MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, January 23, 1996 Tuesday, 9:10 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cather, Cole, Ferris, Gale, Kamen, Rogers; present. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Patricia L. Burnett, Deputy City Clerk; present. The invocation was given by Mayor Bob Knight. 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 January 9, 1996, were -- approved approved 7 to 0. AWARDS AND PRESENTATIONS The Sister Cities Delegation from Cancun, Mexico, was recognized. Mayor Knight presented Distinguished Service Citations to those present. Knight presented the Proclamations previously approved. Motion -- carried Knight moved that Item 6 (b) be taken up out of order. Motion carried 7 to 0. (Action is shown in Agenda Order.) PUBLIC AGENDA COMMENTS BY MARGARET MILLER. Margaret Miller Margaret Miller expressed hope that some of the Environmentalists education ideas regarding solid waste management could be implemented quickly. Wichita has not really provided education regarding how to properly recycle. Comprehensive recycling, led by City leaders, would help solve the City's solid waste problems. Ms. Miller related accomplishments of several cities with regard to recycling. Ms. Miller encouraged the city council members to go to recycle bin locations and and participate in public education. COMMENTS BY PEARL T. LONG. This Item was canceled. UNFINISHED BUSINESS Z-3187 Z-3187 - EXECUTIVES, INC., REQUEST ZONE CHANGE FROM "BB" OFFICE DISTRICT TO "LC" LIGHT COMMERCIAL LOCATED NORTHEAST OF EASTERN AVENUE AND ORME STREET. Continued from January 9, 1996. Agenda Report No. 96-035. MAPC Recommendation: Approve (12-1), subject to replatting within one year, and filing of the voluntary restrictive covenant. Staff Recommendation: Approve, subject to replatting within one year, and filing of the voluntary restrictive covenant. CPO Recommendation: Approve (4-0), subject to replatting within one year, and filing of the voluntary restrictive covenant. The applicant requests a zone change from the 'BB' Office District to the 'LC' Light Commercial District for the south 80 feet of Lot 1, Executives, Inc. Addition, located northeast of Eastern Avenue and Orme Street. The site is currently undeveloped and located south of the Executive Inn motel and the Italian Garden restaurant. The applicant proposes to remove the existing businesses and redevelop the site with a structure for a 37,592 square foot Circuit City department store and 10,567 square feet of lease space, as well as a potential 0.5 acre pad site at the corner of the Kellogg access road and Eastern Avenue. In addition to the existing motel and restaurant to the north, the subject property is bordered by an undeveloped tract of land to the east that is zoned 'BB', a multiple family complex to the south, and single family homes to the west. Currently, there are no platted access controls to either Eastern or Orme Streets. Also, the existing businesses were developed prior to the adoption of the Landscape Ordinance in 1991; therefore, no street yard landscaping and no parking lot screening or landscaping was required where across the street from residential zoning. The proposed development would be subject to the Landscape Ordinance for streetyard landscaping and parking lot screening along Eastern and Orme Streets. However, no screening wall would be required by the Zoning or Landscape Ordinances along Eastern or Orme in order to screen the rear or loading dock area of the proposed building. Since 'LC' zoning has the potential to introduce additional noise, lighting, traffic, late night hours of operation, etc. as compared to uses that would otherwise develop in 'BB' Office District zoning, the applicant has agreed to file a restrictive covenant with the following conditions: 1. Six (6) to eight (8) foot solid masonry wall along the south property line (Orme Street) and extending north along the west property line (Eastern Ave.) approximately 100 feet to a point parallel with Orme Street on the west side of Eastern. 2. Maintain a minimum of a 15 foot landscape buffer along the south property line and a 15 foot landscape buffer along the west property line where across the street from residential zoning. The landscape areas across from residential zoning shall comply with the minimum street yard landscape requirements of the Landscape Ordinance. However, such landscaping shall include shade trees that will create a minimum 12 foot high solid canopy after three years. 3. No illuminated building signs shall be permitted along the south or west sides of any structure where facing residential zoning. 4. Parking lot lighting shall be shielded and directed away from residential properties. The maximum height of any parking lot light fixtures in the south 280 feet of the property shall be 20 feet. 5. No monument or pole signs shall be permitted along Orme Street. No monument or pole signs shall be permitted along Eastern Avenue south of the drainage easement, except for one (1) monument sign. The monument sign shall be no larger than 40 square feet in size and shall be no taller than 10 feet in height. 6. Complete access control shall be maintained to Orme Street. Complete access control shall be maintained to Eastern for the southern 100 feet of the property. 7. No service vehicles or commercial truck deliveries/activities shall be permitted in the southern 100 feet of the property during the hours of 10:00 PM and 6:00 AM. A preliminary site plan submitted by the applicant indicates that a 6 foot high solid masonry wall would be constructed and a 15 foot landscape buffer would be maintained along Orme. The plan also includes a 20 foot landscape buffer along Eastern, with the masonry wall to extend along Eastern approximately 100 feet north of Orme in order to screen the rear loading locks/service areas. Also, Circuit City proposes to locate a service access drive from Eastern at a location across from Orme Street to the west. This access drive could also be used by the public for rear access to the Circuit City store if stereo installation/repair and other similar operations are incorporated into the store. Another customer vehicular access is planned to Eastern in a location approximately 280 feet from the south property line, generally where an access drive is located for the existing motel. At the MAPC hearing on December 14, 1995, two letters from area property owners in opposition to the request were presented to the Commissioners (provided with your additional materials). Also, a representative of the apartment complex to the south expressed concern about increased traffic along Eastern, as well as concern about the views from the second floor apartments that overlook the subject property and which would face the back side of the proposed development. After the public hearing, the applicant volunteered to revise the covenant to require an eight foot solid masonry wall (rather than a 6-8 foot wall), with the landscape shade trees to be installed at a size that would create a minimum 12 foot high solid canopy after six years (rather than 3 years). The revised restrictions were requested by the MAPC, with the intent that the taller wall would provide better screening for the back side loading dock area of the proposed development. Motion -- Kamen moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC be approved, subject to the recommended conditions of replatting and filing of restrictive covenant, and the Planning Department be instructed to forward the Ordinance for first reading when the plat -- carried is forwarded to the City Council. Motion carried 7 to 0. NEW BUSINESS CONTRACT MAINTENANCE ANNUAL CONTRACT MAINTENANCE PROGRAM. (All Districts) Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-040. For several years, the Street Maintenance/Capital Investment Maintenance Program has provided contract maintenance for concrete repairs, curb and gutter repairs, asphalt resurfacing and surface sealing. Last year's program totaled $4,768,000 from the following sources: $3,000,000 Street Maintenance Operating Budget (Gas Tax) $768,000 Capital Investment Maint. Program (General Fund) $1,000,000 Enhanced Maint. Program (G.F. Approp. Fund Balance) $4,768,000 TOTAL 1995 PROGRAM The 1995 program repaired 16 miles of major streets and bridges, and 480 blocks (approximately 48 miles) of residential streets. The City's computerized Pavement Management System allows us to monitor the changing pavement conditions, and analyze and prioritize needed maintenance and repairs. The system also projects the amount of maintenance required on an annual basis for several years into the future. Under current conditions, a program of approximately $5,000,000 per year is needed to keep the streets at an acceptable level of repair. The proposed 1996 Contract Maintenance Program will provide $3,768,000 for contracted street repairs from the following sources: $3,000,000 Street Maintenance Operating Budget (Gas Tax) $768,000 Capital Investment Maint. Program (General Fund) $3,768,000 TOTAL 1996 PROGRAM The proposed 1996 Contract Maintenance Program will provide for curb and gutter repairs, concrete repairs, a variety of asphalt surface treatments and bridge surface replacements. These repairs will be performed on 12 miles of arterial streets and 400 blocks (approximately 40 miles) of residential streets. Bridge deck maintenance is again included in the 1996 program. This program to rehabilitate deteriorated deck surfacing is proposed because bridge decks experience temperature extremes more frequently than on grade pavements, as well as frequent exposure to de-icing chemicals, and they can deteriorate rapidly. Protecting our investment in these expensive structures is a critical part of our maintenance strategy. The 1996 Adopted Budget contains $3,768,000 for contracted street maintenance as follows: Street Maintenance budget $3,000,000, and Capital Investment Maintenance Program, $768,000. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. The Public Works Department was commended on the condition of the Streets, especially in the inclement weather the City has been having. Council Member Rogers Council Member Rogers requested a brief workshop session in which Public Works would review the Computerized Pavement Management System - how the analysis takes place, how streets are prioritized, and other like information. Motion -- Ferris moved that the 1996 Contract Maintenance Program be approved and staff be -- carried authorized to make the necessary budget transfers. Motion carried 7 to 0. YARD AND WOOD WASTE BAN YARD AND WOOD WASTE BAN. (All Districts) Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-041. On October 10, 1995, the City Council approved the concept of a yard and wood waste ban at the Brooks Landfill. The ban was a part of the recommended strategy that was developed by the Wichita-Sedgwick County Solid Waste Management Committee. The Council expressed concern for the regulation of commercial processors of these wastes and has since adopted a new ordinance to address this concern. The ban would prohibit yard waste from being landfilled after June 1, 1996. In recommending this date, the Wichita-Sedgwick County Solid Waste Management Committee also asked that a public education program be started the first of 1996 to make people aware of the ban, why it is being implemented, and how to comply with it. A program to implement such an educational effort will be brought to the Council in the very near future. The only direct economic impact to the City is a loss of revenue from the Landfill. Based on estimates included in the Integrated Solid Waste Management Plan and the adopted 1996 tipping fee, the annual loss in revenue to the City would be $766,000 per year. Individuals and businesses that generate yard waste will also see an economic impact. In other communities, home owners typically pay $10.00 per month (for 9 months of service or $90 per year) for separate collection of yard waste. When this type of ban is implemented elsewhere, 60 percent of the households typically subscribe the first year. The level of yard waste subscribers drops to 40 percent in the second year and 20 percent by the third year. Chris Cherches City Manager said that on January 22, 1996, the Solid Waste Management Committee again met and changed their recommendation. The Committee now recommends that the ban not go into effect until January 1, 1997. The primary reason is because the private haulers in the community felt they would not be able to acquire the necessary equipment to make arrangements to implement a city-wide ban in a short period of time. Joe Pajor Natural Resources Director stated that, at the Solid Waste Management Committee meeting on January 22, 1996, in addition to discussing revising their recommended date to January 1, 1997, the Committee made recommendations regarding specifics of the scope of what would be covered under the ban. The Committee is now recommending that wood waste generated from residential properties that has traditionally been collected by solid waste haulers in their regular collection practice would continue to be allowed to be put out by home owners and collected by haulers on their regular routes. Any wood waste that is generated by the non- residential sector would be covered by the ban in its entirety. Any residential customer that generated large quantities of wood waste that could not be picked up by the regular trash truck would still be subject to the waste ban. In addition, residential customer floral waste, garden waste, or other landscape waste, in quantities and of a type that had been historically accepted by the waste haulers on their regular routes, would be allowed to go into the landfill. Those types of waste from non-residential properties would be subject to the ban. For residential customers, the ban would remain strict for all grass clippings and leaf waste. Mayor Knight left the Bench; Vice Mayor Kamen in the Chair. The Natural Resources Director, responding to a question, said residences that would be generating grass clippings and leaves would have the option to reduce the quantity by mulching, have on-site back yard composting facility, or to subscribe to a separate yard waste collection service from their solid waste hauler and have this waste taken to a commercial composting facility. It is estimated that those households that would chose to have separate yard waste collection would probably pay approximately $10/month for nine months a year for a total of $90 per year for the separate service. Council Member Ferris Council Member Ferris said he would like to see the Solid Waste Management Committee's recommendations in writing. Perhaps a workshop could be held in the next month or two and than recommendations could be presented for Council action. Council Member Cole Council Member Cole said there needs to be a good public education program and that the City needs to look at incentives or rewards rather than penalties. Council Member Cather Council Member Cather stated that the haulers need to know when the Council is going to put the ban of yard waste into effect so they can purchase necessary equipment and make other business decisions. Vice Mayor Kamen Vice Mayor Kamen inquired if anyone wished to be heard. Council Members Cole, Rogers; momentarily absent. Jim Spencer Jim Spencer, BFI, said haulers do not have adequate time to be ready for a ban by June 1st. The Council should not wait until thirty days before the ban is to be in place to announce the decision. The education program, which would include printed materials, needs to be started now and a decision needs to be made regarding what is to be defined as yard waste, exactly what is to be banned, and what exceptions can be occasionally made. A less restrictive ordinance regarding wood waste would help the homeowner who has the occasional fallen tree limb. A rebate program should be in place for this growing season. Dean Frankenberry Dean Frankenberry, Wood Recycle and Compost Center, said his firm would be ready to accept yard wastes by March 1, 1996. To be able to take 20 percent of what is presently going to the landfill would be very profitable to the community. Mr. Frankenberry said his firm would be able to accept yard waste from residents by March 1st and was hoping for the ban to go into effect on June 1st, 1996. The facility will be able to handle about 10 ton per day and has a buyer for all of the compost if it were of quality that could be mixed with topsoil. Mr. Frankenberry said he had no problem with the City's ordinances pertaining to composting. Milt Pollitt Milt Pollitt, Chair of the Solid Waste Management Committee, stated that the reason the Committee revised the recommended date is that waste haulers would need to get the proper equipment. Carts will have to be separate from regular residential waste, and the Wood Recycle and Compost Center will have trouble accepting the wastes delivered in any sort of a bag except biodegradable paper bags. The Committee has been deeply concerned about the lack of action on the public education program and was very enthused when Mike Taylor appeared with a fairly comprehensive program. Mr. Taylor has explained that public education is a long-term matter and will require that materials be distributed by haulers, utility companies, television commercials, and other means. It is hoped support will be given for the education program to proceed as rapidly as possible. Vice Mayor Kamen Vice Mayor Kamen said he hoped the Solid Waste Management Committee would discuss the rebate issue and make an indication at the workshop of the Committee's feelings in this regard. Council Member Cather Council Member Cather stated that a decision needs to be made with regard to the deadline. Council Member Cole Council Member Cole spoke in favor of a workshop session and said a quality education program requires a decision regarding rebates and all other matters before an announcement can be made with regard to what can or cannot be taken to the landfill. Vice Mayor Kamen Vice Mayor Kamen asked that an update of what has been done towards the recommendations of the Committee be provided at the workshop as well as a comprehensive picture of the progress on the different bans, how the progress is hoped to take place, amount of the rebates, how the rebates would work, how the rebates would be limited to Wichita residents and to dealers within Wichita (which would help involve dealers in the education process), and what other cities are doing. The Council also needs to know, with regard to the ban, what other alternatives were available and how the decision for this alternative was made, how the public will be educated, and what the education costs will be. Council Member Ferris Council Member Ferris said information should be provided at the workshop with regard to what education is planned, what is actually banned, options for implementation of a rebate or other incentive ideas, and other matters, so that formal action can be taken by the Council at some point after the workshop. Motion -- Kamen moved that the Council reiterate that the yard waste ban will take place on January 1, 1997; the form of the ban will be set by the Council as soon as possible; at the first workshop after the January 30th, 1996, workshop, information be presented for discussion of the issues which have been expressed at this meeting so formal action can be taken by the Council at a date after the workshop; and that the Environmental Resources Director contact each Council Member before the workshop to ensure their information needs are covered at the workshop. Some of the express issues as restated were: 1. Recommendations of the Solid Waste Management Committee with regard to what is to be banned. 2. Implementation of the ban - staff recommendation with different alternatives including rebates or whatever else might be included. 3. Explanation of the program planned for education of the public, haulers, and others. -- carried Motion carried 6 to 0. (Knight absent) CITY COUNCIL AGENDA VENTLESS HEATERS DISCUSSION OF VENTLESS HEATERS. (Requested by Council Member Cather) Council Member Cather Council Member Cather asked for a future workshop to allow John Stark, Health Department, and Pat Richardson, Plumbers and Gas Fitters Commission, to speak regarding the safety of ventless heaters. Motion -- Cather moved that an Item regarding Ventless Heaters be placed on the February 6, 1996, Agenda as a workshop presentation at some point in the Agenda. Motion -- carried carried 6 to 0. (Knight absent) ADDENDUM ITEM 6 (a) AMENDMENT TO COMPREHENSIVE PLAN. Council Member Ferris Council Member Ferris explained that west Wichita is growing at a very rapid rate and several decisions will have to be made regarding land use in the area. A zoning case is scheduled in the near future for the corner of 135th and Maple which has prompted some discussion in the area. It might be appropriate to look at an entire section of west Wichita and to discuss the land use. Sedgwick County has a ring of six acres on each corner zoned light commercial which ends at Maize Road. There is no existing commercial zoning past Maize Road and now there are zoning cases where a change from residential zoning to commercial zoning is being requested. Sedgwick County Commissioner Tom Winters has agreed that it may be a good strategy to have the Planning Commission and Staff hold the appropriate hearings on a section from approximately 1/2 mile west of Maize Road to 1/2 mile east of 167th, and from the Kellogg corridor to 21st Street North, to consider whether or not the area should be held for purely residential development or how guidelines should be established for light commercial/commercial being developed in the area. This would be a comprehensive plan approach to the entire area. Staff should be authorized to notify major property owners and presidents of homeowners' associations. Commissioner Winters and Council Member Ferris will hold a news conference shortly before the public hearing to announce when and where the public hearing will take place. Council Member Cole Council Member Cole said there are similar areas on the east side of Wichita and it might be well to look at how this would apply to other areas in the City as well. Council Member Ferris Council Member Ferris explained that to try to do a notification city-wide would be too great of a task. This is just looking at the Comprehensive Plan adopted approximately two years ago to see whether an amendment should be made. By drawing an area to look at, the hearing notification process is much easier. Marvin Krout Marvin Krout said that in this particular case it makes sense to look at it one piece at a time. There is a pressing matter which is a case on the docket with a request to defer. There are also limitations on staff and research which requires focus. This should be done with notification to affected property owners which, if the scope is widened, hinders staff's ability to handle. Learning from this experience can be applied to future situations on the east side. On the east side, all of the area which has no commercial zoning is in the County and not in the City of Wichita. No discussions have been held with the County Commissioner from that district about that area. Motion -- Ferris moved that an area bounded by approximately 1/2 mile west of Maize Road, 1/2 mile east of 167th Street East, Kellogg corridor on the South, and 21st Street North, be referred to the Director of Planning to set up the appropriate hearings for an amendment to the Comprehensive Plan for the Planning Commission. -- carried Motion carried 6 to 0. (Knight absent) (Mayor Knight present) ADDENDUM ITEM 6 (B) HOUSING PROJECT: SELECT HOUSING COMMITTEE. (This Item was considered earlier in the meeting; action is shown in Agenda order.) Mayor Knight Mayor Knight asked for council support in asking Dr. Rogers to head a Select Committee on Housing. The Secretary of Housing and Urban Development (HUD) would like to explore a means to get public housing into private ownership. Dr. Rogers would lead the Committee in search of an acceptable avenue which would allow tenants to buy public housing. Council Member Rogers Council Member Rogers said, "Generally speaking, the largest investment an individual makes in their life is in their home - the average citizen. I can think of nothing more important, in terms of people having a stake in their community, than owning a home and having an opportunity to do all of the things that we all do in our homes in terms of taking care of them and providing family supports and so forth." Chris Cherches City Manager stated that a housing strategy that is focusing on turning public housing into private housing/home ownership has a great deal of merit and is something HUD, on a national level, will be promoting in the near future. A program of this nature would be a win/win situation for everyone. From the standpoint of City Government, it would place housing back on the tax rolls. From the standpoint of the tenant, in lieu of paying rent, the tenant would be paying into a home which they would owned. A strategy of this nature would also establish an overall program for jobs and job training along with housing opportunities to individuals that may not otherwise have that opportunity. This very timely strategy would dovetail into an overall housing scheme where the City should evaluate all of its current resources spent for housing from rentals, rehabilitation funding, and from all other programs financed through CDBG. Staff would be very happy to work with Dr. Rogers and the Committee. Council Member Cole Council Member Cole expressed support of the effort and said her district has a number of older properties and probably seven to eight calls out of ten calls she receives are regarding rental properties where there is no one on site to stay on top of things. There are situations in the district where properties have been purchased through "sweat equity" where new owners have been trained how to care for the property, and these have had wonderful results. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Mayor Knight Mayor Knight explained that before a strategy is approved, there will be discussion, debate, and public involvement. Motion -- Knight moved that Council Member Rogers be authorized to form a Select Committee on Housing and to return, for Council consideration, a plan for selling some of -- carried the City's publicly owned homes to low income people. Motion carried 7 to 0. OFF AGENDA ITEM CITY EMPLOYEE COMMENDATION Motion -- carried Knight moved that an Item be taken up off the Agenda. Motion carried 7 to 0. Council Member Rogers Council Member Rogers read a letter from Karen Page which related that her wallet had fallen from her purse and had been lost in the snow and searches had been fruitless. 'Voice mail' messages of 2:34 a.m. and 9:30 a.m. from Don Collins told her the wallet had been found. Ms. Page was able to retrieve her wallet with all contents intact. Mr. Don Collins and Mr. Jim Swisher, City Street Maintenance employees, found the wallet and ensured a safe return. Motion -- Knight moved that the City Manager be directed to write a letter to Mr. Collins and Mr. Swisher expressing the Council's appreciation for their citizenship, and to make sure the letter is placed in their personnel files. Motion carried -- carried 7 to 0. (Mayor Knight absent) TRAVEL AUTHORIZATION APPROVAL OF TRAVEL TO NATIONAL LEAGUE OF CITIES ANNUAL CONGRESSIONAL CITY CONFERENCE, WASHINGTON, D.C., MARCH 9- 12, 1996. Motion -- Rogers moved that approval of travel by Council Members to the National League of Cities Annual Congressional City Conference, March 9-12, 1996; Mayor Knight's travel/attendance at the United States Conference of Mayors January 23-26, 1996; and the cancellation of the City Council meeting of March 12, 1996, be approved. -- carried Motion carried 6 to 0. (Knight absent) APPOINTMENTS APPOINTMENTS TO CITY BOARDS AND COMMISSIONS. Board of Appeals of Air Conditioning, Refrigeration, Warm Air Heating and Boilers (1 vacancy - Public at large - Council at large) Civil Rights and Services Board (1 vacancy - Cole) Commission on the Status of People with Disabilities (3 vacancies - Cather, Kamen, Gale) Group Life Insurance Board of Trustees (1 vacancy - Council at large) Police & Fire Retirement Board of Trustees (1 vacancy - Cole) Wichita Commission on the Status of Women (2 vacancies - Gale, Kamen) Wichita Public Building Commission (3 vacancies - Cole, Gale, Kamen) Wichita-Sedgwick County Alcohol and Drug Abuse Advisory Board (2 vacancies - Youth appointment - Council at large) Appointments will be for terms expiring June 30, 1997. Motion -- Cole appointed Kris Wilshusen - ADAAB and moved that the appointment be approved. -- carried Motion carried 6 to 0. (Knight absent) Motion -- Rogers appointed Clyde Foreman (Youth) - ADAAB and moved that the appointment be -- carried approved. Motion carried 6 to 0. (Knight absent) Motion -- Ferris appointed Paul Masterson - Group Life and moved that the appointment be -- carried approved. Motion carried 6 to 0. (Knight absent) Motion -- Ferris appointed Lee Kershen - Air Conditioning, Refrigeration and moved that the -- carried appointment be approved. Motion carried 6 to 0. (Knight absent) Motion -- Cole appointed Nancy McKellar - Status of Women and moved that the appointment be -- carried approved. Motion carried 6 to 0. (Knight absent) APPOINTMENT TO CPO 2 (EAST). The members of CPO 2 have selected Cornelius Glover, Jr., 2625 S. Linden Court, to fill an existing vacancy in subdistrict 2.3. Motion -- Kamen appointed Cornelius Glover, Jr., and moved that the appointment be -- carried approved. Motion carried 6 to 0. (Knight absent) PROCLAMATIONS PROCLAMATIONS. -- Project H.O.P.E.+E Day -- American History Month Motion -- carried Kamen moved that the proclamations be authorized. Motion carried 6 to 0. (Knight absent) CONSENT AGENDA Ferris left the Bench. Kamen moved that the Consent Agenda be approved in accordance with the recommended action shown thereon. Motion carried 5 to 0. (Ferris, Knight; absent) BOARD OF BIDS REPORTS OF THE BOARD OF BIDS AND CONTRACTS DATED JANUARY 16 AND 22, 1996. At 10:00 a.m., Friday, January 12, 1995, pursuant to advertisements published, bids were received, publicly opened, read aloud and tabulated for the Board of Bids and Contracts: (Ref: Bid analysis report attached to Board of Bids Minutes January 16, 1996.) PARK AND RECREATION DEPARTMENT: MAC DONALD MUNICIPAL GOLF COURSE CLUB HOUSE HEATING AND AIR CONDITIONING, PLUMBING, ELECTRICAL, AND FENCING AS PER SPECIFICATIONS Rothco, Inc. - $23,834.00 (Total Base Bid) $ 450.00 (Alternate #1) $ 584.00 (Alternate #2) Kamen moved that the contract be awarded as outlined above, same being the lowest and best bid. Motion carried 5 to 0. (Ferris, Knight; absent) At 10:00 a.m., Friday, January 19, 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 January 22, 1996) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Lateral 121, Westlink Sewer to serve Park West Plaza Addition (west of Maize, south of Central). (468- 82547/742551/480347) Does not affect existing traffic. (Council approval date 11-28-95) (District V) WB Carter Construction Co., Inc. - $8,000.00 Parkridge and Chartwell from EL of Covington Circle to NW corner of Lot 28, Block 3, of Aberdeen First Addition and sidewalk to be constructed on one side; Covington from south right-of-way of Parkridge to SW corner of Lot 7, Block 2, Aberdeen First Addition and sidewalk to be constructed on one side; Neville from east right-of-way of Pine Grove to west right-of-way of Parkridge; Pine Grove from north right-of- way of Britton to SW corner of Lot 37, Block 1, Aberdeen First Addition; Britton from west right-of-way of Parkridge to WL of Pinegrove; Pine Grove Court from west Pine Grove right-of-way to and including cul-de-sac; Pine Grove Circle from SW corner of Lot 37, Block 1, Aberdeen First Addition to and including cul- de-sac; Neville Court from north right-of-way of Neville to and including cul-de-sac; Parkridge Circle from north right-of-way of Parkridge to and including cul-de-sac; Covington Circle from NL off Chartwell to and including cul-de-sac; Covington Court from east right-of-way of Covington to and including cul-de-sac, and; Parkridge Court from east right-of-way of Parkridge to and including cul-de-sac, Aberdeen First Addition (north of 21st, east of 119th Street West). (472-82443/763375/490440) Does not affect existing traffic. (Council approval date 04-26-94) (District V) Asphalt Construction - $498,250.10 (Total Alternate #1) Storm Water Drain #110 to serve Lots 1 through 4 in Pawnee and West Industrial Park Addition (at Pawnee, west of K-42). (468-82426/750661/485102) Does not affect existing traffic. (Council approval date 01-09-96) (District IV) Nowak Construction - $31,017.00* (Engineer's Construction Estimate) *negotiated Storm Water Sewer #450 - Phase II to serve Reflection Ridge Commercial and Lake Ridge Commercial Additions west of Ridge Road, north of 21st Street North). (468- 82378/750604/485096) Traffic to be maintained through construction. (Council approval date 03-08-94) (District V) WB Carter Construction Co., Inc. - $107,031.00 Lateral 52, Main 9, Sanitary Sewer 23 to serve Comotara Power Center 2nd Addition (west of Rock, south of 37th Street North). (468-82502/742528/480344) Does not affect existing traffic. (Council approval date 10-17-95) (District II) WB Carter Construction Co., Inc. - $26,000.00 Kamen moved that the contract be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign the contract for the City. Motion carried 5 to 0. (Ferris, Knight; absent) PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS DIVISION: REPLACEMENT OF FRONT STAGE CURTAINS FOR THE EXHIBITION HALL AND THE CONCERT HALL AT CENTURY II CONVENTION CENTER AS PER SPECIFICATIONS Theatrical Services, Inc. - $11,457.00 HUMAN SERVICES DEPARTMENT/ENERGY OFFICE: FURNACE AND WATER HEATERS INSPECTIONS AND TUNE-UPS AS PER SPECIFICATIONS Airstock, Inc. - Item 1 - $48.00 per each - Item 2 - $48.00 per each - Item 3 - $48.00 per each - Item 4 - $48.00 per each - Item 5 - $20.00 per each - Item 6 - $55.00 per each - Item 7 - $15.00 per each (heat) - $23.00 per each (cool) - Item 8 - $ 5.00 per each - Item 9 - $75.00 per each - Item 10 - $63.00 per each - Item 11 - $ 4.05 per lin. ft. - Item 12 - $ 4.91 per lin. ft. - Item 13 - $ 5.79 per lin. ft. - Item 14 - $ 1.20 per lin. ft. Kamen moved that the contract be awarded as outlined above, same being the lowest and best bid. Motion carried 5 to 0. (Ferris, Knight; absent) LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1996 (Consumption on Premises) Vincent B. Dunn Old Town Bbq & Chili Factory*111 N. Washington Marla M. Hayden Buck's Barbeque*583 S. West Street (Consumption off Premises) Jay A. Johnson Johnson's General Store #61003 S. Seneca New Operator 1996 (Consumption on Premises) Roda M. Aguilar La Salsa* 444 S. Oliver New Establishment 1996 (Consumption on Premises) Gary Carter What's Happenin'2825 S. Geo. Washington Blvd. *General Retailer--beer sales derive less than 50% of gross revenues. Motion -- Kamen moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 5 to 0. (Ferris, Knight; absent) PLANS AND SPECS. PLANS AND SPECIFICATIONS. a. 24" Rip-Rap for the Wichita-Valley Center Flood Control Project. (Index #791335/435162) Does not affect existing traffic. (Council approval date 08-15-95.) (Districts All) Motion -- Kamen 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., January 26, 1996. Motion carried 5 to 0. (Ferris, Knight; absent) b. Drainage, Paving, Signalization and Landscaping Improvements at the Intersection of Harry and Edgemoor. (468-82138/724179/420517 & 472-82668/706291/405183) Traffic to be maintained during construction with one lane, one way traffic at all times. (Council approval date 03-21-95 & 01- 09-96) (District III) c. 1995 Sanitary Sewer Rehabilitation Program - Reconstruct the 8" Sanitary Sewer in the alley west of Dodge Street from the first manhole south of Third Street to the end of the line south of McLean (west of Seneca, south of McLean). (468-82558/621235/533226) Third Street and alley to be closed to traffic. (Council approval date 07-18-95) (District VI) Motion -- Kamen moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., February 2, 1996. Motion carried 5 to 0. (Ferris, Knight; absent) SUBDIVISION PLANS AND SPECIFICATIONS. a. Storm Water Sewer 462 to serve Northridge Lakes Addition (east of Tyler, north of 21st). (468- 82495/750695/485105) Does not affect existing traffic. (Council approval date 12-12-95) (District 5) Motion -- Kamen 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., January 26, 1996. Motion carried 5 to 0. (Ferris, Knight; absent) a. Lateral 351, Southwest Interceptor Sewer to serve Robbins Farm 4th Addition (west of Broadway, north of 55th St S). (468-82485/742502/480342) Does not affect existing traffic. (Council approval date 09-12-78) (District 5) b. Lateral 360, Southwest Interceptor Sewer to serve Winwood Addition (south of 21st, west of Maize). (468- 82525/742569/480348) Does not affect existing traffic. (Council approval date 11-21-95) (District 5) c. 16th Street North from WL and extended WL of Lot 1, Block 4 to EL of Lot 33, Block 2 and EL of Lot 9, Block 4; 16th Street Court from NL of 16th Street North to and including the cul-de-sac serving lots 8 through 20, Block 2; 16th Street Court from NL of 16th Street North to and including the cul-de-sac, serving Lots 21 through 33, Block 2; and Aberdeen from EL of Socora to EL of Lot 14, Block 4 and EL of Lot 9, Block 5 Socora Village & Wesley West Addition (east of Tyler, south of 17th). (472-82279/763417/490444) Does not affect existing traffic. (Council approval date 09-12-95) (District 5) d. Socora from the SL of Westlink Village 16th Addition to SL if 17th Street North, all in Westlilnk Village 16th Addition (east of Tyler, south of 21st Street North). (472- 80747/763474/490450) Socora to be closed during construction. (Council approval date 08-29-78) (District 5) Motion -- Kamen moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., February 2, 1996. Motion carried 5 to 0. (Ferris, Knight; absent) PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. Access Road for Sanitary Sewer Lift Station built as part of Lateral 155, Sanitary Sewer #22 serving I-135 Power Center Addition (east of Hydraulic, south of 31st Street South) - $33,450.00. (468-82518/742460/480338) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 09-19-95) (District III) b. 1996 Repair of Condemned Sidewalk and Wheelchair Ramp Construction, Phase II at various locations - $50,000.00. (132100/112000) Does not affect existing traffic. (Council approval date 08-15-95) (District all) c. Water Distribution System to serve Park West Plaza Addition (west of Maize, south of Central) - $29,580.00. (448-88969/733030/470381) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 11-28-95) (District V) Motion -- Kamen moved that the preliminary estimates be approved and filed. Motion -- carried carried 5 to 0. (Ferris, Knight; absent) STATEMENTS OF COST STATEMENTS OF COST (CHESNEY). a. Caroline Avenue from the west line of Joann to the east line of Gow Street Collins & Robb Additions - $43,402.00. (472-82466/762518/490354) b. Meadow Creek from the north line of Lot 6, Block 2 to the west line of Fairview in Meadow Creek Addition - $62,571.00. (472-82552/762948/490397) c. Alley between Douglas & William from the east line of Topeka to the west line of Emporia - $55,158.00. (472-82405/762260/490329) d. Charles from the north line of 46th Street South to the south line of 45th Street South - $102,538.00. (472-81403/762013/490304) e. North Shore Circle from the east line of North Shore Boulevard to and including the cul-de-sac; and North Shore Courts from the east line of North Shore Circle to and including the cul-de-sac serving Lots 18-30 and Lots 35-41, Block 1, Barefoot Bay Addition - $627,894.00. (472- 82478/762641/490367) f. Storm Water Sewer #436 to serve Lot 2, Block 1, Comotara Power Center Addition - $197,500.00. (468- 82226/750687/485) g. Storm Water Sewer #384 to serve Lots 2-6, Block 6, Sterling Farms Addition - $162,065.00. (468- 81943/750570/485093) h. Lateral 11, Main 13, Southwest Interceptor Sewer to serve Pawnee Mesa Addition - $40,639.00. (468- 82407/742130/480305) i. Lateral 65, Main 22, WIS to serve Mediterranean Plaza Addition - $69,667.00. (468- 82480/742320/480324) j. Lateral 155, Sanitary Sewer #22 to serve I- 135 Power Center Addition - $156,536.00. (468- 82418/742155/480307) k. Lateral 341, SWI to serve Brandt Commercial Addition - $33,773.00. (468-82437/742429/480334) l. Storm Water Sewer #443 to serve part of Fairfield Estates and Capital Addition - $41,986.00. (468- 82271/750612/485097) m. Lateral 63, Main 5, Sanitary Sewer #23 to serve part of Meadow Oaks Addition - $113,384.00. (468- 82340/742262/480318) n. Lateral 30, Main 1, Westlink Sewer to serve part of Westfield Acres Addition - $23,118.00. (468- 82474/742270/480319) o. Lateral 126, War Industries Sewer to serve Christ Community Church Addition - $32,101.00. (468- 82423/742338/480325) p. Lateral 345, SWI to serve Prairie Woods Addition - $169,325.00. (468-82462/742247/480316) q. Lateral 19, Main 1, Cowskin Interceptor Sewer to serve Lexington and Miles Hidden Lakes Estates Additions -$209,794.00. (468-82260/742031/480495) r. Water Distribution System to serve White Tail Addition - $102,321.00. (448-88769/732495/470327) s. Water Distribution System to serve KUMC Addition - $43,040.00. (448-88895/732586/470336) t. Water Distribution System to serve Harbor Isle Addition - $123,842.00. (448-88851/732370/470315) u. Water Distribution System to serve 45 Rock Road Industrial Park - $32,771.00. (448-88904/732602/470338) v. Water Distribution System to serve White Tail Addition - $59,824.00. (448-88768/732487/470326) w. Water Distribution System to serve Bradley Fair Addition - $34,635.00. (448-88783/732057/470283) x. Water Distribution System to serve Meadow Oaks Addition - $76,537.00. (448-88732/732677/470345) y. Water Distribution System to serve Lark Second Addition - $51,558.00. (448-88888/732651/470343) z. Hazel from the east line of Lot 51, Block 1 to the east line of Lot 68, Block 1, Stoneborough Addition; Hazel Court from the south line of Hazel to and including the cul-de-sac to serve Lots 56-63, Block 3; and Hazel Court from the south line of Hazel to and including the cul-de-sac to serve Lots 64-71, Block 3, Stoneborough Addition - $181,037.00. (472- 82570/762963/490399) aa. Gow Street from the south line of Caroline Avenue to the south line of St. Louis Avenue Collins & Robb Additions - $53,017.00. (472-82465/762500/490353) bb. North Shore Boulevard from the north line of 21st Street North to the north line of Lot 1, Block 1, North Lakes Addition - $510,617.00. (472-82376/762294/490332) cc. Prescott from the southerly line of Lot 28, Block 2 and Lot 17, Block 3, Pawnee Mesa Third Addition to the south line of Prescott Court, all in Pawnee Mesa 3rd Addition - $54,317.00. (472-82053/763052/490408) dd. Knight Street from St. Louis to Central Avenue - $155,320.00. (472-82440/762450/490348) ee. Left Turn & Decel Lane on 29th Street North to serve the proposed access point to Pioneer Balloon Addition - $53,768.00. (472-82495/762716/490374) ff. Timbercreek Circle from the east line of Meridian to and including the cul-de-sac; and Timbercreek Courts from the north line of Timbercreek Circle to and including the cul-de-sac serving Lots 17-26, Block 1 and from the north line of Timbercreek Circle to and including the cul-de-sac serving Lots 30-40, Block 1, Harbor Isle Addition - $262,419.00. (472- 82489/762658/490368) gg. Custer Court from the west line of Custer to and including Hammerhead, Ebersole Addition - $43,251.00. (472- 82496/762906/490383) hh. Northbound Accel/Decel Lane on the east side of Rock Road from a point 1,800' south of 21st Street to a point 800' south of 21st Street to a point south of 21st Street to a point 800' south of 21st Street; combined curb and gutter shall be constructed on the east side of said pavement; southbound left turn lane on Rock Road to serve the major entrance; southbound accel lane on the west side of Rock Road from a point 940' south of 21st Street to a point 1700' south of 21st Street; combined curb and gutter shall be constructed on the west side of said pavement; and installation of driveways and wheelchair ramps where required in Bradley Fair Addition - $289,455.00. (472-82341/762138/490316) ii. Lateral 128, Main 4, Sanitary Sewer #23 to serve Northcutt Trailer and Equipment Sales, Inc. - $43,006.00. (468-82433/742189/480310) jj. Lateral 11, Main 14, Southwest Interceptor Sewer to serve Pawnee and West Industrial Park Second Addition - $71,291.00. (468-82469/742304/480322) kk. Lateral 51, Main 9, Sanitary Sewer #23 to serve Comotara Power Center Second Addition - $60,933.00. (468- 82501/742411/480333) ll. Lateral 312, SWI to serve parts of Reflection Ridge Seventh & Eighth Additions - $147,990.00. (468-82211/742288/480320) mm. Lateral 57, Main 22, War Industries Sewer to serve Home Design Center Addition - $51,924.00. (468- 82052/742296/480321) nn. Water Distribution System to serve Sterling Farms Addition - $64,628.00. (448-88896/732594/470337) oo. Water Distribution System to serve Stoneborough Addition - $34,795.00. (448-88906/732610/470339) pp. Water Distribution System to serve White Tail Addition - $39,181.00. (448-88770/732644/470342) qq. Water Distribution System to serve Lots 20 and 21, Fairlawn Acres Addition - $15,141.00. (448- 88928/732776/470355) rr. Water Distribution System to serve The First Mennonite Brethren Church - $22,439.00. (448-88924/732701/n/a) ss. Water Distribution System to serve Pawnee Mesa Third Addition - $16,103.00. (448-88483/732693/470347) tt. Water Distribution System to serve Savanna at Castle Rock Ranch Seventh Addition - $58,244.00. (448- 88872/732511/470329) uu. Water Distribution System to serve Prairie Woods Addition - $66,564.00. (448-88905/732669/470344) vv. Water Distribution System to serve Prairie Woods Addition, Phase 1 - $68,884.00. (448-88900/732636/470341) ww. Water Supply Line to serve Prairie Woods Addition - $167,022.00. (448-88907/732628/470340) xx. Water Distribution System to serve Reflection Ridge Seventh Addition - $96,917.00. (448- 88899/732719/470349) yy. Water Distribution System to serve Christ Community Church Addition - $58,077.00. (448- 88868/732750/470353) Motion -- Kamen moved that the Statements of Cost be received and filed and the proposed -- carried assessment rolls be prepared. Motion carried 5 to 0. (Ferris, Knight; absent) PETITION PETITION (100%) FOR STORM WATER SEWER TO SERVE PART OF NORTHRIDGE LAKES ADDITION (EAST OF TYLER, NORTH OF 21ST). (District V) Agenda Report No. 96-042. On December 19, 1995, the City Council approved a storm water sewer petition to serve Northridge Lakes Addition. An attempt to award a construction contract within the budget set by the petition was not successful. A new petition with an increased budget has been submitted. The signatures on the new petition represent 100% of the improvement district. The original petition totaled $103,300. The new petition totals $128,330. The funding source is Special Assessments. Motion -- Kamen moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 5 to 0. (Ferris, Knight; absent) RESOLUTION NO. R-96-015 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Sewer No. 462 (east of Tyler, north of 21st) Project No. 468-82495 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 5 to 0. (Ferris, Knight; absent) Yeas: Cather, Cole, Gale, Kamen, Rogers. BOARDS MINUTES MINUTES OF ADVISORY BOARDS. Board of Appeals of Plumbers and Gas Fitters, 1/2/96 Board of Park Commissioners, 12/11/95 Human Services Board, 12/7/95 Public Advisory Board, 12/14/95 Sister Cities Advisory Board, 1/5/96, 12/1/95 Wichita Airport Authority, 12/18/95 Wichita Art Museum Board, 12/21/95 Wichita Commission on the Status of People With Disabilities, 12/6/95 Wichita Commission on the Status of Women, 1/3/96 Wichita Employees' Retirement System, 12/20/95 Wichita Police & Fire Retirement System, 12/20/95 Wichita/Sedgwick County Metropolitan Area Planning Commission, 12/14/95 Wichita/Sedgwick County Solid Waste Management Committee, 11/20/95 Motion -- carried Kamen moved that the Minutes be received and filed. Motion carried 5 to 0. (Ferris, Knight; absent) STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. There were no street closures considered. CLAIMS ALLOWED REPORT REPORT ON CLAIMS ALLOWED - DECEMBER, 1995 Name of Claimant Amount Daniel Gao $3,016.22 Southwestern Bell $ 354.85 Pearl Williams $ 125.00 Randy L. Whitesell $ 240.76 Claude Woodside $2,000.00* Pauline White $ 50.00 Brad Moulds $ 144.00 Ruth Taylor $ 100.00 Becky Ballagh $ 168.22 *The original amount claimed was $50,000.00. Motion -- carried Kamen moved that the Report be received and filed. Motion carried 5 to 0. (Ferris, Knight; absent) PROPERTY ACQUISITION SETTLEMENT OF EMINENT DOMAIN APPEAL - ALVA COOK. (District IV) Agenda Report No. 96-043. Authorize transfer of 10 acres of the 20 acres acquired by eminent domain back to the landowner in return for payment to the City of $35,000 and dismissal by the landowner of its appeal. In the fall of 1995, the City, through its eminent domain powers, acquired fee title to 20 acres of land off the west end of a 40 acre tract owned by Alva Cook in connection with the City's planned construction of the South Seneca Drainage Outfall Project. The City paid $70,000 ($3,500 per acre) for this land. The landowner appealed the award and that case is pending in the District Court. The City's engineers and outside engineering consultants agree that construction of the Project does not require the westerly 10 acres of the tract acquired from Mr. Cook. The City determined to acquire that part of the tract because it would have been a land-locked remnant after construction of the Project and the City would have paid Mr. Cook for it even if it was not taken. However, during the pendency of the eminent domain case the landowner purchased land along 55th Street South which gave him access to the westerly 10 acres. This made the 10 acre tract valuable to the landowner and he has offered to repurchase that tract from the City for the same price that the City paid to acquire it from him. In addition, he has agreed to dismiss, with prejudice, his appeal. This settlement is a good deal for both the City and the landowner. The City does not need the land and it can be returned to the landowner as a wash to both parties. Most important to the City the appeal will be dismissed and that will mean that the right-of-way costs for this Project are final. This settlement will result in a credit to the South Seneca Drainage Outfall Project fund. The credit will be $35,000. Motion -- Kamen moved that, by quitclaim deed, the westerly 10 acres of the tract of land condemned from Alva Cook in eminent domain Case No. 95 C 2464 be conveyed back to Mr. Cook as a full settlement of the pending eminent domain appeal filed by -- carried Mr. Cook. Motion carried 5 to 0. (Ferris, Knight; absent) CLAIM SETTLEMENT SETTLEMENT OF CLAIM - NICOLE DUPREE. Agenda Report No. 96-044. On April 15, 1995, Ms. Dupree was a passenger on a MTA bus, which collided with a truck. Ms. Dupree submitted a claim for her damages based on medical expenses, and pain and suffering. 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 $15,000.00 as full settlement of all her claims against the City. 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 Tort Liability Fund. Motion -- Kamen moved that payment of $15,000.00 as a full settlement of all possible claims arising out of the vehicular accident be authorized. Motion carried -- carried 5 to 0. (Ferris, Knight; absent) IRB - N. EMPORIA BLDG. PURCHASE OPTION (NORTH EMPORIA BUILDING COMPANY). (DISTRICT VI) Agenda Report No. 96-045. The Wichita City Council approved, on August 26, 1980, the issuance of $625,000 in Industrial Revenue Bonds, Series VIII, 1980, to finance the acquisition and renovation of an office building to be leased to and operated by North Emporia Building Company. Under the provisions of Article XVII, Subsections 17.1, 17.2 and 17.3 of the Lease Agreement for the bond series, North Emporia Building Company has the option, if all outstanding bonds have been paid or provision for their payment has been made, to purchase the facility from the City of Wichita for the sum of $100. The City of Wichita on December 21, 1995, received a notice from North Emporia Building Company of its intention to exercise its option to purchase the facility. Under the terms of the Lease, the City is required to convey the real and personal property and facility securing the IRB issue to the Tenant, once the Tenant has paid the purchase price and other considerations as listed under the provisions of the Lease Agreement, including the payment, or satisfactory provision for payment, of all outstanding bonds. The City has received a check in the sum of $100 from North Emporia Building Company which represents the purchase price for the facility. The City has also been notified by the Trustee that all rental requirements and obligations of the Lease Agreement have been met. The purchase price is $100 and other considerations as listed under the provision of the Lease Agreement to redeem and retire all outstanding bonds. This price includes without limitations, principal, interest, redemption premium, and all other expenses of redemption, and trustee fees, but after the deduction of any amounts described and provided for in the Lease Agreement and available for such redemption. The City is contractually bound to convey the IRB Project property to the Tenant by special warranty deed, once all the conditions established in the Lease have been met. Because some of the conditions for delivery of the special warranty deed may not yet have been met, the City Attorney's Office has approved the form of the Resolution to authorize the execution of the Special Warranty Deed and Termination of Lease. Motion -- Kamen moved that the Resolution be adopted and the Special Warranty Deed and Termination of Lease Agreement be approved and the Mayor be authorized to sign. Motion carried 5 to 0. (Ferris, Knight; absent) RESOLUTION NO. R-96-016 A Resolution authorizing the City of Wichita, Kansas, to convey certain real property to North Emporia Building Company and prescribing the form of and authorizing the execution and delivery of certain documents in connection therewith, presented. Kamen moved that the Resolution be adopted. Motion carried 5 to 0. (Ferris, Knight; absent) Yeas: Cather, Cole, Gale, Kamen, Rogers. IRB - ORTHOPAEDICS PURCHASE OPTION (ORTHOPAEDICS PROPERTIES PARTNERSHIP). (District VI) Agenda Report No. 96-046. On December 17, 1985, the Wichita City Council approved the issuance of $1,000,000 in Industrial Revenue Bonds, Series XXIII-1985, to finance the purchase and renovation of an office building for use as a medical clinic to be leased to and operated by Orthopaedics Properties Partnership. Under the provisions of Article XVII, Sections 17.1 and 17.2 of the Lease Agreement for the bond series, Orthopaedics Properties Partnership has the option, if all outstanding bonds have been paid, to purchase the facility from the City of Wichita for the sum of $100. The City of Wichita on December 11, 1995, received a notice from Orthopaedics Properties Partnership of its intention to exercise its option to purchase the facility. Under the terms of the Lease, the City is required to convey the real property and facility securing the IRB issue to the Tenant, once the Tenant has paid the purchase price and other considerations as listed under the provisions of the Lease Agreement, including the payment of all outstanding bonds. The City has received a check in the sum of $100 from Orthopaedics Properties Partnership which represents the purchase price for the facility. Documents to convey title of the property to Orthopaedics Properties Partnership has been prepared by the law firm of Hinkle, Eberhart and Elkouri. The purchase price is $100 and other considerations as listed under the provision of the Lease Agreement to redeem and retire all outstanding bonds. This price includes without limitations, principal, interest, redemption premium, and all other expenses of redemption, and trustee fees, but after the deduction of any amounts described and provided for in the Lease Agreement and available for such redemption. The City is contractually bound to convey the IRB Project property to the Tenant by special warranty deed, once all the conditions established in the Lease have been met. The City Attorney's Office will approved the form of the documents to authorize the execution of the Special Warranty Deed and other documents. Motion -- Kamen moved that the Special Warranty Deed, Termination and Release of 1985 Lease, Bill of Sale and Cancellation, Discharge and Release of 1985 Indenture be -- carried approved and the Mayor be authorized to sign. Motion carried 5 to 0. (Ferris, Knight; absent) SWU DRAINAGE PROJECTS 1996 STORM WATER UTILITY NEIGHBORHOOD DRAINAGE PROJECTS. (All Districts) Agenda Report No. 96-047. Funding is allocated in the Capital Improvement Program for major drainage projects. In addition, a special "Hot Spot" program to address neighborhood drainage concerns was funded through the Storm Water Utility as approved by the City Council on February 23, 1993. On October 19, 1993, City Council approved a list of locations suitable for neighborhood drainage improvements, which was prioritized due to severity of drainage problems and/or the impact on public safety or travel in the area. Design plans for those locations were completed in 1994, and several of the projects began construction in 1994 and 1995 and others are scheduled for construction in 1996 using funds encumbered from the 1995 program and 1996 program funds. Project Complete or In Progress District Status Grove Street, 14th to 17th Street 1 Complete Central and Mission 2 Complete Central Riverside Park 6 Complete Patterson, West of Broadway 3 Waiting-Dirt Street Paving Seneca and 35th St. North 6 Waiting-Permits Mead and Marion 3 Complete Meridian at Casado Ct. 4 Begin Constr. April 1996 Street Drainage MacDonald Park 1 Complete Alley S. of Lincoln, E. of Governor 2 Complete Douglas and Bleckley 2 Begin Constr. Jan. 1996 Storm Water Utility staff receives complaints from citizens throughout the City concerning drainage problems. While some of these problems are scheduled to be addressed through the Capital Improvement Program (CIP), many are not included in the CIP. Funding for 1996 will be sufficient to address a limited number of these locations. Staff has investigated numerous areas and recommends the following for inclusion in the 1996 Neighborhood Drainage Program as funding allows: Future Projects Meridian Ditch: 27th-35th St. South District 4 Westerlea Addn., Fairhaven, Maple to Taft District 5 Street Drainage near Murdock and Westlink District 5 Estelle at 10th and 11th Streets District 1 17th and Hillside District 1 Dead Cow Airport District 4 West Grant, 2400 block District 4 Lark Lane, Fieldcrest Addn. District 5 South Broadway, 3700 block District 3 Stearman Court, 4000 block District 3 Bluff, North of 21st District 1 Ridgewood, North of Pawnee District 3 Everett and Rita, near South Meridian District 4 Woodlawn, Central to 13th Street North District 2 Little River Bank Impr, North of Bitting Br. District 6 McCormick at Glen, Vine, Fern and Millwood District 6 Elizabeth and Irving District 6 Various other locations throughout the City are also candidates for this program and will be evaluated on an ongoing basis. Locations will be added as funds are available. The locations listed were selected due to the severity of the drainage problem and the impact on the public safety or travel in the area. The projects will be funded by cash payments from the Storm Water Utility (SWU) revenues. The total amount budgeted is $430,000. Funds for some of the 1995 program projects (i.e., 35th and Seneca, Douglas and Bleckley, Meridian at Casado Ct.) were encumbered for the construction costs only. The engineering and inspection costs need to be transferred from the 1995 projects' remaining funds of $41,100 to the 1996 Hot Spot Program rather than allowing them to roll over to the SWU cash reserves. Some of the projects' construction bids came in under budget, and the remaining funds of $46,615 could be used for additional 1996 projects if the remaining funds are transferred to the 1996 budget. A Budget Adjustment transferring these funds increases the 1996 Hot Spot Program Budget by $87,715. Motion -- Kamen moved that the 1996 Hot Spot Program Projects and the Budget Adjustment be -- carried approved. Motion carried 5 to 0. (Ferris, Knight; absent) KELLOGG AND MAIN LANDSCAPING AND SITE PREPARATION FOR ART WORK AT KELLOGG AND MAIN. (District VI) Agenda Report No. 96-048. On April 20, 1993, the City Council approved funding for Kellogg from Sycamore to Emporia (Ordinance No. 42- 067). This project is included in the Capital Improvement Program (CIP #F-30). On August 8, 1995, the City Council approved a contract with Robert Roesch, artist, for the design and installation of a "Gateway to the City" at Kellogg and Main. On November 14, 1995, the Staff Screening and Selection Committee selected Mid-Kansas Engineering Consultants, Inc. (MKEC) to design landscaping and site preparation to accommodate the proposed art work. MKEC along with subconsultants Goessen Livingston Associates, Landscape Architects, and Stefan Voegeli, Electrical Engineers, will work with the artist to finalize the design and prepare construction plans based on the approved concept. This project will include designing foundations for the art work, irrigation, sidewalk and aesthetic lighting. It also includes designing the landscaping for a strip of land approximately 25' wide on the south side of Kellogg between Main and the hotel located at the southwest corner of Kellogg and Broadway. Payment to MKEC will be made on a cost plus percentage of cost basis not to exceed $35,000. $600,000 in expenditure authority remains in the project budget. $150,000 will be paid to the artist leaving $450,000 for the design and construction of landscaping and site preparation work. The funding source is Local Sales Tax. Motion -- Kamen moved that the Design Project and Agreement be approved and the Mayor be -- carried authorized to execute. Motion carried 5 to 0. (Ferris, Knight; absent) SOLID WASTE CONSULTANT AGREEMENT FOR SOLID WASTE CONSULTANT SERVICES. (All Districts) Agenda Report No. 96-049. On October 10, 1995, the City Council authorized staff to solicit proposals for consulting services for solid waste management. The Staff Screening and Selection Committee reviewed nine expressions of interest from potential consultants and recommended four to be interviewed. A special committee (including Tom Winters, Sedgwick County Commissioner; David Spears, County Engineer; Kay Johnson, Chairperson of the Chamber of Commerce Environmental Committee; and Sheldon Kamen, City Council Member) interviewed the four firms and recommended Burns and McDonnell Waste Consultants, Inc. The Agreement is structured to allow flexibility in the specific services the Consultant will provide. Unit based fees are provided. The fee structure provides for a reduced rate after a stated dollar amount is reached. The Agreement provides a not-to-exceed amount of $100,000. Funds to pay the cost of this Agreement are available in the Environmental Management Trust Fund. Motion -- Kamen moved that funding the cost from the Environmental Management Trust Fund and the Agreement be approved and the Mayor be authorized to sign the Agreement; and staff be authorized to transfer funds from Contingency to Contractuals in the -- carried Environmental Management Trust Fund. Motion carried 5 to 0. (Ferris, Knight; absent) AGREEMENTS AGREEMENT FOR DESIGN SERVICES FOR WINDWOOD ADDITION. (District V) Agenda Report No. 96-050. The City Council approved the Windwood Addition development on November 21, 1995. The proposed Agreement between the City and Mid-Kansas Engineering Consultants, Inc. (MKEC) provides for the design of Lateral 360, Southwest Interceptor Sewer; Storm Water Sewer No. 468; Water Distribution System No. 448-88957; and paving Westport, Skyview, Lark Circle, Lark Court and Lark (south of 21st, west of Maize). Because MKEC provided subdivision engineering services for this addition, it can expedite construction plan preparation. Payment will be on a lump-sum basis not to exceed $42,970 and will be paid by Special Assessments. Motion -- Kamen moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 5 to 0. (Ferris, Knight; absent) CONSTRUCTION AGREEMENT FOR BICYCLE PATH ALONG GYPSUM CREEK FROM DOUGLAS TO CESSNA PARK. (District II) Agenda Report No. 96-051. On September 21, 1993, the City Council approved construction of a bicycle path adjacent to Gypsum Creek from Douglas Road to Cessna Park. This project is included in the Capital Improvement Program (CIP #P-9303). The project was approved in 1993 for Transportation Enhancement Program funding under the Federal ISTEA Program. An agreement between the City and the Kansas Department of Transportation (KDOT) for the City to administer the project and KDOT to administer the Federal Funding has been prepared. KDOT will reimburse the City for 80% of the cost for construction and construction engineering. The project budget is $410,000 with $328,000 to be paid by Federal Funds and $173,000 to be paid by General Obligation Bonds (Resolution No. R-93-375) Motion -- Kamen moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 5 to 0. (Ferris, Knight; absent) CONSTRUCTION AGREEMENT FOR LANDSCAPING THE INTERSECTION OF KELLOGG/WEST STREET. Agenda Report No. 96-052. On December 13, 1994, the City Council approved landscaping the intersection of Kellogg/West Street. This project is included in the Capital Improvement Program (CIP #F-27). The project was approved in 1993 for Transportation Enhancement Program funding under the Federal ISTEA Program. KDOT will reimburse the City for 80% of the cost for construction and construction engineering. The project budget is $700,000 with $545,000 to be paid by Federal Funds and $155,000 to be paid by Local Sales Tax funding authorized by Ordinance No. 42-585. Motion -- Kamen moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 5 to 0. (Ferris, Knight; absent) SUPPLEMENTAL AGREEMENT FOR SOUTH SENECA DRAINAGE OUTFALL. (District IV) Agenda Report No. 96-053. On August 31, 1993, the City Council approved an agreement with Mid-Kansas Engineering Consultants, Inc. (MKEC) to design South Seneca Drainage Outfall. The 1995 heavy rains resulted in public controversy over the project. MKEC was required to prepare additional displays and make additional presentations. Payment to MKEC will be made on a cost plus percentage of cost basis not to exceed $7,500 and will be paid from funds available in the project budget. The funding source is Storm Water Utility. Motion -- Kamen moved that the Supp. Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 5 to 0. (Ferris, Knight; absent) REVISIONS TO RAILROAD SIGNALIZATION AGREEMENT. (District III) Agenda Report No. 96-054. On August 9, 1994, the City Council approved an agreement to improve the railroad signal protection at the crossing on Pawnee at Mead. The Union Pacific Railroad has recently begun these improvements and has requested a revision in the method of payment for the installation. The revised agreement changes the method of payment to allow an interim payment to Union Pacific for materials delivered to the site from a lump sum upon completion of the project. The payment is from the Kansas Department of Transportation (KDOT) to the Missouri Pacific Railroad. Because the financial responsibility of the City for this project is limited to the expense of advance warning signs and pavement markings the railroads' request does not affect the City in any way. Motion -- Kamen moved that the Agreement Amendment be approved and the Mayor be authorized -- carried to execute. Motion carried 5 to 0. (Ferris, Knight; absent) FOULSTON & SIEFKIN SUPPLEMENTAL CONTRACT FOR PROFESSIONAL SERVICES - FOULSTON & SIEFKIN. Agenda Report No. 96-055. A lawsuit was filed in U.S. District Court for the District of Kansas captioned Aaron, et al. v. City of Wichita, Case No. 90-1536-PFK. The City retained Special Counsel to represent its interests and to render legal services related thereto. The amount of the previous supplemental contract has been reached making it necessary for another supplemental contract. Costs have exceeded the contract amount. This contract is needed to cover outstanding billings and those reasonably expected in the near future. The contract provides for an amount not to exceed twenty-five thousand dollars. Previous funding for this contract was taken from the City Manager's Contingency Fund (Index Code 021014). This appears to be the most viable option for funding and it is suggested that the same fund be utilized for this supplemental contract. Motion -- Kamen moved that the Supp. Agreement be approved and the Mayor be authorized -- carried to execute. Motion carried 5 to 0. (Ferris, Knight; absent) WATER TREATMENT PLANT WATER TREATMENT PLANT IMPROVEMENTS - PHASE IIB - CHANGE ORDER NO. 10. Agenda Report No. 96-056. The City entered into a contract with Dondlinger and Sons Construction Co. on January 19, 1993 to do the construction work at the Water Treatment Plant. The original contract amount for this project was $17,607,600. The Council has approved 9 previous Change Orders, which have increased the project by a total $2,688,810. The oldest portions of the treatment plant were built in 1940, and the newest parts of the plant were built in 1957. Therefore, even with careful planning, a project of this magnitude may find conditions, after the project is started, that were not apparent during the design of the project, or that were overlooked when the plans were prepared. This Change Order includes fifteen (15) items that are related to work already approved by Council, but were unforeseen at that time. These items include: 1. A deduction of $15,457 for computer instrumentation and hardware that was not needed for this project. 2. $1,525 to relocate 14 new turbidity meters so that they could be maintained better. 3. $2,654 for an additional exhaust flume in the laboratory to service a new laboratory instrument that was purchased after the start of this project. 4. $962 for instrumentation to monitor the hydroelectric plant. 5. $2,732 to install conduit to connect various laboratory instruments to the new laboratory information management computer. 6. $4,927 to install larger feed lines in the ammonia loading system to assist in filling the new ammonia tanks. (Note: This cost split 50%-50% with design engineer because a design oversight contributed to need for this modification.) 7. $8,798 for additional preparation work needed to paint a portion of the ceiling in the filter gallery. This was work beyond the original scope of the specifications. 8. $2,181 to tie more lines from the laboratory into the sanitary sewer system. These lines were not found until after work began on this project. 9. $565 to install additional tile in the laboratory to allow all the tile to match. 10. $248 to relocate the new thermostats in the laboratory so that they could better regulate the room temperatures in the laboratory. 11. $4,995 for additional electronic transmitters required to make the automatic filter backwash system function. 12. $4,341 to provide additional fire proofing in two of the manholes on the electrical supply system. 13. $1,455 to install additional electrical conduits to make all of the sludge density meters function properly in the sludge handling facility. 14. $4,200 to install an additional stairway and sidewalk to improve access to the new sludge pump station located east of the Central plant basins. There are also two potential items that may be included in an "final" Change Order that have not been fully resolved by the engineer, the contractor and the City. They are: 1. $12,099 for additional programming for the plant's computer system to include monitoring and control two chemical feed systems (lime and polymer) that had been overlooked in the original specifications. 2. $2,414 to replace some electrical conduit used to control some of the local water supply wells. Approval of Change Order No. 10 will increase the total contract price by $24,126, and will result in a total revised contract price of $20,320,536. Funding for this project is included in W-115, as well as from W-503, W-504 and W-505, which have a total available funding of $22,010,000. The work included in Change Order No. 3, which was for $2,311,340, is somewhat different than the work included in the original plans, so staff is tracking the costs, and funding the work, of that Change Order separately from the rest of the Phase IIB project. This Change Order is 0.1% of the original contract amount, and the total of all Changes Orders (except No. 3) is 2.2% higher than the original contract price, for a total cost of $18,002,998. The total of all ten Change Orders is 15.4% higher than the original contract price. Motion -- Kamen moved that Change Order No. 10 with Dondlinger and Sons Construction Co. for an increase in the contract amount of $24,126 be approved and the Mayor be -- carried authorized to sign. LIQUOR TAX CONTRACTS 1996 SPECIAL LIQUOR TAX FUND CONTRACTS. a. Tiyospaye, Inc., Pueblo Program for Alcohol and Substance Abuse. b. DCCCA Women's Recovery Center of Central Kansas. Agenda Report No. 96-057. The Contract with Tiyospaye, Inc., Pueblo Program for Alcohol and Substance Abuse (PPASA), in the amount of $12,000, will partially fund an outpatient substance abuse program for Hispanic people with limited English speaking ability and their immediate family members who have inadequate resources to secure the services for themselves. The Contract with DCCCA Women's Recovery Center of Central Kansas, in the amount of $9,500, will partially fund a family therapist for the licensed reintegration substance abuse treatment program for women with independent children. The therapist provides substance abuse family counseling through support ;and guidance, education and training in parenting skills through direct service delivery, referral, and follow-up. c. Sedgwick County Department of Mental Health Addiction Treatment Services. d. Sedgwick County Department of Mental Health Women's Alcoholism Treatment Services. e. Youth Development Services, Inc. Agenda Report No. 96-058. The Contract with Sedgwick County Department of Mental Health Addition Treatment Services (ATS), in the amount of $50,100, will partially fund an outpatient substance abuse program for low income citizens who have inadequate resources to secure these services for themselves and a special ethnic specific component to address the needs of African Americans. The Contract with Sedgwick County Department of Mental Health's Women's Alcoholism Treatment Services, in the amount of $20,020, will partially fund an outpatient substance abuse treatment program to meet the needs of chemically addicted women and their families. The contract with Youth Development Services, Inc. (YDS), in the amount of $19,980, will partially fund a youth substance abuse support, prevention/education and motivational program. Motion -- Kamen moved that the Contracts be approved and the Mayor be authorized to -- carried execute. Motion carried 5 to 0. (Ferris, Knight; absent) CONDEMNATIONS RESOLUTION SETTING HEARING FOR DANGEROUS AND UNSAFE STRUCTURES. Agenda Report No. 96-059. On November 15, 1995, and December 8, 1995, the Board of Code Standards (BCSA) held a hearing on the following two (2) properties. These properties are considered dangerous and unsafe structures, and are being presented to schedule a condemnation hearing before the Governing Body. Improvement notices have been issued on these structures, however, compliance has not been achieved. Pre- condemnation and formal condemnation letters were issued and the time granted has expired. No action has been taken to repair or remove the following properties. Property Address Council District (1) 317 S. Dodge 6 (2) 1041 N. Spruce 1 These structures have defects that under Ordinance No. 28-251 of the Code of the City of Wichita, shall cause them to be deemed as dangerous and unsafe buildings, as required by State Statute for condemnation and consideration. Motion -- Kamen moved that the Resolutions placing this matter on the agenda for a Hearing before the Governing Body on March 5, 1996, at 11:00 a.m., be adopted. Motion -- carried carried 5 to 0. (Ferris, Knight; absent) RESOLUTION NO. R-96- 013 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lot 19, Dodge Avenue in Lawrence's Second Addition to West Wichita, Sedgwick County, Kansas, known as 317 South Dodge in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Kamen moved that the Resolution be adopted. Motion carried 5 to 0. (Ferris, Knight; absent) Yeas: Cather, Cole, Gale, Kamen, Rogers. RESOLUTION NO. R-96- 014 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lots 9 and 11, Penn Avenue, now Spruce, Solomon's Second Addition to Wichita, Sedgwick County, Kansas, known as 1041 North Spruce in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Kamen moved that the Resolution be adopted. Motion carried 5 to 0. (Ferris, Knight; absent) Yeas: Cather, Cole, Gale, Kamen, Rogers. STREET LIGHTING A RESOLUTION AUTHORIZING AND DIRECTING KANSAS GAS AND ELECTRIC, A WESTERN RESOLUTION RESOURCES COMPANY, TO INSTALL AND/OR CHANGE CERTAIN STREET LIGHTS IN THE CITY OF WICHITA, KANSAS. #1-96 Motion -- carried Kamen moved that the Resolution be adopted. Motion carried 5 to 0. (Ferris, Knight; absent) RESOLUTION NO. R-96- 027 A Resolution Authorizing and Directing Kansas Gas and Electric, a Western Resources Company, to Install and/or Change Certain Street Lights in the City of Wichita, Kansas, presented. Kamen moved that the Resolution be adopted. Motion carried 5 to 0. (Ferris, Knight; absent) Yeas: Cather, Cole, Gale, Kamen, Rogers. #1-96 ORDINANCES SECOND READING ORDINANCES. (First Reading 1/9/96) ORDINANCE NO. 42-981 A-95-9 An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, read for the second time. Kamen moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Ferris, Knight; absent) Yeas: Cather, Cole, Gale, Kamen, Rogers. A-95-9. ORDINANCE NO. 42-984 29th Street North An Ordinance declaring 29th Street North from Amidon to Arkansas (472-82647) 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. Kamen moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Ferris, Knight; absent) Yeas: Cather, Cole, Gale, Kamen, Rogers. ORDINANCE NO. 42-985 Intersection Impr. An Ordinance declaring Harry and Edgemoor, Harry and West, Lincoln and Woodlawn, 47th and Emporia, Second/Third & Broadway, 13th and Waco, 13th and Broadway, and Lincoln and Edgemoor (1996 Intersection Reconstruction Program) 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. Kamen moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Ferris, Knight; absent) Yeas: Cather, Cole, Gale, Kamen, Rogers. ORDINANCE NO. 42-986 Parking Enforcement An Ordinance authorizing the City Manager to appoint special officers for the purpose of issuing parking citations or complaints for violations of City ordinances regulating parking in City parking garages and parking lots, read for the second time. Kamen moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Ferris, Knight; absent) Yeas: Cather, Cole, Gale, Kamen, Rogers. ORDINANCE NO. 42-987 Z-3185 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. Kamen moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 1. Yeas: Cole, Gale, Kamen, Rogers. Nays: Cather. Z-3185. ORDINANCE NO. 42-988 Z-3188 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. Kamen moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Ferris, Knight; absent) Yeas: Cather, Cole, Gale, Kamen, Rogers. Z-3188. PLANNING AGENDA Council Member Ferris present. Marvin Krout Director of Planning stated that all Items could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Kamen moved that Planning Agenda be approved as consensus Items. Motion carried -- carried 6 to 0. (Knight absent) D-1698 D-1698 - DEDICATION OF A UTILITY EASEMENT IN AN AREA WEST OF MERIDIAN AND NORTH OF 10TH STREET NORTH. Agenda Report No. 96-060. MAPC Recommendation: Accept the dedication. As a requirement of a lot split (L/S-0910), additional utility easement was obtained in order to bring an existing 16-foot wide easement up to the present standard of 20- foot. The dedication has been reviewed and approved by the Planning Commission. Motion -- Kamen moved that the easement be received and filed and recorded with the -- carried Register of Deeds. Motion carried 6 to 0. (Knight absent) S/D 95-60 S/D 95-60 - PLAT OF THE HICKORY CREEK ESTATES ADDITION LOCATED SOUTH OF 13TH STREET NORTH AND WEST OF 119TH STREET WEST. (District V) Agenda Report No. 96-061. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. Petitions, all 100%, have been submitted for sanitary sewer, municipal water, drainage, and paving improvements. A Certificate of Petitions has also been submitted. In order to provide for the ownership and maintenance of Reserves, the applicant has submitted a restrictive covenant. To provide for off-street parking, for lots adjacent to narrow streets, a covenant has also been submitted requiring that four (4) off-street spaces be provided for each such lot. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Water 100 Percent Petition for construction of Water Distribution System Number 448-88980 (south of 13th, west of 119th Street West) $74,000 S.A., $12,000 Water Utility Reserves - Unidentified Water Mains (Hold for development) Water 100 Percent Petition for construction of Water Distribution System Number 448-88981 (south of 13th, west of 119th Street West) $110,000 S.A. (Hold for development) Water 100 Percent Petition for construction of Water Distribution System Number 448-88982 (south of 13th, west of 119th Street West) $149,000 S.A. (Hold for development) Sewer 100 Percent Petition for construction of Main 18, Southwest Interceptor Sewer (south of 13th, west of 119th Street West) Project No. 468-82560 ($120,000 S.A.) (Hold for development) Sewer 100 Percent Petition for 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) Project No. 468-82561 ($106,000 S.A.) (Hold for development) Sewer 100 Percent Petition for construction of Lateral 1, Main 18, Southwest Interceptor Sewer (south of 13th, west of 119th Street West) Project No. 468-82562 ($307,000 S.A.) (Hold for development) Sewer 100 Percent Petition for construction of Lateral 2, Main 18, Southwest Interceptor Sewer (south of 13th, west of 119th Street West) Project No. 468-82563 ($215,000 S.A.) (Hold for development) Storm Water Drain 100 Percent Petition for construction of Storm Water Drain No. 117 (south of 13th, west of 119th Street West) Project No. 468- 82564 ($243,000 S.A.) (Hold for development) Paving 100 Percent Petition for improving of Hickory Creek Estates (south of 13th, west of 119th Street West) Project No. 472-82676 ($625,000 S.A.) (Hold for development) Paving 100 Percent Petition for improving of Hickory Creek and Courts, Harvest Lane and Courts, and Alderny and Court (south of 13th, west of 119th Street West) Project No. 472-82677 ($993,000 S.A.) (Hold for development) Documents Certificate of Petitions and Restrictive Covenant from Heather Creek, LLC. Motion -- Kamen moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 6 to 0. (Knight absent) RESOLUTION NO. R-96- 017 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-88980 (south of 13th, west of 119th Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Kamen moved that the Resolution be adopted. Motion carried 6 to 0. (Knight absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers. RESOLUTION NO. R-96- 018 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-88981 (south of 13th, west of 119th Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Kamen moved that the Resolution be adopted. Motion carried 6 to 0. (Knight absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers. RESOLUTION NO. R-96- 019 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-88982 (south of 13th, west of 119th Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Kamen moved that the Resolution be adopted. Motion carried 6 to 0. (Knight absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers. RESOLUTION NO. R-96- 020 Resolution of findings of advisability and Resolution authorizing construction of Main 18, Southwest Interceptor Sewer (south of 13th, west of 119th Street West) Project No. 468-82560 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 6 to 0. (Knight absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers. RESOLUTION NO. R-96- 021 Resolution of findings of advisability and Resolution authorizing 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) Project No. 468-82561 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 6 to 0. (Knight absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers. RESOLUTION NO. R-96- 022 Resolution of findings of advisability and Resolution authorizing construction of Lateral 1, Main 18, Southwest Interceptor Sewer (south of 13th, west of 119th Street West) Project No. 468-82562 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 6 to 0. (Knight absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers. RESOLUTION NO. R-96- 023 Resolution of findings of advisability and Resolution authorizing construction of Lateral 2, Main 18, Southwest Interceptor Sewer (south of 13th, west of 119th Street West) Project No. 468-82563 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 6 to 0. (Knight absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers. RESOLUTION NO. R-96- 024 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Drain No. 117 (south of 13th, west of 119th Street West) Project No. 468-82564 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 6 to 0. (Knight absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers. RESOLUTION NO. R-96- 025 Resolution of findings of advisability and Resolution authorizing improving of Hickory Creek from the north line of the plat to the south line of Lot 41, Block 2; Hickory Creek Court (Lots 4-18, Block 1) from the easterly line of Hickory Creek to and including the cul-de-sac; Hickory Creek Court (Lots 19-24, Block 1) from the south line of Hickory Creek to and including the cul-de-sac; Hickory Creek Court (Lots 1-9, Block 2) from the westerly line of Hickory Creek to and including the cul-de-sac; Hickory Creek Court (Lots 27-36, Block 2) from the west line of Hickory Creek to and including the cul- de-sac; Hickory Creek Court (Lots 37-40, Block 2) from the westerly line of Hickory Creek to and including the cul-de-sac; and Hickory Creek Court (Lots ll1-9, Block 3) from the easterly line of Hickory Creek to and including the cul-de-sac; 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", Project No. 472-82676 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 6 to 0. (Knight absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers. RESOLUTION NO. R-96- 026 Resolution of findings of advisability and Resolution authorizing improving of Hickory Creek from the south line of Lot 41, Block 2, to the south line of Lot 51, Block 2; Harvest Lane from the south line of Lot 51, Block 2, to the east line of the plat; Alderny from the northeast line of Hickory Creek to the north line of Harvest Lane; Harvest Lane from the west line of Harvest Lane to the west line of the plat; Alderny Court from the south line of Alderny to and including the cul- de-sac; Hickory Creek Court (Lots 12-26, Block 2) from the north line of Hickory Creek to and including the cul-de-sac; Hickory Creek Court (Lots 44-47, Block 2) from the west line of Hickory Creek to and including the cul-de-sac; Harvest Lane (Lots 53-57, Block 2) from the north line of Harvest Lane to and including the cul-de-sac; Harvest Lane Court (Lots 1-5, Block 7) from the south line of Harvest Lane to and including the cul-de-sac; Harvest Lane Court (Lots 6-14, Block 7) from the south line of Harvest Lane to and including the cul-de-sac; Harvest Lane Court (Lots 15-21, Block 7) from the south line of Harvest Lane to and including the cul-de-sac; Harvest Lane Court (Lots 22-28, Block 7) from the south line of Harvest Lane to and including the cul- de-sac; 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", Project No. 472-82677 (south of 13th, west of 119th Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Kamen moved that the Resolution be adopted. Motion carried 6 to 0. (Knight absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers. S/D 95-83 S/D 95-83 - PLAT OF THE WINDMILL ESTATES SECOND ADDITION LOCATED SOUTH OF 29TH STREET NORTH AND WEST OF 151ST STREET WEST. Agenda Report No. 96-062. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. This site is in the County and has been approved by the Health Department for the use of on-site sanitary sewer and water facilities. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Motion -- Kamen moved that the plat be approved as recommended and the Mayor be -- carried authorized to sign. Motion carried 6 to 0. (Knight absent) A 96-1 A 96-1 - REQUEST FOR ANNEXATION OF PROPERTIES GENERALLY LOCATED NORTH OF 49TH STREET NORTH, EAST OF THE LITTLE ARKANSAS RIVER, SOUTH OF 61ST STREET NORTH, AND WEST OF THE A.T.S.F. RAILROAD. Agenda Report No. 95-063. With the receipt of over 300 requests, the City of Wichita began annexing properties north of the city limits in 1993, in an area known as Riverview. Since then, many more property owners have requested to be annexed to Wichita primarily due to Park City's interest in annexing a part of the Riverview area. Because the response in favor of annexation to Wichita has been so great, the City Council adopted Resolution No. R-95-576 to request the Board of County Commissioners to make a finding, as required under subsection (a) (3) of 12-520c, to allow Wichita to "island" annex 425 properties. The Board of County Commissioners made such findings on January 17, 1996, and concluded that the annexation of such land will not hinder or prevent the proper growth and development of the area or that of any other incorporated city located within such county. Four hundred-twenty-five property owners have requested that property under their ownership be annexed into the City of Wichita. This request is scheduled for consideration by the Wichita City Council during the January 23, 1996 Council meeting. These platted and unplatted tracts of land equal approximately 349.48 acres. The properties are located north of 49th Street North, east of the Little Arkansas River, south of 61st Street North, and west of the A.T.S.F. Railroad. Since December 22nd, 1995 (when 425 petitions were received) additional requests have been submitted to the department. Staff will be working on a unilateral action to include all property north of 49th Street North, east of the Little Arkansas River, south of 61st Street North, and west of the A.T.S.F. Railroad. Any road improvements and maintenance in this area will still be the responsibility of Kechi Township until the unilateral annexation takes place and is complete in early 1996. The properties are zoned "R1" suburban residential district; "LC" light commercial; "E" light industrial; and "C" general commercial under the Sedgwick County Zoning Resolution. Upon annexation, the County "R1" suburban residential district will convert to the "AA" one family dwelling district and "C" general commercial will convert to "C" commercial under the City Zoning code. The "LC" light commercial and the "E" light industrial will remain the same. The conversion from County to City zoning accommodates the current uses of the properties. The City Engineer's office indicates that there is no Wichita sewer or water service available in the immediate area. A few of the parcels are served with water from Park City. Generally, the City Water Department has extended mains to unserved areas when a majority of the residents petition to have them extended. The extension is financed based on existing City Policy 2, whereby main extension costs are shared with the rate payers-at-large and lateral costs are borne 100% by the property owners. There is a nearby oversized water line which will be extended north on Meridian to 51st Street North and east to the river to serve the Salvation Army Camp. Sewer service can be provided through the extension of Wichita sewer mains from the south. At this time, sewer and water service are not being requested. Public Works Maintenance has inventoried the streets within the area since they would eventually be annexed. Of the 35 streets inventoried, all but six are asphalt mat in fair condition. 53rd Street North is the only improved street with curb and gutter and is in good condition. There are five dirt streets within the proposed annexation area. Although eleven of the streets were slurry sealed in 1995, additional repairs will be necessary to those streets due to insufficient preparatory work. Public Works Maintenance estimates that $200,000 will be needed for repair of all the inventoried streets within three years of annexation. None of the streets in the proposed annexation area are scheduled to be upgraded in the City's Capital Improvements Program (CIP). Improvement of local streets to full standard, with permanent paving, curbs and drainage could be done in response to a majority petition, with 100% of the cost of local street improvements borne by abutting properties through benefit assessment. Such upgrading to full street standards is not sought at present. Fire protection can be provided to the area within a 8-10 minute response time from City Fire Station No. 3, located at 3261 N. Broadway. However, as part of the 1st responder agreement, County Fire Station No.32, located at 501 E. 53rd Street North, can reach the area in a 3-5 minute response time. Upon annexation, police protection will be provided to the requested annexation area by the officers and equipment of the Patrol West Division of the Wichita Police Department serving the western portion of the City. The Comprehensive Plan, as amended by the Metropolitan Area Planning Commission in 1995, does not show Riverview as being within the growth area of any particular incorporated city, and designates the area as "Low Density Residential" because of the existing development pattern. This designation provides for the lowest density of urban residential land use and consists of traditional, single-family detached homes, zero lot line units and cluster subdivisions, as well as schools, churches, and similar uses found in such areas. Policy 32 does show part of this area to be within the identified urban service area, but, as stated in the policy, that designation is not an obligation to provide service -- instead it is an indication of the city's ability to serve the area in the future. The property is located within an area that can be served with the extension of water and sewer services. The property owners will be responsible for the cost of connecting to water and sewer when the service is requested. As noted in the staff report for A 94-4 (the annexation of properties south of 49th Street North), annexation of these properties and subsequent annexations in this area will likely generate more service costs than revenues. The findings in the 1993 Annexation Strategy report, which looked at an area extending north to 53rd Street North and west to Meridian, indicate that there would be a net deficit of a quarter million dollars (for operating, maintenance and debt service) per year to the general fund. This analysis assumed that the annexation of this area will eventually result in the need to build and operate a new fire station in this part of the city, and assigns 25% of the cost to this area. Furthermore, if the City-at-large costs of extending water and sewer mains to this area (estimated by the Water Department at $2.7 million) are added, the overall annual deficit could exceed a half million dollars during the term of debt service for those improvements. The report points out that low density residential areas with moderate housing values and which require the extension of public services generally pay less than "their own way." The properties are eligible for annexation under K.S.A. 12-520c. Motion -- Knight moved that the annexation request be approved; the Declaration of Emergency be approved and the Mayor be authorized to sign; and the Ordinance be placed on its passage and adopted on the date of its introduction, all in -- carried accordance with K.S.A. 12-3001. Motion carried 6 to 0. (Knight absent) ORDINANCE NO. 42-982 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. Kamen moved that the Ordinance be placed on its passage and adopted on the date of its introduction, all in accordance with K.S.A. 12-3001. A 96-1. Motion carried 6 to 0. (Knight absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers. A 96-2 A96-2 - REQUEST FOR ANNEXATION OF PROPERTIES ADJOINING THE CITY GENERALLY LOCATED NORTH OF 49TH STREET NORTH, BOTH EAST AND WEST OF ARKANSAS AVENUE, AND SOUTH OF 53RD STREET NORTH. Agenda Report No. 96-064. Fifteen property owners have requested that properties under their ownership be annexed into the City of Wichita. This request is scheduled for consideration by the Wichita City Council during the January 23, 1996 City Council meeting. The tracts of land total approximately 93.5 acres in size. The properties are zoned "R1" suburban residential district under the Sedgwick County Zoning Resolution. Upon annexation, the County "R1" suburban residential district will convert to the "AA" one family dwelling district under the City Zoning code. The conversion from County to City zoning will accommodate the current uses of the properties. The City Engineer indicates that there is no Wichita sewer nor water service available in the immediate area. Generally, the City Water Department extends mains when a majority of the residents petition to have them extended. The extension is financed, based on City Policy 2, whereby main extension costs are shared with the rate payers-at-large and lateral costs are borne 100% by the property owners. A nearby oversized water line will be extended north on Meridian to 51st Street and then east to the river. Sewer service can be provided through the extension of Wichita sewer mains from the south. At this time sewer or water service are not being requested. The Wichita Fire Department indicates fire protection can be extended to these properties within a 8 minute response time from City Fire Station No. 3, located at 3261 N. Broadway. However, as part of the 1st responder agreement, the County Fire Station No.32, located at 501 E. 53rd Street North, can reach the area in a 4 minute response time. One of the major streets serving this area which will be included in the annexation is 49th Street North. This is a partial dirt road in the vicinity of Bison to Sullivan. This street is not scheduled to be upgraded in the City's Capital Improvements Program (CIP). Improvement of local streets to full standard, with permanent paving, curbs and drainage could be done in response to a majority petition, with 100% of the cost of local street improvements borne by abutting properties through benefit assessment. Such upgrading to full street standards is not sought at present. Upon annexation, police protection will be provided to the requested annexation area by the officers and equipment of the Patrol West Division of the Wichita Police Department serving the western portion of the City. These properties are located outside the current urban growth area of the City of Wichita as delineated in various elements of the comprehensive plan for the metropolitan area but the growth area was expanded in early 1995 by the MAPC to include these parcels as part of the revised Comprehensive Plan. The properties are, however, inside the Policy 32 urban service area. The property is located within an area that can be served with the extension of water and sewer services. The property owner will be responsible for the cost of connecting to water and sewer when the service is requested. On the basis of the foregoing information, it is concluded that the annexation of these properties in question will not result in an extraordinary expense to the City-at- large. The properties are eligible for annexation under K.S.A. 12-520 (7) of State Law. Motion -- Knight moved that the annexation request be approved; the Declaration of Emergency be approved and the Mayor be authorized to sign; and the Ordinance be placed on its passage and adopted on the date of its introduction, all in -- carried accordance with K.S.A. 12-3001. Motion carried 6 to 0. (Knight absent) ORDINANCE NO. 42-983 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. Kamen moved that the Ordinance be placed on its passage and adopted on the date of its introduction, all in accordance with K.S.A. 12-3001. Motion carried 6 to 0. (Knight absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers. EXECUTIVE SESSION Motion -- Kamen moved that the Council recess to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to potential litigation, legal advice, and contract negotiations; and preliminary discussions relating to the acquisition of real property for public purposes; and the regular meeting be resumed at approximately 11:40 a.m. in the -- carried City Council Chambers. Motion carried 6 to 0. (Knight absent) RECESS Council recessed at 10:52 a.m. and reconvened in regular session at 11:50 a.m. Vice Mayor Kamen Vice Mayor Kamen announced that no action was necessary as a result of the executive session. ADJOURNMENT The City Council meeting adjourned at 11:50 a.m. Pat Burnett Deputy City Clerk COUNCIL PROCEEDINGS JOURNAL 160 JANUARY 23, 1996 Page