MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, August 4, 1998 Tuesday, 9:05 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cole, Gale, Kamen, Lambke, Rogers; present. *Council Member Ferris absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Chaplain David Rumback. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. Minutes -- approved The minutes of the regular meeting of July 28, 1998, were approved 6 to 0. (Ferris absent) AWARDS AND PRESENTATIONS SERVICE CITATIONS Mayor Knight presented the Distinguished Service Citations to those present. PROCLAMATIONS Mayor Knight presented the Proclamations to those present. *Council Member Ferris present. PUBLIC AGENDA COMMENTS BY JOHN ANDERSON. John Anderson John Anderson spoke regarding the numerous police reports and phone calls he has received and said he has had repeated problems with communicating with Police Officers and Police, in general from “top to bottom.” Mr. Anderson said there seemed to be an on-going investigation of him and he did not know why; and he hoped his question would be answered. COMMENTS BY JACQUELYN BLAKNEY. Jacquelyn Blakney Jacquelyn Blakney, 1302 South Wichita and 211 W. Bayley, stated that closure of Bayley was not a safety necessity as there had been only one accident over many years. The train tracks ought to be replaced and the streets and residents should be left alone. When traveling north, streets must be crossed. It has not been safe for the last three years and nothing has changed. Fire and rescue units still need access. Ms. Blakney said area residents were told that if they were not happy with offers for their property the City could take the property and did not have to give appraised value. Renters have been contacted and told the City would relocate them; however, the City has no right to contact the renters when the city has not purchased the property. UNFINISHED BUSINESS MENNONITE HOUSING WAIVER MENNONITE HOUSING SERVICES INC. - REQUEST FOR WAIVER. Motion -- carried Knight moved that this Item be deferred two weeks. Motion carried 7 to 0. FINANCIAL REPORT QUARTERLY FINANCIAL REPORT FOR THE PERIOD ENDED JUNE 30, 1998. Mayor Knight Mayor Knight said he had reviewed the Financial Report; it appears the City is in strong financial shape; and he is not aware of any issues that need to be addressed. Motion -- carried Knight moved that the Report be received and filed. Motion carried 7 to 0. AUBURN HILLS AUBURN HILLS GOLF COURSE CLUBHOUSE/COMMUNITY CENTER (SOUTH OF MAPLE, WEST OF 135TH STREET WEST). (District V) Chris Cherches City Manager reviewed the Item. Agenda Report No. 98-695. The 1998/1999 Capital Improvement Program includes a project to construct the new Auburn Hills Golf Course, (CIP No. GC-558001, page 264). On December 17, 1996, the City Council approved the golf course concept. On April 29, 1998, the Staff Screening and Selection Committee selected Spangenberg Phillips Architecture to prepare construction plans for the Clubhouse/Community Center. A design agreement has been prepared. The clubhouse will be located south of Maple on the west side of 135th Street West. The facility will include meeting rooms that will be available to the public. The project budget is $725,000. The funding sources are: $100,000 General Fund Reserves $125,000 Golf Fund $500,000 Special Assessments The City Council allocated the General Fund Reserves on March 24, 1998. The Golf Fund resources became available due to savings in the MacDonald Park Parking Lot project as reported to the City Council on April 21, 1998. The owner of the private development adjacent to the Golf Course has submitted Petitions totaling $500,000. The signature on the Petitions represent 100% of the improvement districts. The design agreement provides for a lump sum payment of $49,375 including reimbursables. Mayor Knight Mayor Knight inquired whether anyone wished to be heard and no one appeared. Motion -- Ferris moved that the Project, Petitions and Design Agreement be -- carried approved and that the Resolutions be adopted. Motion carried 7 to 0. RESOLUTION NO. R-98-331 A Resolution authorizing the issuance of bonds by the City of Wichita at large for public improvements for a clubhouse/community center at Auburn Hills Golf Course, presented. Ferris moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-332 Resolution of findings of advisability and Resolution authorizing constructing of Golf Course Clubhouse (south of Maple, west of 135th) (Project Number 472-82988) 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-333 Resolution of findings of advisability and Resolution authorizing construction of a Golf Course Clubhouse (south of Maple, west of 135th Street West) (Project Number 472-82989) 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-334 Resolution of findings of advisability and Resolution authorizing construction of a golf course clubhouse (south of Maple, west of 135th Street West) (Project Number 472-82990) 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-335 Resolution of findings of advisability and Resolution authorizing construction of a golf course clubhouse (south of Maple, west of 135th Street West) (Project Number 472-82991) 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-336 Resolution of findings of advisability and Resolution authorizing construction of a golf course clubhouse (south of Maple, west of 135th Street West) (Project Number 472-82992) 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. NEW BUSINESS PETITIONS PETITION TO PAVE LOCKWOOD - SENECA TO SOUTHWIND. (District IV) Mike Lindebak City Engineer reviewed the Item and stated that a petition for Maywood would be coming to the City Council in the next few weeks. At that time, it will probably be suggested, if the Maywood Petition is approved, that the paving of Southwind be ordered in by Council. Agenda Report No. 98-696. The Petition has been signed by 18 of 36 owners representing 51% of the Improvement District Area. CPO Council IV considered the Petition on July 9, 1998. The Council voted 6-0 to recommend approval. Lockwood is a sand road that serves a neighborhood of single family homes. The estimated project cost is $220,000, with the total assessed to the Improvement District. The method of assessment is the fractional basis. The estimated rate of assessment to individual properties is $10,200 per lot. Mayor Knight Mayor Knight inquired whether anyone wished to appear and no one appeared. Motion -- Gale moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-98-337 Resolution of findings of advisability and Resolution authorizing paving Lockwood from the east line of Seneca to the west line of Southwind (Project Number 472- 82980) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Gale moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. (Item No. 7) PETITION TO PAVE CUSTER - 27TH STREET SOUTH TO SUNNYBROOK. (District IV) Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 98-697. The Petition has been signed by one of 30 owners representing 86% of the Improvement District Area. CPO Council IV considered the Petition on July 9, 1998. The Council voted 6-0 to recommend approval. The Petition is a platting requirement for Custer Addition, which is a proposed single family development. The estimated project cost is $227,000, with the total assessed to the Improvement District. The method of assessment is the front foot basis. The estimated rate of assessment to individual properties is $93.00 per front foot of ownership. Mayor Knight Mayor Knight inquired whether anyone wished to be heard. Steve Loos Steve Loos, 2914 South Custer, said the paving of Custer is acceptable; however, paving at double the cost of a recently paved street two blocks to the east (St. Paul) is not acceptable. Larry Peterson Larry Peterson, President of the Southwest Neighborhood Association, expressed concern regarding the difference in cost between this project and the St. Paul project, the 19 houses in each cul-de-sac that would feed mostly to Wildwood, the problems of fire service vehicles, and traffic. Mr. Peterson recommended the plat be laid out like the rest of the neighborhood. Council Member Kamen momentarily absent. Sharon Mead Sharon Mead, 2826 South Custer, said she did not think the Fire Department would be able to get into the cul-de-sac areas. Ms. Mead also suggested that there be no houses on the far street. The extra traffic is not needed. Pat McCarthy Pat McCarthy, 2838 South Custer, spoke regarding the difference in the recent St. Paul paving and the estimate for this project. Also, platting is suited for four traditional blocks. This plat is not typical. Council Member Cole momentarily absent. Shirley Biggins Shirley Biggins, 2814 South Custer, stated that her concern is the difference in cost. The plat also puts too many homes in the cul-de-sac area making safety an issue. Phil Meyer Phil Meyer, Baughman Co., stated that the plat layout is typical and cul-de-sacs are considered to be safer than other areas. The utility extensions will be easier with this layout, and the drainage will be easier to handle. Jay Russell Jay Russell, developer, stated that all platting was done per the subdivision regulations; and, he did not realize here was this much controversy about this project. The size of lots (60') is similar to the size of lots in adjoining neighborhoods. The price of the homes will start in the mid $70,000 range and go to over $100,000. With the presented layout, all drainage will go to the west to the drainage ditch - not to the streets. Council Member Gale Council Member Gale stated that this was a good example of infill housing; the price of the existing houses in the area runs from $65,000 to $85,000; lot size for a typical corner lot is 60' on the front by 120'; and the lot size for this proposal is about the same size. Of concern is the difference in the previous paving project mentioned with the estimate for this project. Mike Lindebak City Engineer reviewed the method of developing the estimate and said the estimate includes $19,200 for driveway approaches. This project is also more expensive due to more site clearing and restoration. There would be not quite 20 percent additional expense for clearing along the west side. Jay Russell Jay Russell, developer, said he had no problem paying for site clearing on his side of the street. Council Member Ferris Council Member Ferris asked that, in the future, lots and costs be attached to the agenda reports for petitions such as this. Motion -- Gale moved that the Petition be approved and the Resolution be adopted with economies of scale factored in to correspond with the St. Paul project; and that -- carried site clearings be appropriated to the side being cleared. Motion carried 7 to 0. (This site was later reconsidered and action is shown below.) Motion -- Gale moved that this Item be deferred to August 18, 1998, to allow the City -- carried Engineer to meet with the Neighborhood Associations. Motion carried 7 to 0. (Item No. 8) PETITION TO PAVE 27TH STREET SOUTH - WEST OF CUSTER. (District IV) Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 98-698. The Petition has been signed by one of eleven owners representing 52% of the Improvement District Area. CPO Council IV considered the Petition on July 9, 1998. The Council voted 6-0 to recommend approval. The Petition is a platting requirement for Custer Addition, which is a proposed single family development. The estimated project cost is $173,000, with the total assessed to the Improvement District. The method of assessment is the square foot basis. The estimated rate of assessment to individual properties is $00.90 per square foot of ownership. Mayor Knight Mayor Knight inquired whether anyone wished to be heard. Jack McCarthy Jack McCarthy said the drainage is not good and the view will not be good with this project. The traditional plat layout is still the best way to go. Council Member Ferris Council Member Ferris explained that as long as a plat conforms with the policies and regulations, unless there is something illegal or wrong with the platting, State law gives the City no authority over the plat. How the plat is laid out is determined by the owner and Planning. Council Member Gale Council Member Gale stated that putting in houses should enhance the quality of life. Steve Loos Steve Loos spoke of concern because of the extra traffic. The greatest concern, however, is that of the price discrepancy between the projects. Larry Peterson Larry Peterson inquired whether people on Custer would pay for the south one-half of 27th Street. Mike Lindebak City Engineer explained how it is determined who will pay for a project. Council Member Cole Council Member Cole suggested the Item be sent back to the CPO for discussion and then be returned to the City Council in two weeks. Motion -- Council Member Gale moved that Item seven be reconsidered. Motion -- carried carried 7 to 0. (Action for Item seven is shown with the Item.) Motion -- Gale moved that this Item be deferred to August 18, 1998, to allow the City -- carried Engineer time to meet with the neighborhood associations. Motion carried 7 to 0. PETITION TO PAVE SECOND STREET - HOOVER TO ELDER. (District IV) Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 98-699. The Petition has been signed by 25 of 44 owners representing 57% of the Improvement District area. CPO Council IV considered the Petition on July 9, 1998. The Council voted 6-0 to recommend approval. Second Street is a sand road that serves an older, single family neighborhood. The estimated project cost is $123,000, with the total assessed to the improvement district. The method of assessment is the square foot basis. The estimated rate of assessment to individual properties is $00.24 per square foot of ownership. Mayor Knight Mayor Knight inquired whether anyone wished to speak and no one appeared. Motion -- Gale moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-98-338 Resolution of findings of advisability and Resolution authorizing paving Second Street from the east line of Hoover to the west line of Flora, and from the east line of Flora to the west line of Elder (Project Number 472-82978) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Gale moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. PETITION TO PAVE THIRD STREET FROM FLORENCE TO WEST STREET. (District IV) Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 98-700. The Petition represents 11 of 20 owners and 56% of the improvement district. The Petition has been signed by 11 of 20 owners representing 56% of the Improvement District Area. CPO Council IV considered the Petition on July 9, 1998. The Council voted 6-0 to recommend approval. Third Street is a sand road that serves a combination of retail businesses and single family homes. The estimated project cost is $100,000, with $15,000 paid by the City and $85,000 assessed to the Improvement District. The City share is for the intersection construction cost. The estimated rate of assessment to individual properties is $00.23 per square foot of ownership. Mayor Knight left the Bench; Vice Mayor Gale in the Chair. Vice Mayor Gale Vice Mayor Gale inquired whether anyone wished to be heard and no one appeared. Motion -- Gale moved that the Petitions be approved and the Resolutions be adopted. -- carried Motion carried 6 to 0. (Knight absent) RESOLUTION NO. R-98-339 Resolution of findings of advisability and Resolution authorizing paving of Third Street from the west line of Florence to the west line of West Street (Project Number 472-82979) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Gale moved that the Resolution be adopted. Motion carried 6 to 0. (Knight absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers. Mayor Knight present and in the Chair. IRB - RITCHIE PAVING LETTER OF INTENT FOR INDUSTRIAL REVENUE BONDS FOR RITCHIE COMPANIES. (District V) Allen Bell Financial Projects Director reviewed the Item. Agenda Report No. 98-701. Ritchie Companies, Inc. is requesting the issuance of a Letter of Intent for Industrial Revenue Bonds in an amount not to exceed $3,600,000. The bond proceeds will be used to acquire, construct, and equip a new corporate headquarters facility located at 2872 N. Ridge Road in northwest Wichita. Ritchie Companies is also requesting a 100% 10-year tax abatement on the property financed with the bond proceeds. Ritchie Companies is the parent company of Ritchie Corporation and Rich-Mix Products, Inc. Ritchie Corporation is a manufacturing and construction-related company doing business primarily in Kansas through its several subsidiaries, including Ritchie Paving, Ritchie Sand, Allen Concrete, Ark Valley Concrete and Concrete Accessories Company. Rich-Mix Products is a consumer products manufacturing company operating throughout the Midwest in the production and marketing of bagged concrete mixes and related products such as patio stone and lawn and garden products for the “do-it-yourself” industry. Rich-Mix has plants in Wichita, Dallas, Kansas City, Oklahoma City, Tulsa and Springfield, Missouri. Combined, the Ritchie Companies employs approximately 900 people. The new national corporate headquarters of the Ritchie Companies will be built at the site of the current offices of Ritchie Paving at 29th Street North and Ridge Road. The headquarters facility will consist of 33,000 square feet of new construction attached by a breezeway to 12,000 square feet of existing office space. Construction will be of tilt-up concrete in the same style as the existing offices. There will be new parking for 102 cars, as well as 75 existing spaces. The bond proceeds will be used approximately as follows: Refinance existing building $ 600,000 New Construction 2,300,000 Site work, landscape, irrigation 400,000 Interior, equipment and other 300,000 Total bond proceeds $3,600,000 The land and buildings financed by the bonds will be owned by a real estate holding company controlled by the Ritchie family, M.T.G., LLC, and leased to the Ritchie Companies for use as its corporate headquarters. The law firm of Hinkle, Eberhart & Elkouri will serve as bond counsel. The bonds will be privately placed by the Ritchie Companies and not reoffered to the public. The project qualifies for a 100% 5+5 year tax abatement on bond financed improvements under the City’s adopted Business Incentive Policy because it is the national corporate headquarters facility. Under the Standard Letter of Intent Conditions set forth in the Policy, Ritchie Companies will be required to maintain its corporate headquarters in Wichita for as long as any bonds remain outstanding and for the term of the tax abatement. Ritchie Companies agrees to pay all costs of issuing the bonds and agrees to pay the City's $2,500 annual IRB administrative fee for the term of the bonds. Ritchie Companies is requesting ad valorem tax abatement for improvements to property financed under IRB authority. The company will make payments-in-lieu-of- taxes on existing property. In 1997, the company paid $26,587.79 in taxes on the existing property. The estimated amount of the requested tax abatement is $57,500. Allen Bell Financial Projects Director explained that the cost benefit analysis has not been completed and that portion of this Item will be returned for Council consideration upon completion. Mayor Knight Mayor Knight inquired whether anyone wished to be heard and no one appeared. Motion-- Ferris moved that the issuance a Letter of Intent to Ritchie Companies for Industrial Revenue Bonds in an amount not to exceed $3.6 million, be authorized subject to the Standard Letter of Intent Conditions, for a term of six months, and -- carried the Mayor be authorized to sign. Motion carried 7 to 0. 1999 BUDGET COMMENTS ON THE 1999 PROPOSED BUDGET. Mayor Knight Mayor Knight stated that if the subject of pension fund consolidation of the Boards is ever going to receive his favorable consideration, he would like it to be something that comes from the Boards recommending efficiencies or economies, not from the Finance Office. It is known that there are, supposedly, efficiencies and economies. That is not the issue. Council Member Kamen Council Member Kamen said this matter was discussed at length at the Labor- Management Committee meeting on August 3, 1998. The employee groups, or at least their representatives, that does not necessarily mean the groups agree with them, are interested in the economy but they are not interested in having it done from top to bottom. The employee groups want to start from bottom to top. And, they would like to have a say in how this is accomplished and how the policy making Boards for these employee groups are constructed. There are a number of questions the employee groups would like to ask. It would be worthwhile, if the Council agrees, to have Staff meet with the employee groups and see what their feelings are because they certainly would like to save the $500,000. Mayor Knight Mayor Knight restated his point that the process should not start with the City Council; rather, the process should start with the employees and their representative boards. Council Member Cole Council Member Cole stated that, if those savings took place, those moneys should be for employee enhancements. It is really time to talk about that; however, it should be done with the Boards in a manner that answers the question about what if those savings were realized - what then might that enable as enhancements for employees, whether it be used for pension or other benefits. There should be meaningful discussions. Mayor KnightMayor Knight said he would like to see something that benefits the taxpayers too. “I care about employees. I care about taxpayers. “My point is, you start with those Boards and, if you cannot convince the Boards that it is in the interest of the employees, there is very little likelihood that you are going to convince the Council.” Chris Cherches City Manager, responding to questions, said the savings occurs from the standpoint of consolidating the investment managers. The pension fund, itself, would incur the savings which could be used for enhancements or could be used for reductions in the employee and employer contributions. Council Member Ferris Council Member Ferris clarified that what is being discussed is not about doing away with the Wichita Employees’ Retirement Board and doing away with the Fire Board and then combining that into one Board. That is not the proposal. This is just a proposal - instead of paying two people to manage the pension funds - just to pay one person to manage the pension funds. Chris Cherches City Manager added that instead of paying eight people, four would be paid. And, there is a whole combination of ways to consolidate the investment. The two Boards could be maintained, an Investment Board could be consolidated with the two boards maintained to carry out the other activities of the pension. Council Member Ferris Council Member Ferris said the Budget will be approved next week. This matter has been discussed for a number of years and the Boards look at it and dismiss it. It is not entirely up to the Boards to determine whether or not this should happen because it is not entirely up to the Boards as to some of that money because some of this money is taxpayers’ money. Some of that savings would be incurred by taxpayers as well. So, it is in the City Council’s parameter to look at this matter. Perhaps there may be a better way to approach this but the Council could approve the direction we are going and take the next four months to have the Boards look at and resolve those issues and, in the event that was not resolved, come back to the Council and change Council action if there is not some resolution. Chris Cherches City Manager explained that the budget does not include the savings. In other words, the budget can be adopted without impacting a decision one way or the other. That would have to be a separate decision. Secondly, the Boards met in a joint meeting last week and indicated they would review this Item and be back in December with a recommendation. Action can be taken on the budget because it does not alter any decision. Council Member Ferris Council Member Ferris stated that Part of the problem he has is that employees are being told their retirement is in jeopardy as a result of this; and they have been told by Union representation that their retirement is in jeopardy. The employee may not have been told that by the Union, specifically in that manner - there may have been a misunderstanding, but, if the Union is communicating to employee groups that the action the City Council is considering is jeopardizing their retirement, the Union needs to be careful how they are approaching this subject. “I have seen it before in issues that the City deals with where the Union’s first response is fear and they put fear into their members. They need to understand that this is somewhat of a technical issue and, if they are going to explain it to their Union, they need to explain it in a way that is accurate.” What the Council is considering has no jeopardy to the system because the integrity of funds are still remaining in tact. “I think it is time that we directed the Boards to take this up and to talk about it and not wait because we have been waiting for four years for them to take it up and they have not. So, I think the Council needs to say that we are interested in this and we would like for them to look at it and give us solid reasons why we should not go forward - not just that “we do not want to.” I have a problem with that because I believe that we are talking about serious dollars here. So, I do not have any problem not talking about it in this budget but I certainly have a problem if we do not direct the Boards to take this up, take it under consideration, and report back to us as to why we should not take this action.” Mayor Knight Mayor Knight said he did not think the Board has any problem in considering this and giving the Council their best collective advise. The Unions are trying to be responsive to their members. Even under the best of circumstances in the world we live in, there is tremendous anxiety about the future. People look at this and they say this represents my future, my family’s future, and they are very sensitive about it, as they should be. Do not start with the Council. Do not put it in the Budget in they way it has been done. Go to the Boards and start discussing it there and then, if Staff has a point of view that is very different than the Boards, bring it down here and we will discuss it at length. That is not the way this is being presented. Chris Cherches City Manager confirmed that there is nothing in this proposal that would have impact on the relative policies related to retirees from the different programs. Council Member Rogers Council Member Rogers stated that it needs to be more clearly delineated to all employees, specifically, what the merger would involve and would not involve. Council Member Cole Council Member Cole said the Council should let the employee groups know that what the Council sees the savings make possible for the employees. What is being heard from the Board Members is that, eventually, they would like to know the Council position on this matter. Council Member Cole said she would like the Council to seriously look at this and have it returned to the Council for discussion about possibilities. Council Member Rogers momentarily absent. Mayor Knight Mayor Knight stated, “I think that there is a protocol here that is being missed. I think that it is something that is being interpreted as an end run and it is not necessary. If there is a compelling case to be made, go make it to the Boards. Go involve the people who have the greatest stake in it and, then, let us see where they are at. It may prevent a whole lot of unnecessary hand wringing later.” Council Member Kamen Council Member Kamen said The whole problem, this time, has been lack of communication. Since there is not any plan, there was nothing to present the employees groups and, therefore, they arrived at all sorts of different thoughts about what it entails. Some of them were way out in left field. Some of them were correct. But, it was just a lack of communication and working together. There are problems. First of all - one employees’ group, looking at their investments, is more conservative than the other employees’ group, and that is the way their employees want them to be. Investments in more conservative, more safe areas of a conservative nature, make a little bit less money than those that take a certain risk. The savings is the economy of scale. For example, an investment banker or investment manager who gets to invest $2 million will give a lot better interest rate than will be given if he invests only $1 million. But, one employees group does not want that same type of investment that the other does. If the Boards are joined together, there will be employee groups having problems making decisions. The lack of communication is the big issue. The representatives should be brought in with Staff for discussions. The employee groups certainly want to save money, that is no problem, but they just are not sure that is the way they want to do it, for various reasons. Mayor Knight Mayor Knight inquired whether anyone wished to be heard. Harold Schlechtweg Harold Schlechtweg, SEU Local 513, regarding the Item under Employee Trust Funds, said the reason for his involvement in this is because a number of phone calls were received from members who are concerned about a narrative description that appears in the budget. And, indeed, it appeared to them to be an attempt to end-run and go around both of the Boards and the whole process which would require an Ordinance change by the City Council. Mr. Schlechtweg said the SEU was also contacted by the FOP and Andy Cole. Everything that is being said by Mr. Schlechtweg actually represents a consensus among the organizations. Certainly, the Mayor and Council Member Kamen have a grasp of some of the employee concerns. The belief is that there is a plan and the real concern is not the savings. The savings is embraced and the groups would, very much, like to see the savings. All of the members who are participants in the plan would like to see those kinds of savings. It is not thought that there is not a problem with a policy of investments. Right now, a manager is shared for those two funds and it makes perfect sense. Concern is over the control and setting up of an independent investment board. What employees are saying is that a good portion of the funds is their money and they want to participate in the governance, including the investment. They believe that, with the advice of experts, they have the intelligence to make good decisions. A joint investment committee would be fine. An independent Board, which is being advocated by some, certainly from the Finance Department, is the wrong way to go. Frankly, part of the concern is with the fact that this has originated with the Finance Department, apparently, and has not been generated through discussions with the Board. It is thought both of the Boards are supportive of financial savings. The problem, really, is a question of - whether this going to be controlled in the same joint fashion as it is now, or is it going to be some sort of independent outfit. There are some other concerns that will not be gone into but, it goes to the level of trust. Some feel that the Finance Director’s primary loyalty is to cutting all costs as low as possible and that items like employee pensions and wages are seen as cost items and not investments in human resources. It is a very different way of looking at the issues. While the other approach is valued, because it is necessary and that kind of counsel is always required when decisions about costs are made, it is also thought the other perspective needs to be represented as well. The concern is that, in the event control passes out of some influence by employees, that perspective will not be represented. If there is some note of concern on the part of employees, that is where it is coming from. Karen Page Karen Page, Director of Trade Services with the Kansas World Trade Center, urged approval of the Center’s request of $50,000 for support of the efforts to promote trade in this area. Ms. Page said the total international sales value for the fiscal year was $9.8 million, and there is a projected $3 billion in international sales. This is from the Center’s clients alone - only the people who have reported international sales value. Anna Anderson Anna Anderson, employee of Intrust Bank and Chair of the Board of the Kansas World Trade Center, said Intrust Bank has always received highest quality service from the Kansas World Trade Center, and requested that the Council consider its impact on the local economy and approve the request for support. Ron Aaron Ron Aaron, President of the Wichita Police and Fire Pension Board, assured the Council that the issue of consolidated savings is something that the Board is considering. The Board met last Friday and talked about the issues. Some of the comments that the Mayor brought forward are legitimate concerns from the employee groups with regard to how this matter is handled procedurally. Council Member Ferris’ comments are well noted about the fear. That is probably the result of not having a plan or any recommended changes in the City Ordinance to accommodate changes in the structure of the Board. The Budget highlight that was seen was the only indication of the change - assumed a consolidation of the Board - and that created some fears. The Boards have worked to try to remedy some of the fears and to come up with some creative solutions to address the Council’s concerns about not saving the money through consolidated investments. There have been attempts to consolidate some investments in the past. There was a small cap manager for both sides and when approach was made to negotiate down the fees, the manager was unresponsive, even if $20 million was combined with an additional $30 million. Those things have always been a concern. The structure of how the joint investments would be managed has been rejected by the Boards on the advice of some of the employee groups. But, with the concern that the Council has illustrated to the Boards, it is important that there be a certain time-frame to address the matter. An actuarial firm has been hired to look at all the benefit plans and to recommend a base-line on how improvements can be addressed and in removing antiquated language from the Ordinance. An effort will be made to dove-tail these items together in a report due in September. The Boards will try to have a report to the Council by December with recommendations for approach to consolidation of investments and changes in the pension plans. Motion -- Knight moved that the comments be taken under advisement. Council Member Ferris Council Member Ferris spoke regarding the Riverside Tennis Center. Council Member Ferris said he had a proposal with regard to the Riverside Tennis Center that he would like to have reviewed over the next week. The City has spent just under $100,000 on the Riverside Tennis Center, to date. Council Member Ferris presented a proposal written by Mrs. Ferris. Mrs. Ferris became very concerned when she visited the Riverside Tennis Center and tried to get her children involved in a tennis program and found that the Park and Recreation bulletin in the newspaper does not include the Riverside Tennis Center in the list of programs. One Saturday, there were hundreds of children from the Midwest Region playing tennis at Riverside but, that is the exception, not the rule. The Ralph Wulz Tennis Center/Riverside Tennis Center is one of the top 25 centers in the Country and is extremely underutilized. The Center has a Tennis Pro that is also underutilized. Mrs. Ferris has spent a lot of time looking at both problems and solutions. There is a great deal of money available through the United States Tennis Association (USTA) for tennis programs for children. Right now, if tennis is going to be played in Wichita, it is at a private club or it is learned “on your own.” Mrs. Ferris has a proposal, modeled after cities in California and Missouri, that has taken facilities from being drains on the community to being profit-making centers. The Park Board should do an analysis to see what it would take for the proposal. Council Member Ferris asked the Council to look at the proposal and consider it before the adoption of the Budget on August 11th. A copy of the proposal has been given to the City Manager and to the Director of Parks for evaluation of some of the proposal. The proposal should be sent to the Park Board for analysis of whether or not some of the proposal can be accommodated. The proposal would require some money some money “up front” until the program could become self-supporting. The Manager might have a recommendation for some reserves that might be appropriated to the Park Department for a proposal that the Council might adopt in the future. If the Council did not wish to go forward with any of the proposed programs, the money would go back into the reserves since it would only be appropriated for this project for the purpose of a self-supporting tennis center in the future. The proposal, basically, is to take the Riverside Tennis Center from its current condition to the next level of condition, improve the existing courts, and then to use some money for marketing and programs to make it a self-supporting program over the next five years. -- carried Motion carried 7 to 0. YMCA CAP. IMPROVEMENT CAPITAL IMPROVEMENT REQUESTED FOR SOUTH YMCA DEVELOPMENT. (District IV) Chris Cherches City Manager reviewed the Item. Agenda Report No. 98-703. Certain improvements are required to serve the proposed new YMCA which is being developed in the southern part of the City. The proposed facility will serve the recreational, health, fitness and social opportunities of the businesses and residents in the area. Facilities being planned and constructed will also provide community meeting room space, along with outdoor and family activities, including outdoor swimming pool and ball fields. Current public facilities in this area are limited, thus this new facility will serve a need voiced by residents in this part of Wichita. The YMCA has requested City support of certain public improvements needed for development of this new complex. Improvements required to service this new site include: South half of 33rd Street, southwest to Meridian Street Decel land and entrance from Meridian Drainage structures south of site, over drainage ditch along Meridian Sanitary sewer and water mains to serve site. The above costs are estimated to be about $400,000 and would be included in the City’s Capital Improvements Program (CIP). In exchange for these improvements, the YMCA has offered to deed title to the former Garvey park property to the City of Wichita. (This property is currently encumbered with some existing facilities that would necessitate removal with associated costs). Additional information about the proposed development is available for City Council information. The YMCA has previously provided City Council with information on its fund raising campaign along with the project description. The YMCA representatives have previously requested a grant of $500,000 to accomplish designated improvements. Inasmuch as these improvements are not eligible for Community Development Block grant funds, any public improvements approved by the City Council for City participation would have to come from other sources. It is proposed that these public improvements (above) be programmed in the City’s Capital Improvement Program. Council Member Rogers Council Member Rogers said he was in favor of the project but not in favor of General Fund moneys being used. Council Member Lambke Council Member Lambke stated that the motion should include a condition that needed steps be taken immediately to make the park property being donated made safe and secure. Motion -- Gale moved that the requested improvements in an amount not to exceed $400,000 be approved and that Staff be authorized to proceed with the necessary engineering to implement such work; revisions to the CIP to incorporate the projects, as listed, be authorized; unrestricted title to the former park property be accepted; and approval of the project be conditioned on the requirement that immediate steps be -- carried taken to make the donated park property safe and secure. Motion carried 7 to 0. ELECTRICAL COMPANY MERGER INTERVENTION IN ELECTRICAL COMPANY MERGER PROCEEDINGS. Council Member Kamen declared a conflict of interest and left the Bench. Council Member Ferris left the Bench. Gary Rebenstorf Director of Law reviewed the Item. Agenda Report No. 98-704. The reduction of electrical rates for City facilities and Wichita consumers has been a policy goal of the City Council. Of particular interest is the reduction of the rate disparity between the former Kansas Gas and Electric (KGE) service territory and the rest of Western Resources. The City intervened and actively participated in the recent Western Resources rate case which resulted in a reduction of electrical rates. The City also participates in electrical retail wheeling proceedings on various levels in order to assert and protect the interests of the Wichita Area. At the July 14, 1998, Council discussion of the interim legislative position on retail wheeling, interest was expressed to intervene in current merger proceedings in order to continue to assert the City’s interests. Western Resources and Kansas City Power & Light (KCP&L) have each agreed to the merger of the two electrical companies. That merger is subject to approval and regulation by several regulatory agencies including the Kansas Corporation Commission (KCC). A joint application has now been filed with the KCC for approval of that merger. Also, as part of the merger application, the companies are seeking approval of the transfer of municipal franchises and the restructuring of the debt and organization of the various entities including KGE. The merger will now bring together the owners of the largest shares of Wolf Creek nuclear power plant. It would be prudent to closely monitor these proceedings. The case also provides an opportunity to the City and others to continue to seek the end of rate disparity and to otherwise affect electrical rates. Some of the costs associated with the City’s active intervention in this case will be covered by current professional services contracts. Additional expenses that will be incurred for legal counsel and technical experts would be paid from the 1998 General Fund Appropriated Reserves. Mayor Knight Mayor Knight inquired whether anyone wished to be heard and no one appeared. Motion --Knight moved that intervention in the electrical proceedings be approved. Motion -- carried carried 5 to 0. (Ferris, Kamen absent) CITY COUNCIL AGENDA APPOINTMENTS BOARD APPOINTMENTS (FOR TERMS EXPIRING JUNE 30, 1999). Civil Rights and Services Board (Rogers) Commission on the Status of People with Disabilities (Cole) Human Services Board (Council at large) Police & Fire Retirement Board of Trustees (Rogers) Sister Cities Advisory Board (Rogers) Wichita Athletic Commission (3 appointments - Council at large) Wichita Commission on the Status of Women (7 appointments - Knight, Gale, 2-Ferris, 2-Lambke, Rogers) Motion -- Rogers appointed Sharai McConico (Civil Rights and Services) and moved that the -- carried appointment be approved. Motion carried 6 to 0. (Kamen absent) CONSENT AGENDA Knight moved that the Consent Agenda, except Item 18, be approved in accordance with the recommended action shown thereon. Motion carried 5 to 0. (Ferris, Kamen; absent) BOARD OF BIDSREPORT OF THE BOARD OF BIDS AND CONTRACTS DATED AUGUST 3, 1998. PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: Sewers, Paving and Water Mains as per specifications Water Distribution System to serve 53rd Street North to 55th Street North, east of Seneca. (448-89254/734475/470525) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 4-14-98) (District VI) KC Excavating - $124,244.00 (Base Bid with Deduct Alternate) Landscaping and Beautification for Gypsum Creek Bikepath from Kellogg to Douglas (north of Kellogg, west of Rock Road). (472-82572/706127/405166) Does not affect existing traffic. (Council approval date 3-14-95) (District II) Greenglow - $122,566.50 1998 Contract Maintenance Area Concrete Reconstruction, Phase II at various locations. (132357/621326/112000/533243) Traffic to be maintained through construction. (Council approval date 12-16-97) (District n/a) McFadden Construction - $283,363.00 (Engineer’s Estimate) 1998-1999 CDBG Local Investment Area (LIA) Street Improvements at various locations. (600650/621326/806002/533243) Traffic to be maintained through construction. (Council approval date 7-1-97) (Districts I and VI) Barkley Construction - $210,330.00 (Engineer’s Estimate) McDonald Golf Course Parking Lot. (696054/516006) To be coordinated with the Golf Course. (Council approval date 4-22-98) (District I) Kansas Paving - $89,050.00 1997 Enhanced Maintenance Curb and Gutter Repair at various locations. (706648/405- 218) Traffic to be maintained through construction. (Council approval date 2-16- 97) Barkley Construction - $107,000.00 (Engineer’s Estimate) Water Distribution System to serve Reese Farms Estates south of Maple, west of 151st Street West. (448-89238/734509/470528) Does not affect existing traffic. (Council approval date 4-14-98) (District V) Nowak Construction - $61,687.00 Water Distribution System to serve Bradley Fair Third Addition south of 21st Street North, east of Rock Road. (448-89250/734392/470517) Does not affect existing traffic. (Council approval date 4-7-98) (District II) HD Mills & Sons - $25,510.40 Water Distribution System to serve Balthrop Second Addition north of Central, east of Greenwich Road. (448-89283/734640/470542) Does not affect existing traffic. (Council approval date 7-7-98) (District II) KC Excavating - $16,079.00 Bristol Court from the west line of Bristol to and including the cul-de-sac to serve Balthrop Second Addition north of Central, east of Greenwich Road. (472- 82949/765081/490610) Does not affect existing traffic. (Council approval date 7-7- 98) (District II) Central Paving - $47,357.75 Water Supply Line to serve Reece Farms Addition (north of Kellogg, west of 135th). (448-89240/734517/470529) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 4-14-98) (District V)AND Water Supply Line to serve Auburn Hills Fifth Addition (north of Kellogg, east of 151st Street West). (448-89233/734533/470531) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 2-10-98) (District V) Mies Construction Co., Inc. - $745,734.00 (Total Aggregate Bid) Water Distribution System 13th Street North & Waco. (448-89078/635482/544648) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 1-6-98) (District VI) Wildcat Construction Company - $85,679.00 Knight moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign for the City. Motion carried 7 to 0. WATER & SEWER DEPARTMENT/WATER DISTRIBUTION DIVISION: Cold Water Meters (188201) Schlumberger Resource Management - $58.28 (Item # 1/per each) $77.56 (Item # 2/per each) $87.00 (Item # 3/per each) $12.75 (Item # 4/per each) $17.75 (Item # 5/per each) $23.95 (Item # 6/per each) $42.82 (Item # 7/per each) $42.82 (Item # 8/per each) $42.82 (Item # 9/per each) $ 3.00 (Item #10/per each) $ 6.00 (Item #11/per each) $ 9.00 (Item #12/per each) no charge (Item #13/per each) no charge (Item #14/per each) no charge (Item #15/per each) Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid, and the necessary signatures be authorized. Motion carried 7 to 0. (Later in the meeting the Council returned to take up the following Item.) Motion -- Knight moved that the rules be set aside and the Hotel at Old Town Parking -- carried Structure Item be reconsidered. Motion carried 5 to 0. (Ferris, Kamen; absent) (Item No. 16) PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS DIVISION: Hotel at Old Town Parking Structure (792002) Motion -- Knight moved that the Bid of The Law Company, Inc., be accepted, and the Paragraph -- carried 12a requirement be waived. Motion carried 5 to 0. (Ferris, Kamen; absent) LICENSE APPLICATIONSAPPLICATION FOR LICENSE FOR ADULT ENTERTAINMENT ESTABLISHMENTS/SERVICES. New Valerie Washington Xcitement Video 3909 West Pawnee Motion -- Knight moved that the license be approved subject to Staff review and -- carried approval. Motion carried 7 to 0. (Item No. 18) APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. (Council Member Kamen present) Renewal 1998 Consumption on Premises) Tinh Van Truong Pho Hoa Restaurant* 1015 North Broadway (Consumption off Premises) Mark A. Boswell Midway Oil No. 4 10409 West Maple New Establishment 1998 (Consumption on Premises) Rosa M. Urbina 7 Mares Tavern 511 West 21st North New Operator 1998 (Consumption off Premises) Mark A. Boswell Midway Oil No. 11 895 South Woodlawn *General/Restaurant -- 50% or more of gross receipts derived from sale of food. Motion -- Gale moved that the licenses, with the deletion of the 7 Mares Tavern, be approved -- carried subject to Staff review and approval. Motion carried 6 to 0. (Ferris absent) (Council Member Kamen absent) PLANS AND SPECIFICATIONSPLANS AND SPECIFICATIONS. a. Lateral 133, Main 4, Sanitary Sewer #23 to serve Walnut Grove Addition (north of 35th Street North., west of Seneca). (468-82826/743468/480-437) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 4-7-98) (District VI) b. Boat House Parking Lots at Lewis Street and Wichita Street. (791970/ 435226). To be coordinated with Century II/Expo Hall Director. (Council approval date 3-20-98) (District VI) c. 1998 Arterial Sidewalk and Wheelchair Ramp Construction (Various Locations). (472-82931/706697/405223) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 7- 21-98) (District All) d. 1998 Contract Maintenance Bridge Resurfacing. (132449/112000) Traffic to be maintained through construction using flagpersons, barricades, and concrete barrier walls. (Council approval date 12-16-97) (Districts I, III, VI) Motion --Knight moved that the plans and specifications be approved for bids to be submitted to the Board of Bids and Contracts by 10:00 a.m., August 14, 1998. Motion carried -- carried 5 to 0. (Ferris, Kamen; absent) e. Northeast Transmission Line Phase 1A (from Hess Pump Station to the north side of Little Arkansas River). (448-88985/632521/544211) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 1-6-98) (Districts I, VI) f. Northeast Transmission Line Phase 1B (from north side of Little Arkansas River to the east side of Wichita Drainage Canal). (448-88985/632539/ 544212) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 1-6-98) (Districts I, VI) g. Water Main Replacement Program-Midtown Group. (448-89196/634824/544137) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 1-6-98) (Districts I, VI) h. Northeast Transmission Line Phase 1C (from the east side of Wichita Drainage Canal to Regents Lane & Shocker Drive). (448-88985/632547/544213) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 1-6-98) (Districts I, VI) Motion --Knight moved that the plans and specifications be approved for bids to be submitted to the Board of Bids and Contracts by 10:00 a.m., August 28, 1998. Motion carried -- carried 5 to 0. (Ferris, Kamen; absent) SUBDIVISION PLANS AND SPECIFICATIONS. a. Lateral 142, War Industries Sewer to serve Pebblebrook Addition (north of Pawnee, west of Webb. (468-82884/743575/480448) Does not affect existing traffic. (Council approval date 7-28-98) (District II) b. Lateral 3, Main 8, Southwest Interceptor Sewer to serve J. W. Russell Second Addition (west of Tyler, north of Harry). (468- 82844/743567/480447) Does not affect existing traffic. (Council approval date 6-16-98) (District V) c. Water Distribution System to serve J. W. Russell Second Addition (west of Tyler, north of Harry). (448-89273/734616/470539) Does not affect existing traffic. (Council approval date 6-16-98) (District V) d. Water Distribution System along Edwards to serve Sim Park Gardens, Osteopathic & McLean Park Additions (at Edwards Street, north of Elm). (448-89253/734491/470527) Traffic to be maintained during construction. (Council approval date 4-14-98) (District VI) e. Lakeway Court from the west line of Lakeway Circle, west to and including the cul-de-sac, and; Lakeway Circle from the north line of Lakeway Court, north to and including the cul-de-sac Horseshoe Lake Second Addition (north of 21st Street, west of Hoover). (472-89253/765057/490607) Does not affect existing traffic. (Council approval date 6-2-98) (District V) e. Lincoln from the east line of Greenwich Road to the west line of Woodland Lake Estates Unplatted Tracts & Tracts 1, 2 and 3 (south of Kellogg, west of 127th Street East). (472-82696/763748/490477) Lincoln to be closed. (Council approval date 3-5-97) (District II) Motion --Knight moved that the plans and specifications be approved for bids to be Contracts -- carried by 10:00 a.m., August 14, 1998. Motion carried 5 to 0. (Ferris, Kamen; absent) PRELIMINARY ESTIMATESPRELIMINARY ESTIMATES. a. Storm Water Sewer #500 to serve Prairie Woods Second Addition (north of Pawnee, west of Maize Road). (468-82823/751164/485151) Does not affect existing traffic. (Council approval date 04-14-98) (District V) - $170,145.00 b. 1998 Sanitary Sewer Reconstruction Program - Phase Three (north of Central between Seneca and Oliver). (468-82857/620104/533362) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 1-6-98) (Districts I and VI) - $186,456.00 c. Lateral 28, Main 1, Cowskin Interceptor Sewer to serve Tract 4, Wickes & Horton Addition; Tract 2, Horton Addition; Tract 3, Lofland Addition; Tract 4, Coastal Mart Addition; Tract 5, Miles Country Way Center; and, Tract 6, Unplatted Area ( south of Kellogg, near Lark Lane). (468- 82778/743294/480420) Does not affect existing traffic. (Council approval date 11-4-97) (District V) - $90,000.00 d. Cooper from the south line of Turtle Run Third Addition to the south line of Carson; Marion and Cypress from the west line of Cooper to the west line of Cooper, and; Scott from the west line of Cypress to the west line of Turtle Run Third Addition, to serve Turtle Run Third Addition (south of Pawnee, west of Webb). (472-82703/764886/490590) Does not affect existing traffic. (Council approval date 4-2-96) (District II) - $170,000.00 e. Highland Springs from the east line of the Plat, west to the west line of Shady Shores Circle; Highland Springs Courts (Lots 1-12, Block C) from the south line of Highland Springs, south to and including the cul-de-sac; (Lots 1-9, Block B) from the south line of Highland Springs, south and west to and including the cul-de-sac; (Lots 1-13, Block A) from the north line of Highland Springs, north to and including the cul-de-sac; (Lots 14-26, Block A) from the north line of Highland Springs, north to and including the cul-de-sac; Sidewalk along both sides of Highland Springs from the east line of the Plat to the west line of Highland Springs Court (Lots 1-9, Block B) to serve Highland Springs Addition (south of Central, west of 135th St. West). (472-82915/764795/490581) Does not affect existing traffic. (Council approval date 3-3-98) (District V) - $442,000.00 f. Leecrest/Stafford from the north line of Pawnee to the west line of Maize; Stafford Court from the north line of Stafford to and including the cul-de- sac, serving Lots 16 through 20, Block 2; Stoney Point from the south line of Lot 12, Block 3, to the south line of Haskell; Haskell from the west line of Lot 22, Block 5, to the west line of Maize; and Sidewalk on both sides of Haskell from the west line of Lot 22, Block 5, to Maize to serve Prairie Woods Second Addition (north of Pawnee, west of Maize). (472- 82933/764951/490597) Does not affect existing traffic. (Council approval date 4-14-98) (District V) - $324,000.00 g. Shiloh from the north line of Smithmoor Seventh Addition, south to and including cul-de-sac, and; Mt. Vernon from the east line of Lot 1, Block 3, Smithmoor Seventh Addition, to the east line of Lot 1, Block 4, Smithmoor Seventh Addition to serve Smithmoor Seventh Addition (south of Harry, east of Webb). (472-82860/764993/490601) Does not affect existing traffic. (Council approval date 9-16-97) (District II) - $96,600.00 Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 5 to 0. (Ferris, Kamen; absent) STATEMENTS OF COSTSTATEMENTS OF COST (CHESNEY). a. Constructing Water Distribution System to serve Rocky Creek Addition (north of 13th, east of 127th Street East). Total Cost - $60,630.63 (less financing previously issued - $0.00). Financing to be issued at this time - $63,876.04) (448-89095/733626/470440) b. Constructing Water Distribution System to serve Regency Lakes and Regency Lakes Second (north of 21st Street North, west of Greenwich). Total Cost - $86,601.57 (less financing previously issued - $0.00). Financing to be issued at this time - $91,570.30) (448-89131/733758/470453) c. Constructing Water Distribution System to serve Rocky Creek Addition (north of 13th Street, east of 127th Street East). Total Cost - $30,554.07 (less financing previously issued - $0.00). Financing to be issued at this time - $32,112.48) (448-89120/733907/470468) d. Constructing Water Distribution System to serve Wilson Farms Addition (south of 21st Street, east of Rock). Total Cost - $86,123.24 (less financing previously issued - $0.00). Financing to be issued at this time - $89,454.04) (448-89157/733956/470473) e. Constructing Water Distribution System to serve Greenwich Business Park / Manhattan Addition (north of 21st Street, west of Greenwich Road). Total Cost - $50,499.68 (less financing previously issued - $0.00). Financing to be issued at this time - $52,273.95) (448-89130/733972/470475) f. Constructing Water Distribution System - Greenwich Business Park (north of 21st Street North, west of Greenwich Road) Total Cost - $26,571.44 (less financing previously issued - $0.00). Financing to be issued at this time - $27,498.50) (448-89133/733980/470476) g. Constructing Water Distribution System - Wilson Farms Addition (south of 21st Street, east of Rock). Total Cost - $72,069.89 (less financing previously issued - $0.00). Financing to be issued at this time - $74,808.31) (448-89159/733998/470477) h. Constructing Water Distribution System - Wilson Farms Addition (south of 21st Street, east of Rock). Total Cost - $109,388.18 (less financing previously issued - $0.00). Financing to be issued at this time - $114,400.90) (448-89158/734004/470478) I. Constructing Water Distribution System - Regency Lakes (north of 21st Street, west of Greenwich). Total Cost - $20,528.04 (less financing previously issued - $0.00). Financing to be issued at this time - $21,444.16) (448-89168/734012/470479) j. Constructing Water Distribution System - Wilson Farms (south of 21st Street, east of Rock). Total Cost - $55,470.50 (less financing previously issued - $0.00). Financing to be issued at this time - $57,654.19) (448-89161/734020/470480) k. Constructing Water Distribution System to serve Eck Fourth Addition (south of 21st Street North, west of West Street). Total Cost - $36,054.22 (less financing previously issued - $0.00). Financing to be issued at this time - $37,339.22) (448-89107/734046/470482) l. Constructing Water Distribution System to serve Belle Terre South Addition (south of Kellogg, west of 159th Street East). Total Cost - $130,649.00 (less financing previously issued - $0.00). Financing to be issued at this time - $134,034.38) (448-89176/734103/470488) m. Constructing Water Distribution System to serve Bradford North Third Addition (south of 29th Street, west of Tyler). Total Cost - $94,062.18 (less financing previously issued - $0.00). Financing to be issued at this time - $98,625.89) (448-89169/734111/470489) n. Constructing Water Distribution System to serve Bradford North Third Addition (south of 29th Street, west of Tyler). Total Cost - $38,480.76 (less financing previously issued - $0.00). Financing to be issued at this time - $40,328.99) (448-89170/734129/470490) o. Constructing Water Distribution System - Forest Lakes West Addition (north of 29th Street, east of Tyler). Total Cost - $91,058.16 (less financing previously issued - $0.00). Financing to be issued at this time - $95,111.47) (448-89202/734137/470491) p. Constructing Water Distribution System - Harrison Park Second Addition (east of Webb, north of Harry). Total Cost - $40,304.61 (less financing previously issued - $0.00). Financing to be issued at this time - $42,041.18) (448-89201/734145/470492) q. Constructing Water Distribution System - Wood River Second Addition (south of MacArthur, west of K-15 Highway). Total Cost - $15,338.95 (less financing previously issued - $0.00). Financing to be issued at this time - $16,089.55) (448-89208/734152/470493) r. Constructing Water Distribution System to serve Maples Dunes Addition (north of Maple, east of 135th Street West). Total Cost - $84,476.71 (less financing previously issued - $0.00). Financing to be issued at this time - $88,086.80) (448-89149/734202/470498) s. Constructing Water Distribution System to serve Barrington Corner Second Addition (south of 21st Street, west of Ridge). Total Cost - $45,854.06 (less financing previously issued - $0.00). Financing to be issued at this time - $46,941.81) (448-89218/734228/470500) t. Constructing Water Distribution System to serve Prairie Woods Addition (north of Pawnee, east of Maize). Total Cost - $16,981.20 (less financing previously issued - $0.00). Financing to be issued at this time - $17,419.69) (448-88903/734269/470504) u. Constructing Water Distribution System to serve Huntington Park Addition (south of 13th Street, west of Maize). Total Cost - $12,185.65 (less financing previously issued - $0.00). Financing to be issued at this time - $12,458.76) (448-89230/734277/470505) v. Constructing Water Distribution System - Tract 1 Soccer Field and Tract 2 Regency Park Addition (west of Greenwich, north of K-96 Freeway). Total Cost - $27,331.45 (less financing previously issued - $0.00). Financing to be issued at this time - $27,907.51) (448-89213/734335/470511) w. Constructing Water Distribution System to serve Forest Lakes West Addition (north of 29 Street, east of Tyler). Total Cost - $16,219.21 (less financing previously issued - $0.00). Financing to be issued at this time - $16,665.24) (448-89207/734426/470520) x. Constructing Lateral 128, Westlink Sewer to serve Bradford North Third Addition (south of 29th Street, west of Tyler). Total Cost - $73,501.70 (less financing previously issued - $0.00). Financing to be issued at this time - $76,659.57) (468-82749/743260/480217) y. Constructing Main 25, War Industries Sewer to serve the Boeing Company (from Turnpike Drive west to K-15 and along K-15 north to I-135). Total Cost - $757,054.26 (less financing previously issued - $0.00). Financing to be issued at this time -$794,542.75) (468-82318/741512/480243) z. Constructing Lateral 71, Main 22, War Industries Sewer to serve Wilson Farms Addition (south of 21st Street, east of Rock Road). Total Cost - $356,688.29 (less financing previously issued - $0.00). Financing to be issued at this time - $373,895.64) (468-82737/743211/480412) aa. Constructing Lateral 267, Main 5, Sanitary Sewer #22 to serve Eck Fourth Addition. Total Cost - $51,992.43 (less financing previously issued - $0.00). Financing to be issued at this time -$53,917.22) (468-82665/743237/480414) bb. Constructing Lateral 381, Southwest Interceptor Sewer to serve Forest Lakes West and Forest Lakes Additions, (north of 29th Street, east of Tyler). Total Cost - $268,541.60 (less financing previously issued - $0.00). Financing to be issued at this time -$279,549.82) (468-82766/743278/480418) cc. Constructing Lateral 122, Westlink Sewer to serve Bradford North Addition (west of Tyler, south of 29th Street North). Total Cost - $155,117.17 (less financing previously issued - $0.00). Financing to be issued at this time - $161,784.37) (468-82565/743286/480419) dd. Constructing Lateral 7, Cowskin Interceptor Sewer to serve Maple Dunes Addition (north of Maple, east of 135th Street). Total Cost - $166,413.77 (less financing previously issued - $0.00). Financing to be issued at this time - $173,214.10) (468-82715/743302/480421) ee. Constructing Lateral 36, Main 15, Southwest Interceptor Sewer to serve Barrington Second Addition (south of 21st Street, west of Ridge). Total Cost - $38,850.00 (less financing previously issued - $0.00). Financing to be issued at this time -$39,751.49) (468-82781/743328/480423) ff. Constructing Lateral 321, Southwest Interceptor Sewer (south of MacArthur, west of Hoover). Total Cost - $33,283.24 (less financing previously issued - $0.00). Financing to be issued at this time -$34,202.25) (468-82291/743336/480424) gg. Constructing Lateral 388, Southwest Interceptor Sewer to serve Unplatted Tract (north of 35th Street South, west of Meridian). Total Cost - $12,240.00 (less financing previously issued - $0.00). Financing to be issued at this time - $12,685.23) (468-82790/743344/480425) hh. Constructing Lateral 347, Southwest Interceptor Sewer to serve Prairie Woods Addition (north of Pawnee, east of Maize). Total Cost - $56,040.37 (less financing previously issued - $0.00). Financing to be issued at this time - $57,728.75) (468-82464/743351/480426) ii. Constructing Lateral 129, Westlink Sewer to serve Huntington Park Addition (south of 13th Street, west of Maize Road). Total Cost - $11,044.55 (less financing previously issued - $0.00). Financing to be issued at this time - $11,402.53) (468-82792/743369/480427) jj. Constructing Lateral 158, Sanitary Sewer #22 to serve Lot 4, Block B, Section II, Missouri Pacific Industrial Park. Total Cost - $15,735.37 (less financing previously issued - $0.00). Financing to be issued at this time - $16,125.09) (468-82791/743377/480428) kk. Constructing Lateral 355, Southwest Interceptor Sewer, Northridge Lakes Addition (east of Tyler, north of 21st Street). Total Cost - $46,460.99 (less financing previously issued - $0.00). Financing to be issued at this time - $47,902.73) (468-82491/743385/480429) ll. Constructing Lateral 386, Southwest Interceptor Sewer to serve Northridge Lakes Addition (east of Tyler, south of 29th Street North). Total Cost - $31,732.05 (less financing previously issued - $0.00). Financing to be issued at this time - $32,691.89) (468-82782/743393/480430) mm. Constructing Lateral 17, Main 13, Southwest Interceptor Sewer, Phase I to serve Lark Sixth Addition (south of Kellogg, east of 119th Street West). Total Cost - $78,134.82 (less financing previously issued - $0.00). Financing to be issued at this time - $79,773.64) (468-82793/743419/480432) nn. Constructing Lateral 18, Main 13, Southwest Interceptor Sewer, Phase II to serve Lark Sixth Addition (south of Kellogg, east of 119th Street West). Total Cost - $47,326.04 (less financing previously issued - $0.00). Financing to be issued at this time - $48,297.57) (468-82794/743427/480433) oo. Constructing Lateral 372, Southwest Interceptor Sewer, Phase II to serve Stonebriar Addition (west of Meridian, south of 47th Street South). Total Cost - $98,472.44 (less financing previously issued - $0.00). Financing to be issued at this time - $100,569.24) (468-82640/743435/480434) pp. Improving Storm Water Sewer #485 to serve Willowbend North Addition (west of Rock, south of 45th Street North). Total Cost - $51,433.68 (less financing previously issued - $0.00). Financing to be issued at this time - $54,104.71 (468-82713/751008/485136) qq. Constructing Storm Water 488 to serve Wilson Farms Addition (south of 21st Street, east of Rock). Total Cost - $203,324.03 (less financing previously issued - $0.00). Financing to be issued at this time - $211,696.98 (468-8274/751032/485139) rr. Constructing Storm Water Sewer #489 to serve Wilson Farms Addition (south of 21st Street, east of Rock Road). Total Cost - $220,335.32 (less financing previously issued - $0.00). Financing to be issued at this time - $228,614.61 (468-82742/751073/485142) ss. Constructing Storm Water Sewer #461 to serve Prairie Woods Addition (north of Pawnee, east of Maize). Total Cost - $46,055.31 (less financing previously issued - $0.00). Financing to be issued at this time - $47,381.40 (468-82468/751123/485147) tt. Constructing Storm Water Sewer #465 to serve Northridge Lakes Addition (east of Tyler, north of 21st Street). Total Cost - $89,117.70 (less financing previously issued - $0.00). Financing to be issued at this time - $91,667.32 (468-82498/751131/485148) uu. Constructing Storm Water Sewer #499 to serve Stonebriar Addition (west of Meridian, south of 47th Street). Total Cost - $71,764.96 (less financing previously issued - $0.00). Financing to be issued at this time - $73,738.49 (468-82801/751156/485150) vv. Constructing Water Distribution System to serve Rocky Creek Addition (north of 13th, east of 127th Street East). Total Cost - $39,079.41. (less financing previously issued - $0.00). Financing to be issued at this time - $40,993.35 (448-89163/733899/470-467) Motion -- Knight moved that the Statements of Cost be approved and filed. Motion -- carried carried 5 to 0. (Ferris, Kamen; absent) 100 PERCENT PETITIONSPETITION FOR SIDEWALK ON THE WEST SIDE OF VINE, SOUTH OF FIRST STREET. (District VI) Agenda Report No. 98-705. The Petition has been signed by two owners representing 100% of the improvement district. The sidewalk will be adjacent to a single family home. The estimated project cost is $790. The funding source is special assessments. Motion -- Knight moved that the Petition be approved and the Resolution be adopted. Motion -- carriedcarried 5 to 0. (Ferris, Kamen; absent) RESOLUTION NO. R-98-340 Resolution of findings of advisability and Resolution authorizing construction of a Sidewalk on the west side of Vine, south of First Street, Project Number 472-82987, 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 5 to 0. (Ferris, Kamen; absent) Yeas: Cole, Gale, Lambke, Rogers, Knight. PETITION FOR SANITARY SEWER AND FIRE HYDRANT SYSTEM TO SERVE LOT 12, BLOCK 1, COMOTARA INDUSTRIAL PARK SECOND ADDITION (SOUTH OF 34TH STREET NORTH, WEST OF WEBB). (District II) Agenda Report No. 98-706. The Petition has been signed by one owner representing 100% of the Improvement District. The project will provide sanitary sewer and fire protection system to a new industrial warehouse. The estimated project cost is $27,500. The funding source is special assessments. Motion -- Knight moved that the Petition be approved and the Resolution be adopted. -- carriedMotion carried 5 to 0. (Ferris, Kamen; absent) RESOLUTION NO. R-98-341 Resolution of findings of advisability and Resolution authorizing construction of Lateral 51, Main 7, Sanitary Sewer No. 23 and a Fire Hydrant (south of 34TH Street North, west of Webb) (Project Number 468-82852) 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 5 to 0. (Ferris, Kamen; absent) Yeas: Cole, Gale, Lambke, Rogers, Knight BOARDS MINUTES MINUTES OF ADVISORY BOARDS. CPO Southeast Council 3, 7-23-98 CPO Southwest Council 4, 7-23-98 Wichita Public Library Board, 7-21-98 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 5 to 0. (Ferris, Kamen; absent) STREET CLOSURES/USESCONSIDERATION OF STREET CLOSURES/USES. There were no Street Closures/Uses to consider. CENTRAL KANSAS RR AGREERAILROAD CROSSING AGREEMENTS: CENTRAL KANSAS RAILWAY CROSSING AT ST. LOUIS AND MERIDIAN. (District IV) Agenda Report No. 98-708. The 1998 Capital Improvement Program includes a project to improve Meridian between Maple and Central. At the railroad crossing of the Central Kansas Railway near St. Louis Street, it is necessary to install a 36" storm water sewer and 36" and 8" water lines. An Agreement has been prepared which allows the City to construct and maintain the storm drain and water lines within the railroad right-of-way. There is a $500.00 administrative fee for each agreement ($1,500 total), with $500 paid by General Obligation Bonds and $1,000 by the Water Utility. Motion -- Knight moved that the Agreement and the $1,500 administrative fee to the Central Kansas Railway be approved; and the Mayor be authorized to sign the necessary -- carried documents. Motion 5 to 0. (Ferris, Kamen; absent) VICTIM’S RIGHTS CONTRACT CONTRACT FOR VICTIM’S RIGHTS SERVICES. Agenda Report No. 98-709. Kansas law requires that municipalities provide notice to crime victims of certain court proceedings in conformity to the Victims' Bill of Rights contained in the Kansas Constitution and statutes. The City of Wichita has adopted Resolution No. R-93-327 to implement these notification requirements. For the past year the services to implement this resolution have been provided to the City of Wichita through a contract with Correctional Counseling of Kansas which has an option to renew for one additional year. Correctional Counseling of Kansas is not requesting any change in the current agreement which was negotiated after a solicitation for proposals for these services in October 1996. The total cost for these services is $42,966. Funds in the amount of $42,966 are presently included in the Department of Law 1999 budget for this purpose. Motion -- Knight moved that the Contract be approved and the Mayor be -- carriedauthorized to sign. Motion carried 5 to 0. (Ferris, Kamen; absent) N.E. TRANSMISSION FACILITYSUPPLEMENTAL AGREEMENT FOR THE NORTHEAST TRANSMISSION FACILITY. (Districts I, II, and VI) Agenda Report No. 98-710. On July 18, 1995, the City Council approved the design of the Northeast Transmission Facility, and on February 27, 1996, the City Council entered into an agreement with Professional Engineering Consultants, P.A. (PEC) to design the facility. The fee was $91,500. The project consists of the design of approximately 13,000 feet of 48 inch water main from the Hess Pump Station to a location near Murdock and Piatt Street. PEC was also required to determine optional routings and pipe sizes from Murdock and Piatt east to Webb Road. On December 17, 1996, the City Council approved Supplemental Agreement Number 1 which required PEC to revise the alignment of a 48- inch water line from the Hess Pump Station to connect to the water system at Fountain and the railroad near the Roosevelt Elevated Water Tank, approximately 13,000 additional lineal feet. The fee was $80,400. On March 25, 1997, the City Council approved Supplemental Agreement Number 2 which required PEC to perform a title search and prepare tract drawings for easements along the railroad right-of-way. The fee was $23,000. PEC has been asked to revise the plans for the facility so the project can be bid in three parts. Payment to PEC for Supplemental Agreement No. 3 will be made on a lump sum basis of $1,950 and will be paid by funds available in the project budget. The funding source is Water Utility. Motion -- Knight moved that the Supplemental Agreement be approved and the Mayor be -- carriedauthorized to sign. Motion carried 5 to 0. (Ferris, Kamen; absent) HEARTSPRING CHANGE ORDER HEARTSPRING RENOVATION - CHANGE ORDER. Agenda Report No. 98-711. The second phase of the redevelopment of the former Heartspring Campus includes the renovation of three four-plex residential units into trainee housing for Cessna trainees. On October 7, 1997, the City Council approved the award of the construction contract to John E. Baker Construction. During construction, modifications were required to improve the serviceability and appearance of the residential units. These included: replacement of all existing carpeting; replacement of sheet vinyl in kitchens and laundry rooms; replacement of exterior door passage sets; upgrading specified storm doors; replacement of waste and overflow lines on bath tubs; and exterior site improvements. The project is funded with Community Development Block Grant (CDBG) funds. The total amount of the change order is $19,035.64. Funds are available within the previously approved CDBG budget. Motion -- Knight moved that the Change Order be approved and the Mayor be authorized to sign. -- carried Motion carried 5 to 0. (Ferris, Kamen; absent) PROPERTY ACQUISITIONSACQUISITION OF PROPERTY LOCATED AT 416 EAST BAYLEY AND 1248 SOUTH TOPEKA (TRACT 10) FOR THE BAYLEY STREET RAIL CORRIDOR IMPROVEMENT PROJECT. (District VI) Agenda Report No. 98-712. The Bayley Street Rail Corridor Improvement Project, approved by City Council on June 24, 1998, requires the full acquisition of eleven tracts along Bayley Street. One of these tracts is 416 East Bayley and 1248 South Topeka which is owned by Joseph Olden. The property is legally described as the Lot 48 and the South half of Lot 46 on Topeka Avenue in Zimmerly’s 2nd Addition to Wichita. The subject tract contains approximately 5,662 square feet and is improved with two single family structures containing 1,005 and 572 square feet. A valuation of the tract indicated that the property is worth $64,800. The property owner has agreed to sell the property to the City for this amount. The funding source is General Obligation Bonds. The budget of $79,800 includes $64,800 for the acquisition, $10,000 for demolition and associated costs, and $5,000 for acquisition and closing costs, title insurance, etc.. This is the third acquisition for the project. Counting this property, expenditures of $215,800 have been approved. Motion --Knight moved that the Budget and the Contract be approved; and the Mayor be -- carriedauthorized to sign the necessary documents. Motion carried 5 to 0. (Ferris, Kamen; absent) ACQUISITION OF PROPERTY LOCATED AT 210/210 ½ WEST BAYLEY (TRACT 3) FOR THE BAYLEY STREET RAIL CORRIDOR IMPROVEMENT PROJECT. (District VI) Agenda Report No. 98-713. The Bayley Street Rail Corridor Improvement Project, approved by City Council on June 24, 1998, requires the full acquisition of eleven tracts along Bayley Street. One of these tracts is 210/210 ½ West Bayley which is owned by Joy Tells. The property is legally described as the East 50 feet of Lots 46 and 48 on Wichita Street in Nelson’s Highland Division to Wichita. The subject tract contains approximately 3,500 square feet and is improved with a residential duplex containing 1,246 square feet. A valuation of the property indicated that the property is worth $33,500. The property owner has agreed to sell the property to the City for this amount. The funding source is General Obligation Bonds. The budget of $42,000 includes $33,500 for the acquisition, $5,000 for demolition and associated costs, and $3,500 for acquisition and closing costs, title insurance, etc.. This is the third acquisition for the project. Counting this property, expenditures of $136,000 have been approved. Motion --Knight moved that the Budget and the Contract be approved; and the Mayor be -- carriedauthorized to sign the necessary documents. Motion carried 5 to 0. (Ferris, Kamen; absent) HOMELESS ASSISTANCE GRANTGRANT APPLICATION - HOMELESS ASSISTANCE. Agenda Report No. 98-714. On April 30, 1998, the Department of Housing and Urban Development (HUD) issued a Notice of Funding Availability (NOFA) for the 1998 Continuum of Care Homeless Assistance Program. The NOFA made funds available for the Supportive Housing Program which includes transitional housing, supportive services, and safe havens, shelter plus care, and Section 8 moderate rehabilitation single room occupancy program for homeless individuals. The application includes the following three projects: 1. Transitional Housing Project - mental illness $985,980 2. Episcopal Social Services Hyde Park Employment $804,453 3. YWCA’s Advantage Childcare Center $323,199 All matching funds required by the projects included in the grant would be provided by non-city sources. No general funds are requested. Motion -- Knight moved the Grant Applications be approved and the Mayor be authorized to -- carried sign. Motion carried 5 to 0. (Ferris, Kamen; absent) Council Member Kamen present. PLANNING AGENDA Marvin KroutDirector of Planning stated that Items 34, 35, and 37 could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Knight moved that Planning Agenda Items 34, 35, and 37 be approved as consensus -- carried Items. Motion 6 to 0. (Ferris absent) V-2095 PUBLIC HEARING V-2095 - REQUEST TO VACATE A PORTION OF 25 FOOT BUILDING SETBACK LOCATED ON A LOT ON BRADFORD CIRCLE IN THE WHITE TAIL ADDITION, SOUTH AND WEST OF BRADFORD CIRCLE, 13TH STREET NORTH AND 127TH EAST. (District II) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 98-715. MAPC Recommendation: Approve vacation of a portion of 25 foot building setback. Staff Recommendation: Approve vacation of a portion of 25 foot building setback. This is a request to vacate a small triangular area within the platted 25 foot building setback, to accommodate a proposed house plan. This vacation would reduce the building setback from 25 feet to 15.7 feet on the southern portion of the property. The vacation request has been reviewed and approved by the Planning Commission. Nearby lot owners were notified, but no members of the public addressed the MAPC in opposition to this request. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Knight moved that the Public Hearing be closed; and the Vacation be approved and -- carried the Mayor be authorized to sign. Motion carried 6 to 0. (Ferris absent) V-2096 PUBLIC HEARING V-2096 - REQUEST TO VACATE FLOODWAY AND SIDEWALK EASEMENT LOCATED ON A LOT ON BREEZY POINTE CIRCLE, IN AN AREA WEST OF 119TH STREET WEST, NORTH SIDE OF MAPLE. (District V) Marvin Krout Director of Planning reviewed the Item for the City Council. Agenda Report No. 98-716. MAPC Recommendation: Approve vacation of floodway and sidewalk easement. Staff Recommendation: Approve vacation of floodway and sidewalk easement. The applicant is requesting to vacate a portion of platted floodway and sidewalk easement for placement of a new house. This vacation would reduce the easement area in the rear of the lot from 75 feet to 71 feet. The vacation request has been reviewed and approved by the Planning Commission, after nearby property owners had been notified of the request. No members of the public addressed the MAPC in opposition to this request. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Knight moved that the Public Hearing be closed; and the Vacation be approved and -- carried the Mayor be authorized to sign. Motion carried 6 to 0. (Ferris absent) S/D 97-31 S/D 97-31 - PLAT OF SAVANNA AT CASTLE ROCK RANCH NINTH ADDITION LOCATED NORTH OF (Item No. 34) 13TH STREET NORTH, EAST OF 143RD STREET EAST. Agenda Report No. 98-717. MAPC Recommendation: Approve the Plat. Staff Recommendation: Approve the Plat. Petition for construction of Water Distribution System Number 448-89303 (north of 13th, east of 143rd Street East) $54,400 S.A. Petition for construction of Water Distribution System Number 448-89304 (north of 13th, east of 143rd Street East) $79,050 S.A. Certificate of Petition and Restrictive Covenant. Application for Water Service outside the Corporate Limits of the City from K & N Stephenson, L.P., and the Linda Lucile Stephenson Trust for Lots 1 through 24, Block 1; and Lots 1 through 32, Block 2; Savanna at Castle Rock Ranch Ninth Addition. Motion --Knight moved that the Plat and Petition be approved; the Resolution be adopted; and -- carriedthe Mayor be authorized to sign the necessary documents. Motion carried 6 to 0. (Ferris absent) RESOLUTION NO. R-98-342 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89303 (north of 13th, east 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 6 to 0. (Ferris absent) Yeas: Cole, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-343 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89304 (north of 13th, east 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 6 to 0. (Ferris absent) Yeas: Cole, Gale, Kamen, Lambke, Rogers, Knight. S/D 98-29 S/D 98-29 - PLAT OF PURSLEY ADDITION LOCATED ON THE EAST SIDE OF BROADWAY, NORTH OF (Item No. 35) 31ST STREET SOUTH. (District III) Agenda Report No. 98-718. MAPC Recommendation: Approve the Plat. Staff Recommendation: Approve the Plat. Motion --Knight moved that the Plat be approved and the Mayor be authorized to sign. Motion -- carried carried 6 to 0. (Ferris absent) S/D 98-42 S/D 98-42 - PLAT OF CUSTER ADDITION LOCATED ON THE SOUTH SIDE OF 27TH STREET SOUTH, WEST OF MERIDIAN. (District IV) Motion -- carried Gale moved that this Item be deferred two weeks. Motion carried 6 to 0. (Ferris absent) S/D 98-47 S/D 98-47 - PLAT OF SMITHMOOR EIGHTH ADDITION LOCATED SOUTH OF HARRY, WEST OF (Item No. 37) GREENWICH. (District II) Agenda Report No. 98-720. MAPC Recommendation: Approve the Plat. Staff Recommendation: Approve the Plat. Petition for construction of Water Distribution System Number 448-89302 (south of Harry, east of Webb) $39,200 S.A. Petition for improving of Chateau from the south line of Smithmoor Third Addition to the south line of Smithmoor Eighth Addition, Project No. 472-82986 (south of Harry, east of Webb) $118,000 S.A. Certificate of Petitions, Off-Site Drainage Agreement, Dedication, and Restrictive Covenant. Motion --Knight moved that the Plat and Petition be approved; the Resolution be adopted; and -- carriedthe Mayor be authorized to sign the necessary documents. Motion carried 6 to 0. (Ferris absent) RESOLUTION NO. R-98-344 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89302 (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 6 to 0. (Ferris absent) Yeas: Cole, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-345 Resolution of findings of advisability and Resolution authorizing improving of Chateau from the south line of Smithmoor Third Addition to the south line of Smithmoor Eighth Addition, Project No. 472-82986 (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 6 to 0. (Ferris absent) Yeas: Cole, Gale, Kamen, Lambke, Rogers, Knight. EXECUTIVE SESSION Motion -- Knight moved that the Council recess to executive session to consider consultation with legal counsel on matters privileged in the attorney- client relationship relating to legal advice and contract negotiations; and confidential data relating to the financial affairs or trade secrets of a business; and the regular meeting be -- carried resumed at 12:15 p.m. in the City Council Chambers. Motion carried 6 to 0. (Ferris absent) RECESS Council recessed at 12:00 p.m. and reconvened in regular session at 12:35 p.m. Council Members Ferris, Kamen; absent. Notion -- Knight moved that Item 16, Hotel at Old Town Parking, be reconsidered. Motion -- carried carried 5 to 0. (Ferris, Kamen; absent) (The Council returned to Item 16; action is shown in Agenda order.) ADJOURNMENTThe City Council meeting adjourned at 12:38 p.m. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 166 AUGUST 4, 1998