MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, April 8, 1997 Tuesday, 9:15 A.M. The City Council met in regular session with Vice Mayor Cather in the Chair. Council Members Cole, Ferris, Gale, Kamen, Rogers; present. Mayor Knight absent. Chris Cherches, City Manager; Joe Lang, First Assistant City Attorney; Pat Burnett, City Clerk; present. The invocation was given by Rev. Lois Harder, Lorraine Avenue Mennonite. 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 April 1, 1997, were -- approved approved 6 to 0. (Knight absent) PUBLIC AGENDA LEE GRIFFTH COMMENTS BY LEE GRIFFITH. Lee Griffith, 2031 South Kansas, spoke regarding grant allotments for the homeless. Mr. Griffith said many who are not homeless are counted as homeless. Many who are called "homeless" are drawing Social Security and/or other pensions, receive other money, and have medical insurance. Mr. Griffith said he used to be homeless and that those who are homeless must have a desire to get off of the streets before they can be helped. Agencies should give a guiding hand and not try to do things for the homeless. Some are homeless because being homeless is easy. Some do not work because they do not want to pay taxes. Mr. Griffith stated that homeless shelters should not be funded with grant money. Council Member Kamen Council Member Kamen asked that the CDBG One-Year Action Plan be placed on the regular Agenda and not the Consent Agenda for final approval. UNFINISHED BUSINESS 29TH STREET N. IMPROVEMENTS TO 29TH STREET NORTH FROM AMIDON TO ARKANSAS. (District VI) Council Member Cole Council Member Cole said a meeting with the neighbors has been scheduled for Thursday, April 10th. Motion -- Cole moved that this Item be deferred until after the neighborhood meeting on April 10th; and that Staff place the matter back on the agenda when it is -- carried appropriate. Motion carried 6 to 0. (Knight absent) NEW BUSINESS REQUEST FOR STOP SIGNS REQUEST FOR STOP SIGNS AT OLD MANOR AND ENGLISH. (District II) Bill McKinley Traffic Engineer reviewed the Item. Agenda Report No. 97-303 On July 18, 1996, Dale Poe, 151 S. Old Manor, contacted the Traffic Engineering office to request stop signs on English at Old Manor to reduce speeding. An engineering study was initiated shortly after the request was received. The study included a visual observation of the intersection area to observe traffic flow and determine if there were any obstructions to motorists' vision. The study also included counting the traffic on both streets for a 24-hour period and reviewing past traffic accident data. The traffic study revealed the following: 1) The intersection had one obstruction to motorists' vision -- a tree which was trimmed on August 21, 1996. 2) Both streets carried a combined total of 364 vehicles per day entering the intersection from all four approaches, with a maximum of 37 vehicles entering during any one hour. 3) One accident was reported during the period from January 1992 through July 1996 (no accidents were reported in the remainder of 1996). No accidents have occurred at this location to date during 1997. Upon completion of the study, Mr. Poe was advised that stop signs were not justified. Mr. Poe appealed the Traffic Engineer's decision and ultimately contacted Council Member Kamen. After that contact, it was decided to present this matter to the Traffic Commission. On November 19, 1996, the matter was presented to the Traffic Commission. The Traffic Commission voted unanimously to recommend installation of stop signs. A speed zone survey taken after the Traffic Commission meeting revealed that the average speed on English was 23 m.p.h., with only 6% of the traffic exceeding the speed limit of 30 m.p.h. The maximum speed reported was less than 35 m.p.h. On February 4, 1997, the City Council approved a report on this intersection with the recommendation to take no action. On March 10, 1997, Dale J. Poe appeared before the City Council to comment on the intersection. None of the typical Traffic Engineering indicators (traffic volumes, accidents, intersection peculiarities) warrant the installation of stop signs. In addition, Traffic Engineering practice dictates that stop signs are not meant to control speeding and should not be used for that purpose. Instead, stop or yield signs are installed to assign right-of-way to control intersections that have a relatively large number of entering vehicles or that are experiencing accident problems which cannot be remedied by other means. The intersection of English and Old Manor simply does not possess any unusual characteristics that warrant the installation of stop signs. Stop signs should be used only where warranted because they cause a substantial inconvenience to motorists. On November 24, 1987, the City Council approved an ordinance pertaining to the Traffic Commission which restructured its responsibilities. Items which are technical in nature and involve issues of liability will generally fall outside the purview of the Traffic Commission. The responsibility for the design, placement, operation and maintenance of traffic control devices rests with the governmental body or official having jurisdiction. Traffic control devices placed and maintained by local officials are required by statute to conform to the Manual on Traffic Control Devices. Bill McKinley Traffic Engineer, responding to questions, said that when stop signs or yield signs are put in place, the tendency is for the speed to be increased on the streets without the signs. Mid street velocity speeds go up when both directions have stop signs. Vice Mayor Cather Vice Mayor Cather inquired if anyone wished to be heard. Dale Poe Dale Poe, 151 South Old Manor, said the residents in the 100 and 200 blocks of South Old Manor are asking for neighborhood empowerment. Up to this point, the only ground that has been cited for denial of the stop sign that is desired for protection of children and other pedestrians, is that "motorists do not want to be required to stop unnecessarily when sight distances and traffic volumes are such that full stops are not required." Using the the Traffic Engineer's figures, 364 vehicles enter the intersection each day from the four approaches and 6 percent of the traffic on English exceeded the speed limit of 30 MPH. If these figures are accepted as accurate, that means 133,000 vehicles go through the intersection in any given year and 8,000 of the vehicles are speeding. Responding to a question, Mr. Poe said the people, primarily, who drive down Old Manor live on Old Manor. The people who drive down English are trying to get around the Kellogg problem by going from Oliver to Edgemoor. Once vehicles get on English at Oliver and head east or get on English at Edgemoor and head west, there are no stops at all; therefore, vehicles speed on English. Stop signs are desired at all four corners at English and Old Manor but at least stop signs on both sides of English would be acceptable. Tim Sanders Tim Sanders, 236 South Old Manor, said he had experienced many misses and near misses. Mr. Sanders said he was present as a worried father who is concerned for his children and others in the area. James Thomas James thomas, 124 South Old Manor, said he lives in the area 24 hours a day and knows first-hand of the dangers. Jake Walter Jake Walter, 218 South Old Manor, spoke in favor of stop signs. Mr. Walter said his main concern is for the children. There have been many, many close calls. There is more foot traffic in this area than in any area Mr. Walter had ever seen. Joe Lang First Assistant City Attorney, responding to a question, said City liability arises if stop signs are installed contrary to the design as far as placement or color, etc., or if a stop sign is installed and is not maintained. Under the Kansas Tort Claims Act, this is a discretionary matter for which the City has immunity. The Traffic Manual neither prohibits nor requires stop sign at this location but, rather, gives guidance on where stop signs are located and how they are designed. The matter of placement becomes a discretionary matter and the City Council action on placing or not placing is protected from liability under the Kansas Tort Claims Act. Motion -- Kamen moved that two stop signs be placed on English for a six-month trial period; and, at the end of that period, a representative of the neighborhood (Mr. Poe) be contacted by the Traffic Engineer to see if it is desirable to continue with the stop signs; if it is desired by the neighborhood, the signs should be continued. Amendment -- Kamen amended the motion to add that the traffic and speed counts be evaluated in six months as a follow-up; and that if, after the traffic analysis, the Traffic Engineer believes that there is a problem, the Item would be returned to the City Council for re-approval. -- carried Motion, as amended, carried 6 to 0. (Knight absent) CONDEMNATIONS Repair or Removal of Dangerous & Unsafe Structures. NOTE: The hearings will be continued to April 15, 1997, at 11 a.m. (1) 638 N. Topeka District VI (2) 710 N. Mathewson District I (3) 1653 N. Minneapolis District I (4) 1657 N. Minneapolis District I (5) 328 W. Morris District VI Motion -- Cather moved that the hearings be continued to April 15, 1997, at 11 a.m. -- carried Motion carried 6 to 0. (Knight absent) CONSENT AGENDA Knight moved that the Consent Agenda be approved in accordance with the recommended action shown thereon. Motion carried 6 to 0. (Ferris absent) BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED APRIL 7,1997. At 10:00 a.m., Friday, April 4, 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 April 7, 1997) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS 1997 Contract Maintenance Preparatory Curb and Gutter Repair and Miscellaneous Concrete Repair Phase II at various locations. (132258/112000) Traffic to be maintained through construction. (Council approval date 03-04-97) (District all) Barkley Construction - $128,200.00 (Engineer's Construction Estimate) Water Distribution System to serve Forest Lakes Addition (north of 29th St North, west of Ridge). (448-88706/733592/470437) Does not affect existing traffic. (Council approval date 4-6-93) (District V) Mies Construction Co., Inc. - $27,680.00 Lateral 27, Main 1, Cowskin Interceptor Sewer to serve Lots 4 and 5, Block 1 in Wheatridge Addition (north of Kellogg, west of 119th St West). (468-82669/743039/480395) Does not affect existing traffic. (Council approval date 2-4-97) (District V) Ditch Diggers - $11,800.00 Water Distribution System to serve Belle Terre Second Addition (south of Central, east of 143rd St East). (448-88948/733667/470444) Does not affect existing traffic. (Council approval date 8-29-95) (District county) Nowak Construction - $25,191.50* Water Distribution System to serve Belle Terre Second Addition (south of Central, east of 143rd St East). (448-88949/733675/470445) Does not affect existing traffic. (Council approval date 8-29-95) (District county) Nowak Construction - $22,380.50* *Total Aggregate Bid - $47,572.00 Wild Rose to serve Forest Lakes Addition (north of 29th St North, west of Ridge). (472-82325/764167/490519) Does not affect existing traffic. (Council approval date 4-6-93) (District V) Ritchie Paving - $185,262.32 (Total L/S Alternate #1) Cather moved that the contracts be awarded as outlined above, subject to check, same being the lowest and best bids within the Engineer's construction estimate, and the Mayor be authorized to sign for the City. Motion carried 6 to 0. (Knight absent) PARK & RECREATION DEPARTMENT/LANDSCAPE & FORESTRY: NEW CURRENT MODEL 29,900 GVWR LINE TRUCK WITH AERIAL DEVICE(022004) AS PER SPECIFICATIONS Rusty Eck Ford - $79,990.42 (Total Net Bid) PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS: RENOVATION OF CENTURY II MEETING ROOMS (791283) AS PER SPECIFICATIONS Brecko Construction Co., Inc. - $134,000.00 (Total Net Bid) Cather moved that the contract(s) be awarded as outlined above, same being the lowest and best bid. Motion carried 6 to 0. (Knight absent) LICENSES APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1997 (Consumption on Premises) Mui Fong Yu Tam Tom's Lotus Garden*822 S. Broadway Kevin Raven Taco Tico* 8629 N. Irving Kevin Raven Taco Tico* 3425 E. Douglas Kevin Raven Taco Tico* 311 E. Pawnee Kevin Raven Taco Tico* 929 N. Broadway Kevin Raven Taco Tico* 3225 E. Harry Kevin Raven Taco Tico* 1118 W. Douglas Kevin Raven Taco Tico* 1303 N. Tyler (Consumption off Premises) John R. Leftwich C Mart #9157 1925 W. 21st St. New Establishment 1997 (Consumption on Premises) Andy Nguyen Chinese Restaurant* 403 N. Seneca (Cantonese Restaurant) Special Event Pat Audley Wichita River Festival- 5/9/97 & 5/10/97 Riverside Park South 551 W. Central Pat Audley Wichita River Festival- 5/12/97 & 5/13/97 Riverside Park South-551 W. Central *General Restaurant-Beer Sales derive less than 50% of gross revenues. Motion -- Cather moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 6 to 0. (Knight absent) PLANS AND SPECS. PLANS AND SPECIFICATIONS. a. 1997 Contract Maintenance Quickset Slurry Seal of Asphalt Streets, Phase I. Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 3-4-97) (District IV, V & VI) (131557) b. 1997 Contract Maintenance Arterial Concrete Reconstruction, Phase II. Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 3-4-97) (District I, II & III) (132357) c. Water Distribution System to serve Maple Lane Addition (south of Maple, east of Ridge. Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 7-2-96) (District V) (448-89058/733360/470414) d. Water Distribution System to serve Ivy Christine Addition (south of Maple, west of Hoover. Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 2-25-97) (District V) (448-89080/733683/470446) e. Group G Main Replacement Project along Indiana from Murdock to 13th Street, Ohio from Murdock to 10th Street, and 9th Street from Ohio to Cleveland (south of 13th, east of Ohio). Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 1-14-97) (District I) (448-89101/634717/544126) Motion -- Cather moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., April 18, 1997. Motion carried 6 to 0. (Knight absent) SUB. PLANS AND SPECS. SUBDIVISION PLANS AND SPECIFICATIONS Water Distribution System to serve Hickory Creek Estates Addition (south of 13th St North, west of 119th St West). (448- 89127/733741/470452) Does not affect existing traffic. (Council approval date 3- 18-97) (District 5) 31st Street North to serve Mediterranean Plaza (north of 29th Street North, west of Webb Road). (472-82803/764209/490523) Does not affect existing traffic. (Council approval date 3-25-97) (District 2) Storm Water Drain #124 to serve The Park Chateau (east of Maize, south of Pawnee). (468-82636/750927/485128) Does not affect existing traffic. (Council approval date 8-27-96) (District 5) Storm Water Sewer #480 to serve Brentwood Village Addition (south of Harry, east of Webb). (468-82667/750935/485129) Does not affect existing traffic. (Council approval date 2-25-97) (District 2) Motion -- Cather moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., April 18, 1997. Motion carried 7 to 0. PRELIMINARY EST. PRELIMINARY ESTIMATES. a. 1997 Contract Maintenance Preparatory Curb and Gutter Repair and Miscellaneous Concrete Repair Phase I at various locations - $141,940.00. Traffic to be maintained through construction. (Council approval date 03-04-97) (District all) (132258/112-000) b. 1997 Contract Maintenance Micro-Surface Seal of Arterial Asphalt Streets (various locations) - $144,423.00. Traffic to be maintained through construction. (Council approval date 3-4-97) (District all) (132274/112-000) c. 1997 Contract Maintenance Surface Milling and Asphalt Overlay of Arterial Streets, Phase I to serve Willow Bend Addition (Rock Road north of 37th Street North) - $222,000.00. Traffic to be maintained through construction. (Council approval date 3-4-97) (District all) (132282/112-000) d. Dump #9/Meridian Park (21st & Meridian) - $244,200.00. Does not affect existing traffic. (Council approval date 6-11-96) (District V) (136-002) e. Rock Road, 43rd to 45th Streets North (Rock & 45th Street North) - $137,000.00. Street to be closed during the construction. Temporary access coordinated with the adjacent properties shall be approved by the Construction Engineer. (Council approval date 9-10-96) (District II) (472- 82700/706465/405-200) f. Water Distribution System to serve Rocky Creek Addition (north of 13th, east of 127th Street East) - $176,000.00. Does not affect existing traffic. (Council approval date 12-17-96) (District n/a) (448- 89094/733618/470-439) g. Water Distribution System to serve Webb Road Commercial Addition (south of 21st, west of Webb Road) - $56,100.00. Does not affect existing traffic. (Council approval date 5-21-96) (District II) (448- 89043/733659/470-443) h. Lateral 9, Main 17, Southwest Interceptor Sewer to serve Forest Lakes Addition (north of 29th, west of Ridge) - $157,290.00. Does not affect existing traffic. (Council approval date 4-6-93) (District V) (468- 82307/743013/480-390) i. Lining 313 feet of existing 8 inch diameter sewer line in 9th Street, east and west of St. Francis, and rehabilitating four (4) manholes (south of 13th, east of Broadway) - $35,500.00. Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 1-7-96) (District VI) (468-82673/621516/533-262) j. Sanitary Sewer Rehabilitation, 1997 College Hill, Phase I (south of Douglas, west of Belmont) - $170,000.00. Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 7- 18-95) (District II)(468-82685/621557/533-266) k. Lining 595 feet of existing 10 and 12 inch diameter sewer lines in Civic Center Place from north of Douglas to south of 1st Street (north of Douglas, east of Waco) - $40,000.00. Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 1-7-96) (District VI) (468-82687/621631/533-274) l. Rehabilitating 1789 feet of 8 inch diameter sewer line, including one point repair and raising one manhole with new ring and cover east of Bluff, north of 21st (north of 21st, east of Hillside) - $110,000.00. Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 1-7-96) (District I) (468-82686/621649/533-275) m. Dry Creek Interceptor Sewer, Phase I, Part B (east of Oliver, from Harry to Douglas) - $5,842,083.71. Does not affect existing traffic. (Council approval date 09-26-95) (District II & III) (468- 82541/632414/533-316) Motion -- Cather moved that the preliminary estimates be approved and filed. Motion -- carried carried 6 to 0. (Knight absent) BOARD MINUTES MINUTES OF ADVISORY BOARDS. Board of Park Commissioners, 3/10/97 Board of Zoning Appeals, 2/25/97 CPO Northeast Council 1, 3/24/97 CPO East Council 2, 3/24/97 CPO Southwest Council 4, 3/27/97 CPO Northwest Council 5, 3/26/97 CPO North Central Council 6, 3/26/97 Metropolitan Area Planning Commission, 3/13/97 Police & Fire Retirement System, 3/26/97 Public Art Advisory Board, 3/13/97 Wichita/Sedgwick County Board of Health, 3/13/97 Motion -- carried Cather moved that the Minutes be received and filed. Motion carried 6 to 0. (Knight absent) EASEMENTS AND DEEDS EASEMENTS AND DEDICATIONS. a. Four easements dated November 4, 1996 from Reginald V. Booth and Marvin Schellenburg for tracts in Reflection Ridge Commercial Second (Reflection Ridge Commercial Second Improvements, Index 706832) (no cost to City ) b. Permits dated February 28, 1997 and February 11, 1997 From the Division of Water Resources (Gypsum Creek Bikepaths Index 706267 and 706127)(no cost to City) c. Dedication Dated February 24, 1997 from USD 259 for a tract in Sherwood's Addition (13th and Waco Index 706291) (no cost to City) d. Access Dedication dated March 12, 1997 from Floyd and Edna Tiffany for a tract in McCormicks Second Addition (McLean-Meridian to Seneca Index 705897)(no cost to City) e. Easement Dated Mar 6, 1997 from Robert G. Wilson for tracts in the NE Quarter,Section 8, Township 27 South, Range 2 East (Water Improvements, Index 733659) (no cost to City) f. Easement dated March 10, 1997 From Marvin Schellenburg for tracts in Forest Lakes (Forest Lakes Paving Index 764167) (no cost to City) g. Two Easements dated March 14, 1997 from Bradley K. Smisor for tracts in Builders Fourth Addition (Dry Creek Interceptor Index 632414) (no cost to City) Motion -- Cather moved that the documents be accepted and the City Clerk be instructed to -- carried record with the Register of Deeds. Motion carried 6 to 0. (Knight absent) HICKORY CREEK ESTATES AGREEMENTS FOR DESIGN SERVICES FOR HICKORY CREEK ESTATES, LARK AND LARK FOURTH ADDITIONS. (District V) Agenda Report No. 97-304 The City Council approved Hickory Creek Estates, and Lark and Lark 4th Additions plats on March 18, 1997. The proposed Agreements between the City and Baughman Company, P.A. provide for the design of Lateral 3, Main 18, Southwest Interceptor Sewer; Storm Water Sewer No. 481; Water Distribution System No. 448-89127; and paving Hickory Creek, Alderny, Alderny Court, Hickory Creek Courts and sidewalk in Hickory Creek Estates (south of 13th Street North, west of 119th Street West); and paving Dora, Millstead, Dora Court and sidewalk in Lark and Lark 4th Additions (south of Kellogg, east of 119th Street West). Because Baughman Company, P.A. provided subdivision engineering services for these additions, it can expedite construction plan preparation. Administrative Regulation 7a allows for the selection of Baughman Company, P.A. under these conditions. Payment will be on a lump sum basis not to exceed $49,300 for Hickory Creek Estates, and $23,200 for Lark and Lark 4th Additions. The funding source is Special Assessments. Motion -- Cather moved that the Agreements be approved and the Mayor be authorized to sign. -- carried Motion carried 6 to 0. (Knight absent) STORM WATER SEWER SUPPLEMENTAL AGREEMENT FOR STORM WATER SEWER (EAST OF OLIVER, SOUTH OF 29TH STREET NORTH). (District I) Agenda Report No. 97-305 On February 4, 1997, the City Council approved an Agreement with Baughman Company, P.A. to design paving improvements for 27th Street North, Parkwood, and Parkwood Court (east of Oliver, south of 29th Street North). Since that time, the Developer requested that the scope of the project be expanded to include additional storm water sewer improvements. A Supplemental Agreement with Baughman Company, P.A. to design the additional improvements has been prepared. Payment to Baughman Company, P.A. will be made on a lump sum basis not to exceed $3,435 and will be paid by Special Assessments included in the project budget. Motion -- Cather moved that the Supplemental Agreement be approved and the Mayor be -- carried authorized to sign. Motion carried 6 to 0. (Knight absent) CONTRACT AMENDMENT CONTRACT AMENDMENT - DCCCA, INC. DBA RECOVERY SERVICES CENTER. Agenda Report No. 97-306 On February 1, 1996, the City entered into a contract with DCCCA, Inc. d.b.a. Recovery Services Center to provide drug and alcohol treatment services for the Neighborhood Drug Court. The amount of the original contract was $91,720. The City subsequently extended the contract until March 31, 1997. Both the Law Department and the Municipal Court recommend extension of the contract under the same terms and conditions for an additional year. The contract is currently funded through a federal Comprehensive Communities Program grant until July 31, 1997. After July 31, 1997, local funds are budgeted in the adopted 1997 Municipal Court budget in the amount of $77,750. Motion -- Cather moved that the Contract Amendment be approved and the Mayor be authorized -- carried to sign. Motion carried 6 to 0. (Knight absent) K-96 AND WOODLAWN PROJECT TO INSTALL A TRAFFIC SIGNALIZATION SYSTEM AT THE K-96 & WOODLAWN INTERCHANGE. (Districts I & II) Agenda Report No. 97-307 When K-96 was built, traffic volumes at the Hillside, Oliver, Woodlawn and Webb Road interchanges did not warrant traffic signalization. Since that time, development near K-96, coupled with street improvements on Woodlawn and other streets in the area, have caused traffic volumes on Woodlawn and the on- and off-ramps to grow to the point where traffic signals are now warranted. The latest traffic count data indicates that Woodlawn now carries about 12,000 vehicles per day, and K-96 carries about 30,000 vehicles per day. The Traffic Engineer recommends that a traffic signalization system be installed at this interchange. The estimated cost of the project is $150,000. The current Capital Improvement Program does not contain a project for this proposed signalization work. Regardless, Engineering has reviewed the status of current CIP projects and is confident that this project can be funded from current and expected savings in other projects. Therefore, it will have no significant impact on other CIP projects. The funding source will be General Obligation Bonds. The proposed project was discussed with the City Manager's Aesthetic Review Team (CART), which recommended that black poles and equipment be installed (similar to what was recently installed on the two-way section of Main). Motion -- Cather moved that the project be approved, the Ordinance be placed on first -- carried reading and the Mayor be authorized to sign. Motion carried 6 to 0. (Knight absent) ORDINANCE An Ordinance declaring the interchange of K-96 Highway and Woodlawn Avenue (472-82819) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, introduced and under the rules laid over. LONG DISTANCE SERVICE LONG DISTANCE SERVICE. Agenda Report No. 97-308 To ensure the City is receiving the best possible long distance for the lowest possible cost, a Request for Proposal (RFP) was sent to nine firms. Four of the companies responded. All interested vendors met the criteria for quality of service. Proposals were further evaluated upon other criteria, particularly with respect to directory assistance, electronic billing, firm longevity, as well as price. Each proposal received a score which reflected the overall level of service offered and price. Feist Long distance received the highest evaluation score and offers the lowest overall price among the vendors who responded to the proposal. In addition, Feist's proposal lowers the City's cost from the current level. By accepting the proposal submitted by Feist Long Distance, the City should save approximately $2,185 over what it currently pays annually for long distance service. the vendor will absorb any costs incurred in the transition to the new service. Motion -- Cather moved that the proposal of Feist Long distance and the Purchasing Manager be authorized to sign a one-year contract for service with the option to renew -- carried the contract for two additional one-year periods. Motion carried 6 to 0. (Knight absent) SALES TAX AUDIT RETAILER'S SALES TAX - AUDIT BY KANSAS DEPARTMENT OF REVENUE. Agenda Report No. 97-309 On February 5, 1996 the Kansas Department of Revenue completed an audit of the Water Utility and compliance with Retailer's Sales Tax regulations. One of several items included in the audit was a data entry error made during the entry of the Boeing Company's sales tax exemption certificate. The City has received from Boeing the amount of $24,289.70 in payment of the sales tax. Revenues received from Boeing cover the payment proposed. Motion -- Cather moved that the remittance of $24,289.70 to the Kansas Department of -- carried Revenue be approved. Motion carried 6 to 0. (Knight absent) WATER MAIN INSTALLATION OF WATER MAIN IN HARRY STREET FROM BROOKHAVEN TO 159TH STREET EAST AND 159TH STREET EAST TO AN EXISTING 12" WATER MAIN. Agenda Report No. 97-310 The City of Wichita provides treated drinking water to 331,000 people. The service population is projected to increase to over 438,000 by 2010. To ensure that future water needs of the service area are met, the Water & Sewer Department initiated a study of its water system. The Water System Master Plan was completed in February 1994. The Plan recommended a number of significant system improvements to ensure adequate service levels now and in the future. This project is recommended to provide a continuous water main loop in Harry Street from 143rd Street East to Rose Hill Road. The result will provide service along Harry and adjacent developments and will improve pressure and flow to the southeast portion of the Water Utility system, along with providing capacity for future developments in southeast Sedgwick County. The City Council approved the 1996-2005 Capital Improvement Program and the initiation of all projects scheduled for 1996, 1997, and 1998 on August 13, 1996. The 1997 project budget is $180,000 for CIP #W-547 - Installation of approximately 1,300 feet of 20" Water Main in Harry Street from Brookhaven to 159th Street East and approximately 2,200 feet of 16" Water Main in Harry Street from 159th Street East to 2,200 feet east of 159th Street East to an existing 12" Water Main. This project will be funded from Water Utility revenues and reserves or a future revenue bond issue. Motion -- Cather moved that the Project Expenditure for 1997 be approved. Motion carried -- carried 6 to 0. (Knight absent) NW WATER TRANSMISION ACQUISITION OF PERMANENT EASEMENTS FOR THE NORTHWEST WATER TRANSMISSION, PHASE II. (District V and VI) Agenda Report No. 97-311 The Northwest Water Transmission Project, approved by Council on July 18, 1995 requires the acquisition of fifty-three easements along the Northeast side of the Missouri Pacific Railroad which runs along Zoo Boulevard from ninth street to Interstate 235. The easements needed are located in the right of way easement granted to the railroad. The adjacent owners have a reversionary right to the right of way if it is ever abandoned. To perfect title, easements are required from the adjacent owners. The owners of six of these tracts (Tract #1, #12, #15, #39, #43 and #44) have signed and returned the easement forms. The properties are more accurately described in the tract maps and legal descriptions. The owners were offered $100 for each easement as the estimated market value of the reversionary easement is minimal. This is the only railroad line that directly serves the Hutchinson area; therefore, the probability of the abandonment of the right of way is minimal. These property owners have agreed to convey the easement to the City of Wichita for the offered amount. The Budget of $650 includes $600 for the acquisition, and $50 for filing fees. Eleven tracts have already been acquired. After the purchase of these easements, 36 will remain to be acquired through either negotiation or eminent domain. Motion -- Cather moved that the budget be approved and the Mayor be authorized to sign any -- carried necessary documents. Motion carried 6 to 0. (Knight absent) GENERAL ELECTION GENERAL ELECTION, APRIL 1, 1997, CERTIFICATION. The Certificate of Canvass for the General Election held April 1, 1997, certified that the following candidates were duly elected: Council Member, District I: George Rogers Council Member, District III: Phil Lambke Council Member, District VI: Joan B. Cole CPO Members: District 1.1, 4 year term: Thurman N. Mitchell Emalyn rogers District 1.1, 2 year term: Jayne Fleming District 1.2, 4 year term: Carl G. Brewer Imogene Lafaye Patrick District 1.3, 4 year term: Trina Heath Debby Moore District 2.1, 4 year term: Anna Kowalski Jim Ruane District 2.2, 4 year term: Kimberly Nagel Brewster Larry Ross District 2.2, 2 year term: Beth King District 2.3, 4 year term: Janet (JJ) Marden Michael D. Palmer District 3.1, 4 year term: Paul E. Davis Lois Ann Newman District 3.1, 2 year term: Al Alliston District 3.2, 4 year term: Max Eaton Kent Steiner District 3.3, 4 year term: Judith L. Dillard District 4.1, 4 year term: Edwin E. Koon District 4.2, 4 year term: Jayne Fleming District 4.3, 4 year term: Larry D. Bush Frank F. Laham District 5.1, 4 year term: Chad Clark Paul H. Clark District 5.2, 4 year term: Jim Hemmen Sandra R. Whittington District 5.3, 4 year term: Bob Burton Richard C. Schopf District 6.1, 4 year term: Pam Bradley Bill N. Fox District 6.1, 2 year term: Kathy Dittmer District 6.2, 4 year term: Cathy Landwehr Bob W. Schreck District 6.2, 2 year term: Dorathea Sloan District 6.3, 4 year term: Pera C. Kirkpatrick Denis D. Knight District 6.3, 2 year term: Barbara Combs Motion -- carried Cather moved that the certification be received and filed. Motion carried 6 to 0. (Knight absent) ORDINANCES SECOND READING ORDINANCES. (First read April 1, 1997) *Administrative Traffic Court Ordinances: Minor grammatical and other non-substantive corrections were made to the ordinances. The effective date for Ordinance No. 43-467 was changed to make it effective upon the same date as the charter ordinances become effective. *a. Charter Ordinance - Municipal Court and Code of Procedure for Administrative Traffic Court. CHARTER ORDINANCE NO. 168 A Charter Ordinance exempting the City of Wichita, Kansas, from the provisions of K.S.A. 12-4106, 12-4113, K.S.A. 12-4204, 12-4209, 12-4301, 12-4302,12-4303, 12-4402, 12-4407, 12-4409, 12-4501, 12-4502, 12-4503, 12-4504, 12-4508, 12-4510, 12-4512, and 12-4513, and amendments thereto; providing substitute and additional provisions on the same subject, relating to the Municipal Court and the code of procedure for the Administrative Traffic Court; amending Charter Ordinance Nos. 163 and 164 by the addition of supplemental provisions relating to the same subject; amending Sections 7 and 8 of Charter Ordinance No. 122 relating to the same subject; and repealing the originals of Sections 7 and 8 of Charter Ordinance No. 122, read for the second time. Cather moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Knight absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers. *b. Charter Ordinance - Administrative Traffic Court and Hearing Officer. CHARTER ORDINANCE NO. 167 A Charter Ordinance amending charter Ordinance No. 90 of the City of Wichita pertaining to Judges of the Municipal Court and creating the Administrative Traffic Court and the Administrative Hearing Officer by the addition of supplemental provisions, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. *c. Administrative Traffic Court. ORDINANCE NO. 43-467 An Ordinance creating new Section 1.04.155 of the Code of the City of Wichita, Kansas, pertaining to the Administrative Traffic Court, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. d. Riverside Health System, Inc. ORDINANCE NO. 43-468 An Ordinance authorizing the City of Wichita, Kansas, to issue its hospital facilities improvement and refunding revenue bonds (Riverside Health System, Inc.) in two series in the aggregate principal amount of not to exceed $23,350,000 for the purpose of refunding certain outstanding hospital revenue bond issues and constructing and equipping certain retirement facilities and medical clinics; prescribing the form and authorizing execution of a bond indenture by and between the City and the Southwest National Bank of Wichita, in the City of Wichita, Kansas, as bond trustee; prescribing the form and authorizing the execution of a lease agreement by and between Riverside Health System, Inc., and the City; prescribing the form and authorizing the execution of an escrow trust agreement by and among the City, Riverside Health System, Inc., and the Southwest National Bank of Wichita, in the City of Wichita, Kansas; and authorizing the execution of a bond purchase agreement by and among the City, Riverside Health System, Inc., and Stifel, Nicolaus & Company, Incorporated, as purchaser of the bonds, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. e. Greenwich Road (Kellogg to Central) ORDINANCE NO. 43-469 An Ordinance declaring Greenwich Road, from Kellogg to Central Avenue (472-82738), to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. f. Human Services Board. ORDINANCE NO. 43-470 An Ordinance amending Sections 2.12.810, 2.12.820, and 2.12.830 of the Code of the City of Wichita, Kansas, pertaining to the purpose, powers and authority, and composition and appointment of members of the Human Services Board, and repealing the originals of said sections, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. g. PUD-2. (Regency Lakes Second Addition). ORDINANCE NO. 43-470A An Ordinance changing the zoning classifications or districts of certain lands located in the city of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. PLANNING AGENDA S/D 96-84 S/D 96-84 - PLAT OF THE SAGERTY ADDITION LOCATED SOUTH OF PAWNEE AND EAST OF HYDRAULIC. (District III) Agenda Report No. 97-312 This site is located in a developed area of the City and needed facilities are already available. This plat will be vacating a portion of Kansas Avenue that was originally platted out to Pawnee, but was never paved and actually opened in this area. A turn around, however, is being provided for south of the plat (for Kansas Avenue) through the dedication of needed right-of- way for an improvement in the future. In order to guarantee the closure of a number of driveways required by the access control being dedicated by the plat, the applicant has submitted a cash guarantee. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. Motion -- Cather moved that the dedication of right-of-way for a turn around be accepted, the dedication be recorded, the plat be authorized and the Mayor be authorized to -- carried sign. Motion carried 6 to 0. (Knight absent) S/D 97-1 S/D 97-1 - PLAT OF THE LOEHR ADDITION LOCATED WEST OF TYLER ROAD AND NORTH OF 37TH STREET NORTH. (District III) Agenda Report No. 97-313 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 thirty (30) days. Motion -- Cather moved that the plat be approved and the Mayor be authorized to sign. -- carried Motion carried 6 to 0. (Knight absent) A97-10 A97-10 -REQUEST THE ANNEXATION OF PROPERTY ADJOINING THE CITY AND GENERALLY LOCATED AT THE NORTHWEST CORNER OF K-96 AND GREENWICH ROAD. (District II) Agenda Report No. 97-314 Regency Lakes Park, LLC has requested that property under its ownership be annexed into the City of Wichita. This request is scheduled for consideration by the Wichita City Council during the April 8, 1997 City Council meeting. The tract of land is approximately 177.63 acres in size. The property is located at the northwest corner of K-96 and Greenwich Road. The property adjoins the City as indicated on the referral sheet map. The proposed annexation site is currently being platted; a preliminary plat went before the Subdivision Committee on February 20, 1997. The final plat is tentatively scheduled to go before the Subdivision Committee on April 17, 1997 and before the Metropolitan Area Planning Commission (MAPC) on April 24, 1997. The property is currently used for agricultural purposes. Surrounding property to the north and east are largely undeveloped and used for agricultural and residential uses. Jabara Airport is located to the northwest of the annexation site on property zoned "LI" Limited Industrial. There is a triangular piece of property zoned "SF-6" Single-Family adjacent to the west. The Greenwich Business Park is located to the south of K-96 on property recently zoned "LI" Limited Industrial. The surrounding area is predominately zoned "SF- 20" Single-Family Residential with agricultural uses to the north, K-96 Highway to the south, more agricultural and single-family residences to the east, and undeveloped land as well as Jabara Airport to the west. The proposed use is to develop an industrial park that may include office warehouse uses, as well as a soccer complex. The current zoning is "SF-20" Single-Family district under the new Wichita-Sedgwick County Unified Zoning Code. The zoning would normally convert to the City's "SF-6" Single-Family district upon annexation. However, the property owners have received approval from the Board of County Commissioners to rezone the "SF-20" Single-Family Residential district to "LI" Limited Industrial district. Upon annexation, and when the plat is submitted to the City Council for approval, the ordinance enacting the "LI" Limited Industrial in the City will be approved. The "LI" Limited Industrial district will accommodate the proposed use of the property. However, the soccer complex does not require industrial zoning. The City Engineer's office indicates that city water and sewer service are not available to this site, but the site is within the City's future service boundary. The City is in the process of installing approximately 8,000 feet of 36 inch water main along 21st Street North from Clubhouse to 127th Street East, and approximately 2,600 feet of 16 water inch main along 127th Street East from 21st Street North, going south to the Burlington Railroad tracks. The project is tentatively scheduled in the City's adopted Capital Improvement Program (CIP) for 1997 with a total project cost of $2,120,000. Property owners will still have to guarantee a 16 inch main which will run on the south side of K-96 to the south line of 29th Street North. A lift station and additional improvements to the City's sewer system will provide the capacity to serve this area with sewer. The property has access to Greenwich, a 2-lane paved section-line arterial, with existing traffic volume of approximately 1,330 average daily trips (ADT) between 29th Street North and K-96. The 2020 Transportation Plan projects traffic along Greenwich to increase to approximately 2,475 ADT for this segment. Greenwich is also projected by the 2020 Transportation Plan to remain a 2-lane arterial. However, with the proposed development of nearly a quarter-section of land, and depending on the actual uses, it may be necessary to improve Greenwich to a 3-lane or 4-lane arterial to accommodate the anticipated traffic volumes in this area. The latest edition of the 1997 Transportation Improvement Program shows a partial interchange at Greenwich and K-96 to be constructed in 1999. The Wichita Fire Department indicates fire protection can be extended to the requested annexation area within a 9 minute response time from City Fire Station No. 14, located at 6408 Farmview. However, as part of the 1st responder agreement, the County Fire Station No. 38, located at 1010 N. 143rd Street East can reach the area in a 7 minute response time. A new City Fire Station (No. 18) is currently being proposed in the City of Wichita 1996-2005 Capital Improvement Program (CIP). The new fire station is to be located near Jabara Airport, 2800 N. Webb Road. The station will be a 6,200 square feet, two truck bay and is scheduled to be constructed in 1997 at a cost of $730,000. After this station is constructed, the new response time will be 5 minutes. Upon annexation, police protection will be provided to the area by the Patrol East Bureau of the Wichita Police Department. The closest city park to the area is Eastview Park, which is approximately 4 miles from the site. The community park is located at 1544 N. Governeour and is 19.98 acres. The property is located in School District 375 (Towanda District). Annexation will not affect the school district. This property is located within the urban growth area of the City of Wichita as delineated by the comprehensive plan for the metropolitan area, and is also inside the Policy 32 urban service area. The property is located within an area that can not be served with city water or sewer at this time. The property owners will be responsible for the cost of connecting to water and sewer when the services are requested and are available. Property owners have projected a total estimated value of $3,615,000 for the industrial park. A estimated value could not be placed on the 12 field soccer complex at this time. The property is eligible for annexation under K.S.A. 12-520 (7) of State Law. Motion -- Knight moved that the annexation request be approved and the annexation -- carried Ordinance be placed on first reading. Motion carried 7 to 0. ORDINANCE An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, introduced and under the rules laid over A-97-10. COUNCIL COMMENTS COMMENTS FROM VICE MAYOR AND COUNCIL MEMBERS Vice Mayor Cather Vice Mayor Cather stated, "I would like to kind of say farewell, this morning, to all of the folks in the neighborhood, my colleagues on the Council. I do expect to be back - perhaps back in the year 2001. That is when the seat in southeast Wichita comes up for re-election and I am kind of interested in that. "It has been a fun four years that I have had to spend on the Council. It has been very interesting for me to talk with and to serve the people in the neighborhoods. It has been fun to be a proponent of park issues and things of that nature, to promote community policing concepts, and many of the neighborhood issues that have transpired in this last four years. "I have been interested in environmental issues for a lifetime but, particularly, in clean water for this City and the closure of our dump. I am hopeful that we will continue in those two endeavors. "Job issues and economic development have been an interest of mine and I have been interested in being able to promote those kinds of things. "I have several wishes I would like to make. One is for the Mayor. I wish him the best of luck in keeping the leaking Brooks Landfill closed and I hope that my Council Members will help in that regard. "I want to say 'thank you' to Greg and I wish him the best of luck on recycling and on helping us to get rid of the recycling disincentives. Greg has visited with me about that and I wish you the best of luck on that. "Sheldon, I certainly wish you the best of luck in the greenways. Sheldon has been the father of this greenways concept and a big proponent of many greenways and park type issues. "Bill Gale, I wish you the best of luck on the South Lakes Parks area and I hope that you will safeguard that project and see that through, and promote the soccer play and all the stuff that goes on down there in your neighborhood. "George and Joan, you have been my allies and I appreciate that on so many issues. I wish you the best of luck in all of your endeavors. I will be up here to lobby all of you for various things concerning the environment from time to time. "I do not know whether Phil Lambke is in the chambers or not but I wish him, as well, to think green and to help us with these neighborhood issues and park issues. Particularly, I would like to ask my Council Members to help Phil to do some things such as the Pawnee street improvement that is going into the Capital Improvement Project, and to help us with the railroad crossing there on Pawnee which is the busiest railroad intersection in the City. "It is our turn to have a fire station in southeast Wichita - now that Sheldon has got his - and I hope that the new fire station will go forward in southeast Wichita. "I wish Phil the best of luck with recycling, the solid waste issue, that we have struggled with for so long. And, I would like to remind him about the incinerator problem that Tulsa has had - which has been a big boondoggle for the city of Tulsa - which I understand has been about $102 million dollars of bonded indebtedness and the thing is not working now and has been closed. "I would like to welcome Phil to the City Council. I would like to kind of look forward to the next four years on the City Council. I think it will be an exciting time. "And, beyond the next four years on the City Council, I think there are going to be a lot of changes. As we look forward to 2001, a number of the faces that have been very prominent in this City, for many years, are going to be absent. Greg and Sheldon, and George and Joan will have filled their two-term commitments and there will be a substantial change in the face of this Council. Why, even the City Manager may have gone into retirement and have gone to Florida. No, just kidding, Chris - I am sure Chris will be up there on the 13th floor and the lights will be burning late at night and he will be working 70 hours a week and will have his fingers on what is going on here, probably even in 2001. "I am going to be concerned and working about community and neighborhood activism, particularly on environmental issues but on park issues as well. On the park property that some folks are talking about at Boeing Hills and at the 71st Street South area where the big ditch empties into the Arkansas, it seems to me that that is a really neat project that this City has gone forward on - a regional park - and I urge you complete that. "I also will be working with the Sunflower Land Trust which takes donations of land from folks for environmental purposes and for preservation. "I will be down here to talk to you, from time to time, about Municipal court and Municipal Court improvements. I think this is a very challenging thing. No matter how many times you fix it, I think we are going to continue to see that the overload in that court is just going to demand additional attention. "The last thing I will mention is that is has been a real pleasure for me to be involved with the Sister Cities Program. One of the highlights of my City Council service was to speak to the City Council in Mexico City in Spanish, and to give my speech in Spanish there. And then, to be able to ad lib a little bit with some of the Council Members - not very well - probably in murderous Spanish but able to get by a little bit. And, when I went to France it was fun to try to speak some French and to give part of my speech in French there as well. Most recently, when I went to China, it was a fantastic experience and I cannot speak Chinese at all. But I did try to learn a few words and I was very encouraged that the people responded when I tried to speak to them in their own language. "I think, now, it is time for me to turn over a new leaf and I am going to be speaking to my own people, the people of Wichita, in just plain English. I will be back. Thanks a lot for this four years. It has been an honor, it has been a privilege to be here. Thank you very much." Council Member Kamen Council Member Kamen said, "I wanted to compliment you on the way have conducted the meetings as Vice Mayor. I think you have done an excellent job and I cannot say enough for the way you have conducted them. "The environmental issues, waterways, parks, and recycling - I think you have covered that and I am happy that you mentioned the incinerator at Tulsa because I have received a lot of letters from people who say we should try incineration and I think you have covered that again and I appreciate that. "You have been a wonderful supporter of Sister Cities. I don't speak any languages except English. When I went to Orleans, the speaker in front of me was Norwegian and he said 'I am not going to speak in Norwegian because nobody can understand me' and when I came up I said, 'I'm not going to speak Norwegian either.' The Sister Cities has been a fantastic experience for a number of us. "I think the two most important things you have brought before us - one is the Municipal Court reform. I think what you have done is sensational. We have tried for years to bring that about and you have done more in the last couple of years than has been done in the last eight years or so, and I hope the City appreciates what you have done there. "The second issue I want to bring up is that one thing that I have acquired, being on the Council and having political office, is that I have acquired a lot of friends and I appreciate your friendship very much. "I am sure this will continue and I am really kind of sorry to see you go. Thank you." Council Member Cole "Council Member Cole said, "I would like to say good-by, formally. Informally, I am sure that I will continue to see you. "I think that one of the things that I have wanted, in the four years that we have served together, is that so many of the issues that come before us are very, very complex and it is relatively impossible to become an expert in that very short period of time. I would mention a couple of the things already mentioned - that I have appreciated your leadership on and your background and I think, most importantly, your connection with people in the community working on those issues, and that is the court system and it is the environmental issue. Specific items but the very large issue of the environment and how we, as Council Members, can have an impact - make changes. "I thought I came with a green ethic but I came to understand that my ethic was very, very simplistic and you have been extremely important in providing information on that very complex and very far-reaching issue of environment. "I am sad to see you go and thank you, very much, for what you have given, not only to us in specific issues but in overall civility and pleasant demeanor, which makes working on controversial issues a pleasure and without the kind of strife that I have seen on some councils - never here, of course, but in other places. "I think that to be able to bring together people who focus on issues, on commonalties, rather than differences, is very important and I think you have provided that for us - and I thank you." Council Member Rogers Council Member Rogers stated, "I am not going to be missing you, personally, because I am going to maintain the relationship we have always had. On this Council you have been of personal character and integrity, well versed in so many areas, that I know I have learned an awful lot from you. But, I appreciate, mostly, your sincerity and your attempt to merge the objective with the emotional and come up with realistic solutions. So many of these issues are simply not one way or the other. It is not, so to speak, taking a position against - it is taking a stand for - and you have emphasized that in a very overt way. I have, professionally, benefited greatly from the model you have established in terms of making policy for this City. "I will simply miss your intellect and your in-depth look at issues and the presentation of all options. "On a personal level, I am not going to miss you because I am not going kayaking but our friendship will be maintained - I know that. But, I have appreciated this opportunity to work with you these four years." Council Member Gale Council Member Gale said, "That will be one positive thing, I guess, is it will not be as confusing as with having two Bills on the Council but I am sorry to see you go. It has been a pleasure serving with you this last two years and I also appreciate your stances on issues that are important and near and dear to you. It is real obvious how important to you and how much you do, with passion, care for many issues that you have taken a stance for up here. "I also, especially, appreciate the friendship, as well. I, like George, will not be saying good-by' to you today, forever. I have appreciated the chance to get to know you better the last couple of years and remember a certain small plane trip that we took to the Kansas City area to walk around and check out a landfill up there, and appreciated the chance to spend that day with you and your helping me get through that plane trip back, especially. "I look forward to continuing our friendship in the future and it has been a pleasure serving with a 'cousin' for a couple of years." Council Member Cather Council Member Cather explained that he and Council Member Gale are not really cousins but are distantly related through his daugher-in-law. Council Member Ferris Council Member Ferris said, "Bill, because of the peculiar nature of the last ten years, Sheldon and I, I think, would agree - we have sat on a multitude of councils. We have sat through some resignations; we have gone from five to seven; we have appointed council members; we have had different mayors; so, as far as the actual number of councils, besides Sheldon, I think I have had the opportunity to probably serve on the most with the diversity. "This last two years, in my opinion, has been the best city council that I have been associated with. You have been an important part of that council. We have been very diverse. Let us face it, Bill, you and I come from different political perspectives. The thing that I have appreciated is that we have tried to find the common ground, tried to work on the common ground, and tried to make sure that, even when we were on uncommon ground, once that issue was discussed and voted on it was over. We could remain friendly and friends. "So, I have appreciated getting to know you the last four years. You have a tremendous work ethic, particularly in those areas that are important to you. You have educated us. I anticipate, as you have said, that you will continue to educate us in those. "I am looking forward to having your help in not building a landfill where it should not be but building a landfill where it should be. We will be calling on you, hopefully, to use some of your experience and expertise in educating folks that that is the appropriate way that we need to do that. "I have, here, a presentation I think the Council would like to make to you. It says, 'Presented to C. William "Bill" Cather for his service to the community Vice Mayor 1996-1997, City Council Member 1993-1997,' and it has all the names of those people that are currently on the Council as well as the City Manager. I would like you to take this with you. "After four years of work, service, pain, phone calls at home in the middle of the night - you get a gavel. It is kind of a neat deal, right. "Bill, thank you for your work and we really appreciate you. Good luck!" RECESS The City Council meeting recessed at 10:27 a.m. and reconvened at 10:42 a.m. Council Members Ferris, Gale, Kamen, Rogers present. Council Member Ferris in the Chair. OATHS OF OFFICE OATHS OF OFFICE - COUNCIL MEMBERS (ADMINISTERED BY MUNICIPAL COURT ADMINISTRATIVE JUDGE HAROLD FLAIGLE. The City Council met in regular session with Council Member Ferris in the Chair. Council Members Gale, Kamen, Rogers; present. Municipal Court Judge Harold Flaigle administered the oath of office to newly elected Council Members Cole, Lambke, and Rogers. Council Members Cole, Lambke, and Rogers were seated. VICE MAYOR SELECTION SELECTION OF VICE MAYOR. The Council proceeded to ballot and on the first ballot selected Council Member Cole to be the Vice Mayor. Judge Flaigle administered the oath of office of Vice Mayor to Council Member and Vice Mayor Cole. Vice Mayor Cole seated and in the Chair. ORDER OF BUSINESS COMMENTS FROM COUNCIL MEMBERS Vice Mayor Cole Vice Mayor Cole welcomed the new Council Member, Phil Lambke, representing District III. "I first met Phil, I think, in 1990. We were reminiscing when I called him on the phone, having learned that he was President of South City Association, and said 'I think you and I need to get together and talk about neighborhood issues.' And Phil was then one of the first six or seven presidents of neighborhood associations that convened on a number of occasions to create what I like to think was the beginning of the Wichita Independent Neighborhoods' Association. "It is my perception and my experience that he comes to us with the same bias that I share and that is that great things can and do happen on a regular basis in neighborhoods. I am delighted to have you. "He also served with me on a housing task force for a number of months. I think neither one of us shall ever recover from that experience, probably. "So, on behalf of Joan Cole, because my colleagues can speak for themselves and, I imagine, would like to do so, I would welcome you to the beginning of excitement over the next four years." Council Member Ferris Council Member Ferris stated, "Council Member Lambke, I would also like to welcome you to the City Council. "After sitting her for ten years, I will both warn you and tell you that this is one of the toughest jobs you will face but one of the most exciting jobs. The opportunity to serve the citizens of one of the greatest cities in our Country, frankly, is an honor and a privilege. You will be challenged on a regular basis not only with facts and information but with situations that seem like there really is no good answer. And, you have the distinct privilege, then, of having to make a decision. I remember when I sat out in the community it was real easy to say what I would do and what should be done but, now, you have the real opportunity to do what you think what should be done and, in fact, will have to make that decision. We do not get to abstain, we do not get to back out. From everything I have heard - and we have not met, formally, on a regular basis before this - you come here with an extremely strong background and even stronger character, someone I think District III is going to have the honor to have representing them. "So, anything I can do for the next few weeks to help make your acclimation to this job easier, please let me know. I am very excited to be working with you. Welcome to the Wichita City Council. "Council Member Rogers and Vice Mayor Cole, welcome back. Again, I do not have to tell you what a challenge lays before you and all the issues because all of those are still carried over. "George, I am really glad to see you back. Your wit and intelligence, I think, is something that has balanced this Council on many occasions. You are not the most vocal person on the City Council but all of us, as soon as you start to speak, lean up just a little bit to make sure we do not miss a word because what you say is very important and often is so well articulated that we do not want to miss any of it. "Joan, it is going to be a pleasure to continue working with you on issues. I would like to welcome you back as well. We have had the pleasure to work together very strongly on many issues, particularly the hotels in this City. We have still got a couple more challenges in that realm. And, I know you have some other things that you are going to be bringing to us as well. "I am very excited about the coming two years and know that we are just going to continue to move this City in a very positive way. Welcome back and thanks for your service." Council Member Gale Council Member Gale said, "Thank you Madam Vice Mayor. I, also, welcome you and George back. I have appreciated the chance to get to serve with you the last two years and get to know you. I consider you two friends as well and I look forward to getting to serve with you for two more years and all that that will bring us. "I also welcome Council Member Phil Lambke. It is good to meet you and I look forward to getting to serve with you. I also appreciate the fact that I am no longer the new kid on the Bench. I welcome you to that role and look forward to serving with you and working with you, I am sure, on many issues that we face in our districts in south Wichita and a lot of issues that I know we will share." Council Member Kamen Council Member Kamen stated, "I look forward to serving with all three of you - I certainly cannot serve without you so I have to serve with you. "I do not know you, Mr. Lambke, but from what I have heard I think this will be a great Council and I think we will get a lot of things accomplished. Thank you." Vice Mayor Cole Council Member Cole said, "I want to also welcome Council Member Rogers back. I guess he and I share so many issues, so many problems. There are so many commonalties between our districts. In order to move ahead on many of the things that I feel strongly about, he is part of that. I am delighted that you are back, more than delighted. You are very necessary to our moving forward. I think we both ran indicating that we thought our districts had been neglected for a very long period of time. So, I am very, very glad to have you back for the next four years." Council Member Rogers Council Member Rogers said, "I am very happy to be returning. This is a wonderful group. I would like to initially, though, welcome you, Mr. Lambke. I look forward to working with you for four years. As you see, we will be close together and we will squabble a lot but, as my daddy used to say, 'you can say no with a smile just as well as you can say it with a frown.' So, we will do it with respect and cordiality. "Vice Mayor, I look forward to working with you again, also. And, as you have said, we have had many challenges. We have not solved them all in an expeditious way but we, I guess, ate them like you eat an elephant - one bite at a time." "The three of you have been super these past years - two years with Bill and with Greg and Sheldon. I have learned an awful lot from each of you. I humbly thank you for the kindness, sincerely, and the way you have approached issues and looked at all options in terms of making policy because it is a difficult challenge. "I do want to take this opportunity to thank the citizens, particularly of District I, that indicated that they felt some things had been accomplished and that there are some more things that can be done in District I and in the City. I had people that worked with me that gave of themselves in a very tireless kind of way. Quite frankly, I was not able, during the campaign, to do a lot of things that one would normally do because of my physical circumstances. But, you know, when you talk about folks that picked the ball up and ran with it - I had a bunch. "Certainly, I must thank this wayward woman that lives in the house with me. She was late today and I said, 'What did you do, get caught in the snow?' She said, 'No, I just left late.' But, after almost 40 years of marriage to the same lady, I have to thank her for each and every thing. "I look forward to this next four years, I really do, because I know that the challenges in this City are monumental but they will be met head on with sincerity, with some kind of intellect, logic, and, as we have demonstrated in these past four years, with some grace. Thank you." Council Member Lambke Council Member Lambke stated, "First of all, I would like to thank my wife of 48 years. Also, the people that worked during the campaign. We had a pretty good team. I guess when you win you must acknowledge that you have a pretty good team. "Anyway, I look forward to serving on the Council. My input is probably going to be more philosophical than details. We have an excellent City Manager, in my opinion, and a good staff - so they run the City. In my view, the Council people make decisions that affect the direction of the City. "I am not going to speak to you very long because I come to the job anxious to get started. I am not worried about the job a bit because between my wife and my kids and the Wichita Editorial Staff, they have all the answers. Thank you very much." Vice Mayor Cole Vice Mayor Cole closed with, "Going through the campaign is a very humbling experience, even more humbling than serving as a Council Member because it reminds you, in most significant ways, that without those supporters, without those workers, without those citizens that believe in dreams who are willing to suspend their lives to go for the goal, it simply is not going to happen. Without a family that is supportive and understanding and willing to share you with the community and live through all the crises that you live through as a Council Member, people like the six of us that sit here today simply could not, and I imagine would not, make the choice to serve as public servants. "A couple of reasons I wanted to come back - and I think George and I shared some of those - was we thought we would get all of these things finished in four years and, very early on, we figured it might take us fifteen to twenty - so we are back for another four. Also, because, as we alluded to earlier, we, as a Council, have learned to live and work well together and that is very important, I think, not only for those of us that serve but for a community that really does not like to see dissension and controversy and fighting, and prefers that their leadership work together toward common purposes and, when they disagree, disagree civally and move on. So, I am back again, in large measure, because I enjoyed the first four years and I want to thank those of you that served with me for making this a real pleasure. "Thank you to all of you that came through the blizzard, today, to join us and celebrate with us and say to us, 'We are here to hold you accountable - do not miss the message. We sent you back for a purpose and that is to get some work done - to do it quickly, quietly, and effectively' with a City Manager and City Staff that, I too, believe are extremely fine and work extremely hard on behalf of the Citizens of Wichita." ADJOURNMENT The City Council meeting adjourned at 11:02 a.m. to a reception in the Board Room. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 163 APRIL 8, 1997 Page 1