council had made a decision land would have been purchased - not options. Mayor Knight stated that he is not in favor of proceeding because the County has the authority and can come up with a solid waste strategy that will serve the City if the City Council will support the County Commission in every way possible. There is no way to factor in the fact that this will have been done over tremendous legal objections or what will happen in the legislature when the City and County go divided to Topeka in January. What will happen is that the fruit of this state will go to northeast Kansas. "They are not going to tolerate this. They are just simply not going to spend their time on governing jurisdictions that cannot get along. This is a very, very important issue to the County, obviously. Whether we agree or disagree with what they did - it is a reality and we have to confront the reality. "I think that we are very misguided to go outside of our jurisdiction, after what the County did, and purchase land - and the only reason we would purchase it is with the intention of the City of Wichita unilaterally developing a landfill out there. It is not going to be tolerated and it is going to be opposed by everything that the County can do and, if that is not sufficient, they will try and get legislative kinds of assistance. That, of course, splits everything else. The most important thing that I can imagine for this City and this region is a strong, dynamic economy. We may end up with different views as to our responsibilities for serving other people but unless you are producing well you cannot live well, you cannot assist those that are less fortunate, and you certainly cannot provide the opportunity for people to work. I think something like this even works against that. At a time when we have to pull everybody together, this is one of those issues that is going to drive us apart. If it was our decision, then I think we ought to be considering this. It is not our decision anymore, as far as I am concerned, so let us transfer the options to the County." Council Member Kamen Council Member Kamen said that, unofficially, the County's program may not include a landfill but, officially, the County is supposed to look at all alternatives including a landfill. Council Member Kamen added that the figures used by Council Member Ferris were the least expensive transfer station as opposed to a landfill. The least expensive transfer station was pointed out by the consultant to not be an authentic quote at this time because there was no landfill to take the waste to. So, the cost between the transfer station and the landfill will probably be quite a bit more than what was cited by Council Member Ferris. Mayor Knight momentarily absent with Vice Mayor Cather in the Chair. Steve Lackey Director of Public Works, responding to a question, said the Chapin Landfill is owned by Sedgwick County and the City of Wichita. Brooks Landfill is owned by the Park Board. The City of Wichita owns Kingsbury and the 51 acres called the "Miller Tract" to the southeast of Brooks at the interchange. The original design plans and contours of Brooks Cell D were structured such that they would be used for soccer fields and ball diamonds on top. Cell C was to be used as a ski slope and a trail system on the east side of West Street. The Park Department is looking at Chapin (a little over 300 acres) for a park, open space, and trail system. The closest residence to Brooks is on Hoover Street, about one-half to three-quarters of a mile away from the current active cell. The Moorings is a little less than one mile away from the active cell. Regarding the roads to the land in the northeast area of Sedgwick County, there are roads other than Greenwich Road that are not as direct to the highway system which would probably also need upgrading. There are other road systems in the area that, at some point in time for one reason or another, would be used occasionally. Council Member Kamen Council Member Kamen stated that, if a landfill is constructed and the savings are as great as are anticipated, it is hoped a lot of the savings would be used in conjunction with making the impact of the landfill as light as possible on the residents. Council Member Kamen said he did not know of any groups that have suggested a transfer station as the way to go. Most of the organizations, from the Sierra Club to business organizations and the Solid Waste Committee, have all, in one form or another, suggested a landfill. The overriding argument is that, looking at the history of the last 30 years - before Brooks, if the site is not purchased there will never be an opportunity to have another site. The fact that this site was put together was extra- ordinary because the City has tried for the last 30 years or so to get a site of this nature. Consultants say this is the best site, environmentally, in Sedgwick County. Council Member Cather Council Member Cather said he was in favor of transferring the option to Sedgwick County. If there is going to be a $4/month increase in taxes if a transfer station is to be built, that kind of a tax increase will be opposed by people like the Chamber of Commerce, WIBA, and others. There really will be around 400,000 people who will be interested in avoiding that $4/month increase. Council Member Cather said his personal prediction is that the County very well may receive the opportunity from the City to take over the options and, they may very intentionally, let those options expire so that they will have no choice because that is the choice they want - and then be locked into a transfer station. Despite the fact that this may be the best site in Sedgwick County, Council Member Cather said he is also moved by the fact that the law says that the Counties in the State of Kansas will be responsible for this function. The City needs to recognize that Sedgwick County has taken that responsibility away from the City and offer the options to the County. Brooks Landfill, a damaged site, needs to be closed. Motion -- Knight moved that the Options on the land in northeast Sedgwick County be transferred to the Sedgwick County Commission. Substitute Motion -- Ferris moved a substitute motion that the options on the land be exercised and take place on the date the funds are available; that the money be paid out of a tipping fee increase to be brought to the City Council in October; that Sedgwick County be notified that the land is available for a landfill if the County so chooses to direct it in that manner; and that the Resolution be adopted. -- carried Substitute motion carried 4 to 3. Cather, Rogers, Knight - No. RESOLUTION NO. R-96-351 A Resolution authorizing the acquisition of a site for the disposal of municipal solid waste and declaring it to be the intention of the City to issue General Obligation Bonds in an amount not to exceed $4,250,000.00 to pay all or a portion of the costs of such project, presented. Ferris moved that the Resolution be adopted. Motion carried 4 to 3. Yeas: Cole, Ferris, Gale, Kamen. Nays: Cather, Rogers, Knight. CITY COUNCIL AGENDA TRAVEL APPROVAL APPROVAL OF VICE MAYOR CATHER AND SPOUSE'S TRAVEL TO KAIFENG, CHINA, OCTOBER 24-OCTOBER 31, TO ATTEND KAIFENG'S CHRYSANTHEMUM FESTIVAL AND CELEBRATE THE 10TH ANNIVERSARY OF SISTER CITIES RELATIONSHIP. Motion -- carried Ferris moved that the travel expenses be authorized. Motion carried 7 to 0. APPOINTMENTS APPOINTMENT TO WICHITA COMMISSION ON THE STATUS OF WOMEN. One appointment (Rogers), for a term expiring June 30, 1997. Motion -- carried Rogers moved that this Item be deferred two weeks. Motion carried 7 to 0. APPOINTMENT TO WICHITA/SEDGWICK COUNTY BOARD OF HEALTH. One appointment (Cole), for a term expiring June 30, 1997. Motion -- Cole appointed Dr. Clell Solomon Sr. and moved that the appointment be approved. -- carried Motion carried 7 to 0. APPOINTMENT TO WICHITA-SEDGWICK COUNTY SOLID WASTE MANAGEMENT PLANNING COMMITTEE. One appointment (Cather), for a term expiring June 30, 1997. Motion -- Cather appointed Bill Skaer and moved that the appointment be approved. Motion -- carried carried 7 to 0. APPOINTMENT TO WICHITA PUBLIC BUILDING COMMISSION. One appointment (Gale), for a term expiring June 30, 1997. Motion -- carried Gale moved that this Item be deferred two weeks. Motion carried 7 to 0. APPOINTMENT TO METROPOLITAN AREA PLANNING COMMISSION. One appointment (Rogers), for a term expiring June 30, 1997. Motion -- Rogers appointed Mitch Faroh and moved that the appointment be approved. Motion -- carried carried 7 to 0. OFF AGENDA ITEM SEWER BACK-UPS Motion -- Knight moved that the rules be set aside and an Item be taken up off the Agenda. -- carried Motion carried 7 to 0. Council Member Kamen Council Member Kamen asked that Staff look at (in addition to water main break damage) basements where sewer back-up takes place. City Policy should be looked at to see if something could be worked out. Cathy Holdeman City Manager's Office said Staff convened a committee to look at this issue and sewer back-ups were also studied. The matter is to be brought back to the Council for consideration shortly. OFF AGENDA ITEM APPEAL PLANNING COMMISSION APPROVAL FOR A CONDITIONAL USE PERMIT ON AN EXPANDED PARKING LOT ON JEANETTE STREET NORTH OF 13TH STREET NORTH AND ACROSS FROM MINISSA PARK. Motion -- Cole moved that the rules be set aside and an Item be taken up off the Agenda. -- carried Motion carried 7 to 0. Council Member Cole Council Member Cole explained that the Park Board would like an opportunity to look at this matter before it comes to the Council. Motion -- Cole moved to appeal the Planning Commission approval for a conditional use permit and reschedule it for consideration by the Council after the Park Board has considered the Item on its Agenda. Mayor Knight Mayor Knight said this reaffirms the importance of sending items to the appropriate review bodies before they come to the Council. -- carried Motion carried 6 to 1. Knight - No. PROCLAMATIONS PROCLAMATIONS. -- Javits-Wagner-O'Day (JWOD) Week -- White Cane Safety Day -- Mental Illness Awareness Week -- Ruben Molina Memorial Day -- YWCA Week Without Violence Motion -- carried Knight moved that the proclamations be authorized. Motion carried 7 to 0. CONSENT AGENDA Knight moved that the Consent Agenda, except Items 13a and 37, be approved in accordance with the recommended action shown thereon. Motion carried 7 to 0. BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED SEPTEMBER 23, 1996. At 10:00 a.m., Friday, September 20, 1996, pursuant to advertisements published, bids were received, publicly opened, read aloud and tabulated for the Board of Bids and Contracts: (Ref: Bid analysis report attached to Board of Bids Minutes September 23, 1996) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS 1996 KLINK Pavement Resurfacing and Repairs on K-15 (Southeast Boulevard) from the north side of the Kansas Turnpike (I-35) to the south side of I-135. (132373) Traffic to be maintained through construction. (Council approval date 01-23-96) (District 3) Cornejo and Sons - $209,450.00 (Engineer's Construction Estimate) Water Supply Line to serve Savanna at Castle Rock Ranch 5th - 8th Additions (north of 13th, along both sides of 143rd Street East). (448-89048/733402/470418) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 08-13-96) (District n/a) H. D. Mills and Sons - $22,912.00 Water Distribution System to serve Savanna at Castle Rock Ranch 8th Addition (north of 13th, west of 143rd Street East). (448-89049/733428/470420) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 08-19-96) (District n/a) WBW Contractors - $39,580.00 Lincoln from the west line of the NE 1/4, Section 27, T27S, R2E to the west line of 127th Street East; LaGuna from the west line of Lot 23, Block 1, to the west line of Lincoln; Lincoln Courts serving Lots 1 through 7 and 8 through 15, Block 1, Lots 10 through 21, Block 2, and Lots 17 through 21, Block 5, from the west line of Lincoln to and including the cul-de-sac; Lots 1 through 22, Block 3, from the east line of Lincoln to and including the cul-de-sac; Lots 1 through 9, Block 4, from the north line of Lincoln to and including the cul-de-sac; Lots 1 through 16, Block 5, from the south line of Lincoln to and including the cul-de-sac; LaGuna Courts serving Lots 17 through 20, Block 1, from the west line of Lincoln to and including the cul-de-sac, and; Lots 1 through 4, Block 2, from the north line of LaGuna to and including the cul-de-sac, and; Sidewalk be constructed adjacent to the north and west line of Lincoln from the west line of the NE 1/4, Section 27, T27S, R2E to the west line of 127th Street East and along or near the south line of Lincoln from the west line of said quarter section to Reserve C and through Reserve C to the north line of Reserve C (south line of Lincoln) and across Reserve C to the site of Seltzer School and along the north line of LaGuna from the west line of Block 1 to the west line of Lincoln Woodland Lakes Estates Addition (west of 127th Street East and south of Kellogg). (472-82695/763730/490476) Does not affect existing traffic. (Council approval date 03-05-96) (District 2) Asphalt Construction - $753,905.00 Water Distribution System to serve Auburn Hills Addition (south of Maple, east of 135th Street West). (448- 89066/733410/470419) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 08-30-96) (District n/a) Mies Construction Company, Inc. - $48,000.00 Knight moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign for the City. Motion carried 7 to 0. VARIOUS DEPARTMENTS: NEW CURRENT MODEL FIVE (5) PASSENGER WINDOW MINI VAN (EXTENDED), AND CURRENT MODEL 8800 GVW REGULAR CAB AND CHASSIS 037200 AS PER SPECIFICATIONS 1. Don Hattan Chevrolet - Total Group I - $17,725.00 ( Plus Applicable Sales Tax) W/Option 1 - Trade-In - $800.00 2. Rusty Eck Ford - Total Group II - $49,746.00 PUBLIC WORKS DEPARTMENT/FLEET AND BUILDINGS DIVISION: ROOF AND BUILDING REPAIRS TO VARIOUS PARK DEPARTMENT BUILDINGS 785543-2505 AS PER SPECIFICATIONS Roof Mechanics Inc. - $60,881.00 - Alternate Total Net Bid W/ Option #1 - .65 per square foot. Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid. Motion carried 7 to 0. (ITEM 13A) ALLIS HOTEL CONTRACT CONTRACT AMENDMENT WITH KEY CONSTRUCTION FOR DEMOLITION OF ALLIS HOTEL. Agenda Report No. 96-779. In January of 1995, the City entered into a contract with Key Construction for the demolition of the Allis Hotel. The contract price was $840,000. Key Construction began work under the contract and was then stopped by court orders issued as a result of a lawsuit filed by the Historic Preservation Alliance challenging the City's right to demolish the building. That lawsuit was ultimately dismissed by the HPA in September 1995. However, the City continued to explore the possibility of redevelopment of the property and, therefore, directed a suspension of the work indefinitely. The Council recently directed resumption of the demolition of the Allis Hotel. Under the provisions of the contract, the contractor is entitled to certain delay damages which resulted from the lengthy suspension of work. Discussions between City staff and the contractor have resulted in an agreement as to the amount of that claim. The contractor has agreed to accept $170,492 in full settlement of its claims (both for itself and on behalf of its prime subcontractors). This is some $50,000 less than the amount originally claimed. In addition, the contractor has agreed that if it can begin work again immediately it will complete the work for the remaining portion of its contract with only a small change order requested to cover the increased costs of landfill fees which it will pay to dispose of the demolition rubble. The remaining contract amount is $364,733. The additional amount to cover the increase in landfill fees is $6,100. This means that the remaining contract price to be paid will be $370,833. There are sufficient funds in the capital budget to pay the settlement costs and the remaining contract amount. This project will be financed through the issuance of general obligation bonds. Motion -- Cather moved that this Item be deferred one week to allow time to think over the Jonker proposal and to allow time for preservationists to meet. Jack Brown Environmental Health Director, responding to a question, said the various health issues have been addressed and the protection of the public has been accommodated. Gary Rebenstorf Director of Law indicated that the contract with the demolition company would require insurance and indemnify the City. The contractor would be responsible for any damages. Substitute motion -- Ferris moved a substitute motion that the contract be approved subject to (if recommended by Staff) asking Staff to look into consulting with Key Construction to see if there would be a window of time in which Mr. Jonker could be allowed to be on the premises to conclude whatever he would like to do. Substitute -- carried motion carried 4 to 3. Cather, Gale, Knight - No. LICENSE APPLICATIONS SPECIAL EVENTS PERMIT. Jack L. Silvers Old Town Chili Cookout 9/21/96 619 E. William Applications for Licenses to Retail Cereal Malt Beverages. Renewal 1996 (Consumption on Premises) Dennis H. Grady Wichita Canteen Co., Inc.1845 Fairmount* Lora G. Swaim Lora's Tap Room815-17 W. 11th New Establishment 1996 (Consumption on Premises) Lai V. Ho Saigon Oriental Restaurant8414 W. 13th #50* Lisa A. Nunns Chug A Lug 5111 W. 13th Charles E. Rhodes The Rhodes House 1107 E. Pawnee 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. Reconstructing a portion of Main 1, War Industries Sewer (Collector Relief Project) (North of Pawnee, East of Oliver). (468-82531/632430/533318) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 7-18-95) (District III) b. Sewer Response Plan Raise Buried Manholes (1996 - Set 4). (468-82642/621417/533252) Does not affect existing traffic. (Council approval date 7-18-95) (District All) c. Sanitary Sewer Improvements to a portion of Planeview Subdivision (468-82519/622209/533331) Traffic to be maintained. (Council approval date 7-18-95) (District III) 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 4, 1996. Motion carried 7 to 0. SUBDIVISION PLANS AND SPECIFICATIONS. a. Water Distribution System to serve Bradford North Addition (West of Tyler, South of 29th). Does not affect existing traffics. (Council approval date 6-11-96) (District 5) (448-88984/733279/470-405) b. Water Distribution System to serve Harrison Park 2nd Addition (East of Webb, North of Lincoln). Does not affect existing traffic. (Council approval date 8-20-96) (District 2) (448-89072/733436/470-421) c. Lat 131, War Industries Sewer to serve Turtle Run 3rd Addition (South of Pawnee, West of Webb). Does not affect existing traffic. (Council approval date 4-2-96) (District 2) (468-82588/742809/480-372) d. Storm Water Sewer #478 to serve Harrison Park 2nd Addition (South of Pawnee, West of Webb). Does not affect existing traffic. (Council approval date 8-20-96) (District 2) (468-82635/750877/485-123) e. Paving Improvements on Pawnee from Maize Rd to Yellowstone: Pawnee Avenue from the Maize Road to the east line of the plat, Wilderness at the Park (South of Pawnee, east of Maize) (82386); Pawnee from the east line of Maize Road to the east line of Crestline, Prairie Woods Addition (North of Pawnee, East of Maize) (82568); Pawnee from Maize to 265' East of Crestline to the east line of Yellowstone (82678); and Pawnee from the west line of Lot 1, Block 1 to the east line of Lot 1, Block 1, The Park Chateau Addition (82763). Pawnee will be closed for construction. (Council approval date 11-16- 93/3-21-95/3-5-96/8-27-96) (District 5) (472- 82386/82568/82678/82763/763003/763011/706333/763938/ 490-403/490-404/405-187/490-496) 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 4, 1996. Motion carried 7 to 0. PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. b. Sewer Response Plan Raise Buried Manholes (1996 - Set 4). Does not affect existing traffic. (Council approval date 7-18-95) (District All) (468-82642/621417/533- 252) a. Reconstructing a portion of Main 1, War Industries Sewer (Collector Relief Project) (North of Pawnee, East of Oliver). Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 7-18- 95) (District III) (468-82531/632430/533-318) Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 7 to 0. PETITION PETITION (100%). Agenda Report No. 96-780. The signature on the petition represents 100% of the improvement district. The project was originally approved on March 26, 1996 at the time of platting. The purpose of the new petition is to modify the improvement district to accommodate changes in the design concept for the development. There is no budget increase. Motion -- Knight moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-96-352 Resolution of findings of advisability and Resolution authorizing construction of Lateral 130, War Industries Sewer (west of Webb, south of 29th), 468-82580 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. BOARDS MINUTES MINUTES OF ADVISORY BOARDS. Commission on the Status of Women, 9/4/96 CPO Northeast Council 1, 8/26/96 CPO Northeast Council 1, 9/9/96 CPO East Council 2, 9/9/96 CPO Southwest Council 4, 9/12/96 CPO Northwest Council 5, 9/11/96 CPO North Central Council 6, 9/11/96 Police & Fire Retirement System of Wichita, KS Regular Meeting, 8/28/96 Wichita Employees' Retirement System Regular Meeting, 8/28/96 Wichita Traffic Commission, 6/19/96 Wichita Traffic Commission, 8/21/96 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 7 to 0. STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. Agenda Report No. 96-805. KGE Gas is requesting the complete closure of 2nd Street between Sycamore and McLean from approximately 7:00 a.m. to 3:00 p.m. on Saturday, September 28, or Sunday, September 29. Because of the wet weather conditions between September 14, and September 19, KGE's contractor was not able to accomplish the relocation of a gas main under the Arkansas River during the September 21-22 closure for Utility Contractors. KGE Gas has agreed to schedule this work during a weekend to minimize the impact on traffic and is responsible for construction barricades and detour signing during the closure. There is no cost to the City. During the closure, traffic will be detoured using Sycamore, Douglas and McLean. Agenda Report No. 96-804. On August 27, 1996, the City awarded a Contract to Bob Bergkamp Company to construct Phase I of the Kellogg/Oliver Interchange. A large storm sewer will be constructed across Lincoln Street at Broadview as a part of the project. It is necessary to reduce Lincoln to two lanes of traffic (one lane each direction) at this location. The lane reduction will begin September 30, 1996, and will remain in effect for approximately six weeks. A new reinforced concrete box culvert will be constructed at the intersection of Orme at Pinecrest. It is necessary to close this intersection to permit this work. The closure will begin September 30, 1996, and will remain in effect for approximately three months. There is no cost to the City. Motion -- carried Knight moved that the street closures be approved. Motion carried 7 to 0. MUNICIPAL COURTROOM MUNICIPAL COURT COURTROOM ADDITION. Agenda Report No. 96-781. The number of cases heard in Municipal Court continues to increase at an average rate of 6% each year. With increased focus on public safety issues and increased penalties for violators the number of cases will continue to increase. Currently, the primary courtrooms are operating at capacity. The three primary courtrooms on the third floor of City Hall each have equipment to allow for video arraignment of prisoners held in the Sedgwick County jail. Using video technology for arraignment avoids moving prisoners from the jail to the courtroom, saving staff time and reducing risk of escape or possible harm to citizens. With increased emphasis on warrant service, arraignment dockets are now taking five to seven hours of courtroom time. A fourth courtroom is being proposed which would be substantially smaller, but large enough to handle all video arraignments. This change would allow the primary courtrooms to be used exclusively for trials and other hearings where more people are present. Approval of this project will not change the City Council's previous decision to hold administrative traffic court in the Council Chambers. These decisions are being used in complement to increase courtroom capacity. The current Capital Improvement Program budget includes a project item in the amount of $138,000 to complete this activity. Approval of a bond resolution authorizing issuance of general obligation bonds is requested at this time. Motion -- Knight moved that the Project be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-96-353 A Resolution declaring it necessary to reconstruct, alter, and repair city facilities located at 455 North Main by adding an additional courtroom to the third floor of City Hall; directing the Public Works Department to submit a full report together with a preliminary estimate of the cost thereof; declaring it to be the intention of the Governing Body to issue City of Wichita General Obligation Bonds in an amount not to exceed $138,000.00 relating thereto, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. OLIVER (25TH-37TH) AUTHORITY TO AWARD CONTRACT - COMMITMENT OF CITY FUNDS FOR OLIVER FROM 25TH TO 37TH STREET NORTH. (District I) Agenda Report No. 96-782. The Authorization Document between the City and the Kansas Department of Transportation (KDOT) is for reconstructing and widening Oliver from 25th to 37th Street North. On June 6, 1995, 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 1996 Capital Improvement Program (CIP No. MS-467) The existing roadway is an old, two-lane, county-type street that does not have sufficient capacity to meet peak traffic demand. The proposed improvement will provide four lanes of through traffic. Sidewalks will be installed along both sides of the street and the right-of-way will be landscaped. Bids for construction of the improvements were received on August 21, 1996. Cornejo & Sons, Inc. submitted the low bid of $2,278,706. In accordance with the Agreement entered into by the City and KDOT, the City's share of the cost is $464,856 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 $190,898. 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. HEALTH DEPT. HEALTH DEPARTMENT HEATING/COOLING DISTRIBUTION. (District I) Agenda Report No. 96-783. The Wichita-Sedgwick County Health Department, 1900 East 9th Street, is maintained by the City of Wichita Public Works Department. The quality of heating and cooling is poor in many areas of the building. Modifications will be made to the building to better deliver and control heating and cooling in the areas where needed. The City and Sedgwick County have agreed to share the cost of the renovation. The Capital Improvement Program (CIP No. PB-116) budgets $29,000 from the City and $19,000 from Sedgwick County for a total of $48,000. The funding source for the City is General Obligation Bonds. Motion -- Knight moved that the Project be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-96-354 A Resolution declaring it necessary to upgrade heating and cooling equipment at the Wichita-Sedgwick County Department of Community Health Facilities, located at 1900 East 9th Street in Wichita, Kansas; directing that a preliminary estimate of the cost thereof be prepared and declaring it to be the intention of the Governing Body to issue City of Wichita General Obligation Bonds in an amount not to exceed $48,000 to pay all or a portion of the costs thereof, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. MAINTENANCE FACILITY CENTRAL MAINTENANCE FACILITY ROOFTOP HVAC REPLACEMENT. (District IV) Agenda Report No. 96-784 The rooftop heating/cooling/ventilation (HVAC) equipment at the Central Maintenance Facility main building is 20-years old. The life expectancy for this type of equipment is 15 years. The equipment uses increasingly more electricity and is undependable, creating an uncomfortable working environment. This equipment needs to be replaced. The new equipment is more energy efficient which will save in electricity costs and the repair costs will be eliminated. The Capital Improvement Program (CIP No. PB- 9504) budgets $150,000 for replacement of this equipment. The funding source is General Obligation Bonds. Motion -- Knight moved that the Project be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-96-355 A Resolution declaring it necessary to upgrade and replace certain heating and cooling equipment at the Public Works Central Maintenance Facility, 1801 South McLean in Wichita, Kansas; directing that a preliminary estimate of the cost thereof be prepared and declaring it to be the intention of the Governing Body to issue City of Wichita General Obligation Bonds in an amount not to exceed $150,000 to pay all or a portion of the costs thereof, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. HEALTH DEPARTMENT HEALTH DEPARTMENT PARKING LOT RENOVATION. (District I) Agenda Report No. 96-785. The Wichita-Sedgwick County Health Department, 1900 East 9th Street, is maintained by the City of Wichita Public Works Department. The parking lot is in need of extensive repair work. The parking lot needs renovation to prevent further deterioration of the pavement and to restore a uniform driving surface. The City and Sedgwick County have agreed to share the cost of the renovation. The Capital Improvement Program (CIP No. PB- 9224) budgets $90,000 from the City and $60,000 from Sedgwick County for a total of $150,000. The funding source for the City is General Obligation Bonds. Motion -- Knight moved that the Project be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-96-356 A Resolution declaring it necessary to renovate parking surfaces at the Wichita-Sedgwick County Department of Community Health Facilities, located at 1900 East 9th Street in Wichita, Kansas; directing that a preliminary estimate of the cost thereof be prepared and declaring it to be the intention of the Governing Body to issue City of Wichita General Obligation Bonds in an amount not to exceed $150,000 to pay all or a portion of the costs thereof, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. LIBRARY WEATHERPROOF. MAIN LIBRARY WEATHERPROOFING. (District VI) Agenda Report No. 96-786. The Library was opened in 1967 and is now 30- years old. The retaining walls and caulking joints are deteriorating. The building deficiencies will be evaluated and repaired. The exterior masonry surface was resealed in 1983 and will require resealing in 1997. This project will rehabilitate a public facility, prevent premature failure of the building and prevent leakage through the walls. The Capital Improvement Program (CIP No. PB- 9215) budgets $54,000 for design and construction costs. The funding source is General Obligation Bonds. Motion -- Knight moved that the Project be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-96-357 A Resolution declaring it necessary to perform exterior repair and weatherproofing at the main public Library located at 223 South Main in Wichita, Kansas; directing that a preliminary estimate of the cost thereof be prepared and declaring it to be the intention of the Governing Body to issue City of Wichita General Obligation Bonds in an amount not to exceed $54,000 to pay all or a portion of the costs thereof, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. FINANCIAL REPORT MONTHLY FINANCIAL REPORT. Motion -- carried Knight moved that the Report be received and filed. Motion carried 7 to 0. REMITTANCE PROCESSING REMITTANCE PROCESSING SYSTEM PURCHASE. Agenda Report No. 96-787. Finance (Express Office) offers a variety of services to the public and internal departments. Finance provides services to internal departments by processing payments and deposits of moneys. In an effort to keep costs low, the Express Office has been pursuing new and innovative methods to automate current processes and lower the per item processing cost. The main effort has been in reviewing a new remittance processing system. A remittance processor uses a scanline image to convert data relative to a customer's account, bill date, and amount into a form which can be processed through an automated process. Basically, a processor acts as a cash register to the extent that the amount a customer pays is credited to their account and the check is encoded and endorsed for the City. The current processor has outlived its useful life and by all technical definitions is archaic and outdated. Under current printing conditions, print variation is a major problem and is the cause of high reject rates, ranging from a low of 3% to a high of 50%. Reject processing is extremely labor intensive and lends itself to posting errors manually. The processor is very limited in its capabilities with regards to research, variability of printed documents, and error detection and correction. Current technology offers several advantages over the system in use at the present time. These include, but are not limited to: o Intelligent Character Recognition (ICR): The ability to read, recognize, and compare human handwriting; o Image Archive and retrieval: All items will be imaged and stored on CD's for more efficient retrieval and less costly archival due to reduced cost of processing microfilm reels; and o Adjustable scan bands: The ability to adjust the scan band greatly improves the operators ability to adjust for printing variations, thus reducing the error rate. An RFP was distributed to prospective vendors in January, 1996. Only two vendors responded. Based on a lower cost and additional enhancements offered, an NCR 7780 purchased through CPS Systems, Inc. was selected. The purchase of a new processor will allow Finance to reduce staff and time necessary to process payments. The cost of the remittance processing system is $243,036. Of this amount, Water and Sewer's capital budget currently includes $200,000. The difference in cost will be realized in a less than two-year payback in the aforementioned staff reduction savings. Motion -- Knight moved that the purchase of an NCR 7780 remittance processing system from -- carried CPS Systems, Inc., be approved. Motion carried 7 to 0. BAD DEBT COLLECTIONS BAD DEBT COLLECTIONS - REDIRECTION OF CONTRACT VENDOR. Agenda Report No. 96-788. The City's bad debt collections contract has been serviced by NCO Financial Systems, Inc. since February 1, 1996. The vendor was selected by a committee and approved at the December 12, 1995 City Council Meeting. The vendor has not performed per the contract. The contract is being terminated, due to the lack in collection performance, effective September 30, 1996. The Cash Manager and Water Customer Service Manager recommends redirecting the contract to Berlin-Wheeler, Inc. Berlin Wheeler, Inc. offered the City a 33 1/3% commission rate, $1.50 per each demand letter, and a minimum guaranteed recovery rate of 15%. The City will forward approximately $265,000 annually to Berlin-Wheeler, Inc. They have guaranteed a minimum recovery rate of 15% which means the City will recapture at minimum approximately $39,750 annually (net of fees). The contract is for a one (1) year period with an optional one year renewal under the same terms and conditions by mutual consent. Purchasing Manager will negotiate the contract with Law Department review and approval. Motion -- Knight moved that the selection of Berlin-Wheeler, Inc. be approved; and the -- carried Mayor be authorized to sign a negotiated contract. Motion carried 7 to 0. PROPERTY ACQUISITION SETTLEMENT OF EMINENT DOMAIN APPEAL - CASE NO. 95 C 141 - 21ST STREET. Agenda Report No. 96-789. In January 1995, the City acquired, by eminent domain, two tracts of land in the area of 21st Street North and Grove Street for use in connection with the Northeast Community Development Project. The owners and tenants of both tracts appealed the court award in this condemnation. The properties are owned by B.B.B., Inc. The appeal is being handled for the City by its outside eminent domain counsel. Trial is set for later this year. The City paid a court award of $50,070 to acquire these tracts. Both tracts are developed. One houses a barbecue restaurant and the other a convenience store. The owner and tenants have offered to settle this matter in return for the payment of an additional $9,930 by the City. The original appraisal by the City's appraiser and by the court- appointed appraisers reduced the value of these properties on account of the presence of leaking underground storage tanks. The market value of the properties was approximately $60,000 prior to this reduction. It has since developed that these tanks do not require removal and, therefore, the amount deducted from the properties' market value to account for this should be disregarded. For this reason, settlement at an agreed market value of $60,000 is reasonable and will save the City any further fees and expenses for trial preparation. The costs of this settlement will be paid from the Northeast Community Development Project fund. Motion -- Knight moved that the settlement and payment of $9,930 be approved. Motion -- carried carried 7 to 0. CONSTRUCT OVER EASEMENT EASEMENT ENCROACHMENT AGREEMENT FOR 7134 WEST GARDEN RIDGE COURT, LAKE RIDGE ADDITION. (District V) Agenda Report No. 96-790. The property owner at 7134 W. Garden Ridge Court requests the construction of a concrete fence. The fence will be 6 feet tall, 6 inches wide and 80 feet long with weep holes or blockout in the fence over the public easement containing the storm water drainage system. The Agreement allows Neil Construction to occupy the public easement and waives all rights to action in law arising out of the encroachment over the easement. In addition, the property owner agrees to inspect, maintain and repair the storm water drainage system from such time as construction of the structure starts until they cease to occupy the easement. The property owner also agrees to pay other parties for any increased costs that may accrue due to connecting to that portion of the storm water drainage system or easement that the structure is over. There are no alternatives except for the denial of the requested approval to occupy. There is no cost to the City. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. GROUNDWATER STUDY AMENDMENT TO THE GROUNDWATER STUDY AGREEMENT FOR BROOKS LANDFILL. (District IV) Agenda Report No. 96-791. Camp Dresser and McKee (CDM) is providing professional environmental engineering services for the Brooks Landfill Ground Water Study, Monitoring, Clean-up and Containment. This on-going study is required by the Kansas Department of Health and Environment (KDHE) to address the conditions identified in the operating permit for the Brooks Landfill. The City Council has approved Contract Amendments for this activity in the amount of $85,000 on April 9, 1996 and on August 27, 1996 for $212,045. For continued use of the Brooks Landfill until the year 2001, KDHE operating permit conditions require additional environmental monitoring and the installation of ground water remediation systems by the end of 1997. The additional investigation, design, monitoring and clean-up work proposed under this Contract Amendment is necessary due to the strict time frames imposed by KDHE on August 30, 1996, (Municipal Solid Waste Landfill Permit - No. 213 for Brooks Landfill). Due to the vertical expansion of Brooks and the need to address the ground water contamination, the scope of work involved in this Contract Amendment includes the following: 1. Develop a pilot study work plan for the proposed Phase 2 air sparging system located close to the source of the contamination. 2. Prepare a monitoring well installation work plan for submittal to KDHE. 3. Install five monitoring well clusters based on a KDHE approved work plan. 4. Design of a Phase 1 downgradient ground water containment and treatment system at the southern end of the contaminant plume. 5. Provide construction assistance to the City for the purpose of construction quality assurance during the installation of the Phase 1 downgradient containment and treatment system. 6. Conduct a performance evaluation of the Phase 1 system. 7. Design the Phase 2 Air Sparging System that will be installed upgradient and close to the source of the contamination. 8. Provide construction assistance to the City for the Phase 2 source control system. 9. Provide performance evaluation of the Phase 2 system. 10. Provide all necessary monitoring and activity reporting as required by KDHE. The Contract Amendment is for $854,203. This is a portion of the construction phase of the groundwater contamination control, which is estimated to cost $3.5 million. The funding source is General Obligation Bonds. New financing strategies may be considered to fund long-term costs in light of planned operation of Brooks Landfill for only up to five more years. A plan of finance to cover the capital and operating costs for Brooks Landfill's long-term issues (groundwater contamination, closure, and post- closure) will be returned to City Council at a later date. Adjustments to the financing of the groundwater contamination control may be made at that time. Motion -- Knight moved that the Amendment be approved and the Mayor be authorized to sign; the Resolution be adopted; and the necessary budget adjustments be authorized. -- carried Motion carried 7 to 0. RESOLUTION NO. R-96-358 A Resolution finding it necessary to make certain improvements to address groundwater contamination from Brooks Landfill southeasterly to 36th Street North and I-235, and authorizing the issuance of bonds by the City of Wichita at large, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. EXPO HALL/CENTURY II EXPO HALL AND CENTURY II INTERIOR RENOVATION. (District VI) Agenda Report No. 96-792. On June 6, 1995, the City Council approved Capital Improvement Project (CIP CA-9510) for interior renovations to Century II in the amount of $1,300,000. There is an agreement with Stormont Trice Corporation that the City allocate an additional $300,000 to make improvements to Expo Hall and Century II. In order to coordinate the decor of Expo Hall and Century II with the Hyatt Regency, City staff has negotiated a Contract for interior design services with Marcia Davis & Associates, Inc., the interior designer for the Hyatt Regency Hotel and Conference Center. The CIP (CA-9510) has a revised total budget of $1,600,000 of which $300,000 is identified for improvements related to the Expo Hall and Century II coordination. The funding source is General Obligation Bonds. The Contract is in the amount of $43,100 plus up to $6,500 in reimbursable costs. The budget for the coordination is $300,000. The remaining $243,000 will be used to replace carpet, wall-covering, lighting improvements, minor architectural changes, and purchases of furnishings. Motion -- Knight moved that the Contract be approved and the Mayor be authorized to sign; -- carried and the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-96-359 A Resolution amending Resolution No. R-95-252 by increasing the bonding authority in Section 4 thereof from $1,300,000 to $1,600,000, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. DESIGN AGREEMENT AGREEMENT FOR DESIGN SERVICES FOR AUBURN HILLS 2ND ADDITION. (District V) Agenda Report No. 96-793. The City Council approved Auburn Hills 2nd Addition development on July 30, 1996. The Agreement with Baughman Company, P.A. provides for the design of Lateral 4, Cowskin Interceptor Sewer; Water Distribution System No. 448-89066; and paving Hendryx, Limuel, Hendryx Court, Limuel Courts and sidewalk (south of Maple, east of 135th Street West). Because Baughman Company, P.A. provided subdivision engineering services for this addition, it can expedite construction plan preparation. Payment will be on a lump-sum basis not to exceed $45,600 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. PROPERTY ACQUISITION ACQUISITION OF 4234-36-38 WHITNEY LANE UNDER THE PLANEVIEW ACTION PLAN. Agenda Report No. 96-794. After the Gould Evans Associates Planeview Neighborhood Redevelopment Strategy was completed, several property owners and residents on Whitney Lane and Stearman Court showed high interest in redeveloping these areas. The end result of staff and resident meetings was the Planeview Action Plan. On November 21, 1995, the City Council approved the Planeview Action Plan as a guide to the needed improvements for the Whitney Lane and Stearman Court demonstration areas. Plans have been completed and bids let for the construction of new water and sewer lines. Plans are nearing completion for the construction of parking areas, sidewalks, village entry markers, landscaping, plus the closing of illegal access points, a service road and street repairs. On September 10, 1996, Council approved the purchase of Tracts #2 and #3 on Whitney Lane. Tract #4 is the last tract to be acquired under the Planeview Action Plan. Tract #4 is located at 4234-36-38 Whitney Lane (Lot 54, Block, O, Planeview, Subdivision No. 1) and is owned by James and Agnes Johnson. The property has approximately 10,500 sq. ft. of land. Improvements consist of a one-story triplex containing 2,016 sq. ft., with each unit having two-bedrooms. Each unit has a tenant that will be relocated under the Federal Relocation Assistance Program. The 4234-36-38 E. Whitney Lane property was appraised at $24,000 and the review appraiser concurred with this value. The owner has agreed to accept the City's offer. The City has available funds allocated to the Planeview area improvements with use of CDBG funds for acquisition and relocation of tenants. Anticipated costs of $44,500 for acquisition of the property include: $24,000 for acquisition, $16,500 relocation of the three tenants, $3,000 for demolition of the structure, and $1,000 for closing, title insurance, etc. Motion -- Knight moved that the budget and the Contract be approved; and the Mayor be -- carried authorized to sign the necessary documents. PROPERTY DISPOSITION SURPLUS PROPERTY DISPOSITION - 3017 EAST THIRD. (District I) Agenda Report No. 96-795. The potential surplus is a portion of property located at 3017 E. 3rd and is legally described as Lot 35, except the East 75 feet, Moser now Lorraine avenue, Maple Grove Addition to Wichita, Kansas. This property was originally purchased in October 28, 1994 for the Third Street drainage project. Melba O. Ralstin, an adjacent property owner, already owns an ingress and egress easement over the South 10 foot of the property to maintain and repair a sewer line which serves her property. She would like to purchase the South 25 foot in order to be able to maintain the sewer line better and have a rear exit to the alley from her property which would also provide parking for the tenants located at 361 and 363 Lorraine who will lose side street parking due to the project. The site contains approximately 1,625 square feet and by itself is not a buildable site. All City departments and local government entities have been notified and have shown no interest in the property. Since there is no interest in retaining ownership, and because it is costly to maintain, it appears to be in the best interest of the public to declare the property as surplus and offer it for sale to the general public. The City will receive cash consideration for the sale of the property. The surplus and sale of this property to a private party will place additional value into the tax base. Motion -- Knight moved that the property be declared as surplus and designated as available -- carried for sale to the general public. Motion carried 7 to 0. (Item No. 37) HOMELESS ASSISTANCE ALLOCATION OF HOMELESS ASSISTANCE FUNDS. Motion -- carried Knight moved that this Item be stricken. Motion carried 7 to 0. ELECTRICAL IMPROVEMENTS CONTRACT FOR ELECTRICAL SYSTEM IMPROVEMENTS FOR WATER TREATMENT PLANT AND HESS CONTRACT PUMP STATION - SHELLEY ELECTRIC/PEC. Agenda Report No. 96-797. On September 28, 1995, a 48" raw water pipeline ruptured near the Water Treatment Plant. The flooding that followed the pipeline failure damaged the electrical substation that services the Water Treatment Plant and caused a power failure at the water plant and the City's main water pumping station. Power was restored to the water pumping station in about three hours, and to the Water Treatment Plant in about 10 hours. On December 19, 1995, staff presented to the Council a report on the causes of the water system failure of September 28, 1995, with recommendations on items that would increase the reliability of the electrical system that serves those facilities. The City Council approved a revision to the CIP for the staff recommended improvements. After reviewing the scope of the design work that would be required to construct the improvements needed in the system, and the close coordination that would be needed between the design engineer and the contractor, staff felt that this project would be an ideal project to do as a design/build contract. Under a design/build contract the City would have only one contract, and that contractor would be responsible for performing both the engineering design services and the construction of the improvements. The advantages of this type of contract are that improvements can be constructed faster, and where specialized pieces of equipment or systems are used, the engineering design can be limited to the system or equipment that will be installed. The disadvantages of this type of contract are that you do not have a "separation" between the engineer and the contractor, and the initial contract has to include the construction costs. The Staff Screening and Selection Committee solicited responses to a request for proposals (RFP) the improvements and interviewed four firms, or teams of firms: Oil Capitol/Benham, Shelley Electric/PEC, Total Electric, and Westar. On the basis of their proposal and interview, the Staff Screening and Selection Committee voted unanimously to select the team of Shelley Electric/PEC. Among the items included in their proposal are: replacing the battery system at the Hess Pump Station; installing new relays in two electrical substations; protecting the substation that flooded by constructing a building around it; and increasing the reliability of the electrical system by installing a new 15kv to 4160v transformer near the treatment plant. The other improvement approved by the Council was the installation of a new valve and remote operator near the Water Treatment Plant. That project, with a total cost of $23,330, has already been completed. The contract submitted to the City Council with this agenda report will complete all of the system improvements approved by the Council. The total cost of designing and constructing the recommended improvements is $471,354. In its action on December 19, 1995 the Council authorized $500,000 in the CIP to fund this project, and adequate funds remain to pay for this contract. The total cost of all improvements, including the valve that has already been installed, the will be $494,684. The City's Charter Ordinance No. 111, Section 5, allows the use of design/build contracts. Administrative Regulations require that projects with professional services fees and construction costs in excess of $10,000 be approved by the City Council. The Law Department has reviewed the proposed contract and has approved it as to form. Motion -- Knight moved that the Contract be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. STREET LIGHTING STREET LIGHTING RESOLUTION #3-96. Motion -- carried Knight moved that the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-96-360 A Resolution Authorizing and Directing Kansas Gas and Electric, a Western Resources Company, to Install and/or Change Certain Street Lights in the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. #3-96 CLAIMS ALLOWED REPORT REPORT ON CLAIMS ALLOWED - AUGUST, 1996. Rodney Jennings and Kenneth Woodard *$1,400.00 William Sanders 140.67 Southwestern Bell 158.28 Southwestern Bell 634.31 Sylvester Mainz, Jr. 52.94 Anna Spillman 457.17 *This claim was originally filed for $150,000.00 but settled for $1,400.00. Motion -- carried Knight moved that the Report be received and filed. Motion carried 7 to 0. ORDINANCES SECOND READING ORDINANCES. (First reading September 17, 1996) ORDINANCE NO. 43-211 Central (I-235-McLean) An Ordinance declaring Central from I-235 Freeway to McLean (472-82583) to be main trafficways within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements on said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof and the manner of payment of the same, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. ORDINANCE NO. 43-212 Annexation A 96-21 An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. A 96- 21 ASSESSMENT ROLLS PROPOSED ASSESSMENT ROLLS. Proposed Assessment Rolls have been prepared for 18 water and 27 sewer projects, and it is necessary to set a public hearing date. Informal hearing with City personnel will be held October 2, 1996. Motion -- Knight moved that the hearing on the Proposed Assessment Rolls be set for 11:00 A.M., Tuesday, October 15, 1996, and the notices of hearing be published at least -- carried once not less than 10 days prior to the date. Motion carried 7 to 0. PLANNING AGENDA Marvin Krout Director of Planning stated that Items 44, 47, and 48 could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Knight moved that Planning Agenda Items 44, 47, and 48 be approved as consensus -- carried Items. Motion carried 7 to 0. S/D 95-85 S/D 95-85 - PLAT OF THE CIRCUIT CITY ADDITION LOCATED SOUTH OF KELLOGG AND WEST (Item No. 43) OF WEBB. (District II) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 96-798. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. (10-1) Petitions, all 100%, have been submitted for sanitary sewer and drainage and storm sewer improvements. A Certificate of Petitions has also been submitted. A Sidewalk Certificate has been provided which requires the installation of sidewalk along Eastern Avenue. A zone change (Z-3187) from "GO" General Office to "LC" Limited Commercial zoning has been approved for a portion of this site subject to platting. In order to provide for the relocation of an existing sanitary sewer line, a temporary easement is being granted. This site is within the noise impact area of McConnell AFB and an avigational easement and restrictive noise covenant were required. As a condition of the zone change, the applicant has provided two (2) covenants concerning use restrictions on the site and the installation and maintenance of landscaping. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. The negative Planning Commission vote indicated the Commissioner's concern with the drainage improvements involving an existing drainage way and the possible negative impacts that could result for the natural conditions for that area. Documents Temporary Sanitary Sewer Easement (Part Lot 2, Circuit City Addition), Certificates of Petitions, Restrictive Covenants, Avigational Easement from Circuit City Stores, Inc. Sewer 100 Percent Petition for construction of Lateral 134, War Industries Sewer, (south of Kellogg, east of Rock) Project No. 468-82609 ($12,500 S.A.) (Hold for development) Storm Sewer 100 Percent Petition for construction of Storm Water Drain No. 120 (south of Kellogg, east of Rock) Project No. 468-82610 ($385,000 S.A.) (Hold for development) Motion -- Kamen moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign; and the associated zone change Z-3187 Ordinance be placed on first reading with publication of the Ordinance being withheld until such time as the plat has been -- carried recorded with the Register of Deeds. Motion carried 6 to 1. Cather - No. RESOLUTION NO. R-96-361 Resolution of findings of advisability and Resolution authorizing construction of Lateral 134, War Industries Sewer, (south of Kellogg, east of Rock) Project No. 468-82609 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Kamen moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96-362 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Drain No. 120 (south of Kellogg, east of Rock) Project No. 468-82610 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Kamen moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. ORDINANCE An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, introduced and under the rules laid over. Z-3187 S/D 96-12 S/D 96-12 - PLAT OF THE IVY CHRISTINE ADDITION LOCATED SOUTH OF MAPLE AN EAST OF DUGAN. (District V) Agenda Report No. 96-799. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. (unanimous) Petitions, all 100%, have been submitted for municipal water and storm sewer improvements. A Certificate of Petitions has also been submitted. This site is within the noise impact area of Mid Continent Airport and an avigational easement and restrictive noise covenant were required. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Documents Certificate of Petitions, Avigational Easement (Lots 1 and 2, Ivy Christine Addition), and Restrictive Covenant from James Johansooz. Water 100 Percent Petition for construction of Water Distribution Number 448-89080 (south of Maple, west of Hoover) ($18,000 S.A.) (Hold for development) Storm Sewer 100 Percent Petition for construction of Storm Water Sewer No. 468- 82645 (south of Maple, west of Hoover) ($27,000 S.A.) (Hold for development) Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 7 to 0. RESOLUTION NO. R-96-363 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution Number 448-89080 (south of Maple, west of Hoover) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96-364 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Sewer No. 468-82645 (south of Maple, west of Hoover) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. (Item No. 45) S/D 96-30 S/D 96-30 - PLAT OF THE WEST KELLOGG POWER CENTER ADDITION LOCATED NORTH OF KELLOGG AND WEST OF HOOVER. (District V) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 96-800. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. (9-1) Petitions, all 100%, have been submitted for sanitary sewer, paving and storm sewer improvements. A Certificate of Petitions has also been submitted. A zone change (Z-3198) from "SF-6" single family to "LC" limited commercial zoning has been approved for this site subject to platting. Temporary utility easements (2) are being granted in order to cover existing sanitary and storm sewer lines and other utilities that will eventually be abandoned when actual development occurs on the site. This site is within the noise impact area of Mid Continent Airport and an avigational easement and restrictive noise covenant were required. As required by the drainage plan for this site, a cross-lot drainage agreement has been obtained by the applicant. Based on requirements of a community unit plat for this site, an agreement pertaining to screening and landscaping has also been provided. This plat has been reviewed and approved by the Planning Commission subject to conditions and recording within 30 days. The negative Planning Commission vote was in regard to the impacts of development of this type on nearby residential areas. Also of concern was the lack of the applicant's contact with area residents to discuss such issues as paving existing streets in the area and access changes to these streets for the residents. Documents Temporary Easement (part Lots 1 and 2, West Kellogg Power Center Addition), Certificate of Petitions, Avigational Easement, Restrictive Covenants from KCBB, Inc., and Visser Real Estate investments, a Colorado Partnership.. Sewer 100 Percent Petition for construction of Lateral 55, Main 4, Southwest Interceptor Sewer (north of Kellogg, west of Hoover) Project No. 468-82627 ($62,000 S.A.) (Hold for development) Sewer 100 Percent Petition for construction of Lateral 56, Main 4, Southwest Interceptor Sewer (north of Kellogg, west of Hoover) Project No. 468-82628 ($5,000 S.A.) (Hold for development) Storm Sewer 100 Percent Petition for construction of Storm Water Sewer No. 477 (north of Kellogg, west of Hoover) Project No. 468-82629 ($60,000 S.A.) (Hold for development) Paving 100 Percent Petition for improving of Hendryx Avenue from the east line of Julia to the west line of Hoover Street, and; sidewalk along one side of Hendryx Avenue, Project No. 472-82756 (north of Kellogg, west of Hoover) ($200,000 S.A.) (Hold for development) Paving 100 Percent Petition for improving of Taft Avenue from the east line of Julia to the west line of Hoover Street; Hoover Street from the north line of Taft Avenue South approximately 225' to the existing pavement, and; sidewalk along one side of Taft Avenue and one side of Hoover Street, Project No. 472-82757 (north of Kellogg, west of Hoover) ($394,000 S.A.) (Hold for development) Council Member Gale momentarily absent. Motion -- Ferris moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign; and the associated zone change Z-3198 Ordinance be placed on first reading with publication of the Ordinance being withheld until such time as the plat has been -- carried recorded with the Register of Deeds. Motion carried 7 to 0. RESOLUTION NO. R-96-365 Resolution of findings of advisability and Resolution authorizing construction of Lateral 55, Main 4, Southwest Interceptor Sewer (north of Kellogg, west of Hoover) Project No. 468-82627 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Ferris moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96-366 Resolution of findings of advisability and Resolution authorizing construction of Lateral 56, Main 4, Southwest Interceptor Sewer (north of Kellogg, west of Hoover) Project No. 468-82628 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Ferris moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96-367 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Sewer No. 477 (north of Kellogg, west of Hoover) Project No. 468-82629 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Ferris moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96-368 Resolution of findings of advisability and Resolution authorizing improving of Hendryx Avenue from the east line of Julia to the west line of Hoover Street, and; sidewalk along one side of Hendryx Avenue, Project No. 472-82756 (north of Kellogg, west of Hoover) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Ferris moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96-369 Resolution of findings of advisability and Resolution authorizing improving of Taft Avenue from the east line of Julia to the west line of Hoover Street; Hoover Street from the north line of Taft Avenue South approximately 225' to the existing pavement, and; sidewalk along one side of Taft Avenue and one side of Hoover Street, Project No. 472-82757 (north of Kellogg, west of Hoover) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Ferris moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. ORDINANCE An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, introduced and under the rules laid over. Z-3198 (Item No. 46) DR 96-13 DR 96-13 - REQUEST FOR STREET NAME CHANGE OF WEDGEWOOD AS PLATTED ADJACENT TO THE LAKESIDE PARK ADDITION LOCATED EAST OF RIDGE AND SOUTH OF 29TH STREET NORTH. Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 96-801. Staff Recommendation: Approve street name change. MAPC Recommendation: Approve street name change. (8-4) When the Lakeside Park Addition was platted in 1993, the adjacent street segment was named Wedgewood, which appeared to be in an appropriate east-west alignment with existing street segments named Wedgewood in the area of Hood (Seneca). However, the Office of Central Inspection subsequently found that the older segments of Wedgewood were platted originally in a north-south alignment and addressing on even the east-west segments near Hood, was done in a north-south manner. Consequently, Wedgewood could not be used as a street name in the area of Ridge Road. Central Inspection therefore requested that a street name change be made. The adjoining property owner has requested the use of 27th Street North. This property owner feels that the use of 27th as the Street's name would aid in the location of offices and other related operations at this site. The four (4) negative Planning Commission votes reflect the requests by the GIS Addressing Committee (staff members of the Fire Department, Central Inspection, MAPD, and the Geographic Information Systems Office) to use a Street name such as Ryan rather than 27th. It was the position of this Committee that this Street was not adequately in the proper position at this location to be designated as being 2700 north. By being out of position, this will add to the number of addressing inconsistencies. The applicant's agent argued that due to the isolated nature of the properties in this area (lakes to south and east, developed residential area to west), the use of 27th Street should not be a problem. This street name change has been reviewed and approved by the Planning Commission. Motion -- Ferris moved that the Street Name change be approved and the Ordinance be placed -- carried on first reading. Motion carried 7 to 0. ORDINANCE An Ordinance changing the street name of Wedgewood as platted adjacent to the south line of the Lakeside Park Addition, Wichita, Kansas, to 27th Street North, introduced and under the rules laid over. D-1706 D-1706 - DEDICATION OF ACCESS CONTROL TO MERIDIAN IN AN AREA NORTH OF PAWNEE. Agenda Report No. 96-802. MAPC Recommendation: Accept the dedication. As a requirement of an approved lot split (L/S- 0927) the applicant was required to limit access to Meridian to one opening. Partial Dedication for Part Lots 10 and 11, Block 1, Southwest Industrial Addition from AutoZone, Inc. Motion -- Knight moved that the document be received and filed and the City Clerk be -- carried instructed to record with the Register of Deeds. Motion carried 7 to 0. D-1707 D-1707 - GRANTING A PUBLIC UTILITY EASEMENT IN AN AREA WEST OF MERIDIAN AND NORTH OF PAWNEE. Agenda Report No. 96-803 MAPC Recommendation: Accept the dedication. As a requirement of an approved lot split (L/S- 0927), sanitary sewer needed to be extended to the building site. This off-site easement was needed for the sewer extension. Easement for part Block 1, Southwest Industrial Addition from Builder's Inc. Motion -- Knight moved that the document be received and filed and the City Clerk be -- carried instructed to record with the Register of Deeds. Motion carried 7 to 0. ADJOURNMENT The City Council meeting adjourned at 11:35 a.m. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 162 SEPTEMBER 24, 1996 Page