MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, February 25, 1997 Tuesday, 9:08 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cather, Cole, Gale, Rogers; present. *Council Members Ferris, Kamen; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Major Dallas Raby, City Commander, Salvation Army The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. Minutes -- The minutes of the regular meeting of February 11 1997, were -- approved approved 5 to 0. (Ferris, Kamen; absent) *Council Member Kamen present. AWARDS AND PRESENTATIONS PROCLAMATIONS Mayor Knight presented the Proclamations previously approved. *Council Member Ferris present. RECOGNITION Dr. Charles Rankin was recognized for Professional Achievement. UNFINISHED BUSINESS STUDENT GOLF FEES JUNIOR GOLF/STUDENT GOLF FEES. Tim Vanatta Director of Parks and Recreation reviewed the Item. Agenda Report No. 97-147. Junior Golf Foundation fees and Student Daily Greens Fees were reviewed at the February 11, 1997, City Council meeting. The Council directed staff to prepare a report outlining options to finance possible reductions in Junior Golf and Student Green Fees. The Junior Golf Foundation pays $3 per round for this program which produces 2,500 rounds annually. The fee increased from $2 to $3 per round effective 11/1/96. There are also 6,500 rounds played annually by the student golfer who does not have a season pass. The daily greens fee increased from $6 to $7 per round effective 11/1/96. Four options are presented for reducing the Student Daily Greens Fee and reducing the Junior Golf Foundation Fee with funding options. * Option #1 reduces the Student Daily Greens Fee from $7 back to the 1996 fee of $6 and reduces the Junior Golf Foundation Fee from $3 to $2 per round with an impact of $6,500 for the student fees and $2,500 for the junior golf fees. The total impact is $9,000. This sets Student Daily Greens Fees back to the level prior to the most recent fee adjustment in November, 1996. The City would subsidize this amount through the Park budget in the General Fund. * Option #2 reduces the Student Daily Greens Fee from $7 to $5 and reduces the Junior Golf Foundation Fee from $3 to $2 per round with an impact of $13,000 for the student fees and $2,500 for the junior golf fees. The total impact is $15,500. This sets Student Daily Greens Fees back to the $5.00 level that was in place prior to November, 1993. The City would subsidize this amount through the Park budget in the General Fund. * Option #3 restricts time of play for the Student Daily golfers from 1:30 p.m. to closing, seven days per week at $6/round. The impact of $6,500 would be funded by the $13 prime-time rounds that become available when students are restricted to "slack time" afternoon play, thus increasing the ability to generate more income while subsidizing the youth fees. Prime-time play occurs between the hours of 6:00 a.m. and 1:30 p.m. This is the period of time that most rounds are played. Increased revenue would permit the funding of Junior Golf and Student Daily green fees without negatively impacting adult golf rates. * Option #4 restricts time of play for the Student Daily golfer from 1:30 p.m. to closing, seven days per week at $5/round. Again, prime-time play is expected to generate income needed to subsidize youth fees. Prime-time play for eighteen holes is $13 and $9.50 for nine holes. Time of play restrictions for discounted golf rounds is very common on most public courses. Similar to Option #3, increased revenues would fund this rate reduction (as well as the reduction of Junior Golf rates from $3 back to $2). The below criteria was considered when developing the four options. Data indicates that of the 6,500 Student Daily Greens Fee rounds, approximately 70% are played during prime- time (prior to 1:30 p.m.). It would be assumed that a majority of these rounds would shift to after 1:30 p.m. freeing up approximately 4,000 rounds that would be available for non- discounted daily greens fees and passes. Student passes of $100 with the $2 surcharge will continued to be honored at all times. The data tracking system tracks at one hour intervals; consequently, the numbers may vary when using the 1:30 p.m. restricted time, which allows a minimum of four hours to play eighteen holes during certain daylight restricted times of the year. To have a more accurate number of rounds to project, at least a one year experience with the restricted play scenarios would be needed. Ray Trail Director of Finance, responding to a question, said that, on an experimental pilot project basis, the change could be operated out of the Golf fund and evaluated before the next season of golf. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that the Student Daily Green Fee be changed from $7 to $5 after 1:30 p.m. seven days per week and the remainder of the time remain at $7; Junior golf Foundation Fee be reduced from $3 to $2 per round; and that Staff track the program and return to the Council in January with a report on the funding impact. -- carried Motion carried 7 to 0. CITY COUNCIL AGENDA APPOINTMENTS APPOINTMENT TO COMMISSION ON THE STATUS OF PEOPLE WITH DISABILITIES. One appointment (Kamen), for a term expiring June 30, 1997. Motion -- carried Kamen moved that this Item be deferred two weeks. Motion carried 7 to 0. APPOINTMENT TO WICHITA COMMISSION ON THE STATUS OF WOMEN. One appointment (Rogers), for a term expiring June 30, 1997. Motion -- Rogers appointed Martha Ross and moved that the appointment be approved. -- carried Motion carried 7 to 0. APPOINTMENT TO BOARD OF APPEALS OF PLUMBERS AND GAS FITTERS. One appointment (Council-at-large), for a term expiring June 30, 1997. Motion -- Cole appointed John S. Reed and moved that the appointment be approved. Motion -- carried carried 7 to 0. APPOINTMENT TO WICHITA-SEDGWICK COUNTY ALCOHOL AND DRUG ABUSE ADVISORY BOARD. One appointment (council-at-large), for a term expiring June 30, 1997. Motion -- Knight appointed Judy Fields and moved that the appointment be approved. Motion -- carried carried 7 to 0. APPOINTMENT TO CPO SOUTHWEST COUNCIL - DISTRICT 4. The members of CPO Southwest Council have selected Jayne A. Fleming, 3909 West 31st Street South #801, to fill a vacancy in Subdistrict 4.2. Motion -- Gale appointed Jayne a. Fleming and moved that the appointment be approved. -- carried Motion carried 7 to 0. APPOINTMENTS TO COMMUNITY CORRECTIONS ADVISORY BOARD. (Council Member Cole) Motion -- Cole appointed Shawna Mobley and Paul Cromwell and moved that the appointment be -- carried approved. Motion carried 7 to 0. NOTICE OF VACANCIES - WICHITA COMMISSION ON THE STATUS OF WOMEN. Two vacancies (Ferris, Knight), due to nonattendance of Betty Price Patton and Ging Mei Hsiao, for terms expiring June 30, 1997. Motion -- Knight moved that the rules be set aside and and two appointments be taken up off -- carried the Agenda. Motion carried 7 to 0. Motion -- Ferris reappointed Betty Price Patton and moved that the appointment be approved. -- carried Motion carried 7 to 0. Motion -- Cather appointed Christy Novacek and moved that the appointment be approved. -- carried Motion carried 7 to 0. PROCLAMATIONS PROCLAMATIONS. -- International Women's Day -- Volunteer Week -- Professional Social Work Month -- Women's History Month -- Juvenile Arthritis Awareness Week Motion -- carried Knight moved that the proclamations be authorized. Motion carried 7 to 0. CONSENT AGENDA Knight moved that the Consent Agenda, including Addendum, except Items 11, 20, 30, 32, and 35, be approved in accordance with the recommended action shown thereon. Motion carried 7 to 0. BOARD OF BIDS REPORTS OF THE BOARD OF BIDS AND CONTRACTS DATED FEBRUARY 18, AND FEBRUARY 24, 1997. At 10:00 a.m., Friday, February 14, 1997, 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 2/18/97) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Sanitary Sewer Rehabilitation at 8th Street North and Mead (south of 13th Street North, east of Broadway). (468-82671/621532/533264) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 7-18-95) (District VI) Ditch Diggers - $12,390.00 (Engineer's Construction Estimate)* *Negotiated Sanitary Sewer Rehabilitation at Hillcrest and Rockwood (south of Central, west of Woodlawn). (468- 82672/621524/533263) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 7-18-95) Municipal Pipe - $21,372.00 1995 Water Main Replacement Group "A": Broadway, Zimmerly to Lincoln (88989); Waco Street, 15th Street North to 18th Street North (88990; Texas Avenue, Walnut Street to Sycamore Street; Walnut Street, Texas Avenue to Douglas Avenue; Handley Street, Maple Street to Douglas Avenue; Sycamore Street, Burton Avenue to Douglas Avenue; Walnut Street, University Avenue to Maple Street; and University Avenue, Seneca Street to Osage Avenue (88987). (east of Seneca, west of Broadway; north of Harry Street, south of 15th Street North). (448- 88989/88990/88987/634204/544420) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 7-18-95) Nowak Construction - $490,349.00 Storm Water Sewer #476 to serve Turtle Run 3rd Addition (south of Pawnee, west of Webb). (468- 82590/750828/485118) Does not affect existing traffic. (Council approval date 2-4-97) (District II) Nowak Construction - $80,198.50 Cooper and Carson, Turtle Run 3rd Addition (south of Pawnee, west of Webb). (472-82702/763821/490485) Does not affect existing traffic. (Council approval date 2-4-97) (District II) Kansas Paving - $102,105.25 Water Distribution System to serve Bradley Fair 2nd Addition (south of 21st, east of Webb). (448- 89036/733576/470435) Does not affect existing traffic. (Council approval date 5-21-96) (District II) and Water Distribution System to serve Bradley Fair 2nd Addition (south of 21st, east of Webb). (448-89037/733584/470436) Does not affect existing traffic. (Council approval date 5-21-96) (District II) Ditch Diggers - $42,044.50 (Aggregate Total for Both) Replacing the Hydraulic Lines at the Lincoln Street Dam (Lincoln Street & the Arkansas River). (468- 82675/660324/561701) Does not affect existing traffic. (Council approval date 2-4-97) (District VI) Piping & Equipment - $55,555.00 (Base Bid W/Add Alt Total) Knight moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign for the City. Motion carried 7 to 0. PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS: DEMOLITION AND ASBESTOS REMOVAL OF 22 PROPERTIES (701532) AS PER SPECIFICATIONS H.D. Mills dba Southwest Salvage Group I $73,335.00* (Total Net Bid) Group II $94,045.00 (Total Net Bid) *Corrected Total PARK & RECREATION DEPARTMENT/LANDSCAPE & FORESTRY: STUMP CUTTER (172015) AS PER SPECIFICATIONS Vermeer Sales & Service Inc. - Total Net Bid - $20,851.00 Option 1 - Lump Sum - $164.00 Option 2 - Lump Sum - Deduct $1,500.00 Option 3 - Lump Sum - $621.00 PARK & RECREATION DEPARTMENT/GOLF COURSE MAINTENANCE: GRASS SEED (170282, 173708, 170258,170266, & 170274) AS PER SPECIFICATIONS Item 1 - Outdoor - $6,396.00 (Total Net Bid) Item 2 - Gard'n-Wise Distributors - $5,983.00 (Total Net Bid) Item 3 - Pennington Seed Inc. - $1,980.00 (Total Net Bid) Item 4 - Royal Seeds - $6,615.00 (Total Net Bid) PARK & RECREATION DEPARTMENT/ADMINISTRATION: PLAYGROUND EQUIPMENT (785592) AS PER SPECIFICATIONS Group I - Iron Mountain Forge/Recreation Res. - $15,360.50 (Total Net Bid) Group II - Miracle Recreation Equipment Co. - $ 3,099.18 (Total Net Bid) Group III - Riggs Recreation Equipment Inc. - $ 2,665.00 (Total Net Bid) Group IV - Riggs Recreation Equipment Inc. - $ 3,475.00 (Total Net Bid) Group V - Riggs Recreation Equipment Inc. - $ 964.00 (Total Net Bid) Group VI - Modlin Recreation Equipment Inc. - $ 6,675.00 (Total Net Bid) WATER & SEWER DEPARTMENT/CUSTOMER SERVICES: BLUE WATER BILL FORMS (180323) AS PER SPECIFICATIONS Data Documents, Inc - $10.14 (Cost Per Thousand) WATER & SEWER DEPARTMENT/WATER DISTRIBUTION: WATERWORKS SUPPLIES (181222-5401) AS PER SPECIFICATIONS Group I - Water Products, Inc. - $ 806.00# (Total Net Bid) Group II - Best Supply Co., Inc - $5,322.00# (Total Net Bid) Group III - Wichita Winwater Works - $3,456.00# (Total Net Bid)* #Plus applicable sales tax *2%-30 WATER & SEWER DEPARTMENT/CUSTOMER SERVICES: ENVELOPES AS PER SPECIFICATIONS Tension Envelope Corp. - Total Net Bid - $25,330.00# Item 1 - n/c (Cost Per Thousand) Item 2 - $25.33 (Cost Per Thousand) #Plus applicable sales tax Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid. Motion carried 7 to 0. At 10:00 a.m., Friday, February 24, 1997, 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 2/24/97) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS 20" and 12" water lines in Ridge Road from Garden Ridge to 29th Street North (Ridge Road, north of 21st Street). (448-89060/635110/544611) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 1-14-97) (District V) Nowak Construction - $359,215.00 Lateral 69, Main 22, War Industries Sewer to serve Bradley Fair 2nd Addition (south of 21st, east of Webb). (468-82601/743005/480392) Does not affect existing traffic. (Council approval date 5-21-96) (District II) Nowak construction - $64,715.00* (Engineer's Construction Estimate) *Negotiated 1995 Water Main Replacement (Group C): Richmond Street, 3rd Street to Douglas; 3rd Street, Richmond to Meridian (88996); Sedgwick Street, Douglas to 2nd Street (88998); St. Clair Street, Maple to Douglas (88999); St. Clair Street, Kellogg Drive to Maple Street; Mentor, Sedgwick to St. Clair (89000) (Kellogg and Meridian). (448- 88996/88998/88999/89000/634402/544440) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 7-18-95) (District IV & VI) Nowak Construction - $503,459.00 North-South Alley between Mead and Mosley to serve Viola Addition (from 18th to 19th St. N). (472- 82659/763516/490454) Does not affect existing traffic. (Council approval date 12-5-95) (District VI) Ferguson - $28,362.00 Dry Creek Interceptor Sewer, Phase I, Part A (Harry and Oliver)(468-82541/632414/533316) Does not affect traffic. (Council approval date 9-26-95) (District III) Nowak Construction - $93,562.50 (Total Base bid w/Add Alt) Haskell from the south line of Lot 7, Block 1, to the east line of Lot 22, Block 1 and sidewalk on the south side of Haskell; and Haskell Court serving Lots 1 through 22 inclusive, Block 1, from the north line of Haskell to and including the cul-de-sac. to serve Prairie Woods Addition (north of Pawnee, east of Maize). (472-82565/764027/490505) Does not affect existing traffic. (Council approval date 03-21-95) (District V) and Haskell from the east line of Lot 22, Block 1, to the north line of Lot 37, Block 1 and sidewalk on the south side of Haskell; and Haskell Courts serving Lots 23 through 28 inclusive, Block 1, and Lots 29 through 35 inclusive, Block 1, from the north line of Haskell to and including the cul-de-sac to serve Prairie Woods Addition (north of Pawnee, east of Maize). (472-82566/763961/490499) Does not affect existing traffic. (Council approval date 03-21-95) (District V) Cornejo & Sons - $174,607.25 (Agg LS/MQ Total Alt #1) 27th Street North and Parkwood from the east line of Beacon Hill to the east line of Beacon Hill, and Parkwood Court from the east line of Parkwood to and including cul-de-sac to serve The Courts II Addition . (472- 81822/605980/490072) Does not affect existing traffic. (Council approval date 07-12-88) (District I) and "L" type Hammerhead Turnaround on Edgemoor (south line of The Courts II Addition).(472-81826/764134/490516) Does not affect existing traffic. (Council approval date -7-12-88) (District I) Cornejo & Sons - $186,516.75 (Aggregate Bid Total) Knight moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign for the City. Motion carried 7 to 0. GENERAL GOVERNMENT/OFFICE OF CENTRAL INSPECTION: DEMOLITION, REMOVAL OF STRUCTURES AND CLEAN-UP OF NINE (9) PROPERTIES (206344)AS PER SPECIFICATIONS Item 1 - M & M Tractor Works $3,565.00 (Total Net Bid) Item 2 - B.J. Hauling & Demolition $4,175.00 (Total Net Bid) Item 3 - B.J. Hauling & Demolition $3,575.00 (Total Net Bid) Item 4 - Cornejo & Sons, Inc. $1,035.00 (Total Net Bid) Item 5 - National Builders, Inc. $3,835.00 (Total Net Bid) Item 6 - National Builders, Inc. $4,565.00 (Total Net Bid) Item 7 - National Builders, Inc. $3,220.00 (Total Net Bid) Item 8 - Bradburn Wrecking Co., Inc. $3,300.00 (Total Net Bid) Item 9 - B.J. Hauling & Demolition $3,975.00 (Total Net Bid) FIRE DEPARTMENT: HAZARDOUS MATERIALS RESCUE TEAM PHYSICALS (070136) AS PER SPECIFICATIONS Riverside Occupational Health Services - $650.00 (Cost Per Each) HEALTH DEPARTMENT/ENVIRONMENTAL SERVICES: PRIVATE LOT MOWING (220400) AS PER SPECIFICATIONS Complete Landscaping System, Inc. Item 1 - $45.00 Per Location Item 2 - $45.00 Per Location Item 3 - $45.00 Per Location Item 4 - $45.00 Per Location Item 5 - $50.00 Per Location Item 6 - $60.00 Per Location Item 7 - $70.00 Per Location PUBLIC WORKS DEPARTMENT/MAINTENANCE: PROVIDED COMPACTOR TRUCKS & OPEN DUMPSTER SERVICES AS PER SPECIFICATIONS BFI Waste Systems Item 1 - $75.00 Per Hour Item 2 - $35.00 Per Delivery Charge Item 3 - $85.00 Per Haul Charge VARIOUS: EMULSIFIED ASPHALT AS PER SPECIFICATIONS Koch Materials Company - $.557 (Cost Per Gallon) Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid. Motion carried 7 to 0. LICENSE APPLICATIONS APPLICATIONS FOR LICENSES. (Item 11) Escort Service. George Watley Showgirls 815 N. West Motion -- Cather moved that staff look into records for this establishment and report back -- carried to the Council in two weeks. Motion carried 7 to 0. Adult Entertainment. Norman Massey, Jr. Circle Cinema 2570 S. Seneca Retail Cereal Malt Beverages. Renewal 1997 (Consumption on Premises) Stuart W. Gribble Lawrence Dumont Stadium*300 S. Sycamore (Consumption off Premises) Cindy Montoya K-S, Inc. 2700 N. Amidon Paul A. Dawson Metro Oil, Inc. dba3233 N. Rock Metro Beverage Co. Karen Shirk 7-Eleven Store #9506330 E. 21st *General Restaurant-Beer Sales derive less than 50% of gross revenues. Motion -- Cather moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 7 to 0. PLANS AND SPECS. PLANS AND SPECIFICATIONS. South Seneca Outfall Channel Fencing (west of Seneca, north & south of 63rd Street South). (468- 82678/660670/566512) Does not affect existing traffic. (Council approval date 11-7-95) (District 4) 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., March 7, 1997. Motion carried 7 to 0. SUBDIVISION PLANS AND SPECIFICATIONS. There were no subdivisions Plans and Specifications. PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. Realignment of McLean Boulevard, Phase III, install street light bases (from Taft to Walnut) - $79,085.00. Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 7-19-95) (District VI) (472-82586/706168/405-170) b. Water Distribution System to serve Lark Third Addition (south of Kellogg, east of 119th Street West) - $127,000.00. Does not affect existing traffic. (Council approval date 05-21-96) (District V) (448-89052/733527/470-430) c. Water Distribution System to serve Pembrook and Pembrook Second Additions (east of Oliver, south of 29th Street North) - $61,000.00. Does not affect existing traffic. (Council approval date 04-23-96) (District I) (448- 89028/733550/470-433) d. Water Distribution System to serve Bradley Fair Second Addition (south of 21st, east of Webb) - $26,640.00 Does not affect existing traffic. (Council approval date 05-21- 96) (448-89036/733576/470-435) e. Water Distribution System to serve Bradley Fair Second Addition (south of 21st, east of Webb) - $65,000.00 Does not affect existing traffic. (Council approval date 05-21- 96) (448-89037/733584/470-436) f. Lateral 71, Main 5, Sanitary Sewer #23 to serve Pembrook & Pembrook Second Additions (east of Oliver, south of 29th Street North) - $130,000.00. Does not affect existing traffic. (Council approval date 08-20-96) (District I) (468-82593/742999/480-391) g. Lateral 69, Main 22, War Industries Sewer to serve Bradley Fair Second Addition (south of 21st, east of Webb) - $83,250.00 Does not affect existing traffic. (Council approval date 05-21-96) (468-82601/743005/480-392) h. Storm Water Sewer No. 476 to serve Turtle Run Third Addition (south of Pawnee, west of Webb) - $121,200.00 Does not affect existing traffic. (Council approval 02-04-97) (468-82590/750828/485-118) i. Cooper and Carson, Turtle Run Third Addition (south of Pawnee, west of Webb) - $146,450.00 Does not affect existing traffic. (Council approval 02-04-97) (472- 82702/763821/490-485) j. Battin, from the north line of Lot 22, Block 1, Pembrook Addition, to the south line of Lot 7, Block 2, Pembrook 2nd Addition; Battin Court, from the west line of Battin to and including the cul-de-sac, serving Lots 22 through 40, Block 1, Pembrook Addition, and from the west line of Battin to and including the cul-de-sac, serving Lots 4 through 10, Block 1, Pembrook 2nd Addition; and Sidewalk on the east side of Battin (east of Oliver, south of 29th Street North) - $260,000.00. Does not affect existing traffic. (Council approval date 8-20-96) (District I) (472-82705/764142/490-517) k. Sanitary Sewer Rehabilitation at 8th Street North and Mead (south of 13th Street North, east of Broadway) - $14,484.71. Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 7-18-95) (District 6) (468-82671/621532/533264) l. Sanitary Sewer Rehabilitation at 9th and St. Francis (south of 13th Street North, east of Broadway) - $30,470.00. Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 7-18-95) (District 6) (468-82673/621516/533262) m. Sanitary Sewer Rehabilitation at Hillcrest and Rockwood (south of Central, west of Woodlawn) - $30,422.00. Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 7-18-95) (District 2) (468-82672/621524/533263) n. 1995 Water Main Replacement Group "A": Broadway, Zimmerly to Lincoln (88989); Waco Street, 15th Street North to 18th Street North (88990; Texas Avenue, Walnut Street to Sycamore Street; Walnut Street, Texas Avenue to Douglas Avenue; Handley Street, Maple Street to Douglas Avenue; Sycamore Street, Burton Avenue to Douglas Avenue; Walnut Street, University Avenue to Maple Street; and University Avenue, Seneca Street to Osage Avenue (88987). (east of Seneca, west of Broadway; north of Harry Street, south of 15th Street North) - $879,537.60. Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 7-18-95) (District 6) (448-88989/88990/88987/634204/544420) o. 1995 Water Main Replacement Project Group "B": along Vine from Kellogg to 2nd Street North, Glenn from Kellogg to 2nd Street North, Charles from 1st Street North to 2nd Street North, and Mentor from Glenn to Hiram (88982); along Elizabeth from University to Douglas, Fern from University to Burton, and Millwood from Kellogg to Burton (88993); along Martinson from Kellogg to Maple, Martinson from Benton to South of Railroad Tracks, Exposition from Maple to Douglas, and Dodge from Maple to Burton (88995) (between Kellogg and 2nd Street North, west of Seneca). Traffic to be maintained during construction using flagpersons and barricades - $1,750,972.00. (Council approval date 7-18-95) (District VI) (448- 88992/88993/88995/634287/544-428) p. Relocation of a 12" water line (along 29th Street North, east of Oliver). Traffic to be maintained during construction using flagpersons and barricades - $32,000.00. (Council approval date 1-14-97) (District I) (448- 88776/635227/544-622) q. Replacing the Hydraulic Lines at the Lincoln Street Dam (Lincoln Street & the Arkansas River) - $79,760. Does not affect existing traffic. (Council approval date 2-4-97) (District 6) (468-82675/660324/561701) Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 7 to 0. PETITIONS WATER SUPPLY LINE TO SERVE IVY CHRISTINE ADDITION (SOUTH OF MAPLE, WEST OF HOOVER). (District V) Agenda Report No. 97-148. The signature on the petition represents 100% of the improvement district. A petition for a waterline to serve Ivy Christine Addition was approved by the City Council on September 24, 1996. A new petition has been submitted which expands the project to eliminate a dead end main. The estimated project cost is $31,000, with $11,500 assessed to the improvement district and $19,500 paid by the City. The utility share is for the cost of eliminating the dead end main. Motion -- Knight moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-97-033 Resolution of findings of advisability and Resolution authorizing construction of Water distribution System Number 448-89080 to serve Ivy Christine First Addition (south of Maple, west of Hoover) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. STORM WATER DETENTION POND TO SERVE BRADFORD NORTH ADDITION (WEST OF TYLER, SOUTH OF 29TH STREET NORTH). Agenda Report No. 97-149. The signature on the petition represents 100% of the improvement district. Bradford North Addition is a new single-family neighborhood. Its drainage system, which was built in 1995, contains a storm water detention pond. Due to soil conditions, the pond has never adequately held water. The developer has submitted a petition which provides for the installation of an impervious liner up to the normal water level. The estimated project cost is $20,000. The funding source is special assessments. Motion -- Knight moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-97-034 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Drain No. 127 to serve Bradford North Addition (west of Tyler, south of 29th) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. ADVISORY BOARDS MINUTES OF ADVISORY BOARDS. Board of Appeals of Plumbers & Gas Fitters, 2/4/97 Board of Park Commissioners, 1/13/97 Commission on the Status of Women, 2/5/97 CPO Coordinating Board, 1/8/97 CPO Coordinating Board, 2/5/97 CPO East Council 2, 2/10/97 CPO Northwest Council 5, 2/10/97 Historic Preservation Board, 2/9/97 Historic Preservation Board, 1/13/97 Wichita/Sedgwick County Board of Health Meeting of Environmental Health Committee, 1/24/97 Wichita/Sedgwick County Board of Health Meeting of Public Health/Search Committee, 1/23/97 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 7 to 0. UTILITY EASEMENT UTILITY EASEMENT ACROSS CITY PROPERTY (FIRE STATION #13) AT WEST STREET AND BOUNOUS. (District IV) Motion -- Knight moved that the Easement be approved and the Mayor be authorized to sign; -- carried and the Easement be recorded with the Register of Deeds. Motion carried 7 to 0. STREET CLOSURES CONSIDERATION OF STREET CLOSURES/USES. There were no closures/uses considered. SANITARY SEWER CROSSING SANITARY SEWER CROSSING IN SENECA, NORTH OF MAY STREET. (District IV) Agenda Report No. 97-151. On February 8, 1994, the City Council entered into an agreement with Mid-Kansas Engineering Consultants, Inc. (MKEC) for design of improvements to Seneca from 31st Street South to McCormick. The Water Department has requested that MKEC design a 30" sanitary sewer crossing in Seneca north of May Street to be built prior to or in conjunction with the street improvements. Payment to MKEC will be made on a lump sum basis not to exceed $2,000 and will be paid from Sewer Utility funds included in CIP No. S-4 (Reconstruction of Old Sanitary Sewer Lines). Motion -- Knight moved that the Supp. Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. (Item No. 20) KELLOGG/OLIVER KELLOGG/OLIVER INTERCHANGE, PHASE II. (District II) Chris Cherches City Manager reviewed the Item. Agenda Report No. 97-152. In 1990, the Kellogg/Oliver Interchange project was selected as a System Enhancement project by the Kansas Department of Transportation (KDOT). In September 1990, the City Council authorized proceeding with the design of the Kellogg/Oliver Interchange. On April 2, 1991, the City Council approved the City/State Agreement for the project. The Agreement and a Supplemental Agreement, approved by the City Council on September 28, 1993, provide that the State will pay 100% of the cost of construction and construction engineering, to a maximum of $29,670,000. The City agreed to let the contract and provide construction administration for the project. On December 30, 1991, the City entered into an Agreement with Howard Needles Tammen & Bergendoff (HNTB) to prepare construction plans for the project. On December 15, 1992, the City Council approved the drainage concept for the project and KDOT concurred with the concept. On October 15, 1993, the City Council adopted Ordinance 42-171, which authorizes the construction and provides for the local share of the project. The project design is complete and has been approved by KDOT. All necessary right-of-way has been acquired, although clearing activities will continue through May 1997. The Agreement dated December 30, 1991, with HNTB provides that HNTB, when authorized by Supplemental Agreement, will perform construction inspection and administration services. Traffic will be carried through construction. Some temporary roadway construction will be required. It is anticipated that the project will be let in April 1997, with construction beginning in June. Project completion is estimated for the last quarter of 1999. Payment to HNTB will be on a cost plus fixed fees basis in an amount not to exceed $2,741,063. In accordance with the City/State Agreement, the City will make initial payments to HNTB and the contractor. The City will bill KDOT monthly for reimbursement. This is Capital Improvement Project No. F-37 and is authorized by Ordinance 42-171. Motion -- Kamen moved that the bidding for Phase II of the Kellogg/Oliver Interchange construction be authorized and the supplemental agreement with HNTB be approved -- carried and the Mayor be authorized to sign. Motion carried 7 to 0. ARCHITECTURAL SVCS. CONTRACT FOR ARCHITECTURAL SERVICES HUMAN SERVICES DEPARTMENT/HOUSING DIVISION/ WICHITA HOUSING AUTHORITY HUD PROJECT KS16P004011 MCLEAN MANOR COMPLETE RENOVATION AND PROPERTY MANAGEMENT BUILDING RESTROOM DESIGN. (District VI) Agenda Report No. 97-153. The City of Wichita Human Services Department through the Public Housing Comprehensive Grant Program 5-year Action Plan included the complete interior renovation of one (1) and two (2) bedroom apartments and commons areas of the McLean Manor Elderly High-rise; and the reconfiguration of the interior of the Property Management Building inclusive of the relocation and upgrade of the restrooms to meet the applicable codes of the American Disability Act and the Department of HUD 504 Handicap Accessibility Standards. On June 25, 1996, the Council approved the submittal of the FFY 1996 Comprehensive Grant Budget. The Department of HUD approved the budget October 1, 1996. On November 27, 1996, the Human Services Department/Housing Division through the Purchasing Department sent out a request for Expression of Interest for Architectural and Engineering Services for the above referenced projects. On December 12, 1996, proposals from three (3) interested firms were received. The proposals were reviewed and evaluated by a panel and it was determined that the best proposal was submitted by Randal Steiner, AIA, in the amount of #31,600.00. A recommendation was made by the Human Services Department/Housing Division to award the contract to the Steiner firm. Architectural services provided by the Steiner firm will be inclusive of Schematic Design, Design, Development, construction documents, Bid Phase, Construction Observation, Reposts and Project Acceptance. The proposal submitted by Randal Steiner met all requirements outlined in the Expression of Interest at the most economical cost. The proposal price is well within the budgeted amount of the Comp Grant budget Line Item. Total project funding for KS16P004011 McLean Manor is $446,000.00. Motion -- Knight moved that the Contract be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. EMPLOYEE ASSISTANCE EMPLOYEE ASSISTANCE PROGRAM. Agenda Report No. 97-154. The City has long recognized the vital role employees' productivity plays in providing services to the public. Any employee can experience personal problems that affect their work performance. Appropriate assistance for those problems can restore the employee's work performance and the organization benefits through reduced absenteeism, illness, accidents and other factors. To provide this assistance the City implemented a Employee Assistance Program (EAP)in 1984, currently EMPAC. EMPAC is a highly respected non-profit provider of this service in the local area and is familiar with the City's Administrative Regulation #58 governing the City's EAP program. They provide a variety of services, including training to supervisors and employees concerning the program, its features, and method of utilization and referral. EMPAC's proposal for services is in an amount of $8.00 per full time employee per year. This is based upon 2,800 employees and results in an annual fee of $22,400. This is a 50% reduction in the per employee fee charged in prior years. Motion -- Knight moved that renewal of the contract with EMPAC for administration of the City's EAP program be approved and the Purchasing Manager be authorized to sign -- carried an annual contract renewable for up to 3 years. Motion carried 7 to 0. CHENEY WATERSHED WATER QUALITY SAMPLING PROGRAM - CHENEY WATERSHED. Agenda Report No. 97-155. Cheney Reservoir is one of Wichita's major sources of water. It currently provides approximately 50% of Wichita's annual water supply. During peak summer usage periods it provides nearly 60% of the water supply. In the future, Cheney will play an even bigger role in meeting Wichita's water supply needs. On August 24, 1993 the City Council authorized staff to assist in submitting a grant request to the U.S. Environmental Protection Agency for watershed improvement. As part of that action, the Council approved the concept of the City assuming part of the cost of improvements in the watershed that would reduce pollution entering Cheney Reservoir. On May 7, 1996 the Council approved an agreement with the U.S. Geological Service to begin water quality sampling in the watershed above Cheney Reservoir. In the past the Kansas Department of Health and Environment has done some water quality sampling and analysis on waters in the North Fork Ninnescah River above Cheney Reservoir. City staff has also sampled and analyzed some water samples from Cheney Reservoir. However, there is no comprehensive baseline data on water quality in the watershed. The USGS and the Bureau of Reclamation (BOR) have approached the City about participating in a five year program to perform water quality analysis at various sites throughout the watershed. The sampling and analysis plan that has been proposed would include both synoptic sampling (where samples are collected from over thirty different sites in the watershed at one time), and scheduled sampling at five or six key sites in the watershed. The objectives of the project are to develop a comprehensive baseline water quality data base for nutrients, total suspended sediment, and herbicides throughout the watershed. This data will be used to determine the chemical loading into and out of Cheney Reservoir, to identify chemical loadings within the watershed, and to evaluate the effectiveness of the various improvements that are completed in the watershed. Under the proposals that have been submitted, the BOR will fund almost 50% of the cost of the project. The City also has an agreement with the USGS to do most of the sampling and analysis (with some of the work also being done by the Water and Sewer Laboratory), and the USGS has agreed to fund 50% of that obligation, which will leave the City with very little direct cost plus the costs of work done by the Water and Sewer Laboratory. The total cost of the project over a five year period would be $1,820,000. The total cost of the project will be $1,820,000. The Joint Funding agreement with the USGS will provide 50% ($910,000) of the cost of the project, and the Cooperative Agreement with the BOR will provide $900,000 of funding. The City will be responsible for the remaining $10,000, as well as some analysis at the Water and Sewer Laboratory with an estimated cost of $30,000. Funding for the City's share of the expenses should logically be a part of the City's Cheney Quality Improvement project (W-500) which has an annual authorization of $200,000 for cost sharing water quality improvement projects with farmers in the watershed. In order to preserve the maximum amount for hard improvements in the watershed, staff recommends that the Council reduce the amount of authorization in CIP Project W-175 (Future Water Rights Purchases), which has a budget of $250,000 in each of the project years, by $10,000 and increase the Cheney Water Quality project W-500 by that amount in each of the next five years. Motion -- Knight moved that the CIP amendment and the Cooperative Agreement be approved and -- carried the Mayor be authorized to sign. Motion carried 7 to 0. LIEN RELEASE RELEASE OF CONTRACTUAL LIEN AGREEMENT FOR SPECIAL ASSESSMENT ASSISTANCE PROGRAM. Agenda Report No. 97-156. A Special Assessment Assistance Grant Application was requested by Christine I. Henderson and processed by the City of Wichita January 31, 1980, for constructing Lateral 26, Main 1, Southwest Interceptor and acquiring right-of-way for Lateral 26, Main 1, Southwest Interceptor to serve Lot 4, Block D, South Hydraulic Park Addition. The assessments to Key No. B-12417 for the following improvements: constructing Lateral 26, Main 1, Southwest Interceptor was $2,264.11 levied by Ordinance No. 36- 412 and for acquiring right-of-way for Lateral 26, Main 1, Southwest Interceptor was $ 401.22 levied by Ordinance No. 36-411, totaling $2,665.33. A Contractual Lien Agreement was filed with the Register of Deeds February 26, 1980, (No. 4 79386, Film 409, Pages 89 & 90) in the amount of $2,665.33. The is no balance owing on this lien. The duration of the assessment on this lien was 1980 through 1989. The release of this lien will be filed with the Register of Deeds. Motion -- Knight moved that the release of Contractual Lien Agreement be approved and the -- carried Mayor be authorized to sign. Motion carried 7 to 0. PROPERTY ACQUISITION ACQUISITION OF A PORTION OF PROPERTY LOCATED AT 1251 SOUTH SENECA (TRACTS #6 AND 6A) FOR THE SENECA STREET IMPROVEMENT PROJECT FROM PAWNEE TO MCCORMICK. (District IV) Agenda Report No. 97-157. The Seneca Street Improvement Project from 31st Street South to Kellogg, approved by Council on July 18, 1995, requires the partial acquisition of several tracts along South Seneca from Pawnee to McCormick. These tracts include Tracts #6 and 6a which are owned by Louis Marks. The properties are more accurately described in the tract map and legal description. Council approved and placed on first reading the ordinance providing for the acquisition by eminent domain of the tract. Since that time, the owner has reached a negotiated settlement with the City. The subject tracts contain approximately 250 square feet. Due to the small size of the taking, the estimated value of the property is minimal. The property owner has agreed to sell the property to the City of Wichita for $2,000. The 1994 Capital Improvement Program includes $50,000 to acquire the necessary right-of-way for the project along Seneca from Pawnee to McCormick. The funding source is General Obligation Bonds. The budget of $2,250 includes $2,000 for the acquisition and $250 for closing costs, and title insurance. A budgeted amount of $2,850 has already been approved for the purchase of two other tracts. This will be the third purchase for the project. The two remaining tracts needed for the project are in the process of being acquired by eminent domain. Motion -- Knight moved that the Budget and the Real Estate Purchase Contracts be approved and the Mayor be authorized to sign the necessary documents. Motion carried -- carried 7 to 0. EASEMENT ACQUISITION EASEMENT ACQUISITION - EQUUS BEDS GROUNDWATER RECHARGE DEMONSTRATION PROJECT - HARVEY COUNTY. Agenda Report No. 97-158. In November, 1995 the City Council approved the Equus Beds Groundwater Recharge Demonstration Project. The demonstration project is a phased, small-scale, investigative $3.4 million trial project to test the feasibility of a full-scale $106 million groundwater recharge, storage and recovery project to obtain state approval. The groundwater recharge project includes the capture of above base flow water (water which is generated from rainfall runoff above the base river flow) in the Little Arkansas River, the transfer to and storage of captured water in the aquifer, and the recovery and use of this captured water to meet future demands for Wichita, Halstead, Newton, Hutchinson, Mcpherson, Valley Center and other communities. The Equus Beds Aquifer underlies portions of Sedgwick, Harvey, McPherson and Reno Counties and is located within the boundaries of Groundwater Management District No. 2. Since the 1950's water levels in the aquifer have dropped 20 to 40 feet as a result of heavy utilization. The project includes a field testing program, with $1.9 million to construct a data collection network to monitor groundwater, surface water, and water quality and to test and demonstrate the feasibility of the groundwater recharge plan. Sites for the testing and easements accessing them were selected by the project consultants Burns & McDonnell. The proposed easements will be used for the 12-inch water lines that will take water from the Little Arkansas River, process the water and pump it into the Equus Beds. The proposed lines are each approximately two miles long and will require 12 permanent and one land fee acquisition containing a total of 83.25 acres. The City has successfully negotiated the purchase of Tract #3 from Mr. & Mrs. Milferd J. Dirks for $25,000 for 6 acres of land. The costs include the relocation of a 10 inch irrigation well and 1/4 acre irrigation collection pond and recycling pumps. The easements were appraised and reviewed as required under federal guidelines. The appraised sales values were offered and accepted by the owner with payment for damages incurred to the irrigation system located within the proposed 100 feet easement. Funds for property acquisition are available through the Water Supply Plan (Phase I and II), Equus Beds Groundwater Recharge Demonstration Project, CIP Project #W-403, as approved by the Council in November of 1995. A budget of $26,000.00 includes: $3,000.00 for acquisition, $22,000 for costs to remove and relocate the irrigation well and pit, and $1,000.00 for closing fee, recording costs, etc. Motion -- Knight moved that the Budget and the Easement Agreement be approved and -- carried the Mayor be authorized to sign the necessary documents. Motion carried 7 to 0. PROPOSED ASSESSMENTS PROPOSED ASSESSMENT ROLLS. Proposed Assessment Rolls have been prepared for 16 paving projects, and it is necessary to set a public hearing date. Informal hearing with City personnel will be held March 5, 1997. Motion -- Knight moved that the hearing on the Proposed Assessment Rolls be set for 11:00 a.m., Tuesday, March 18, 1997, and the City Clerk be directed to publish the notices of hearing at least once not less than 10 days prior to the date of the -- carried hearing. Motion carried 7 to 0. MONTHLY FINANCIAL MONTHLY FINANCIAL REPORT FOR PERIOD ENDING JANUARY 31, 1997. Motion -- carried Knight moved that the report be received and filed. Motion carried 7 to 0. JANUARY CLAIMS REPORT ON CLAIMS ALLOWED - JANUARY, 1997. Name of Claimant Amount Comfort Temp Insulation $ 250.00 Dianne L. Brown $ 200.00 Lula M. Utsey $1,001.13 Devlin Thompson $ 100.00 Doug Marshall $ 552.19 Mr. & Mrs. Larry Standiford $ 500.00 Robbie J. Clem $1,465.39 George C. McNeill, Jr. $ 40.20 Motion -- carried Knight moved that the report be received and field. Motion carried 7 to 0. (Item No. 30) GRANT REQUEST GRANT REQUEST TO PURCHASE CAMERA EQUIPMENT. Agenda Report No. 97-159. Over 300 domestic violence offenders are arrested each month. Most end up on probation or deferred sentence. Some of them do not comply with court orders regarding treatment and no contact with victims. Quincy, MA. has developed an innovative program where more serious probation violators have their photos printed in the local newspaper. Quincy reports this effort has been very successful in apprehending offenders. The grant program operated by the Attorney General specifically targets efforts to reduce violence against women. Municipal Court wants to pursue similar action against domestic violence offenders using TV Channel 7, and the newspaper when available. The court has obtained a letter of support from the Kansas Coalition Against Sexual and Domestic Violence. The camera and related equipment are a grant request from Federal S.T.O.P. Violence Against Women Grant Program. The grant request is for $1,841.00. In an opinion dated December 6, 1996, the Law Department wrote "Based on the state statutes regarding the release of criminal history information, there is no legal prohibition against the publishing of photographs of individuals who have outstanding warrants for probation violations." Council Member Kamen Council Member Kamen said he had no problem with the Item as long as no photos were published unless authorized by the Court. Chris Cherches City Manager confirmed that publication would be authorized by the Court. Motion -- Kamen moved that the Grant Application and acceptance of funds be approved and -- carried the Mayor be authorized to sign. Motion carried 7 to 0. LEASE AGREEMENT LEASE OF SURPLUS PROPERTY ADJACENT TO 6600 WEST CENTRAL. (District V) Agenda Report No. 97-160. An adjacent owner has proposed to lease 3,600 square feet of surplus City property on West Central. The subject tract is part of an approximately 75,000 square foot tract that was acquired in 1974 for the widening of West Central. A significant portion of the total parcel is impacted with a drainage way. The proposed leased premises is separated from the main parcel by the drainage way. It is roughly triangular in shape and bounded by Central on the south, the drainage way on the east and north and the Lessee's property on the west. The Lessee proposed to construct a 1,000 square foot expansion to their existing restaurant. The subject tract is a landlocked, uneconomical remnant. The Lessee is required to secure all necessary permits and approvals for construction. Although the leased premises are outside the floodplain, the construction plans will be subject to approval based on impact to the floodplain. The Lessor will maintain the entire 3,600 square foot site. The $300 rent rate equates to $.08 per year for the entire site or $.30 per year per square foot of improvements. The lease revenues will go to the Property Management special revenue fund. Motion -- Knight moved that the Lease Agreement be approved and the Mayor be authorized to -- carried sign the necessary documents. Motion carried 7 to 0. LEGAL SERVICES SUPPLEMENTAL CONTRACT FOR LEGAL SERVICES - UNION PACIFIC/SOUTHERN PACIFIC (Item No. 32) MERGER. Gary Rebenstorf Director of Law reviewed the Item. Agenda Report No. 97-161. Steven J. Kalish, Washington, D.C., was previously hired by the City as outside counsel to assist the City in connection with a lawsuit filed in opposition to the merger between the Union Pacific and Southern Pacific railroads. The amount of the initial contract for legal services ($35,000) has been exhausted. The City and County share the legal expenses on a 50/50 basis. This is a complex lawsuit and will entail negotiation which will require the continued assistance of counsel over the next 18 months. The City's share of the additional fees for the work is estimated at $40,000, and an additional contract with Mr. Kalish is required at this time. The fees will be paid from the tort liability fund. Motion -- Cather moved that the Supplemental Contract be approved and the Mayor be -- carried authorized to sign. Motion carried 7 to 0. CONDEMNATIONS REPAIR OR REMOVAL OF DANGEROUS & UNSAFE STRUCTURES. Agenda Report No. 97-162. On February 3, 1997, the Board of Code Standards (BCSA) held a hearing on the following five (5) properties. These properties are considered dangerous and unsafe structures, and are being presented to schedule a condemnation hearing before the Governing Body. Improvement notices have been issued on these structures, however, compliance has not been achieved. Pre- condemnation and formal condemnation letters were issued and the time granted has expired. No action has been taken to repair or remove the following properties. Property Address Council District (1) 638 N. Topeka 6 (2) 710 N. Mathewson 1 (3) 1653 N. Minneapolis 1 (4) 1657 N. Minneapolis 1 (5) 328 W. Morris 6 These structures have defects that under Ordinance No. 28-251 of the Code of the City of Wichita, shall cause them to be deemed as dangerous and unsafe buildings, as required by State Statute for condemnation and consideration. Motion -- Knight moved that the Resolutions placing this matter on the agenda for a hearing -- carried before the Governing body on April 8, 1997, be adopted. Motion carried 7 to 0. RESOLUTION NO. R-97-028 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lots 7-9, Allen now Mathewson Avenue, Allen's Second Addition to Wichita, Sedgwick County, Kansas, known as 710 North Mathewson, in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-97-029 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: the north 20 feet of Lots 35 and the south 20 feet, Lot 37, on Topeka Avenue, J.P. Hilton's Addition to Wichita, Sedgwick County, Kansas, known as 638 North Topeka in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-97-030 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: the west 50 feet of Lot 6, Safety Addition to Wichita, Sedgwick County, Kansas, known as 328 West Morris in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-97-031 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lots 51-53-55-57, Block 6, Kansas Addition to Wichita, Sedgwick County, Kansas, known as 1657 North Minneapolis in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-97-032 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lots 51-53-55-57, Block 6, Kansas Addition to Wichita, Sedgwick County, Kansas, known as 1653 North Minneapolis in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. ORDINANCES SECOND READING ORDINANCES. (First Reading February 11, 1997) ORDINANCE NO. 43-372 Correctional Placement An Ordinance providing amendments to Section II.B.3; Section II.B.5.k; Section II.B.6; Section III.B; Sections III.B.2.c.(2), 3.c.(2), 11.c.(2), 12.c.(2), 13.c.(2), 14.c.(2), 15.c.(2), 16.b.(2), 19.b.(2), 20.b.(2); Section III.D. use regulation schedule; Section III.D.6.h; and Section IV.A.4 of the Wichita-Sedgwick County Unified Zoning Code, adopted by reference in City of Wichita code Section 28.04.010, dealing with definitions and allowed uses of "correctional placement residence", "correctional placement residence, front-ended", correctional placement residence, back-ended", "halfway House", "halfway house limited", "halfway house general", "halfway house commercial", and "group residence", read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. ORDINANCE NO. 43-373 Murdock Bridge An Ordinance declaring Murdock Bridge over the Little Arkansas River (472-82785) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. ORDINANCE NO. 43-374 A 97-7 An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. A 97-7 ORDINANCE NO. 43-375 A 97-8 An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. A 97-8 S/D 96-63 S/D 96-63 - PLAT OF THE RAMSAY FARMS ADDITION LOCATED EAST OF 151ST STREET WEST (Item No. 35) AND NORTH OF MAPLE. Agenda Report No. 97-163. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. (13-1) 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, a 100 percent petition was obtained for the future extension of Wichita water to this site. A Certificate of Petitions has also been submitted. As required by the drainage plan for this site, a cross lot drainage agreement has been obtained by the applicant. This plat has been reviewed and approved by the Planning Commission subject to conditions and recording within thirty (30) days. The negative Planning Commission vote indicated the Commissioner's concern with; development occurring in areas impacted by floodways and floodplains, the concerns indicated by the Health Department on the type of use planned for this site, and the need to have this site participate in the paving of 151st Street West adjacent to the site. Documents Certificate of Petition, Cross Lot Surface Drainage Agmt (Lot 1 and Lot 2, Ramsay Farms Addition). 100 Percent Petition for construction of Water Distribution System Number 448-89124 (north of Maple, east of 151st Street West) ($25,000 SA) (Hold for development) Marvin Krout Director of Planning said it had just come to Staff attention that Rural Water District No. 4 is planning on appearing before the County Commission on February 26th, requesting to expand the Rural Water District to include this Plat and an additional 27 acres at this corner of the intersection. The City of Wichita Water Director indicated the request would be all right as long as an agreement were reached that the City of Wichita would not bear any reimbursed costs to the Rural Water District in the future for any costs the Rural Water district may have in supplying this area with water. It is recommended that approval be also conditioned on the agreement between Rural Water District No. 4 and the City Water Department on the service to this tract and the remainder of the 40 acres that will be requested in the County public hearing; and that the plat be held until there is a complete release of a blanket pipeline easement which is on the property and is in the process of being released. Motion -- Ferris moved that the Petition be approved and the Resolution be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended, including being conditioned on the agreement between Rural Water District No. 4 and the City Water Department on the service to this tract and the remainder of the 40 acres that will be requested in the County public hearing; and that the plat be held until there is a complete release of a blanket pipeline easement which is on the property and is in the process of being released; and the Mayor be authorized to sign the plat. Motion carried -- carried 7 to 0. RESOLUTION NO. R-97-036 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89124 (north of Maple, east of 151st Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Ferris moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. S/D 96-66 S/D 96-66 - PLAT OF THE BRENTWOOD VILLAGE ADDITION LOCATED EAST OF WEBB ROAD AND SOUTH OF HARRY. (District II) Agenda Report No. 97-164. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. (Unanimous) This site has just recently been annexed to the City. Petitions, all 100%, have been submitted for sanitary sewer, municipal water, drainage, storm sewer, paving, and traffic improvements (turn lane). However, the sanitary sewer improvements will be through the County and involves the Four Mile Creek system. 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, this covenant also requires that four (4) off-street spaces be provided for each such lot. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. 100 Percent Petition for construction of Water Distribution System Number 448-89112 (south of Harry, east of Webb) $75,000 SA (Hold for development) 100 Percent Petition for construction of Water Distribution System Number 448-89113 (south of Harry, east of Webb) $41,000 SA (Hold for development) 100 Percent petition for construction of Water Distribution System Number 448-89114 (south of Harry, east of Webb) $53,000 SA (Hold for development) 100 Percent Petition for construction of Storm Water Sewer No. 480 (south of Harry, east of Webb) Project No. 468-82667 ($157,000 SA) (Hold for development) 100 Percent petition for improving of Bluestem from the east line of Webb to the east line of Stoneybrook; Hoyt Circle from north line of Bluestem to and including cul-de-sac; Fox Run Circle from north line of bluestem to and including cul- de-sac, and; Stoneybrook from north line of Bluestem to north line of Brentwood Village Addition, Project No. 472-82795 (south of Harry, east of Webb) $270,000 SA (Hold for development) 100 Percent Petition for improving of Stoneybrook from the east line of Stoneybrook (north) to the south line of Goebel, and; Goebel from the east line of Stoneybrook to the east line of Stoneybrook, Project No. 472- 82796 (south of Harry, east of Webb) $164,000 SA (Hold for development) 100 Percent Petition for improving of Hoyt Circle from the south line of Bluestem to and including cul-de- sac; Fox Run circle from the south line of Bluestem to and including cul-de-sac; Stoneybrook from the south line of Goebel to the south line of Brentwood Village Addition, and; Mt. Vernon from the south line of Brentwood Village Addition to the east line of Brentwood Village Addition, Project No. 472-82797 (south of Harry, east of Webb) $197,000 SA (Hold for development) 100 Percent petition for improving of left turn lane from Webb Road to serve Bluestem Street, project No. 472- 82798 (south of Harry, east of Webb) $14,000 SA (Hold for development) Documents Restrictive Covenant, Certificate of Petitions. 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 7 to 0. RESOLUTION NO. R-97-037 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89112 (south of Harry, east of Webb) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-97-038 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89113 (south of Harry, east of Webb) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-97-039 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89114 (south of Harry, east of Webb) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-97-040 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Sewer No. 480 (south of Harry, east of Webb) Project No. 468-82667 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-97-041 Resolution of findings of advisability and Resolution authorizing improving of Bluestem from the east line of Webb to the east line of Stoneybrook; Hoyt Circle from north line of Bluestem to and including cul-de-sac; Fox Run Circle from north line of bluestem to and including cul-de-sac, and; Stoneybrook from north line of Bluestem to north line of Brentwood Village Addition, Project No. 472-82795 (south of Harry, east of Webb) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-97-042 Resolution of findings of advisability and Resolution authorizing improving of Stoneybrook from the east line of Stoneybrook (north) to the south line of Goebel, and; Goebel from the east line of Stoneybrook to the east line of Stoneybrook, Project No. 472-82796 (south of Harry, east of Webb) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-97-043 Resolution of findings of advisability and Resolution authorizing improving of Hoyt Circle from the south line of Bluestem to and including cul-de-sac; Fox Run circle from the south line of Bluestem to and including cul-de-sac; Stoneybrook from the south line of Goebel to the south line of Brentwood Village Addition, and; Mt. Vernon from the south line of Brentwood Village Addition to the east line of Brentwood Village Addition, Project No. 472-82797 (south of Harry, east of Webb) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-97-044 Resolution of findings of advisability and Resolution authorizing improving of left turn lane from Webb Road to serve Bluestem Street, project No. 472-82798 (south of Harry, east of Webb) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. S/D 96-88 S/D 96-88 - PLAT OF THE WILLOWOOD ESTATES ADDITION LOCATED SOUTH OF MACARTHUR AND EAST OF HYDRAULIC. (District III) Agenda Report No. 97-165. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. (Unanimous) This site is being replatted for development of a mobile home park. A petition, 100%, has been submitted for sanitary sewer improvements. A Certificate of Petitions has also been submitted. As required by the drainage plan for this site, a private cross lot drainage easement (agreement) has been obtained by the applicant. A zone change (Z-3209) from "SF-6", "LC" and "LI" to "MH" zoning has been approved for this site subject to platting. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. Documents Certificate of petition, Easement (Lot 1, Block A, Camelot Addition, Willowood Mobile Home Park, Inc.). 100 Percent Petition for construction of Lateral 85, Main 1, Southwest Interceptor Sewer (south of MacArthur, east of Hydraulic) Project No. 468-82676 ($6,500 SA) (Hold for development) Motion -- Knight moved that the Petition be approved and the Resolution be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 7 to 0. RESOLUTION NO. R-97-045 Resolution of findings of advisability and Resolution authorizing construction of Lateral 85, Main 1, Southwest Interceptor Sewer (south of MacArthur, east of Hydraulic) Project No. 468-82676 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. ADDENDUM ITEM CORE AREA HOTEL AMENDMENT OF BONDING ORDINANCE FOR THE HYATT REGENCY CONVENTION HOTEL, CONFERENCE CENTER, AND PARKING GARAGE PROJECTS. Agenda Report No. 97-166. On March 28, 1995, the City Council approved the adoption of Ordinance No. 42-767 which authorized the use of general obligation bond financing for the Hyatt Regency Hotel, Conference Center and Parking Garage, setting forth the maximum amount for each project that could be financed. On December 28, 1995, the City Council approved an amending Ordinance No. 42-980 which altered the previously approved "not-to-exceed amounts" for each project component to conform to the amounts approved in the final project agreements, and repealed the corresponding provisions of the original bonding ordinance. The language of the previously approved bonding ordinance authorizing fails to state that the amounts authorized for the various project components are exclusive of the costs of temporary financing during construction. Since that time, the City Law Department has begun including language that makes clear this intention. With the inclusion of such clarifying language, the City's fiscal control system allows adjustment in a project's authorized budget to accommodate the accrual of interest expense without it counting against the project's "not- to-exceed amount." The amending resolution, which replaces the previous bonding ordinance, clarifies that the amounts previously approved for bond financing are exclusive of the costs of temporary note financing. The requested action does not increase the City's agreed to contribution of the Hyatt Hotel Project nor increase the project costs of the Conference Center or Parking Garage, all of which are subject to guaranteed maximum price construction contracts. Motion -- Knight moved that the Resolution be adopted and the Ordinance be placed on first -- carried reading. Motion carried 7 to 0. RESOLUTION NO. R-97-035 A Resolution authorizing the issuance of general obligation bonds of the City of Wichita, Kansas, to pay all or a portion of th costs of constructing a hotel with meeting rooms and an adjoining parking garage, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. ORDINANCE An ordinance repealing Ordinance No. 42-480 of the City of Wichita, Kansas, pertaining to the issuance of bonds by the City of Wichita, Kansas at large for public Improvements for a Hotel with meeting rooms and an adjoining parking garage, introduced and under the rules laid over. EXECUTIVE SESSION Motion -- Knight moved that the Council recess to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to pending litigation, legal advice, and contract negotiations; matters relating to employer-employee negotiations; and the regular meeting be resumed no earlier than 10:30 a.m. in the City Council Chambers. -- carried Motion carried 7 to 0. RECESS Council recessed at 9:50 a.m. and reconvened in regular session at 10:55 a.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 10:55 a.m. WORKSHOPS: City Council Workshop - Proposed Cowtown Master Plan City Council/County Commission/Board of Education luncheon - Retail Wheeling COUNCIL PROCEEDINGS JOURNAL 163 February 25, 1997 Page