MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, August 6, 1996 Tuesday, 9:05 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cather, Ferris, Gale, Kamen; present. Council Members *Cole, Rogers; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Pastor Sally Fahrenthold, Christ Lutheran Church. 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 July 30, 1996, were -- approved approved 5 to 0. (Cole, Rogers; absent) AWARDS AND PRESENTATIONS PROCLAMATIONS Mayor Knight presented the Proclamations previously approved. SERVICE CITATION Mayor Knight presented Distinguished Service Citation. UNFINISHED BUSINESS WI/SE FUNDING REQUEST TO APPROVE FUNDING FOR SPECIAL PROJECT (FLYING IN FORMATION). Continued from July 30, 1996. Rick Thrasher Rick Thrasher, WI/SE, presented source and use 1996 budget information and urged approval of the requested $25,000 City funding. *Council Member Cole present. Mayor Knight Mayor Knight inquired if anyone wished to be heard. James Mendenhall James Mendenhall spoke in support of the request. Mr. Mendenhall also said the recent changes in welfare make it so there will soon be many in Wichita without jobs. Mr. Mendenhall asked that this be kept in mind as deliberations are made. Karl Peterjohn Karl Peterjohn reminded the Council that not all industry could pay aircraft industry wages and said the Council should be fair and equitable to all segments of the community. Mayor Knight Mayor Knight said the metro areas in oher countries would be willing to do just about anything to have a manufacturing base such as Wichita has. The strength for the next century is aviation and aviation products. The aircraft industry is strong and may have never been stronger. Council Member Ferris Council Member Ferris said there are not enough available people to fill the available jobs in Wichita. As the aircraft industry adds jobs, other industries add jobs. Council Member Ferris said he did not agree with spending an additional $25,000 towards the project. Several years ago the City authorized $250,000 toward the partnership with WI/SE and, last year, increased the budget by $70,000. WI/SE should not request more. Motion -- Knight moved that the $25,000 supplement be approved. Council Member Cole Council Member Cole said the recruiting efforts have been extraordinary and that she is anxious to learn the results. It is hoped there will be similar efforts in the future. -- carried Motion carried 5 to 1. Ferris - No. NEW BUSINESS BUDGET/CIP PUBLIC COMMENT ON 1997-98 BUDGET/CAPITAL IMPROVEMENT PROGRAM (CIP). Richard LaMunyon Richard LaMunyon, Chair of Mayor's Committee on Public Safety, reviewed the status of the Committee's recommendations. In April, 1995, the Mayor's Committee on Public Safety was organized and was given the mission to review, study, and suggest ways to maintain, improve, and enhance the Wichita Police Department for the benefit of the citizens of Wichita. More specifically, the Committee was asked to assess Police Department staffing levels, requirements needed to adequately perform its mission of policing the entire city, address the status of the Department's morale (said at that time to be at the lowest level in recent history), assess the Department's command and leadership structure, and evaluate the Department's total resources and determine if the Department was adequately financed and equipped to do its crime fighting mission. Several interviews were conducted with individuals in the Department, people who had recently left the Department, and all levels of individuals. In addition, Wichita State University was engaged to conduct a Department-wide survey which provided input to the Committee. There were six public hearings conducted city-wide. At the end of July, 1995, the Committee presented a report and recommendations. The Committee found that the Police Department was unable to keep up with the demands placed on it from both resource and organizational standpoints. Citizens indicated a need for better response time, officer response adequate to quality of life calls, city- wide community-wide policing, more involvement with the Police Department, quicker follow-up by investigators, and to be a part of the Police Department. The Committee made short-term and long-term recommendations: More equipment be provided to the Department Added staffing Increase in beats More detectives and more equipment in the detective section Much greater improvement in the area of public relations City-wide community policing The City be divided into four quadrants and the four substations be utilized as operational centers There were glaring errors within the Department in terms of reporting procedures, training, and inadequate selection of people and inadequate training. There were questions of Internal Affairs, discipline within the Department taking too long and no one in Department had authority to discipline, promotional policy, inadequate squad meetings, public and community relations, and lack of communication within the Department and with the Fraternal Order of Police (FOP). The Committee has monitored the situation continuously and there have been frequent meetings between LaMunyon and members of the Police Department at all levels. Meetings have also been had with citizens. The Committee was reconvened; and Police Chief Watson briefed the Committee and a review was done, point by point, over what had taken place and what was on-going. The Committee was very pleased with the results. The recommendations made by the Committee and the policies implemented by the City Council, are being followed to the letter by the Police Department. The Police Department is, in many cases, ahead of schedule in terms of implementing some of the policies directed. Personnel have been hired and the training has been streamlined and improved. The hiring procedures have been strengthened so that background investigations are now being carried out. The equipment throughout the Department has been upgraded and is in the process of continuing to be upgraded. The substations are operational with four beats within the City which are controlled by a commander who is responsible for the area. There is city-wide community policing and, more importantly, the community policing is integrated with the patrol operations. The investigations unit has been upgraded and the number of detectives has been increased. It needs to be kept in mind that it takes a while to train beat officers to bring them in to promote others to detectives. The investigations unit has also been upgraded in terms of equipment. The command officers have a hands-on control, understand what they are to do, and have the authority to do what is needed. "In my opinion, the citizens, now, are perceiving that they have a vastly improved department that is responsive to their needs and it is true in a real sense, and it also is true in a perceived sense." The policies and procedures which were crippling, in many instances, may have already been revised and others are in the process of being revised. Throughout the Department in the last year, there has been developed a togetherness. The attitude of the Department is one of positive movement at all levels. There is an ownership and pride to be a member of the Department. The selection of Chief Watson is to be complimented. Chief Watson has selected key staff personnel and given them guidance, leadership, and parameters, and the commanders are commanding the Police Department. It is suggested the Police Department morale has improved ten-fold plus in the past twelve months. The Chief runs the Department and has a great relationship with other departments in the City. There is a sense of ownership by the beat officers and the citizens feel the officers are their police officers. The FOP and the Police Department have open communications and a good working relationship. Mayor Knight Mayor Knight inquired if anyone wished to be heard on the 1997/1998 Budget. Larry Ross Larry Ross expressed concern that any meetings and budget discussions between the City, USD 259, and Sedgwick County would be budget driven rather than vision driven. Budget driven would be a move backward. Mayor Knight Mayor Knight assured Mr. Ross that discussions would be community driven. Larry Ross Larry Ross, concerning the MTA Budget, suggested the Council Members purchase bus passes and use them to see the service from a new perspective. Henry Helgerson Henry Helgerson said both the Lincoln Park and College Hill Park neighborhoods are working diligently to put together workable plans in order to continue pool operation. There is a limited timeframe to finish negotiations, work, and community building necessary in their neighborhoods. Mr. Helgerson asked that the City Council consider putting in the operational dollars (about $15,000) with no promise that capital improvements will be done. The operational dollars would allow the continuation of discussion between the City and neighborhood organizations on how to keep the pools open and how to look for alternative ways to fund the projects. The Lincoln Park area has a more transient population which is more at risk. The pools present an opportunity to work with the children. The State sees results when these children grow up and get jobs because there are fewer on welfare or in juvenile facilities or in jail. Park programs make a difference in the lives of those growing up. Council Member Cole Council Member Cole said there is a difference in the population in College Hill and Lincoln Pool areas. There may be distinct differences in the resolution for the two areas. The numbers are looking better at the Lincoln Pool with the cooperation of the Recreation Division of the Park Department in holding the hours stable and providing things in a different and improved way. The summer period is not complete and an opportunity to continue to monitor the entire summer period would be appreciated. Council Member Kamen momentarily absent. Beth King Beth King, President of the College Hill Neighborhood Association, said the numbers at the College Hill pool are up this summer and the pool has been made more user friendly. At this time, what would best serve College hill would be a new neighborhood family-friendly pool. A preliminary design has been submitted to the Task Force and approved. Currently, there is in process an exploration of financial alternatives for the project. The Task Force is trying to determine the exact financial support in the Neighborhood Association. The assistance of an architect has been enlisted and the firm is donating some official time. It is understood that if any funding is allocated for the 1997 season it will be from the operations budget only. It is hoped a new type of public/private partnership can be created to keep a family pool in the College Hill area. Approximately 100 children (from the College Hill Latch Key Program) currently use the pool twice a week throughout the entire summer. The College Hill swim team just won third place in a City meet. There is a crack in the pool where water is leaking out very rapidly and grass is growing in. The pool is important to the neighborhood and the Council is being asked for money for 1997 so the effort to create a new public/private partnership to serve the College Hill to serve the children in the area can move forward. Karl Peterjohn Karl Peterjohn thanked the Council for no increased mill levy in 1997. Mr. Peterjohn said the Council should look at a broader range of alternatives in conjunction with the MTA for busing. Jetneys have recently been legalized and the taxiing market might be opened up. One of the frustrations heard when people talk about Wichita is that it is such a car town. The public transportation service does serve transient dependent persons but there are alternatives. There are opportunities in privatizing. Mr. Peterjohn also urged the Council to make an effort to get out of the property ownership business and to get the property back onto the tax rolls. The mixing of the storm water projects with other capital projects is a good idea. Council Member Cole Council Member Cole said she thought Way Finding (signage in the Downtown area) had been moved up to completion in 1997 and design in 1996. Chris Cherches City Manager said the Way Finding is programmed in scheduled in the 1998 Capital Improvement Program. If the Council wishes, this could be altered for design in 1996 and construction in 1997. Motion -- carried Knight moved that the comments be taken under advisement. Motion carried 6 to 0. SOLID WASTE MANAGEMENT PUBLIC COMMENT ON SOLID WASTE MANAGEMENT. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Dr. Ben Huie Dr. Ben Huie, Environmental Scientist, said statements made by Staff in response to remarks made earlier by Dr. Huey may not have been fully accurate. Staff stated that the City is funding the projected closure costs of Brooks Landfill. While it is true the City is setting aside a small amount of money, according to a memo from the Budget Officer, $33 million is needed for landfill closure costs. The Environmental Management Trust Fund discussion states that the closing costs for the Brooks Landfill can be covered, in part, by that Fund with a projected $20.8 million shortfall in the year 2001. This, optimistically, assumes five years further operation of Brooks Landfill. The memo was also released prior to the public disclosure of the admitted contamination at Brooks Landfill. Including the cleanup costs for that contamination raises the deficit to about $25 million. The memo also states that dealing with the shortfall is a matter for the City Council to address as a policy issue. Mr. Huie said he would like to know what the Council's policy is pertaining to the $25 million deficit. There were comments about, and it was stated that Wichita has a program to deal with, household hazardous wastes. That is not exactly true. Wichita has a pilot program at the sewage treatment plant. The program is open one day a month and is utilized primarily by hard-core concerned citizens and can barely handle the current load. According to Health Department figures, the facility interdicts only about one percent of the household hazardous waste generated in Wichita. It does not have the capacity to handle any more than it is now taking. Professionals agree that what is required are several full-time, conveniently located facilities throughout the City so that citizens will use them. There needs to be public information. Fellow CPO members who are "acutely interested in the community" have never heard of the location at the treatment plant or the program. Reference was made to the Tag Program which is supposed to interdict hazardous wastes that might be placed in dumpsters. Mr. Huey said he has been placing a jug filled with colored water (which could be any one of several household hazardous wastes) in an open space in his trash cart on a weekly basis for three to four weeks and the jug has yet to be tagged. Small quantity generator hazardous waste, which constitutes the other legal source of toxic material entering Brooks Landfill, is not being dealt with. Today's hazardous materials going to Brooks Landfill will be tomorrow's hazardous contamination eminating from Brooks requiring cleanup. Regarding other waste reduction methods needed such as yard waste, removal of economic disincentives, etc., all have been agreed to, in principle, by the City Council but there has not been implementation. Mr. Huey said he still has to pay for weekly trash pickup instead of every-other-week pickup which was agreed to by the Council on October 25, 1995. The City does not have implementation for destruction demolition debris, yard waste, white goods (voluntary program only). "In case you don't believe the Kansas Department of Health and Environment considers these issues to be important, I point out to you that they have grant programs available that will fund household hazardous waste grants, small quantity waste generators, competitive plan implementation grants - this is for composting, yard waste reduction, recycling and the like. Of course, Wichita is not eligible for any of these grants. The reason for that lack of eligibility is that we do not have approved solid waste management plan. "Looking at the check list that the Kansas Department of Health and Environment looks at in evaluating such a plan - specific mention is made for programs of waste including household hazardous waste, small quantities of hazardous wastes, white goods, CFC evacuation, yard waste, brush, trees, demolition wastes, recycling, and a sound method for financing. "I was in Topeka last Friday, on an unrelated matter for a client, at the Solid Waste Division and, in informal conversations - the kind you have around a coffee machine or water cooler, I learned that their staff is, quite frankly, not at all pleased with the lack of movement here in Wichita in dealing with the various issues pertaining to solid waste management. "I think that we really need to get moving and get these programs, not simply agreed to in principle - which we all agree to, but actually implemented and in place. I look forward to the day that I can go to a permanent full-time facility for hazardous waste - that I can see that material being removed from our waste stream. I look forward to the day that I can see small quantity generators, small businesses having a place to take their hazardous waste - responsibly rather than putting it in the dumpster and sending it to Brooks. Fifty to a hundred tons a day of hazardous waste going into Brooks is a nightmare waiting to be visited upon the City in the future." Joe Pajor Natural Resources Director said it is important to appreciate that what is being discussed are some very fundamental improvements in the way the City is dealing with solid waste. The joint City-County Solid Waste Committee has been working diligently in this area. The Committee has remained involved past the planning and is involved in assisting in the recommendations on implementing the measures Mr. Huey talked about. It is true that it takes time to accomplish the implementation and there is no disagreement between what Mr. Huey is hoping for and what the Council has expressed support for. For example, every-other-week collection of solid waste is a fundamental change in a standard of the way waste is dealt with which will take careful consideration prior to implementation. Steve Lackey Director of Public Works said the closure and post closure costs of Brooks Landfill is a tremendous amount of money but it is also money that would be spread over a 30-year period. When the operation of the Brooks Landfill is completed, there are plans in place for closure under the current financial arrangement. There are also different policy decisions that would need to be made whether closure and post closure are to be funded out of cash or out of debt service which makes a tremendous amount of difference in what the tipping fees will be over a 30-year period. If $30 million is to be collected up front and placed in a bank account, the City is looking at rate shock and a tremendous economic disadvantage to a lot of people in the community. If the costs are to be spread over a 30-year period and debt financed, the result is totally different. Those are the kinds of policy issues the Council will be working with in the future. The City has taken a more conservative nature in addressing the issues as the come on. It is thought the City has money available currently in the proposed budget for the cleanup issues and, as decisions are made on future disposal options, the decisions on future rates will be discussed at that time - which means closure and post closure of the current facilities. Responding to questions, the Director of Public Works confirmed that the City's policy, in the past, has been that the costs of closing the landfill over the the next waste disposal means life at the current rate of $2 to $3 per ton, if debt serviced, including interest. The City is currently collecting about $8/ton with about $2/ton being set aside for closure and post closure. About twelve to eighteen months ago, discussion was had about the right amount of money to have "in the bank" to cover any kind of environmental problems and future costs and the amount discussed was $12 and $16 million. There was even discussion about why that was even needed because the City has the authority to raise the mill levy or bond indebtedness. The Council, at that time, discussed that $12 million is a good number to progress toward over time so money has been set aside for those purposes. Council Member Ferris Council Member Ferris pointed out that, even if the City went to the extreme of $3/ton, only $1/ton would be added to the current costs to cover all of the costs of closure/post closure. Steve Lackey Director of Public Works added that a lot of the costs are included in the current tipping fees of the current interoperational contract. Future operational contracts or closure contracts would have those costs built into some of the tipping fees. Herzog's contract already has some of the costs built in to the current operating tipping fee and there is an additional amount that the City receives and puts in the Waste Management Trust Fund. There are decisions that have to be made in the future regarding when the landfill is to be closed, the geometrics of the site (depending upon vertical expansion), and other matters; but the City does have plans and has had plans trying to anticipate these matters. The only "wild card" has been the pollution which has occurred that is being addressed in the 1997 Budget, and there is cash to take care of the pollution. Council Member Ferris Council Member Ferris said municipalities have a distinct advantage over private industry in the fact that the #30 to $40 million does not have to be banked up-front by municipalities in the same manner as would be required by private industry. The City is in a position where, through future tipping fees or the faith and credit of the City (if necessary), the landfill could be closed without having the funds in a bank. EPA and KDHE require private industries to have the money banked up-front. Council Member Cather Council Member Cather expressed concern that the City has recognized that it has a large financial problem in the future and is just "putting it off." Council Member Cather said it is not conservative for the City Council to decide that the City will borrow and spend at some future point to fix a current problem. Council Member Ferris Council Member Ferris explained that the matter was addressed four to five years ago when a considerable amount of money was added to the tipping fee to take care of the post closure costs. The post closure costs were not all going to be "in the bank" when the facility was closed but the post closure costs were going to continue to be collected through the future of trash generation in the City. Mayor Knight momentarily absent with Vice Mayor Cather in the Chair. Steve Lackey Director of Public Works, responding to questions, said Chapin Landfill is closed and only post closure requirements of erosion control and ground water monitoring are required. The current contract with Herzog Construction, until the City decided to pursue vertical expansion, had money in the tipping fees to begin closure of a part of Cell "D" that is being operated on today. The future contract at Brooks, if vertical expansion is approved, will have costs associated with the tipping fee to put the proper amount of soil on top of Cell "D." There will have to be a separate contract for PVC liner systems and gas collection systems, etc. It is much like a capital improvement project, the financial projections have been set on the landfill such that the PVC construction and gas collection systems would be bond financed and paid out over time and would be part of the tipping fee. As currently set up, it is not set up to be a pay- as-you-go situation. On a pay-as-you-go system, it would take 30 years at $2 to $3 to close Brooks (not including maintenance). Council Member Kamen Council Member Kamen spoke in favor of raising the tipping fee (within reaason) to have a surplus. Joe Pajor Natural Resources Director, answering questions, said staff has not yet brought back the every-other week trash pick-up for implementation as work is being done with the Health Department on developing the standards and how the program is to be implemented. Regarding household hazardous waste, it is anticipated that a second site will be open 40 hours per week with scheduling to include evening and weekend hours. It is currently envisioned to be paid for out of tipping fees and is budgeted within the amount the City receives from the tipping fee and there are also possibilities of other resources such as grant funding which will be explored. The present operation at Waste Treatment Plant 2 is funded from tipping fees and there is money in the current fee to build the new facility. Mayor Knight Mayor Knight said he had been a Cabinet Secretary in Topeka and that he was going to call the Kansas Secretary of the Kansas Department of Health and Environment, and that he hoped the Director of Public Works and the Natural Resources Director would also call the people they work with at KDHE and let it be known that if there is a problem with the City of Wichita, communication can be made to the people from the City who are supposed to be working with KDHE. Council Member Kamen Council Member Kamen said there is a competitive situation with regard to landfills and there needs to be ways looked at where the City is more competitive than other means and where the surcharge can continue to be raised for the closure and establishment of other programs. Council Member Kamen asked that Staff look at inert solid waste landfill. Joe Pajor Natural Resources Director said that basically road and building material (either new construction waste or demolition material) are included in the federal definition of inert solid waste. Based on the survey done in about 1990, approximately 14 or 15 percent, by weight on an annual basis, of the landfill was inert solid waste. There are some contamination concerns with the construction material in terms of residual amounts of product in containers that are disposed of in a C and D landfill. Some states have demolition only landfills and do not allow new construction to be included. The problems are significantly less than those for general solid waste. The EPA is working on a set of regulations that would require ground water monitoring for these types of sites because there are still some concerns that the residual amounts of chemicals in the construction material side could, in theory, leach out of an unlined landfill. Under current regulations, if there were an inert landfill or transfer station, based on the fact that some companies in Wichita now have permanent C and D facilities, the cost would be at or less than the current tipping fees. Council Member Kamen Council Member Kamen gave demolition of the Allis Hotel as an example of tonage that might be taken either to a regular EPA approved landfill or to a transfer station at #35 to $50/ton, as opposed to being taken to a an inert landfill at $15/ton, with a hugh economic reason to look into an inert landfill. Consensus of the City Council was that the Solid Waste Management Committee and Staff be asked to look at and return to the Council with information (estimates) on an inert solid waste landfill - costs, how it would be paid for, problems that might arise, and how much more it would cost if certain things were sorted out for reuse (such as corregation and rubble). Motion -- carried Knight moved that the comments be taken under advisement. Motion carried 6 to 0. (Rogers absent) Council Member Cole momentarily absent. CONDEMNATIONS REPAIR OR REMOVAL OF DANGEROUS AND UNSAFE STRUCTURES. Agenda Report No. 96-520. On June 18, 1996, a report was submitted with respect to the dangerous and unsafe conditions of the buildings located on four (4) properties. The Council adopted resolutions providing for public hearings to be held on each of these condemnation actions at 11:00 a.m. on August 6, 1996. On June 3, 1996, the Board of Code Standards and Appeals (BCSA) held a hearing on the following properties: Property Address Council District (1) 239 N. Ash 1 (2) 419 N. Ash 1 (3) 1802 N. Green 1 (4) 1825 S. Mosley 3 Pursuant to State Statute the Resolutions were duly published twice, on June 19, 1996, and June 26, 1996. A copy of each resolution was sent by certified mail or given personal service delivery to the owners and lien holders of record of each described property. Kurt Schroeder Superintendent of Central Inspection said there were no persons had indicated a desire to speak on any of the properties. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cather moved that the public hearing be closed, the resolutions declaring the buildings dangerous and unsafe structures be adopted, and the BCSA recommended time frame to alleviate the code violations be accepted. Any extensions of time granted to repair the structures would be conditioned on the following: (1) All taxes have been paid to date, as of August 6, 1996; (2) the structure(s) has/have been secured as of August 6, 1996 and will continue to be kept secured, and (3) the premises are mowed and free of debris as of August 6, 1996 and will be so maintained during renovation. If any of the above conditions are not met, the Office of Central Inspection will proceed with demolition action and also instruct the City Clerk to have the resolutions published once in the official -- carried city paper and advise the owners of these findings. Motion carried 6 to 0. (Rogers absent) RESOLUTION NO. R-96-304 A Resolution finding that the structure located on the south half of Lot 4 and all of Lot 6, Ash Street, Park Place Addition to Wichita, Sedgwick County, Kansas, known as 239 North Ash, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Cather moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. RESOLUTION NO. R-96-305 A Resolution finding that the structure located on the north 12 ½ feet of Lot 15, all of Lot 17, Short Street, now Ash Street, Longmire's Subdivision of Part of Lot 1, Butler and Fisher's Addition to Wichita, Sedgwick County, Kansas, known as 419 North Ash, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Cather moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. RESOLUTION NO. R-96-306 A Resolution finding that the structure located on Lots 45 and 47, Block 6, Westmoreland Addition to Wichita, Sedgwick County, Kansas, known as 1802 North Green is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Cather moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. RESOLUTION NO. R-96-307 A Resolution finding that the structure located on Lots 115 and 117 on Mosley, Ranson and Kay's Second Addition to Wichita, Sedgwick County, Kansas, known as 1825 South Mosley, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Cather moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. MUNICIPAL COURT REPORT ON MUNICIPAL COURT OPERATIONS. Agenda Report No. 96-637. The Municipal Court agreed in April to begin submitting quarterly reports to the City Council. This is the first such Report containing highlights and information regarding Court operations over the past ninety days. While there is financial information contained in the report, there are no considerations requiring action. Harold Flaigle Municipal Court Administrative Judge reviewed the Item. Roger Clark has been named Acting Court Administrator and during the first one hundred days of his administration, the Wichita Municipal Court has accomplished many objectives. The Judges have been kept informed of all activities with, at the minimum, daily activity reports directly related to the Court. Additionally, decisions made by Mr. Clark have all been made with a reason given for doing so and the judges are aware of the reasons. A project list, indicative of the new organization and goal orientation brought to the Court, was developed (with many of the items coming directly from the Task Force Report) by the Acting Court Administrator. Judge Flaigle reviewed some of the key points on the project list. In order to insure that the Task Force recommendations are followed up, a working group meets every other Wednesday afternoon to work on key areas. On alternating Wednesday afternoons, the Judges meet with the Acting Court Administrator to work on items of interest and concern to the Judges. Council Member Cather Council Member Cather said there is a measurable increase in morale in the entire Municipal Court Clerk operation and it seems there is better case flow. Harold Flaigle Municipal Court Administrative Judge gave the Acting Municipal Court Administrator much of the credit for the improvements in Municipal Court and said Mr. Clark's organizational skills have been tremendous. Motion -- Cather moved that the Quarterly Report of the Municipal Court be received and -- carried filed. Motion carried 6 to 0. (Rogers absent) MANAGEMENT EXCHANGE PARTICIPATION IN INTERNATIONAL MANAGEMENT EXCHANGE PROGRAM. Motion -- Knight moved that the City Manager be authorized to participate in the International Management Exchange Program in Christchurch, New Zealand. -- carried Motion carried 6 to 0. (Rogers absent) CITY COUNCIL AGENDA TRAVEL APPROVAL APPROVAL OF CITY COUNCIL MEMBER COLE'S TRAVEL TO CHICAGO, ILLINOIS, OCTOBER 16-20, 1996, TO ATTEND 50TH NATIONAL PRESERVATION CONFERENCE. Motion -- carried Knight moved that the travel expenses be authorized. Motion carried 6 to 0. (Rogers absent) APPOINTMENTS APPOINTMENT TO CIVIL RIGHTS AND SERVICES BOARD. One appointment (Cole) for a term to expire June 30, 1997. Motion -- carried Cole moved that this Item be deferred one week. Motion carried 6 to 0. (Rogers absent) NOTICE OF VACANCY - COMMUNITY CORRECTIONS ADVISORY BOARD. One vacancy (Council at large), due to the resignation of Charles Doughty, for a term expiring June 30, 1997. Motion -- Knight moved that the rules be set aside and an appointment be taken up off the -- carried Agenda. Motion carried 6 to 0. (Rogers absent) Motion -- Cole appointed Elizabeth Bishop and moved that the appointment be approved. -- carried Motion carried 6 to 0. (Rogers absent) CONSENT AGENDA Knight moved that the Consent Agenda, including Addendum Item 34 a, be approved in accordance with the recommended action shown thereon. Motion carried 6 to 0. (Rogers absent) BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED AUGUST 5, 1996. At 10:00 a.m., Friday, August 2, 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 August 5, 1996) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS 1996 Contract Maintenance Cold Recycled Paving of 45th Street North from the east side of Rock Road to 1/2 mile east of Rock Road. (/132290/112000) Traffic to be maintained during construction. (Council approval date 01-23-96) (District n/a) Dustrol, Incorporated - $12,540.00 Lateral 132, Main 4, Sanitary Sewer #23 to serve Walnut Grove Addition (north of 35th Street North, west of Seneca). (468-82591/742668/480358) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 04-09-96) (District VI) Tri-State Plumbing - $3,040.00 Knight moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign for the City. Motion carried 6 to 0. (Rogers absent) DEPARTMENT OF FINANCE/DATA CENTER: HARDWARE & SOFTWARE FOR THE DEC SYSTEM 035105 AS PER SPECIFICATIONS Access Services, Inc. - $89,241.52 (Alternate Bid) HEALTH DEPARTMENT/ENVIRONMENTAL HEALTH: CONTINUOUS PARTICULATE MONITOR WITH COMPLETE OUTDOOR ENCLOSURE AND ACCESSORIES 672287 AS PER SPECIFICATIONS Rupprecht & Patashnick Co., Inc. - $22,460.00 (Total Net Bid) Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid. Motion carried 6 to 0. (Rogers absent) LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. New Establishment 1996 (Consumption on Premises) Kuldip Singh Passage To India*503 N. West Special Event 1996 (Consumption on Premises) Ly Ngoc Thi Nguyen Thai Binh 1518 W. 21st St. Ly Ngoc Thi Nguyen Thai Binh 1518 W. 21st St. *General Retailer--beer sales derive less than 50% of gross revenues. Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 6 to 0. (Rogers absent) PLANS AND SPECS. PLANS AND SPECIFICATIONS. a. 1996-1997 CDBG Curb and Gutter Repair of various locations. (618009 (815001) Traffic to be maintained during construction. (Council approval date 03-19-96) District all) b. Sanitary Sewer Improvements in Planeview on Stearman Court. (468-82519/622225/533333) Does not affect existing traffic. (Council approval date 07-18-95) (District III) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., August 16, 1996. Motion carried 6 to 0. (Rogers absent) a. Gateway Plaza Improvements at Kellogg and Main Streets. (472-82661/701862/400050) Traffic to be maintained through construction. (Council approval date 08-06-96) (District VI) b. Realignment of McLean Boulevard from Taft to Walnut, Phase I (Seneca to Second Street) and Phase II (Second to Taft). (472-82586/706168/405170) McLean to be closed during construction. (Council approval date 05-09-95) (District VI) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., August 23, 1996. Motion carried 6 to 0. (Rogers absent) (SEE PAGE 426a FOR SUBDIVISION PLANS AND SPECIFICATIONS) PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. Water Distribution System to serve an unplatted tract and Bradley Fair Second Addition (south of 21st, east of Rock Road) - $104,000.00. Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 05-21-96) (District II) (448-89035/733253/470-403) b. Lateral 132, Main 4, Sanitary Sewer #23 to serve Walnut Grove Addition (north of 35th Street North, west of Seneca) - $4,368.00. Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 04-09-96) (District VI) (468-82591/742668/480-358) c. Storm Water Sewer $474 to serve Fox Pointe Second Addition (west of Webb Road, south of 29th Street North) - $24,000.00. Does not affect existing traffic. (Council approval date 07-09-96) (District II) (468-82579/750794/485-115) d. Shadowridge from the west line of Parkwood, west to the east line of Beacon Hill Road; and Shadowridge Court adjacent to Lots 1 through 10, Block 2, of Meadow Oaks Second Addition (south of 29th Street North, west of Woodlawn) - $239,400.00. Does not affect existing traffic. (Council approval date 02-13-96) (District I)(472-82686/763623/490-465) e. Pepperwood Circle adjacent to Lots 36 and 42 through 46, Block 2 of Meadow Oaks Addition and Lots 1 through 12, Block 1 of Meadow Oaks Third Addition; and sidewalk to be installed along the south and east side of Pepperwood Circle from the west line of Lot 46, Block 2, Meadow Oaks Addition to and along the north line of Lot 43, Block 2 to the east line of Meadow Oaks Addition (south of 29th Street North, west of Woodlawn) - $101,850.00. Does not affect existing traffic. (Council approval date 02-13-96) (District I) (472- 82687/763631/490-466) f. Dora from the west line of Lot 34, Block 5 to the east line of Prescott Circle; Prescott from the east line of Prescott Circle to the south line of Carr Avenue; Shefford from the south line of Lark Third Addition to the south line of Dora; Esthner from the east line of Prescott to the east line of Lark Third Addition; Dora Court from the south line of Dora to and including the cul-de-sac; Prescott Circle from the south line of Dora to and including the cul-de-sac, and; Sidewalk along one side of Prescott and Dora and along Esthner and Shefford Lark Third Addition (east of 21st Street, west of Webb Road) - $327,930.00. Does not affect existing traffic. (Council approval date 05-21-96) (District V) (472-82726/763680/490-471) Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 6 to 0. (Rogers absent) BOARDS MINUTES MINUTES OF ADVISORY BOARDS. CPO East Council 2, 7/22/96 CPO Southeast Council 3, 7/25/96 CPO Southwest Council 4, 7/25/96 CPO Northwest Council 5, 7/24/96 CPO North Central Council 6, 7/24/96 Wichita Metropolitan Transit Authority, 6/27/96 Human Services Board, 6/27/96 Human Services Board, 7/3/96 Public Art Advisory Board, 7/11/96 Wichita Employees' Retirement System, 7/17/96 Wichita Airport Authority, 7/15/96 Wichita-Sedgwick County Board of Health, 7/11/96 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 6 to 0. (Rogers absent) STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. Agenda Report No. 96-662. On July 30, 1996, the City Council approved short-term street closures at various locations to allow the Burlington Northern/Santa Fe Railway (BNSF) to reconstruct crossings and install concrete crossing material. The "tie gang" was scheduled to begin their work in the Wichita area in November, but now is expected to be here in late August. This major railroad maintenance project requires some preparation work by local crews ahead of this "tie gang." The local crews will also work with the special gang while it is in this area. As would be expected, one scheduling shift requires another and thus, the new tentative schedule of proposed closure dates and locations is as follows: Date Location 8/6-7 Hydraulic, south of Southeast Boulevard 8/8-9 Mt. Vernon, west of Southeast Boulevard 8/23-9/12* "Tie Gang" through Wichita area 9/16-18 9th Street, east of Santa Fe (3 crossings) 9/23-25 Lincoln, west of Mosley 9/30-10/2 Washington, south of Southeast Boulevard 10/7-9 Pawnee, west of Southeast Boulevard 10/14-16 Wassall, west of Southeast Boulevard (3 crossings) 10/21-11/1 29th St. North, east of Broadway (3 crossings) 11/4-15 Murdock at Santa Fe (3 crossings) *Dates are approximate. Installation of concrete crossing material at the Hydraulic and Mt. Vernon crossings was not included in the original proposal, but will now also be done. Additional temporary closures (two to four hours) at other crossings along this line are expected during the "tie gang" project. During the requested closures, the railroad will completely remove and replace the track structure and install the concrete crossing material. Traffic will be detoured using the arterial street system, with the railroad being responsible for detour signing and construction signs and barricades. All of the work will be funded by BNSF or by federal funds administered through KDOT. There is no cost to the City. Agenda Report No. 96-663. Utility Contractors, Inc. is requesting approval to close McLean Boulevard between Lewis/Maple and Douglas to northbound traffic from August 10 to approximately September 6. This partial closure would allow three taps to be installed on a 36" water line which is located under the east half of McLean Boulevard. This work is necessary to accomplish water line installation and relocation in advance of the McLean Boulevard reconstruction project. Northbound McLean traffic will be detoured using Maple, Sycamore and Douglas Streets, while southbound traffic will be carried through the work area. The contractor is responsible for notification to adjacent property owners, construction barricades and detour signing during the project. Motion -- carried Knight moved that the street closures be authorized. Motion carried 6 to 0. (Rogers absent) AGREEMENTS RESPREAD SPECIAL ASSESSMENTS IN GRAF-GOLDSTON SECOND ADDITION (SOUTH OF 21ST STREET, EAST OF MAIZE ROAD). (District V) Agenda Report No. 96-638. The developer, Courtland Development Corporation, platted an addition called Graf-Goldston 2nd Addition, and has submitted an Agreement to respread special assessments in the addition. The land was originally included in numerous improvement districts for a number of public improvement projects. The purpose of the Agreement is to respread Special Assessments on an equal share basis for each lot. Without the Agreement, the assessments will be spread on a square foot basis. The Agreement will save the City time in recalculating special assessments for each newly platted lot and will equalize the assessments for each lot, making it easier for the developer to market the lots. There is no cost to the City. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Rogers absent) DESIGN SERVICES FOR HORSESHOE BAY ADDITION. (District V) Agenda Report No. 96-639. The City Council approved the Horseshoe Bay Addition on July 16, 1996. The proposed Three-Party Agreement between the City, Barefoot Bay Development, Inc. and Professional Engineering Consultants, P.A. (PEC) provides for the design of a water distribution system, sanitary sewer, paving and drainage improvements in Horseshoe Bay Addition (north of 21st Street North, east of Ridge). Because PEC is providing subdivision engineering services for this addition, it can expedite construction plan preparation. Payment will be on a lump-sum basis not to exceed $74,000 and will be paid by Special Assessments. The developer is responsible for payment of the consultant engineering services until certain guarantees and requirements are met. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Rogers absent) EMERGENCY SHELTER EMERGENCY SHELTER GRANT CONTRACTS. Agenda Report No. 96-640. On June 4, 1996, the City Council approved the revised Emergency Shelter Grant allocations to be included in the City's 1996/97 Housing and Urban Development (HUD) Consolidated Plan. The Plan will provide funds for a number of homeless agencies for operations, shelter renovation, essential services, and homeless prevention. Contracts for two of these agencies are being brought before the Council. The Emergency Shelter Grant contracts before the Council are with Inter-Faith Ministries of Wichita and the United Methodist Urban Ministry. The contracts provide funds for homeless shelter operation costs and homeless prevention assistance and are consistent with the City's HUD Consolidated Plan as approved by the Council. The maximum amount for the Inter-Faith Ministries contract is $16,084 and for the United Methodist Urban Ministry contract it is $7,000. These federal HUD funds are available through the Stewart B. McKinney Homeless Assistance Act. The contracts obligate no general fund moneys. Motion -- Knight moved that the Contract be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Rogers absent) REDEVELOPER DESIGNATION DESIGNATION OF REDEVELOPER FOR A PORTION OF LOT 2, BLOCK 1, BRIDGEPORT THIRD BRIDGEPORT INDUSTRIAL ADDITION. (District IV) Agenda Report No. 96-641. The City of Wichita, in the late 1970's determined that there was insufficient heavy industrial land available for development within the Wichita city limits. responding to this need, the City purchased property in the North Industrial Corridor through the Urban Renewal Act and redevloped the area with new utility lines and streets into the Bridgeport Industrial Park Phases I, II and III. William R. Nath, doing business as Home Oil Company and HOC Express, Inc., manufactures, markets and distributes petroleum products nationwide via trucks. Mr. Nath has purchased four tracts in Bridgeport III as his operation has expanded. These acquisitions are summarized below: Size - Sq.Ft. Price/Sq.Ft. Location Total Usable Total Usable Date N802' Blk 2 373,266 261,360 $.191 $.2725 2/82 N100' of S543' Blk 2 46,602 36,500 $.196 $.25 12/86 S443' of Blk 2 206,438 125,285 $.151 $.25 5/87 N730' of Blk 3 457,710 457,710 $.35 $.35 5/90 Mr. Nath is proposing to purchase the south 500 feet of Block 1, Lot 1 of Bridgeport III. This parcel contains approximately 233,000 gross square feet or 196,500 usable square feet. This acquisition is immediately north of his current ownership in Block 2 and will be used as the site of a new warehouse. Besides the above, only two other, small sales have occurred in Bridgeport III. These are detailed below: Size - Sq.Ft. Price/Sq.Ft. Buyer Total Usable Total Usable Date Diamond Properties 53,380 53,380 $.215 $.215 10/85 Wichita Water Dept. 53,380 53,380 $.35 $.35 2/95 This parcel has been advertised to the public with no other offers received. Mr. Nath is proposing to purchase the south 500 feet of Block 1, Lot 1 of Bridgeport III or approximately 233,000 square feet (5.35 acres). This acquisition is immediately north of his current ownership and will be used as the site of a new warehouse facility. This new construction will allow the company to streamline its product flow. As part of the transaction, Mr. Nath has requested that the environmental indemnification extended on other Bridgeport transactions be provided. The sale price $93,200 equates to $.40 per square foot which is $.05 above the listed asking price of the parcel. The site is impacted by a large drainage easement along the west boundary. The price per usable square foot is $.47. A six percent commission will be paid out of the proceeds. In addition, the purchaser has agreed to assume the existing special assessments. Outstanding specials at closing are estimated to be $,869.82. The funds from the sale will be used to pay the City's cost of selling, advertising, and closing expenses on the property. Surplus funds will be used in the City's CDBG program in accordance with URA requirements. Motion -- Knight moved that the Contract be approved and the Mayor be authorized to sign -- carried the necessary documents. Motion carried 6 to 0. (Rogers absent) PROPERTY ACQUISITION ACQUISITION OF PROPERTIES (TRACT #'S 2, 3, 4, 6, & 6A) BY EMINENT DOMAIN FOR THE SENECA STREET IMPROVEMENT PROJECT FROM PAWNEE TO MCCORMICK. (District IV) Agenda Report No. 96-642. The Seneca Street Improvement Project from 31st Street South to Kellogg, approved by Council on July 18, 1995, requires the partial acquisition of several tracts along South Seneca from Pawnee to McCormick. These tracts include Tract #2 which is owned by Fred M. Aley, Tract #3 which is owned by Lester V. Unrein, Tract 4 which is owned by Joseph D. and Patricia R. Erdman, and Tracts #6 & #6a which are owned by Louie J. Marks. Seneca Street will be upgraded to a five lane arterial standard. Staff has attempted to negotiate the purchase of these Tracts but has been unable to reach any agreement with the owners; therefore, eminent domain action is deemed advisable. Any properties that are acquired during the process can be dropped from the ordinance. The cost of this acquisition are to be paid by the City at large. Motion -- Knight moved that the Ordinance providing for the acquisition by eminent domain and directing the City Attorney to file the appropriate proceedings in the District court to accomplish such acquisition be placed on first reading. Motion -- carried carried 6 to 0. (Rogers absent) ORDINANCE An Ordinance providing for the acquisition by eminent domain of certain private property, easements, and right-of-way therein, for the improving of Seneca Street from 31st Street South to Kellogg and to be known as the South Seneca Improvement Project in the City of Wichita, Sedgwick County, Kansas; designating the lands required for such purposes and directing the City Attorney to file a petition in the District Court of Sedgwick County, Kansas, for acquisition of the lands, easements, and access control, therein taken and providing for payment of the cost thereof, introduced and under the rules laid over. PROPERTY DISPOSITION SURPLUS PROPERTY LOCATED AT THE SOUTHWEST CORNER OF 13TH AND CLEVELAND. Agenda Report No. 96-643. The property is legally described as: Lot 1 and the North 10 feet of the East 90 feet of Lot 3, Cleveland Avenue, Burleigh's 3rd Addition, except that part retained for I-135 right of way and except access control across the North line of the property to 13th Street North. This property was originally purchased September 8, 1968 as right of way for the construction of I-135. The project is completed and it seems that this property is no longer needed by the City. The site contains approximately 1,888 square feet which by itself is not a buildable site. A property owner in the area has shown an interest in purchasing the property and assembling it with the surrounding property to be used for an auto sales business. Complete access control for the property will be retained along 13th Street. All City departments and local government entities have been notified and have shown no interest in the property. Since there is no interest in retaining ownership, and because it is costly to maintain, it appears to be in the best interest of the public to declare the property as surplus and offer it for sale to the general public. The City will receive cash consideration for the sale of the property. The surplus and sale of this property to a private party will place additional value into the tax base. Motion -- Knight moved that the property be declared as surplus and designated as available -- carried for sale to the general public. Motion carried 6 to 0. (Rogers absent) SURPLUS PROPERTY LOCATED AT THE NORTHEAST CORNER OF WARD AND ASH. Agenda Report No. 96-644. The property is legally described as Lot 18, Block 1, Ward's 2nd Addition. This property was originally purchased May 23, 1972, as right of way for the construction of I-135. The site contains approximately 4,600 square feet which is too small to be utilized for construction of a dwelling. The adjacent homeowner has expressed interest in acquiring the land for additional yard space. All City departments and local government entities have been notified and have shown no interest in the property. Since there is no interest in retaining ownership, and because it is costly to maintain, it appears to be in the best interest of the public to declare the property as surplus and offer it for sale to the general public. The City will receive cash consideration for the sale of the property. The surplus and sale of this property to a private party will place additional value into the tax base. Motion -- Knight moved that the property be declared as surplus and designated as available -- carried for sale to the general public. Motion carried 6 to 0. (Rogers absent) SURPLUS PROPERTY LOCATED NORTH OF 25TH STREET ON COOLIDGE. Agenda Report No. 96-645. The property is legally described as Lot 12 Except the North 60 Feet and except the South 10 feet, AND, The East 124 Feet of Lot 13 except the South 10 feet, in Gilder's Riverside Addition to Wichita, Sedgwick County, Kansas. These properties were originally purchased April 18, 1967 and May 12, 1979, as right of way for a proposed Northwest throughway in the 25th Street corridor in conjunction with the transportation plan in the late 1960's. This project was subsequently removed from the long range plan and was not contained in the transportation plan in 1971 or subsequent plans. The site on the West side of Coolidge contains approximately 13,060 square feet and the site on the East side contains approximately 18,140. Either one of these properties could be utilized as a site for a single family home. All City departments and local government entities have been notified and have shown no interest in the property. Since there is no interest in retaining ownership, and because it is costly to maintain, it appears to be in the best interest of the public to declare the property as surplus and offer it for sale to the general public. The City will receive cash consideration for the sale of the property. The surplus and sale of this property to a private party will place additional value into the tax base. Motion -- Knight moved that the property be declared as surplus and designated as available -- carried for sale to the general public. Motion carried 6 to 0. (Rogers absent) SURPLUS PROPERTY LOCATED AT THE INTERSECTION OF ACADIA AND HALE AVENUE. Agenda Report No. 96-646. The property is legally described as Lot 9, Block 4, Country Acres 2nd Addition except the Easterly 30 feet retained for drainage. This property was originally purchased July 12, 1962 from the Country Acres Improvement District for a drainage easement. The present drainage canal is located on the Easterly 30 feet of the site. It seems that the remaining area of the land is not needed and may be declared as surplus. The site contains approximately 8,550 square feet. The site meets the minimum size requirement for construction of a single family dwelling. The adjacent homeowner has shown an interest in purchasing the property and improving it with a two car garage. All City departments and local government entities have been notified and have shown no interest in the property. Since there is no interest in retaining ownership, and because it is costly to maintain, it appears to be in the best interest of the public to declare the property as surplus and offer it for sale to the general public. The City will receive cash consideration for the sale of the property. The surplus and sale of this property to a private party will place additional value into the tax base. Motion -- Knight moved that the property be declared as surplus and designated as available -- carried for sale to the general public. Motion carried 6 to 0. (Rogers absent) WEAPONS DESTRUCTION WEAPONS DESTRUCTION. Agenda Report No. 96-647. The Police Department has requested authorization to destroy several weapons which have been confiscated in criminal activity and are no longer needed as evidence. City Code provides that weapons seized in connection with criminal activity shall be destroyed or forfeited to the Wichita Police Department. All transactions involving weapon disposal must have prior approval of the City Manager. A list of weapons being destroyed has been provided and includes a total of 194 handguns and 41 long guns. The destruction of the weapons will be witnessed and monitored by staff. Motion -- Knight moved that the list of weapons be received and filed. Motion carried -- carried 6 to 0. (Cather absent) PARK IMPROVEMENTS IMPROVEMENTS TO PAWNEE PRAIRIE PARK. (District V) Agenda Report No. 96-648. In 1994, $95,000 in general obligation bonds were approved for this project. An additional $5,326.65 is needed to complete the project to assist with construction of a wooden foot bridge and a low water crossing for pedestrian and equestrian use, and by extending the existing concrete walking path to the park's west shelter building. It is requested that $5,326.65 in funds remaining from the Park Department's completed 1994 CIP project at The Meadows, also in District 5, be transferred to Pawnee Prairie Park. A total of $95,000 was allocated in the Park Department's 1994 CIP to develop trails in Pawnee Prairie Park, make a portion of them totally accessible, and to construct a foot bridge and a low water crossing. Additional funding is required to complete these improvements. Since the 1994 CIP project at The Meadows has been completed and has $5,326.65 of the funds allocated for the project unspent, Park Department requests that these funds be transferred to the Pawnee Prairie Park project. The estimated cost to complete the project at Pawnee Prairie Park is $100,326.65. This cost reflects $95,000 in general obligation bonds sold for this project November 4,1994 and $5,326.65 transferred from The Meadows. Motion -- Knight moved that the Project be approved and the Resolution be adopted. Motion -- carried carried 6 to 0. (Rogers absent) RESOLUTIONNO. R-96- 308 A Resolution finding it necessary to make certain improvements to Pawnee Prairie Park and authorizing the issuance of bonds by the City of Wichita at large to finance such improvements, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. STORM SEWER IMPR. STORM SEWER IMPROVEMENTS IN THE AREA FROM KELLOGG TO SECOND STREET AND FROM WEST STREET TO THE ARKANSAS RIVER. (District IV and VI) Agenda Report No. 96-649. On March 5, 1996, the City Council authorized the Staff Screening and Selection Committee to select a design engineer for Storm Sewer Improvements in the Area from Kellogg to Second Street and from West Street to the Arkansas River. On June 14, 1996, the Staff Screening and Selection Committee selected Mid-Kansas Engineering Consultants, Inc. (MKEC) to perform the design engineering for the project. This is a Priority I project, as identified in the Comprehensive Master Stormwater Drainage Plan. The project will prevent flooding of private structures and public streets, reduce the negative traffic impact caused by flooded streets, reduce erosion, and help reduce detrimental effects to other infrastructure. The following street improvement projects are scheduled in the 1996-2005 Capital Improvement Program (CIP) and cannot be built and/or are dependent on the storm sewer improvements: Maple, Sheridan to Sycamore (CIP No. MS-433); Meridian, Maple to Central (CIP No. MS-477); and West Street, Maple to Central (CIP No. MS-9627). Payment to MKEC will be made on a cost plus percentage of cost basis not to exceed $280,000. The project budget is being initiated for $310,000 to provide sufficient funding for consultant fees, plus staff design review expenses. $250,000 is available in the 1996 CIP (CIP No. D-9204). $40,000 is available from underexpenditures in the Dry Creek Drainage Basin project (CIP No. D-9205), and $20,000 is available from underexpenditures in the Central Drainage Basin project (CIP No. D-9602). The funding source is Storm Water Utility. Motion -- Knight moved that the project be approved, the Resolution be adopted, and the Agreement be approved and the Mayor be authorized to execute. Motion carried -- carried 6 to 0. (Rogers absent) RESOLUTION NO. R-96- 309. A Resolution declaring it necessary to make storm sewer improvements in the area from Kellogg to Second Street and from West Street to the Arkansas River (Project No. 468-82620), in the City of Wichita, Kansas; and declaring it to be the intention of the City to issue General Obligation Bonds in an amount not to exceed $310,000 to pay all or a portion of the costs of such improvements, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. FIRE DEPT. PROJECTS CAPITAL IMPROVEMENT PROJECTS (FIRE DEPARTMENT). (a) Fire Facility Repairs and Modifications. Agenda Report No. 96-651. The projects replace the paved parking at Fire Station No. 1 (731 North Main), including provisions for handicap parking as required by the ADA, and replacement of the roof covering at Fire Station No. 12 (1903 West Pawnee). Total CIP funds requested for major building maintenance improvements is $120,000. The activities are provided for in the 1996 CIP (Project PB-9230). Financing will be by General Obligation Bonds. There is no impact on the Fire Department Operating Budget. Motion -- Knight moved that the project be approved and the Resolution be adopted; and the Staff Screening and Selection Committee be authorized to select an architect. -- carried Motion carried 6 to 0. (Rogers absent) RESOLUTION NO. R-96- 311 A Resolution of the City of Wichita, Kansas, declaring the necessity for, and authorizing, modifications, and repairs to and the remodeling, furnishing, and equipping of public bildings, and authorizing the issuance of General Obligation Bonds for the purpose of financing the costs thereof, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. (b) Fire Apparatus Replacement Program. Agenda Report No. 96-650. The Fire Department has developed a comprehensive Fire Apparatus Replacement Program. The acquisition of one replacement fire pumper and one mobile air and light truck are in accordinance with the Fire Apparatus Replacement schedule and is included in the 1996 Capital Improvement Program. The acquisitions are expected to provide an estimated fifteen years of front-line service, with an additional five years of reserve service. The pumper and mobile air and light truck are estimated to cost $502,000. Acquisition is included in the 1996 CIP (Project PB-9237). Financing will be through the sale of General Obligation Bonds. There is no impact on the Fire Department Operating Budget. Motion -- Knight moved that the project be approved and the Resolution be adopted; and the Staff Screening and Selection Committee be authorized to select an architect. -- carried Motion carried 6 to 0. (Rogers absent) RESOLUTION NO. R-96- 310 A Resolution declaring and providing for public notice of the Governing Body's intent to acquire certain firefighting equipment at an estimated cost of $502,000; and declaring it to be the intention of the Governing Body to issue General Obligation Bonds of the City of Wichita in an amount not to esceed $502,000 to pay the cost of such acquisition, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. KELLOGG/MAIN GATEWAY KELLOGG/MAIN GATEWAY. (District VI) Agenda Report No. 96-652. In January, 1996, the City Council approved a design project for the Kellogg/Main Gateway Project. Previously (August, 1995), Council approved a contract to provide public art work for the entryway. In August, 1995, the City Council approved a contract to provide public art work for the Kellogg/Main entryway. In January, 1996, Council approved a design project for landscaping and site preparation at Kellogg and Main. It is necessary to combine, by Ordinance, the Kellogg Improvement Projects (Kellogg, Sycamore to Emporia; and Kellogg, K-42 to Sycamore) to include the entryway project. Plans and specifications have been prepared for the project. This contract with Mid Kansas Engineering Company (MKEC) provides for construction engineering services for the project. The Contract will not exceed $42,200. Funds for the construction engineering contract are available in the existing project budgets. The funding source is Local Sales Tax. Motion -- Knight moved that Staff be authorized to advertise for bids; the Contract with MKEC be approved and the Mayor be authorized to sign; and the Ordinance be placed -- carried on first reading. Motion carried 6 to 0. (Rogers absent) ORDINANCE An Ordinance amending Ordinances No. 42-066 and 42-067 of the City of Wichita Kansas, declaring Kellogg (U.S. 54), from Emporia Avenue to an interchange at K-42 Highway, to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements on said main trafficway; setting forth the nature of said improvements, the estimated cost thereof, and the manner of payment of the same; and repealing the originals of Ordinances No. 42-066 and 42-067 of the City of Wichita, Kansas, introduced and under the rules laid over. DILLONS FACILITY TRANSFER OF DILLONS FACILITY AT 21ST AND OLIVER. (District I) Agenda Report No. 96-653. The Dillon Companies, Inc., has proposed to quitclaim to the City a property at 21st and Oliver, formerly used as a grocery store. By previous action of July 2, 1996, the City Council approved a letter of intent setting forth the terms upon which the City was willing to proceed toward accepting such a conveyance. The letter of intent allowed time for staff to conduct due diligence as to environmental matters and quality of title, up until August 2, 1996, with the conveyance to return to the City Council Agenda for final action on August 6, 1996, if staff found the condition of the property and title to the property to be satisfactory. After conducting a walk-through inspection, consulting public health and environmental records, and obtaining title work, the City's Property Management Department is satisfied that necessary conditions have been met and it is appropriate for the City to accept title to the property. Dillons will quitclaim its interest to the City with no representations or warranties of title, and no environmental indemnification. As of August 2, 1996 the City's Property Management staff are satisfied as to the quality of title and the condition of the property, and are ready to proceed toward closing on August 20, 1996, as provided in the letter of intent. Taxes on the property will be prorated to closing, and will be paid by Dillons for the period up to the City's acquisition of title. The City will incur minor financial costs associated with recording the quitclaim deed, and some additional costs associated with security and management of the property. However, these costs should be substantially outweighed by the value of the property interest the City will receive as a result of the proposed transfer. Any costs required for security and management should be recoverable from the future sale or lease of the property. The form of the deed will be a quitclaim only, and the City is relying upon the title work, rather than any representations by Dillons, as to the scope and extent of any interest that will pass to the City under the deed. Motion -- Knight moved that receipt of the proposed conveyance be approved and staff be -- carried authorized to accept the quitclaim deed. Motion carried 6 to 0. (Rogers absent) CHENEY AGREEMENT COST SHARE AGREEMENT FOR CHENEY RESERVOIR WATERSHED. Agenda Report No. 96-654. Cheney Reservoir is one of Wichita's major sources of water. It currently provides approximately 50% of Wichita's annual water supply, but during peak summer usage periods it provides near 60% of the water supply. In the future Cheney will play an even bigger role in meeting Wichita's water supply needs. On August 24, 1993 the City Council authorized staff to assist in submitting a grant request with the U.S. Environmental Protection Agency for a watershed improvement grant. As part of that action the Council approved the concept of the City assuming part of the cost share necessary to allow landowners to implement "best management practices" in the watershed. It has been determined that Cheney Reservoir has at least two significant pollution problems. One is sedimentation that washes into the reservoir from soil erosion. This sedimentation displaces water stored in the Reservoir, and is a major factor in determining the "life" of the Reservoir. The other problem is the amount of phosphates in the water. Measurements of phosphates in the North Fork of the Ninnescah River and in the reservoir indicate phosphate levels higher than desired for a water supply. High phosphate levels can lead to an increase in microscopic plant activity in a lake, and thus increased taste and odor problems in water from the lake. With the aid of a computer model that has been developed of the drainage basin above the Reservoir, potential pollution sites in the watershed have been identified, Best Management Practices that can help reduce the pollution from those sites have been established, and a Management Plan has been prepared for, and then approved by, the Kansas Department of Health and Environment. The Reno County Conservation District has acquired funds from the Water Resources Cost Share Program (WRCS) and the Non-Point Source Pollution Control Fund (NPS), that finances the installation of conservation practices that meet the goals of the Management Plan. Under these programs the producer can install Best Management Practices that will reduce pollution from their land and then apply for reimbursement. Under these programs the producer is eligible to receive reimbursement for 70% of the cost of those improvements. The intention of this MOU is to facilitate a means whereby the producer can receive 100% reimbursement by having the City of Wichita provide up to a 30% cost share for the improvements. Under these programs the producer would not be eligible for any costs that the exceed the County Average Cost for those improvements. While funds for this program were authorized for the Reno County Conservation District, administration of the funds will be through the Cheney Watershed Citizens Management Committee. This Committee, composed of landowners and producers in the watershed, are administering the Watershed Management Plan, and coordinating the efforts to promote the installation of Best Management Practices in the watershed. This funding agreement would help facilitate the creation of partnerships between the producers in the watershed and the City that will reduce pollution entering Cheney Reservoir. This year the other counties in the watershed, Stafford County, Pratt County and Kingman County, have also agreed to participate in the program. Projects completed in those counties will be submitted to the City through the Reno County Conservation District. There are several alternatives that the City could pursue in trying to reduce or eliminate pollution in Cheney Reservoir. 1) Participate in this program. The WRCS and NPS programs would provide 70% of the funds used to correct pollution problems in the basin, with the remaining 30% coming from the City. 2) Wait until the pollution problems are more severe. The City would stand the risk of not having any other funding sources participate in the cleanup of the drainage basin. Further customer dissatisfaction with taste and odor or the cost of treating the above would have a detrimental impact. 3) Forego any efforts to work in the basin, and only respond to the water quality in the Reservoir. Poor water quality in the Reservoir could be treated by using various methods of cleaning up the water, such as granular activated carbon, ozone or other such methods. The cost of these treatments could be as high as $800,000 per year to remove the materials in the water. This however does not remove the sediment coming into the Reservoir. To remove the sediment after it is in the Reservoir, and thus extend its life, would require that the sediment be dredged out of the Reservoir, a costly and environmentally destructive process. The maximum WRCS cost-share to a single producer in a fiscal year is limited to a total of $7,500, and the NPS Program is limited to $10,000. The amount calculated is based on the County Average Cost, or actual cost, which ever amount is less. In Reno County the amount of WRCS available in fiscal year 1997 is $140,083, and the amount of NPS available in fiscal year 1997 is $48,399. In Stafford County the amount of WRCS available in fiscal year 1997 is $47,611, and the amount of NPS available in fiscal year 1997 is $0. In Pratt County the amount of WRCS available in fiscal year 1997 is $36,993, and the amount of NPS available in fiscal year 1997 is $28,000. In Kingman County the amount of WRCS available in fiscal year 1997 is $26,397, and the amount of NPS available in fiscal year 1997 is $40,000. The cost share amount to a single producer in a fiscal year of City funds shall not exceed $3,215 for WRCS and $4,286 for the NPS Program in fiscal year 1997. Total costs to the City shall not exceed $107,607 for WRCS and $49,885 for NPS in fiscal year 1997. These program are part of a total program in the watershed that is estimated to cost $3,481,400 over a 6 six year period that started in fiscal year 1995. Other sources of funding include the EPA, the State Water Plan, the USDA (WQIP $350,000 and ACP Special Projects), as well as the City of Wichita. This would diversify the cost of any cleanup projects among numerous funding sources. The City of Wichita has budgeted to provide $200,000 per year over the next five years in the CIP in W-500. Motion -- Knight moved that the Memorandum of Understanding be approved and the Mayor be -- carried authorized to sign. Motion carried 6 to 0. (Rogers absent) CIMMARON ACQUISITION REINSTATE AND EXTEND LETTER OF INTENT FOR MULTI-FAMILY HOUSING REVENUE BONDS IRB (CIMMARON ACQUISITION, INC.) (District V) Agenda Report No. On November 14, 1995, Cimmaron Acquisition, L.P., a Missouri Limited Partnership, was issued a Letter of Intent for multi-family housing revenue bonds in an amount not to exceed $2.5 million. The bonds will finance the acquisition and rehabilitation of the Cimmaron Apartments, a proposed multi- family housing project for low and moderate income families, located at 734 North Ridge Road. The Letter of Intent expired on May 14, 1996. Cimmaron is requesting that the Letter of Intent be reinstated and extended to November 14, 1996. The Cimmaron Apartments are a 132-unit apartment complex located in west Wichita on approximately 5.8 acres of land near Central and Ridge Road. The property consists of 9 apartment buildings with a total of 103,532 s.f. of leasable space and includes an office, laundry facilities, a fenced playground and a swimming pool. Each unit has a patio or balcony. The project is in need of exterior improvements, including parking lot repairs, painting, roofs, and concrete work. The interiors need new appliances and carpeting. Cimmaron Acquisition, L.P. is a Missouri Limited Partnership organized to acquire, develop and operate this project. The partnership is an affiliate of KelCor, Inc. which has developed similar projects including the 82-unit Bannister Arms Apartments in Kansas City, Missouri and the 170- unit Oakbrook Apartments in Topeka, Kansas. The project is designed and intended to meet the federal tax code requirements for tax-exempt bonds issued for a "qualified housing project." At least 20% of the units (27 units) will be reserved for families and individuals that meet low income requirements prescribed by the tax code. In Wichita, that generally means a family with a combined gross income of less than $20,000 per year. While low income tenants will receive preference in the rental of the qualified units, there will be no rent subsidy resulting from the bonds and all tenants will be subject to the same criteria for acceptance as tenants. The total estimated costs of the project, and the sources of funding are as follows: Sources of Funds Bond Proceeds $ 2,500,000 Borrower's Equity 800,000 Total Sources of Funds: $ 3,300,000 Uses of Funds Acquisition of Cimmaron $ 2,100,000 Rehabilitation Costs 500,000 Bond Reserve 200,000 Credit Enhancement 100,000 Cost of Issuance 100,000 Miscellaneous 300,000 Total Uses of Funds $ 3,300,000 The bond issue will be guaranteed by FNMA and will be rated triple A. It is anticipated that the bonds will be purchased by Geo. K. Baum, Newman Company and/or John McVey. Bond Counsel for the transaction is the firm of Hinkle, Eberhart & Elkouri, LLC, Wichita. Cimmaron Acquisition agrees to submit an Equal Employment Opportunity/ Affirmative Action Plan and a Water Conservation Plan to the City as a condition for the issuance of the bonds. Cimmaron Acquisition, agrees to pay all costs of issuing the bonds and to pay the City's $2,500 annual administrative service fee for the term of the bonds. Cimmaron Acquisition does not request an abatement of ad valorem property taxes in conjunction with the issuance of the bonds. Motion -- Knight moved that Letter of Intent to Cimmaron Acquisition, L.P., for Multi-Family Housing Revenue Bonds in an amount not to exceed $2.5 million be reinstated and extended to November 14, 1996, subject to the original conditions. -- carried Motion carried 6 to 0. (Rogers absent) ENVIRONMENTAL EDUCATION FALL ENVIRONMENTAL EDUCATION CONTRACT. Agenda Report No. 96-656. In May, the City Council approved a contract with the firm of On The Lake Creative Services to handle media planning and placement for the Summer Environmental Education Campaign. The summer media campaign is scheduled to run until the end of September. Staff is now planning and designing the Fall Environmental Education effort. The City's Environmental Education Program will shift from a summer seasons campaign to a year-around effort, allowing environmental messages to reach people in a consistent manner all year long. Specific and varied messages will be adapted to fit the particular season or time of year. The advertising budget will be planned in advance and programmed throughout the year. Based on the viewing numbers and positive and public acceptance of the media campaign during the summer months, Staff proposes extending the contract with On The Creative Lake Services to handle media planning and placement for the remainder of the year. On The Lake Creative Services will: (1) recommend programs and placement so environmental messages reach the target audience; (2) negotiate advertising rates and contracts on behalf of the City; (3) analyze demographic information and audience ratings to ensure messages reach the number of people expected and; (4) pay media advertising bills for the City. Approval by the City Council will extend the current contract to cover the remainder of 1996. Requests for Proposals will be solicited from local advertising agencies for the 1997 program. The advertising budget for Fall 1996 is $120,000, funded from the Environmental Trust Fund and Water Conservation Fund. The City Budget allocates $300,000 a year for environmental and water conservation advertising. Motion -- Knight moved that the contract extension with On The Lake Creative Services for the remainder of the year be approved and the Mayor be authorized to sign. -- carried Motion carried 6 to 0. (Rogers absent) LABORATORY CONTRACT LABORATORY CONTRACT - ENVIRONMENTAL SAMPLES. Agenda Report No. 96-657. A contract for laboratory services with Continental Analytical Services, Inc., of Salina, Kansas, has existed since January 2, 1992. By mutual agreement, the contract was extended until January, 1996. A request for proposals (RFP) was completed and proposals were evaluated resulting in the recommendation of Continental Analytical Services, Inc. to be the contract laboratory for the Health Department and the Water and Sewer Department. The contract is for two years from the date of the contract award, subject to three, one year renewals. Total annual costs will vary with the number of samples which may be required. Motion -- Knight moved that the Contract be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Rogers absent) ENTRIKEN CONTRACT CONTRACT FOR PROFESSIONAL SERVICES - HUMAN SERVICES DEPARTMENT. Agenda Report No. 96-658. Cindy Entriken successfully completed tasks in a six-month contract to work as a consultant to monitor the progress of six housing projects funded with HOME funds. The Department of Human Services would like to renew the contract for an additional six months to continue servicing the HOME projects. The projects under this contract include the construction phase of the Mental Health Association Pinecrest develoment, the rehabilitation phase of the Market Street Studio Apartments, the completion of the Granville Park development, lease of the Spruce Duplex and tenant selection process, Wichita Indochinese Center and Mennonite Housing Planeview Project, Midtown North Project, Timbers renovation, South Beech Apartment Project, Piatt Manor Project, and Country Acres Senior Residences. The Contract is for $12,000 for professional services and $300 for mileage and parking reimbursement. Funds for the contract are available as another budget has been charged for salary expenses for the Housing Specialist. Motion -- Knight moved that the Contract be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Rogers absent) COUNSEL CONTRACT EMINENT DOMAIN OUTSIDE LEGAL COUNSEL. Agenda Report No. 96-659. Significant real property transactions and claims because of the impact of the change in the nature of the highway will have on adjacent property owners are anticipated in connection with the conversion of U.S. Highway 54 (Kellogg) to a limited access expressway. Further, because of the City's role in stimulating downtown, Old Town, and East Bank development, it is anticipated the efforts will result in significant real property purchases or acquisitions by eminent domain for redevelopment purposes. A Request for Proposals (RFP) and analysis was completed and the firm of Hinkle, Eberhart, and Elkouri was recommended by the Special Review Committee and the City Manager. If a situation arises where the Hinkle firm has a conflict of interest (there are no known conflicts at this time), it was recommended that the firm of Morris, Laing, Evan, Brock & Kennedy be retained to handle such conflict of interest cases. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Rogers absent) ADDENDUM ITEM 34a MOU - INMATE LABOR MEMORANDUM OF UNDERSTANDING - COOPERATIVE INMATE LABOR PROGRAM. Agenda Report No. 96-502. On June 18, 1996, the City Council approved a cooperative inmate labor program and authorized Staff to negotiate an agreement with the Department of Corrections and the Winfield Correctional Facility. The proposed Memorandum of Understanding with the Winfield Correctional Facility (through the Kansas Department of Corrections) governs the terms and conditions of the cooperative work program. Workers will be transported by the City utilizing MTA buses and/or vans. Workers will not be used for hazardous work or for projects to displace City employees. Qualified Citysupervisors will oversee the workers. The City will not compensate inmate workers. The Winfield Correctional Facility will offer incentive pay to inmate laborers. All tools, materials and supplies will be provided by the City. The City will assume legal responsibility for the program. Motion -- Knight moved that the Memorandum of Understanding be approved and the necessary -- carried signatures be authorized. Motion carried 6 to 0. (Rogers absent) ORDINANCES SECOND READING ORDINANCES. (First Reading 7/30/96) ORDINANCE NO. 43-180 Battery An Ordinance amending Section 5.10.020 of the Code of the City of Wichita, Kansas, pertaining to battery, and repealing the original of said Section, and creating Section 5.10.025 pertaining to domestic battery of the Code of the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. ORDINANCE NO. 43-181 Restraining Orders An Ordinance creating Section 5.69.010 of the Code of the City of Wichita, Kansas, pertaining to the violation of protective orders, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. ORDINANCE NO. 43-182 Definitions An Ordinance amending Section 1.06.010 of the Code of the City of Wichita, Kansas, pertaining to definitions and repealing the original of said Section, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. ORDINANCE NO. 43-183 119th Street Bridge An Ordinance declaring the 119th Street Bridge over the Calfskin Creek (472-82746) 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 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. ORDINANCE NO. 43-184 37th Street Bridge An Ordinance declaring the 37th Street Bridge over the Little Arkansas River (472-82736) 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 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. ORDINANCE NO. 43-185 Zoo Boulevard An Ordinance declaring Zoo from 13th to Windmill Road (472- 82748) 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 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. ORDINANCE NO. 43-186 Meridian An Ordinance declaring Meridian from Maple to Central (472- 82740) 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 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. ORDINANCE NO. 43-187 Corridor Studies An Ordinance declaring the corridor studies: Central, I-235 to Tyler (472-82739); 13th, McLean to I-135 (472-82741); Hillside, Kellogg to 21st (472-82742); Rock Road, south City Limits to north City Limits (472-82744); I-235 Connector to Ridge Road (472-82743); and Pawnee, George Washington Boulevard to McLean (472-82747) 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 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. ORDINANCE NO. 43-188 Annexation A 96-18 An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. A 96-18 (The General Tax Levy, Gilbert & Mosley, and North Industrial Corridor Ordinances will be on second reading on August 13, 1996.) PLANNING AGENDA Marvin Krout Director of Planning stated that the Planning Agenda could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Kamen moved that the Planning Agenda Items be approved as consensus Items. -- carried Motion carried 6 to 0. (Rogers absent) V-1975 V-1975 - VACATE A PORTION OF A 20-FOOT DRAINAGE EASEMENT LOCATED IN AN AREA SOUTH OF HARRY AND EAST OF 143RD STREET EAST. Agenda Report No. 96-660. Staff Recommendation: Approve vacation of a 20-foot drainage easement. MAPC Recommendation: Approve vacation of a 20-foot drainage easement. The request for vacation is located on property outside the City but within three miles thereof. As such, no petition, publication of notification, or public hearing was required. Motion -- carried Knight moved that the request be approved. Motion carried 6 to 0. (Rogers absent) S/D 96-23 S/D 96-23 - PLAT OF THE HOME DESIGN CENTER THIRD ADDITION LOCATED NORTH OF 29TH STREET NORTH AND EAST OF ROCK ROAD. (District II) Agenda Report No. 96-661. Staff Recommendation: Approve MAPC Recommendation: Approve plat. (unanimous) A petition, 100%, has been submitted for sanitary sewer improvements. A Certificate of Petitions has also been submitted. This site is within the noise impact area of McConnell AFB and an avigational easement and restrictive noise covenant were required. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Sewer 100 Percent Petition for construction of Lateral 70, Main 22, War Industries Sewer (north of 29th Street North, east of Rock) Project No. 468-82634 ($20,000 S.A.) (Hold for construction) Documents Avigational easement, certificate of Petitions and restrictive covenant from Michigan National Bank and Willialm R. and Linda Cary. Motion -- Kamen moved that the Petition be approved and the Resolution be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 6 to 0. (Rogers absent) RESOLUTION NO. R-96- 312 Resolution of findings of advisability and Resolution authorizing construction of Lateral 70, Main 22, War Industries Sewer (north of 29th Street North, east of Rock) Project No. 468-82634 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. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. EXECUTIVE SESSION Motion -- Knight moved that the Council recess to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to pending litigation, potential litigation, and legal advice; personnel matters of non-elected personnel; preliminary discussions relating to the acquisition of real property for public purposes; and the regular meeting be resumed at approximately 1:00 p.m. in the City Council Chambers. -- carried Motion carried 6 to 0. (Rogers absent) RECESS Council recessed at 11:50 a.m. and reconvened in regular session at 1:07 p.m. Mayor Knight Mayor Knight announced that following Action would be taken as a result of the Executive Session. Motion -- Ferris moved that the City Manager be authorized to contract, in the next ninety days, not to exceed $60,000 for options for land deemed suitable for a transfer station or a landfill. The purpose is that if land specifically becomes available that is suitable for that use, that problems not be caused in trying to respond to the availability of that, and that the Manager would have the authority to go to the $60,000 amount. -- carried Motion carried 6 to 0. (Rogers absent) ADJOURNMENT The City Council meeting adjourned at 1:09 p.m. Pat Burnett City Clerk WORKSHOP: 1997-98 Budget/CIP PLANS AND SPECS. SUBDIVISION PLANS AND SPECIFICATIONS. a. 31st Street South Circle from the east line of Metro West Industrial Park Addition to and including the cul-de-sac in Metro West Industrial Park Addition (north of 31st Street South, west of West Street). (472-82056/763862/490489) Does not affect existing traffic. (Council approval date 08-21- 90) (District 4) b. Lateral 353, Southwest Interceptor Sewer to serve Northridge Lakes and Northridge Lakes 2nd Additions (east of Tyler, north of 21st Street). (468-82489/742833/480375) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 07-25-95) (District 5) c. Lateral 120, Westlink Sewer to serve Graf-Goldston and Graf-Goldston 2nd Additions (south of 21st, east of Maize). (468-82546/742783/480370) Does not affect existing traffic. (Council approval date 05-21-96) (District 5) d. Water Distribution System to serve Northridge Lakes Addition (east of Tyler, north of 21st St.). (448-88934/733386/470416) Does not affect existing traffic. (Council approval date 07-25-95) (District 5) e. Water Distribution System to serve Graf- Goldston and Graf-Goldston 2nd Additions (south of 21st, east of Maize). (448-88966/733287/470406) Does not affect existing traffic. (Council approval date 05-21-96) (District 5) f. Water Distribution System to serve Graf- Goldston 2nd Additon (south of 21st, east of Maize). (448- 88967/733295/470407) Does not affect existing traffic. (Council approval date 05-21-96) (District 5) g. Water Distribution System to serve Lot 1, Block 1, Graf-Goldston 2nd Addition (south of 21st, east of Maize). (448-88968/733303/470408) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 05-21-96) (District 5) h. Water Distribution System to serve part of Graf-Goldston and Graf-Goldston 2nd Additions (south of 21st, east of Maize). (448-89030/733311/470409) Does not affect existing traffic. (Council approval date 05-21-96) (District 5) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., August 16, 1996. Motion carried 7 to 0. COUNCIL PROCEEDINGS JOURNAL 161 AUGUST 6, 1996 Page COUNCIL PROCEEDINGS JOURNAL 161 AUGUST 6, 1996 Page 426a