Wichita, Kansas, March 18, 1997 Tuesday, 9:03 a.m. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cather, Kamen, Rogers; present. Council Members *Cole, *Ferris, Gale; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Father Terry McKloskey, Spiritual Life Center. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. *Council Member Cole present. Minutes -- The minutes of the regular meeting of March 4, 1997, were -- approved approved 5 to 0. (Ferris, Gale; absent) AWARDS AND PRESENTATIONS SERVICE CITATIONS Mayor Knight presented Distinguished Service Citations to those present. PRESENTATION The "Learn Not to Burn" Flag was presented for Wichita's participation in the national fire safety education effort since 1955. *Council Member Ferris present. RECOGNITION The German Exchange Group between Realschule Nassau and East High School was recognized. PRESENTATION Presentation of "Friends of the Handicapped" Awards PROCLAMATIONS Mayor Knight presented the Proclamations previously approved. OFF AGENDA ITEMS Motion -- Knight noved that the rules be set aside and several Items be taken up off the -- carried Agenda. Motion carried 6 to 0. (Gale absent) SUMMIT OF MAYORS SUMMIT OF MAYORS Mayor Knight Mayor Knight stated that he had received an invitation to attend an important conference, the Summit of Mayors along the I-35 Corridor which will include representatives from Canada to Mexico, which the Mayor will be unable to attend. The conference is very important to the future of Wichita in terms of trade and economic development opportunities. Motion -- Knight noved that Council Member Ferris (representing the Mayor) and City Manager -- carried Chris Cherches be asked to attend the Conference. Motion carried 6 to 0. (Gale absent) MTA METROPOLITAN TRANSIT AUTHORITY (MTA). Mayor Knight Mayor Knight said the present situation at the Metropolitan Transit Authority is not working and local taxpayers are under duress to increase tax subsidies more and more every year to keep even the current level of service operating. Bus drivers and other employees are clearly not satisfied with the package of wages and benefits afforded them. And, the transit dependent public apparently feels that the services they are receiving are getting worse. The current fixed-route system seems to be a public transit dinosaur. By normal measures, it is cost efficient but not cost effective; otherwise, buses would not be seen every day on the streets with few or any riders. That does not mean there are not people who need public transportation. It does not mean that the bus drivers are not very committed. It probably means that the system used to provide public transit is not meeting the wide range of needs. Too many times, the City Council has been presented with statistics that often show up to 10,000 or 15,000 Wichitans relying on the bus system daily. In reality, after accounting for round trips, transfers, and other factors, the transit dependent public is substantially less than that. Addressing the needs of several thousand people may be possible from a radically different public transit system than the current system. The MTA Board is made up of some very dedicated civic-minded citizens but their response to the labor strike makes it clear that they are looking to the elected officials to be the real decision makers in resolving the public transit challenge. The MTA Board provided a budget to the City Council for 1997. The City Council even added to that budget request in the amount of $50,000. But, when the chips were down, and push came to shove, the MTA Board's solution to that challenge was to disavow their own budget as inadequate. It is time for the City Council to begin changing the status quo and a three-point initiative is being recommended: 1) Since the public, news media, and the current MTA Board are looking to the City Council to resolve the problems of the MTA, it is time the City Council recognize that the MTA Board should become officially what it already is in reality - advisory to the City Council. The City Council should direct the City Manager and the Director of Law to return with a Charter Ordinance which restructures the governance of public transit so that the policy making is the purview of the City Council, with input from an MTA Advisory Board, and the administration of the MTA would be under the City Manager. 2) The City Council should strive to re-establish harmony between labor and management. It is hoped that the up-coming fact finding is an opportunity to explore ways and means to address the terms of the MTA drivers and mechanics. In doing so, it is hoped that the employees and their union leaders recognize the need to consider all options and not just those that require the local taxpayer to pay more and more money year after year. 3) In the coming months, alternatives for public transportation need to be very carefully re-examined for the City's public transit future. Public transportation that meets the essential needs of the transit-dependent population should be the goal. Mayor Knight asked the Council's support for the return of the item for discussion and Council decision in one week, if practical. Consensus of the Council was in support of the Mayor. Motion -- Knight noved that 1) this matter be brought up before the City Council and the Community for discussion and decision on Tuesday, March 25th, on bringing the Metropolitan Transit Authority under the purview of the Wichita City Council (the MTA Board would be advisory, rather than administrative); 2) that there be very quick action in re-establishing connections and dialogue on the labor/management challenges the system is currently facing (with no preconceived direction as to how that would occur); 3) and that the City Council carefully re-examine, in the coming months, how public transportation is delivered on behalf of this -- carried community. Motion carried 6 to 0. (Gale absent) RAILROAD MERGER RAILROAD MERGER. Mayor Knight Mayor Knight stated that, with regard to the train situation, he did not view the City's position as being unreasonable, anti-railroad, or intractible to alternative suggestions of consideration. Mayor Knight said he did think everything that can be done ought to be done to get the railroad to seriously consider a bypass around Wichita - as a first preference. The City Council expressed consensus in support of the Mayor on this matter. Mayor Knight left the Bench; Vice Mayor Cather in the Chair. PUBLIC AGENDA COMMENTS BY DALE J. POE. Council Member Kamen Council Member Kamen explained that this matter had been heard and approved by the Traffic Commission but Staff had recommended against the request. Mr. Poe is present to convince theCouncil that a hearing is needed before the City Council. Dale Poe Dale Poe, 151 South Old Manor, reviewed the process he had been through over the past several months in an effort to have stop signs installed at the intersection of English and Old Manor. The initial request was denied by the Traffic Engineer and the Assistant City Engineer. Council Member Kamen then had the item placed on the Traffic Commission's November 19, 1996, Agenda. At the Traffic Commission hearing, fourteen residents of the two-block area were present in support of the stop signs. The Traffic Commission voted six to zero to recommend the City Council approval the stop sign request. Mr. Poe and the neighborhood residents were not advised as to when the matter would be heard by the City Council but, after the fact, learned that the matter had appeard on the Consent Agenda on February 4, 1997, and that, as a result of the Traffic Engineer's recommendation that the signs be denied, the report was received and filed and no action was taken to install stop signs. Mr. Poe said he and the neighbors feel stop signs are necessary to provide safety for the children and adults who walk the streets and sidewalks of the area. The Neighborhood Initiative objective of neighborhood empowerment inspired the movement toinstall the stop signs desired at English and Old Manor. Given the City's concentrated efforts in the last few years to strengthen neighborhoods and build partnerships between local government and citizens, it is not understood why the request has been denied, why the City Traffic Engineer has absolute veto power over the wishes of neighborhood residents and the Traffic commission's reccommendation. The open intersection of English and Old Manor is dangerous. The people who live in the neighborhood know the large number of near-misses that have occurred and continue to occur between vehicles, vehicles and pedestrians, and vehicles and bicycles. Council Member Kamen Council Member Kamen asked that staff re-distribute the minutes of the Traffic Commission and the staff recommendations to Council Members during the next week; and that the City Manager poll the Council Members and if there is a majority who wish to re-open the public hearing in front of the council, the matter be placed on a future Agenda. Council Member Kamen will advise Mr. Poe of the Council's decision. UNFINISHED BUSINESS LICENSE APPLICATIONS LICENSE APPLICATIONS. Continued from the March 4, 1997, meeting. Gary Rebenstorf Director of Law reviewed the items. a. Skylander Lounge Some of the required inspections have not been completed on the Skylander Lounge because access has not been available. If access is not gained, the application fee will be returned. b. New Elite Dating c. Primetime Entertainment d. Showgirls The New Elite Dating, Primetime Entertainment, and Showgirls applications have met the requirements for approval. Under current ordinances, if the license procedures are followed and the applicants meet the approval requirements, the licenses must be granted by the City Council. The Ordinances would have to be changed in order to change the procedure. Council Member Rogers Council Member Rogers stated that there are a number of businesses that might not be desirable in neighborhoods. There needs to be ordinances that are broad enough to encompass all businesses but tight enough so the kinds of behaviours that are not desired can be eliminated - within legal limits. Council Member Rogers said he is reluctant to change the process without looking at all of the options and the impact that might be had if the process is changed. Council Member Cole Council Member Cole spoke regarding the problem of how to deal with situations in which a current owner of a business has been found unfit to hold a license but then has another person seek licensure of the same business with the original person retaining a degree of management or responsibility of these kinds of facilities. Gary Rebenstorf Director of Law explained that the ordinances provide that the person who applies for the license has to meet the criteria and must show the business arrangement or setup. The Police Department reviews the application to ensure the application is accurate and that there is not misleading information provided. The Police Department tries to make sure they are dealing with the correct people. If there is some type of arrangement that is being made to try to get around the ordinance, the ordinances provide for the Police Department to do a check to make sure the review is on the proper people for the license. There has been a request that the escort ordinance be looked at as to the distance requirement and the Law Department is in the process of getting the ordinances to the Council for review. Council Member Cather Council Member Cather asked that research be done regarding an ordinance requiring licensing of escort service workers - requiring disclosure of name and all aliases, criminal records, addresses for the last four or five years, and other vital statistic type information, and that the matter be brought back to the Council when prepared by the Law Department. Council Member Kamen Council Member Kamen asked that research also be done regarding the problem of a convicted felon not being able to own a club (State Law) but being able to get people to sign who are not convicted felons (but who also do not invest in the business). Then the convicted felon becomes the operator of the business - sort of a front. There needs to be a way to remedy this situation. If the City can find a means to alleviate the problem, at least to some extent, the recommendation needs to be made to the State Legislature. Motion -- Cather moved that the (b), (c), and (d) licenses be approved and that the (a) -- carried Skylander Lounge license be deferred two weeks. Motion carried 4 to 1. Rogers - No. (The Council proceeded to take up time-certain Item No. 7; action is shown in Agenda order.) MUNICIPAL COURT REPORT MUNICIPAL COURT JUDGES QUARTERLY REPORT. Continued from March 4, 1997. Council Member Cole momentarily absent. Agenda Report No. 97-175. Harold Flaigle Municipal Court Administrative Judge reviewed the Report. The following is a list of major changes during the past quarter: * Roger Clark was appointed as full-time Court Administrator. * Court Rules have been approved. * New rules for Bondsmen have been approved. * New court sessions have been added including night court on Wednesday nights and expanded use of the city council chambers for appearances. * Completion of required programming to allow installation of new computer programs for issuance of "paperless" warrants. * Completion of remodel plans, including a new "video" courtroom. * Completion of a Court Procedures Manual. * Final training and issuance of uniforms and equipment to new warrant officers. * Court workload summary. Judge Flaigle reviewed Municipal Court case load statistics with the following statements and forecasts: 1. The Municipal Court Judges are working longer hours, harder, and smarter. In 1997, the Municipal court anticipates the need to handle 201,783 docket appearances based on annual growth of 23.57 percent during the past three years. 2. The Municipal court continues to handle thousands more new cases every year. In 1997, the Municipal court expects a minimum of 53,853 new case arraignments (based on an annual average growth rate over the past three years of 19.7 percent). 3. The Municipal court is losing ground in keeping up with the cases filed. In the past four years, the system has beenunable to dispose of more than 36,026 cases per year. If that number does not significantly increase, and as projected 53,853 new cases come into the court in 1997, by January 1, 1998, there will be 17,827 more cases pending than on January 1, 1997. 4. While the increasing reliance upon the use of Judges pro Tempore as Municipal court Judges has generated complaints of inconsistency and lack of quality experience, these part time judges have been the only means of keeping up with the case loads. 5. The Municipal Court Judges have extended themselves to the limit to keep up with the increasing demands of their judicial and administrative tasks. 6. The projections for 1997 indicate things will get much worse before they get better. A court system which in the past has never been able to dispose of more than 36,026 cases annually must now find some way to dispose of 65,000 by plea, trial, or dismissal during 1997 to avoid adding to the backlog of cases for 1998. 7. Based on these projections, the Municipal Court lacks sufficient judges, staff, prosecutors and courtrooms to handle the 1997 caseload. Council Member Kamen momentarily absent. Vice Mayor Cather Vice Mayor Cather inquired if anyone wished to be heard. Dan Brooks Dan Brooks, Retired District Court Judge, recommended the following: 1. Investment in a first-rate information system, linked directly with law enforcement and the jail, especially on matters of probation and bond conditions. 2. Creation and equipment of enough judges/hearing officers and staff to get control of the docket. 3. Police policy that warrant execution and enforcement is a priority second only to 911 response. 4. The Administrative Judge should personally oversee the creation of an enforcement division, and report quarterly on meeting the following standards: a. Trial of new cases within 60 days and sentencing within a further 30 days. b. Initial review for probation violators within 24 hours and hearing within ;7 days for those held in jail. c. Apprehension within 24 hours of who fail to appear. d. Collection of 85 percent of fines and costs. Motion -- carried Rogers moved that the Report be received and filed. Motion carried 5 to 0. (Gale, Knight; absent) NEW BUSINESS 29TH STREET BRIDGE IMPROVEMENTS TO 29TH STREET BRIDGE EAST OF OLIVER. (District I) Steve Lackey Director of Public Works reviewed the Item. Agenda Report No. 97-206 On February 8, 1994, the City Council entered into an agreement with Savoy, Ruggles & Bohm, P.A. (SRB) for the design of improvements to 29th Street North Bridge east of Oliver over a tributary branch of Chisholm Creek east of Oliver. The 1997 Capital Improvement Program includes a project to construct the improvements (CIP Project No. B-9302, page 115). The Kansas Department of Transportation (KDOT) requested that SRB modify the construction plans to reduce the number of through lanes over the bridge to three, and to install corral rails to separate vehicle and pedestrian traffic. The additional design services total $2,900. The existing bridge structure is inadequate and needs to be upgraded prior to street construction. 29th Street North from Oliver to Woodlawn is currently under design and scheduled for construction in 1999. The estimated cost for rehabilitating the bridge is $360,000 with $130,000 paid by the City and $230,000 by Federal grants administered by the Kansas Department of Transportation. The funding source for the City's share is General Obligation Bonds. Payment to SRB will be made on a lump sum basis not to exceed $2,900 and will be funded by the above listed project. The authorizing ordinance and the supplemental agreement have been approved as to legal form by the Law Department. Construction is scheduled to begin in July of this year and end in September. The street will be closed during construction. Vice Mayor Cather Vice Mayor Cather inquired if anyone wished to be heard and no one appeared. Motion -- Rogers moved that the project be approved and the Ordinance be placed on first reading; and the Supplemental Agreement be approved and authorize the Mayor to -- carried sign. Motion carried 5 to 0. (Gale, Knight; absent) ORDINANCE An Ordinance declaring 29th Street Bridge east of Oliver (472-82804) 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. (The Council proceeded to take up time certain Item No. 8; action is sown in Agenda order.) 29TH STREET NORTH IMPROVEMENTS TO 29TH STREET NORTH FROM AMIDON TO ARKANSAS. (District VI) Steve Lackey Director of Public Works reviewed the Item. Agenda Report No. 97-207 The 1997 Capital Improvement Program includes a project to improve 29th Street North from Amidon to Arkansas (CIP Project No. MS-1, page 62). CPO Council 6 considered the project on February 26, 1997. The Council voted 6-0 to support a three-lane roadway with one lane eastbound, one lane westbound, and a center two-way left turn lane. 29th Street North, from Amidon to Arkansas, is a two-lane asphalt mat roadway without curb and gutter. Sections of the roadway area have substandard roadside drainage ditches. The proposed improvements consist of: 1) reconstructing 29th to three lanes, 2) installing sidewalks along both sides of 29th, and 3) landscaping the right-of-way. The estimated project cost is $2,100,000. The funding source is General Obligation Bonds. Construction is tentatively scheduled to begin late this year with paving to be completed in mid-1998. Access will be provided to adjacent businesses during construction, but traffic flow will be limited to one lane in one direction because of narrow right-of-way conditions. Vice Mayor Cather Vice Mayor Cather inquired if anyone wished to be heard. Barton Cody Barton Cody, 902 West 29th, spoke in support of the Project. Don Lombard Don Lombard, Gene's Auto Service, said the traffic has not changed in the area and three lanes would not stop traffic problems. Preference would be to leave the street as it is. Don Lineback Don Lineback, 1051 West 29th North, said there is no reason for three lanes for turning. All that is needed is improved drainage and street resurfacing. This is wasting money. Mrs. Lombard Mrs. Lombard said they are not against resurfacing the two lane. The elderly are apprehensive about changes, especially those that make it more difficult to get where they need to go to. Ms. Lombard asked that Council Members go into the area and evaluate the situation. Ms. Lineback Ms. Lineback spoke of concern for personal safety. Mrs. Lineback urged resurfacing only. Bill McKinley Traffic Engineer said those speaking at todays meeting also spoke at the CPO meeting. There never was a consensus at the CPO meeting. A majority of the people on the street have indicated that three lanes is better than four. Some believe that as is would be the best. Motion -- Cole moved that this Item be deferred three weeks; that Council Member cole arrange a meeting with the property owners to discuss the matter; and that a report be requested from the school district regarding whether sidewalks on both sides would help with some of the hazardous busing being removed. Motion carried -- carried 5 to 0. (Gale, Knight; absent) IRB REQUEST FOR LETTER OF INTENT FOR INDUSTRIAL REVENUE BONDS - MID-CONTINENT INSTRUMENTS, INC. (District II) Chris Cherches City Manager reviewed the Item. Agenda Report No. 97-208 Mid-Continent Instruments, Inc. is requesting the issuance of a Letter of Intent for Industrial Revenue Bonds in an amount not to exceed $4,200,000. The bond proceeds will be used to construct and equip a new aircraft instrument manufacturing headquarters facility located at Webb Road and 34th Street North (across from Jabara Airport) in northeast Wichita and to purchase machinery and equipment. Mid-Continent Instruments is also requesting that the City grant a 100% ad valorem tax abatement for a 5-year period with an additional 5-year extension upon review and approval by the City Council. Mid-Continent Instruments designs, manufactures and distributes aircraft instruments. Mid-Continent Instruments' instrument program is one of the largest in the world. The Company supplies gyros, altimeters and autopilot components to customers operating light single-engine planes to heavy, twin corporate jets to helicopter operations. Proceeds from the bonds will be used to construct a 51,000 s.f. facility at a cost of $4,200,000 and to purchase machinery and equipment as follows: USES OF FUNDS * Construct New Building $4,050,000 * Purchase Machinery and Equipment 150,000 Total Cost of Project: $4,200,000 Mid-Continent Instruments currently employs 88 people. Current expansion plans for Mid-Continent Instruments, forecast an increase in employment of approximately 60 people over the next five years. If these projections are met, over $2,370,000 in new personal annual income will be added to the Wichita economy through wages paid to Mid-Continent's expanded work force. 100% of the company's product is ultimately exported outside the state. A cost/benefit analysis based on the fiscal and economic impact of the expansion project has been performed by the Wichita State University's Center for Economic Development and Business Research. The study reflects cost/benefit ratios of 1.5 to one for the City; 1.3 to one for Sedgwick County; one to one for USD 259 and 4.3 to one for the State. Mid-Continent Instruments agrees to file a current approved EEO/AA Plan with the City's Human Resources Department and a Water Conservation Plan with the Division of Natural Resources prior to the issuance of the bonds. The bonds will be privately placed with a financial institution. The firm of Hinkle, Eberhart and Elkouri, L.L.C. will serve as bond counsel in the transaction. Mid-Continent Instruments 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. Mid-Continent Instruments is also requesting a 100% tax abatement of ad valorem property taxes on the project for a 5-year period, with a second 5 years based on Council review. Under the City's Business Incentive Policy, Mid-Continent Instruments would qualify for a 100% tax abatement on the project based on new employment, capital investment and export trade. The real and personal property taxes paid by Mid-Continent Instruments in 1996 was $6,582.47. If the 100% tax abatement is approved, the estimated amount of taxes that would be abated in the first year are $117,711 (based on projected costs of construction), of which $32,641 is the City portion, $30,881 the County/State portion, and $54,189 the U.S.D. 259 portion, based on the 1996 mill levy of 112.682 mills. Vice Mayor Cather Vice Mayor Cather inquired if anyone wished to be heard and no one appeared. Motion -- Kamen moved that a Letter of Intent to Mid-Continent, Inc. for Industrial Revenue Bonds in an amount not to exceed $4.2 million, and a five-year tax abatement with a review possibility at the end of the five years to determine future abatements for not to exceed an additional five-years, be granted, subject to the following conditions: 1. Negotiation of a Lease Agreement and Bond Ordinance. 2. Arrangements have been made for the sale/placement of the bonds. 3. Guarantees for the payment of the bonds are in place. 4. Agreement to pay the City administrative fees of $2,500 per year for as long as the bonds are outstanding. 5. Agreement to pay all costs incurred by the City for processing the bonds/application. 6. An approved Equal Employment Opportunity/Affirmative Action Plan is on file with the City prior to issuance of the bonds. 7. An approved Water Conservation Plan is on file with the City prior to issuance of the bonds. 8. Agreement to submit building and site plans to CART (City manager's Aesthetic Review Team) for review and to modify the proposed design to comply with any reasonable CART conditions or recommendations. 9. Agreement to provide the City, prior to submitting the proposed Lease Agreement, an Environmental Site Assessment (ESA) that documents the environmental conditions of the property, and an agreement that the ESA will be conducted by and independent consultant who is a recognized expert in the area. Industrial Revenue Bonds will not be issued if the ESA discloses environmental conditions that might have implications for bond purchasers unde the liability provisions of the Superfund Amendments and Reauthorization Act (SARA). 10. Agreement that if the bonds are to be offered for sale to the public, the applicant will not, during the period of time the bonds are outstanding, have a commercial banking relationship with the trustee of the bonds to be issued unless the original purchaser of the bonds acknowledges in writing the existence of the relationship and waives any conflict that might exist as a result of the relationship. 11. Applicant is required to furnish copies of its annual audits to the City. 12. Cooperation with any annual compliance audit procedure the City may adopt to monitor compliance with conditions, including any annual reports required of the applicant and any inspections of the applicant's premises or interviews with the applicant's staff. 13. Commitment to achieve and maintain its proposed employment goals, and to meet its Equal Employment Opportunity/Affirmative Action goals, during the term of the tax abatement. If the applicant fails to demonstrate a good- faith effort to achieve these goals, the City may revoke the tax abatement by either imposing payments-in-lieu-of-taxes or by declining to make the annual exemption filing with the Board of Tax Appeals. All repayments of in-lieu taxes shall be redistributed to the other taxing authorities in accordance with the law. 14. Applicant is encouraged to utilize Minority-owned Business Enterprises (MBE) and Women-owned Business Enterprises (WBE) as contractors, subcontractors, engineers, architects, suppliers and vendors whenever possible. Mid-Continent Instruments, Inc., is requesting issuance of a Letter of Intent for Industrial Revenue Bonds in an amount not to exceed $4.2 million. -- carried Motion carried 5 to 0. (Gale, Knight; absent) (Item No. 7) (10 a.m.) CONDEMNATIONS REPAIR OR REMOVAL OF DANGEROUS AND UNSAFE STRUCTURES. Agenda Report No. 97-074 A. On January 28, 1997, a report was submitted with respect to the dangerous and unsafe condition of the buildings located on the described properties. On that date, Resolutions were adopted providing for public hearings to be held on each of these condemnation actions at 10:00 a.m., March 18, 1997, and directing that Notices of Public Hearing be given. The Resolutions were duly published on January 31, 1997, and February 7, 1997. A copy of each Resolution was sent to the owners and lienholders of record of each described property. a. 2328 North Minnesota District I b. 110 West 32nd Street North District VI Vice Mayor Cather Vice Mayor Cather inquired if anyone wished to be heard and no one appeared on Items a and b. Motion -- Cather moved that the public hearing be closed, the resolution declaring the building(s) dangerous and unsafe structures be adopted, the staff recommended time frame to alleviate the findings be approved and any extensions of time granted to repair the structures would be conditioned on the following: (1) any back taxes now due are to be paid and taxes kept current, (2) the structures are to be kept secured, and (3) the premises are to be kept mowed and free of debris; if any of these conditions are not met, staff is directed to proceed to let for bids to demolish the structure; and the City Clerk be instructed to have the Resolution published once in the official city paper and advise the owners of -- carried these findings. Motion carried 5 to 0. (Gale, Knight; absent) RESOLUTION NO. R-97-053 A Resolution finding that the structure located on Lot 4, Block E, Millair Addition to Wichita, Sedgwick County, Kansas, commonly known as 2328 North Minnesota, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Cather moved that the Resolution be adopted. Motion carried 5 to 0. (Gale, Knight; absent) Yeas: Cather, Cole, Ferris, Kamen, Rogers. RESOLUTION NO. R-97-054 A Resolution finding that the structure located on Lots 25 and 26 except the west 40 feet Block 13, Jones Park Addition, Wichita, Sedgwick County, Kansas, commonly known as 110 W. 32nd Street North, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Cather moved that the Resolution be adopted. Motion carried 5 to 0. (Gale, Knight; absent) Yeas: Cather, Cole, Ferris, Kamen, Rogers. c. 811 North St. Paul District VI Kurt Schroeder Superintendent of Central Inspection reviewed the Item and stated that Mr. Jim Ladd was the new owner and had purchased the property on March 7, 1997. Mr. Ladd has a receipt for the taxes paid current. There is a pending assessment in the amount of $2,883 for lot cleanup of which Mr. Ladd was previously unaware. The Superintendent of Central Inspection recommended that the new owner be given 60 days to complete exterior repairs and pay the pending special assessment; and one week to clean the debris on the premises. Jim Ladd Jim Ladd stated that he wanted to fix the property up and that he hoped to pay the assessment within sixty days. Motion -- Cole moved that the public hearing be closed, the resolution declaring the building(s) dangerous and unsafe structures be adopted, the staff recommended time frame to alleviate the findings be approved and any extensions of time granted to repair the structures would be conditioned on the following: (1) any back taxes now due are to be paid and taxes kept current, (2) the structures are to be kept secured, and (3) the premises are to be kept mowed and free of debris; if any of these conditions are not met, staff is directed to proceed to let for bids to demolish the structure; and the City Clerk be instructed to have the Resolution published once in the official city paper and advise the owners of -- carried these findings. Motion carried 5 to 0. (Gale, Knight; absent) RESOLUTION NO. R-97-055 A Resolution finding that the structure located on Lot 73, on St. Paul Street, in Sim Park Gardens, Sedgwick County, Kansas, commonly known as 811 North St. Paul, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Cole moved that the Resolution be adopted. Motion carried 5 to 0. (Gale, Knight; absent) Yeas: Cather, Cole, Ferris, Kamen, Rogers. SPECIAL ASSESSMENTS HEARING ON PROPOSED ASSESSMENTS FOR CONSTRUCTION OF WATER AND SEWER PROJECTS AND (Item No. 8) IMPROVING OF STREETS. Steve Lackey Director of Public Works reviewed the Item. a. Water Projects and Sewer Projects. Agenda Report No. 97-209 The Council was notified on March 4, 1997, that the proposed assessment rolls were on file for public inspection in the Special Assessments Section of the City Clerk's office. Notice of hearing was published March 7, 1997, ten days prior to the date of hearing, and affected property owners have been notified in writing. City personnel held an informal hearing March 12, 1997, for the paving projects, and March 13, 1997 for the sewer projects. Statements of Special Assessment will be mailed to the property owners on March 28, 1997. The property owners have 30 days from date of statement to pay their assessment and avoid paying interest. The assessments not paid during this period will be in the July 1997 Bond Sale and put on the 1997 tax roll over a 15-year spread at the interest rate for which the bonds sell. These projects were initiated pursuant to provisions of K.S.A. 12-6a01 et seq. All were 100% petitions. a. (448-88309/732834/470-361) - Construction of Water Distribution to serve Lot 1, Block 1, Cranmer Addition (north of 21st, west of Maize, as authorized by Resolution adopted December 13, 1988, and published December 16, 1988. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved February 11, 1997, in the amount of $27,359.00 is to apportioned 100 percent to the improvement district and none to the Water Utility Improvement Fund. The cost has been assessed on a square foot basis. b. (448-88348/732842/470-362) - Construction of Water Distribution System No. 448-88348 Timber Ridge 2nd Addition (east of Maize, south of 23rd), as authorized by Resolution adopted January 10, 1989, and published January 16, 1989. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved February 11, 1997, in the amount of $19,597.00 is to apportioned 100 percent to the improvement district and none to the Water Utility Improvement Fund. The cost has been assessed on a square foot basis. c. (448-88633/732859/470-363) - Construction of Water Distribution System No. 448-88633 (south of 21st, east of Maize), as authorized by Resolution No. R-92-514 adopted September 15, 1992, and published September 18, 1992. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved February 11, 1997, in the amount of $58,021.39 is to apportioned 100 percent to the improvement district and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. d. (448-88008/732891/470-367) - Construction of Water Distribution System No. 448-88008 (50th Street South, east of Broadway), as authorized by Resolution adopted January 22, 1985, and published January 25, 1985. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved February 11, 1997, in the amount of $31,730.56 is to apportioned all percent to the improvement district and none to the Water Utility Improvement Fund. The cost has been assessed on a square foot basis. e. (448-88939/732917/470-369) - Construction of Water Distribution System No. 448-88939 (north of 21st, east of Maize), as authorized by Resolution No. R-95-365 adopted August 1, 1995, and published August 4, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved February 11, 1997, in the amount of $96,458.49 is to apportioned $76,202.21 to the improvement district and $20,256.28 to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. f. (448-88980/733071/470-385) - Construction of Water Distribution System No. 448-88980 (south of 13th, west of 119th Street West), as authorized by Resolution No. R-96-017 adopted January 23, 1996, published January 26, 1996; and rescinded by Resolution No. R-96-174 adopted April 30, 1996, and published May 3, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved February 11, 1997, in the amount of $141,122.24 is to apportioned $121,788.49 to the improvement district and $19,333.75 to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. g. (448-88981/733089/470-386) - Construction of Water Distribution System No. 448-88981 (south of 13th, west of 119th Street West), as authorized by Resolution No. R-96-018, adopted January 23, 1996, and published January 26, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved February 11, 1997, in the amount of $110,066.36 is to apportioned 100 percent to the improvement district and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. h. (448-88950/733097/470-387) - Construction of Water Distribution System No. 448-88950 (north of 29th, east of Rock), as authorized by Resolution No. R-95-441 adopted September 19,1995, and published September 22, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved February 11, 1997, in the amount of $124,137.15 is to apportioned 100 percent to the improvement district and none to the Water Utility Improvement Fund. The cost has been assessed on a square foot basis. i. (448-88947/733105/470-388) - Construction of Water Distribution System No. 448-88947 (south of Central, east of 143rd Street East), as authorized by Resolution No. R-95-400 adopted August 29, 1995, and published September 1, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved February 11, 1997, in the amount of $89,720.79 is to apportioned 100 percent to the improvement district and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. j. (448-89015/733121/470-390) - Construction of Supply Line for Water Distribution System No. 448-89015 (north of Central, east of Greenwich), as authorized by Resolution No. R-96-098 adopted March 19, 1996, and published March 25, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved February 11, 1997, in the amount of $115,661.45 is to apportioned 100 percent to the improvement district and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. k. (448-89016/733139/470-391) - Construction of Water Distribution System No. 448-89016 (north of Central, east of Greenwich), as authorized by Resolution No. R-96-099 adopted March 19, 1996, and published March 25, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved February 11, 1997, in the amount of $69,630.11 is to apportioned 100 percent to the improvement district and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. l. (448-89017/733147/470-392) - Construction of Water Distribution System No. 448-89017 (north of Central, east of Greenwich), as authorized by Resolution No. R-96-100 adopted March 19, 1996, and published March 25, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved February 11, 1997, in the amount of $134,208.23 is to apportioned 100 percent to the improvement district and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. m. (448-89031/733154/470-393) - Construction of Water Distribution System No. 448-89031 (north of 21st, east of Ridge) as authorized by Resolution No. R-96-160 adopted April 23, 1996, published April 26, 1996; and rescinded by Resolution No, R-96-262 adopted June 18, 1996, and published June 21, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved February 11, 1997, in the amount of $66,428.58 is to apportioned 100 percent to the improvement district and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. n. (448-89032/733162/470-394) - Construction of Water Distribution System No. 448-89032, to serve Horseshoe Lake and Cox Machine Additions, (north of 21st, east of Ridge) as authorized by Resolution No. R-96- 161 adopted April 23, 1996, published April 26, 1996; and rescinded by Resolution No. R- 96-263 adopted June 18, 1996, and published June 21, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved February 11, 1997, in the amount of $61,310.80 is to apportioned 100 percent to the improvement district and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. o. (448-89019/733170/470-395) - Construction of Water Distribution System No. 448-89019 (west of Webb, south of 29th), as authorized by Resolution No. R-96-111 adopted March 26, 1996, and published March 29, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved February 11, 1997, in the amount of $41,319.63 is to apportioned 100 percent to the improvement district and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. p. (448-89021/733188/470-396) - Construction of Water Distribution System No. 448-89021 (north of 29th, west of Ridge), as authorized by Resolution No. R-96-115 adopted April 2, 1996, and published April 5, 1997. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved February 11, 1997, in the amount of $29,674.04 is to apportioned 100 percent to the improvement district and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. q. (448-89010/733204/470-398) - Construction of Water Distribution System No. 448-89010 (south of 29th Street North, west of Woodlawn), as authorized by Resolution No. R-96-050 adopted February 13, 1996, and published February 16, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved February 11, 1997, in the amount of $38,087.25 is to apportioned 100 percent to the improvement district and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. r. (448-89011/733212/470-399) - Construction of Water Distribution System No. 448-89011 (south of 29th Street North, west of Woodlawn), as authorized by Resolution No. R-96-053 adopted February 13, 1996, and published February 16, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved February 11, 1997, in the amount of $17,715.54 is to apportioned 100 percent to the improvement district and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. s. (448-89051/733220/470-400) - Construction of Water Distribution System No. 448-89051 (south of Kellogg, east of 119th Street West), as authorized by Resolution No. R-96-220 adopted May 21, 1996, and published May 24, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved February 11, 1997, in the amount of $51,636.79 is to apportioned 100 percent to the improvement district and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. t. (448-89035/733253/470-403) - Construction of Water Distribution System No. 448-89035 (south of 21st, east of Webb), as authorized by Resolution No. R-96-212 adopted May 21, 1996, published May 24, 1996; and rescinded by Resolution No. R-96-298 adopted July 23, 1996, and published July 26, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved February 11, 1997, in the amount of $80,493.70 is to apportioned 100 percent to the improvement district and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. u. (448-89020/733261/470-404) - Construction of Water Distribution System No. 448-89020 (south of Kellogg, west of 127th street East), as authorized by Resolution No. R-96-081 adopted March 5, 1996, and published March 8, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved February 11, 1997, in the amount of $228,348.19 is to apportioned 100 percent to the improvement district and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. v. (448-88966/733287/470-406) - Construction of Water Distribution System No. 448-88966 (south of 21st, east of Maize), as authorized by Resolution No. R-96-195 adopted May 21, 1996, and published May 24, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved February 11, 1997, in the amount of $40,075.80 is to apportioned 100 percent to the improvement district and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. w. (448-88967/733295/470-407) - Construction of Water Distribution System No. 448-88967 (south of 21st, east of Maize), as authorized by Resolution No. R-96-196 adopted May 21, 1996, and published May 24, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved February 11, 1997, in the amount of $10,473.78 is to apportioned 100 percent to the improvement district and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. x. (448-88968/733303/470-408) - Construction of Water Distribution System No. 448-88968 as authorized by Resolution No. R-96-197 adopted May 21, 1996, and published May 24, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved February 11, 1997, in the amount of $7,986.00 is to apportioned 100 percent to the improvement district and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. y. (448-89030/733311/470-409) - Construction of Water Distribution System No. 448-89030 (south of 21st, east of Maize), as authorized by Resolution No. R-96-198 adopted May 21, 1996, and published May 24, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved February 11, 1997, in the amount of $17,882.56 is to apportioned 100 percent to the improvement district and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. z. (448-89055/733337/470-411) - Construction of Water Distribution System No. 448-89055 (south of Central, west of 159th street East), as authorized by Resolution No. R-96-252 adopted June 11, 1996 and published June 14, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved February 11, 1997, in the amount of $22,509.60 is to apportioned 100 percent to the improvement district and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. aa. (448-89044/733352/470-413) - Construction of Water Distribution System No. 448-89044 (north of Central, east of 143rd Street East), as authorized by Resolution No. R-96-272 adopted June 25, 1996, published June 28, 1996; and rescinded by Resolution No. R-97-007 adopted January 14, 1997 and published January 17, 1997. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved February 11, 1997, in the amount of $40,086.89 is to apportioned 100 percent to the improvement district and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. bb. (448-89048/733402/470-418) - Construction of Water Distribution System No. 448-89048 (north of 13th, along both sides of 143rd street East), as authorized by Resolution No. R-96-215 adopted May 21, 1996, published May 24, 1996; and rescinded by Resolution No. R-96-314 adopted August 13, 1996, and published August 16, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved February 11, 1997, in the amount of $29,117.06 is to apportioned 100 percent to the improvement district and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. cc. (448-89072/733436/470-421) - Construction of Water Distribution System No. 448-89072 (east of Webb, north of Lincoln), as authorized by Resolution No. R-96-327 adopted August 20, 1996, and published August 23, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved February 11, 1997, in the amount of $29,624.89 is to apportioned 100 percent to the improvement district and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. dd. (448-88833/733444/470-422) - Construction of Water Distribution System No. 448-88833 (north of Central, east of 143rd Street East), as authorized by Resolution No. R-94-209 adopted May 17, 1994, and published May 20, 1994. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, approved February 11, 1997, in the amount of $25,217.20 is to apportioned 100 percent to the improvement district and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. Sewer Projects. a. (468-82560/742585/480-350) - Construction of Main 18, Southwest Interceptor Sewer (south of 13th, west of 119th Street West), as authorized by Resolution No. R-96-020, adopted January 23, 1996, and published January 26, 1996; and Rescinding Resolution No. R-96-093, adopted March 19, 1996, and published March 22, 1996; and Rescinding Resolution No. R-96-172, adopted April 30, 1996, and published May 3, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 4, 1997 in the amount of $162,706.84 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. b. (468-82561/742593/480-351) - Construction of Lift Station and Force Main in connection with Laterals 1 and 2, Main 18, Southwest Interceptor Sewer (south of 13th, west of 119th Street West), as authorized by Resolution No. R-96-021, adopted January 23, 1996, and published January 26, 1996; and Rescinding Resolution No. R-96-173, adopted April 30, 1996 and published May 3, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 4, 1997 in the amount of $148,018.95 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. c. (468-82517/742619/480-353) - Construction of Lateral 67, Main 22, War Industries Sewer, (north of 29th, east of Rock), as authorized by Resolution No. R-95-442, adopted September 19, 1995, and published September 22, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 4, 1997 in the amount of $60,677.86 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. d. (468-82591/742668/480-358) - Construction of Lateral 132, Main 4, Sanitary Sewer No. 23, (north of 35th Street North, west of Seneca), as authorized by Resolution No. R-96-134, adopted April 9, 1996, and published April 12, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 4, 1997 in the amount of $4,538.00 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a square foot basis. e. (468-82571/742676/480-359) - Construction of Lateral 69, Main 5, Sanitary Sewer No. 23, (south of 29th Street North, west of Woodlawn), as authorized by Resolution No. R-96-054, adopted February 13, 1996, and published February 16, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 4, 1997 in the amount of $46,163.86 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. f. (468-82570/742684/480-360) - Construction of Lateral 68, Main 5, Sanitary Sewer No. 23, (south of 29th Street North, west of Woodlawn) , as authorized by Resolution No. R-96-051, adopted February 13, 1996, and published February 16, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 4, 1997 in the amount of $49,969.00 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. g. (468-82596/742692/480-361) - Construction of Lateral 4, Main 16, Southwest Interceptor Sewer (north of 21st, east of Ridge), as authorized by Resolution No. R-96-164, adopted April 23, 1996, and published April 26, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 4, 1997 in the amount of $144,704.80 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. h. (468-82597/742700/480-362) - Construction of Lateral 5, Main 16, Southwest Interceptor Sewer (north of 21st, east of Ridge), as authorized by Resolution No. R-96-165, adopted April 23, 1996, and published April 26, 1996; and Rescinding Resolution No. R-96-264, adopted June 18, 1996, and published June 21, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 4, 1997 in the amount of $101,064.94 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. i. (468-82580/742718/480-363) - Construction of Lateral 130, War Industries Sewer, (west of Webb, south of 29th), as authorized by Resolution No. R-96-109, adopted March 26, 1996, and published March 29, 1996; and Rescinding Resolution No. R-96-352, adopted September 24, 1996, and published September 27, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 4, 1997 in the amount of $74,250.23 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. j. (468-82577/742726/480-364) - Construction of Lateral 13, Main 17, Southwest Interceptor (north of 29th, west of Ridge), as authorized by Resolution No. R-96-117, adopted April 2, 1996, and published April 5, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 4, 1997 in the amount of $86,655.61 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. k. (468-82611/742734/480-365) - Construction of Lateral 13, Main 13, Southwest Interceptor Sewer (south of Kellogg, east of 119th Street West), as authorized by Resolution No. R-96-222, adopted May 21, 1996, and published May 24, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 4, 1997 in the amount of $211,901.01 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. l. (468-82582/742742/480-366) - Construction of Lateral 90, Sanitary Sewer No. 23, (north of 21st, east of Hillside), as authorized by Resolution No. R-96-106, adopted March 26, 1996, and published March 29, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 4, 1997 in the amount of $11,967.42 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. m. (468-82600/742759/480-367) - Construction of Lateral 68, Main 22, War Industries Sewer (south of 21st, east of Webb), as authorized by Resolution No. R-96-209, adopted May 21, 1996, and published May 24, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 4, 1997 in the amount of $31,417.38 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. n. (468-82566/742767/480-368) - Construction of Lateral 123, Westlink Sewer (west of Tyler, south of 29th), as authorized by Resolution No. R-96-040 adopted February 13, 1996, and published February 16, 1996; and Rescinding Resolution No. R-96-237, adopted June 11, 1996, and published June 14, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 4, 1997 in the amount of $312,758.00 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. o. (468-82132/742775/480-369) - Construction of Lateral 73, Sanitary Sewer No. 23, (west of Meridian, south of 53rd Street North), as authorized by Resolution, adopted July 30, 1991, and published August 2, 1991. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 4, 1997 in the amount of $26,859.59 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. P. (468-82546/742783/480-370) - Construction of Lateral 120, Westlink Sewer (south of 21st, east of Maize), as authorized by Resolution No. R-96-200, adopted May 21, 1996, and published May 24, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 4, 1997 in the amount of $50,334.21 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. q. (468-82559/742890/480-381) - Construction of Lateral 128, War Industries Sewer (south of 13th, west of Rock), as authorized by Resolution No. R-96-008, adopted January 9, 1996, and published January 12, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 4, 1997 in the amount of $15,031.27 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. r. (468-82634/742916/480-383) - Construction of Lateral 70, Main 22, War Industries Sewer (north of 29th Street North, east of Rock), as authorized by Resolution No. R-96-312, adopted August 6, 1996, and published August 9, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 4, 1997 in the amount of $12,094.91 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. s. (468-82552/750752/485-111) - Construction of Storm Water Sewer No. 471, (south of Maple, east of Meridian), as authorized by Resolution No. R-95-561, adopted December 12, 1995, and published December 15, 1995; and Rescinding Resolution No. R-96-094, adopted March 19, 1996, and published March 22, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 4, 1997 in the amount of $338,302.00 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. t. (468-82564/750778/485-113) - Construction of Storm Water Drain No. 117, (south of 13th, west of 119th Street West), as authorized by Resolution No. R-96-024, adopted January 23, 1996, and published January 26, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 4, 1997 in the amount of $228,078.84 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. u. (468-82579/750794/485-115) - Construction of Storm Water Sewer No. 474 (west of Webb, south of 29th) , as authorized by Resolution No. R-96-110, adopted March 26, 1996, and published March 29, 1996; and Rescinding Resolution No. R-96-282, adopted July 9, 1996, and published July 12, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 4, 1997 in the amount of $19,900.24 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. v. (468-82613/750802/485-116) - Construction of Storm Water Drain No. 121, (south of Kellogg, east of 119th Street West), as authorized by Resolution No. R-96-224, adopted May 21, 1996, and published May 24, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 4, 1997 in the amount of $218,346.79 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. Vice Mayor Cather Vice Mayor Cather inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the Public Hearing Be closed, the assessments be approved, and -- carried the Ordinances be placed on first reading. Motion carried 5 to 0. (Gale, Knight; absent) ORDINANCE 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 No. (448- 88309/732834/470-361) to serve Lot 1, Block 1, Cranmer Addition (north of 21st, west of Maize) introduced and under the rules laid over. ORDINANCE 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. 448-88348 Timber Ridge 2nd Addition (east of Maize, south of 23rd) introduced and under the rules laid over. ORDINANCE 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. 448-88633 (south of 21st, east of Maize) introduced and under the rules laid over. ORDINANCE 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. 448-88008 (50th Street South, east of Broadway) introduced and under the rules laid over. ORDINANCE 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. 448-88939 (north of 21st, east of Maize), introduced and under the rules laid over. ORDINANCE 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. 448-88980 (south of 13th, west of 119th Street West), introduced and under the rules laid over. ORDINANCE 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. 448-88981 (south of 13th, west of 119th Street West), introduced and under the rules laid over. ORDINANCE 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. 448-88950 (north of 29th, east of Rock), introduced and under the rules laid over. ORDINANCE 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. 448-88947 (south of Central, east of 143rd Street East), introduced and under the rules laid over. ORDINANCE 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 onstruction of Supply Line for Water Distribution System No. 448-89015 (north of Central, east of Greenwich), introduced and under the rules laid over. ORDINANCE 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. 448-89016 (north of Central, east of Greenwich), introduced and under the rules laid over. ORDINANCE 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. 448-89017 (north of Central, east of Greenwich), introduced and under the rules laid over. ORDINANCE 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. 448-89031 (north of 21st, east of Ridge), introduced and under the rules laid over. ORDINANCE 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. 448-89032, to serve Horseshoe Lake and Cox Machine Additions, (north of 21st, east of Ridge) introduced and under the rules laid over. ORDINANCE 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. 448-89019 (west of Webb, south of 29th), introduced and under the rules laid over. ORDINANCE 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. 448-89021 (north of 29th, west of Ridge), introduced and under the rules laid over. ORDINANCE 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. 448-89010 (south of 29th Street North, west of Woodlawn), introduced and under the rules laid over. ORDINANCE 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. 448-89011 (south of 29th Street North, west of Woodlawn), introduced and under the rules laid over. ORDINANCE 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. 448-89051 (south of Kellogg, east of 119th Street West), introduced and under the rules laid over. ORDINANCE 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. 448-89035 (south of 21st, east of Webb), introduced and under the rules laid over. ORDINANCE 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. 448-89020 (south of Kellogg, west of 127th street East), introduced and under the rules laid over. ORDINANCE 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. 448-88966 (south of 21st, east of Maize), introduced and under the rules laid over. ORDINANCE 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. 448-88967 (south of 21st, east of Maize), introduced and under the rules laid over. ORDINANCE 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. 448-88968 introduced and under the rules laid over. ORDINANCE 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. 448-89030 (south of 21st, east of Maize), introduced and under the rules laid over. ORDINANCE 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. 448-89055 (south of Central, west of 159th street East), introduced and under the rules laid over. ORDINANCE 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. 448-89044 (north of Central, east of 143rd Street East), introduced and under the rules laid over. ORDINANCE 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. 448-89048 (north of 13th, along both sides of 143rd street East), introduced and under the rules laid over. ORDINANCE 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. 448-89072 (east of Webb, north of Lincoln), introduced and under the rules laid over. ORDINANCE 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. 448-88833 (north of Central, east of 143rd Street East), introduced and under the rules laid over. ORDINANCE 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 Main 18, Southwest Interceptor Sewer (south of 13th, west of 119th Street West), (468-82560/742585/480-350) introduced and under the rules laid over. ORDINANCE 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 Lift Station and Force Main in connection with Laterals 1 and 2, Main 18, Southwest Interceptor Sewer (south of 13th, west of 119th Street West), (468-82561/742593/480-351) introduced and under the rules laid over. ORDINANCE 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 Lateral 67, Main 22, War Industries Sewer, (north of 29th, east of Rock), (468-82517/742619/480-353) introduced and under the rules laid over. ORDINANCE 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 Lateral 132, Main 4, Sanitary Sewer No. 23, (north of 35th Street North, west of Seneca), (468-82591/742668/480-358) introduced and under the rules laid over. ORDINANCE 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 Lateral 69, Main 5, Sanitary Sewer No. 23, (south of 29th Street North, west of Woodlawn), (468-82571/742676/480-359) introduced and under the rules laid over. ORDINANCE 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 Lateral 68, Main 5, Sanitary Sewer No. 23, (south of 29th Street North, west of Woodlawn) (468-82570/742684/480-360) introduced and under the rules laid over. ORDINANCE 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 Lateral 4, Main 16, Southwest Interceptor Sewer (north of 21st, east of Ridge) (468-82596/742692/480-361), introduced and under the rules laid over. ORDINANCE 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 Lateral 5, Main 16, Southwest Interceptor Sewer (north of 21st, east of Ridge) (468-82597/742700/480-362), introduced and under the rules laid over. ORDINANCE 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 Lateral 130, War Industries Sewer, (west of Webb, south of 29th), (468-82580/742718/480-363) introduced and under the rules laid over. ORDINANCE 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 Lateral 13, Main 17, Southwest Interceptor (north of 29th, west of Ridge) (468-82577/742726/480-364), introduced and under the rules laid over. ORDINANCE 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 Lateral 13, Main 13, Southwest Interceptor Sewer (south of Kellogg, east of 119th Street West) (468-82611/742734/480-365), introduced and under the rules laid over. ORDINANCE 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 Lateral 90, Sanitary Sewer No. 23, (north of 21st, east of Hillside) (468-82582/742742/480-366), introduced and under the rules laid over. ORDINANCE 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 Lateral 68, Main 22, War Industries Sewer (south of 21st, east of Webb) (468-82600/742759/480-367), introduced and under the rules laid over. ORDINANCE 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 Lateral 123, Westlink Sewer (west of Tyler, south of 29th) (468-82566/742767/480-368), introduced and under the rules laid over. ORDINANCE 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 Lateral 73, Sanitary Sewer No. 23, (west of Meridian, south of 53rd Street North) (468-82132/742775/480-369), introduced and under the rules laid over. ORDINANCE 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 Lateral 120, Westlink Sewer (south of 21st, east of Maize) (468-82546/742783/480-370), introduced and under the rules laid over. ORDINANCE 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 Lateral 128, War Industries Sewer (south of 13th, west of Rock) (468-82559/742890/480-381), introduced and under the rules laid over. ORDINANCE 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 Lateral 70, Main 22, War Industries Sewer (north of 29th Street North, east of Rock) (468-82634/742916/480-383), introduced and under the rules laid over. ORDINANCE 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 Storm Water Sewer No. 471, (south of Maple, east of Meridian) (468-82552/750752/485-111), introduced and under the rules laid over. ORDINANCE 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 Storm Water Drain No. 117, (south of 13th, west of 119th Street West) (468-82564/750778/485-113), introduced and under the rules laid over. ORDINANCE 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 Storm Water Sewer No. 474 (west of Webb, south of 29th) (468-82579/750794/485-115), introduced and under the rules laid over. ORDINANCE 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 Storm Water Drain No. 121, (south of Kellogg, east of 119th Street West) (468-82613/750802/485-116), introduced and under the rules laid over. b. Paving Projects. Agenda Report No. 97-210. The Council was notified on February 25, 1997 that the proposed assessment rolls were on file for public inspection in the Special Assessments Section of the City Clerk's office. Notice of hearing was published February 28, 1997, ten days prior to the date of hearing, and affected property owners have been notified in writing. City personnel held an informal hearing March 5, 1997 for the paving projects. Statements of Special Assessment will be mailed to the property owners on March 28, 1997. The property owners have 30 days from date of statement to pay their assessment and avoid paying interest. The assessments not paid during this period will be in the July 1997 Bond Sale and put on the 1997 tax roll over a 15-year spread at the interest rate for which the bonds sell. The projects were initiated pursuant to provisions of K.S.A. 12-6a01 et seq. All were 100% petitions with the exception of: Paving Projects: 472-82615 54% Petition - St. Clair 472-82636 58% Petition - University 472-82635 52% Petition - Kessler 472-82649 57% Petition - Knight 472-82660 77% Petition - Tippecanoe 472-82683 57% Petition - University 472-82056 72% Petition - 31st Street South Paving Projects: a. (472-82615/763268/490-429) - Improving of St. Clair from Dora to Orient (south of Harry, east of Meridian), as authorized by Resolution No. R-95-357, adopted August 1, 1995, and published August 4, 1995. Petition for this improvement was signed by owners representing 54 percent of the property ownership. The Statement of Cost approved January 28, 1997 in the amount of $73,181.12 is to be apportioned 88 percent payable by the improvement district and 12 percent payable by the City-at-Large. The cost has been assessed on a square foot basis. b. (472-82636/763300/490-433) - Improving of University Avenue from the east line of McComas to the east line of Kessler, as authorized by Resolution No. R-95-394, adopted August 29, 1995, and published September 1, 1995. Petition for this improvement was signed by owners representing 58 percent of the property ownership. The Statement of Cost approved January 28, 1997 in the amount of $58,115.37 is to be apportioned 73 percent payable by the improvement district and 27 percent payable by the City-at-Large. The cost has been assessed on a square foot basis. c. (472-82635/763318/490-434) - Improving of Kessler from Taft to University, as authorized by Resolution No. R-95-395, adopted August 29, 1995, and published September 1, 1995. Petition for this improvement was signed by owners representing 52 percent of the property ownership. The Statement of Cost approved January 28, 1997 in the amount of $77,215.39 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a square foot basis. d. (472-82649/763425/490-445) - Improving of Knight Street from University to Taft (south of Maple, east of West Street), as authorized by Resolution No. R-95-456, adopted October 10, 1995, and published October 13, 1995. Petition for this improvement was signed by owners representing 57 percent of the property ownership. The Statement of Cost approved January 28, 1997 in the amount of $75,587.32 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a square foot basis. e. (472-82603/763441/490-447) - Improving of 53rd Street South; Midland Circle; Robbins Farm 2nd Addition (west of Broadway, north of 55th Street South), as authorized by Resolution No. R-95-296, adopted July 11, 1995, and published July 14, 1995; and Rescinding Resolution No. R-95-476 adopted October 17, 1995, and published October 20, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 28, 1997 in the amount of $193,581.29 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. f. (472-82538/763490/490-452) - Improving of Honeytree/Bluestem; Brandon and Shiloh, Smithmoor 4th Addition (south of Harry, east of Webb), as authorized by Resolution No. R-94-499, adopted November 29, 1994, and published December 2, 1994. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 28, 1997 in the amount of $109,282.03 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a square foot basis. g. (472-82660/763508/490-453) - Improving of Tippecanoe Avenue from west line of Tyler to 150 feet east of Callahan, as authorized by Resolution No. R-95-553, adopted December 5, 1995, and published December 8, 1995. Petition for this improvement was signed by owners representing 77 percent of the property ownership. The Statement of Cost approved January 28, 1997, in the amount of $49,262.63 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. h. (472-82662/763532/490-456) - Improving of Topaz Circle and Topaz Court serving Lots 1 through 19, Block 1, Oak Ridge Addition, (north of 29th, west of Ridge), as authorized by Resolution No. R-95-566, adopted December 12, 1995, and published December 15, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 28, 1997 in the amount of $140,640.25 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. i. (472-82663/763540/490-457) - Improving of 29th Street North from the east line of Oak Ridge Addition to west line of Topaz Circle, Oak Ridge Addition (north of 29th, west of Ridge), as authorized by Resolution No. R- 95-567, adopted December 12, 1995, and published December 15, 1995; and Rescinding Resolution No. R-96-104, adopted March 26, 1996, and published March 29, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 28, 1997, in the amount of $30,268.47 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. j. (472-82316/763557/490-458) - Improving of 29th Street North, from the west line of Reflection Ridge 8th Addition to the west line of Lot 1, Block 4, Forest Lakes (west of Ridge), as authorized by Resolution No. R- 93-152, adopted April 6, 1993, and published April 9, 1993 . Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 28, 1997 in the amount of $28,558.49 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. k. (472-82676/763573/490-460) - Improving of Hickory Creek; Hickory Creek Court; and sidewalk along both sides of Hickory Creek or along one side of Hickory Creek and one walk around the entire lake in Reserve "A" (south of 13th, west of 119th Street West), as authorized by Resolution No. R-96-025, adopted January 23, 1996, and published January 26, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 28, 1997, in the amount of $532,884.39 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. l. (472-82683/763581/490-461) - Improving of University from Kessler to Knight (south of Maple, east of West Street), as authorized by Resolution No. R-96-035, adopted February 6, 1996, and published February 9, 1996. Petition for this improvement was signed by owners representing 57 percent of the property ownership. The Statement of Cost approved January 28, 1997 in the amount of $53,998.10 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a square foot basis. m. (472-82711/763599/490-462) - Improving of Lighthouse Cove from the east line of North Shore Boulevard to the east line of North Shore Boulevard (north of 21st, east of Ridge), as authorized by Resolution No. R-96- 167, adopted April 23, 1996, and published April 26, 1997; and Rescinding Resolution No. R-96-265, adopted June 18, 1996, and published June 21, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 28, 1997, in the amount of $293,920.03 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. n. (472-82712/763607/490-463) - Improving of Lakeway Circle from the north line of 21st Street North to and including the cul-de-sac (north of 21st, east of Ridge), as authorized by Resolution No. R-96-168, adopted April 23, 1996, and published April 26, 1996; and Rescinding Resolution No. R-96- 266, adopted June 18, 1996, and published June 21, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 28, 1997, in the amount of $135,581.50 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. o. (472-82698/763615/490-464) - Improving of Shadow Lakes; Lakecrest and sidewalk on the north side of Shadow Lakes, (north of 29th, west of Ridge), as authorized by Resolution No. R-96-119, adopted April 2, 1996, and published April 5, 1997. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 28, 1997, in the amount of $134,096.49 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. p. (472-82056/763862/490-489) - Improving of 31st Street South Circle from the east line of Metro West Industrial Park Addition to and including the cul-de-sac (north of 31st Street South, west of West Street), as authorized by Resolution, adopted August 28, 1990, and published August 31, 1990. Petition for this improvement was signed by owners representing 72 percent of the property ownership. The Statement of Cost approved January 28, 1997 in the amount of $102,248.75 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a square foot basis. Vice Mayor Cather Vice Mayor Cather inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the Public Hearing be closed, the assessments be approved, and -- carried the Ordinances be placed on first reading. Motion carried 5 to 0. (Gale, Knight; absent) ORDINANCE 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 improving of St. Clair from Dora to Orient (south of Harry, east of Meridian) (472-82615/763268/490-429), introduced and under the rules laid over. ORDINANCE 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 improving of University Avenue from the east line of McComas to the east line of Kessler(472-82636/763300/490-433) introduced and under the rules laid over. ORDINANCE 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 improving of Kessler from Taft to University (472- 82635/763318/490-434) introduced and under the rules laid over. ORDINANCE 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 improving of Knight Street from University to Taft (south of Maple, east of West Street) (472-82649/763425/490-445) introduced and under the rules laid over. ORDINANCE 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 improving of 53rd Street South; Midland Circle; Robbins Farm 2nd Addition (west of Broadway, north of 55th Street South) (472- 82603/763441/490-447) introduced and under the rules laid over. ORDINANCE 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 improving of Honeytree/Bluestem; Brandon and Shiloh, Smithmoor 4th Addition (south of Harry, east of Webb) (472-82538/763490/490-452) introduced and under the rules laid over. ORDINANCE 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 improving of Tippecanoe Avenue from west line of Tyler to 150 feet east of Callahan (472-82660/763508/490-453) introduced and under the rules laid over. ORDINANCE 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 improving of Topaz Circle and Topaz Court serving Lots 1 through 19, Block 1, Oak Ridge Addition, (north of 29th, west of Ridge) (472- 82662/763532/490-456) introduced and under the rules laid over. ORDINANCE 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 improving of 29th Street North from the east line of Oak Ridge Addition to west line of Topaz Circle, Oak Ridge Addition (north of 29th, west of Ridge) (472-82663/763540/490-457) introduced and under the rules laid over. ORDINANCE 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 improving of 29th Street North, from the west line of Reflection Ridge Eighth Addition to the west line of Lot 1, Block 4, Forest Lakes (west of Ridge) (472-82316/763557/490-458) introduced and under the rules laid over. ORDINANCE 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 improving of Hickory Creek; Hickory Creek Court; and sidewalk along both sides of Hickory Creek or along one side of Hickory Creek and one walk around the entire lake in Reserve "A" (south of 13th, west of 119th Street West) (472-82676/763573/490-460) introduced and under the rules laid over. ORDINANCE 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 improving of University from Kessler to Knight (south of Maple, east of West Street) (472-82683/763581/490-461) introduced and under the rules laid over. ORDINANCE 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 improving of Lighthouse Cove from the east line of North Shore Boulevard to the east line of North Shore Boulevard (north of 21st, east of Ridge) (472-82711/763599/490-462) introduced and under the rules laid over. ORDINANCE 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 improving of Lakeway Circle from the north line of 21st Street North to and including the cul-de-sac (north of 21st, east of Ridge) (472- 82712/763607/490-463) introduced and under the rules laid over. ORDINANCE 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 improving of Shadow Lakes; Lakecrest and sidewalk on the north side of Shadow Lakes, (north of 29th, west of Ridge) (472-82698/763615/490- 464) introduced and under the rules laid over. ORDINANCE 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 improving of 31st Street South Circle from the east line of Metro West Industrial Park Addition to and including the cul-de-sac (north of 31st Street South, west of West Street) (472-82056/763862/490-489) introduced and under the rules laid over. SOUND AMPLIFICATION PROPOSED ORDINANCE PERTAINING TO SOUND AMPLIFICATION SYSTEMS IN VEHICLES. Gary Rebenstorf Director of Law reviewed the Item. Council Member Kamen left the Bench. Agenda Report No. 97-211. The Police Department responds to numerous citizen complaints pertaining to amplified sound from vehicles throughout the city. The current ordinance allows police officers to cite only vehicle operators who are adults. Juveniles must be taken into ducstody and released to their parent or taken to the Juvenile Detention Facility, if no parent can be located. Existing conditions force officers to spend a significant amount of time to process juvenile violators. The proposed change removes the "sound amplification systems in vehicles" ordinance from Chapter 5.58 and adds the ordinance to Title 11.38.380, and effectively makes the ordinance a part of the City's traffic laws. The ordinance will remain the same except it sets forth a $50 fine as a mandatory penalty. Vice Mayor Cather Vice Mayor Cather inquired if anyone wished to be heard and no one appeared. Motion -- Cather moved that the Ordinance be placed on first reading. Motion carried -- carried 4 to 0. (Gale, Kamen, Knight; absent) ORDINANCE An Ordinance creating Section 11.38.380 of the Code of the city of Wichita, Kansas, pertaining to the prohibition of loud sound amplification systems in vehicles and the penalty therefore, and repealing chapter 5.58 of the Code, introduced and under the rules laid over. Council Member Kamen present. CITY COUNCIL AGENDA NOMINATING COMMITTEE APPOINTMENT OF MUNICIPAL JUDGE NOMINATING COMMITTEE. Gary Rebenstorf Director of Law reviewed the Item. Agenda Report No. 97-212. On March 4, 1997, the City Council appointed members to the Municipal Judge Nominating commission. The Council appointed two non-lawyer members and three lawer members nominated by the Wichita Bar Association. At the first meeting of the newly appointed Nominating Commission, it was discovered that two of the lawyer members (Weltz and Falk) were not electors of the City of Wichita as provided in Charter Ordinance No. 142. After being alerted to the problem, the Wichita Bar Association nominated two different lawyers to replace the ineligible lawyers. The new nominees are as follows: Michael Herd - Member of Curfman, Harris, Rose, Weltz, Metzger and Smith firm. Joseph Kennedy - Member of Morris, Laing, Evans, Brock & Kennedy firm. Vice Mayor Cather Vice Mayor Cather inquired if anyone wished to be heard and no one appeared. Motion -- Cather appointed Michael Herd and Joseph Kennedy and moved that the appointments -- carried be approved. Motion carried 5 to 0. (Gale, Knight; absent) APPOINTMENT APPOINTMENT TO COMMISSION ON THE STATUS OF PEOPLE WITH DISABILITIES. One appointment (Kamen), for a term expiring June 30, 1997. Motion -- carried Kamen moved that the appointment be deferred two weeks. Motion carried 5 to 0. (Gale, Knight; absent) PROCLAMATIONS PROCLAMATIONS. -- Youth Art Month -- Music in Our Schools Month -- Anthony Mark Hankins Week Motion -- carried Cather moved that the Proclamations be authorized. Motion carried 5 to 0. (Gale, Knight; absent) ADDENDUM ITEM 12a SOUTHWESTERN BELL SUPPORT SOUTHWESTERN BELL TELEPHONE ENTRY INTO LONG DISTANCE BUSINESS. Agenda Report No. 97-257. Federal and State telecommunications legislation adopted in 1996 allows for many changes in the telecommunications industry. Among the developments is the ability of new businesses to provide local telephone service in competition to Southwestern Bell Telephone (SWBT). A number of companies have already announced that they will soon compete with SWBT. In return, the legislative reforms grant SWBT the ability to provide long distance service out of its local area (inter-LATA). SWBT is in a position to file an application with the Federal Communications Comission (FCC) to provide long distance service. SWBT seeks the support of the City of Wichita, along with that of other communities and local business in this effort. Prior to filing for permission to provide inter-LATA long distance service, SWBT must demonstrate to the Kansas Corporation Commission (KCC) that such service will be in the public interest. It is in the best interest of the public that the citizens of wichita have the right to choose a company like SWBT to provide their inter-LATA long distance service. The letter neither endorses nor encourages use of SWBT service. The letter of support will be added to letters of support from others to demonstrate to the KCC and FCC the public interest in allowing more consumer choice in the long distance market, as well as in local service. It will also emphasize the importance of continued employment opportunities in the community. Motion -- Cather moved that the Mayor be authorized to send a letter to the KCC expressing support for Southwestern Bell Telephone's entry into the long distance business. -- carried Motion carried 5 to 0. (Gale, Knight; absent) CONSENT AGENDA Cather moved that the Consent Agenda, except Items 15 and 45a, be approved in accordance with the recommended action shown thereon. Motion carried 5 to 0. (Gale, Knight; absent) BOARD OF BIDS REPORTS OF THE BOARD OF BIDS AND CONTRACTS DATED MARCH 10 AND MARCH 17,1997. At 10:00 a.m., Friday, March 7, 1996, pursuant to advertisements published, bids were received, publicly opened, read aloud and tabulated for the Board of Bids and Contracts: (Ref: Bid analysis report attached to Board of Bids Minutes March 10, 1997) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS South Seneca Outfall Channel Fencing (west of Seneca, north & south of 63rd Street South). (468-82678/660670/566512) Does not affect existing traffic. (Council approval date 11-7-95) (District IV) Williamson Construction Co., Inc. - $44,237.10 Cather 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 5 to 0. (Gale, Knight; absent) PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS DIVISION: DEMOLITION OF OFF SITE REMOVAL OF ST. MARK CHURCH OF GOD IN CHRIST (618363)AS PER SPECIFICATIONS National Builders, Inc. - $9,705.00 (Total Net Base Bid) Alternate #1 Lump Sum - $3,407.00 PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS DIVISION: DEMOLITION & ASBESTOS REMOVAL OF 5550 E. KELLOGG, BLDG #8 (701185) AS PER SPECIFICATIONS National Builders, Inc. - $12,920.00 (Total Net Bid) PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS DIVISION: AIR COMPRESSOR/TRAILER MOUNTED (130807) AS PER SPECIFICATIONS The Victor L. Phillips Co. - $39,732.00 (Total Net Bid) PUBLIC WORKS DEPARTMENT/MAINTENANCE DIVISION: GLASS BEADS FOR TRAFFIC LINE PAINT AS PER SPECIFICATIONS O.K. Beads Inc. - $.176 (Cost Per Pound) PUBLIC WORKS DEPARTMENT/MAINTENANCE DIVISION: PAVEMENT MARKING PAINT AS PER SPECIFICATIONS Centerline Industries Inc. Item 1 - $5.09 (Per Gallon) Item 2 - $6.00 (Per Gallon) PUBLIC WORKS DEPARTMENT/STORM WATER MGMT: GRASS SEED (791335) AS PER SPECIFICATIONS Group I - Delange Seed House, Inc. - $36,735.00 (Total Net Bid) Group II - Valley Feed & Seed - $ 996.80 (Total Net Bid) POLICE DEPARTMENT: POLICE EQUIPMENT (084004) AS PER SPECIFICATIONS Group I - Kansas Fire Equipment $ 2,805.00 (Total Net Bid) Group II - Kansas Fire Equipment $16,783.00 (Total Net Bid) Group III - Tuxall Uniform & Equipment,Inc.$ 2,899.00 (Total Net Bid) Group IV - Simmons gun Specialties, Inc.$ 4,748.95 (Total Net Bid) Group V - Baysinger Police Supply $ 2,907.76 (Total Net Bid) Cather moved that the contract(s) be awarded as outlined above, same being the lowest and best bid. Motion carried 5 to 0. (Gale, Knight; absent) At 10:00 a.m., Friday, March 14, 1997, pursuant to advertisements published, bids were received, publicly opened, read aloud and tabulated for the Board of Bids and Contracts: (Ref: Bid analysis report attached to Board of Bids Minutes March 17, 1997) Water Distribution System to serve Aberdeen 2nd Addition (north of 21st, east of 119th Street West). (448-89064/733600/470438) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 10-29-96) WBW Contractors - $88,802.00 Storm Water Sewer #371 to serve Pearson Farms Addition (south of 21st, west of Maize). (468-81868/750901/485126) Does not affect existing traffic. (Council approval date 06-07-88) (District 5) Pearson Excavating - 438,573.00 Cather 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 5 to 0. (Gale, Knight; absent) PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS: 4x4 HYDRAULIC EXCAVATOR 130807-4611 AS PER SPECIFICATIONS Berry Tractor & Equipment - $166,088.00 Option #1 Lump Sum - $ 24,500.00 Deduct Option #2 Lump Sum - $ 2,900.00 Add PARK DEPARTMENT:MOWING, TRIMMING & MAINTENANCE OF HIGHLAND & JAMESBURG CEMETERIES AS PER SPECIFICATIONS Cameron Lawn Service -- Item 1 per Mowing Cycle - $1,000.00 Cameron Lawn Service -- Item 2 per Mowing Cycle - $ 90.00 VARIOUS DEPARTMENTS: HOT & COLD MIX ASPHALT 132225 AS PER SPECIFICATIONS Group I- Cornejo & Sons, Inc. - $15.90 Group II- Ritchie Paving, Inc. - $28.00 cost per ton . VARIOUS DEPARTMENTS: HOT AND COLD MIX ASPHALT 132225 Group I - Cornejo & Sons, Inc. - $15.90 per ton Group II - Ritchie Paving, Inc. - $28.00 per ton - Prop. 1 Group II - Ritchie Paving, Inc. - $30.00 per ton - Prop. 2 Group II - Ritchie Paving, Inc. - $30.00 per ton - Prop. 3 PUBLIC WORKS/FLEET & BUILDINGS: REBAR Item 1 - Concrete Accessories - $.28 per foot Item 2 - Concrete Accessories - $.135 per foot PUBLIC WORKS/MAINTENANCE: TRAFFIC SIGN FACES132217-3599 Group 1 - Vulcan Signs - $17,896.60 - Group 1 Total Net Bid WATER & SEWER/WATER DISTRIBUTION: IRON FITTINGS & 8' COLD WATER TURBINE METER 181222-5401 Group I - Wichita Winwater Works Co.- $5,325.20 - Total Net Bid Group II - Wichita winwater Works Co.- $ 566.45 - Total Net Bid Group III - Water products, Inc. - $1,778.00 - Total Net Bid Group IV - Heartland Waterworks Supp.- $2,897.20 - Total Net Bid Group V - Price Brothers Co. - $2,150.00 - Total Net Bid Group VI - Hajoca Corporation - $1,652.40 - Total Net Bid Group VII - Central Service, Inc. - $2,206.20 - Total Net Bid Group VIII - Heartland Waterworks, Inc.- $2,412.94 - Total Net Bid Group IX - Heartland Waterworks, Inc.- $1,100.00 - Total Net Bid Cather moved that the contract(s) be awarded as outlined above, same being the lowest and best bid. Motion carried 5 to 0. (Gale, Knight; absent) LICENSE APPLICATIONS APPLICATIONS FOR LICENSES. Adult Entertainment. Norman Massey, Jr. Circle Cinema 2570 S. Seneca Robert Floyd Kellogg Gift Shop Inc. dba 6143 W. Kellogg Priscilla's Jack Lee Hartman No Business Name 2714 S. Glendale Retail Cereal Malt Beverages. Renewal 1997 (Consumption on Premises) Steven A. Miklosi Barnacle Bill's FantaSea* 3330 N. Woodlawn Carol Bruff Residence Inn by Marriott* 411 S. Webb Carol Bruff Residence Inn by Marriott* 120 W. Orme New Operator 1997 (Consumption on Premises) Terrance L. Houck Terry's Place 1007 E. Pawnee *General Restaurant-Beer Sales derive less than 50% of gross revenues. Motion -- Cather moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 5 to 0. (Gale, Knight; absent) PLANS AND SPECS. Plans and Specifications. a. Dry Creek Interceptor Sewer, Phase I, Part B (east of Oliver, from Harry to Douglas). Does not affect existing traffic. (Council approval date 09-26-95) (District II & III) (468-82541/632414/533-316) Motion -- Cather moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., March 21, 1997. Motion carried 5 to 0. (Gale, Knight; absent) b. 1997 Contract Maintenance Preparatory Curb and Gutter Repair and Miscellaneous Concrete Repair Phase I at various locations. Traffic to be maintained through construction. (Council approval date 03-04-97) (District all) (132258/112000) c. Rock Road, 43rd to 45th Streets North (Rock Road & 45th Street North). Street to be closed during the construction. Temporary access coordinated with the adjacent properties shall be approved by the Construction Engineer. (Council approval date 9-10-96) (District II) (472- 82700/706465/405-200) d. Sanitary Sewer Rehabilitation, 1997 College Hill, Phase I (south of Douglas, west of Belmont). Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 7-18- 95) (District II) (468-82685/621557/533-266) e. Lining 595 feet of existing 10 and 12 inch diameter sewer lines in Civic Center Place from north of Douglas to south of First Street (north of Douglas, east of Waco). Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 1-7- 96) (District VI) (468-82687/621631/533-274) f. Lining 313 feet of existing 8 inch diameter sewer line in 9th east and west of St. Francis, and rehabilitating four (4) manholes (south of 13th, east of Broadway). Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 1-7-96) (District VI) (468-82673/621516/533-262) g. Rehabilitating 1789 feet of 8 inch diameter sewer line, including one point repair and raising one manhole with new ring and cover east of Bluff, north of 21st (north of 21st, east of Hillside). Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 1-7-96) (District I) (468-82686/621649/533-275) h. Dump #9/Meridian Park (21st & Meridian). Does not affect existing traffic. (Council approval date 6-11-96) (District V) (136002) i. 1997 Contract Maintenance Micro-Surface Seal of Arterial Asphalt Streets (various locations). Traffic to be maintained through construction. (Council approval date 3-4-97) (District all) (132274/112000) j. 1997 Contract Maintenance Surface Milling and Asphalt Overlay of Arterial Streets, Phase I to serve Willow Bend Addition (Rock Road north of 37th Street North). Traffic to be maintained through construction. (Council approval date 3-4-97) (District all) (132282/112000) Motion -- Cather moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., March 28, 1997. Motion carried 5 to 0. (Gale, Knight; absent) Subdivision Plans and Specifications. a. Water Distribution System to serve Webb Road Commercial Addition (south of 21st, west of Webb Road). (448- 89043/733659/470443) Does not affect existing traffic. (Council approval date 5-21-96) (District 2) b. Water Distribution System to serve Rocky Creek Addition (north of 13th, east of 127th Street East). (448- 89094/733618/470439) Does not affect existing traffic. (Council approval date 12-17-96) (District n/a) c. Lateral 9, Main 17, Southwest Interceptor Sewer to serve Forest Lakes Addition (north of 29th, west of Ridge). (468- 82307/743013/480390) Does not affect existing traffic. (Council approval date 4-6-93) (District 5) Motion -- Cather moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., March 28, 1997. Motion carried 5 to 0. (Gale, Knight; absent) PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. 1995 Water Main Replacement (Group E): Vassar, Lincoln to Orme; Rutan, Lincoln to Orme; Holyoke, Lincoln to Orme; Orme, Holyoke to Rutan (89007); Clifton, Orme to Yale to Gilbert to Longview; Yale, Morris to Orme; Roosevelt, Morris to Orme (89008); Morris, Crestway to Dellrose, Gilbert, Pershing to Oliver; Dellrose, Lincoln to Gilbert; Orme, Pershing to Dellrose (89009) - $1,180,000.00. Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 7-18-95) (District II & III) (448-89007/89008/89009/634600/544-460) b. South Seneca Outfall Channel Fencing (west of Seneca, north & south of 63rd Street South) - $168,024.60. Does not affect existing traffic. (Council approval date 11-7-95) (District IV) (468- 82678/660670/566-512) Motion -- Cather moved that the preliminary estimates be approved and filed. Motion -- carried carried 5 to 0. (Gale, Knight; absent) 100 PERCENT PETITIONS LEFT TURN LANE ON 21ST STREET NORTH TO SERVE AN UNPLATTED TRACT (EAST OF ROCK ROAD). (District II) Agenda Report No. 97-213. The signature on the petition represents 100% of the improvement district. The left turn lane will serve an unplatted tract in the Wilson Estates. The project budget is $5,000. The funding source is special assessments. Motion -- Cather moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 5 to 0. (Gale, Knight; absent) RESOLUTION NO. R-97-056 Resolution of findings of advisability and Resolution authorizing construction of a left turn lane on 21st Street North to serve an unplatted tract (472-82806) (East of Rock Road) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cather moved that the Resolution be adopted. Motion carried 5 to 0. (Gale, Knight; absent) Yeas: Cather, Cole, Ferris, Kamen, Rogers. WATER DISTRIBUTION SYSTEM TO SERVE THE PARK CHATEAU ADDITION (SOUTH OF PAWNEE, EAST OF MAIZE ROAD). (District V) Agenda Report No. 97-214. The signature on the petition represents 100% of the improvement district. A Water Distribution System needs to be extended to serve Lot 1, Block 1, The Park Chateau. The estimated project cost is $29,000. The funding source is special assessments. Motion -- Cather moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 5 to 0. (Gale, Knight; absent) RESOLUTION NO. R-97-057 Resolution of findings of advisability and Resolution authorizing construction of Water distribution System Number 448-89123 to serve the Park Chateau Addition (south of Pawnee, east of Maize Road) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cather moved that the Resolution be adopted. Motion carried 5 to 0. (Gale, Knight; absent) Yeas: Cather, Cole, Ferris, Kamen, Rogers. PAVING AND WATER DISTRIBUTION SYSTEMS TO SERVE SMITHMOOR FIFTH ADDITION (SOUTH OF HARRY, EAST OF WEBB). (District V) Agenda Report No. 97-215. The signature on the petitions represents 100% of the improvement district. Petitions for paving and water improvements to serve Smithmoor 5th Addition were originally approved by the City Council on August 13, 1996. The method of assessment was the square foot basis. The Developer has submitted new petitions, containing the equal share method of assessment, in order to make the lots easier to market. There is no impact on the project budgets. The funding source is Special Assessments. Motion -- Cather moved that the Petitions be approved and the Resolutions be adopted. -- carried Motion carried 5 to 0. (Gale, Knight; absent) RESOLUTION NO. R-97-058 Resolution of findings of advisability and Resolution authorizing construction of Water distribution System Number 448-89069 to serve Smithmoor Fifth Addition (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. Cather moved that the Resolution be adopted. Motion carried 5 to 0. (Gale, Knight; absent) Yeas: Cather, Cole, Ferris, Kamen, Rogers. RESOLUTION NO. R-97-059 Resolution of findings of advisability and Resolution authorizing construction of Water distribution System Number 448-89070 to serve Smithmoor fifth Addition (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. Cather moved that the Resolution be adopted. Motion carried 5 to 0. (Gale, Knight; absent) Yeas: Cather, Cole, Ferris, Kamen, Rogers. RESOLUTION NO. R-97-060 Resolution of findings of advisability and Resolution authorizing improvement of Shiloh Street in Smithmoor fifth Addition (472-82758) (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. Cather moved that the Resolution be adopted. Motion carried 5 to 0. (Gale, Knight; absent) Yeas: Cather, Cole, Ferris, Kamen, Rogers. RESOLUTION NO. R-97-061 Resolution of findings of advisability and Resolution authorizing improvement of Honeytree and Brandon Streets in Smithmoor fifth Addition (472-82759) (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. Cather moved that the Resolution be adopted. Motion carried 5 to 0. (Gale, Knight; absent) Yeas: Cather, Cole, Ferris, Kamen, Rogers. SANITARY SEWER TO SERVE LARK THIRD ADDITION AND TWO UNPLATTED TRACTS (SOUTH OF KELLOGG, EAST OF 119TH STREET WEST). (District V) Agenda Report No. 97-216. The signatures on the petition represent 100% of the improvement district. The project was originally approved by the City Council on May 21, 1996. The developers have submitted a new petition that expands the improvement district to include two unplatted tracts that can be served by the sanitary sewer. The project budget is unchanged. The funding source is special assessments. Motion -- Cather moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 5 to 0. (Gale, Knight; absent) RESOLUTION NO. R-97-062 Resolution of findings of advisability and Resolution authorizing construction of Lateral 14, Main 13, Southwest Interceptor Sewer to serve Lark Third Addition (south of Kellogg, east of 119th Street West (468- 82612) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cather moved that the Resolution be adopted. Motion carried 5 to 0. (Gale, Knight; absent) Yeas: Cather, Cole, Ferris, Kamen, Rogers. SANITARY SEWER TO SERVE WEST WAREHOUSE ADDITION (SOUTH OF HARRY, EAST OF WEST STREET). (District IV) Agenda Report No. 97-217. The signatures on the petition represent 100% of the improvement district. This petition is associated with a lot split case. Sanitary sewer needs to be extended in order to serve the south portion of the lot. The estimated project cost is $10,000. The funding source is special assessments. Motion -- Cather moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 5 to 0. (Gale, Knight; absent) RESOLUTION NO. R-97-063 Resolution of findings of advisability and Resolution authorizing construction of Lateral 157, Sanitary Sewer No. 22 to serve West Warehouse Addition (468-82681) (south of Harry, east of West Street) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cather moved that the Resolution be adopted. Motion carried 5 to 0. (Gale, Knight; absent) Yeas: Cather, Cole, Ferris, Kamen, Rogers. SANITARY SEWER, WATER, STORM WATER SEWER AND PAVING IMPROVEMENTS IN HICKORY CREEK ESTATES ADDITION (SOUTH OF 13TH STREET NORTH, WEST OF 119TH STREET WEST). (District V) Agenda Report No. 97-218. The signature on the petitions represents 100% of the improvement districts. Hickory Creek Estates was platted in 1996 as a single- family neighborhood. The developer has submitted new petitions to reconfigure the area to accommodate the current lot sales rate. The petitions total $698,000. The funding source is special assessments. Motion -- Cather moved that the Petitions be approved and the Resolutions be adopted. -- carried Motion carried 5 to 0. (Gale, Knight; absent) RESOLUTION NO. R-97-064 Resolution of findings of advisability and Resolution authorizing construction of Water distribution System Number 448-89127 to serve Hickory Creek Estates Addition (south of 13th Street north, west of 119th Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cather moved that the Resolution be adopted. Motion carried 5 to 0. (Gale, Knight; absent) Yeas: Cather, Cole, Ferris, Kamen, Rogers. RESOLUTION NO. R-97-065 Resolution of findings of advisability and Resolution authorizing construction of Lateral 3, Main 18, Southwest Interceptor Sewer to serve Hickory Creek Estates Addition (south of 13th Street north, west of 119th Street West) (468-82682) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cather moved that the Resolution be adopted. Motion carried 5 to 0. (Gale, Knight; absent) Yeas: Cather, Cole, Ferris, Kamen, Rogers. RESOLUTION NO. R-97-066 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Sewer No. 481 to serve Hickory Creek Estates Addition (south of 13th Street north, west of 119th Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cather moved that the Resolution be adopted. Motion carried 5 to 0. (Gale, Knight; absent) Yeas: Cather, Cole, Ferris, Kamen, Rogers. RESOLUTION NO. R-97-067 Resolution of findings of advisability and Resolution authorizing improving of Hickory Creek, Alderny, Alderny Court, Hickory Creek Courts and sidewalk in Hickory Creek Estates Addition (472-82802) (south of 13th Street North, west of 119th Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cather moved that the Resolution be adopted. Motion carried 5 to 0. (Gale, Knight; absent) Yeas: Cather, Cole, Ferris, Kamen, Rogers. ADVISORY BOARDS MINUTES OF ADVISORY BOARDS. Board of Appeals of Air Conditioning, Refrigeration, Warm Air Heaters, & Boilers, 2/27/97 Board of Appeals of Plumbers & Gas Fitters, 3/4/97 Board of Housing Commissioners, 2/20/97 Board of Park Commissioners, 2/10/97 Board of Zoning Appeals, 11/19/96 Board of Zoning Appeals, 12/17/96 Civil Rights & Services Board, 2/24/97 Commission on the Status of People With Disabilities, 2/26/97 CPO Northeast Council 1, 2/24/97 CPO Southeast Council 3, 2/27/97 CPO Southwest Council 4, 2/27/97 CPO North Central Council 6, 2/26/97 Human Services Board, 2/13/97 Metropolitan Area Planning Commission, 2/13/97 Police & Fire Retirement System, 2/26/97 Public Art Advisory Board, 2/13/97 Sister Cities Advisory Board, 1/3/97 Wichita Airport Authority, 2/18/97 Wichita Employees' Retirement System, 2/26/97 Wichita/Sedgwick County Alcohol & Drug Abuse Advisory Board, 2/13/97 Wichita/Sedgwick County Board of Health, 2/13/97 Wichita/Sedgwick County Emergency Communications Advisory Board, 2/20/97 Motion -- carried Cather moved that the Minutes be received and filed. Motion carried 5 to 0. (Gale, Knight; absent) EASEMENTS/DEDICATIONS EASEMENTS AND DEDICATIONS. a. Easement for a tract in Suttons Reserve (Lewis-River to Main, Index 706366) (no cost to City) b. Drainage easement dated 2/4/97 from Brian D. Lagaly for tracts in The Courts II (Index 605980) (no cost to City) c. Twelve (12) Easements dated 1/22/97 from Jay Russell for tracts in Aberdeen Second (Lat 369, SWI, Index 742973) (no cost to City) d. Water Resources Permit dated 1/27/97 From Division of Water Resources (Maple/Lewis Bridge, Index 715383) (no cost to City) e. Easement dated 12/30/96 from Leo Marvin & Vivian L. Rink for a tract in the S.E. Quarter, Sec 32 Twp 26 S, R-1-W Motion -- Cather moved that the documents be received, the Mayor be authorized to sign the necessary documents, and they be recorded with the Register of Deeds. Motion -- carried carried 5 to 0. (Gale, Knight; absent) STREET CLOSURES CONSIDERATION OF STREET CLOSURES/USES. a. Along UPRR Line, from Lincoln to the south. (Districts III, IV & VI) Agenda Report No. 97-219. The Union Pacific Railroad Company has recently delivered new rail material to replace the existing rails on the UP tracks in Mead, south of Lincoln. UP is in the process of upgrading the tracks to provide continuous welded rails. One-day closures during the period from March 19 through April 3 are requested for the crossings at Kinkaid, Clark, Skinner, Osie, Boston, Zimmerly and Bayley. All of these crossings are along the UP line in Mead Street. These track improvements are necessary to allow the railroad to increase train speeds along this section of trackage. Because of the minor traffic volumes at the above closure locations and the expectation of a closure period of less than four hours, there will be no signed detour at the minor street closures. The railroad is responsible for construction barricades, detour signing and notification of affected businesses and residents. There is no cost to the City. b. At Various Locations. (Districts IV, V & VI) Agenda Report No. 97-220. The Central Kansas Railway has scheduled necessary track adjustment and realignment in Bayley Street between Emporia and St. Francis. They have also established a tentative schedule (noted below) to reconstruct two arterial crossings and install concrete crossing material. At a third arterial crossing location (Central, east of Zoo Boulevard) a partial street closure will be needed to extend the existing concrete crossing material. The tentative closure dates are as follows: 3/19-20 McCormick, east of West St. 3/21-22 Maize Rd., south of Kellogg 3/24 Central Ave., east of Zoo Blvd. (partial closure) The track improvements in Bayley Street are necessary to correct line, grade and gauge problems along this curve area and the replacement of deteriorating crossing material in the Emporia Street crossing. The reconstruction of the crossings on McCormick and Maize Road will allow the railroad to install concrete crossing material which was previously paid for by the City. This work will improve the crossing condition and street profile at the affected crossing areas. The railroad is responsible for construction barricades, detour signing and notification of adjacent property owners. Detours will be signed during the arterial closures. As usual, the noted closure dates are subject to change if required by weather conditions or a railroad emergency situation. The City Council approved the purchase of 200 lineal feet of concrete crossing material as part of Phase I of the 1996 Railroad Crossing Program (MS-458). c. Tyler Road, North of 21st Street. (District V) Agenda Report No. 97-221. Ritchie Paving, Inc. is in the process of paving a section of Tyler Road between Sterling Street and 1/4-mile south of 29th Street. Drainage installation, subgrade placement, and curb and gutter construction have been accomplished. Ritchie Paving is requesting your approval of a closure of this section of Tyler Road between March 31 and April 15 to accomplish the placement of the asphalt pavement. The construction plans allow the closure of this section of Tyler Road during this portion of the project. Because Tyler Road is being paved as a two-lane roadway, there will not be enough room to allow traffic to move safely past the laydown machine during the asphalt placement process. Access north of Sterling Street will be limited to the use of connecting residential streets or from 29th Street North. There is no cost to the City. Motion -- carried Cather moved that the street closures be approved. Motion carried 5 to 0. (Gale, Knight; absent) ABERDEEN SECOND ADN. DESIGN SERVICES FOR ABERDEEN SECOND ADDITION. (District V) Agenda Report No. 97-222 The City Council approved the Aberdeen Second Addition plat on October 29, 1996. The proposed Agreement between the City and Poe & Associates of Kansas, Inc. provides for the design of Water Distribution System Number 448 89064 (north of 21st, east of 119th Street West). Because Poe & Associates of Kansas, Inc. provided subdivision engineering services for this addition, it can expedite construction plan preparation. Administrative Regulation 7a allows for the selection of Poe & Associates of Kansas, Inc. under these conditions. Payment will be on a lump sum basis not to exceed $13,600 and will be paid by Special Assessments. Motion -- Cather moved that the Agreement be approved, and the Mayor be authorized to sign. -- carried Motion carried 5 to 0. (Gale, Knight; absent) ROCKY CREEK DESIGN SERVICES FOR ROCKY CREEK ADDITION. (District II) Agenda Report No. 97-223 The City Council approved Rocky Creek Addition plat on December 17, 1996. The proposed Agreement between the City and Mid-Kansas Engineering Consultants, Inc. (MKEC) provides for the design of Water Distribu- tion System No. 448-89094 and Water Distribution System No. 448-89095 (north of 13th, east of 127th Street East). Because MKEC provided subdivision engineering services for this addition, it can expedite construction plan preparation. Administrative Regulation 7a allows for the selection of MKEC under these conditions. Payment will be on a lump sum basis not to exceed $19,709 and will be paid by Special Assessments. Motion -- Cather moved that the Agreement be Approved and the Mayor be authorized to sign. -- carried Motion carried 5 to 0. (Gale, Knight; absent) FOREST LAKES ADDITION DESIGN SERVICES FOR FOREST LAKES ADDITION. (District V) Agenda Report No. 97-224 The City Council approved Forest Lakes Addition plat on April 6, 1993. The proposed Agreement between the City and Professional Engineering Consultants, P.A. (PEC) provides for the design of Lateral 9, Main 17, Southwest Interceptor Sewer; Water Distribution System No. 448-88706; and paving Wild Rose, Forest Lakes and sidewalk (north of 29th, west of Ridge). Because PEC provided subdivision engineering services for this addition, it can expedite construction plan preparation. Administrative Regulation 7a allows for the selection of PEC under these conditions. Payment will be on a lump sum basis not to exceed $31,900 and will be paid by Special Assessments. Motion -- Cather moved that the Agreement be Approved, and the Mayor be authorized to sign. -- carried Motion carried 5 to 0. (Gale, Knight; absent) STRUCTURAL INVENTORY STRUCTURAL INVENTORY AND APPRAISAL OF 197 BRIDGES. (All Districts) Agenda Report No. 97-225 Every two years, the Federal Highway Administration and the Kansas Department of Transportation (KDOT) require the Structural Inventory and Appraisal of all bridges and box culverts maintained by the City of Wichita. The City's previous inspection report was submitted in 1995. The inspections are required to maintain eligibility for federal funding for bridge repair and replacement projects, to aid in developing and performing maintenance programs and to prioritize projects for maintenance and capital improvement funding. On November 12, 1996, the Staff Screening and Selection Committee selected Professional Engineering Consultants (PEC) to provide the inspection report for 1997. KDOT approved of the selection and prepared a 3- party agreement between KDOT, the City and PEC. Payment to PEC will be on a cost plus basis not to exceed $40,058 and will be paid from budgeted gas tax funds. KDOT will reimburse the City for 80% of the cost. Motion -- Cather moved that the Agreement be approved and the Mayor be authorized to sign. -- carried Motion carried 5 to 0. (Gale, Knight; absent) SEWAGE TREATMENT PLANT SEWAGE TREATMENT PLANT #2 AERATION EQUIPMENT RETROFIT. (All Districts) Agenda Report No. 97-226 The Staff Screening and Selection Committee selected Brown & Caldwell for engineering services for an aeration system retrofit at Sewage Treatment Plant #2. On January 14, 1997, the City Council approved the Capital Improvement Program Project S-507, Aeration Equipment Retrofit. The aeration system at Sewage Treatment Plant #2 was installed in 1989. There was a five-year warranty period on replacement parts. A two-year maintenance cycle is required which is excessive and difficult to implement. The selected engineering firm will evaluate available replacement systems considering capital cost, maintenance, energy consumption and an evaluation of the entire treatment process. The evaluation will determine if there are opportunities during the retrofit process that would enhance treatment and/or reduce costs. A maintenance cycle on existing equipment will be required in 1997 if an alternative is not selected. Since the existing system requires excessive maintenance that is difficult to perform, staff believes the funds that would be expended for retrofit would be better spent if directed towards a more effective and efficient process. The 1997 CIP budget amount for S-507 is $1,360,000. These funds will be used for evaluation, design, construction management and equipment purchases. Payment to Brown & Caldwell is set out under "Payment Provision" in the Agreement and that the cost for services described in the "Scope of Services" shall not exceed $152,548 as specified in Exhibit C of the Agreement. Motion -- Cather moved that the Agreement be approved and the Mayor be authorized to sign. -- carried Motion carried 5 to 0. (Gale, Knight; absent) DETENTION POND SUPPLEMENTAL AGREEMENT FOR DETENTION POND (EAST OF TYLER, NORTH OF 21ST STREET NORTH). (District V) Agenda Report No. 97-227 On September 10, 1996, the City Council approved an Agreement with Professional Engineering Consultants, P.A. (PEC) to design Storm Water Sewer No. 463 (east of Tyler, north of 21st Street North). Since that time, the Developer requested that the scope of the drainage project be expanded to include a detention pond downstream of the Storm Water Sewer. A Supplemental Agreement with PEC to design the additional drainage improvements has been prepared. Payment to PEC will be made on a lump sum basis not to exceed $4,738.53 and will be paid by Special Assessments included in the project budget. Motion -- Cather moved that the Supplemental Agreement be approved, and the Mayor be -- carried authorized to sign. Motion carried 5 to 0. (Gale, Knight; absent) NORTHEAST SUBSTATION NORTHEAST SUBSTATION SITE STUDY. (District II) Agenda Report No. 97-228 The Street Maintenance activities for the City of Wichita are conducted from three facilities: the Central Maintenance Facility (CMF) at 1801 South McLean, the West Substation at Third and Gilda, and the Northeast Substation at 33rd Street North and Hillside (north of K-96 and Hillside). The present Northeast Substation facility (NE Sub) was constructed in 1974 to accommodate Street Maintenance operations for the east half of the City. It was constructed on a 20 acre site with an office, outbuildings for material/equipment storage, and paved staging areas. In 1991, construction of the K-96 Highway severed the site and removed 80% of the work area, including all the outbuildings and nearly all storage and staging areas. On October 15, 1996, the City Council authorized the Staff Screening and Selection Committee be authorized to select a design consultant to do a site study to recommend modifications necessary to continue operation of the present Northeast Substation. The Staff Screening and Selection Committee interviewed firms on December 19, 1996 selecting McCluggage Van Sickle & Perry Corp. The Contract for architectural and engineering services for the site study is a single stipulated lump sum fee (including reimbursable expenses) not to exceed $21,500. The 1996-2005 adopted CIP provides for $100,000 in Local Sales Tax Funds for modifications necessary to continue operations of the Northeast Substation (PB-9406). City Council at their October 15, 1996 meeting designated the funds for site modifications be used for a site study and evaluation and approved the Ordinance. Motion -- Cather moved that the Contract be Approved and the Mayor be authorized to sign. -- carried Motion carried 5 to 0. (Gale, Knight; absent) HILLSIDE FROM 27TH AUTHORITY TO AWARD CONTRACT - COMMITMENT OF CITY FUNDS FOR HILLSIDE FROM 27TH TO 37TH STREET NORTH. (District I) Agenda Report No. 97-229 The Authorization Document between the City and the Kansas Department of Transportation (KDOT) is for reconstructing and widening Hillside from 27th to 37th Street North. On November 5, 1996, the City Council approved an agreement with KDOT to administer the project and provide 80 percent federal funding. On December 17, 1996, the City Council approved the project for construction. The project is a part of the 1997 Capital Improvement Program (CIP No. MS-463). Also, the agreement between the City and KDOT for construction engineering services. Hillside, north of 27th Street North, is a two-lane road without curb and gutter. It provides direct access from Wichita State University and the surrounding area to the K-96 Expressway. The proposed improvement consists of: 1) reconstructing Hillside to four lanes, 2) installing sidewalks along both sides of Hillside, and 3) landscaping the right-of-way. Bids for construction of the improvements were received on February 19, 1997. Cornejo & Sons, Inc. submitted the low bid of $1,490,496.31. In accordance with the Agreement entered into by the City and KDOT, the City's share of the cost is $314,674.00 and will be paid by General Obligation Bonds. KDOT will reimburse the City for 80 percent of the cost for construction engineering services which has an upper limit of $131,039.06. Motion -- Cather moved that award of the construction contract and payment of the City's share of the costs be authorized; and the agreement be approved and the Mayor be -- carried authorized to sign. Motion carried 5 to 0. (Gale, Knight; absent) FIREFIGHTERS RELIEF DECLARATION FOR PARTICIPATION IN FIREFIGHTERS RELIEF FUND FOR 1996. Agenda Report No. 97-230 The Declaration for Participation must be filed each year to allow the local Firefighters Relief Association to participate in the distribution of the State Firefighters Relief Fund Tax. Certification indicates that the Wichita Fire Department is a full paid, public fire department with 364 salaried firefighters, and has fire apparatus and necessary equipment that is in serviceable condition with a value of $20 million. Motion -- Cather moved that the Declaration for Participation in the Firefighters Relief Association for 1997 be approved and the Mayor be authorized to sign. Motion -- carried carried 5 to 0. (Gale, Knight; absent) SWIMMING POOL SWIMMING POOL IMPROVEMENTS. (District II, V) Agenda Report No. 97-231 The 1997 Caital Improvement Program allocates $50,000 for the purchase and installation of a water slide at the Harvest Park swimming pool (CIP Project No. P-27). Park staff has determined that the funds could be better used to meet the needs of Wichita citizens by purchasing three somewhat smaller water slides than the equipment originally selected for one site, and placing the smaller water slides at three swimming pools. Park Department staff determined in 1996 that certain improvements were needed at municipal swimming pools in order to increase attendance and associated revenues. Consequently, a water slide was approved in the 1997 Capital Improvement Program to be installed at Harvest Park swimming pool. However, it became apparent that funds available were adequate to purchase water slides for three sites, which would serve more Wichita citizens and result in increased revenues for the swimming pool program. The pool sites selected for these enhancements are Harvest Park, Orchard Park, and Edgemoor Park, which are highly-used pools. Admission charge at these three sites will only increase by $.25 when the water slides have been installed. A total of $50,000 was allocated by City Council for the purpose of purchasing and installing a water slide at one municipal swimming pool. These funds are adequate to purchase three small sized water slides for installation at three municipal swimming pools. Admission fees at the three target sites will increase by $.25 per person, and are expected to result in approximately $10,000 in additional revenues for swimming pools in 1997. The funding source for this project will be general obligation bonds. Motion -- Cather moved that the proposed funding to purchase and install water slides at three municipal swimming pools be approved and the Bonding Resolution be adopted. -- carried Motion carried 5 to 0. (Gale, Knight; absent) RESOLUTION NO. R-97-068 A Resolution authorizing the issuance of bonds by the City of Wichita at large for improvmenents at municipal swimming pools, presented. Cather moved that the Resolution be adopted. Motion carried 5 to 0. (Gale, Knight; absent) Yeas: Cather, Cole, Ferris, Kamen, Rogers. GRANT APPLICATION TARGET LAW ENFORCEMENT GRANT APPLICATION. Agenda Report No. 97-232 Target Stores, Inc. awards grants to law enforcement agencies to purchase equipment that will assist with the enforcement of shoplifting laws. The Wichita Police Department proposes to submit a grant application to Target Stores, Inc. for $1,052 to purchase two tape recorders and 100 cassette tapes. The equipment will be used by police officers to dictate the narrative portion of case reports, which will free the officers' time to proactively address problems with shoplifting and other crimes. The $1,052 grant from Target Stores, Inc. does not require a local match. Motion -- carried Cather moved that the Grant Application be approved. Motion carried 5 to 0. (Gale, Knight; absent) BUDGET ADJUSTMENT SEWER UTILITY BUDGET ADJUSTMENT. (All Districts) Agenda Report No. 97-233 A gear reducer which drives a screw lift pump has failed and will require repair by the manufacturer. The screw lift pump at Sewage Treatment Plant #2 is an integral part of the secondary treatment process. Because of the integral nature of this process equipment, there is no choice but to repair or replace the unit. Failure to repair or replace the gear reducer could result in the City violating its permit to discharge treated wastewater to the Arkansas River. Staff has received quotes for both the repair and replacement of the gear reducer. Repairs are estimated to cost $18,080 and a replacement unit would cost $42,192, which makes the repair the most cost effective option. The cost to repair the gear reducer is estimated to be $18,080. The funds would be transferred from the Sewer Contingency funds, which were designated for emergency situations, to the Sewage Treatment funds. City Council approval is required for budget transfers of $10,000 or more. Failure to effect the repairs could result in a violation of the City's NPDES permit which could result in the Kansas Department of Health and Environment assessing fines and penalties. It is recommended that the City Council authorize a budget transfer of $18,080 from the Sewer Contingency Fund to the Sewage Treatment Division budget for the purpose of repairing the gear reducer for the screw lift pump located at Sewage Treatment Plant #2. Motion -- carried Cather moved that the budget transfer be Authorized. Motion carried 5 to 0. (Gale, Knight; absent) HUD CONSOLIDATED PLAN HUD CONSOLIDATED PLAN-1997/8 ONE YEAR ACTION PLAN. Agenda Report No. 97-234. On March 4, 1997, the City Council approved 1997/8 funding allocations for the Consolidated Plan. The Consolidated Plan includes Community Development Block Grant, HOME and Emergency Shelter Grant funds. Following the allocations, HUD requires the proposed One Year Action Plan be prepared listing the projects to be undertaken, their location and proposed activities. The proposed One Year Action Plan is to be submitted for a 30-day public comment period prior to final adoption by the City Council. The preliminary 1997/1998 One Year Action Plan lists the federal resources expected to be available to address the priority needs previously adopted by the City Council, a description of the activities (projects to be funded by the City Council), the geographic location of the activities and homeless, and other special needs activities to be undertaken. The 1997/8 One Year Action Plan covers the period beginning July 1, 1997 and ending June 30, 1998. The 1997-1998 Consolidated Plan totals $6,842,475 and is comprised of an estimated $5,561,475 in grant funds, $565,000 1997/8 projected program income (all but $90,000 of projected income is derived from revolving funds such as Historic Loans), $396,000 in program balances, and $320,000 prior year program income. The City has met federal requirements to proceed with issuance of a preliminary One Year Action Strategy. A thirty day public comment period is required. If approved by the City Council, the public comment period would begin on March 20, 1997 and end on April 20, 1997. The City Council would consider any public comments at its April 29, 1997 meeting as a part of the final adoption of the 1997/8 One Year Action Plan. Motion -- Cather moved that the proposed 1997/8 One Year Action Plan as a substantial amendment to the Consolidated Plan be approved and the staff be authorized to -- carried initiate the public comment period. Motion carried 5 to 0. (Gale, Knight; absent) PLUMBING REPAIR SVC. PLUMBING REPAIR SERVICE - SELECTION OF VENDOR. Agenda Report No. 97-235 Various City departments require residential and commercial plumbing repair services. To obtain the most qualified plumbing repair service at a cost that would be most beneficial to the City, a Request for Proposal was sent to thirty-two (32) vendors and six (6) responded. A selection committee which was represented by Purchasing, Public Works, and the Wichita Housing Authority reviewed the proposals. Each proposal was evaluated on the basis of qualifications, experience, references, and costs. Based on this criteria, C. Lee Tade Plumbing & Heating was selected for the residential plumbing repair and The Waldinger Corporation for the commercial plumbing repair services. The contract will not obligate the City to any specific purchases or volume of purchases on plumbing repair services; it only provides the departments the ability to obtain plumbing repair services from the most qualified, cost-effective vendor. The contract will be for one year with an annual renewal options for an additional two years. Motion -- Cather moved that the selection of C. Lee Tade Plumbing & Heating for the residential plumbing and The Waldinger Corporation for the commercial plumbing repair services be approved; and the Purchasing Manager be authorized to sign the -- carried contracts. Motion carried 5 to 0. (Gale, Knight; absent) MTA PRELIMINARY DESIGN PRELIMINARY DESIGN CONCEPT MTA - STORAGE, ADMINISTRATION & MAINTENANCE FACILITY. Agenda Report No. 97-236. On February 25, 1992, the City Council approved relocating the MTA maintenance facility to an appropriate site in the downtown area and adopted the authorizing resolution for the local match of funds. On August 15, 1995, the City Council passed a motion to increase the local funding needed to support land purchase, design, and construction costs for MTA's new storage/administration/maintenance facility. The motion increased local share to $1,500,000 from the previously approved $1,210,000. On June 18, 1996, the City Council amended the previous Resolution No. 93-181, Section 1, from $1,210,000 to $1,500,000 which is the required 20% match for the project. On October 15, 1996, the City Council approved a Contract addendum and Change Order to reduce the A&E fees by $70,550 and authorized the architect to proceed with the schematic design of the new MTA facility. The architect has completed the schematic design phase of this project and has prepared a preliminary design concept brochure for Council review and approval. The brochure provides the following information: 1. Project Background 2. Realities of the Building 3. What the Building Accomplishes For the WMTA 4. Space Program 5. Statement of Probable Cost 6. Colored Site Plan 7. Floor Plan 8. Colored Elevations 9. Massing Models 10. View From Waterman The site plan allows for parking under the Kellogg overpass. To accommodate this a Joint Use Right Of Way Agreement between the City of Wichita, MTA and the State of Kansas was negotiated. The City is required to provide a 20% maximum local match for the project of $1,500,000. Federal participation amounts to a maximum of $6,000,000 for a total project budget of not to exceed $7,500,000. Federal funds are currently secured under a federal grant. Motion passed by the Council was to approve local funding from Debt Service Fund. The statement of probable cost prepared by the architect is estimated not to exceed $6,094,793 with alternatives and furniture/equipment. Motion -- Cather moved that the Preliminary Design Concept be approved; the architect be authorized proceed with the Design Development Phase; and the Joint Use of Right Of Way Agreement be approved, and the Mayor be authorized to sign. Motion -- carried carried 5 to 0. (Gale, Knight; absent) PARK PROGRAM PARK TENNIS AND BASKETBALL COURT REPAIR PROGRAM. (District I) Agenda Report No. 97-237 The Capital Improvement Program contains a project to repair various sports courts in City parks (CIP No. P-92, page 232). The City Council approved the project on November 19, 1996. The courts to be repaired are in MacAdams Park, located north of 13th and west of the Martin Luther King Expressway. Staff analyzed the work needing to be done and discovered that the cost exceeds the $71,000 that was approved on November 19, 1996. The project will include replacing two tennis courts, repairing two others and repairing a tennis practice area. The work will help prevent injuries and reduce future maintenance costs. The estimated project cost is $89,000. The additional $18,000 is available in the Ralph Wulz Riverside Tennis Complex project (CIP No. P-94, page 225). The funding source is General Obligation Bonds. Motion -- Cather moved that the Project be approved and the Resolution be Adopted. Motion -- carried carried 5 to 0. (Gale, Knight; absent) RESOLUTION NO. R-97-069 A Resolution authorizing the issuance of bonds by the City of Wichita at large for improvements to basketball and tennis courts in public parks (472-82779), presented. Cather moved that the Resolution be adopted. Motion carried 5 to 0. (Gale, Knight; absent) Yeas: Cather, Cole, Ferris, Kamen, Rogers. ENERGY AUDIT ENERGY AUDIT FOR THE WATER AND SEWER DEPARTMENT. (All Districts) Agenda Report No. 97-238 A major portion of the Water and Sewer Department's operation and maintenance budget is used to pay electrical costs to operate its facilities. The 1998 budget includes over $4.3 million for utility expenses. Staff have been evaluating and comparing the Department's operations and maintenance costs to other similar utilities throughout the county. Those comparisons indicate that Wichita's energy costs are higher than the industry's standards. The Water and Sewer Department has many facilities that consume large amounts of electrical energy, such as the large pumps at the Cheney Pump Station and the Hess Pump Station, and the aeration systems at the Sewage Treatment Plant. In order to determine if those facilities are efficiently utilizing energy, and to see what modifications may be possible in order to reduce energy costs, staff is recommending an Energy Audit of the Water and Sewer Department's facilities. The tasks that the energy audit would perform would include: * Identifying the large energy using equipment at the facilities and developing a model that correlates actual historic energy usage to the current energy demand. * Analyzing utility billings for unusual site consumption and/or appropriate billing structures. * Advising the Department on the best approach to installing power monitoring equipment. * Determining energy efficiencies and equipment conditions by inspecting and testing primary equipment with a power draw in excess of 20 HP, and establishing partial load efficiency curves for these devices. * Identifying energy conservation methods and establishing the probable ranges of expected improvements in energy efficiency and estimating the ranges of costs to achieve better efficiencies. * Developing prioritized recommendations to reduce energy costs. The estimated cost of an energy audit is $50,000. This is 1.1 percent of the Department's annual energy costs. Funds for this audit are available from CIP Project #W-115, Water Treatment Plant Improvements--Phase IIB, which has a remaining budget of $679,496. This will fund only the audit, and not any improvements recommended by the audit. Those improvements will be brought back to the City Council for appropriate approvals. The City Council must approve projects over $10,000. It is recommended that the City Council 1) Approve the project, 2) Authorize the Staff Screening and Selection Committee to solicit responses to an RFP for professional engineering services to perform an energy audit of the Water and Sewer Department facilities, and 3) Negotiate a contract for such services with the selected firm. Motion -- Cather moved that the Project be approved and the Staff Screening and Selection committee be authorized to solicit proposals and negotiate a contract for such -- carried services. Motion carried 5 to 0. (Gale, Knight; absent) EQUUS BEDS EQUUS BEDS' RECHARGE DEMONSTRATION PROJECT - CHANGE ORDER NO. 1. (All Districts) Agenda Report No. 97-239 On December 31, 1996, the City entered into a contract with Utility Contractors, Inc. to do construction work for the Equus Beds' Recharge Demonstration Project. This project includes the installation of facilities to withdraw surface water and "bank storage" water from the Little Arkansas River and recharge pits and facilities to demonstrate if that water can be used to recharge the Equus Beds. The original contract amount for this project was $2,267,700. Recharge pits are being built at two existing well sites, M-4 and M-36. The original design of the recharge pits at M-36 attempted to avoid conflict with the existing raw water line that is used to transport water from the existing well. However, a more extensive evaluation on the location of that line has discovered that it lies within one of the planned recharge pits. In order to construct that pit, the water line will have to be relocated. There are two alternative to this problem: 1) Approve a Change Order with Dondlinger Construction to relocate the raw water line. This would allow the construction of the recharge pit. 2) Do not construct the recharge pit. This would significantly reduce the information gathered from the Demonstration Project, and is not recommended. Approval of Change Order No. 1 will increase the total contract price by $15,603, and will result in a total revised contract price of $2,283,303. Funding for this project is included in CIP #W-403, which has a total available funding of $3,302,000 in 1996 and 1997. This Change Order is 0.7% of the original contract amount. City Council approval is required for Change Orders of over $10,000. The Change Order has been approved as to form by the Law Department. It is recommended that the City Council 1) Approve Change Order No. 1 with Utility Contractors, Inc. for an increase in the contract amount of $15,603 and 2) Authorize the Mayor to sign. Motion -- Cather moved that the Change Order No. 1 be approved and the Mayor be authorized -- carried to sign. Motion carried 5 to 0. (Gale, Knight; absent) SANITARY SEWER EMERGENCY SANITARY SEWER REPAIR. (District II) Agenda Report No. 97-240 On Thursday, March 6, 1997, Padgett Excavation was replacing the sewer service lateral at 440-442 S. Dellrose, one block northwest of Kellogg and Oliver. When they excavated to connect to the City sewer main, the crew found the City's main to be "rotten." The City's main is located in a backyard easement north of Arbor, between Oliver and Dellrose. A duplex, 4714- 4716 E. Arbor, is located on the east side of this easement. Sewer Maintenance does not have the equipment, a track backhoe and shoring box, necessary to make this repair, especially since it is 16' deep. The repair needed to be done to avoid leaving a deep trench open in a residential area, to avoid a sewer stoppage and to avoid stormwater running into the City's sewer if it rained. Due to the emergency nature of the needed repairs, proposals were requested from Dondlinger & Sons Construction Co. Inc., Wildcat Construction Co., and W.B. Carter Construction Co. Padgett Excavation also asked to submit a proposal. Dondlinger and Wildcat could not perform the work because of other work already scheduled. Padgett gave the City an estimated price of $3,300. However, staff had concerns about Padgett doing this job because: * They do not have a track backhoe. Staff felt that this larger machine was necessary to make this large excavation, be able to lift a shoring box into the hole, and especially to make additional repairs if more of this line was found to be rotten. * They do not have a shoring box. Considering the size and depth of this excavation, staff felt a shoring box (rather than shoring "timbers") was necessary to ensure safety of workers and residents. * While Padgett is well experienced in replacing residential service laterals, they have little or no experience in repairing City sewer mains. If more sewer main was found to be rotten, Padgett likely could have not performed the extra work and a larger sewer contractor would have had to been called in. W.B. Carter's estimate was $11,000 and they were able to begin the job on Monday, March 10. Because of the urgency of the work, on March 7, 1997, the Purchasing Manager and City Manager approved W.B. Carter proceeding with the emergency repairs, beginning Monday, March 10, 1997. As per Wichita Purchasing Policies Chapter 1, item 5 "EMERGENCIES" resulting from sanitary sewer breaks, repair will be requisitioned through the City's Purchasing Department via a Purchase Order. The repair will be funded through Water and Sewer CIP #S-4, Reconstruction of Old Sanitary Sewers. Emergency repairs of sanitary sewers are allowed in accordance with Ordinance No. 35-856 and Section 2.64.020(a) of the City Code. If emergency repairs had not been made, the City could have been liable for a sewer stoppage or injuries from an open, deep excavation. Motion -- Cather moved that the action of the City Manager taken under Ordinance 35-856 for -- carried an emergency sanitary sewer repair be affirmed. Motion carried 5 to 0. (Gale, Knight; absent) AMENDMENT TO CONTRACT AMENDMENT TO ENGINEERING CONTRACT - CONDITION & OPERATION REPORT AND BOND FEASIBILITY STUDY. (All Districts) Agenda Report No. 97-241 On January 11, 1994, the City Council approved a contract with Black & Veatch for professional services. Under the terms of the City's bond covenants, a Condition and Operation Report by an independent engineering firm must be published on a triennial basis. Further, a Bond Feasibility Report is required for the issuance of additional revenue bonds by the Water and Sewer utilities. On February 28, 1995, the City Council approved a Supplemental Agreement to the Contract with Black & Veatch to update engineering and financial data in preparation for the issuance of bonds by the Water and Sewer utilities. It was decided not to issue bonds at that time. The 1994 Condition and Operation Report was completed and accepted by the City Council. The Bond Feasibility Report was completed but revenue bonds were not issued. The contract contains a clause extending the life of the contract, should the bonds not be issued or if additional bonds are issued. It is now time to make a new Condition and Operation Report and issue additional revenue bonds. Because similar financial and operating information must be prepared for both reports, it is economical to have one firm do both reports. Because Black & Veatch has performed these services for the City in the recent past, there are logistic and economic advantages to having them do this work again. The Contract with Black & Veatch was in the amount of $110,000 and the Supplemental Agreement for $58,000. The Amendment provides for limited meetings with the bond working group in Wichita and with bond rating agencies in New York City. Obtaining an improved rating from the bond rating agencies can save money annually in debt service. The Amendment also includes a retainer fee for engineering, financial, rate and management assistance. The total fee is $87,000; $77,000 of that amount is for the Condition and Operation and Bond Feasibility Reports, and $10,000 will be for supplemental services related to engineering, financial, rate and management issues. These services may or may not be used. The fees will be paid from water and sewer revenues, and/or bond proceeds. Motion -- Cather moved that the Amendment to the Engineering Contract, Condition & Operation Report and Bond Feasibility Study with Black & Veatch be approved, and -- carried the Mayor be authorized to sign. Motion carried 5 to 0. (Gale, Knight; absent) SOUTHWESTERN BELL SETTLEMENT OF SOUTHWESTERN BELL TELEPHONE FRANCHISE COMPLIANCE AUDIT. Agenda Report No. 97-242. The City hired a franchise auditing firm to review all of the City's utility franchises. As a result of the audit, the City requested adjustments to some of the franchise fee payments. As a result of the franchise audit, the City and Southwestern Bell have reached agreement that Southwestern Bell Telephone will pay $61,391.00 additional franchise fees for the period 1992 through 1995. This payment is in settlement of disputed claims and is not an admission of liability by Southwestern Bell. By execution of the Release and Covenant Not to Sue, the City agrees that this sum satisfies the matters covered by the franchise compliance audit. Motion -- Cather moved the Release and Covenant Not to Sue be approved and the Mayor be -- carried authorized to sign. Motion carried 5 to 0. (Gale, Knight; absent) KELLOGG AND MAIN SALE OF PROPERTY AT KELLOGG AND MAIN. Agenda Report No. 97-243 The property on the south side of Kellogg was acquired for purposes of right-of-way for the Kellogg improvement project. The City has placed this property on the market for sale for commercial use. An offer has been received for the property at the southeast corner of Kellogg frontage road and main Street. The parcel under consideratin for sale contains approximately 40,000 sq. ft. The proposed use of this property will be for a minimum 4-story (24,000 sq. ft.) quality designed and constructed office building. Among some of the terms of the sale, the owner may utilize the existing building (on site) as a temporary facility while construction is underway. The owner will have two years to complete and occupy the new office building. the City will provide for a Certificate of Release on the property which will indemnify the owner from any pre-existing contamination on the site. The buyer will pay $9.00 sq. ft. for the property in its existing condition. Until the sale is completed, the buyer will likewise pay lease rental for the use of the existing building. Closing costs will be shared in the usual manner. Any relocation of power lines will be at the sole cost of the buyer. Motion -- Cather moved that the property disposition be approved and the Mayor be -- carried authorized to sign the necessary documents. Motion carried 5 to 0. (Gale, Knight; absent) DAMAGE CLAIM PAYMENTS AUTHORIZATION OF DAMAGE CLAIM PAYMENTS. Agenda Report No. 97-244. Staff, with the assistance of a professional claims adjuster, reviewed all damage incurred as a result of the water main break on Dodge Street and have recomended settlement offers. The Staff Risk Management Committee has completed its review and agree with the settlement proposals. The settlement offers were prepared in accordance with the City Council ppolicy adopted in January, 1997. Eleven settlement proposals were offered and accepted. These offers included both damage to personal as well as real property. Settlements range from $370.55 to $4,235.98. The total amount of damages, as a result of the water transmission main break, is $18,286.95, including professional adjuster services of $3,168. Financing of the payments will be through the Water Utility Contingency Fund. Motion -- carried Cather moved that the settlement of claims be approved. Motion carried 5 to 0. (Gale, Knight; absent) ORDINANCE REVISION ORDINANCE REVISION PERTAINING TO ASSET ALLOCATION PLANS FOR WICHITA EMPLOYEES' RETIREMENT SYSTEM AND POLICE & FIRE RETIREMENT SYSTEM. Agenda Report No. 97-245 The Wichita Employees' Retirement System and the Police & Fire Retirement System are in the process of implementing revised asse allocation plans resulting from asset allocation studies completed by Callan Associates, the Systems' financial consultant. the plans include investments in equity index and bond index funds. the equity fund (WER) would mirror the returns of the Standard and Poors 500 Index. The bond funds (WER and P&F) would mirror the returns of the Lehman Brothers Aggregate Bond index. the Retirement Boards have selected managers for the index funds. Index fund managers (Bond and Equity) utilitze cash commodities and futures contracts to insure the investment of all funds. The existing ordinances allows the use of commodities and futures for International ivnestments only. the Boards directed the Law Department to draft the necessary charter Ordinance revision. Index funds are passively managed and as a result have fees lower than active managers while meeting the fund's index benchmark. Approximately 50%-75% management fee savings will be possible. Revision to the Ordinances is required to allow limited use of commodities and futures by the index fund managers. Motion -- Cather moved that the Ordinances be placed on first reading. Motion carried -- carried 5 to 0. (Gale, Knight; absent) ORDINANCE An Ordinance amending Sections 2.28.160, 2.28.360, and 2.28.610 of the Code of the city of Wichita, Kansas, pertaining to rules and regulations, investment authority and restrictions upon investments of funds under the Wichita employees' Retirement Plans, and repealing the originals of said sections, introduced and under the rules laid over. CHARTER ORDINANCE A Charter Ordinance amending Section 1 of Charter Ordinance No. 132 which amended Section 15 of Charter Ordinance No. 131 of the City of Wichita, Kansas, pertaining to investments by the Police and fire Retirement system and repealing the original of said section, introduced and under the rules laid over. PROPERTY ACQUISITION 3901 EAST CLARK FOR THE DRY CREEK DRAINAGE PROJECT. (District III) Agenda Report No. 97-246. The City has, from time to time, acquired properties along the Dry Creek drainage that are located in the floodplain or floodwway or Dry Creek. While not in the current CIP, a project to improve Dry Creek between Elmwood and Mt. Vernon was in the 1994 CIP. The house at 3901 East Clark is located in the floodplain of Dry Creek . The property is owned by Dr. Bruce Kater and is a 2,110 square foot ranch style house with three bedrooms and 2.5 baths on an 18,000 square foot site. The property was appraised for $90,000. This value included a $5,000 deduction for flooding. The property is valued at $98,200 for tax purposes. The property owner has agreed to sell to the City of Wichita for $95,000. Upon acquisition, the house will be evaluated for suitability to be moved and either sold to be moved or demolished. The 1996 Capital Improvement Program includes $470,000 for the Gyp Creek Improvement Project (D-123). It has been determined by staff that this entire amount is not necessary to complete the Gyp Creek project and that there is sufficient excess funds in the project to fund this purchase. The budget of $102,000 includes $95,000 for the acquisition, $5,000 for possible demolition and $2,000 for closing costs and title insurance. Motion -- Cather moved that the transfer of funds, the Budget and the Real Estate Purchase Contracts be approved, and the Mayor be authorized to sign the necessary -- carried Documents. Motion carried 5 to 0. (Gale, Knight; absent) PORTION OF PROPERTY LOCATED AT 1353 NORTH WACO (TRACT #2) FOR THE 13TH AND WACO INTERSECTION IMPROVEMENT PROJECT. (District VI) Agenda Report No. 97-247 The Waco and 13th Street Intersection Improvement Project, approved by Council on January 9, 1996, requires the partial acquisition of three tracts at three of the four corners of the intersection. These tracts include Tract #2 which is owned by Colby Sandlian and is more described on the tract map. The subject tract contains approximately 135 square feet and is improved with a structure currently rented to Payless Shoesource. The taking will not encroach on the improvements. The property owner has agreed to sell the property to the City of Wichita for $675 or $5.00 per square foot. The 1996 Capital Improvement Program includes funds to acquire the necessary right-of-way for the project. The funding source is General Obligation Bonds. The budget of $750 includes $675 for the acquisition and $75 for closing costs, and title insurance. This is the first acquisition for the project. Motion -- Cather moved that the transfer of funds, the Budget and the Real Estate Purchase Contracts be approved, and the Mayor be authorized to sign the necessary -- CARRIED Documents. Motion carried 5 to 0. (Gale, Knight; absent) EASEMENTS FOR NORTHWEST WATER TRANSMISSION, PHASE TWO. Agenda Report No. 97-248 The Northwest Water Transmission Project, approved by Council on July 18, 1995 requires the acquisition of fifty-three easements along the Northeast side of the Missouri Pacific Railroad which runs along Zoo Boulevard from ninth street to Interstate 235. The easements needed are located in the right of way easement granted to the railroad. The adjacent owners have a reversionary right to the right of way if it is ever abandoned. To perfect title, easements are required from the adjacent owners. The owners of seven of these tracts (Tract #6, #8, #13, #20, #22, #28, and #40) have signed and returned the easement forms. The properties are more accurately described in the tract maps and legal descriptions. The owners were offered $100 for each easement as the estimated market value of the reversionary easement is minimal. This is the only railroad line that directly serves the Hutchinson; therefore, the probability of the abandonment of the right of way is minimal. These property owners have agreed to convey the easement to the City of Wichita for the offered amount. The Budget of $750 includes $700 the acquisition, and $50 for filing fees. Four tracts have already been acquired. After the purchase of these easements, 42 will remain to be acquired through either negotiation or eminent domain. The Law department has approved the easements as to form. Motion -- Cather moved that the Budget and Transfer of funds and the Real Estate Purchase Contracts be approved and the Mayor be authorized to sign any -- carried necessary documents. Motion carried 5 to 0. (Gale, Knight; absent) MACARTHUR BEACH PURCHASE OPTION (MACARTHUR BEACH PROPERTIES). (District IV) Agenda Report No. 97-249 On May 22, 1979, the Wichita City Council approved the issuance of $3,100,000 in Industrial Revenue Bonds, Series LXXXXA and LXXXXB, 1979, to finance the construction and equipping of a 144-unit apartment complex, located at 727 West MacArthur, to be leased to an operated by MacArthur Beach properties. Under the provisions of the Lease Agreement for the bond series, MacArthur Beach has the option, if all outstanding bonds have been paid, to purchase the facility from the City of Wichita for the sum of $100. The City has received a check in the sum of $100 and has been notified by the Trustee that all the outstanding bonds secured by the trust estate mature on April 1, 1997, and that funds are on deposit with Boatman's to retire the bond issue. Motion -- Cather moved that the Resolution be adopted and the Special Warranty Deed, Bill of Sale and termination of Lease Agreement be approved and the Mayor be -- carried authorized to sign. Motion carried 5 to 0. (Gale, Knight; absent) RESOLUTION NO. R-97-070 A Resolution authorizing the City of Wichita, Kansas, to convey title to the property acquired, constructed and installed with the proceeds of its Industrial Revenue Bonds, Series LXXXX-A, 1979, and Series LXXXX- B, 1979 (MacArthur Beach Properties) to MacArthur Beach Properties; authorizing execution of a special warranty deed, bill of sale, and termination and release of lease; and authorizing the execution of all such other documents necessary to convey title to such property to MacArthur Beach Properties, presented. Cather moved that the Resolution be adopted. Motion carried 5 to 0. (Gale, Knight; absent) Yeas: Cather, Cole, Ferris, Kamen, Rogers. TRU-CIRCLE CORP. PURCHASE OPTION (TRU-CIRCLE CORPORATION). (District IV) Agenda Report No. 97-250. Under provisions of Industrial Revenue Bonds, Series IV, 1989, Tru-Circle Corporation has the option, if all outstanding bonds have been paid, to purchase thefacility from the City of Wichita for the sum of $100. The City received notice from the Trustee that the bonds have been paid in full and has received a check in the sum of $100 from Tru-circle Corporation. Motion -- Cather moved that the Resolution be adopted, the Special Warranty Deed and Termination of Lease Agreement be approved, and the Mayor be authorized to sign. -- carried Motion carried 5 to 0. (Gale, Knight; absent) RESOLUTION NO. R-97-071 A Resolution authorizing the City of Wichita, Kansas, to convey certain real property to Tru-Circle Corporatioin and prescribing the form of and authorizing the execution and delivery of certain documents in connection therewith, presented. Cather moved that the Resolution be adopted. Motion carried 5 to 0. (Gale, Knight; absent) Yeas: Cather, Cole, Ferris, Kamen, Rogers. GRANT APPLICATION GRANT APPLICATION FOR COMMUNITY SERVICES BLOCK GRANT FUNDS. Agenda Report No. 97-251. The program provides assistance to eligible entities to help ameliorate the causes of poverty in communities. The city of Wichita is the official Community Action Agency for Sedgwick County and has applied and been approved for a grant under the program. The grant period is from April 1, 1997, to March 31, 1998. The amount of the grant request is $806,456. No local funds are requested. Motion -- Cather moved that the Grant Application be approved, and the Mayor be authorized -- carried to sign. Motion carried 5 to 0. (Gale, Knight; absent) ADDENDUM ITEM 45a. BRIDGEPORT DEVELOPER DESIGNATION OF REDEVELOPER FOR THE NORTH 400 FEET OF LOT 1, BLOCK 2, BRIDGEPORT THIRD INDUSTRIAL ADDITION. (District VI) Motion -- carried Rogers moved that this Item be deferred one week. Motion carried 5 to 0. (Gale, Knight; absent) CERTIFICATE OF CANVASS CERTIFICATE OF CANVASS - 1997 PRIMARY ELECTION. (Districts I, III, VI) The following Candidates were duly nominated for the General Election to be conducted April 1, 1997. Council Member, District I: James Barfield George Rogers Council Member District III: Bill Cather Phil Lambke Council Member, District VI: Joan B. Cole Pat Miller Motion -- carried Cather moved that the Certificate be received and filed. Motion carried 5 to 0. (Gale, Knight; absent) ORDINANCES SECOND READING ORDINANCES. (First Reading 3/4/97) ORDINANCE NO. 43-378 IRB - Southcliff An Ordinance of the City of Wichita, Kansas, authorizing the issuance of not to exceed $1,500 000 aggregate principal amount of taxable Industrial Revenue Bonds, Series I, 1997, (Southcliff Shopping Center Associates) for the purpose of providing funds to purchase, acquire, construct, equip and furnish improvements to an existing manufacturing facility; prescribing the form and authorizing execution of a trust indenture by and between the City and Emprise Bank, N.A., Wichita, Kansas, as trustee with respect to the bonds; prescribing the form and authorizing the execution of a lease agreement by and between the City and Southcliff Shopping Center Associates; approving the form of a guaranty agreement; approving the form of individual guaranty agreement; approving the form of an assignment of rents and leases; approving a sublease by and between Southcliff Shopping Center Associates and A.M. Castle & Co., and authorizing the execution of a bond purchase agreement by and between the City, Southcliff Shopping Center Associates and the Emprise Investment Corp. - Wichita, as purchaser of the Series I, 1997, Bonds, read for the second time. Cather moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Gale, Knight; absent) Yeas: Cather, Cole, Ferris, Kamen, Rogers. ORDINANCE NO. 43-379 West Street An Ordinance declaring West Street, from Central Avenue to Zoo Boulevard (472- 82782), to be main trafficways within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements on said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof and the manner of payment of the same, read for the second time. Cather moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Gale, Knight; absent) Yeas: Cather, Cole, Ferris, Kamen, Rogers. ORDINANCE NO. 43-380 Electrical Code An Ordinance amending Sections 19.08.150, 19.12.010, 19.12.050, 19.12.100, 19.12.170, 19.24.020, 19.24.040, 19.24.060, and 19.24.110 of the Code of the city of Wichita, Kansas, and repealing the originals thereof; creating Sections 19.12.190 and 19.12.200; and repealing Section 19.12.180; all pertaining to the electrical code of the City of Wichita, Kansas, read for the second time. Cather moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Gale, Knight; absent) Yeas: Cather, Cole, Ferris, Kamen, Rogers. ORDINANCE NO. 43-381 Mobile Home An Ordinance amending Section 26.04.217 of the Code of the City of Wichita, Kansas, pertaining to manufactured home and mobile home foundation footings and piers, and repealing the original of said section, read for the second time. Cather moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Gale, Knight; absent) Yeas: Cather, Cole, Ferris, Kamen, Rogers. ORDINANCE NO. 43-382 Sewer Rates McConnell An Ordinance amending Section 16.14.040 of the code of the City of Wichita, Kansas, relating to the schedule of sanitary sewer rates for the government military facilities outside the City; and repealing the original of Section 16.14.040, read for the second time. Cather moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 1. (Gale, Knight; absent) Yeas: Cather, Cole, Ferris, Rogers. Nays: Kamen. ORDINANCE NO. 43-383 Water Rates McConnell An Ordinance amending Section 17.12.090 of the code of the City of Wichita, Kansas, pertaining to schedule of rates and charges for water service to government military facilities outside the City; and repealing the original of Section 17.12.090, read for the second time. Cather moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 1. (Gale, Knight; absent) Yeas: Cather, Cole, Ferris, Rogers. Nays: Kamen. ORDINANCE NO. 43-384 Northwest Water Trans. An Ordinance providing for the acquisition by eminent domain of certain private property, easements, and right-of-way therein, for the purpose of constructing, maintaining, and repairing water distribution system and all other public utilities and to be known as the Northwest Water Transmission Project in the City of Wichita, Sedgwick County, Kansas; designating the lands required for such purposes and directing the City Attorney to file a petition in the District Court of Sedgwick County, Kansas, for acquisition of the lands, easements, and access control, therein taken and providing for payment of the cost thereof, read for the second time. Cather moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Gale, Knight; absent) Yeas: Cather, Cole, Ferris, Kamen, Rogers. ORDINANCE NO. 43-385 Street Name Change An Ordinance changing the street name of Limuel Circle as platted adjacent to Lots 48 through 61, Block 4, Rainbow Lakes West third Addition, Sedgwick County, Kansas, to Forestview Court, read for the second time. Cather moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Gale, Knight; absent) Yeas: Cather, Cole, Ferris, Kamen, Rogers. ORDINANCE NO. 43-386 Unified Zoning Code An Ordinance amending Section 28.04.010 of the code of the City of Wichita and adopting by reference the "Wichita-Sedgwick County Unified Zoning Code, February 13, 1997, Edition," prepared by the Wichita-Sedgwick County Metropolitan Area Planning Commission; and repealing Ordinance No. 43-014 as codified in Section 28.04.010 which adopted the March 4, 1996, Edition of the Unified Zoning Code; and repealing Ordinance No. 43-372 which adopted amendments to the correctional housing provisions of the March 4, 1996, Edition of the Unified Zoning Code, read for the second time. Cather moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Gale, Knight; absent) Yeas: Cather, Cole, Ferris, Kamen, Rogers. ORDINANCE NO. 43-387 Z-3218 An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, read for the second time. Cather moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Gale, Knight; absent) Yeas: Cather, Cole, Ferris, Kamen, Rogers. Z-3218 PLANNING AGENDA Marvin Krout Director of Planning stated that Items 49 through 51 could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Cather moved that Planning Agenda Items 49 through 51 be approved as consensus -- carried Items. Motion carried 5 to 0. (Gale, Knight; absent) V-2017 V-2017 - PUBLIC HEARING ON REQUEST TO VACATE BUILDING SETBACK AND MAINTENANCE (Item No. 48) ACCESS EASEMENT LOCATED IN AREA NORTH OF LINCOLN AND WEST OF WEBB. (District II) Agenda Report No. 97-252. Staff Recommendation: Approve vacation of building setback and maintenance access easement. MAPC Recommendation: Approve vacation of building setback and maintenance access easement. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Vice Mayor Cather Vice Mayor Cather inquired if anyone wished to be heard and no one appeared. Motion -- Cather moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order be recorded with the Register of Deeds. Motion carried -- carried 5 to 0. (Gale, Knight; absent) S/D 96-21 S/D 96-21 - PLAT OF THE COUNTRY MEADOWS WEST ADDITION LOCATED NORTH OF CENTRAL AND WEST OF 119TH STREET WEST. (District V) Agenda Report No. 97-253. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. (unanimous) Petitions, all 100%, have been submitted for sanitary sewer, municipal water, drainage and paving improvements. A Certificate of Petitions has also been submitted. To provide for off-street parking, for lots adjacent to narrow streets, a covenant has been submitted requiring that four (4) off-street spaces be provided for each such lot. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. Documents Restrictive covenant and Certificate from Interstate Development, Inc., and Prairie Land Builders. 100 Percent petition for construction of Water Distribution System Number 448-89087 (north of Central, west of 119th Street West) $51,600 S.A. (Hold for development) 100 Percent petition for construction of Lateral 374, Southwest Interceptor Sewer (north of Central, west of 119th Street West) Project No. 468-82650 $127,800 S.A. (Hold for development) 100 Percent petition for improving of Bay Country and Bay Country circle from the north line of Central to and including the cul-de-sac; Cindy from the west line of Block 1, to the east line of block 3, and; sidewalk along the east line of Bay Country and Bay Country Circle from the north line of Central to the north line of Lot 11, Block 2, Project No. 472-82777 (north of Central, west of 119th Street West) $240,600 S.A. (Hold for development) Motion -- Cather 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 5 to 0. (Gale, Knight; absent) RESOLUTION NO. R-97-072 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89087 (north of Central, west of 119th Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cather moved that the Resolution be adopted. Motion carried 5 to 0. (Gale, Knight; absent) Yeas: Cather, Cole, Ferris, Kamen, Rogers. RESOLUTION NO. R-97-073 Resolution of findings of advisability and Resolution authorizing construction of Lateral 374, Southwest Interceptor Sewer (north of Central, west of 119th Street West) Project No. 468-82650 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cather moved that the Resolution be adopted. Motion carried 5 to 0. (Gale, Knight; absent) Yeas: Cather, Cole, Ferris, Kamen, Rogers. RESOLUTION NO. R-97-074 Resolution of findings of advisability and Resolution authorizing improving of Bay Country and Bay Country circle from the north line of Central to and including the cul-de-sac; Cindy from the west line of Block 1, to the east line of block 3, and; sidewalk along the east line of Bay Country and Bay Country Circle from the north line of Central to the north line of Lot 11, Block 2, Project No. 472-82777 (north of Central, west of 119th Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cather moved that the Resolution be adopted. Motion carried 5 to 0. (Gale, Knight; absent) Yeas: Cather, Cole, Ferris, Kamen, Rogers. S/D 96-49 S/D 96-49 - PLAT OF THE LARK 4TH ADDITION LOCATED EAST OF 119TH STREET WEST AND SOUTH OF KELLOGG. (District V) Agenda Report No. 97-254. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. (unanimous) Petitions, all 100%, have been submitted for sanitary sewer, municipal water, drainage and paving improvements. A Certificate of Petitions has also been submitted. In order to provide for the ownership and maintenance of Reserves, the applicant has submitted a restrictive covenant. To provide for off-street parking, for lots adjacent to narrow streets, a covenant has been submitted requiring that four (4) off-street spaces be provided for each such lot. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. Documents Restrictive Covenants and Certificate of Petition from KicK'N Development Corporation. 100 Percent petition for construction of Water distribution System Number 448-89126 (east of 119th Street East, south of Kellogg) $27,000 S.A. (hold for development) 100 Percent petition for construction of Lateral 15, Main 13, Southwest Interceptor Sewer (east of 119th Street East, south of Kellogg) Project No. 468-82680 $104,000 S.A. (Hold for development) 100 Percent petition for improving of Dora from 119th Street West to the east line of Lark Fourth Addition; Millstead from Dora to the south line of Carr Circle; Dora Court from the north line of Dora to and including the cul-de-sac, and; sidewalk along both sides of Dora from 119th Street west to the east line of Lark Fourth Addition and along the west side of Millstead from Dora to the south line of Carr Circle, Project No. 472-82801 (east of 119th Street east, south of Kellogg) $353,000 S.A. (Hold for development) Motion -- Cather 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 5 to 0. (Gale, Knight; absent) RESOLUTION NO. R-97-075 Resolution of findings of advisability and Resolution authorizing construction of Water distribution System Number 448-89126 (east of 119th Street East, south of Kellogg) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cather moved that the Resolution be adopted. Motion carried 5 to 0. (Gale, Knight; absent) Yeas: Cather, Cole, Ferris, Kamen, Rogers. RESOLUTION NO. R-97-076 Resolution of findings of advisability and Resolution authorizing construction of Lateral 15, Main 13, Southwest Interceptor Sewer (east of 119th Street East, south of Kellogg) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cather moved that the Resolution be adopted. Motion carried 5 to 0. (Gale, Knight; absent) Yeas: Cather, Cole, Ferris, Kamen, Rogers. RESOLUTION NO. R-97-077 Resolution of findings of advisability and Resolution authorizing improving of Dora from 119th Street West to the east line of Lark Fourth Addition; Millstead from Dora to the south line of Carr Circle; Dora Court from the north line of Dora to and including the cul-de-sac, and; sidewalk along both sides of Dora from 119th Street west to the east line of Lark Fourth Addition and along the west side of Millstead from Dora to the south line of Carr Circle, Project No. 472-82801 (east of 119th Street east, south of Kellogg) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cather moved that the Resolution be adopted. Motion carried 5 to 0. (Gale, Knight; absent) Yeas: Cather, Cole, Ferris, Kamen, Rogers. Z-3216 Z-3216 - REQUEST FOR ZONE CHANGE FROM "SF-6" SINGLE FAMILY RESIDENTIAL TO "OW" OFFICE WAREHOUSE, NORTH OF CENTRAL ON THE WEST SIDE OF GOW. (District VI) Agenda Report No. 97-255. Staff Recommendation: Approve, subject to applicant granting an additional 5 feet of utility easement along the west property line and limiting access to only one opening along Gow, by separate instruments, prior to the publication of the zoning ordinance. CPO Recommendation: Approve. MAPC Recommendation: Approve, subject to applicant granting an additional 5 feet of utility easement along the west property line and limiting access to only one opening along Gow, by separate instruments, prior to the publication of the zoning ordinance. Motion -- Cather 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 subject to the applicant granting an additional 5 feet of utility easement along the west property line and limiting access to only one opening along Gow, by separate instruments, prior to the publication of the zoning ordinance; and the Ordinance be placed on first reading with publication being withheld until such time as the Plat has been recorded with the Register of -- carried Deeds. Motion carried 5 to 0. (Gale, Knight; absent) ORDINANCE An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, introduced and under the rules laid over. Z-3216 EXECUTIVE SESSION Motion -- Cather moved that the Council recess to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to pending litigation and legal advice; matters relating to employer-employee negotiations; confidential data relating to financial affairs or trade secrets of a business; and preliminary discussions relating to the acquisition of real property for public purposes; and the regular meeting be resumed no sooner than 12:55 p.m. in the City Council Chambers. Motion carried -- carried 5 to 0. (Gale, Knight; absent) RECESS Council recessed at 11:44 a.m. and reconvened in regular session at 1:05 p.m. Vice Mayor Cather Vice Mayor Cather announced that no action was necessary as a result of the executive session. ADJOURNMENT The City Council meeting adjourned at 1:05 p.m. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 163 MARCH 18, 1997 Page 1