MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, July 25, 1995 Tuesday, 9:20 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cole, Ferris, Rogers; present. Council Members *Cather, Gale, Kamen; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Tom Schneider, Deputy City Clerk; present. The invocation was given by Robin McGonigle. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. (Later in the meeting the Council returned to approve the Council Minutes and action is shown in Agenda order.) (Council Member Cather present, Council Member Ferris absent) Minutes -- The minutes of the regular meeting of July 25, 1995, were -- approved approved 4 to 0. (Ferris, Gale, Kamen; absent) UNFINISHED BUSINESS (Council Member Cather absent, Council Member Ferris present) STORM WATER UTILITY STORM WATER UTILITY RATES. Motion -- Ferris moved that this Item be deferred one week. Motion carried 4 to 0. -- carried (Cather, Gale, Kamen; absent) ADDENDUM ITEM PROJECT 2000 REQUEST BY BIG BROTHERS & SISTERS TO APPROVE PROJECT 2000. Chris Cherches City Manager reviewed the Item. Big Brothers and Sisters of Sedgwick County requested approval of Project 2000 fundraising event. Local governmental approval is needed because state tax credits under the Kansas Community Service Program Act will be requested. An integral part of the application is the local government endorsement affirming that the proposed project activity does not conflict with existing plans and ordinances of the community where the project is located. This endorsement is required by law (SB 230) and a standard endorsement form is provided with the application. No application will be considered without the inclusion of the signed endorsement. In completing this form, the local government is simply stating that the activity being proposed by the organization is consistent with existing local plans and ordinances. The local government body is not obligated to fund, supervise or in any other way associate itself with the applicant agency and/or its project. Gary Rebenstorf Director of Law, responding to questions, explained the tax credit and stated that the City Council would not be taking a position or showing preference for one good request over another. *Council Member Cather present Nick Mork Nick Mork, Executive Director of Big Brothers and Big Sisters, stated that the tax credits are available to organizations for one-time projects that provide a significant impact to operations. A capital campaign to buy computers, phone system and other equipment is being undertaken to help serve more kids. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the Mayor be allowed to sign the request. Motion carried -- carried 5 to 0. (Gale, Kamen; absent) COUNCIL AGENDA PUBLIC SAFETY PRESENTATION FROM MAYOR'S COMMITTEE ON PUBLIC SAFETY. (Richard LaMunyon, Chairman) Mayor Knight Mayor Knight stated that the committee evaluated the Wichita Police Department over the last three months. Committee members were introduced. Richard LaMunyon Richard LaMunyon, Committee Chairman, stated that the intent of the committee was one of a constructive mode; to determine if there were problems and if so, what the issues were and what were some realistic approaches to resolving some of the issues. The committee first met on April 17, 1995. The challenge was to come up with an outline of short and long-term recommendations, which, after identifying the problem, would enhance the effectiveness and the efficiency of the Police Department. The committee took on the responsibility of looking into the current staffing arrangements within the department, the resources that were available to it, the supervision, the leadership style that existed, and to what level the morale issue was in terms of affecting the operation of the department. The committee was asked to review, study, and suggest ways to maintain, improve, and enhance the Wichita Police Department for the benefit of the community. Confidential meetings were held with the rank and file officers as well as command officers within the department. Six public meetings were held for citizen input. The command level officers were asked specifically to present their views concerning internal issues as well as issues and challenges within the community. Not only were they challenged to give some of the problems as they perceived them, but they were challenged to give some solutions. The meeting with the rank and file officers was confidential and resulted in candid and constructive discussion. A questionnaire was put together by Wichita State University staff to determine the officers' perception from where they were coming from, where the problems are, and what was going on internally within the department. The figures available concerning budgetary impact came from the City financial staff. The committee determined that the police department is hard-pressed to keep up with the demands placed on it and is literally overwhelmed in many areas. As a result of the survey, the committee concluded that the community is supportive in terms of what is wanted from the police department. In all areas, the community, as a whole, is very supportive of the police department, but they are demanding, as a whole, better service than is currently being provided. Citizens expressed concern for issues such as: 1) better response time to neighborhoods inasmuch as having a police officer sent when one is called and having the officer sent expeditiously; 2) the concept of community policing as implemented by the Council is being very well received in the areas targeted, but citizens outside the targeted areas are demanding similar service; 3) police response to the quality of life problems that occur throughout the city, such as vandalism, rowdy behavior on the part of youth, blatant drug abuse in neighborhoods with a perceived drug house not being dealt with, disturbances, threats, loud noises and music, many theft and car burglaries that are never responded to other than taking a report over the telephone; and 4) the real or perceived problem of 911 dispatchers being rude, disrespectful and uncooperative in many instances and not concerned about incoming calls. The committee recommends that the Police Department staff meet with the necessary 911 people and fix the problem if it exists; if there is not a problem, there should be public relations communication. 4) Quicker follow-up by detectives on property crimes, which are perceived to have a lower priority than a high media event type crime, such as a drive-by shooting. There is some truth to the perception because there are not enough detectives, equipment, and resources to satisfy the demand. 5) The Citizen Police Academy program is very good and enlightens citizens as to the operations of the Police Department. Academy members and other citizens raised the issue that the Department is sorely lacking in areas of the latest technology available to do their job. The committee suggests that updated equipment, vehicles, radios, radio channels, computers, and fax machines are needed by the Police Department. The committee made recommendations for short term and long term changes, including some immediate changes for 1995 and changes in 1996 and 1997. There is a definite need to increase departmental staffing and the committee recommends that the patrol beats be increased over the next two to three years from the current 36 to 48 and then to 54, depending upon the time of day. It should not be dictated to the police where the beats are placed. Further recommendations include that more officers be promoted to the rank of detective for faster follow- up. A much improved relationship with the public is necessary because the community is losing confidence from the inability to interrelate with the department. The following immediate steps are recommended: 1) Community policing be integrated into patrol operations city-wide. The current dilemma within the department is that there is no communication between community police officers and regular beat officers. Information from police staff is that with community policing officers currently on board and with those being trained, there is the ability to implement the community policing concept city-wide by allowing community policing to be a part of the patrol operation function. A caution to be heeded is that although community policing is a good concept, it does not replace aggressive patrol tactics in certain areas. 2) The four substations are not being used adequately in terms of police operations; the current patrol operations either come out of the west or east substations and the north and south substations are used only for specialty units of community policing and are not functional for the communities. The suggestion is to go to a quadrant system whereby patrol officers, community policing officers, and other units operate out of each community building so citizens have access to those facilities and can deal with whatever issue they have. Captains, who are designated area commanders, must have the responsibility to control their environment and resources under their control. 3) Add six detectives plus support people in 1995, six in 1996, and six in 1997. 4) Immediate enhancement of SPIDER operations in the records section. Valuable resource time is being wasted by officers waiting in line on the radio trying to get information. By adding two operators and one console, more efficiency from people in the field will be possible. 5) The former Master Police Officer position should be re-instituted. Certain officers in the field would be upgraded with the same rank and pay as a detective and would be allowed to be training officers, lead officers in the field, and to do certain basic laboratory functions at the scene of a crime. 6) Reinstate the position of Administrative Assistant to the Chief. This civilian position would assist the Chief in areas of budgets, monthly reports, developing federal and state grants, in planning and research aspects, and the coordination of law enforcement functions throughout the state and country. 7) Increase specialized and in-service training. Areas other than the state required training within the department are deficient, such as interviewing techniques for detectives, hostage negotiations skills, bomb unit qualifications, and special tactical unit training. According to the figures received, the budget impact for 1995 would be slightly under $500,000; in 1996, about $3.5 million; in 1997, about $6 million. The current police staff is in agreement with the committee's recommendations on staffing. Regarding non-budget items, the committee found that some of the current policies within the department inhibit the maximum use of personnel. Specialized units are a necessity, but when over-specialization occurs and everybody is doing their own thing, a specialist cannot be used in other areas resulting in a waste of manpower. The reporting procedure needs to be reviewed immediately because it is causing problems within the Police Department and in the courts. The current training academy, curriculum, and instructors are among the best in the country. The facility is combined with the Sheriff's Department and resources of the police, sheriff, and statewide trainers are utilized. With the current policy, it takes nine months from the beginning of training to the time the officer actually hits the street alone. Basic training of about 20 weeks should be maintained but the 14 weeks that follow need to be re-evaluated. A system needs to be set up so that the training officer, with the concurrence of the supervisor, can evaluate trainees and determine when they are ready to go out alone. Foot patrol training is a waste of manpower and should be eliminated. The committee recommends a review of the overtime issue in terms of how it is allocated to the Department having to do with criminal investigation field operations. The Neighborhood Watch program was suggested for review with the possibility of putting it under the Citizen Police Academy, Citizen Participation Organization, or some other volunteer group. The Police Laboratory has some very serious problems and there are issues which need to be addressed. Using civilians in certain instances is cost effective; in other instances it actually costs more money. The specialists need to be looked at because of the lack of back-up. The laboratory issue needs serious review. The coroner is in the process of developing an area-wide regional lab for coroner activities. The Police Lab in the past has been involved in a process to coordinate with the coroner but presently has no input into the process. It is suggested that the Police Department take another look at the transferring of positions currently in the lab to the County and determine if that is what should be done. Departmental support staff and services pose issues that need to be addressed. More people are needed, but the need would be limited with the enhancement of certain technology and equipment. One problem is with second watch officers getting off duty and not having time to call reports in or to cut cases, being forced to wait to get into the records section, all the while being paid overtime. A great morale issue is the Internal Affairs (IA) section. It is recommended that IA be under the jurisdiction of the police chief. Currently, the issue of captains not being able to discipline officers is causing serious problems. Discipline going through the protocol established takes three to six months, which is too long. The committee recommends that the current disciplinary policy should be changed immediately. The promotion policy needs to be reviewed. Candidates for promotion are chosen from the top 25 percent on the list, choosing the first on the list and working down as vacancies occur. The system should go ahead and pick from the top 25, but the command should be allowed to make the decision. The minority quota policy whereby, on the fourth quarter of each year, the top 25 percent is not used but rather the list is utilized to find a minority for promotion is unfair to the minority member and is a morale issue with the other officers. The committee recommends a 30 minute squad meeting which can be worked out with minimal budget impact. The institution of squad meetings adds to the need for video and audio equipment so that all squad rooms have the same information from the same person at the same time. The Traffic Safety Officer program needs to be reviewed inasmuch as the officers are being utilized as police officers in many instances without authority to do so. The priority call list needs to be revisited and needs to be worked out with the police staff and with community involvement. Once priority calls are determined, the priority call system needs to be relayed to the 911 dispatchers so they have a clear understanding of when an officer should be sent. The committee suggests that the Department needs to enhance its image within the community. A community relations/media relations officer position could be created, the function could be handled out of the Chief's office, or someone could be designated on a rotating basis. Concern for lack of internal communications was voiced by the officers and employees. The committee found the department dysfunctional insofar as every entity within the Department is doing its own thing without being included in the whole picture. It is recommended that the Department keep a good relationship with the FOP. The committee believes that strong, effective leadership is the key to improving the effectiveness, efficiency, and morale of the department. The Department has been sorely lacking in leadership and clear direction. It is hoped leadership will be given the highest priority in selecting the new police chief and that the chief will be responsible for all department operations and, as such, will be allowed to run the department and held accountable for everything that occurs within the Department. The committee believes that if the City Council takes the recommendations presented, the Department will move in a very positive direction in the immediate future. It is imperative that an accountability system within the Department be developed. Each member of the Department should be expected to significantly improve services and performance, along with the responsibility to dramatically improve the Department's relations with the public. The Department members should be more accountable to the Council, the City Manager, and to the community they serve. Accountability is a key component. The committee realizes that the recommended staff additions and other changes will have an impact on the 911 system, the City Law Department, Municipal Court, Sedgwick County District Attorney's Office, and the Sheriff in terms of jail concerns. It is suggested that a method of accountability would be for the Council or Mayor to reconvene this or another committee to update the progress and report findings. Mayor Knight Mayor Knight stated that in his memory of service in public service, he could not recall a time when the Wichita Police Department has had the benefit of the kind of analysis as presented by the committee. The community now has a good benchmark to make decisions from. Tom Burnett President of FOP said the report submitted by the committee is one of the most thorough investigations of the Wichita Police Department. Regarding some of the findings of the committee, citizen demands for service have significantly increased, but the Department's staffing has not kept pace. The quality of law enforcement has deteriorated. The committee's recommendations must be implemented if the spiraling decline is to be reversed. The four substations are one of the best resources the City has, but the way they have been used is outrageous. Police officers who are assigned to an area must work out of the substation located in their area. The substations are not needed for specialized units. Complaint detectives should be put at each substation. The FOP is willing to work with the City Council on issues affecting the men and women of the Department. Council Member Rogers momentarily absent. The report prepared by WSU and the Mayor's committee reinforces the need for effective and strong leadership. The Department needs a chief of police who commands the respect of all of the Department. There is a perception in the Police Department that the Department is being run by the City Manager's office and not by the police chief. It might be time for the chief of police to be appointed by and answer directly to the City Council and the Department's budget be set by and controlled by an independent panel made up of local professionals who are appointed by the Council. Mayor Knight Mayor Knight inquired if anyone wished to be heard. K.D. Davis K.D. Davis stated that the committee refused to hear his complaints and voiced his concern for the citizenry. Council Member Rogers Council Member Rogers said one of the first things the Police Department needs to look at adjusting is in the philosophy to serve, respect, and protect. Every member of the Police Department has to be an ambassador for public relations. Potential should be maximized. A part of what the Police Department can do is to be conscious of the need to help and do more and that it is necessary for public safety reasons to assist other people when possible. Through various programs, the Department can indicate to citizens the reasonable ways to assist other people. Law enforcement and public safety are not interchangeable terms and the hope is that most citizens would begin to think in terms of public safety, rather than just in terms of law enforcement. Law enforcement is a part of public safety; the total population in not really involved in law enforcement, but rather in public safety. A leadership role should be taken in indicating to the general population whether the issue is law enforcement or public safety. Council Member Cole Council Member Cole stated that the recommendations of the committee are one of three pieces to public safety and is an excellent beginning. Recommendations on the Municipal Court will be coming to the Council in the future. There are real frustrations of officers who apprehend individuals but feel that the court system, in many ways, fails them miserably. Council Member Cather Council Member Cather said that the second step of the process will be receiving the report of the Municipal Court committee and looking at park problems. The third step is the medias duty to get information out, but every single member of the citizenry in Wichita needs to take a hand in public safety. Motion -- Knight moved that the report from the committee be received and filed. Motion -- carried carried 5 to 0. (Gale, Kamen; absent) K-96 BYPASS NAMING NAMING OF K-96 BYPASS. (Requested by Mayor Knight) Mayor Knight Mayor Knight inquired of the Council whether to continue the process of naming K-96 the Robert Brown Memorial Highway or whether to consider a more suitable recognition of Bob Brown. Without permission to name a state highway, action should be taken to remove the signs and move onto a more suitable recognition. Motion -- Rogers moved that the Council retain the previous designation which was the Northeast Expressway and find a more appropriate way of providing a suitable recognition within the City of Wichita for Mr. Brown. Council Member Ferris Council Member Ferris agreed that Mr. Brown is not being given the distinction he deserves by the controversy generated. The actual name of the road is the K-96 Bypass and not the Northeast Expressway; the Council should get out of naming state highways and remember this lesson and never do it again. Amendment -- Rogers, with consent of the second, amended the motion to state that the name of the highway remain as designated by the state. Mayor Knight Mayor Knight stated that the intention was to honor Bob Brown and that a special and suitable recognition should be found and decided upon with finality. -- carried Motion as amended carried 5 to 0. (Gale, Kamen; absent) RECESS The City Council recessed at 10:50 a.m. and returned at 11:10 a.m. Council Members Ferris, Gale, Kamen; absent) CONSENT AGENDA Knight moved that the Consent Agenda be approved in accordance with the recommended action shown thereon. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED JULY 17, 1995. At 10:00 a.m., Friday, July 14, 1995, pursuant to advertisements published, bids were received, publicly opened, read aloud and tabulated for the Board of Bids and Contracts: (Ref: Bid analysis report attached to Board of Bids Minutes 7/17/95) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Storm Water Sewer #434 to serve Reflection Ridge Seventh and Eighth Additions (south of 29th Street North, east of Tyler). (468-82213/750646/485100) Does not affect existing traffic. (Council approval date 04-21-92) AND Storm Water Sewer #459 to serve Reflection Ridge Seventh and Eighth Additions (south of 29th, west of Ridge). (468-82460/750653/485101) Does not affect existing traffic. (Council approval date 03-21- 95) (District V) Utility Contractors - $148,195.00 (468- 82213) $ 58,673.50 (468- 82460) $206,868.50 (Aggregate Total) Custer Avenue from the north line of 18th Street North to the south line of McLean Boulevard, in Charles Addition (east of Sheridan, north of 13th). (472-82510/762872/490390) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 11-01-94) (District V) Cornejo & Sons - $46,574.00 Knight moved that the contracts be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign the contract for the City. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) CITY MANAGER/CENTURY II: STAGE LIGHTING INSTRUMENTSAS PER SPECIFICATIONS Associated Theatrical Contractors - $25,250.00 CITY MANAGER/CENTURY II: ROOM DARKENING CURTAINS FOR THE EXHIBITION HALL AS PER SPECIFICATIONS Theatrical Services, Inc. - $18,796.00 CITY MANAGER/CENTURY II: PORTABLE STAGE PLATFORMAS PER SPECIFICATIONS Wenger Corporation - $22,878.00 FIRE DEPARTMENT: SCBA UNITS AND SPARE SCBA CYLINDERSAS PER SPECIFICATIONS Interspiro, Inc. - $76,560.00 VARIOUS DEPARTMENTS, BOARDS AND AGENCIES: FIRE APPARATUS HEAVY TRUCK TIRES AS PER SPECIFICATIONS Wiechman-Bush Tire, Inc. - Item 1 - $ 177.00 per each - Item 2 - $ 205.00 per each - Item 3 - $ 260.00 per each - Item 4 - $ 298.00 per each - Item 5 - $ 279.00 per each - Item 6 - $ 309.00 per each - Item 7 - $ 135.00 per each - Item 8 - $ 179.00 per each - Item 9 - $ 211.00 per each - Item 10 - $ 229.00 per each Total Net Bid - $19,654.00 POLICE DEPARTMENT: 9MM PISTOLS AS PER SPECIFICATIONS National Police Supply - $20,747.05 (Total Net Bid) WATER & SEWER DEPARTMENT/SEWER MAINTENANCE DIVISION: MANHOLE FRAMES AND COVERS AS PER SPECIFICATIONS Hajoca Corporation - Item I - $149.50 per each - Item II - $215.00 per each VARIOUS DEPARTMENTS, BOARDS AND AGENCIES: AIR CONDITIONING/FURNACE FILTERS AS PER SPECIFICATIONS KETCH (Kansas Elks Training Center for the Handicapped) - Item 1 - $ .90 per each - Item 23 - $1.10 per each - Item 2 - $ .90 per each - Item 24 - $1.10 per each - Item 3 - $ .90 per each - Item 25 - $1.10 per each - Item 4 - $ .90 per each - Item 26 - $1.10 per each - Item 5 - $ .90 per each - Item 27 - $1.10 per each - Item 6 - $ .90 per each - Item 28 - $2.50 per each - Item 7 - $ .90 per each - Item 29 - $2.75 per each - Item 8 - $ .90 per each - Item 30 - $3.50 per each - Item 9 - $1.80 per each - Item 31 - $3.00 per each - Item 10 - $ .90 per each - Item 32 - $4.00 per each - Item 11 - $1.85 per each - Item 33 - $4.00 per each - Item 12 - $ .95 per each - Item 34 - $4.00 per each - Item 13 - $2.00 per each - Item 35 - $2.50 per each - Item 14 - $2.00 per each - Item 36 - $3.00 per each - Item 15 - $2.00 per each - Item 37 - $5.00 per each - Item 16 - $2.00 per each - Item 38 - $6.00 per each - Item 17 - $1.50 per each - Item 39 - $2.90 per each - Item 18 - $1.50 per each - Item 40 - $3.20 per each - Item 19 - $1.10 per each - Item 41 - $4.00 per each - Item 20 - $1.25 per each - Item 42 - $5.00 per each - Item 21 - $1.10 per each - Item 43 - $3.50 per each - Item 22 - $1.10 per each Knight moved that the contracts be awarded as outlined above, same being the lowest and best bid. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) LICENSE APPLICATIONS APPLICATIONS FOR LICENSES. Adult Entertainment Valerie Washington X-citement Video220 E. 21st Street Retail Cereal Malt Beverage Renewal 1995 (Consumption on Premises) Dana Buckwalter Sky High Deli* 923 E. First New Operator 1995 (Consumption on Premises) Monca B. Reyna La Copa de Oro 3537 N. Broadway (Consumption off Premises) Roy E. Brockmeier Quik Trip #358 7120 W. 21st North New Establishment 1995 (Consumption on Premises) Lindsey H. Kon China Village, Inc.*7011 W. Central, #116 *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 4 to 0. (Ferris, Gale, Kamen; absent) PLANS AND SPECS. PLANS AND SPECIFICATIONS. a. Water Distribution System to serve Reflection Ridge Seventh Addition (south of 29th Street North, west of Ridge). (448-88899/732719/470349) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 03-21-95) (District V) 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., July 28, 1995. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) b. Storm Water Sewer #436 to serve Lot 2, Block 1, Comatara Power Center Addition (north of K-96, west of Rock Road). (468-82226/750687/485104) Does not affect existing traffic. (Council approval date 06-06-95) (District II) c. Tracy from the north line of St. Louis to the south line of Central in Park Wilde Addition (south of Central, west of West Street). (472-82537/762898/490392) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 11-29-94) (District IV) 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 4, 1995. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. Storm Water Sewer #434 to serve Reflection Ridge Seventh and Eighth Additions (south of 29th Street North, east of Tyler) - $202,060.00. (468- 82213/750646/485100) Does not affect existing traffic. (Council approval date 04-21-92) (District V) b. Storm Water Sewer #459 to serve Reflection Ridge Seventh and Eighth Additions (south of 29th, west of Ridge) - $113,900.00. (468-82460/750653/485101) Does not affect existing traffic. (Council approval date 03-21-95) (District V) c. deleted - rejected by board of bids d. Custer Avenue from the north line of 18th Street North to the south line of McLean Boulevard, in Charles Addition (east of Sheridan, north of 13th) - $59,400.00. (472- 82510/762872/490390) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 11-01-94) (District V) Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 4 to 0. (Ferris, Gale, Kamen; absent) STATEMENTS OF COST STATEMENTS OF COST (CHESNEY). a. Lateral 335, Southwest Interceptor Sewer to serve unplatted tracts. Financing to be issued at this time - $51,963.00. (468-82388/741959/480287) b. Storm Water Drain #106 to serve Kansas Surgery and Recovery Center Addition. Financing to be issued at this time - $116,637.00. (468-82392/750554/485091) c. Water Distribution System to serve Lake Ridge Commercial Second Addition. Financing to be issued at this time - $14,225.00. (448-88870/732537/470331) d. Water Distribution System to serve Crest Ridge Addition. Financing to be issued at this time - $42,068.00. (448-88869/732503/470328) e. Lateral 129, Main 4, Sanitary Sewer #23 Meadow Creek Addition. Financing to be issued at this time - $44,212.00. (468-82445/742213/480313) f. Lateral 83, Sanitary Sewer No. 23 to serve Harbor Isle Addition. Financing to be issued at this time - $171,435.00. (468-82405/742072/480299) g. Lateral 49, Main 3, Southwest Interceptor Sewer in South Seneca Gardens 2nd Addition and unplatted tracts. Financing to be issued at this time - $35,095.00. (468- 82363/741744/480266) h. Lateral 23, Main 1, Cowskin Interceptor Sewer to serve Miles Hidden Lakes Estates. Financing to be issued at this time - $222,800.00. (468-82374/741827/480274) i. Lateral 339, Southwest Interceptor Sewer to serve Westridge Village Addition. Financing to be issued at this time - $16,942.00. (468-82421/742148/480306) J. Main 16, Southwest Interceptor Sewer to serve North Lakes Addition. Financing to be issued at this time - $605,557.00. (468-82235/741629/480254) k. Water Distribution System to serve Pawnee Mesa Addition. Financing to be issued at this time - $52,336.00. (448-88853/732461/470324) Motion -- Knight moved that the Statements of Cost be received and filed and the City Clerk be instructed to prepare the proposed assessment rolls. Motion carried -- carried 4 to 0. (Ferris, Gale, Kamen; absent) PETITIONS PETITIONS (100%) FOR PAVING, SANITARY SEWER, AND WATER DISTRIBUTION SYSTEM TO SERVE PART OF FOREST LAKES ADDITION (NORTH OF 29TH STREET NORTH, WEST OF RIDGE). Agenda Report No. 95-588. The signature on the petitions represents 100% of the ownership in the improvement districts. Forest Lakes was platted in April 1993. The first phase of development was completed in the fall of 1993. The developer has submitted new petitions to reconfigure the next phase to improve access and visibility. The projects total $599,550. The funding source is Special Assessments. State statutes provide that the petitions are valid if signed by a majority of owners or by owners representing a majority of the improvement district area. Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted. -- carried Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) RESOLUTION NO. R-95- 309 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-88699 (north of 29th Street North, West of Ridge) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) Yeas: Cather, Cole, Rogers, Knight. RESOLUTION NO. R-95- 310 Resolution of findings of advisability and Resolution authorizing construction of Lateral 2, Main 17, Southwest Interceptor (north of 29th Street North, West of Ridge) Project Number 468-82300 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) Yeas: Cather, Cole, Rogers, Knight. RESOLUTION NO. R-95- 311 Resolution of findings of advisability and Resolution authorizing construction of Lateral 3, Main 17, Southwest Interceptor (north of 29th Street North, West of Ridge) Project Number 468-82301 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) Yeas: Cather, Cole, Rogers, Knight. RESOLUTION NO. R-95- 312 Resolution of findings of advisability and Resolution authorizing improving of Tee Time from the north line of 29th Street North to the north line of Lot 9, Block 2; Shady Lane from the east line of Tee Time to the east line of Lot 9, Block 1, and from the east line of Lot 9, Block 2, Project No. 472-82318 (north of 29th Street North, West of Ridge) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) Yeas: Cather, Cole, Rogers, Knight. RESOLUTION NO. R-95- 313 Resolution of findings of advisability and Resolution authorizing improving of Shadow Lakes from the west line of Lot 25, Block 3, and from the west line of Lot 12, Block 4, to the east line of Lot 24, Block 2, and the east line of Lot 15, Block 3; Tee Time from the south line of Lot 16, Block 2, and the south line of Lot 10, Block 4, to the south line of Shadow Lakes; and construct sidewalk on the north side of Shadow Lakes, from the west line of Lot 25, Block 3, to the east line of Lot 15, Block 3, Project No. 472-82319 (north of 29th Street North, West of Ridge) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) Yeas: Cather, Cole, Rogers, Knight. BOARDS MINUTES MINUTES OF ADVISORY BOARDS. Board of Electrical Appeals, 6/13/95 CPO East Council 2, 7/10/95 Wichita/Sedgwick County Metropolitan Area Planning Commission Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) EASEMENTS/DEDICATIONS EASEMENTS AND DEDICATIONS. a. Easement dated July 7, 1995, from Steven J. Martens for a tract in Mediterranean Plaza (Lateral 57, Main 22, War Industries Sewer, Index #742296) (no cost to City). b. Easement dated May 2, 1995, from John F. Regan for a tract in Home Design Center (Lateral 57, Main 22, War Industries Sewer, Index #742296) (no cost to City). c. Dedication dated June 26, 1995, from Werner & Rosalie Friess for a tract in the Southeast ¼, Section 24, Township 27 South, Range 2 West (119th Street Water, Index #633065) ($100 cost to City). d. Easements dated June 1, 1995, from Marvin Schellenberg for tracts in Reflection Seventh and Eighth (Storm Water Sewer #459, Index #750653) (no cost to City). e. Easements dated May 23, 1995, from Kelsey Investments & Paul Kelsey for tracts in Lark Addition (Lark Improvements, Index #763219) (no cost to City). Have been filed and recorded. f. Easement dated June 23, 1995, from R.B.R., Inc. for a tract in Lake Ridge Second (Lateral 1, Main 16, Southwest Interceptor Sewer, Index #742346) (no cost to City). Has been filed and recorded. Motion -- Knight moved that the documents be received and filed and the City Clerk be -- carried instructed to record with the Register of Deeds. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. There were no street closures/uses. PROPERTY ACQUISITION PAYMENT OF APPRAISERS' AWARD, FEES, AND COURT COSTS IN CONNECTION WITH EMINENT DOMAIN (CASE NO. 95C1056). Agenda Report No. 95-589. On April 17, 1995, the City filed an eminent domain proceeding to acquire seven tracts of land in connection with the Third Street Drainage Project. On July 5, 1995, the court-appointed appraisers filed their report in this case. Damages were assessed of $3,000 and $24,000 to the properties in which an easement was taken from the rear of the property (Tracts 10A and 17). Market value was established for the total takings for Tracts 7, 20A, 23, 30, and 35 at $12,500, $20,000, $31,000, $44,000, and $15,000 respectively. Total amount of the award is $149,500. Appraisers fees totaling $5,300 and assessed court costs of $66.50 were allowed. It is necessary to pay the sum of $154,866.50 to the Clerk of the District Court on or before August 4, 1995. The costs are to be charged to the Third Street drainage capital project. Motion -- Knight moved that payment to the Clerk of the District Court be authorized. -- carried Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) MOA - KELLOGG MEMORANDUM OF AGREEMENT FOR KELLOGG, HILLSIDE TO EDGEMOOR. (District II) Agenda Report No. 95-590. In June 1990, the Kansas Department of Transportation (KDOT) selected the Kellogg/Oliver Interchange as a System Enhancement Project. In April 1991, the City entered into an Agreement for the design and right-of-way acquisition with KDOT to provide for the construction of the project. Two Federal Demonstration Projects totaling $8,820,000 were authorized to assist the City with funding the right-of-way acquisition. In September 1993, the City entered into a Supplemental Agreement with KDOT which incorporates the federal money into the project. On October 4, 1994, the City Council concurred with the Memorandum of Agreement for Historical Properties for the Kellogg/Oliver Interchange Project, except for the Veterans' Administration site and the World War I monument at Kellogg and Bleckley. In accordance with Federal Historic Preservation regulations, the Federal Highway Administration (FHWA), Kansas State Historic Preservation Office, Veterans' Administration (VA), and the Advisory Council on Historic Preservation are asked to enter into the Memorandum of Agreement regarding the VA site and the World War I monument. Federal laws require that certain measures be carried out during the demolition or removal of structures at these sites. These measures include documentation and permanent recording of existing conditions prior to demolition or relocation, salvaging any elements that may be used for commemorative purposes, relocation of the World War I monument, salvaging roof clay tiles from the VA building, and developing and implementing a landscape plan. KDOT and the City are asked to concur with the Agreement covering the listed properties and the City's concurrence is required to maintain the project's eligibility to receive federal funds and permits the reconstruction of Kellogg, from Hillside to Edgemoor. The cost of the required historic measures is included in the existing project budget. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) BUREAU OF RECLAMATION COOPERATIVE AGREEMENT WITH THE BUREAU OF RECLAMATION FOR THE EQUUS BEDS RECHARGE AGREEMENT DEMONSTRATION PROJECT. Agenda Report No. 95-591. On February 7, 1995, Council approved, and instructed staff to implement, Phase I-Project 1 of the the City's adopted Water Supply Plan. This project is the next step in determining the feasibility of using water from the Little Arkansas River to recharge the Equus Beds wellfield. This is the key element of the Water Supply Plan, which will be used to meet the City's water needs up to the year 2050. At the time that this project was presented to the Council, staff was in the process of securing Federal participation in the project. The Department of the Interior, Bureau of Reclamation has offered to provide up to $500,000 in funding for this project. This grant, which is a 50% grant, can be used to fund many aspects of this project, including engineering costs, construction costs, and laboratory and sampling costs. The project is a five-year project, but the Assistance Agreement will be used to help fund only the first year of the project. With the assistance of the State's congressional representatives, additional funding is being sought to help fund the ensuing years of the project. The estimated cost of the City's participation in Phase I-Project 1 is projected to be $1,498,700. If this Assistance Agreement is used, the City's costs would be reduced by $500,000, to $998,771. Funding for this project is included in the CIP as project W-403. The demonstration project has a total authorization (for all five years) of $3,476,000. The 1995 authorization for this project is $2,500,000. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) CONTRACTS CDBG CONTRACTS: COLVIN CITIES IN SCHOOLS; YWCA WOMEN'S CRISIS CENTER; PROJECT FREEDOM FAMILY AND YOUTH COALITION. Agenda Report No. 95-592. The City Council, March 14, 1995, allocated CDBG funds to Wichita/Sedgwick County Cities in Schools, Inc. to assist the operation of a program at Colvin Elementary School. The Council also allocated CDBG funds to the Young Women's Christian Association (YWCA) to assist the operation of the Women's Crisis Center. The contract with Cities in Schools provides for the salary and some fringe benefits of the Site Coordinator and a portion of the cost for the Assistant Director. The contract with the YWCA provides staff and other operating costs.. The contract with Cities in Schools is for $39,000 and the contract with the YWCA is for $151,200. Motion -- Knight moved that the Contract be approved and the Mayor be authorized to -- carried execute. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) Agenda Report No. 95-593. The City Council, March 14, 1995, allocated CDBG funds to Project Freedom Family and Youth Coalition to develop a comprehensive family and youth substance abuse and violence prevention plan. The contract with Project Freedom provides funds for staff costs and some overhead expense. The contract with Project Freedom Family and Youth Coalition is for $70,000. Motion -- Knight moved that the Contract be approved and the Mayor be authorized to -- carried execute. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) CONTRACT WITH WICHITA CHILDREN'S HOME/FIRST STEP. (District I) Agenda Report No. 95-594. The Emergency Shelter Grant contract with Wichita Children's Home/First Step, in the amount of $14,500, provides funds for operation and payment of utilities at First Step located at 126 North Emporia. Motion -- Knight moved that the Contract be approved and the Mayor be authorized to -- carried execute. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) CONTRACT WITH HARBOR HOUSE. Agenda Report No. 95-595. On March 21, 1995, the City Council approved the Emergency Shelter Grant allocations to be included in the City's 1995/1996 Consolidated Community Development Plan. The Plan will provide funds for a number of homeless agencies for operations, essential services and homeless prevention. The contract before the Council is an Emergency Shelter Grant contract with Harbor House. The contract provides funds for operations and maintenance and homeless prevention. This contract is being executed in compliance with the U.S. Department of Housing and Urban Development (HUD) final approval July 7, 1995 of the City of Wichita consolidated Community Development Plan (CCDP). The contract amount is $14,500. Funds are available from the Stewart B. McKinney Homeless Assistance Act. Motion -- Knight moved that the Contract be approved and the Mayor be authorized to -- carried execute. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) PROPERTY DISPOSITION SURPLUS PROPERTY LOCATED AT THE NORTHEAST CORNER OF 13TH AND PAYNE. Agenda Report No. 95-596. The property is legally described as Lots 148-150, and Lots 152-154-156, and Lots 158-160 except beginning 25 feet East of the Northwest corner of lot 160, thence Southeast of a point 25 feet South of the North line, thence East to the East line, thence Northwest to the Northeast corner, thence West to beginning, 13th Street, Riverside Grove Addition. This property was originally purchased in 1924 for the opening and widening of 13th street from Garland Avenue to Carlos Avenue. Only part of this property is being considered for surplus. It is located on the northeast corner of 13th and Payne. The property is currently used for road right of way. Mr. Kevin Berry, who owns the property and residence adjacent to the site, has shown an interest in acquiring the land for additional yard space. The property will be surveyed in order for the City to keep any needed right-of-way for 13th street and any other easements of record. 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 as surplus and designated as available for sale to -- carried the general public. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) PROPERTY ACQUISITION DONATION OF PROPERTY FOR PARK USE. Agenda Report No. 95-604. The owners of an approximately 12 acre parcel at the southwest corner of Maple and 119th Street West and extending along Maple Street requested that the tract be upzoned with the intention of selling the site to a developer for construction of an assisted living care facility. The request was approved by the City of Wichita. Subsequent to the approval, owners of property within 200 feet of the subject parcel filed suit in District Court to revoke the zoning change. The owner, developer, adjacent property owner and City have arrived at a settlement satisfactory to all parties. The owner and developer will pay $7,000 to the adjacent landowner, the adjacent landowner will dismiss the court action, the owner and developer will consummate the sales transaction, and the developer will deed approximately four acres of the site to the City for park purposes. The property in question is a low area with about one-third in the 100-year flood plain. This property is adjacent to Meadows Park and will be incorporated into the park. On June 12, 1995, the Board of Park Commissioners voted unanimously to accept this donation. There will be some incremental maintenance costs involved in incorporating this parcel into Meadows Park. These costs will be absorbed into the Park Department's operating budget. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) CONVENTION & TOURISM WICHITA CONVENTION AND TOURISM BUREAU, INC. AUDIT REPORT FOR THE PERIOD JANUARY AUDIT REPORT 1, 1994 THROUGH DECEMBER 31, 1994. Agenda Report No. 95-597. Baird, Kurtz, and Dobson, Certified Public Accountants, prepared the report for the period of January 1, 1994, through December 31, 1994. The Report was approved by the C&T Committee at the June 19, 1995, regular meeting. Financial Statements disclose 1994 revenues were $1,154,422 and expenditures were $1,104,102. Revenues exceeded expenditures $50,320. The year-ending fund balance of $431,951 is equivalent to 37.4 percent of the annual revenues. Motion -- carried Knight moved that the Report be received and filed. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) LINCOLN STREET DAM LINCOLN STREET DAM REPAIRS. Agenda Report No. 95-598. On June 12, 1995, an inspection was done at the Lincoln Street Dam where mechanical failure was discovered. The steel hydraulic fluid holding tank had exploded and filled the control vault due to a power outage and mechanical equipment failure during the June 9 storm. All fluid was contained. This failure would not allow the dam to be raised or lowered. On the following day, expert engineers and mechanics were convened to analyze the situation with flood control staff. On June 14, 1995, staff notified the City's Safety officer, HAZMAT and Kansas Department of Health and Environment (KDHE) regarding the contained fluid spill problem at the Lincoln Street Dam. The Wichita Boat House was also contacted regarding the problem due to lowered water levels in the river. All pertinent parties met at City Hall on June 16 to discuss the plans for the emergency temporary repairs to the Lincoln Street Dam. Emergency repairs were made by City staff with direction from an expert mechanical consultant. They worked round-the-clock the weekend of June 17, 1995. After approximately 72 hours of work, the system was tested and in place. The temporary system can only be operated manually, and must be checked every other day. The temporary system is unable to maintain a pool elevation and gradually lowers itself a few degrees daily. Also, it must be constantly monitored during rainfall events to avoid flooding upstream, due to it's inability to adjust itself. The temporary system will remain in place with close supervision and constant maintenance until construction on a permanent system can begin in November or December. The State Fish and Wildlife staff has also requested that if we did any structural changes to the Lincoln Street Dam that we consider installing a fish ladder. A fish ladder allows the fish to travel farther upstream. Currently, the Lincoln Street Dam restricts the fish from migrating any farther upstream on the Arkansas River. This, however, is not a requirement of regaining the structural integrity of the dam. To assure public safety, we need to immediately address the permanent mechanical and structural repairs to the dam. Mid-Kansas Engineering Consultants, Inc. (MKEC) has been requested to furnish the professional services necessary to determine the engineering and estimated construction costs for the repairs to the dam and for a fish ladder. The cost is not currently budgeted for these repairs. However, the engineering and estimated construction costs were submitted to the budget office on July 5, 1995 in response to their request for one-time maintenance projects which could be funded with additional 1995 funds. The actual costs associated with the engineering and estimated construction costs for the repairs are listed below: Actual Estimated Engineering Construction Cost Cost Mechanical Repairs: $ 9,630.00 $ 160,000.00 Structural Repairs: $ 9,450.00 $ 250,000.00 Fish Ladder: $ 8,500.00 $ 50,000.00 The Finance Office suggests these costs should be funded as Capital Projects paid from debt service reserves in the General Debt and Interest fund. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to sign; and the funding source for design and construction costs be approved. Motion -- carried carried 4 to 0. (Ferris, Gale, Kamen; absent) PUBLIC ART/LANDSCAPING PUBLIC ART AND LANDSCAPING EXPENDITURES. Agenda Report No. 95-605. In 1991, the City Council approved a Public Art Plan, which allowed a line-item amount not exceeding 1% to be spent on public art in Capital Improvement Projects. The purpose of the plan was to provide a funding mechanism and outline specific processes for achieving the Public Art Board's mission. The City Council has requested information on the amount of money spent on public art and landscaping in the past three years and projections for public art and landscaping for future years. In addition, Council requested information on remodeling costs required and/or scheduled for American Disabilities Act (ADA) compliance. Not all projects in the CIP are designated to include public art. The project amount (listed below) includes only the CIP projects that have design or construction for public art or landscaping. The amount spent on the project includes funding from the Public Art Account and the Capital Improvement Program (CIP): Public Art Design and Construction Year CIP Project Amount Amount Spent Percentage of Project 1992 $18,920,777 $62,588 .33% of Projects 1993 $11,143,922 $81,695 .73% of Projects 1994 $24,822,350 $102,377 .41% of Projects 1995* $16,205,182 $90,106 .56% of Projects TOTAL: $336,766 .51% of Projects In addition, the following is the approximate amount spent on landscaping in Capital Improvement Projects: Landscaping Year CIP Project Amount Amount Spent Percentage of Project 1992 $18,920,777 $1,171,845 6.19% of Projects 1993 $11,143,922 $989,141 8.88% of Projects 1994 $24,822,350 $2,920,100 11.76% of Projects 1995* $16,205,182 $1,236,835 7.63% of Projects TOTAL: $6,353,520 8.62% of Projects *1995 figures to date. It is important to note that the CIP total does not include the matching funds from the State or Federal Government on projects, nor does it include any freeway projects. The percentage is based only on the City's budgeted CIP. The 1994 figures include the Main Street Project, which totaled $1,350,555 for landscaping (trees $40,580, street furniture $95,810, signal poles $100,000, irrigation system $214,000), and the balance was for pavement, paver materials and design costs. In addition, the City has received donated sculptures worth approximately $174,000. Exact figures for future public art and landscape costs have not been specifically identified within the project budgets shown in the CIP. However, historic data from the last four years indicates that public art and landscape/beautification design and construction costs have averaged approximately 9% of the total project costs. This 9% applies to all projects in the arterial street and bridge categories and includes many Old Town and Core Area projects where landscaping and beautification costs have been much higher due to the special aesthetic demands of these projects. Removing these special projects suggests that average total art and beautification costs for arterial street and bridge projects are in the 3-5% range of total project expenditures. ADA Since the American with Disabilities Act was passed in 1990, the City of Wichita has made great strides to meeting the requirements. However, additional accommodations will still needed. The following is the budgeted and estimated expenses still needed for full ADA requirements: Projects Budgeted Additional Requirements Public Works $300,000 (CIP & CDBG) $250,000 Facilities Engineering $4,000,000 (CIP) -0- Wheelchair Ramps Fire Department -0- $1,000,000** Facilities Park Department -0- $25,000 Facilities Health Department Facilities -0- 10,000 $4,300,000 $1,235,000 **Includes remodeling for other fire station accommodations. The cost projects for the ADA requirements are subject to change. There have been increased costs associated with ADA compliance materials. Funding for public art and landscaping is contained within the project budget and allocated within the Capital Improvements Program. Motion -- carried Knight moved that the Report be received and filed. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) RESOLUTIONS AMENDED RESOLUTIONS PERTAINING TO PUBLIC IMPROVEMENT PROJECTS. Agenda Report No. 95-599. These public improvement projects serve the area north of 21st, east of Ridge Road. The authorizing resolutions were adopted 7/12/94 (water) and 6/28/94 (sewer) and 9/21/92 (paving). Each project was initiated under K.S.A. 12- 6a01 et seq. and are in Temporary Note Series No. 186 which sell August 1, 1995. Transcripts for this note issue are complete and being reviewed by Bond Counsel. A portion of the real property contained in the improvement district described in Resolution Nos. R-94-264, R-94-300 and R-95-372 is defined as being "outside city corporate limits" and it is necessary to amend the resolutions to reference an additional State Statue as follows: "The advisability of the improvement set forth above is hereby established as authorized by K.S.A. 12-6a0l et seq., as amended and supplemented, and K.S.A. 12-693." The Amending Resolutions have been prepared by Bond Counsel to include K.S.A. 12-693 governing improvements by cities within unincorporated territory within three miles of corporate limits. Motion -- carried Knight moved that the Resolutions be adopted. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) RESOLUTION NO. R-95- 314 A Resolution amending Resolution No. R-93-374 of the City of Wichita, Kansas, which authorized construction of improvements to North Shore Boulevard (Project No. 472-82376), in order to amend the statutory authority cited therein, presented. Knight moved that the Resolution be adopted. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) Yeas: Cather, Cole, Rogers, Knight. RESOLUTION NO. R-95- 315 A Resolution amending Resolution No. R-94-264 of the City of Wichita, Kansas, which authorized construction of construction of Main 16, Southwest Interceptor (Project No. 468- 82335), in order to amend the statutory authority cited therein, presented. Knight moved that the Resolution be adopted. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) Yeas: Cather, Cole, Rogers, Knight. RESOLUTION NO. R-95- 316 A Resolution amending Resolution No. R-94-300 of the City of Wichita, Kansas, which authorized construction of Water Distribution System No. 448-88843 (north of 21st, east of Ridge), in order to amend the statutory authority cited therein, presented. Knight moved that the Resolution be adopted. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) Yeas: Cather, Cole, Rogers, Knight. ORDINANCES SECOND READING ORDINANCES. (First Reading 7/18/95) BZA Code Amendments ORDINANCE NO. 42-816 An Ordinance amending Sections 2.12.560 and 2.12.580 of the code of the City of Wichita, Kansas, pertaining to the formation and procedures for the Board of Zoning Appeals and repealing the originals of said sections, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. Yeas: Cather, Cole, Gale, Rogers, Knight. (Ferris, Gale, Kamen; absent) Plumbing Code Amend. ORDINANCE NO. 42-817 An Ordinance amending Section 21.04.010 and creating Sections 21.04.295, 21.04.296, 21.04.298, 21.04.299, 21.04.300, 21.04.305, 21.04.310, and 21.04.315 of the Code of the City of Wichita, Kansas, and repealing the original of Section 21.04.010 of the Code of the City of Wichita, Kansas; all pertaining to the Uniform Plumbing Code, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) Yeas: Cather, Cole, Rogers, Knight. Seneca Improvements ORDINANCE NO. 42-818 An Ordinance declaring Seneca Street, from 31st Street South to Kellogg (472-82602) 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 4 to 0. (Ferris, Gale, Kamen; absent) Yeas: Cather, Cole, Rogers, Knight. Maize Road Improvements ORDINANCE NO. 42-819 An Ordinance declaring Maize Road, from 13th Street North to 21st Street North (472-82601) 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 4 to 0. (Ferris, Gale, Kamen; absent) Yeas: Cather, Cole, Rogers, Knight. FRANCHISE ORDINANCE CHILDREN'S TRANSPORTATION FRANCHISE ORDINANCE. (First Reading 7/18/95) ORDINANCE An Ordinance granting to Shellee K. Morrison, DBA Kids Kab, the authority, right, and privilege to establish, maintain, and operate a limited transportation system upon and over certain streets in the City of Wichita, Kansas, for the transportation of children to and from certain designated locations for hire and fixing the terms and conditions of such grant, read for the second time and under the rules laid over. HARDSHIP DEFERRAL ORDINANCE PERTAINING TO HARDSHIP DEFERRAL PROGRAM FOR SPECIAL ASSESSMENTS. Motion -- Knight moved that the following Ordinance be placed on first reading. Motion -- carried carried 4 to 0. (Ferris, Gale, Kamen; absent) ORDINANCE An Ordinance amending Sections 2.24.070 and 2.24.075 of the Code of the City of Wichita, Kansas, pertaining to deferral of special assessment payments for owner-occupied residential property and repealing the originals of said sections, introduced and under the rules laid over. PLANNING AGENDA Marvin Krout Director of Planning stated that all Items except Item 25 could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Knight moved that all Planning Agenda Items except Item 25 be approved as consensus Items. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) S/D 95-4 S/D 95-4 - PLAT OF THE PINEHURST ADDITION LOCATED NORTH OF CENTRAL AND WEST OF 143RD STREET EAST. Agenda Report No. 95-600. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. This site will use a City of Wichita water line in 143rd Street East and an Outside-the City water agreement has been submitted. A 100% petition has also been submitted to the City for water improvements needed to serve this development. Other guarantees involving paving and drainage, sanitary sewer, and the installation of private streets are being handled through the County. Both a City and County Certificate of Petitions have been provided. In order to provide for the ownership and maintenance of Reserves, off- street parking and the uses allowed within areas designated as street-drainage-utility easements, the applicant has submitted a restrictive covenant. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Water Agreement Water Service Application from Pinehurst Development Co., Inc. Cert. of Petitions Certificate of Petitions from Pinehurst Development Co., Inc. Restrictive covenant Restrictive Covenant from Pinehurst Development Co., Inc. Water 100 Percent Petition for construction of Water Distribution System Number 448-88931 (north of Central, west of 143rd Street East) $68,800 S.A. (Hold for development) Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 4 to 0. (Ferris, Gale, Kamen; absent) RESOLUTION NO. R-95- 317 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-88931 (north of Central, west of 143rd Street East) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) Yeas: Cather, Cole, Rogers, Knight. S/D 95-6 S/D 95-6 - PLAT OF THE NORTHRIDGE LAKES ADDITION LOCATED EAST OF TYLER AND SOUTH OF 29TH STREET NORTH. (District V) Agenda Report No. 95-601. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. Petitions, all 100%, have been submitted for sanitary sewer, municipal water, drainage, storm sewer, paving, and traffic improvements (decel lane, accel lane and left-turn lane). However, while the paving petition includes the paving of Tyler Road for a distance of about 400 feet adjacent to the northern portion of the Addition, this plat was also requested to provide for the paving of a 600 foot section of Tyler further to the south. Other Additions have already guaranteed the paving of sections of Tyler, and the piece being requested for inclusion in the Northridge Lakes guarantees was needed to provide that Addition with a continuous paved street into and out of the development. The applicant indicated that he could not afford to assess his property for the southern segment as well as the portion of Tyler adjacent to his site. The MAPC recommended that the plat be allowed to go to the City Council, with recording of the plat held until such time as the paving issue of Tyler Road is resolved. After the MAPC meeting, staff met with the applicant and reached a compromise agreement on this issue: accepting a petition for paving of the 600 foot segment to the south of his Addition, but not requiring one for the 400 foot segment adjacent to the northern portion of his Addition. This compromise will result in the paving of Tyler to the entrances of all approved subdivisions including this latest one. It does leave an unpaved road segment adjacent to the northern portion of this tract which will need to be faced at some point in the future. A Certificate of Petitions has also been submitted. In order to provide for the ownership and maintenance of Reserves and off-street parking the applicant has submitted a restrictive covenant. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Marvin Krout Director of Planning requested that the motion be amended to hold the plat for recording until a signed petition is received by Public Works. A compromise arrangement has been worked out on the paving of Tyler Road as a part of the plat and the developer is agreeable, but needs to get the signed petition into Public Works. Cert. of Petitions Certificate of Petitions from Northridge Lakes, Inc. Restrictive Covenant Restrictive Covenant from Northridge Lakes, Inc. Water 100 Percent Petition for construction of Water Distribution System Number 448-88932 (east of Tyler, north of 21st) ($17,250 S.A.; $12,000 Water Utility W-65) (Hold for development) Water 100 Percent Petition for construction of Water Distribution System Number 448-88933 (east of Tyler, north of 21st) (Phase I) ($80,600 S.A.) (Hold for development) Water 100 Percent Petition for construction of Water Distribution System Number 448-88934 (east of Tyler, north of 21st) (Phase II) ($78,750 S.A.) (Hold for development) Water 100 Percent Petition for construction of Water Distribution System Number 448-88935 (east of Tyler, north of 21st) (Phase III) ($46,750 S.A.) (Hold for development) Water 100 Percent Petition for construction of Water Distribution System Number 448-88936 (east of Tyler, north of 21st) (Phase IV) ($40,800 S.A.) (Hold for development) Water 100 Percent Petition for construction of Water Distribution System Number 448-88937 (east of Tyler, north of 21st) (Phase V) ($44,275 S.A.) (Hold for development) Sewer 100 Percent Petition for construction of Lateral 352, Southwest Interceptor Sewer (east of Tyler, north of 21st) Project No. 468-82488 (Phase I) ($173,225 S.A.) (Hold for development) Sewer 100 Percent Petition for construction of Lateral 353, Southwest Interceptor Sewer (east of Tyler, north of 21st) Project No. 468-82489 (Phase II) ($164,850 S.A.) (Hold for development) Sewer 100 Percent Petition for construction of Lateral 354, Southwest Interceptor Sewer (east of Tyler, north of 21st) Project No. 468-82490 (Phase III) ($55,100 S.A.) (Hold for development) Sewer 100 Percent Petition for construction of Lateral 355, Southwest Interceptor Sewer (east of Tyler, north of 21st) Project No. 468-82491 (Phase IV) ($50,000 S.A.) (Hold for development) Sewer 100 Percent Petition for construction of Lateral 356, Southwest Interceptor Sewer (east of Tyler, north of 21st) Project No. 468-82492 (Phase V) ($57,200 S.A.) (Hold for development) Storm Water Drain 100 Percent Petition for construction of Storm Water Drain No. 115, Project No. 468-82493 (east of Tyler, north of 21st) (Phase I) ($162,400 S.A.) (Hold for development) Storm Water Drain 100 Percent Petition for construction of Storm Water Drain No. 116, Project No. 468-82494 (east of Tyler, north of 21st) (Phase I) ($106,600 S.A.) (Hold for development) Storm Water Sewer 100 Percent Petition for construction of Storm Water Sewer No. 462 Project No. 468-82495 (east of Tyler, north of 21st) (Phase I) ($76,000 S.A.) (Hold for development) Storm Water Sewer 100 Percent Petition for construction of Storm Water Sewer No. 463 Project No. 468-82496 (east of Tyler, north of 21st) (Phase II) ($100,500 S.A.) (Hold for development) Storm Water Sewer 100 Percent Petition for construction of Storm Water Sewer No. 464 Project No. 468-82497 (east of Tyler, north of 21st) (Phase III) ($106,500 S.A.) (Hold for development) Storm Water Sewer 100 Percent Petition for construction of Storm Water Sewer No. 465 Project No. 468-82498 (east of Tyler, north of 21st) (Phase IV) ($86.300 S.A.) (Hold for development) Paving 100 Percent Petition for improving of Meadow Pass from the west line of Lot 14, Block 5, to the west line of Meadow Pass as platted in Reflection Ridge Seventh Addition; Meadow Pass Courts serving Lots 26 through 37, and Lots 38 through 42, Block 3, and Lots 17 & 18, Block 5; sidewalk along the south and westerly line of Meadow Pass from the west line of Lot 14, Block 5, to the west line of Meadow Pass, Project No. 472-82605 (east of Tyler, north of 21st) ($325,300 S.A.) (Phase I) (Hold for development) Paving 100 Percent Petition for improving of Meadow Pass from the east line of Tyler Road to the north line of Lot 8, Block 1; Meadow Grove from the east line of Meadow Pass to the east line of Lot 8, Block 3; Meadow Pass Courts serving Lots 4 through 8, Block 1, and Lots 1 through 14, Block 4; sidewalk along the south and east line of Meadow Pass from the west line of Tyler Road to the north line of Lot 8, Block 1, and along the north line of Meadow Grove from the east line of Meadow Pass to the east line of Lot 8, Block 3, Project No. 472-82606 (east of Tyler, north of 21st) ($267,750 S.A.) (Phase II) (Hold for development) Paving 100 Percent Petition for improving of Meadow Pass from the west line of Lot 7, Block 5, to the east line of Lot 13, Block 5; Lake Ridge from the south line of Lot 18, Block 3, to the south line of Meadow Pass; Meadow Pass Court serving Lots 23 through 29, the west line of Lot 7, Block 5, to the east line of Lot 13, Block 5, and along the west line of Lake Ridge from the south line of Lot 34, Block 4, to the south line of Meadow Pass, Project No. 472-82607 (east of Tyler, north of 21st) ($160,000 S.A.) (Phase III) (Hold for development) Paving 100 Percent Petition for improving of Meadow Grove/Lake Ridge from the west line of Lot 9, Block 3, to the south line of Lot 18, Block 3; Meadow Grove Court serving Lots 39 through 49, Block 4; and sidewalk along the north and west line of Meadow Grove/Lake Ridge, Project No. 472-82608 (east of Tyler, north of 21st) ($156,000 S.A.) (Phase IV) (Hold for development) Paving 100 Percent Petition for improving of Meadow Pass from the south line of Lot 9, Block 1, to the east line of Lot 5, Block 5; Meadow Pass Court serving Lots 9 through 15, Block 1, from the north line of Meadow Pass to the north line of Lot 1, Block 5; and sidewalk along the east and south line of Meadow Pass from the south line of Lot 9, Block 1, to the east line of Lot 6, Block 5, Project No. 472-82609 (east of Tyler, north of 21st) ($194,350 S.A.) (Phase V) (Hold for development) Paving 100 Percent Petition for improving of Tyler Road from the north line of Bradford South Addition to the north line of Lot 12, Block 1, Northridge Lakes, Project No. 472-82610 (east of Tyler, north of 21st) ($52,720 S.A.) (Hold for development) Paving 100 Percent Petition for improving of a left turn lane from the south line of Meadow Pass as platted in Northridge Lakes to the north line of Central Park as platted in Bradford South Addition, together with a decel lane to serve Meadow Pass, Project No. 472-82611 (east of Tyler, north of 21st) ($18,120 S.A.) (Hold for development) Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign; hold the plat for recording until a signed petition for the paving of Tyler Road is received by -- carried Public Works. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) RESOLUTION NO. R-95- 318 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-88932 (east of Tyler, north of 21st) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) Yeas: Cather, Cole, Rogers, Knight. RESOLUTION NO. R-95- 319 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-88933 (east of Tyler, north of 21st) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) Yeas: Cather, Cole, Rogers, Knight. RESOLUTION NO. R-95- 320 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-88934 (east of Tyler, north of 21st) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) Yeas: Cather, Cole, Rogers, Knight. RESOLUTION NO. R-95- 321 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-88935 (east of Tyler, north of 21st) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) Yeas: Cather, Cole, Rogers, Knight. RESOLUTION NO. R-95- 322 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-88936 (east of Tyler, north of 21st) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) Yeas: Cather, Cole, Rogers, Knight. RESOLUTION NO. R-95- 323 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-88937 (east of Tyler, north of 21st) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) Yeas: Cather, Cole, Rogers, Knight. RESOLUTION NO. R-95- 324 Resolution of findings of advisability and Resolution authorizing construction of Lateral 352, Southwest Interceptor Sewer (east of Tyler, north of 21st) Project No. 468-82488 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) Yeas: Cather, Cole, Rogers, Knight. RESOLUTION NO. R-95- 325 Resolution of findings of advisability and Resolution authorizing construction of Lateral 353, Southwest Interceptor Sewer (east of Tyler, north of 21st) Project No. 468-82489 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) Yeas: Cather, Cole, Rogers, Knight. RESOLUTION NO. R-95- 326 Resolution of findings of advisability and Resolution authorizing construction of Lateral 354, Southwest Interceptor Sewer (east of Tyler, north of 21st) Project No. 468-82490 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) Yeas: Cather, Cole, Rogers, Knight. RESOLUTION NO. R-95- 327 Resolution of findings of advisability and Resolution authorizing construction of Lateral 355, Southwest Interceptor Sewer (east of Tyler, north of 21st) Project No. 468-82491 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) Yeas: Cather, Cole, Rogers, Knight. RESOLUTION NO. R-95- 328 Resolution of findings of advisability and Resolution authorizing construction of Lateral 356, Southwest Interceptor Sewer (east of Tyler, north of 21st) Project No. 468-82492 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) Yeas: Cather, Cole, Rogers, Knight. RESOLUTION NO. R-95- 329 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Drain No. 115, Project No. 468-82493 (east of Tyler, north of 21st) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) Yeas: Cather, Cole, Rogers, Knight. RESOLUTION NO. R-95- 330 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Drain No. 116, Project No. 468-82494 (east of Tyler, north of 21st) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) Yeas: Cather, Cole, Rogers, Knight. RESOLUTION NO. R-95- 331 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Sewer No. 462 Project No. 468-82495 (east of Tyler, north of 21st) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) Yeas: Cather, Cole, Rogers, Knight. RESOLUTION NO. R-95- 332 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Sewer No. 463 Project No. 468-82496 (east of Tyler, north of 21st) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) Yeas: Cather, Cole, Rogers, Knight. RESOLUTION NO. R-95- 333 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Sewer No. 464 Project No. 468-82497 (east of Tyler, north of 21st) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) Yeas: Cather, Cole, Rogers, Knight. RESOLUTION NO. R-95- 334 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Sewer No. 465 Project No. 468-82498 (east of Tyler, north of 21st) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) Yeas: Cather, Cole, Rogers, Knight. RESOLUTION NO. R-95- 335 Resolution of findings of advisability and Resolution authorizing improving of Meadow Pass from the west line of Lot 14, Block 5, to the west line of Meadow Pass as platted in Reflection Ridge Seventh Addition; Meadow Pass Courts serving Lots 26 through 37, and Lots 38 through 42, Block 3, and Lots 17 & 18, Block 5; sidewalk along the south and westerly line of Meadow Pass from the west line of Lot 14, Block 5, to the west line of Meadow Pass, Project No. 472-82605 (east of Tyler, north of 21st) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) Yeas: Cather, Cole, Rogers, Knight. RESOLUTION NO. R-95- 336 Resolution of findings of advisability and Resolution authorizing improving of Meadow Pass from the east line of Tyler Road to the north line of Lot 8, Block 1; Meadow Grove from the east line of Meadow Pass to the east line of Lot 8, Block 3; Meadow Pass Courts serving Lots 4 through 8, Block 1, and Lots 1 through 14, Block 4; sidewalk along the south and east line of Meadow Pass from the west line of Tyler Road to the north line of Lot 8, Block 1, and along the north line of Meadow Grove from the east line of Meadow Pass to the east line of Lot 8, Block 3, Project No. 472-82606 (east of Tyler, north of 21st) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) Yeas: Cather, Cole, Rogers, Knight. RESOLUTION NO. R-95- 337 Resolution of findings of advisability and Resolution authorizing improving of Meadow Pass from the west line of Lot 7, Block 5, to the east line of Lot 13, Block 5; Lake Ridge from the south line of Lot 18, Block 3, to the south line of Meadow Pass; Meadow Pass Court serving Lots 23 through 29, the west line of Lot 7, Block 5, to the east line of Lot 13, Block 5, and along the west line of Lake Ridge from the south line of Lot 34, Block 4, to the south line of Meadow Pass, Project No. 472-82607 (east of Tyler, north of 21st) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) Yeas: Cather, Cole, Rogers, Knight. RESOLUTION NO. R-95- 308 Resolution of findings of advisability and Resolution authorizing improving of Meadow Grove/Lake Ridge from the west line of Lot 9, Block 3, to the south line of Lot 18, Block 3; Meadow Grove Court serving Lots 39 through 49, Block 4; and sidewalk along the north and west line of Meadow Grove/Lake Ridge, Project No. 472-82608 (east of Tyler, north of 21st) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) Yeas: Cather, Cole, Rogers, Knight. RESOLUTION NO. R-95- 309 Resolution of findings of advisability and Resolution authorizing improving of Meadow Pass from the south line of Lot 9, Block 1, to the east line of Lot 5, Block 5; Meadow Pass Court serving Lots 9 through 15, Block 1, from the north line of Meadow Pass to the north line of Lot 1, Block 5; and sidewalk along the east and south line of Meadow Pass from the south line of Lot 9, Block 1, to the east line of Lot 6, Block 5, Project No. 472-82609 (east of Tyler, north of 21st) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) Yeas: Cather, Cole, Rogers, Knight. RESOLUTION NO. R-95- 340 Resolution of findings of advisability and Resolution authorizing improving of Tyler Road from the north line of Bradford South Addition to the north line of Lot 12, Block 1, Northridge Lakes, Project No. 472-82610 (east of Tyler, north of 21st) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) Yeas: Cather, Cole, Rogers, Knight. RESOLUTION NO. R-95- 341 Resolution of findings of advisability and Resolution authorizing improving of a left turn lane from the south line of Meadow Pass as platted in Northridge Lakes to the north line of Central Park as platted in Bradford South Addition, together with a decel lane to serve Meadow Pass, Project No. 472-82611 (east of Tyler, north of 21st) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) Yeas: Cather, Cole, Rogers, Knight. S/D 95-21 S/D 95-21 - PLAT OF THE SPINNAKER COVES HOSKINSON ADDITION LOCATED SOUTH OF 13TH STREET NORTH AND EAST OF RIDGE ROAD. (District V) Agenda Report No. 95-602. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. Petitions, all 100%, have been submitted for sanitary sewer, municipal water, paving (which includes drainage and an accel/decel lane) and traffic (left turn lane) improvements. A Certificate of Petitions has also been submitted. In order to provide for the ownership and maintenance of Reserves, the applicant has submitted a restrictive covenant. To provide for off-street parking for lots adjacent to narrow streets, a covenant has been submitted requiring that four (4) off-street spaces be provided for each such lot. This site is within the noise impact area of Mid Continent Airport, and an avigational easement and restrictive noise covenant were required. This plat has been reviewed and approved by a majority of the Planning Commission, subject to conditions and recording within 30 days. The dissenting Commissioners cited floodplain and access concerns on this plat. Cert. of Petitions Certificate of Petitions from Richard and Verda Hoskinson. Easement Avigational Easement from Richard and Verda Hoskinson. Restrictive Covenants Restrictive Covenants from Richard and Verda Hoskinson. Water 100 Percent Petition for construction of Water Distribution System Number 448-88938 (south of 13th, east of Ridge) ($180,000 S.A.) (Hold for development) Sewer 100 Percent Petition for construction of Lateral 357, Southwest Interceptor Sewer (south of 13th, east of Ridge) Project No. 468-82499 ($307,000 S.A.) (Hold for development) Paving 100 Percent Petition for improving of North Shore Boulevard from 13th Street North to School Circle to and including the cul-de- sac; Ponderosa from the east line of the plat to the east line of North Shore Boulevard; Warren Circle to and including the cul-de-sac; North Shore Circle to and including the cul-de-sac; Briarwood Circle to and including the cul-de-sac; and, decel lane on the south side of 13th Street North to serve North Shore Boulevard, Project No. 472-82612 (south of 13th, east of Ridge) ($629,000 S.A.) (Hold for development) Paving 100 Percent Petition for improving of left turn lane in 13th Street North to serve North Shore Boulevard, Project No. 472- 82613 (south of 13th, east of Ridge) ($29,400 S.A.) (Hold for development) Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 4 to 0. (Ferris, Gale, Kamen; absent) RESOLUTION NO. R-95- 342 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-88938 (south of 13th, east of Ridge) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) Yeas: Cather, Cole, Rogers, Knight. RESOLUTION NO. R-95- 343 Resolution of findings of advisability and Resolution authorizing construction of Lateral 357, Southwest Interceptor Sewer (south of 13th, east of Ridge) Project No. 468-82499 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) Yeas: Cather, Cole, Rogers, Knight. RESOLUTION NO. R-95- 344 Resolution of findings of advisability and Resolution authorizing improving of North Shore Boulevard from 13th Street North to School Circle to and including the cul-de- sac; Ponderosa from the east line of the plat to the east line of North Shore Boulevard; Warren Circle to and including the cul-de-sac; North Shore Circle to and including the cul-de-sac; Briarwood Circle to and including the cul-de-sac; and, decel lane on the south side of 13th Street North to serve North Shore Boulevard, Project No. 472-82612 (south of 13th, east of Ridge) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) Yeas: Cather, Cole, Rogers, Knight. RESOLUTION NO. R-95- 345 Resolution of findings of advisability and Resolution authorizing improving of left turn lane in 13th Street North to serve North Shore Boulevard, Project No. 472- 82613 (south of 13th, east of Ridge) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) Yeas: Cather, Cole, Rogers, Knight. S/D 95-33 S/D 95-33 - PLAT OF THE CHRIST LUTHERAN CHURCH ADDITION LOCATED SOUTH OF 53RD STREET NORTH AND EAST OF HILLSIDE. Agenda Report No. 95-603. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. This site is in the County and has been approved by the Health Department for the use of on-site sanitary sewer and water facilities. However, this site is close enough to Wichita that petitions for the future extension of municipal water and sanitary sewer were required. A Certificate of Petitions has also been submitted. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Cert. of Petitions Certificate of Petitions from Ted L. Thompson. Water 100 Percent Petition for construction of Water Distribution System Number 448-88930 (south of 53rd Street North, east of Hillside) ($9,000 S.A.) (Hold for development) Sewer 100 Percent Petition for construction of Lateral 88, Sanitary Sewer Number 23 (south of 53rd Street North, east of Hillside) Project No. 468-82486 ($9,000 S.A.) (Hold for development) Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 4 to 0. (Ferris, Gale, Kamen; absent) RESOLUTION NO. R-95- 346 Resolution of findings of advisability and Resolution authorizing construction of Lateral 88, Sanitary Sewer Number 23 (south of 53rd Street North, east of Hillside) Project No. 468-82486 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) Yeas: Cather, Cole, Rogers, Knight. RESOLUTION NO. R-95- 347 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-88930 (south of 53rd Street North, east of Hillside) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 4 to 0. (Ferris, Gale, Kamen; absent) Yeas: Cather, Cole, Rogers, Knight. RECESS The Council recessed to workshop session on Public Art Advisory Board Projects, Report of Solid Waste Management Committee, Parking Garage, and the Budget at 11:15 a.m. and returned to regular session at 12:58 p.m. EXECUTIVE SESSION Motion -- Knight moved that the Council recess to executive session to consider pending and potential litigation, legal advice, preliminary discussions relating to the acquisition of real property for public purposes; and the regular meeting be -- carried resumed by 1:45 p.m. in the City Council Chambers. Motion carried 5 to 0. (Gale, Kamen; absent) RECESS Council recessed at 12:58 p.m. and reconvened in regular session at 1:45 p.m. Mayor Knight Mayor Knight announced that no action was necessary as a result of the executive session. ADJOURNMENT The City Council meeting adjourned at 1:45 p.m. Tom Schneider Deputy City Clerk COUNCIL PROCEEDINGS JOURNAL 159 JULY 25, 1995 Page 1