MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, October 28, 1997 Tuesday, 9:10 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Lambke, Cole, Ferris, Gale, Kamen; present. *Council Member Rogers absent. Chris Cherches, City Manager; Joe Lang, First Assistant City Attorney; Pat Burnett, City Clerk; present. The invocation was given by Rev. Lucius Woodard, Greater Mizpah Baptist Church. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. Minutes -- The minutes of the regular meeting of October 21, 1997, were -- approved approved 6 to 0. (Rogers absent) *Council Member Rogers present. AWARDS AND PRESENTATIONS PROCLAMATIONS Mayor Knight presented the Proclamations that were previously approved. PUBLIC AGENDA COMMENTS BY CURAN WRIGHT. Curan Wright Curan Wright, 415 North Lorraine, Apt #109, showed slides and spoke regarding the noise construction workers create at around 8 to 8:30 a.m. Mr. Wright asked that the Ordinance regarding noise and disturbing the peace be made more specific. Joe Lang Senior Assistant City Attorney said Mr. Wright has filed a civil lawsuit and at present, any remedies Mr. Wright might have are a private matter between him and his landlord or the courts. There was no action taken on this Item. UNFINISHED BUSINESS DP-176 AND Z-3251 DP-176 - AMENDMENT #1 TO THE SUMMERFIELD III COMMERCIAL COMMUNITY UNIT PLAN; AND Z- 3251 - ZONE CHANGE FROM "GO" GENERAL OFFICE TO "LC" LIMITED COMMERCIAL LOCATED SOUTH OF MAPLE, WEST OF MAIZE ROAD. (District V) Continued from October 21, 1997. Motion -- Ferris moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC be approved, subject to the recommended conditions, and the Planning Department be instructed to forward the Ordinance for first reading when the plat is forwarded to the City Council. Motion carried -- carried 7 to 0. SEWER PETITION PETITION FOR SANITARY SEWER TO SERVE AN AREA ON THE SOUTH SIDE OF KELLOGG NEAR LARK LANE. (District IV) Chris Cherches City Manager explained that the applicant had requested a one-week deferral. Motion -- carried Ferris moved that this Item be deferred one week. Motion carried 7 to 0. SOLID WASTE MANAGEMENT STATUS REPORT ON THE SEDGWICK COUNTY COMMISSION'S PROPOSED SOLID WASTE MANAGEMENT PLAN PROPOSAL PLAN. Steve Lackey Director of Public Works stated that at the October 22, 1997, Sedgwick County Commission meeting, actions, which will affect the Solid Waste Management Plan that will be submitted to KDHE, were taken by the County Commission as follows: Yard Waste Ban - The Commission voted 3 to 2 to ban yard waste from a final disposal site, but not until October of 2001. Construction and Demolition Ban - The Commission voted to implement not later than October of 2001. Volume Based Rates - The Commission voted 5 to 0 to refer the issue back to the Solid Waste Management Committee for design of a specific program. The Commission did seem to be interested in implementing a method for volume based rates but, again, they did not want to implement the program until October of 2001 (the date Brooks Landfill is scheduled to close). Curbside Recycling Program - The Commission voted 5 to 0 to send back to the Solid Waste Management Committee for design of a specific program and for consideration as to how the program will work with a volume based system with no specific time frame as to when it is to be implemented. Collection of Solid Waste - The Commission voted 5 to 0 to continue the free-market system. Waste Diversion Goals - The Commission voted 5 to 0 to set a goal of 40 percent by the year 2003. The Sedgwick County Commission will take final action at their meeting of October 29th, and staff will review the plan in an effort to put together issues which will be presented to the Council and, later on, may be forwarded on to KDHE in the form of comments. One issue is the fact that a transfer station was chosen over a landfill facility. The document indicates that the increase in tipping fees may go from the current $26/ton to from $33 to $38/ton, a 27 to 46 percent increase in tipping fees at the final disposal facility. This could equate, based on previous history on haulers have increased prices at the residential unit, to a residential rate increase of approximately $2/month. The document addressed how a curbside recycling program might be paid for, and it was left open as to whether it would be a property fee or a tax increase. This could impact the residential unit anywhere from $15 to $36/year and that would be on top of the $24 increase due to the transfer station selection. As well, there was discussion in the document about how the public education program, estimated to cost about $1.85/year/residential unit. There was no identification as to how this would be paid for but, again, property fee or tax increase was one of the options. A Household Hazardous Waste Program and how it might be picked up through a property fee or a tax increase which would be placed on residential property in the amount of about $2.22/year was also discussed. Finally, with respect to the yard waste ban, there was an acknowledgment from the Haulers in the community that they would charge somewhere in the area of $10/month for picking up yard waste from residential properties if they did not mulch their grass. This was estimated to add an additional $90/year on each residential property that would elect to do so. The Director of Public Works, responding to questions, said that from what he has seen, there would be around a $5/month increase in residential collection fees. This would not include the yard waste ban which could add an additional $10/month if the property owner elected not to mulch. The potential impact is around $60 to $150/year. Council Member Ferris left the Bench. The City was going to be able to pay for all of its proposed programs for approximately $22/ton. Currently, the City's program is running around $3 to $4 less without the programs being funded. Originally, the City's tipping fee was $19 without the various programs added on. Comparison would have to be made on the City's $19 per ton to the County's anticipated $33 to $38/ton - a $3 to $4/month increase for residents. Council Member Kamen Council Member Kamen said he thought business trash would reduce over time because they would not stand for the increase; rather, they will take their trash elsewhere. The County is basing any cost savings on a 40 percent reduction in solid waste that will be recycled. The 40 percent amount is based on the County's premise that, at the present time, the City is recycling 10 or 11 percent. Steve Lackey Director of Public Works stated that recycling rates can be calculated in a lot of different ways. The 10 or 11 percent amount certainly does not include the recycling efforts that private industry is already doing - particularly the construction and other industries. If their recycling efforts were included, the number would be much larger. Council Member Kamen Council Member Kamen added that the Sedgwick County report that arrived at 10 or 11 percent did include private recycling efforts (everything from metals on down). Steve Lackey Director of Public Works said they did not include the construction industry which reuses every bit of pavement that is pulled up, crushed, and reused. That product could be going into disposal facilities but it is not. Joe Pajor Director of Natural Resources said the difficulty in figuring the percentage of product currently being diverted from the landfill is in making sure everything that is actually diverted from the waste stream is counted. A calculation done by City Staff was to look at the actual amount of material received at the landfill each year. 1992 was the peak year and there have been reductions every year since. If the 1992 tonnage is increased for the population increase since that time, and the actual tonnage received in 1996 is examined, there has been a little over a 22 percent reduction. When those comparisons are done, there are short-term effects of things like storms which affect the percentages. It does appear that through all efforts, not just recycling but waste reduction and other efforts, there has probably been twice that magnitude of reduction. Council Member Kamen Council Member Kamen said the impression he had was that the County is looking at 18 percent of the City's waste material has been estimated to be yard waste and wood waste. At the present, the wood recycling center has reduced their tipping fee to $18/ton - compared to the City's tipping fee of $26/ton. This has caused all of the commercial haulers, at the present time, to take their wood waste to the recycling center. Also, there is a pretty good influx of mulching lawnmowers which has had some effect. Joe Pajor Director of Natural Resources agreed that there has already been a substantial shift in terms of practices for people mulching rather than bagging grass clippings. Also, as the Council approved a licensing and contracting process for companies that use the landfill, a very large number of people in the tree business and commercial landscape business did not have to get that new license because they are no longer going to the landfill but are taking their waste material to either the recycling site or other facilities for disposal. Council Member Kamen Council Member Kamen stated that he sees trucks going by his place every day with wood and that he would estimate every single commercial hauler that hauls wood and yard waste goes to the recycling center. A semi load of grass clippings was also seen going to the recycling center a few days ago. Joe Pajor Director of Natural Resources, continuing to respond to questions, estimated the amount of yard waste that is recycled to be between one-half to two-thirds. The basis for that estimate is that there are still a lot of people who are in the business of doing collection or clean-up of that type of material who end up with other waste co-mingled; therefore, the load will end up going to the landfill. The increased amount of 18 percent the County has estimated it will get should probably be reduced to about 6 percent. At the present time, the wood recycling people are charging $18/ton compared to the City's $26/ton. If the County banned wood waste and yard waste, the only motivation for the recycler to stay at $18/ton would be competitive pressures from other providers. There is a second facility in Derby that is now accepting this type of waste and, as more come in to the market, there will be more competition. The ban on wood waste and yard waste could, potentially, also be a cost to consumers. Regarding construction and demolition waste, the same pressures as the wood recycling people are having would apply. If rates are lower than the landfill, the recycler will get the waste. If the material is banned, there will be less competitive pressure to keep the prices down. The County is figuring construction and demolition waste to be about 15 to 16 percent, by weight, of the total waste. Council Member Kamen Council Member Kamen said the City had a study done on mandatory curbside recycling which showed a cost of $3.5 million/year. Cities studied with various types of curb recycling usually end up with 7 to 10 percent of the waste stream recycled. The cities that reach 7 to 10 percent do not have sites set up like Wichita has set up. Joe Pajor Director of Public Works said approximately 15 percent of the people are using curbside recycling. The tonnage at the drop-off sites is about twice the amount generated by curbside recycling or equivalent to about 30 percent of the households using drop-off sites. Council Member Kamen Council Member Kamen said that if the sites were subtracted from curbside recycling, there would be at least 25 percent less picked up by curbside recycling - no matter what the plan was. If there were mandatory recycling, it would cost $3.5 million. Money is also a resource and it is unknown how much money a person would want to spend for this type of situation. Spending $2 to $3.5 million for curbside recycling that will save 7 percent. Banning yard waste will be costly to those people who take it there and only save about 4 to 5 percent. Banning construction waste will be more costly to people who take the construction waste and will save 4 percent or so. This pretty well gets rid of the premise that the County will reduce their trash into recycling programs by 40 percent - but it also raises the specter of a considerable cost to the constituents who are not even talked about. Council Member Kamen said he has problems with the County's whole program from the transfer site on. The cost of the entire situation is going to be terribly out of hand. One thing that will be accomplished will be the reduction in the amount of trash to the transfer station because a lot of the trash will not stay in Sedgwick County. There are already 1,000 to 2,000 tons of trash leaving Sedgwick County at $26/ton. A lot of this is done by trucks that come into Wichita with products Wichita manufacturers want and they look for a load to return with. An inexpensive landfill on the way to the truck's origin provides a place to dump a load and to make a profit. There was no action taken on this matter. NEW BUSINESS WATER AGREEMENTS WHOLESALE WATER AGREEMENTS. David Warren Director of Water and Sewer reviewed the Item. (a) Valley Center Agenda Report No. 97-917. Officials from the City of Wichita and the City of Valley Center have worked for well over a year on the terms of an agreement which would provide for the purchase by Valley Center of treated water from the City of Wichita. Valley Center is a growing community with a current estimated population of 3,900. Their rate of growth is such that projections indicate that demand will exceed the capacity of their current source of supply within the foreseeable future. Water quality related to hardness levels was also a concern. Accordingly, several options to deal with the water supply issue were examined by the City of Valley Center. The selected option was to pursue a purchase of water from the City of Wichita. The terms of the Agreement as negotiated with Valley Center contain the following provisions which are in compliance with City Council Policy #32: 1. Service area boundaries. The boundaries as negotiated are reflected in the Agreement. These service area boundaries have been determined to be compatible with the long term development and growth concerns of the City of Wichita. Note that the southern boundary of the service area is generally located one quarter mile north of 61st Street. 2. Maximum water use schedule. The "Schedule of Projected Water Use" appears as Article VI of the Agreement and delineates annual consumption volume limitations throughout the twenty year term of the contract. 3. Guidelines and standards for construction, operation, and maintenance. The transmission line to Valley Center's point of connection is subject to approval by the City of Wichita prior to construction. Valley Center is to be fully responsible for the operation and maintenance of the facilities owned by Valley Center. 4. Terms for rates to be charged. The Agreement indicates that the rates charged shall be in accordance with those charged to similar classes of customers (the wholesale rate as currently enacted and as it may be adjusted by Council action from time to time). Also stated are terms for the payment of a plant equity fee based on meter size at the connection point. The Contract contains a "take or pay" provision requiring Valley Center to take or pay for at least one half of the annual volume of water as specified in the schedule of projected water usage. 5. Use restrictions. The Agreement prohibits sale of water to customers outside the City limits of Valley Center or outside the designated service boundaries or to other incorporated cities or improvement districts. 6. General terms regarding contract length, renegotiation, and termination. The term of the contract as proposed is for twenty (20) years through 2016. Provisions are contained in the contract relating to renegotiation for noncompliance, for connection of unauthorized customers, and for exceeding contract volume limitations. 7. Provision for adoption and enforcement of conservation measures equivalent to those of Wichita. Provisions governing these requirements are contained in Article V. In addition to these items, the Agreement also contains a provision for the purchase of raw water from the City of Valley Center's existing supply wells in an amount equal to the amount of treated water sold to Valley Center. At Wichita's request, and with Valley Center's concurrence, additional volumes could be purchased by Wichita. The raw water purchased from Valley Center, although experiencing a somewhat higher hardness level than current sources, will not result in any health or other quality concerns following the treatment process. The rate at which raw water from this source would be purchased over the twenty year life of the contract is set at thirty-one cents ($0.31) per thousand gallons. This rate is roughly equal to Wichita's cost of production (less the source of supply component) plus the rate of return incorporated into the wholesale rate. This means that purchase of water from Valley Center represents essentially a break even position at this juncture. However, as Wichita's need for an additional source of supply increases over the next decade, the purchase of water at this constant rate over the term of the contract will represent an increasingly attractive source of supply option vis a vis other alternatives. From Valley Center's perspective, the raw water purchase provision allows them to preserve their water rights in their existing source of supply throughout the term of the wholesale contract. The proposed contract as negotiated with Valley Center is consistent with the long range plan for the Water Utility as adopted in the Water Master Plan. The current wholesale rate prescribes a minimum volume rate of sixty-two ($0.62) per thousand gallons. This minimum rate will produce revenues of $165,000 in the first full year of the contract (1998). Actual revenues will exceed this by a factor as yet to be determined due to the uncertainty of the peaking characteristics of Valley Center's summer usage patterns. However, some usage will certainly occur at the second usage block (above 110% of Valley Center's average winter consumption). This usage would be billed at a rate of $3.22 per thousand gallons. Wichita's expenditures for the water purchased from Valley Center in 1998 for the same volume would total $83,000. Particularly during the next decade in which Wichita's capacity, as a result of recent plant improvements, exceeds its demand and prior to the need for a new source of supply, the sale of water to Valley Center at current rates will represent a substantial net revenue benefit to existing rate payers. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the Agreement for the sale of treated water to the City of Valley Center and the purchase of raw, untreated water from the City of Valley -- carried Center be approved and the Mayor be authorized to sign. Motion carried 6 to 0. (Ferris absent) (b) Kechi Agenda Report No. 97-918. In 1985, the City of Wichita and the City of Kechi entered into an agreement for the sale of water at wholesale rates to Kechi through the year 2024. As part of this agreement, Section 10 contained a schedule of projected water usage which detailed the volume of water consumption anticipated by Kechi on an annual basis. Recent historical experience has shown that Kechi is exceeding these specified annual consumption limits. Kechi has a current population of 960 and is experiencing a fairly rapid rate of growth. Accordingly, under the terms of the agreement, it was necessary to re-evaluate the usage schedule and arrive at an amended agreement. Officials from the City of Wichita and the City of Kechi have worked for several months on the terms of an agreement which would provide for continued wholesale service to Kechi. The terms of the Contract as negotiated with Kechi contain the following provisions which are in compliance with the provisions of City Council Policy #32 (only items relevant to the renegotiated Agreement are noted): 1. Service area boundaries. The boundaries as negotiated are reflected in Section 8 of the amendment to the Agreement. Note that the southern boundary is along the north side of 53rd Street. These service area boundaries have been determined to be compatible with the long term development and growth concerns of the City of Wichita. 2. Maximum water use schedule. The "Schedule of Projected Water Use" amends Section 10 of the contract and delineates annual consumption volume limitations throughout the term of the Contract, which runs through the year 2024. 3. Terms for rates to be charged. The Contract indicates that the rates charged shall be in accordance with those charged to similar classes of customers (the wholesale rate as currently enacted and as it may be adjusted by Council action from time to time). Also stated are terms for the payment of a plant equity fee based on meter size at the connection point in the event that Kechi would require a larger meter size than that which is currently installed. The Contract also contains a "take of pay" provision requiring Valley Center to take or pay for at least one half of the annual volume of water as specified in the schedule of projected water usage. 4. Use restrictions. The Contract prohibits sale of water to customers outside the City limits of Kechi or outside the designated service boundaries or to other incorporated cities or improvement districts. 5. General terms regarding contract length, renegotiation, and termination. The term of the contract shall be through the year 2024 as provided for in the original contract. Provisions are contained in the contract relating to renegotiation for noncompliance for connection of unauthorized customers and for exceeding contract volume limitations. 6. Provision for adoption and enforcement of conservation measures equivalent to those of Wichita. Provisions governing these requirements are contained in amendments to Section 8. The proposed contract as negotiated with Kechi is consistent with the long range plan for the Water Utility as adopted in the Water Master Plan. The current wholesale rate prescribes a minimum volume rate of sixty-two ($0.62) cents per thousand gallons. This minimum rate will produce additional revenues of $4,700 for 1998 based on the differential between the prescribed annual consumption volume for the revised Schedule in comparison with the current Schedule. Actual revenues will exceed this by an amount related to Kechi's level of peak summer usage. To the extent that the increased usage does occur at the second block, this usage (above 110% of Kechi's average winter consumption), would be billed at a rate of $3.22 per thousand gallons. Motion -- Cole moved that the Agreement for the continued sale of treated water to the City of Kechi at wholesale rates be approved and the Mayor be authorized to sign. -- carried Motion carried 6 to 0. (Ferris absent) CURB CUT PERMIT CURB CUT PERMIT AT 8901 EAST DOUGLAS. (District II) Steve Lackey Director of Public Works reviewed the Item. Agenda Report No. 97-919. Pursuant to a curb cut permit being issued to Builders, Inc., in May, 1997, to install a driveway approach at 8901 East Douglas, Staff has determined that issues of land use and flood plain conflicts need to be resolved prior to installation of the driveway. Builders, Inc. was requested to place the permit on hold until such time as the land use and flood plain issues were resolved. City Code Section 10.16.060, revocation of permits, provides that all permits granted for the use of public property shall be revocable at the will of the City Council. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Jerry Aaron Jerry Aaron said concerns are due process, notices, Pizza Hut, Forest Hills, safety, the right to be heard, traffic, engineering, and flood plain concerns. The issue of curb cut is only a part of the concern. Clark Nelson Clark Nelson, Attorney representing Garvey and Builders Inc., said all that was wanted was to put in a private drive. The permit was lawfully issued and unlawfully rescinded. Employees should not be able to rescind a permit. Council Member Ferris present. The flood plain issues are relevant but it is thought these have been addressed. Only the City has determined to stop construction. FEMA says it is okay. Shirley Anderson Shirley Anderson representing TriCon, formerly Pizza Hut, expressed concern with regard to the curb cut. Joe Lang First Assistant City Attorney expressed the opinion that the City Council has authority to revoke the permit under the authority of the City Ordinance. While permanent reversal of the permit is done by the City Council, Staff acted prudently based on the need for additional information before work proceeded any further. Mayor Knight momentarily absent with Vice Mayor Cole in the Chair. Council Member Ferris Council Member Ferris said the curb cut permit form probably ought to be changed to ask for more information. Kurt Schroeder Superintendent of Central Inspection stated that Garvey has only preliminary plans regarding what will be done on the site. A plat must still be done and the process will require 45 to 60 days. It was estimated the cost of repairing the curb would be from $100 to $200. Motion -- carried Kamen moved that the permit be rescinded. Council Member Rogers Council Member Rogers said the permit needed to be revised to ask more information. Also, the City should repair the curb cut. -- carried Motion carried 6 to 1. Ferris - No. Council Member Rogers left the Bench. Council Member Ferris momentarily absent. FINANCIAL REPORT QUARTERLY FINANCIAL REPORT FOR THE PERIOD ENDED SEPTEMBER 30, 1997. Ray Trail Director of Finance reviewed the Item and said projections to year end are close to what was projected in August of 1997. Cash balances will be drawn down in 1997 as planned. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- carried Knight moved that the report be received and filed. Motion carried 6 to 0. (Rogers absent) EXECUTIVE SESSION Motion -- Knight moved that the Council recess to executive session to consider matters relating to employer-employee negotiations and the regular meeting be resumed at 10:55 a.m. Motion carried 6 to 0. (Rogers absent) RECESS Council recessed at 11:35 a.m. and reconvened in regular session at 11:55 a.m. TRANSIT EMPLOYEES FACT-FINDING REPORT (TRANSIT EMPLOYEES). Council Member Ferris Council Member Ferris said the Contract is one that rewards employees for when they work and the employees' standard of living could be improved as a result of the contract. The contract brings the MTA workers much more in line with regular City employees in the areas of health insurance, overtime compensation, vacations, and holidays. Chuck Mosqueda Chuck Mosqueda, President of Local 795 Teamsters of Wichita, stated that the Wichita Transit Teamsters employees voted 3 to 1 to accept the contract and that he hoped the City Council would also approve the contract. There were some gains and some losses. The majority of the workers were upset that the Transit employees could not get the same sick leave policy but it was explained that the Transit employee pension was far better than the other City employee pensions. Mr. Mosqueda said the City still needs to incorporate a break time into the transit schedules and that he had been assured by the City negotiating committee that this would be looked at very closely. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Charlie Peaster Charlie Peaster, Business Agent for Local 795, recommended Council approval of the contract and commended all who worked on reaching an agreement. Motion -- Ferris moved that the contract that was negotiated yesterday, including the changes that were added this morning which included definitions of full and part-time employees (the only changes made this morning), be approved and the Mayor be authorized to sign. Council Member Kamen Council Member Kamen said he had a problem with his views on limiting managerial rights by settling grievances by arbitration. Council Member Kamen said his arguments were regarding consistency with other employee groups and the other was effects on public policy. "Kansas Statutes are written so that the impasse procedure results in recommendations by a fact-finder and that the grievance and arbitration process can be advisory and not final and binding. The reason for this public policy is reflected in Kansas law. It is policy of determination that government decisions should be made by officials elected by the public. To allow final determination of governmental matters by non-elected officials is inconsistent with the principles of democratic government. To allow an arbiter who is not an elected official, and not responsible for determining governmental actions, to make a final and binding decision in a mediation or arbitration process, including the spending of public dollars, is inappropriate when such a non-elected official cannot be held accountable to public through the election process. "As noted by one of the leading Kansas Employment law scholars at the time this Kansas Law was adopted, quote, 'This process has the politically unpalatable flavor of improper delegation of governmental authority to a non-elected person.' That is the public policy argument that I might add." And, as far as inconsistencies, it is the fact that the City has not given this privilege to other employee groups and that no previous Council has ever put arbitration into a contract at any time. This sets a precedent that will give the City many problems in the future. Council Member Ferris Council Member Ferris explained that he does not like arbitration but it was an important issue that was put on the table and it was negotiated. This was a contract that the City Council basically inherited from the former MTA. It is not anticipated that the City Council would want to add these things to other contracts. It was clear that it was an issue that in just two negotiating sessions could be negotiated out of the contract. As a whole negotiated contract, it is a fair contract and both sides have issues in the contract they would have preferred were not in the contract. -- carried Motion carried 5 to 2. Kamen, Lambke - No. CITY COUNCIL AGENDA APPOINTMENTS NOTICE OF VACANCY - COMMISSION ON THE STATUS OF PEOPLE WITH DISABILITIES One vacancy (Knight), due to the resignation of June Campbell, for a term expiring June 30, 1999. Appointment will be made November 18, 1997. NOTICE OF VACANCIES - WICHITA COMMISSION ON THE STATUS OF WOMEN Three vacancies (Kamen, Ferris, Lambke), due to the resignations of Gloria Johnico, Betty Patton and Mary Jane Schmidt, for terms expiring June 30, 1999. Motion -- Rogers appointed Donnie Campbell, 115 North Poplar, and moved that the -- carried appointment be approved. Motion carried 7 to 0. Motion -- Ferris appointed Carmelita Lane, 3302 South Illinois, and moved that the -- carried appointment be approved. Motion carried 7 to 0. Other Appointments will be made November 18, 1997. PROCLAMATIONS PROCLAMATIONS. -- America Recycles Day -- American Indian Heritage Month -- Soldiers and Sailors Civil War Monument Day -- Hospice Month Motion -- carried Knight moved that the proclamations be authorized. Motion carried 7 to 0. CONSENT AGENDA Knight moved that the Consent Agenda, except Items 25 and 27e, be approved in accordance with the recommended action shown thereon. Motion carried 7 to 0. BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED OCTOBER 27, 1997. At 10:00 a.m., Friday, October 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 10/27/97) PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS DIVISION: Replacement of Exterior Doors at McAdams Recreation Center (130823) Williamson Construction Co. - $15.997.00 PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS DIVISION: Preventative Maintenance on Electrical Switchgears (130823) Westinghouse Electric Corporation - $5,005.00 Alternate 1 (Add) - $3,879.00 PUBLIC WORKS DEPARTMENT FLEET & BUILDINGS DIVISION: Stacking Chairs & Dollies (791293) Virco Mfg. Corporation - $37,692.00* *1% Discount-Ten days FINANCE DEPARTMENT/DATA CENTER: Computer Equipment for Finance Department Accounting System (791830) Celeritas Technologies, LLC - $137,772.94 Option 1 (Lump Sum) - $8,044.25 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. LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1997 (Consumption on Premises) Latif F. Abdelmaseh Abram Cafe* 6249 East 21st Street Gary R. Batenhorst Godfather's Pizza #17020*1675 South Rock Road Gary R. Batenhorst Godfather's Pizza #17021*4840 South Broadway Gary R. Batenhorst Godfather's Pizza #17024*8728 West Central Teresa A. Vasquez El Patio Inc.* 424 East Central New Operator 1997 (Consumption off Premises) Stephen R. Unger Steve's Beer Shop7011 East Harry *General Retailer -- 50% or more of gross receipts derived from sale of food. Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 7 to 0. PLANS AND SPECS. SUBDIVISION PLANS AND SPECIFICATIONS. a. Water Distribution System to serve Greenwich Business Park/Manhattan Addition (north of 21st Street North, west of Greenwich Road). (448-89130/733972/470475) Traffic to be maintained during construction. (Council approval date 4-15-97) (District 2) b. Water Distribution System to serve Greenwich Business Park (north of 21st Street North, west of Greenwich Road). (448- 89133/733980/470476) Traffic to be maintained during construction. (Council approval date 6-10-97) (District 2) c. Lark Lane and SWS #494 to serve Lark 2nd Addition (from the south line of Lark 2nd Addition to the Atchison, Topeka, Santa Fe Railroad). (472-82569/468-82776/763839/751081/490486/485143) Traffic to be maintained through construction. (Council approval date 3-7-95) (District 5) d. Maple Dunes from the southline of Maple Dunes Addition to the northern most corner of Lot 1, Block 4; Maple Dunes Courts adjacent to lots 5 through 8 and 18 through 23, Block 4, and adjacent to Lots 42 through 63, Block 2. Maple Dunes Addition (north of Maple, east of 135th Street West). (472- 82829/764423/490545) Does not affect existing traffic. (Council approval date 7- 1-97) (District 5) e. Lake Ridge /Westlakes from the north line of 29th Street North to the west line of Tee Time; Westlakes/Forest Ridge/Forest Park from the north line of Westlakes to the west line of Lot 1, Block 3; Lake Ridge from the north line of Westlakes to the north line of Lot 23, Block 3; Lake Ridge Courts serving Lots 1 through 8, Block 1, and Lots 9 through 19, Block 1; and a sidewalk on the east and south side of Lake Ridge/Westlakes, from the north line of 29th Street North to the west line of Tee Time and the west and south side of Westlakes/Forest Ridge/Forest Park from the north line of Westlakes to the west line of Lot 1, Block 3. Forest Lakes West Addition (north of 29th Street North, east of Tyler Road). (472-82865/764563/490559) Does not affect existing traffic. (Council approval date 9-23-97) (District 5) f. Morris from the west line of Lot 54, Block 1, to the west line of Todd, Lindberg Circle from the north line of Morris to and including cul-de-sac, and Cranbrook Circle from the north line of Morris to and including cul-de-sac. Harrison Park 2nd Addition (east of Webb Road, north of Harry). (472- 82863/764571/490560) Does not affect existing traffic. (Council approval date 9- 23-97) (District 2) 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., November 7, 1997. Motion carried 7 to 0. PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. Water Distribution System to serve Belle Terre South Addition (south of Kellogg, west of 159th Street East). (448-89176/734103/470- 488) Does not affect existing traffic. (Council approval date 7-22-97) (District n/a) - $180,150.00. b. Water Distribution System to serve Rocky Creek Addition (north of 13th, east of 127th Street East). (448-89163/733899/470-467) Does not affect existing traffic. (Council approval date 7-29-97) (District n/a) - $74,700.00. c. Water Distribution System to serve Forest Lakes West Addition (north of 29th, east of Tyler). (448-89202/734137/470-491) Does not affect existing traffic. (Council approval date 9-23-97) (District V) - $153,900.00. d. Lateral 381, Southwest Interceptor Sewer to serve Forest Lakes West and Forest Lakes Additions) (north of 29th, east of Tyler). (468-82766/743278/480-418) Does not affect existing traffic. (Council approval date 9-23-97) (District V) - $337,125.00. e. Barton Creek from the south line of 45th to the south line of Lot 1, Block 6; Barton Creek Courts from the south line of Barton Creek to and including the cul-de-sac, serving Lots 1, 2 and 3, Block 3 and Lots 1, 2 and 3, Block 2; from the south line of Barton Creek to and including the cul-de- sac, serving Lots 1, 2 and 3, Block 1, and Lots 4, 5 and 6, Block 2; from the east line of Barton Creek to and including the cul-de-sac, serving Lots 4, 5 and 6, Block 4, and Lots 1, 2 and 3, Block 5; from the east line of Barton Creek to and including the cul-de-sac, serving Lots 4, 5 and 6, Block 5, and Lots 1, 2 and 3, Block 6, and; Sidewalk on the north and west side of Barton Creek from 45th to the south line of Lot 1, Block 6 Willowbend North Addition (west of Rock, south of 45th Street North). (472-82826/764373/490-540) Does not affect existing traffic. (Council approval date 6-10-97) (District II) - $394,000.00. f. Limuel Courts from the west line of Limuel to and including the cul-de-sac, serving Lots 1 through 14, from the west line of Limuel West and south to and including cul-de-sac, serving Lots 21 through 26, from the north line of Limuel Court to and including cul-de-sac, serving Lots 15 through 20, and: Limuel Circle from the north line of Limuel Court Northwest to and including Cul-de-sac Auburn Hills 3rd Addition (south of Maple, east of 135th Street West). (472-82853/764514/490-554) Does not affect existing traffic. (Council approval date 7-15-97) (District V) - $189,726.00. g. Murdock Avenue Sanitary Sewer Repair/St. Francis Hospital (south of 13th, east of Broadway). (468-82707/621854/533-296) Traffic to be maintained through construction. (Council approval date 1-7-97) (District VI) - $142,518.23. Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 7 to 0. PETITIONS 100% PAVING, DRAINAGE, SANITARY SEWER AND WATER DISTRIBUTION SYSTEM TO SERVE PART OF BRADFORD NORTH ADDITION (WEST OF TYLER, SOUTH OF 29TH STREET NORTH). (District V) Agenda Report No. 97-920. The signature on the Petitions represents 100% of the improvement districts. Bradford North Addition, a new single-family development, was platted in 1996. The developer has submitted new Petitions to reconfigure the area to meet an increased rate of home sales. The Petitions total $1,735,000. The funding source is Special Assessments. Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-97-378 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-88983 (west of tyler, south of 29th Street North) 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-379 Resolution of findings of advisability and Resolution authorizing construction of Lateral 122, Westlink Sewer Number 468-82565 (west of tyler, south of 29th Street North) 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-380 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Drain Number 133 (west of Tyler, south of 29th Street North) Project Number 468-82780 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-381 Resolution of findings of advisability and Resolution authorizing paving of Keith from the south line of Lot 42, Block 1, North to the south line of 29th Street North; and on Brookridge from the south corner of Lot 3, Block 2, north to the west line of Keith; and on Wedgewood from the east line of Keith, east to the northeast corner of Lot 41, Block 3; Keith Courts adjacent to Lots 35 through 42, Block 1, Lots 45 through 51, Block 3, Lots 1 through 8, Block 4 on Wedgewood Court adjacent to Lots 9 through 15, Block 4 on Brookridge Court adjacent to Lots 30 through 33, Block 1 on Brookridge Court adjacent to Lots 11 through 24, Block 1; on Brookridge Court adjacent to Lots 1 through 7, Block 1 of said addition. Sidewalk to be installed along one side of Keith along the east line of Reserve A, along the west line of Reserve C, along one side of Wedgewood, along one side of Brookridge, and within Reserve D, (west of Kellogg, south of 29th Street North) Project Number 472-82681 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. PAVE STREETS IN FOREST LAKES WEST ADDITION (NORTH OF 29TH, EAST OF TYLER). (District V) Agenda Report No. 97-921. On September 23, 1997, the City Council approved a paving petition to serve Forest Lakes West Addition. Based on recent bid prices, it is doubtful that the original petition amount is high enough to award a construction contract. A new petition with an increased budget has been submitted. The signature on the new petition represents 100% of the improvement district. The original petition totaled $613,700. The new petition totals $740,000. 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-97-382 Resolution of findings of advisability and Resolution authorizing improving of Lake Ridge/Westlakes from the north line of 29th Street North to the west line of Tee Time; Westlakes/Forest Ridge/Fores Park from the north line of Westlakes to the west line of Lot 1, Block 3; Lake Ridge from the north line of Westlakes to the north line of Lot 23, Block 3; Lake Ridge Courts serving Lots 1 through 8, Block 1, and Lots 9 through 19, Block 1; and a sidewalk on the east and south side of Lake Ridge/Westlakes, from the north line of 29th Street North to the west line of Tee Time and the west and south side of Westlakes/Forest Ridge/Forest Park from the north line of Westlakes to the west line of Lot 1, Block 3, Project No. 472-82870 (north of 29th, east of Tyler) 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. STORM WATER SEWER TO SERVE LARK FIFTH ADDITION (SOUTH OF KELLOGG, WEST OF LARK LANE). (District V) Agenda Report No. 97-922. The signature on the Petition represents 100% of the improvement district. The project will provide drainage improvements needed for the paving of part of Lark Lane, south of Kellogg. The Petition totals $25,000. 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-97-383 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Sewer System Number 494 (south of Kellogg, west of Lark Lane) Project Number 468-82776 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. BOARDS MINUTES MINUTES OF ADVISORY BOARDS. CPO Northeast Council 1, 10-13-97 CPO East Council 2, 10/13/97 CPO Southeast Council 3, 10-9-97 CPO Southwest Council 4, 10-9-97 CPO Northwest Council 5, 10/15/97 CPO North Central Council 6, 10-15-97 Wichita Transit Advisory Board Meeting, 9-25-97 City Manager's Aesthetic Review Team, 8-11-97 Public Art Advisory Board and City Managers Aesthetic Review Team, 9-22-97 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 7 to 0. STREET CLOSURES CONSIDERATION OF STREET CLOSURES/USES. There were no street closures/uses considered. CONSULTANT ENGINEERS AGREEMENT FOR DESIGN SERVICES FOR BELLE TERRE SOUTH ADDITION. (District II) Agenda Report No. 97-923. The City Council approved the Belle Terre South Addition plat on July 22, 1997. The proposed Agreement between the City and Professional Engineering Consultants, P.A. (PEC) provides for the design of Water Distribution System No. 448 89176 (south of Kellogg, west of 159th Street East). Because PEC provided subdivision engineering services for this addition, it can expedite construction plan preparation. Payment will be on a lump sum basis not to exceed $15,000 and will be paid by Special Assessments. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. SUPPLEMENTAL AGREEMENT FOR PROFESSIONAL SERVICES (LEGAL) - NORTH INDUSTRIAL CORRIDOR (NIC) PROJECT. Agenda Report No. 97-924. The City entered into a professional services agreement on December 22, 1995, with Stinson, Mag & Fizzell to provide legal advice on environmental matters relating to the City's assumption of responsibility for the investigation and clean-up of groundwater contamination in the NIC site. That firm, and particularly David R. Tripp, assisted staff and Council on a number of elements on the project and continues to provide advice as needed as the project is being implemented. The contractual limit under the original contract has been reached and new authority is needed. The supplemental agreement provides additional authority to continue to use the services of Stinson, Mag & Fizzell on an as-needed basis for particular legal and environmental issues. The terms of this supplemental agreement are identical to the prior agreement except for increasing the not-to- exceed compensation. The supplemental agreement provides authority for up to an additional $50,000 in legal services. This sum is included in the NIC TIF budgets for 1997 and 1998. Motion -- Knight moved that the Supp. Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. REHABILITATION CONTRACT REHABILITATION CONTRACT WITH BAKER DRYWALL & CONSTRUCTION. (Districts I and V) Agenda Report No. 97-925. The homes on Frazier and Audrey are city owned public housing units. Both homes were damaged by fire. Claims and adjustments have been made through the insurance carrier, Housing Insurance Services, Inc. (H.I.S.). The fire on Frazier occurred during evening hours on July 8, 1996. The fire was started by a cigarette left smoldering on bedding. The fire on Audrey occurred on June 14, 1996, while a resident was repairing a gas powered engine. Gas fumes were ignited by the flame in the hot water tank. No one was injured by either of the fires. The claims were submitted to H.I.S by the Human Services Department and adjusted by Crawford and Company. The Insurance Adjuster solicited bids from two contractors and the claims were filed from the lowest bid from these two contractors. Funds in the amount of $73,963.57 have been received from the insurance company. There is a $2,500 deductible on each property, however, additional bids have been solicited and the total cost of the contract will be slightly less than the funds received. Consequently, there will be no financial loss to the Housing Authority. Losses from damage to the homes has been referred to the law department for appropriate action. Motion -- Knight moved that the rehabilitation contract with Baker Drywall Construction Company in the amount of $73,500.00 for addresses commonly known as 7037 Frazier and 2513 Audrey be approved, and the Purchasing Manager be authorized to sign the -- carried contract. Motion carried 7 to 0. ANIMAL SHELTER ANIMAL SHELTER CONTRACTS (SEDGWICK COUNTY, CLEARWATER, DERBY, KECHI, MOUNT HOPE, CONTRACTS AND PARK CITY). Agenda Report No. 97-926. The City's animal shelter, operated by the Health Department, has provided shelter services for Sedgwick County Animal Control and programs operated by the second and third class cities in the County since 1985. These services were provided under a contract with Sedgwick County, which paid the cost of services for the second and third class cities in addition to those for the unincorporated county areas the Sedgwick County Animal Control serves. Sedgwick County requested a re-negotiation of their contract late last year. Sedgwick County will no longer pay for services for second and third class cities, unless those cities have inter-local agreements with the County to provide animal control services. Although some cities have signed such agreements, others have elected to continue operation of their own programs and contract directly for shelter services from the City of Wichita. The Health Department has negotiated new contracts for service with Sedgwick County, Clearwater, Derby, Kechi, and Park City; others are pending. These contracts will allow continued operation of one central animal shelter by all jurisdictions involved, preserving economies of scale and a single point of contact for citizens. The contracts should not result in any increased volume at the animal shelter. The $16 per animal charge specified in the contracts reflects the actual cost of shelter services provided, after shelter generated revenue is subtracted. This charge will allow full recovery of costs by the City. Motion -- Knight moved that the Contracts be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. BROOKS REMEDIATION KG&E SERVICE TO BROOKS REMEDIATION SITE, PHASE II. (District VI) Agenda Report No. 97-927. On September 9, 1997, the City Council entered into a Consent Agreement with the Kansas Department of Health and Environment (KDHE) regarding the completion of the groundwater remediation project for Brooks Landfill. The agreement confirmed December 31, 1997 as the final date for completion of the Source Treatment portion (Phase II) of the groundwater remediation system. On October 17, 1997, the City Purchasing Manager received formal bids for the construction of Phase II. Electrical service to power the equipment is to be supplied by the City of Wichita. Kansas Gas & Electric (KG&E) has provided an estimate of $15,000 for the cost of extending power to the Phase II location. The nearest available service is located at the Brooks Landfill Scalehouse. This service must be extended approximately 1800 ft. eastward to power the air-sparging system compressors. The cost of this service extension will be paid from the Landfill budget, as part of the total cost of the remediation project. The total estimated cost of the remediation project is $3.5 Million, of which $1.5 Million is estimated for the Phase II source treatment. Motion -- Knight moved that the Customer Service Order be approved and the Mayor be authorized to sign; and the budget transfers be authorized. Motion carried -- carried 7 to 0. LEASE OPTION FIVE YEAR OPTION TO EXTEND LEASE OF CITY PROPERTY AT HARRY AND MCLEAN. (District IV) Agenda Report No. 97-928. On April 8, 1987, the City leased the City-Owned facility located at the southwest corner of Harry and McLean to the Board of County Commissioners of Sedgwick County for one dollar per year. The County currently operates this facility as a detention facility. The lease called for an initial term of ten years with two five-year options to extend. The options can be exercised by written notification to the City from the County at least sixty days before the end of the current term. The City is then required to provide written consent to the County within thirty days. The County has requested in writing that the first five-year option be exercised. This request was received after the termination of the initial lease term on April 7, 1997, which effectively terminates the lease. Approval of the extension request by the City, albeit delayed, will reinstate the lease. The financial details of the Lease Agreement are unchanged. The Law Department has opined that the delayed approval of the extension does not affect any of the other terms and conditions of the lease. Motion -- Knight moved that the five-year lease extension be approved and written consent -- carried to the County be authorized. Motion carried 7 to 0. VICTIM'S RIGHTS CONTRACT FOR VICTIM'S RIGHTS SERVICES. Agenda Report No. 97-929. Kansas law requires that municipalities provide notice to crime victims of certain court proceedings in conformity to the Victim's Bill of Rights contained in the Kansas Constitution and Statutes. The City adopted Resolution No. R-93-327 to implement the notification requirements. For the past year, the services to implement the Resolution have been provided to the City 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 a change in the current agreement (negotiated after a solicitation for proposals for the services in October, 1996). The total cost for the services is $42,966. Motion -- Knight moved that the Contract be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. (Item No. 25) KANSAS AVIATION MUSEUM KANSAS AVIATION MUSEUM LICENSE. (District II) Mayor Knight Mayor Knight said that, although he had been advised that he did not have a legal conflict of interest, as a paid staff member of the Kansas Aviation Museum, he would abstain from voting or participating on this Item. Agenda Report No. 97-930. The Kansas Aviation Museum has requested visitor access to the site adjacent to the Museum where the Boeing B-52 bomber is on static display. A license is required to enter upon United States Government property and is between the City of Wichita and McConnell Air Force Base. The license will allow visitors access to the site where the B-52 static display aircraft is parked. The license is for a period of five years. This is a no cost license. Motion -- Ferris moved that the license between the City of Wichita and the United States Air Force be approved and the Mayor be authorized to sign. Motion carried -- carried 6 to 0. Knight abstained. AIRPORT PROJECTS WICHITA AIRPORT AUTHORITY CAPITAL PROJECTS. a. Acquisition of a Milling Machine. Agenda Report No. 97-931. The project, acquisition of a Milling Machine, represents improvements that will be made to Mid-Continent Airport subject to further action and approval by the Wichita Airport Authority. The project has been included in a Capital Improvement Program of the City of Wichita. It would be anticipated that the term of any permanent financing related to this project would not exceed five years. Total estimated cost for the improvements is $185,000. Motion -- carried Knight moved that the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-97-384 A Resolution declaring that a public necessity exists for, and that the public safety, service, and welfare will be advanced by, the making of certain capital improvements to the Wichita Municipal Airport facility operated by the Wichita Airport Authority of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. b. Supplemental Resolution for Underground Storage Tanks. Agenda Report No. 97-932. The project, Underground Storage Tanks, represents improvements that will be made to Mid-Continent Airport subject to further action and approval by the Wichita Airport Authority. The project has been included in a Capital Improvement Program of the City of Wichita. It would be anticipated that the term of any permanent financing related to this project would not exceed five years. Total estimated cost for the improvements is $85,000. Motion -- carried Knight moved that the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-97-385 A Resolution declaring that a public necessity exists for, and that the public safety, service, and welfare will be advanced by, the making of certain capital improvements to the Wichita Municipal Airport facility operated by the Wichita Airport Authority of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. ORDINANCES SECOND READING ORDINANCES. (First Read 10/21/97) a. IRB - Grand Heritage Hotel - Historic Hotel Partners. (District VI) ORDINANCE NO. 43-628 An Ordinance of the City of Wichita, Kansas, authorizing the issuance of not to exceed $2,500,000 aggregate principal amount of subordinated Taxable Industrial Revenue Bonds, Series XIII, 1997 (Historic Hotel Partners of Wichita, L.P.), for the purpose of providing funds to purchase, acquire, construct, and equip improvements and additions to certain existing facilities located in the City of Wichita, Kansas; prescribing the form and authorizing execution of a first supplemental trust indenture by and between the City and Intrust Bank, N.A., Wichita, Kansas, as trustee with respect to the bonds; prescribing the form and authorizing the execution of a first supplemental lease agreement by and between the City and Historic Hotel Partners of Wichita, L.P.; approving the form of a guaranty agreement by and between Historic Hotel Partners of Wichita, L.P. and the trustee; and prescribing the form and authorizing the execution of a bond placement agreement by and between the City and Historic Hotel Partners of Wichita, L.P., as purchaser of the Series XIII, 1997 bonds, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. b. Tax Exemption Request - Safelite Glass Corporation. (District VI) ORDINANCE NO. 43-629 An Ordinance exempting property from ad valorem taxation for economic development purposes pursuant to Article 11, Section 13, of the Kansas Constitution; providing the terms and conditions for ad valorem tax exemption; and describing the property of Safelite Glass Corp. so exempted, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. c. Water Plant Equity Fees. ORDINANCE NO. 43-630 An Ordinance amending Section 17.12.061 of the Code of the City of Wichita, Kansas, as amended by Ordinance No. 43-492 pertaining to payments of plant equity fees for connection to water system and repealing the original thereof, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. d. Sewer Plant Equity Fees. ORDINANCE NO. 43-631 An Ordinance amending Section 16.14.041 of the Code of the City of Wichita, Kansas, as amended by Ordinance No. 43-491 pertaining to payments of plant equity fees for connection to sewer system and repealing the original thereof, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. (Item No. 27e) e. 1994 Uniform Fire Code. Chris Cherches City Manager stated that the WABA had requested a 30 day continuance on this Item so it could be reviewed in conjunction of the WABA review of the Uniform Building Code. Motion -- carried Knight moved that this Item be deferred 30 days. Motion carried 7 to 0. f. A 97-26 Annexation - South of Maple, East of 135th West. (District V) ORDINANCE NO. 43-633 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. A 97-26 g. A 97-27 Annexation - South of Maple, West of 135th West. (District V) ORDINANCE NO. 43-634 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. A 97-27 Levying Assessments - Water Projects. ORDINANCE NO. 43-619 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Water Distribution System No. 448-88984 to serve Bradford North Addition (west of Tyler, south of 29th Street North), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCE NO. 43-620 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Water Distribution System No. 448-88934 to serve Northridge Lakes and Northridge Lakes 2nd Additions (east of Tyler, north of 21st), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCE NO. 43-621 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Water Distribution System No. 448-89066 to serve Auburn Hills 2nd Addition (south of Maple, east of 135th Street West), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCE NO. 43-622 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Water Distribution System No. 448-89074 to serve Stonebriar Addition (west of Meridian, south of 47th Street South), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCE NO. 43-623 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Water Distribution System No. 448-88902 to serve Prairie Woods Addition (north of Pawnee, east of Maize), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCE NO. 43-624 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Water Distribution System No. 448-89090 to serve Four `H' Addition (north of Central, west of Tyler), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCE NO. 43-625 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Water Distribution System No. 448-89052 to serve Lark 3rd Addition (south of Kellogg, east of 119th Street West), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCE NO. 43-626 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Water Distribution System No. 448-88697 to serve Wheatland Addition (south of MacArthur, west of Hoover), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCE NO. 43-627 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Water Distribution System No. 448-89128 to serve Mediterranean Plaza (north of 29th Street North, west of Webb), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. SOUTH BROADWAY VIADUCT SOUTH BROADWAY VIADUCT OVER THE UNION PACIFIC RAILROAD TRACKS (NORTH OF MACARTHUR). (District III) Agenda Report No. 97-933. On June 10, 1997, the City Council approved a project to rehabilitate the South Broadway Viaduct, with the stipulation that the contractor provide a minimum of one lane of through traffic for the duration of the work. An Ordinance has been prepared which authorizes bond financing for the project. The project budget is $2,150,000. Funding source is General Obligation Bonds. Motion -- Knight moved that the ordinance be placed on first reading. Motion -- carried carried 7 to 0. ORDINANCE An Ordinance declaring Broadway, from MacArthur to 31st Street South (former U.S. 81 Viaduct) (Project Number 472-82828) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, introduced and under the rules laid over. D-1722 D-1722 - DEDICATION OF UTILITY EASEMENT BY CHAMPAGNE PARTNERS, LLC, LOCATED NEAR THE SOUTHEAST CORNER OF FIRST STREET AND WABASH AVENUE. (District IV) Agenda Report No. 97-934. The dedication is a requirement of the Subdivision Regulations for issuance of a building permit. Motion -- Knight moved that the documents be received and filed and the City Clerk be -- carried instructed to record with the Register of Deeds. Motion carried 7 to 0. S/D 97-58 S/D 97-58 - PLAT OF MOORINGS NORTH ADDITION LOCATED AT THE SOUTHWEST CORNER OF 53RD STREET NORTH AND MERIDIAN. (District VI) Agenda Report No. 97-935. The covenant requires four off-street spaces be provided for each lot. An additional condition of approval was for the applicant to provide proof that articles of incorporation have been filed for previously approved Moorings additions. The applicant provided such documentation. Certificate of Petitions, Restrictive Covenants dated September 29, 1997, from MIBAC, Inc., by C. Bill Bachman, President. 100 Percent Petition for construction of Water Distribution System Number 448-89211 (west of Meridian, south of 53rd Street North) $230,000 S.A. 100 Percent Petition for construction of Lateral 93, Sanitary Sewer Number 23, Project Number 468-82777 (west of Meridian, south of 53rd Street North) $415,000 S.A.) 100 Percent Petition for improving of Bayview Street and Sandkey Street from the north line of Keywest to the north line of Lot 25, Block 1, in the Moorings North Addition; Sandkey Courts adjacent to Lots 8 through 19, Block 4, and adjacent to Lots 22 through 34, Block 4; Harborside Drive from the south line of the Moorings North Addition to the north line of Lot 1, Block 2, Moorings North Addition; Bayview Court adjacent to Lots 11 through 25, Block 1, Moorings North Addition, Project No. 472-82879 (west of Meridian, south of 53rd Street North) ($810,000 S.A.) 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-97-386 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89211 (west of Meridian, south of 53rd Street North) 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-387 Resolution of findings of advisability and Resolution authorizing construction of Lateral 93, Sanitary Sewer Number 23, Project Number 468-82777 (west of Meridian, south of 53rd Street North) 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-388 Resolution of findings of advisability and Resolution authorizing improving of Bayview Street and Sandkey Street from the north line of Keywest to the north line of Lot 25, Block 1, in the Moorings North Addition; Sandkey Courts adjacent to Lots 8 through 19, Block 4, and adjacent to Lots 22 through 34, Block 4; Harborside Drive from the south line of the Moorings North Addition to the north line of Lot 1, Block 2, Moorings North Addition; Bayview Court adjacent to Lots 11 through 25, Block 1, Moorings North Addition, Project No. 472-82879 (west of Meridian, south of 53rd Street North) 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. S/D 97-59 S/D 97-59 - PLAT OF HARBOR ISLE SECOND ADDITION LOCATED ONE-HALF MILE SOUTH OF 53RD STREET NORTH AND EAST OF MERIDIAN. (District VI) Agenda Report No. 97-936. In order to provide for the ownership and maintenance of the reserves, the applicant has submitted a restrictive covenant. To provide for off-street parking, for lots adjacent to narrow streets, a covenant has also been submitted requiring that four off-street spaces be provided for each such lot. An easement for a temporary off-site turnaround has also been provided. Certificate of Petitions, Restrictive Covenant dated September 30, 1997, from Bachman Enterprises, Inc., by Brad Bachman, President. 100 Percent Petition to construct Water Distribution System Project No. 448-89214 (east of Meridian, south of 53rd Street North) ($168,000 S.A.) 100 Percent Petition to construct Lateral 94, Sanitary Sewer Number 23, Project Number 468-82779 (east of Meridian, south of 53rd North) ($410,000 S.A.) 100 Percent Petition for improving of Harborlight Street from the east line of Meridian to the south line of Lot 27, Block 2, and; Harborlight Courts adjacent to Lots 1 through 15, Block 1, and adjacent to Lots 27 through 41, Block 1, Harbor Isle Second Addition, Project No. 472-82880 (east of Meridian, south of 53rd Street North) ($695,000 S.A.) 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-97-389 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Project No. 448-89214 (east of Meridian, south of 53rd Street North) 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-390 Resolution of findings of advisability and Resolution authorizing construction of Lateral 94, Sanitary Sewer Number 23, Project Number 468-82779 (east of Meridian, south of 53rd North) 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-391 Resolution of findings of advisability and Resolution authorizing improving of Harborlight Street from the east line of Meridian to the south line of Lot 27, Block 2, and; Harborlight Courts adjacent to Lots 1 through 15, Block 1, and adjacent to Lots 27 through 41, Block 1, Harbor Isle Second Addition, Project No. 472-82880 (east of Meridian, south of 53rd Street North) 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. S/D 97-67 S/D 97-67 - PLAT OF BARRINGTON CORNER SECOND ADDITION LOCATED SOUTHWEST OF 21ST STREET AND RIDGE ROAD. (District IV) Agenda Report No. 97-937. This is a replat of land zoned LC and subject to the Barrington Corner Commercial CUP. The MAPC approved an amendment to the CUP which included the addition of duplex lots in the rear portion of the tract. Certificate of Petitions and Community Unit Plan Certificate dated October 14, 1997, by Ritchie Associates, Inc., and Edgar Dunne, by Timothy R. Austin, Agent for the Declarants. 100 Percent Petition for construction of Water distribution System Project Number 448-89218 (south of 21st, west of Ridge) ($55,500 S.A.) 100 Percent Petition for construction of Lateral 36, Main 15, Southwest Interceptor Sewer (south of 21st, west of Ridge) Project Number 468-82781 ($38,850 S.A.) 100 Percent Petition for construction of Storm Water Sewer Number 495, Project Number 468-82784 (south of 21st, west of Ridge) ($113,600 S.A.) 100 Percent Petition for improving of Smarsh Street from the south line of 21st Street North to the north line of Cornelison, and; Cornelison from 160 feet west of the west line of Smarsh easterly 813 feet, Project No. 472- 82884 (south of 21st, west of Ridge) ($165,000 S.A.) 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-97-392 Resolution of findings of advisability and Resolution authorizing construction of Water distribution System Project Number 448-89218 (south of 21st, west of Ridge) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-393 Resolution of findings of advisability and Resolution authorizing construction of Lateral 36, Main 15, Southwest Interceptor Sewer (south of 21st, west of Ridge) Project Number 468-82781 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-394 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Sewer Number 495, Project Number 468- 82784 (south of 21st, west of Ridge) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-395 Resolution of findings of advisability and Resolution authorizing improving of Smarsh Street from the south line of 21st Street North to the north line of Cornelison, and; Cornelison from 160 feet west of the west line of Smarsh easterly 813 feet, Project No. 472-82884 (south of 21st, west of Ridge) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. Z-3179 Z-3179 AND DP-154 AMENDMENT #2 - PLATTING TIME EXTENSION FOR PROPERTY BEING REZONED FROM "TF-3" TWO-FAMILY RESIDENTIAL TO "B" MULTI-FAMILY RESIDENTIAL, LOCATED APPROXIMATELY 1/8 MILE SOUTH OF 21ST STREET NORTH, EAST OF WEBB ROAD. (District II) Agenda Report No. 97-938. On November 7, 1995, the zone change and CUP amendment were approved by the City Council. On November 13, 1996, staff administratively approved a platting extension to November 7, 1997. The applicant has again requested an additional time extension for platting, citing new development plans in the area, and the potential to revise his development plans for the subject property, as the reasons for not submitting a plat. Motion -- Knight moved that a final platting extension to May 7, 1998, be granted; provided, however, that should a plat of the property not be recorded by that date, the zone change and C.U.P. amendment shall be considered denied and closed. -- carried Motion carried 7 to 0. RECESS The Council recessed at 11:35 a.m. to a workshop session on the Neighborhood Revitalization Act and returned to regular session at 11:50 a.m. 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; preliminary discussions relating to the acquisition of real property for public purposes; and the regular meeting be resumed no later than 12:05 p.m. in the City Council Chambers. Motion carried -- carried 7 to 0. RECESS Council recessed at 11:50 a.m. and reconvened in regular session at 11:59 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 12:00 p.m. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 164 OCTOBER 28, 1997 Page 1