MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, March 25, 1997 Tuesday, 9:03 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cather, Cole, Gale, Rogers; present. *Council Members Ferris, Kamen; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. *Council Members Ferris, Kamen; present. 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 March 18, 1997, were -- carried approved 7 to 0. AWARDS AND PRESENTATIONS PROCLAMATIONS Mayor Knight presented the Proclamations previously approved. UNFINISHED BUSINESS BRIDGEPORT DEVELOPER DESIGNATION OF DEVELOPER FOR THE NORTH 400 FEET OF LOT 1, BLOCK 2, BRIDGEPORT THIRD INDUSTRIAL ADDITION. (District VI) Continued from March 18, 1997. Chris Cherches City Manager reviewed the Item. Agenda Report. The City of Wichita, in the late 1970's determined that there was insufficient heavy industrial land available for development within the Wichita city limits. Responding to this need, the City purchased property in the North Industrial Corridor through the Urban Renewal Act and redeveloped the area with new utility lines and streets into the Bridgeport Industrial Park Phases I, II and III. Groendyke Transport, Inc., the 8th largest nation-wide tank truck carrier providing bulk transportation services nationally and more specifically shippers in Wichita and the surrounding area. Some of Groendyke's local customers include Vulcan Chemical, Phillips 66, Universal Oil, KOCH Industries, Coastal Mart, and Union Pacific Railroad. Groendyke Transport, Inc., has been in business since 1932, and has its home offices in Enid, Oklahoma and has served Kansas for most of this time. Groendyke's operations are ISO Certified (Industry Quality Standard). Their trucks travel over 60 million miles annually, transporting more than 185,000 loads. Groendyke has over 1,100 employees at 43 terminals throughout the U.S., Canada, and Mexico. They have approximately 140 employees at five terminals in Kansas. Groendyke currently leases a facility north of Valley Center. Their intent is to move their terminal facility to Bridgeport III, bringing with it approximately 50 employees with an annual payroll of approximately $1 million into the City of Wichita. Groendyke proposes to construct a full service terminal providing dispatching, equipment parking, fueling, equipment service, limited maintenance, driver training, and safety supervision. They plan to construct a 3,000 sq. ft. office/terminal/lounge facility and approximately 9,000 square feet of shop space on a five acre tract. Groendyke is proposing to purchase the North 400 feet of Lot 1, Block 2, Bridgeport 3rd Industrial Addition, or approximately 250,400 sq. ft. for $.60 per square foot ($150,240). They will also assume responsibility for the remaining specials, approximately $.069 per square foot. As a condition of sale Groendyke is asking the City of Wichita indemnify them against existing environmental problems and provide a Certificate of Release under the 29th and Mead Contamination Project. The City received one other offer on this parcel in May of 1996 at $.20 per sq. ft., including specials. This offer was turned down. No other offers have been received. Other sales in Bridgeport III have ranged from $.25 per square foot to $.50 per usable square foot. Groendyke proposes to fence the total area using it for fleet storage of the company's vehicles, tractor-trailers and equipment. They will also landscape the areas adjacent to 37th Street North in accordance with the City's landscape ordinance, creating an attractive gateway into Bridgeport III and maintaining a positive appearance for the development. The sale price of $150,240.00 equates to $.60 per square foot and Groendyke agrees to pay remaining specials of $.069 per square foot , $15,028.20 over the remaining term. The above equates to a total price of $.669 per sq. ft. There is no commission being paid as a result of the sale of this parcel. The funds from the sale will be used to pay the City's cost of selling, advertising, and closing expenses on the property. Surplus funds will be used in the City's CDBG program in accordance with URA requirements. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the Real Estate Purchase Contract be approved and the Mayor be authorized to sign the Lease and any other necessary documents. Motion -- carried carried 7 to 0. BIOSOLIDS TRANSPORT AWARD OF BID FOR TRANSPORTATION OF BIOSOLIDS - WATER AND SEWER DEPARTMENT. Motion -- carried Cather moved that the Item be deferred to April 1, 1997. Motion carried 7 to 0. CMB LICENSE CEREAL MALT BEVERAGE LICENSE APPLICATION FOR SKYLANDER LOUNGE. The license application has now been reviewed and approved by all City departments. Motion -- Cather moved that the License application be approved. Motion -- carried carried 7 to 0. NEW BUSINESS SEWER LIFT STATION PETITION FOR SANITARY SEWER LIFT STATION TO SERVE PROPERTIES NEAR 21ST AND GREENWICH. (District II) Steve Lackey Director of Public Works reviewed the Item. Agenda Report No. 97-258 A petition signed by 9 or 10 owners in the proposed improvement district has been submitted. approval of the petition will allow the final platting of the Regency lakes 2nd Addition plat to proceed. The only non- signer of the petition has been advised of the proposed project. The proposed project will provide a sanitary sewer pump station and pressure outfall line to serve the developing area near the intersection of 21st and Webb. The estimated cost of the project is $199,000. The funding source is Special Assessments. The cost is to be spread to the various properties on a percentage basis. The percent allocated to the non-signing tract is 10.256%, which equates to an assessment of about $20,400. The final property owner signed the petition which made this a 100 percent petition. Mayor Knight left the Bench; Vice Mayor Cather in the Chair. Vice Mayor Cather Vice Mayor Cather inquired if anyone wished to be heard and no one appeared. Mayor Knight present and in the Chair. Motion -- Kamen moved that the project be approved, the Resolution be adopted and the -- carried Mayor be authorized to sign. Motion carried 7 to 0. RESOLUTION NO. R-97-078 Resolution of findings of advisability and Resolution authorizing construction of Lift Station and Force Main for Lateral 136, War Industries Sewer (north of 21st Street North, west of Greenwich) Project No. 468- 82694 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. MTA PROPOSED ORDINANCES RE: METROPOLITAN TRANSIT AUTHORITY (MTA). Chris Cherches City Manager reviewed the Item. Agenda Report No. 97-259. At the City Council meeting of March 18, 1997, Mayor Bob Knight introduced the following recommendations for Council consideration: 1. Revise the current policy-management of the Metropolitan Transit Authority from its current autonomous structure to an advisory capacity to the City Council. 2. Address the issue of achieving an equitable and fair labor agreement with MTA employees and the Wichita taxpayers. 3. Re-examine alternatives for a public transit system to meet the needs of the transit-dependent who relay on the bus system for daily transportation needs. Following discussion, it was the consensus of the Council that the necessary ordinance revisions be prepared by the City Attorney to accomplish the governance of the MTA as proposed by Mayor Knight. Presented were ordinances to accommodate the proposed change in governance of the transit system. Two ordinances will be necessary: (1) a Charter Ordinance to repeal all charter ordinances of the City concerning the MTA as an autonomous board; and (2) an ordinance to establish the MTA as an advisory board to the City Council. 1. The Charter Ordinance is necessary to repeal all charter ordinances which give authority to the MTA to operate the transit systems. The MTA was established by a charter ordinance, exempting the City from three provisions of the State law on municipal transit systems, pertaining to the City Manager's authority over the employees of the transit system, authority of the governing body to establish rules for the conduct of the transit system, and the authority of the City Council to lease the transit system for operation by another entity. 2. The ordinary ordinance establishes the MTA as an advisory board to the City Council. The ordinance also provides that the MTA continue to hold public hearings in connection with supervision and licensing of school buses, taxi-cabs, charter limousines, and airport limousines. The MTA currently handles such matters. Should the Council desire, these duties can be reassigned as an administrative supervisory function if it wishes to change the current procedure. The ordinances are intended to change the governance, but not the approved 1997 budget previously approved for MTA operation. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Jerry Haney Jerry Haney, 2029 North Woodlawn Apt. 801, said each of the Council members and WMTA members need to ride the bus a few times to get the feel of what riders experience; bus drivers need higher pay; and better planning needs to be done so better service can be provided. Sabina Huck Sabina Huck stated that the early mornings and later afternoons are when there is high ridership on the buses - in-between hours are few riders and empty buses. Ms. Huck suggested smaller buses be used for the midday runs and routes be adjusted accordingly. The budget and service cannot be cut. Jerry Winget Jerry Winget, WMTA President, said this had been a rough, frustrating year for the MTA. It would have been nice to have had an independent revenue source so the MTA would have been an independent authority; however, with financial issues as they are, the City council is moving in the right direction. The MTA Board ought to represent the bus riders but it has not been able to do so. It is hoped the riders are the City Council's first concern. It is hoped the WMTA will be considered a part of the team in anything the Council does. It is hoped MTA Board will be able to cooperate and do what it is asked to do. The City Council needs to define the Board's role and duties. "I support a shift away from an authority to the control on the Council." Charlie Peaster Charlie Peaster, Secretary/Treasurer of Teamsters Local 795, spoke on behalf of Chuck Mosqueda, Local 795 Principal Officer and President, and the WMTA Employees. Mr. Peaster said "Number one, we believe until some very definite answers are given, our position is that the WMTA drivers and employees are not City employees. We are going to litigate the matter in federal court unless there is a definite plan this City council has in mind to mend a very damaging [sic (damaged)] public service. "Number two, we also have beliefs that the ultimate authority laid with the Council. How is the vote today really going to change anything? "Three, the City has a contract with the ATE managerial service that does not expire until August of '97. So, how can the City assume control when they are still under a contract? Part of what you have there is a packet that is a contract between the Wichita Metropolitan Transit Authority and ATE Management and Service Company. There are some parts of it that are highlighted. Part of it is the scope of service. Over on page 2, under (B) Reports and Management Audits, (C) Revenues and Financing, (D) Financial and Management Controls, '(E) Personnel. ATE shall be responsible for the maintenance and development of internal personnel systems, complimenting City of Wichita Systems and procedures, including selection and hire of operating employees training program development, and a systematic code of rules and regulations affecting operating employees. ATE shall seek to maintain and strengthen a structure of administrative organization such that staff productivity and training is supported and maximized. ATE shall recommend appropriate organization and staffing levels for board review and approval. (F) Labor. ATE shall operate and implement any labor agreements with operating employees, 'which we do not have at this time - that is expired in December,' shall provide recommendations to the WMTA for changes in the collective bargaining agreement prior to negotiations, and the General Manager shall negotiate such agreements on behalf of WMTA and for its approval. (G) Marketing, Promotion...objective of developing increased public confidence...' and I don't think you people see that. There is no public confidence in the WMTA Board. You have this. You can go through and read it. "ATE is supposed to be a professional service. How did our service [sic (system)] get into such a mess if they are professionals? If you look back in the history, you will see it all started to deteriorate in November of '81 when ATE took over. ATE's management employees have loyalty to their own company, not to the City of Wichita. I believe we have, in our town, people that are qualified to manage the WMTA. "If the Council does take over the WMTA, will the Council hire an employee with expertise in this field? Who will that person answer to? "Who will maintain the federal grant application that the teamsters and Wichita are signed to? In the agreement, the following is mandated - and there is a page that shows what that mandate is. "If the MTA employees are city employees, are [sic (as)] you allege, will the MTA employees be allowed the same benefit package - holidays, vacations, sick leave, and credit union as other employees? Right now, they are not anywhere near the same in comparison. "The Union position would be that this is probably a step in the right direction but we reserve the right to give our opinion at a later date." Mayor Knight Mayor Knight said the City will try to respond to the questions. Mayor Knight asked that Mr. Peaster's remarks be a part of the record of proceedings and that Staff be prepared to submit a response to the questions. Kitty Kite Kitty Kite, volunteer and bus rider, said bus service is necessary and encouraged the Council to ensure the service is maintained. Wilbert Hunt Wilbert Hunt, bus rider, said the maintenance on buses needs to be increased. Mr. Hunt also said bus service needs to be provided to make it possible for persons with disabilities to come to City Hall. The service presently is to locations blocks away. Mr. Hunt also said he is ready to go to jail to prove his points, if necessary. Mayor Knight Mayor Knight asked that Mr. Hunt bring his concerns to the City Council in the Council Chambers, through the Public Agenda process, instead of demonstrating in the street. Mayor Knight asked for Council support in asking that Council Member Kamen take Council responsibility for trying to sort through some of these challenges and opportunities that face the community as they relate to public transit; that the Council be kept apprised of the status; and that the time required be compressed as much as possible. Public transportation is absolutely essential to some of Wichita's citizens and the Council should not convey a casualness about the matter. There is a sense of urgency about some of the circumstances. Mayor Knight said he thought the MTA Board ought to be advisory and not administrative. Efforts will have to be redoubled toward reaching an accommodation with the drivers and mechanics as presented by Mr. Peaster. The kind of transit system that is going to serve the Wichita community is going to be at the heart of this matter. It is noble and essential that there be men and women with a deep commitment toward caring for transit riders but it is also important that there be people of equal commitment and dedication to keeping their eye on the taxpayers. Mayor Knight said he had participated in increases in the budget that were less than what was proposed which is different than a budget cut. Council Member Cather Council Member Cather expressed support for making the MTA Board advisory and for the City Council taking control. Council Member Cather thanked Gary Winget, WMTA Board President, for showing fairness, being devoted to mass transit, and for being supportive of the effort the Council is making. Also, the bus drivers have been very courteous, cheerful, and helpful to riders. Council Member Cather asked that the public bear with the City Council in this major internal governmental change in the way the MTA is operated. Council Member Rogers Council Member Rogers said he was in favor of the burden of leadership being under the City Manager's Office. The overriding concern is that this is a public need and the service is absolutely necessary. It is hoped the City Council will put its full weight behind the philosophy that the way the City is evaluated is by how the least of us are cared for. Council Member Cole Council Member Cole said she hoped her appointed representative to the MTA would continue. Council Member Cole spoke in support of the ordinances and of Council Member Kamen's leadership. Mayor Knight Mayor Knight stated that if new paradigms for serving the community, transit needs, are going to be sought, Council Member Kamen will have to be given the opportunity to look at the system in ways that it may not have been looked at before. The Council will have to have confidence in Council Member Kamen and let his ideas stand on their own merit. Mayor Knight asked for a fairly quick turn-around on some issues that can be brought back to the Bench for public discussion and debate and decisions. Regarding new buses and new lifts, there are major decisions pending about major expenditures for new transit equipment. It would seem that the Council ought to kind of know what is being looked at and how it is going to look in the future before $10 or $15 million is spent on new equipment. This does not mean that nothing will be done for six months or a year, but these are some questions Council Member Kamen and Staff ought to be looking at fairly quickly. Council Member Kamen Council Member Kamen said the riders of the bus system are a part of the community whether it is a quality of life or a necessity of life issue. The bus riders are a part of the community and contribute to the community, and the community has to take care of them in this respect. Most of the Council Members, in one time of their lives, have been riders of the bus transportation system. There is appreciation for the MTA Board members who have invested a considerable amount of time. Board members are not volunteers for personal reasons but because they want to contribute. Council Member Kamen expressed respect for the MTA Board members, staff, bus drivers, employees, and riders. Council member Kamen stated that he would certainly try to bring back something that will reflect, as close as possible, the Council Members' thoughts on this matter. Unique and different ways of handling the bus system will be looked into. The MTA Board, as an advisory board, will enable the City Council Members to know what is going on as the problems arise - before they become critical. Motion -- Cather moved that the Ordinances be placed on first reading. Motion -- carried carried 7 to 0. CHARTER ORDINANCE A Charter Ordinance repealing Charter Ordinances Nos. 56, 65, 70, 82, Section 3 of Charter Ordinance No. 106, and Section 3 of Charter Ordinance No. 119 all pertaining to the Wichita Municipal Transit Authority, introduced and under the rules laid over. ORDINANCE An Ordinance creating Sections 2.12.1150, 2.12.1153, and 2.12.1156 of the code of the city of wichita, Kansas, creating the Wichita Metropolitan Transit Advisory Board, and providing for its bylaws, officers, meetings, and duties, introduced and under the rules laid over. ESCORT SERVICES ORDINANCE AMENDMENT PERTAINING TO ESCORT SERVICES. Gary Rebenstorf Director of Law reviewed the Item. Agenda Report No. 97-260 Much concern has been expressed by neighborhoods about the location of escort service businesses near residential areas, parks, schools and churches, due primarily to the types of illicit activities which they have seen or have been told occur at many of these businesses. The vice Section of the Wichita Police Department has investigated, documented and taken action on numerous complaints about prostitution and other crimes involving moral turpitude at licensed escort service locations. A staff committee represented by the City Manager's Office, Police Department, Law Department, Licensing Office, the Health Department, fire Department and OCI has been meeting to review certain licensing ordinances and licensing review procedures. This committee has suggested that a distance separation from churches, schools, public parks and residential zoning districts, similar to the distance separation requirements for erotic dance studios and adult entertainment establishments, be included in the escort service licensing regulations. The proposed amendment to Section 3.07.130 of the Escort Services Business and Licensing Regulations will require that no escort Service License be issued to any such business located within five hundred feet of any church, public or parochial school, public park or residential zoning district. This requirement is the same as the distance separation requirement for Adult Entertainment Establishments and Erotic Dance Studios. While all establishments presently engaged in and legally licensed as escort services will be exempted from the new distance separation requirements, the amendment also states that any such business which ceases for 90 days or more will lose its nonconforming status and cannot be re-licensed. Council Member Ferris left the Bench. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cather moved that the Ordinance be placed on first reading. Motion -- carried carried 6 to 0. (Ferris absent). ORDINANCE An Ordinance amending Section 3.07.130 of the code of the city of Wichita, Kansas, pertaining to escort service compliance with other regulations, to establish distance requirements, and repealing the original of said section, introduced and under the rules laid over. Council Member Ferris present. CITY COUNCIL AGENDA APPOINTMENTS NOTICE OF VACANCY - TRAFFIC COMMISSION. One vacancy (Ferris) due to the nonattendance of Jack Oliver, for a term expiring June 30, 1997. Motion -- Ferris reappointed Jack Oliver and moved that the appointment be approved. -- carried Motion carried 7 to 0. PROCLAMATIONS PROCLAMATIONS. -- Better Hearing and Speech Month -- Fair Housing Month -- Omega Psi Phi Fraternity Eighth District Weekend -- Public Health Week -- Alma P. Bishop Day Motion -- carried Knight moved that the proclamations be authorized. Motion carried 7 to 0. CONSENT AGENDA Knight moved that the Consent Agenda 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 MARCH 24,1997. At 10:00 a.m., Friday, March 21, 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 March 24, 1997.) WATER & SEWER DEPARTMENT/PRODUCTION & PUMPING: HIGH SERVICE PUMPS, BALL VALVES AND VENTURI INSTALLATION(632273) AS PER SPECIFICATIONS Dondlinger & Sons Construction Co., Inc. - $225,000.00 (Total Base Bid) Total Add-Alternate Bid - $40,000.00 VARIOUS/VARIOUS: CONCRETE REQUIREMENTS AS PER SPECIFICATIONS Concrete Ready Mix Item 1 - $39.75 Per Cubic Yard Item 2 - $47.75 Per Cubic Yard Item 3 - $35.45 Per Cubic Yard Item 4 - $43.50 Per Cubic Yard Item 5 - $36.30 Per Cubic Yard Item 6 - $44.30 Per Cubic Yard Item 7 - $ 5.00 Per Cubic Yard Item 8 - $ 1.00 Per Cubic Yard Item 9 - $ 1.50 Per Cubic Yard Item 10- $ 3.00 Per Cubic Yard Item 11- $ 5.00 Per Cubic Yard WATER & SEWER DEPARTMENT/PRODUCTION & PUMPING: IMPROVEMENTS TO THE S-WELL SYSTEM VERTICAL TURBINE PUMPS AS PER SPECIFICATIONS Layne, Inc. - $67,616.00 PUBLIC WORKS DEPARTMENT/MAINTENANCE: TRAFFIC SIGN FACES (132217-3599) AS PER SPECIFICATIONS Group II - Midwest Construction Services - $956.50 (Total Net Bid) *Group I awarded 3/17/97 Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bids. Motion carried 7 to 0. LICENSE APPS. APPLICATIONS FOR LICENSES. Adult Entertainment. Lewis F. Self After Dark Video2809 N. Broadway Lewis F. Self After Dark Video 3721 S. Broadway Lewis F. Self After Dark Video7805 W. Kellogg Escort Service. Roger R. Smith Jr. Rendezvou 4740 S. Madison Renewal 1997 (Consumption on Premises) Judy A. Whitney Duffy's Lounge 2515 W. 31st St. S. Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 7 to 0. PLANS AND SPECS. PLANS AND SPECIFICATIONS. a. 1997 Contract Maintenance Preparatory Curb and Gutter Repair and Miscellaneous Concrete Repair Phase II at various locations. Traffic to be maintained through construction. (Council approval date 03-04-97) (District all) (132258/112000) b. Ridge Road from 21st Street North to 29th Street North to serve Lake Ridge Commercial 2nd Addition, Reflection Ridge Commercial Addition, and Reflection Ridge Commercial 2nd Addition . Traffic to be maintained through construction. (Council approval date 6-18-96) (District V) (472-82735/706382/405-192) c. Water Distribution System to serve Forest Lakes Addition (north of 29th Street North, west of Ridge). Does not affect existing traffic. (Council approval date 4-6-93) (District V) (448-88706/733592/470- 437) d. Lateral 27, Main 1, Cowskin Interceptor Sewer to serve Lots 4 and 5, Block 1 in Wheatridge Addition (north of Kellogg, west of 119th St West). Does not affect existing traffic. (Council approval date 2-4-97) (District V) (468-82669/743039/480-395) 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., April 4, 1997. Motion carried 7 to 0. SUBDIVISION PLANS AND SPECIFICATIONS. a. Water Distribution System to serve Belle Terre Second Addition (south of Central, east of 143rd St East). (448-88948/733667/470444) Does not affect existing traffic. (Council approval date 8-29-95) (District county) b. Water Distribution System to serve Belle Terre Second Addition (south of Central, east of 143rd St East). (448-88949/733675/470445) Does not affect existing traffic. (Council approval date 8-29-95) (District county) c. Wild Rose to serve Forest Lakes Addition (north of 29th St North, west of Ridge). (472-82325/764167/490519) Does not affect existing traffic. (Council approval date 4-6-93) (District 5) 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., April 4, 1997. Motion carried 7 to 0. PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. Water Distribution System to serve Aberdeen Second Addition (north of 21st, east of 119th Street West) - $182,915.00. Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 10-29-96) (District V) (448-89064/733600/470-438) b. Storm Water Sewer #371 to serve Pearson Farms Addition (south of 21st, west of Maize) - $106,000.00. Does not affect existing traffic. (Council approval date 06-07-88) (District V) (468-81868/750901/485-126) c. 1997 Storm Water Utility Drainage Program to serve Bluff, north of 21st (east of Hillside, north of 21st Street) - $150,000.00. Does not affect existing traffic. (Council approval date 970204) (District I) (468-82679/660290/561-604) Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 7 to 0. 100% PETITIONS WATER DISTRIBUTION SYSTEM AND STREETS TO SERVE MEDITERRANEAN PLAZA ADDITION (NORTH OF 29TH STREET NORTH, ON WEBB ROAD). (District II) Agenda Report No. 97-261. The signatures on the petitions represent 100% of the improvement districts. Mediterranean Plaza Addition was platted in 1986. The developer has submitted new petitions to reconfigure the area to serve a new Gorges Volvo Dealership. The petition budgets total $158,500. The funding source is special assessments. Motion -- Knight moved that the Petitions be approved, the Resolutions be adopted (hold for -- carried development) and the Mayor be authorized to sign. Motion carried 7 to 0. RESOLUTION NO. R-97-079 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89128 to serve Mediterranean Plaza Addition (north of 29th Street North on Webb Road) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-97-080 Resolution of findings of advisability and Resolution authorizing improving of streets in Mediterranean Plaza Addition (472-82803) (north of 29th Street North on Webb Road) 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. SANITARY SEWER TO SERVE LOTS IN THE AVERY ADDITION (NORTH OF MURDOCK, WEST OF HOOVER). (District V) Agenda Report No. 97-262. The signatures on the petition represents 100% of the improvement district. The two owners of the four residential lots have requested the extension of an existing sanitary sewer line to serve their properties. The estimated project cost is $20,000. The funding source is Special Assessments. Motion -- Knight moved that the Petition be approved, the Resolution be adopted and the -- carried Mayor be authorized to sign. Motion carried 7 to 0. RESOLUTION NO. R-97-081 Resolution of findings of advisability and Resolution authorizing construction of Lateral 268, Main 5, Sanitary Sewer No. 22 to serve Avery Addition (north of Murdock, west of Hoover) (468-82690) 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. SANITARY SEWER TO SERVE PART OF THE BOEING INDUSTRIAL COMPLEX (FROM TURNPIKE DRIVE WEST TO K-15 HIGHWAY, AND ALONG K-15 NORTH TO I- 135). (District III) Agenda Report No. 97-263. The Boeing Company has submitted a petition to build a new sanitary sewer to serve its major plant area. The improvement district, which is located outside the City, consists entirely of Boeing property. The signature on the petition represents 100% of the improvement district. A petition for the sanitary sewer was approved by the City Council on May 18, 1993. A new petition has been submitted which modifies the benefit district and increases the project budget. Boeing's major plant is currently being served by a 15" diameter sanitary sewer line that runs from north of 31st Street South in K-15 Highway right-of-way, then easterly across Kansas Turnpike property onto Boeing property. The 15" diameter line has insufficient capacity to handle current wastewater flows from Boeing. Therefore, Boeing has submitted a new petition to construct a new 24" diameter sanitary sewer line to replace the existing line. The original petition budget was $1,150,000. The new petition budget is $1,300,000. The funding source is Special Assessments. Motion -- Knight moved that the Petition be approved, the Resolution be adopted and the -- carried Mayor be authorized to sign. Motion carried 7 to 0. RESOLUTION NO. R-97-082 Resolution of findings of advisability and Resolution authorizing construction of Main 25, War Industries Sewer to serve part of the Boeing Industrial Complex (468-82318) (from Turnpike Drive West to K-15 Highway, and along K-15 north to I-135 Bypass) 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. BOARD MINUTES MINUTES OF ADVISORY BOARDS. Board of Code Standards & Appeals, 3/3/97 Board of Electrical Appeals, 2/11/97 Commission on the Status of Women, 3/5/97 CPO East Council 2, 2/24/97 CPO East Council 2, 3/10/97 CPO Southeast Council 3, 2/20/97 CPO Southeast Council 3, 3/13/97 CPO Southwest Council 4, 3/13/97 CPO Northwest Council 5, 3/12/97 Group Life Insurance Board of Trustees, 2/27/97 Historic Preservation Board, 2/10/97 Union Pacific/Southern Pacific Merger, Wichita Mitigation Study, 2/28/97 Wichita Art Museum, 2/27/97 Wichita Public Library, 2/18/97 Wichita Metropolitan Transit Authority, 1/21/97 Motion -- Knight moved that the Minutes be received and filed. Motion -- carried carried 7 to 0. EASEMENTS/DEDICATIONS EASEMENTS AND DEDICATIONS. a. Avigational Easement dated 3/4/97 from Mennonite Housing Rehabilitation Services for Lot 1, Maple Lane Addition, Sedgwick County, Kansas for the use of Navigable Airspace. b. Restrictive Covenant dated 3/4/97 from Mennonite Housing Rehabilitation Services for Lot 1, Maple Lane Addition, Sedgwick County, Kansas. Motion -- Knight moved that the documents be accepted and the City Clerk be instructed to -- carried record with the Register of Deeds. Motion carried 7 to 0. STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. There were no street closures/uses considered. AIRPORT LEASE AGREEMENT LEASE AGREEMENT WITH AIRPORT AUTHORITY (K-96 BIKE PATH). (District II) Agenda Report No. 97-264. The Comprehensive Bicycle Plan's number one recommendation was to build a Bicycle Path that follows the K-96 Bypass from Grove Park to the east city limits. The first phase is to build the section from the east city limits to Oliver. The proposed location of the path from the east city limits to Webb road is to construct it on private property immediately adjacent to the south right-of-way line of K-96. A portion of this property is owned by the airport authority. A lease agreement for the use of the property as a bike path has been negotiated with the airport authority. The agreement is for a 25-year term commencing April 1, 1997. The lease agreement provides for a one-time payment of $312.50 to the Wichita Airport Authority. The lease costs will be paid from the project budget. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to sign. -- carried Motion carried 7 to 0. OAKLAWN WATER MAINS DESIGN SERVICES FOR REPLACEMENT OF WATER MAINS IN OAKLAWN. (District III) Agenda Report No. 97-265. On January 14, 1997, the City Council approved a program to provide replacement water mains for the old leaking mains in the water distribution system. On February 20, 1997, the Staff Screening & Selection Committee selected Austin Miller, P.A. to design 7,400 feet of water main in Oaklawn. An Agreement has been prepared. The water mains have been used beyond their design life, are galvanized, and are vulnerable to leaking. Replacement of the 2" mains with 8" and 6" mains provide improved water and fire service to citizens. Payment to Austin Miller, P.A. will be made on a lump sum basis not to exceed $15,550. Water Utility Funds have been designated in the Capital Improvement Program (CIP) for main replacement (CIP No. W-67). Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to sign. -- carried Motion carried 7 to 0. TRANSMISSION FACILITY NORTHEAST TRANSMISSION FACILITY. (Districts I, II, & VI) Agenda Report No. 97-266. On July 18, 1995, the City Council approved the design of the Northeast Transmission Facility, and on February 27, 1996, the City Council entered into an agreement with Professional Engineering Consultants, P.A. (PEC) to design the facility. This project is included in the 1996 Capital Improvement Program (CIP No. W-511). The Northeast Transmission Facility will provide for additional transmission capacity from the water treatment plant/Hess pump station to an existing water tower at 17th and Roosevelt and to the Webb storage tank and pump station at 21st and Webb. This main will help relieve a chronic low pressure condition in the area of 21st and Woodlawn and will provide improved water delivery to the rapidly growing area of east Sedgwick County. Part of the project is proposed to be constructed in the "to be abandoned" Frisco railroad right-of-way located 1/2 mile north of 13th Street North and extending east from Shocker Drive to Webb Road. In order to obtain the necessary legal right to use the railroad right-of-way, a staff attorney and an outside attorney both recommend condemning the required right to the railroad property. In order to proceed with the acquisition, it is necessary for the consultant to perform a title search and prepare tract drawings for easements along the railroad right-of-way. The maximum payment to PEC has been increased by $23,000 from $171,900 to $194,900, will be made on a cost plus percentage of cost basis and will be paid from Water Utility Funds. Motion -- Knight moved that the Supplemental Agreement be approved, and the Mayor be -- carried authorized to sign. Motion carried 7 to 0. EASEMENT - EQUUS BEDS EASEMENT APPROVAL - EQUUS BEDS GROUNDWATER RECHARGE DEMONSTRATION PROJECT - HARVEY COUNTY HARVEY COUNTY. Agenda Report No. 97-267. In November, 1995 The City Council approved the Equus Beds Groundwater Recharge Demonstration Project. the demonstration project is a phased, small-scale, investigate $3.4 million trial project to test the feasibility of a full-scale $106 million groundwater recharge, storage and recovery project to obtain state approval. The groundwater recharge project includes the capture of above base flow water (water which is generated from rainfall runoff above the base river flow) in the Little Arkansas River, the transfer to and storage of captured water in the aquifer, and the recovery and use of this captured water to meet future demands for wichita, Halstead, Newton, Hutchinson, McPherson, Valley Center and other communities. the Equus Beds Aquifer underlies portions of Sedgwick, Harvey, McPherson and Reno Counties and is located within the boundaries of Groundwater Management District No. 2. Since the 1950's, water levels in the aquifer have dropped 20 to 40 feet as a result of heavy utilization. The demonstration project includes a field testing program, with $1.9 million to construct a data collection network to monitor groundwater, surface water, and water quality and to test and demonstrate the feasibility of the groundwater recharge plan. Sites for the field testing and pipeline easements were selected by project consultants Burns & McDonnell. The proposed easements will be used for the Harvey County treatment facility and the 12-inch water line easements that will take water from the Little Arkansas River, process the water and pump it into the Equus Beds. The proposed Harvey line is approximately two miles long and will require the acquisition of these sites as permanent easements. Funds for property acquisition are available through the Water Supply Plan (Phase I and II), Equus Beds Groundwater Recharge Demonstration Project, CIP Project #W-403, as approved by the Council in November of 1995. A budget of $10,000.00 includes: $6,367.00 for acquisition of the four easements and $3,633.00 for closing fees, recording costs, etc. Motion -- Knight moved that the Easement Agreements be approved and the Mayor be authorized -- carried to sign the necessary documents. Motion carried 7 to 0. LINCOLN & WOODLAWN AUTHORITY TO AWARD CONTRACT - COMMITMENT OF CITY FUNDS FOR LINCOLN AND WOODLAWN. (District II & III) Agenda Report No. 97-268. The Authorization Document between the City and the Kansas Department of Transportation (KDOT) is for reconstructing and widening the intersection of Lincoln and Woodlawn. On January 9, 1996, the City Council approved the project for construction. On July 2, 1996, the City Council approved an agreement with KDOT to administer the project and provide 90 percent federal funding. The project is a part of the 1996/1997 Capital Improvement Program (CIP No. MS-412). The project consists of installing left turn lanes on Woodlawn, upgrading the traffic signals, and landscaping the right-of-way. Bids for construction of the improvements were received on February 19, 1997. Cornejo & Sons, Inc. submitted the low bid of $322,015.11. In accordance with the Agreement entered into by the City and KDOT, the City's share of the cost is $63,340.14 and will be paid by General Obligation Bonds. KDOT will reimburse the City for 90 percent of the cost for construction engineering services which has an upper limit of $49,039.66. Motion -- Knight moved that the Construction Contract be awarded, payment of the City's share of the costs be authorized, the Construction Engineering Agreement be -- carried approved and the Mayor be authorized to sign. Motion carried 7 to 0. SLEEPY HOLLOW PARK SLEEPY HOLLOW LIGHTING. (District II) Agenda Report No. 97-269. Private funds raised by the Sleepy Hollow Homeowners Association and Columbia Wesley Medical Center have exceeded the amount originally agreed upon as their portion of a cooperative project with the City of Wichita to purchase and install period lighting fixtures along the Sleepy Hollow park area between Vassar and MURDOCK Streets. The homeowners association and Columbia Wesley have jointly contributed a total of $19,225 toward the project. The City of Wichita will provide funding in the amount of $21,000, for a project totaling $40,225. On October 22, 1996 City Council approved CIP funds in the amount of $55,000 to accomplish park Department lighting projects for 1996 (CIP Project No. P-91). A portion of these funds has been earmarked for use in funding the public/private cooperative neighborhood lighting project between the City, the Sleepy Hollow Neighborhood Association and Columbia Wesley the amendment to the original project is necessary because contributions from the Sleepy hollow neighbors have exceeded the amount originally approved in bonding for this project. In addition, project costs have increased since the initial cost estimates were secured in 1996. Total project costs are projected at $41,225. Columbia Wesley Medical Center has provided $8,000 for the project; Sleepy Hollow neighborhood Association have provided $11,225 in contributions; and the park Department will provide $21,000 from Capital improvement Program funds. Bonding authority for this and other lighting project in parks should be amended to $74,225 because of the private contributions received. Motion -- Knight moved that the Amended Project be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-97-083 A Resolution authorizing the issuance of bonds by the City of Wichita at large for public improvements for lighting in various parks, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. ART MUSEUM ENTRANCE ART MUSEUM ENTRANCE RECONSTRUCTION. Agenda Report No. 97-270. The design and reconstruction of the Art Museum located at 619 Stackman Drive completed in 1977 allowed for public access at the second level to the rear of the building. The design required the public to drive up a ramp, unload passengers and then drive down to the lower level to park. From the parking area the driver would then have to climb stairs to get back up to the upper deck to enter into the museum. This design is not acceptable today since it does not meet standards established by the Americans with Disability Act (ADA). The public currently enters the museum at the back of the facility through what was designed as a delivery entrance. This entrance takes the public into the lower level of the museum which is confusing and unsightly in appearance. Re-designing the entrance of the museum will address parking issues, improve graphics, signage, landscaping, exterior lighting, accessibility and include modifications to meet the Americans With Disabilities Act (ADA). The project will be funded from Capital Improvement Program PB-9604 which is related to the Core Area/Museums on the River Enhancement Projects CA- 9224 and CA-9231. The 1996 - 2005 Capital Improvement Program (PB-9604) provides $50,000 for design in 1997 for the Art Museum entrance reconstruction and $1.1 million for construction in 1998. The Bonding resolution and CIP project authorization are to initiate a $50,000 only design project. The funding source in General Obligation (GO) Bonds. Motion -- Knight moved that the Project be approved, the Resolution be adopted, and the Staff Screening and Selection be authorized to select a design consultant. -- carried Motion carried 7 to 0. RESOLUTION NO. R-97-084 A Resolution declaring it necessary to reconstruct, alter, and repair city facilities located at 619 Stackman Drive by centralizing the entrance to the Wichita Art Museum; authorizing the hiring of a consultant to design such improvements; directing the Public Works Department to submit a full report together with a preliminary estimate of the cost thereof; 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 $50,000.00 relating thereto, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. UNIFIED WORK PROGRAM UNIFIED WORK PROGRAM FOR FISCAL YEAR 1998. Agenda Report No. 97-271. The United States Department of Transportation (DOT) stipulates that a UWP must accompany the Planning Department's annual application for federal moneys. After the UWP is approved by various officials and agencies, it will be used as the authorization document for making applications for funds to support our local transportation planning programs. The availability of local funds for other planning projects will be determined later this summer in the City and County budget processes. Application for the federal funds must be submitted by April 1, 1997. A resolution to authorize the Director of the MAPD to make application for federal funds up to a total of $371,352 is also being presented for approval. Federal funds being requested will provide funding for 6.25 staff positions plus miscellaneous expenses, which will allow the MAPD to continue to evaluate the feasibility of short and long-range transportation options and to develop strategies for implementing elements of the Transportation Plan. This will allow the City of Wichita to continue to receive federal and state construction and operating funds for implementing projects and operating the MTA. The Coordinating Committee for Transportation Planning reviewed and approved the FY-1998 UWP on February 24, 1997. The Planning Commission approved the UWP on March 13. The Sedgwick County Commission is scheduled to review the document on March 26, 1997. The activities described in the UWP are funded from several sources including the Federal Highway Administration (FHWA) through the Kansas Department of Transportation (KDOT) and the Federal Transit Administration (FTA). The Planning Department will make available nonfederal matching funds in support of the UWP. The amount of local match (provided as in-kind staff services) required to receive the federal assistance is shown below: Federal Local Funding Agency Funds Match Ratio Total KDOT/FHWA $322,408 $80,603 80/20$403,011 FTA 48,944 12,237 80/20 61,181 TOTAL $371,352 $92,840 $464,192 Motion -- Knight moved that the FY-1998 UWP be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-97-085 A joint resolution of the Wichita-Sedgwick County Metropolitan Area Planning Commission, Wichita City Council, and Sedgwick County Board of Commissioners authorizing the request of planning funds, the filing of applications, and the execution of contracts and agreements for federal and state grants, and the undertaking of the necessary planning work, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. PROPERTY ACQUISITION PORTION OF PROPERTY LOCATED AT 1358 N. WACO (TRACT #3) FOR THE 13TH AND WACO INTERSECTION IMPROVEMENT PROJECT. (District VI) Agenda Report No. 97-272. The Waco and 13th Street Intersection improvement Project, approved by Council on January 9, 1996, requires the partial acquisition of three tracts at three of the four corners of the intersection. these tracts include Tract #3 which is owned by Donna C. Symns Revocable Trust and is more fully described on the tract map. The subject tract contains approximately 135 square feet and is improved with a structure currently rented to Rent-A-Center. the taking will avoid the improvements. The property owner has agreed to sell the property to the City of Wichita for $575 or $4.25 per square foot. The 1996 Capital Improvement Program includes funds to acquire the necessary right-of-way for the project. The funding source is General obligation Bonds. The budget of $650 includes $575 for the acquisition and $75 for closing costs, and title insurance. This is the first acquisition for the project. Motion -- Knight moved that the Budget and the Real Estate Purchase Contracts be approved and the Mayor be authorized to sign the necessary documents. Motion carried -- carried 7 to 0. EQUUS BEDS GROUNDWATER RECHARGE DEMONSTRATION PROJECT - SEDGWICK COUNTY. Agenda Report No. 97-273. In November, 1995 the City Council approved the Equus Beds Groundwater Recharge Demonstration Project. The demonstration project is a phased, small-scale, investigative $3.4 million trial project to test the feasibility of a full-scale $106 million groundwater recharge, storage and recovery project prior to obtaining State approval for the full project. The project includes the capture of above base flow water (water which is generated from rainfall runoff above the base river flow) in the Little Arkansas River, the transfer to and storage of captured water in the aquifer, and the recovery and use of this captured water to meet future demands for Wichita, Halstead, Newton, Hutchinson, McPherson, Valley Center and other communities. The Equus Beds Aquifer underlies portions of Sedgwick, Harvey, McPherson and Reno Counties and is located within the boundaries of Groundwater Management District No. 2. Since the 1950's water levels in the aquifer have dropped 20 to 40 feet as a result of heavy utilization. Phase II includes a field testing program, with $1.9 million to construct a data collection network to monitor groundwater, surface water, and water quality and to test and demonstrate the feasibility of the groundwater recharge plan. Sites for the construction, operation, testing, of pipelines, power lines, monitoring wells, testing and measuring systems, and easements accessing those sites were selected by the project consultants Burns & McDonnell. The property to be acquired was identified by the consultants as the optimum downstream site of the project. It will be used as a source for the above base-flow water from the Little Arkansas River for the project. The water will be processed on site through a water treatment facility consisting of several metal buildings with a piping system that will chemically treat the water taken from the Arkansas river to levels specified by the State. The water will then be pumped approximately two miles to an injection well. Initially the entire McGinn ownership (305 acre) was appraised and reviewed as required under federal guidelines. The appraised sales offer of $366,000 for the entire farm was rejected by the owner. The City then negotiated the purchase of only that land specifically needed for the project for $184,666.00 or $2,000 per acre for 92.33 acres of land. Upon successful completion of the demonstration project it is anticipated the site will become the permanent site for river intake structure, recharge basins, presedimentation basins, etc. This site provides the most direct, least expensive route to the Little Arkansas River with ownership to the centerline of the river on both the east and west banks of the river on the west curvature of the river. Funds for property acquisition are available through the Water Supply Plan (Phase I and II), Equus Beds Groundwater Recharge Demonstration Project, CIP Project #W-403, as approved by the Council in November of 1995. A budget of $190,000.00 includes: $184,666 for acquisition, and $5,333.00 for closing fees, recording costs, etc. Motion -- Knight moved that the budget and the Real Estate Purchase Contracts be approved and the Mayor be authorized to sign the necessary documents. Motion carried -- carried 7 to 0. FINANCIAL REPORT MONTHLY FINANCIAL REPORT FOR PERIOD ENDING FEBRUARY 28, 1997. Motion -- Knight moved that the report be received and filed. Motion -- carried carried 7 to 0. CLAIM SETTLEMENT SETTLEMENT OF CLAIM - STEVEN RUTH. Agenda Report No. 97-274. On April 5, 1996, Steven Ruth was involved in an automobile accident with a Wichita Police Officer. After investigation of the claim and extent of the claimed damages, the City determined that a resolution of this matter was appropriate; the risks of trial were considered by all sides. After some discussion, the City has been offered an opportunity to resolve the claim with a lump sum payment of $25,000.00 as full settlement of all her claims. Because of the risks associated with litigation, the Law Department recommends acceptance of the offer. Funding for this settlement payment is from the City's vehicle Liability fund. Motion -- Knight moved that the payment of $25,000.00 as full settlement of all possible claims arising out of the accident which is the subject of the claim be -- carried authorized. Motion carried 7 to 0. BOND COUNSEL BOND COUNSEL SERVICES. (District II) Agenda Report No. 97-275. The firm of Hinkle, Eberhart & Elkouri, L.L.C. has served as the City's general Bond Counsel for several years and was the successful contract candidate the last time the contract for Bond Counsel services was put out for competitive proposals. The firm is interested in continuing as the City's bond counsel. It is necessary to enter into a new contract for bond counsel legal services. The services of the Hinkle firm has been satisfactory. Staff is currently working with the firm on two future bond sales. Changing bond counsel legal services at this point would be significantly disruptive to the bond sales and come at a time when working relationships with the bond rating agencies are crucial. It is recommended that the Hinkle firm be retained as the City's bond counsel. The costs of bond counsel legal services will generally be paid as part of the expense of issuing bonds and notes of the City. Motion -- Knight moved that the firm of Hinkle, Eberhart & Elkouri be retained as the City's bond counsel and staff be authorized to negotiate a contract for bond -- carried counsel legal services. Motion carried 7 to 0. CLAIMS ALLOWED REPORT REPORT ON CLAIMS ALLOWED - FEBRUARY, 1997. Name of Claimant Amount John Short $ 186.38 Christopher E. Ward $ 314.84 Harold Popp $ 164.14 Jane Frederick $ 212.31 Southwestern Bell $ 89.28 Stephen & Ronda Perry $4,500.00* Dwight Burge $ 840.00 Jack Ball $2,600.00** Paula A. Goddard $ 355.81 Patricia A. Schneider $ 223.30 Boulevard Properties $ 307.50 Kevin D. Real $ 584.86 *This claim was originally filed in the amount of $10,481.00 **This claim was originally filed in the amount of $ 8,942.00 Motion -- Knight moved that the report be received and filed. Motion carried -- carried 7 to 0. ORDINANCES SECOND READING CHARTER ORDINANCE - POLICE AND FIRE RETIREMENT. (First reading March 18, 1997) CHARTER ORDINANCE NO. 165 A Charter Ordinance amending Section 1 of Charter Ordinance No. 132 which amended Section 15 of Charter Ordinance No. 131 of the City of Wichita, Kansas, pertaining to investments by the Police and fire Retirement system and repealing the original of said section, 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. SECOND READING ORDINANCES. (First reading March 18, 1997) ORDINANCE NO. 43-460 29th Street Bridge An Ordinance declaring 29th Street Bridge east of Oliver (472-82804) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. ORDINANCE NO. 43-461 Vehicle Amplification An Ordinance creating Section 11.38.380 of the Code of the city of Wichita, Kansas, pertaining to the prohibition of loud sound amplification systems in vehicles and the penalty therefore, and repealing chapter 5.58 of the Code, 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. 43-462 Employees' Retirement An Ordinance amending Sections 2.28.160, 2.28.360, and 2.28.610 of the Code of the city of Wichita, Kansas, pertaining to rules and regulations, investment authority and restrictions upon investments of funds under the Wichita employees' Retirement Plans, and repealing the originals of said sections, 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. 43-463 Z-3216 An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. Z-3216 ORDINANCES LEVYING ASSESSMENTS - WATER PROJECTS. ORDINANCE NO. 43-392 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Water Distribution No. (448- 88309/732834/470-361) to serve Lot 1, Block 1, Cranmer Addition (north of 21st, west of Maize), 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. 43-393 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Water Distribution System No. 448-88348 Timber Ridge Second Addition (east of Maize, south of 23rd), 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. 43-394 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Water Distribution System No. 448-88633 (south of 21st, east of Maize), 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. 43-395 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Water Distribution System No. 448-88008 (50th Street South, east of Broadway), 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. 43-396 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Water Distribution System No. 448-88939 (north of 21st, east of Maize), 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. 43-397 An Ordinance levying assessments on lots, pieces, and parcels of land in the city of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Water Distribution System No. 448-88980 (south of 13th, west of 119th Street West), 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. 43-398 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Water Distribution System No. 448-88981 (south of 13th, west of 119th Street West), 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. 43-399 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Water Distribution System No. 448-88950 (north of 29th, east of Rock), 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. 43-400 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Water Distribution System No. 448-88947 (south of Central, east of 143rd Street East), 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. 43-401 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Supply Line for Water Distribution System No. 448-89015 (north of Central, east of Greenwich), 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. 43-402 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Water Distribution System No. 448-89016 (north of Central, east of Greenwich), 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. 43-403 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Water Distribution System No. 448-89017 (north of Central, east of Greenwich), 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. 43-404 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Water Distribution System No. 448-89031 (north of 21st, east of Ridge), 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. 43-405 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Water Distribution System No. 448-89032, to serve Horseshoe Lake and Cox Machine Additions, (north of 21st, east of Ridge), 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. 43-406 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Water Distribution System No. 448-89019 (west of Webb, south of 29th), 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. 43-407 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Water Distribution System No. 448-89021 (north of 29th, west of Ridge), 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. 43-408 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Water Distribution System No. 448-89010 (south of 29th Street North, west of Woodlawn), 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. 43-409 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Water Distribution System No. 448-89011 (south of 29th Street North, west of Woodlawn), 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. 43-410 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Water Distribution System No. 448-89051 (south of Kellogg, east of 119th Street West), 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. 43-411 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Water Distribution System No. 448-89035 (south of 21st, east of Webb), 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. 43-412 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Water Distribution System No. 448-89020 (south of Kellogg, west of 127th street East), 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. 43-413 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Water Distribution System No. 448-88966 (south of 21st, east of Maize), 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. 43-414 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Water Distribution System No. 448-88967 (south of 21st, east of Maize), 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. 43-415 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Water Distribution System No. 448-88968, 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. 43-416 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Water Distribution System No. 448-89030 (south of 21st, east of Maize), 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. 43-417 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Water Distribution System No. 448-89055 (south of Central, west of 159th street East), 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. 43-418 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Water Distribution System No. 448-89044 (north of Central, east of 143rd Street East), 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. 43-419 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Water Distribution System No. 448-89048 (north of 13th, along both sides of 143rd street East), 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. 43-420 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Water Distribution System No. 448-89072 (east of Webb, north of Lincoln), 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. 43-421 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Water Distribution System No. 448-88833 (north of Central, east of 143rd Street East), 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. ORDINANCES LEVYING ASSESSMENTS - SEWER PROJECTS. ORDINANCE NO. 43-422 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Main 18, Southwest Interceptor Sewer (south of 13th, west of 119th Street West), (468-82560/742585/480-350), 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. 43-423 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Lift Station and Force Main in connection with Laterals 1 and 2, Main 18, Southwest Interceptor Sewer (south of 13th, west of 119th Street West), (468-82561/742593/480-351), 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. 43-424 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Lateral 67, Main 22, War Industries Sewer, (north of 29th, east of Rock), (468-82517/742619/480-353), 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. 43-425 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Lateral 132, Main 4, Sanitary Sewer No. 23, (north of 35th Street North, west of Seneca), (468-82591/742668/480-358), 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. 43-426 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Lateral 69, Main 5, Sanitary Sewer No. 23, (south of 29th Street North, west of Woodlawn), (468-82571/742676/480-359), 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. 43-427 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Lateral 68, Main 5, Sanitary Sewer No. 23, (south of 29th Street North, west of Woodlawn) (468-82570/742684/480-360), 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. 43-428 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Lateral 4, Main 16, Southwest Interceptor Sewer (north of 21st, east of Ridge) (468-82596/742692/480-361), 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. 43-429 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Lateral 5, Main 16, Southwest Interceptor Sewer (north of 21st, east of Ridge) (468-82597/742700/480-362), 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. 43-430 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Lateral 130, War Industries Sewer, (west of Webb, south of 29th), (468-82580/742718/480-363), 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. 43-431 An Ordinance levying assessments on lots, pieces, and parcels of land in the city of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Lateral 13, Main 17, Southwest Interceptor (north of 29th, west of Ridge) (468-82577/742726/480-364), 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. 43-432 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Lateral 13, Main 13, Southwest Interceptor Sewer (south of Kellogg, east of 119th Street West) (468-82611/742734/480-365), read for the second time. Knight moved that the Ordinance be placed upon its passage and dopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. ORDINANCE NO. 43-433 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Lateral 90, Sanitary Sewer No. 23, (north of 21st, east of Hillside) (468-82582/742742/480-366), 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. 43-434 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Lateral 68, Main 22, War Industries Sewer (south of 21st, east of Webb) (468-82600/742759/480-367), 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. 43-435 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Lateral 123, Westlink Sewer (west of Tyler, south of 29th) (468-82566/742767/480-368), 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. 43-436 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Lateral 73, Sanitary Sewer No. 23, (west of Meridian, south of 53rd Street North) (468-82132/742775/480-369), 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. 43-437 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Lateral 120, Westlink Sewer (south of 21st, east of Maize) (468-82546/742783/480-370), 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. 43-438 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Lateral 128, War Industries Sewer (south of 13th, west of Rock) (468-82559/742890/480-381), 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. 43-439 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Lateral 70, Main 22, War Industries Sewer (north of 29th Street North, east of Rock) (468-82634/742916/480-383), 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. 43-440 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Storm Water Sewer No. 471, (south of Maple, east of Meridian) (468-82552/750752/485-111), 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. 43-441 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Storm Water Drain No. 117, (south of 13th, west of 119th Street West) (468-82564/750778/485-113), 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. 43-442 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Storm Water Sewer No. 474 (west of Webb, south of 29th) (468-82579/750794/485-115), 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. 43-443 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Storm Water Drain No. 121, (south of Kellogg, east of 119th Street West) (468-82613/750802/485-116), 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. ORDINANCES LEVYING ASSESSMENTS - PAVING PROJECTS. ORDINANCE NO. 43-444 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of St. Clair from Dora to Orient (south of Harry, east of Meridian) (472-82615/763268/490-429), 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. 43-445 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of University Avenue from the east line of McComas to the east line of Kessler(472-82636/763300/490-433), 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. 43-446 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of Kessler from Taft to University (472- 82635/763318/490-434), 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. 43-447 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of Knight Street from University to Taft (south of Maple, east of West Street) (472-82649/763425/490-445), 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. 43-448 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of 53rd Street South; Midland Circle; Robbins Farm Second Addition (west of Broadway, north of 55th Street South) (472- 82603/763441/490-447), 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. 43-449 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of Honeytree/Bluestem; Brandon and Shiloh, Smithmoor Fourth Addition (south of Harry, east of Webb) (472-82538/763490/490- 452), 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. 43-450 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of Tippecanoe Avenue from west line of Tyler to 150 feet east of Callahan (472-82660/763508/490-453), 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. 43-451 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of Topaz Circle and Topaz Court serving Lots 1 through 19, Block 1, Oak Ridge Addition, (north of 29th, west of Ridge) (472- 82662/763532/490-456), 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. 43-452 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of 29th Street North from the east line of Oak Ridge Addition to west line of Topaz Circle, Oak Ridge Addition (north of 29th, west of Ridge) (472-82663/763540/490-457), 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. 43-453 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of 29th Street North, from the west line of Reflection Ridge Eighth Addition to the west line of Lot 1, Block 4, Forest Lakes (west of Ridge) (472-82316/763557/490-458), 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. 43-454 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of Hickory Creek; Hickory Creek Court; and sidewalk along both sides of Hickory Creek or along one side of Hickory Creek and one walk around the entire lake in Reserve "A" (south of 13th, west of 119th Street West) (472-82676/763573/490-460), 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. 43-455 Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of University from Kessler to Knight (south of Maple, east of West Street) (472- 82683/763581/490-461), 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. 43-456 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of Lighthouse Cove from the east line of North Shore Boulevard to the east line of North Shore Boulevard (north of 21st, east of Ridge) (472-82711/763599/490-462), 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. 43-457 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of Lakeway Circle from the north line of 21st Street North to and including the cul-de-sac (north of 21st, east of Ridge) (472- 82712/763607/490-463), 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. 43-458 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of Shadow Lakes; Lakecrest and sidewalk on the north side of Shadow Lakes, (north of 29th, west of Ridge) (472-82698/763615/490- 464), 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. 43-459 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of 31st Street South Circle from the east line of Metro West Industrial Park Addition to and including the cul-de-sac (north of 31st Street South, west of West Street) (472-82056/763862/490-489), 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. S/D 97-6 S/D 97-6 - PLAT OF THE TIMBER RIDGE FOURTH ADDITION LOCATED SOUTH OF 21ST STREET NORTH AND EAST OF MAIZE ROAD. (District V) Agenda Report No. 97-276. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. (unanimous) This site is located in a developed area of the City and needed facilities are already available. However, this replat is creating an additional lot requiring the extension of sanitary sewer and consequently a petition (100%) has been submitted for such an improvement. A Certificate of Petitions has also been submitted. As required by the drainage plan for this site, a cross lot drainage agreement has been obtained by the applicant. In order to assure access among the lots of this Addition, a cross lot circulation agreement has also been provided. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. Documents Certificate, Cross Lot Drainage Agreement, and Grant of Joint Access Easement for Lots 2 through 5, Timber Ridge Fourth Addition from B ;& E Investment, Inc. 100 Percent Petition for construction of Lateral 127, Westlink Sewer, (east of Maize Road, south of 21st Street North) Project No. 468- 82692 ($31,000 SA) Motion -- Knight moved that the Petition be approved and the Resolution be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 7 to 0. RESOLUTION NO. R-97-086 Resolution of findings of advisability and Resolution authorizing construction of Lateral 127, Westlink Sewer, (east of Maize Road, south of 21st Street North) Project No. 468-82692 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. A 97-9 A97-9 - REQUEST TO ANNEX PROPERTY ADJOINING THE CITY AND GENERALLY LOCATED NORTH OF 29TH STREET NORTH AND 1/4 MILE EAST OF TYLER ROAD. (District V) Agenda Report No. 97-277. Forest Lakes, Inc. and Gail Woodard have requested that their property be annexed into the City of Wichita. This request is scheduled for consideration by the Wichita City Council during the March 25, 1997 City Council meeting. The tract of land is approximately 63.97 acres in size. The property is located north of 29th Street North and 1/4 mile east of Tyler Road. The proposed annexation site is currently in the process of being platted; a preliminary plat went before the Subdivision Committee on march 6, 1997. The current use of the property is agriculture. The proposed use of the property is single-family and duplex units. The current zoning is "SF-20" single-Family district under the new Wichita-Sedgwick County Unified Zoning Code. It will convert to the City's "SF-6" single-Family district upon annexation. The surrounding area is predominately zoned "SF-20" and "SF- 6" single-Family Residential with "RR" Rural Residential south of 29th Street North. There is some "LC" Limited Commercial zoning located at corners of Tyler Road and 29th Street North. The City Engineer's office indicates that city water lines will be available for this site. The City is in the process of extending a 24 inch main along 29th Street North from Ridge to Tyler. The project is tentatively scheduled in the City's adopted Capital Improvement Program (CIP) for 1997. The cost for design is $40,000 and $440,000 for construction, bringing total project costs to $500,000. The property owners are to guarantee the extension of City water to serve the lots being platted. Property owners shall also guarantee the extension of sanitary sewer to serve the lots being plated. At present, sewer service is not available, but the City engineers believe this tract and two other nearby tracts can be served with certain improvements. Along with the associated plat (Oakridge 2nd), Forest Lakes West Addition will participate in the paving of 29th Street North from the present ending of paving, westward toward Tyler Road. The Wichita Fire Department indicates fire protection can be extended to the requested annexation area within a 4 minute response time from City Fire Station No. 16, located at 1632 North Tyler Road. Upon annexation, police protection will be provided to the area by the Patrol West Bureau of the Wichita Police Department. There are two parks that are in the area. Barrington Park is 0.68 acres, located at 7618 Barrington, approximately 1 mile south of the area. Sunset Park is 19.37 acres, located at 17th Street North and Keith, approximately 1 1/2 miles south of the property. The property is located in School district 266 (Maize District) and will remain so after annexation has occurred. This property is located within the urban growth area of the City of Wichita as delineated by the comprehensive plan for the metropolitan area, and is also inside the Policy 32 urban service area. The property is not yet located within an area that can be served with city sewer. The property owners will be responsible for the cost of connecting to water and sewer when the services are requested and available. Property owners have projected property values of $17,840,000 for 112 single-family lots and 22 duplex lots. Motion -- Knight moved that the annexation request be approved and the annexation -- carried Ordinance be placed on first reading. Motion carried 7 to 0. ORDINANCE An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, introduced and under the rules laid over. A-97-9 RECESS The City Council recessed to workshop session at 10:18 a.m. and reconvened in regular session at 11:35 a.m. EXECUTIVE SESSION Motion -- Knight moved that the Council recess to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to pending litigation and legal advice; matters relating to employer- employee negotiations; and the regular meeting be resumed no earlier -- carried than 12:45 p.m. in the City Council Chambers. Motion carried 7 to 0. RECESS Council recessed at 11:35 a.m. and reconvened in regular session at 12:55 p.m. Mayor Knight Mayor Knight announced that no action was necessary as a result of the executive session. ADJOURNMENT The City Council meeting adjourned at 12:55 p.m. Pat Burnett City Clerk WORKSHOP: Youth Golfing Review of Greenwich Road Development and Establishment of CIP Priority for City-County Project. Review of Strategic Development Objectives - Downtown Wichita Development Public Housing - Home Ownership Pilot Program Business Incentive Policy Guidelines for Historic Preservation Loans/Grants COUNCIL PROCEEDINGS JOURNAL 163 MARCH 25, 1997 Page 1