MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, November 25, 1997 Tuesday, 9:07 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Lambke, Cole, Gale, Kamen; present. *Council Members Ferris, Rogers; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Rev. David McCann, Westwood Presbyterian Church. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. Minutes -- The minutes of the regular meeting of November 18, 1997, were -- approved approved 5 to 0. (Ferris, Rogers; absent) *Council Member Ferris present. AWARDS AND PRESENTATIONS PROCLAMATIONS Mayor Knight presented the Proclamations that were previously approved. OFF AGENDA ITEM PROJECT FREEDOM. Motion -- Knight moved that the rules be set aside and an Item be taken up off the Agenda. -- carried Motion carried 6 to 0. (Rogers absent) Motion -- Knight moved that Vice Mayor Cole continue to serve as the City's representation -- carried on the Project Freedom Board. Motion carried 6 to 0. (Rogers absent) UNFINISHED BUSINESS (The following Item was considered later in the meeting; action is shown below.) (Council Member Rogers present) HUD CONSOLIDATED PLAN FUNDING RESERVATIONS - HUD CONSOLIDATED PLAN. Council Member Cole Council Member Cole reviewed the Item. Agenda Report No. 97-978 A. In 1995, the Department of Housing and Urban Development (HUD) issued new regulations regarding the planning and application process for three grant programs. Beginning in the 1995 program year, HUD required local governments to submit Consolidated Plans and combined applications for the Community Development Block Grant (CDBG); Emergency Shelter Grant (ESG); and Home Investment Partnership Grant (HOME) programs. As part of the requirements, local units of government also were required to develop Five Year Strategic Plans (1995-1999) with priority needs established. In addition, One-Year Action Plans, outlining specific activities and grant funding sources for the fiscal year, were also part of the HUD requirements. The City has complied with these requirements each year and it is now time to develop the annual plan submittal required for 1998-99. The City Council directed that Vice Mayor Cole and Council Member Rogers work with Staff in developing the necessary funding reservations and grant designations for the 1998-99 program and return on November 25, 1997, with recommendations. Preparation for the 1998-99 program year was scheduled to be discussed in Workshop setting on November 4, 1998. Although the Workshop was not held, information packets were distributed to the City Council for future consideration of: (1) establishing priorities for grant funding; (2) designating a Grants Review Committee to review applications for funding; and (3) designating and reserving special funding and allocations. Establishing Priorities - Generally, most of the funding allocated by the City Council has followed the priorities established with the development of the Five Year Strategic Plan. It is anticipated that the City Council will continue these funding priorities, or designate special projects for the 1998-99 program. If the Council changes the Priority Needs in the Strategic Plan, a public hearing will be required. Grants Review Committee - Currently thirteen (13) persons representing various agencies and organizations comprise the Grants Review Committee. The Council has discussed reducing CPO representation and adding representatives from business, and other segments of the community for more balance. It was decided by the Council that no representatives shall serve on the Committee that represent providers of service funded from City grant sources, or have any other conflict of interest. The Council will need to determine Committee composition for the 1998-99 program year. A change in the composition of the Grants Review Committee will require a thirty-day public comment period. Council Members Cole and Rogers recommended that the Committee continue to number thirteen members, but with the following changes: CPO Councils 4 representatives Human Services Board 1 representative Neighborhood Associations 2 representatives Wichita State University 1 representative School District 1 representative Sedgwick County 1 representative United Way 1 representative Business (large/small) 2 representatives Funding Reservations and Designated Funding - For the past few years, the City Council has revised its procedure to ensure special programs (priorities) would be addressed on an outcome basis. Through a Request for Proposal (RFP) process, those programs felt to be high priority (and traditionally funded from grant sources) were developed based on a required "scope of services" where performance could be monitored and evaluated. In the past, such programs included: Home Repair (Housing), Youth Employment, Women/Family Shelters, and Youth Recreation/Enrichment Programs (Public Services). The City Council will have to determine if these programs are to be continued in the 1998-99 allocations. In addition to the (above) designated programs, the following allocations are suggested: 1. Streets/Sidewalks (Neighborhood Improvement Program and Handicap Improvements) 2. Weatherization Assistance 3. Neighborhood Improvement Services & Grants/Loan Program 4. CPO & Neighborhood Assistance Office 5. Colvin/Planeview/Northeast Health Services 6. Neighborhood Services ( Recreational Centers/Services) 7. Historic Preservation/Mandated Activities 8. Consolidated Program Grant Administration (Direct &Indirect) The City Council needs to determine if these programs - traditionally funded - should be designated and funding reserved and if there are other special programs desired by the City Council. Each year, the City Council has discussed the allocation for the Public Service Category under the CDBG program. The City has funded approximately 29% of its CDBG funds for Public Services, representing about twice as much as other communities surveyed for these purposes. HUD currently limits the amount to 15%, except where cities exceeded this amount prior to the restrictions. With the decline in CDBG funding, the City Council may wish to consider a funding reservation for Public Services which proportionately reduces this Category. Policy Issues/Questions considered by Vice Mayor Cole and Council Member Rogers: 1. Does the City Council wish to re-establish priorities for 1998-99? 2. Does the City Council wish to revise the composition of the Grants Review Committee? 3. Does the City Council wish to reserve more of its CDBG funding for special priority programs/services and capital projects? 4. Should more programs be solicited from the RFP process to encourage collaborative and cooperative efforts among service providers and lower costs of administration. 5. Does the City Council wish to designate those City provided services/programs traditionally funded from CDBG and HOME funds? 6. Should the percentage for Public Services be reduced proportionately to the declining CDBG funding? 7. Does the City Council wish to target more of its funds for neighborhood stabilization efforts? It is anticipated that the CDBG program will be further reduced this year as Congress revises its budget. At this time, however, we are estimating approximately $5.5 million in Consolidated Grant funding will be available for allocation in the 1998-99 program year. This total is comprised of approximately $3.8 million in CDBG; $1.6 million in HOME; and $108,000 for Emergency Shelter Grants. Each grant program is restricted to certain federal allocation limits which cannot be exceeded. These are listed for each Grant as follows: CDBG $1,135,000 Public Services 20% Planning and Administration HOME 15% Neighborhood-Based Non Profits (Minimum required allocation for CHDO's) ESG 30% Essential Services, 30% Homeless Prevention, 5% Administration Allocation of Consolidated Grant funds is also subject to individual federal eligibility rules regarding specific activities/programs and national objectives of primarily benefiting low income persons, or addressing conditions of slums or blight. The process by which grant funds are authorized by the City Council is a matter of local determination. That is, the City Council is not obligated to solicit funding applications unless it desires to do so. The City Council may also reserve grant funds for priority needs and programs. Recommendations from Council Members Cole and Rogers: 1. Retain priorities, as previously established. 2. Grants Review Committee Revise the Committee to include representation from large and small business Increase membership (by one) from Neighborhood Associations Reduce representation from CPO Councils Retain membership of thirteen persons 3. Designation of funds for priorities Community Development Funds (CDBG) = $3,797,000 designated, $46,000 undesignated Streets/Sidewalks/Handicap Improvements $433,000 Historic Preservation Revolving Loans 100,000 Weatherization Assistance 91,400 Neighborhood Improvement Services (loans/grants) 590,600 CPO/Neighborhood Assistance 252,741 Colvin/Planeview/Northeast Health Services 79,301 Neighborhood Services (Recreation Centers/Services) 503,419 Consolidated Program Grant Administration/Planning 337,459 Neighborhood Stabilization/Revitalization 700,000 Neighborhood/Community Facilities 225,000 Special Program Funding (Via RFP's) Women/Family Shelters $225,000 Youth Enrichment/Recreation (Alliance) 84,000 Summer Youth Employment 175,000 4. Home Housing Programs = $1,360,000 Designated = 250,000 Undesignated (CHDO) 5. Emergency Shelter Programs = $ 5,100 Designated 103,375 Undesignated Council Member Kamen Council Member Kamen spoke in favor of having representation by each of the CPO Districts. Council Member Lambke Council Member Lambke agreed that there should be representation by each of the CPO Districts. Council Member Rogers Council Member Rogers explained that the effort has been to involve more citizens in the use of CDBG funds through neighborhood organizations. The number of CPO groups represented is not of significance. Mayor Knight Mayor Knight said the recent WSU survey showed that the greater number of citizens do not recognize the existence of CPOs. Council Member Ferris momentarily absent. Motion -- Knight moved that the recommended composition of the Grants Review Committee be -- carried approved. Motion carried 5 to 2. Kamen, Lambke - No. Council Member Rogers Council Member Rogers said the whole strategy has been to move toward neighborhood stabilization and involvement. There is a need to focus funds more directly to address identifiable and able to be evaluated specific needs. Council Member Kamen Council Member Kamen spoke in favor of designation of $46,000 to the MTA. A plan can be returned for use of the funds for MTA riders. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Council Member Ferris left the Bench. Elizabeth Bishop Elizabeth Bishop, Wichita Independent Neighborhoods, said the emphasis on citizen involvement is appropriate. In terms of the recommended designated program, it is believed the neighborhoods would like to see evaluation on how HUD funding is utilized, particularly with regard to the Neighborhood program. Motion -- Cole moved that funding reservations be approved as proposed with the addition of -- carried $46,000 designated for ridership on MTA. Motion carried 6 to 0. (Ferris absent) NEW BUSINESS (Council Member Ferris present; Council Member Rogers absent) EMPORIA & 11TH STREET REPORT FROM THE TRAFFIC COMMISSION PERTAINING TO THE INTERSECTION OF NORTH EMPORIA AND 11TH STREET. (District VI) Council Member Cole Council Member Cole said she had received a letter that indicated the review at the Traffic commission might have been flawed. Motion -- Cole moved that this Item be deferred two weeks; that Legal Staff investigate the -- carried matter and return findings to the Council in two weeks. Motion carried 6 to 0. (Rogers absent) TITLE 26 AMENDMENTS ORDINANCE AMENDMENTS TO TITLE 26 OF THE CITY CODE PERTAINING TO MANUFACTURED (MOBILE) HOME AND MANUFACTURED (MOBILE) HOME PARK REGULATIONS. Kurt Schroeder Superintendent of Central Inspection reviewed the Item. Agenda Report No. 97-1020. The City originally adopted regulations for mobile homes and mobile home parks in 1964, prior to implementation of minimum national (HUD) and state safety standards for design, construction and installation of these homes, and before any specific local zoning standards were implemented for mobile home parks located in the City of Wichita. Several amendments have been made to local regulations since that time, primarily in response to local zoning code changes; however, no full-scale review of the entire ordinance in has been completed. Over the past year, staff has reviewed the entire ordinance with input from various Departments (OCI, Planning, Fire, Health, Law, and Public Works Engineering), citizen comments made at various neighborhood association and/or CPO meetings, a technical review committee representing the Sedgwick County Manufactured Housing Association (SCMHA), and Sedgwick County code enforcement personnel (for purposes of consistency between the City and County). During the past month, presentations on proposed amendments to the ordinance were made to those CPOs in which most of the City's Manufactured (Mobile) Home Parks and Homes are located (3, 4, and 6). CPOs 4 and 6 generally supported the proposed amendments. Although CPO 3 generally supported the proposed amendments, there were several comments made regarding standards for street widths and setbacks within manufactured (mobile) home parks; however, staff feels these matters are have now been addressed in proposed changes to Title 26. General amendments include new definitions and revisions to existing definitions to conform to Unified Zoning Code (UZC) and federal and state definitions; addition or revision to certain technical installation standards now permitted by federal and state laws; and the addition of the term "manufactured home" and "manufactured home park" throughout the ordinance. The most significant changes include the following, most of which were outlined to City Council earlier this year in OCI's work plan, as well as in Council newsletter articles earlier this year. _ Adding a definition for "operator" to better define who is responsible for park problems, and to provide a more effective enforcement tool for enforcement issues. _ Adding a prohibition on new installation or relocation of "mobile homes" (which are defined as pre-1976 non-HUD certified units). The County added this prohibition several years ago. This will eliminate the moving of such old units into the City or from park to park within the City. Pre-1976 homes which exist today and are not moved will continue to be "grand-fathered" until moved. The general appearance of these older mobile homes has been a source of complaints from CPOs and several neighborhood associations around the City. Most of these older mobile homes are currently located within smaller "non-conforming" or "non-standard" parks (5-20 lots). Most of the larger, conforming parks around the City already have policies which prohibit these older homes from being moved into their parks (in fact, the SCMHA indicates that some of the larger conforming parks don't, by policy, allow anything older that 1985 models). _ Adding a licensure/testing requirement for manufactured home installers. The County has had such a licensing program for several years, and any installer licensed by the County would be accepted for licensure by the City without re- testing. Both the SCMHA and local installers feel that this is a good idea, and will go a long way to help assure that all manufactured homes are properly and safely installed. _ Adding a requirement that permits must be obtained for manufactured home installations, by either a licensed installer or the owner of the manufactured home. _ Adding a list of standards and exceptions for accessory structures constructed within manufactured home parks. This has been a confusing and problematic area for park operators and enforcement departments for several years, especially as the number of carport, storage shed, and deck installations within manufactured home parks has continued to increase. _ Amending the manufactured home park screening requirements to conform to the standards established by the UZC. _ Amending the manufactured home park landscaping requirements to conform to the standards established by the Landscaping Ordinance. _ Adding language to place more responsibility on park owners or operators for premise condition maintenance, garbage and refuse removal/control, and other exterior health code items. _ Removing the City requirement for over-the-roof straps on every manufactured home, provided the owner or installer can show that the home is a HUD-certified home designed to meet wind loads in this area, and is installed per approved engineering design standards for that HUD-certified home. _ Allowing substitute footing and pier foundation materials as tested and allowed by Kansas State Law governing manufactured housing. There are no increased costs to the City. However, newly-licensed manufactured home installers will pay an annual licensing fee of $50, and an installation permit and fee will now be required. This installation permit fee will be in the range of $40 - $50 and designed to off-set the costs of required inspection activity. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- carried Cole moved that the Ordinance be placed on first reading. Motion carried 6 to 0. (Rogers absent) ORDINANCE An Ordinance amending Sections 26.04.010, 2.26.020, 2.26.050, 2.26.070, 2.26.080, 2.26.100, 2.26.110, 2.26.119, 2.26.120, 2.26.160, 2.26.210, 2.26.215, 2.26.216, and 2.26.217 of the Code of the City of Wichita, pertaining to manufactured and mobile homes and manufactured and mobile home park community regulations, and repealing the originals of said sections; adding Sections 2.26.025, 2.26.041, 2.26.042, and 2.26.043 pertaining to prohibition against installation or relocation of mobile homes within the City, manufactured home installation permits and manufactured home installation contractor licensing; and repealing Section 2.26.090 pertaining to Board of Zoning Appeals variances to allow placement in any zoning district, introduced and under the rules laid over. CITY COUNCIL AGENDA NOMINATING COMMISSION APPOINTMENTS TO JUDICIAL NOMINATING COMMISSION. Chris Cherches City Manager reviewed the Item. Agenda Report No. 97-1021. The term of office for the Neighborhood Municipal Court Judge expires on December 31, 1997. It is necessary to convene the Municipal Judge Nominating Commission for the purpose of filling the position. Charter Ordinance No. 142 provides for a five member Municipal Judge Nominating Commission. Three lawyers to the Municipal Judge Nominating Commission are to be nominated by the governing body of the Wichita Bar Association, and appointed by the City Council. In the event, the Wichita Bar Association does not nominate three attorneys, the City Council is to appoint three attorneys. The two non- lawyers are to be appointed by the City Council. All members of the Municipal Judge Nominating Commission are to be qualified electors of the City of Wichita. The are no financial considerations. The appointment of the Municipal Judge Nominating Commission is consistent with the ordinances of the City. Council Member Ferris left the Bench. Motion -- Knight appointed Nile Dillmore and Gene Anderson and moved that the appointments -- carried be approved. Motion carried 5 to 0. (Ferris, Rogers; absent) Council Member Ferris present. Motion -- Ferris appointed Tom Powell, Bill Cather, and Frank Ojile and moved that the -- carried appointments be approved. Motion carried 6 to 0. (Rogers absent) APPOINTMENTS BOARD APPOINTMENTS (FOR TERMS EXPIRING JUNE 30, 1999) Board of Appeals of Air Conditioning, Refrigeration, Warm Air Heating and Boilers (2 appointments - Mobile Home Mechanic and Architect) Board of Code Standards and Appeals (2 appointments - City Manager - 1 Citizen at large, 1 Architect) Board of Electrical Appeals (1 appointment - Public at large) Civil Rights and Services Board (1 appointment - Lambke) Commission on the Status of People with Disabilities (2 appointments - Gale, Knight) Group Life Insurance Board (2 appointments) Library Board (2 appointments - Lambke, Cole) Police and Fire Retirement Board of Trustees (1 appointment - Lambke) Wichita Athletic Commission (3 appointments) Wichita Commission on the Status of Women (Kamen, Knight, Lambke) Wichita-Sedgwick County Board of Health (1 appointment - Veterinarian) Motion -- Lambke appointed Jack Wilhite (Library) and Janet Mullen (Employee Retirement) -- carried and moved that the appointments be approved. Motion carried 6 to 0. (Rogers absent) *Council Member Rogers present. Motion -- Knight appointed Doni Campbell (Women) and moved that the appointment be -- carried approved. Motion carried 7 to 0. Council Member Kamen Council Member Kamen requested recommendations for appointment to the Athletic Commission. Mayor Knight Mayor Knight requested recommendations for all vacancies. (Later in the meeting the Council returned to this Item and made additional appointments. Action is shown below.) (Council Member Ferris absent) Motion -- Knight appointed Mike Corn (Electrical) and moved that the appointment be -- carried approved. Motion carried 6 to 0. (Ferris absent) Council Member Ferris present. Motion -- Lambke appointed Curtis Tatum (Citizen Rights and Services) and moved that the -- carried appointment be approved. Motion carried 7 to 0. NOTICE OF VACANCY - SISTER CITIES ADVISORY BOARD One vacancy (Knight), due to the resignation of Jeanine Hathaway, for a term expiring June 30, 1999. Appointment will be made December 9, 1997. PROCLAMATIONS PROCLAMATIONS. -- Read Me a Story Day -- Warm Hearts Week Motion -- carried Knight moved that the proclamations be authorized. Motion carried 7 to 0. CONSENT AGENDA (Council Member Rogers absent) Knight moved that the Consent Agenda be approved in accordance with the recommended action shown thereon. Motion carried 6 to 0. (Rogers absent) BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED NOVEMBER 24, 1997. At 10:00 a.m., Friday, November 21, 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 November 24, 1997) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Storm Water Sewer No. 486 and Detention Pond to serve Maple Dunes Addition (north of Maple, west of 135th West). (468-82717/751016/485137) Does not affect existing traffic. (Council approval date 7-1-97) (District V) Utility Contractors - $234,515.00 Kellogg/West Landscaping, Planting, Irrigation and Paving (Kellogg and West Street). (/701227/) Does not affect existing traffic. (Council approval date 2-13-94, District IV) Utility Contractors - $824,305.78* *Awarded at bid amount which is within the Amended Preliminary Estimate and Project Budget which is with the concurrence of the Law Department and subject to KDOT approval Storm Water Sewer #489 to serve Wilson Farms Addition (south of 21st Street North, east of Rock Rd). (468-82742/751073/485142) Does not affect existing traffic. (approval date 7-1-97) (District II) Utility Contractors - $181,734.00 (Engineer's Estimate) Water Distribution System to serve Greenwich Business Park (north of 21st Street North, west of Greenwich Road). (448-89133/733980/470476) Traffic to be maintained during construction. (Council approval date 6-10-97) (District II) WB Carter - $18,946.00* *Redirected award from WBW Contractors (Bid incorrectly recorded) Knight moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign for the City. Motion carried 6 to 0. (Rogers absent) VARIOUS DEPARTMENTS/VARIOUS DIVISIONS: Cab & Chassis with Various Bodies (Various) Don Hattan Chevrolet Group I - Cost per Vehicle - $23,188.00 Group II - Item 1 - Cost per Vehicle - $21,560.00 Item 2 - Cost per Vehicle - $23,284.00 Group III - Cost Per Vehicle - $29,171.00 - Option #1 - per Vehicle - $ 70.00 - Option #2 - per Vehicle - $ 183.00 Group IV - Cost per Vehicle - $23,222.00 Group V - Cost per Vehicle - $26,356.00 Rusty Eck Ford Group VI - Item 1, Cost per Vehicle - $55,998.00 - Item 2, Cost per Vehicle - $52,303.00 Copeland International Trucks, Inc. Group VII - Cost per Vehicle - $44,095.00 Don Hattan Chevrolet Group IX - Cost per Vehicle - $23,230.00 Copeland International Trucks, Inc. Group X - Cost per Vehicle - $76,725.00 WATER & SEWER DEPARTMENT/SEWAGE TREATMENT: 75 HP Vertical Mount Motor (632166) 96 Agri Sales Inc. - $16,035.00 WATER & SEWER DEPARTMENT/WATER DISTRIBUTION: Miscellaneous Waterworks Supplies (181222) Group I Water Products, Inc. $ 1,423.95* Group II Hajoca Corp. $10,196.00* + Group III Price Brothers Co. $ 940.00* Group IV Wichita Winwater Works $ 2,673.00* ++ Group V Hajoca Corp. $ 302.50* Group VI Southwest Meter & Supply Co. $ 1,708.56* Group VII Southwest Meter & Supply Co. $ 566.40* Group VIII Water Products, Inc. $ 205.38* Group IX US Filter $ 778.00* *Plus applicable sales tax + 2%-10 billing terms ++2%-30 billing terms Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid, and the necessary signatures be authorized. Motion carried 6 to 0. (Rogers absent) LICENSE APPLICATIONS APPLICATION FOR LICENSE FOR ADULT ENTERTAINMENT/ESCORT SERVICE. Renewal Donna Moody Wichita Inn Motel System Inc. 2020 South Broadway Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 6 to 0. (Rogers absent) APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1997 (Consumption on Premises) Carmen Lopez Mexico Cafe Inc. dba Connie's Mexico Cafe* 2227 North Broadway Stan Shaver Pawnee Prairie Golf* 1931 South Tyler Road (Consumption off Premises) Mark A. Boswell Midway Oil #6 1535 East Pawnee *General/Restaurant -- 50% or more of gross receipts derived from sale of food. Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 6 to 0. (Rogers absent) PLANS AND SPECS. PLANS AND SPECIFICATIONS. a. 1997 Contract Maintenance Base Stabilization/Repairs and Overlay of Asphalt Streets in the Callahan Addition (south of Maple, west of Tyler). (132316/112- 000) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 3-4-97) (District V) b. 1997 KLINK Pavement Resurfacing and Repairs on US-54 (Kellogg) (from the west side of Armour Street to the Kansas Turnpike Overpass (I-35)). (132373/112- 000) Does not affect existing traffic. (Council approval date 3-4-97) (District II) c. 1997 Arterial Asphalt Rehabilitation of LearJet Way from Mid Continent to West End, Hydraulic from Bridge Deck near 38th Street North to City Limits (near K-254), 45th Street North from Rock Road to 1/2 Mile East (#706614) and Rehabilitation of Parking Lot at Main Health Department (#791608). (472- 82857/706614/405-215) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 8-26-97) (Districts I, II, V, and VI) d. 1997 Sanitary Sewer Rehabilitation Program (west of Ridge, north of Central). (468-82787/621862/533-297) Does not affect existing traffic. (Council approval date 1-7-97) (Districts I, III and V) e. 1997 Sanitary Sewer Reconstruction Program (south of Kellogg, west of Hillside). (468-82788/621870/533-298) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 1- 7-97) (Districts I, II, III and V) f. Sewer Response Plan Raise Buried Manholes (1997 - Set 4) (north of Maple, east of Tyler). 468-82789/621896/533-350) Does not affect existing traffic. (Council approval date 1-7-97) (District V) g. Water Distribution System (Mosley from Murdock to 13th Street North). (448-89220/634923/544-147) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 1-14-97) (District VI) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., Decenber 5, 1997. Motion carried 6 to 0. (Rogers absent) SUBDIVISION PLANS AND SPECIFICATIONS. a. Water Distribution System to serve Maple Dunes Addition (north of Maple, east of 135th Street West). (448-89149/734202/470498) Does not affect existing traffic. (Council approval date 7-8-97) (District 5) b. Water Distribution System to serve Bradford North 3rd Addition (south of 29th, west of Tyler). (448-89169/734111/470489) Does not affect existing traffiuc. (Council approval date 7-8-97) (District 5) c. Water Distribution System to serve Bradford North 3rd Addition (south of 29th, west of Tyler). (448-89170/734129/470490) Does not affect existing traffic. (Council approval date 7-8-97) (District 4) d. Water Distribution System to serve part of Wood River 2nd Addition (south of MacArthur, west of K-15 Highway). (448- 89208/734152/470493) Does not affect existing traffic. (Council approval date 10- 7-97) (District n/a) e. Lateral 7, Cowskin Interceptor Sewer to serve Maple Dunes Addition (north of Maple, east of 135th). (468-82715/743302/480421) Does not affect existing traffic. (Council approval date 7-8-97) (District 5) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., December 5, 1997. Motion carried 6 to 0. (Rogers absent) South Broadway Viaduct over the Union Pacific Railroad (south of 31st Street South at Broadway). (472-82828/715474/415061) See Special Provisions. (Council approval date 6-10-97) (District 3) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., December 19, 1997. Motion carried 6 to 0. (Rogers absent) PRELIMINARY ESTIMATES PRELIMINARY ESTIMATE. Vest Pocket Park (south side of Douglas, between Market and Broadway). (472- 82881/791848/435-213). Does not affect existing traffic. (Council approval date 5-20-97) (District VI) - $410,082.21 Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 6 to 0. (Rogers absent) STATEMENT OF COST STATEMENT OF COST. (First Partial) Land Acquisition, 7344 South Hillside - $99,000 (Land Purchase and Related Advertising - $94,258; Interim Financing - $4,742). Financing to be issued at this time - $99,000. (440-089/785584) Motion -- Knight moved that the Statements of Cost be approved and filed. Motion -- carried carried 6 to 0. (Rogers absent) PETITION 100% PETITION (100%) - STORM WATER DRAIN TO SERVE BRADLEY FAIR THIRD ADDITION (EAST OF ROCK ROAD, SOUTH OF 21ST STREET). (District II) Agenda Report No. 97-1022. The signature on the Petition represents 100% of the improvement district. The project will provide drainage improvements needed for Bradley Fair 3rd Addition. The Petition totals $190,000. The funding source is Special Assessments. Motion -- Knight moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 6 to 0. (Rogers absent) RESOLUTION NO. R-97-413 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Drain No. 134 to serve Bradley Fair Third Addition (east of Rock Road, south of 21st Street) (Project Number 468-82786) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. BOARDS MINUTES MINUTES OF ADVISORY BOARDS. CPO Northeast Council 1, 11-10-97 CPO East Council 2, 11-10-97 CPO Northwest Council 5, 11-12-97 CPO North Central Council 6, 11-12-97 Civil Rights & Services (CRS) Board, 10-20-97 Historic Preservation Board, 10-13-97 Commission on the Status of Women, 11-5-97 Board of Electrical Appeals, 10-14-97 CPO Southeast Council 3, 11-13-97 CPO Southwest Council 4, 11-13-97 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 6 to 0. (Rogers absent) STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. There were no closures/uses considered. FINANCIAL REPORT MONTHLY FINANCIAL REPORT FOR THE PERIOD ENDED OCTOBER 31, 1997. Motion -- carried Knight moved that the Report be received and filed. Motion carried 6 to 0. (Rogers absent) EQUUS BEDS CHANGE ORDER EQUUS BEDS RECHARGE DEMONSTRATION PROJECT - CHANGE ORDER NO. 6. (All Districts) Agenda Report No. 97-1023. On December 31, 1996, the City Council approved 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 both surface water and "bank storage" water from the Little Arkansas River, and to 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. The City Council approved the Following Change Orders: on March 18, 1997, Change Order No. 1 increased the contract price by $15,603; on April 22, 1997, Change Order No. 2 reduced the contract price by $39,749; on June 3, 1997, Change Order No. 3 increased the contract price by $17,462; on August 8, 1997, Change Order No. 4 increased the contract price by $8,551; and on September 16, 1997, Change Order No. 5 increased the contract by $42,076. The resultant contract price after these Change Orders was $2,311,644. The design of this project is intended to provide adequate facilities to evaluate the feasibility of the Equus Beds Recharge Project. In order for these facilities to be available for the spring run-off, the design was adequate and provided information for an accurate bid for the project. However, it was anticipated that some alterations would be needed after work began in the field. Change Order No. 6 includes 18 items. * Construction of sludge basins for the small water treatment plant used to treat surface water, with an increased cost of $51,000. This item was included as an add/alternate in the original bid. * Remobilization costs to have the contractor bring his equipment back to the site to construct the sludge basins, which will increase the contract price by $1,150. It was impossible to judge whether to construct the sludge basins until all of the treatment units were installed. * Additional chain link fencing around the power platform unit, which will increase the contract price by $1,781. * Addition of protective guard posts around a water supply well at the river intake site, which will increase the contract price by $1,040. * Addition of a 1-inch flow meter on the water supply well at the river intake site, which will increase the contract price by $1,150. * Additional piezometers installed, which will increase the contract price by $1,647. * Miscellaneous additions totaling $5,162. Staff believes that there are no alternatives to these items if the project is to be successful. Because this is a demonstration project, the City needs to be flexible in modifying the facilities so that the most efficient means of achieving recharge can be explored. Approval of Change Order No. 6 will increase the contract price by $62,930, and will result in a total revised contract price of $2,374,574. Funding for this project is included in the Capital Improvement Project (CIP #W-403), which has a total available funding of $3,302,000 in 1996 and 1997. This Change Order is 2.77% of the original contract amount. Motion -- Knight moved that the change order be approved and the Mayor be authorized to -- carried sign. Motion carried 6 to 0. (Rogers absent) SUPPLEMENTAL AGREEMENTS SUPPLEMENTAL AGREEMENT - GYPSUM CREEK DRAINAGE BASIN IMPROVEMENTS. (District II) Agenda Report No. 97-1024. On February 14, 1995, the City Council entered into an agreement with HNTB Corporation for a design concept study to determine needed improvements in Gypsum Creek Drainage Basin. The fee was $117,860. HNTB has been asked to extend the study boundaries from the original boundary of Mt. Vernon to a new boundary just downstream of Pawnee. Additional services will include using M. J. Harden Associates to perform additional aerial mapping, updating of the Flood Insurance Models downstream to Pawnee, and developing improvement alternatives for Gypsum Creek between Mt. Vernon and Pawnee. Payment to HNTB Corporation for this Supplemental Agreement will be made on a cost plus percentage of cost basis which increases the original not to exceed amount by $11,270 to $129,130. Funds are available in the project budget. The funding source is Storm Water Utility. Motion -- Knight moved that the Supp. Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Rogers absent) SUPPLEMENTAL AGREEMENT - PLANEVIEW MASTER PLAN. (District III) Agenda Report No. 97-1025. On December 5, 1995, the City Council entered into an agreement with George Butler Associates (GBA) to study the existing sanitary sewer system in Planeview and provide solutions and make recommendations to improve the system, and to prepare sanitary sewer construction plans for Stearman Court and Whitney Lane. The fee was $86,942. GBA's original proposal gave the option for construction in street right-of-way for a fee of $86,942, and for construction in rear lots for a fee of $92,535. The Staff Screening & Selection Committee selected construction in street right- of-way. During the design, staff and GBA compared the costs and determined that construction in rear lots was considerably less expensive than construction in street right-of-way. GBA has been asked to prepare construction plans for Stearman Court and Whitney Lane in rear lots. Payment to GBA for this Supplemental Agreement will be made on a lump sum basis of $5,593. Funds are available in the project budget. The funding source is Sewer Utility. Motion -- Knight moved that the Supp. Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Rogers absent) SUPPLEMENTAL AGREEMENT - LEGAL SERVICES - FOULSTON & SIEFKIN. Agenda Report No. 97-1026. The City has retained the law firm of Foulston & Siefkin, L.L.P., to provide services on litigation captioned Aaron, et al v. City of Wichita. The original contract 1993 provided for compensation limited to $100,000, and it has become necessary to spend additional sums to continue the representation of the City in this matter. This supplement will be the third supplement to the original contract. The additional sum covered by the supplement is $25,000.00 and is necessary to continue to defend the City in the litigation. The charges are reasonable in amount for the legal services involved. Payment will be from the General Fund Contingency. Motion -- Knight moved that the Supp. Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Rogers absent) SUPPLEMENTAL AGREEMENT - EQUUS BEDS RECHARGE DEMONSTRATION PROJECT. Agenda Report No. 97-1027. On August 31, 1993, the City Council approved the Integrated Local Water Supply Plan recommended in the Water Supply Plan developed by Burns and McDonnell/Mid- Kansas Engineering Consultants. This plan identified cost effective water resources that would be adequate to meet Wichita's water needs to the year 2050. On February 7, 1995, the City Council approved Phase I- Project 1 of the Equus Beds Recharge Demonstration Project; on November 14, 1995, approved Phase I- Project 2; and on November 19, 1996, approved Phase II and Phase III. The purpose of the Equus Beds Recharge Demonstration Project is to determine if excess flows in the Little Arkansas River can be used to recharge the Equus Beds Wellfield and if the local wellfield can be expanded. One of the major tasks of the Water Supply Plan was to project the City's future water needs, up to the year 2050. These projections estimate that the population served by Wichita's water supply system will increase, from 335,000 to 558,000. Based on the projected use of water, it is estimated that the average day water usage will increase from the current 62 million gallons per day (MGD) to 112 MGD. Peak day demand will increase from the current 125 MGD to 223 MGD. The Local Integrated Water Supply Plan was developed from evaluating 27 different water supply options. A major component of the Plan is the recharge of the Equus Beds Wellfield, by using water from the Little Arkansas River. A demonstration project was needed in order to verify the concepts would work and to assure that the recharge activities would have no adverse environmental impacts. The City is involved in the third year of the demonstration project. The project's construction is complete, and engineering and water sampling and analysis costs will occur in 1998. The Supplemental Agreement No. 6 for Phase II engineering services in 1998 includes: * monitor water quality of the surface water intake and recharged water, * study of aquatic and fisheries in the project area, * evaluate cultural resources that could be impacted by the project, * study the possibility of expanding the local wellfield, * monitor operational recharge efforts, * evaluate the effectiveness of various recharge techniques, * monitor environmental effects of the pumping and recharge activities, and * review water quality data collected during the testing. Funds are available in the Capital Improvement Program (CIP #W-403), which has $7,647,000 allocated from 1997 through 1999. The total estimated cost for the final three years of this project is $5,021,000. However, the City has acquired $500,000 of cooperative funding from the U.S.G.S. to assist in water sampling and analysis, and may also acquire up to $1,500,000 of funding from the Bureau of Reclamation, which could lower the City's share of those costs to $3,021,000. The Supplemental Agreement is for the engineering services for 1998, with a total cost of $323,595. Motion -- Knight moved that the Supp. Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Rogers absent) SUPPLEMENTAL AGREEMENT - RAILROAD CONSULTANT - JOHN STANEK. Agenda Report No. 97-1028. John Stanek has been helping the city with the ongoing railroad problem between the City/County and the Union Pacific Railroad. This supplemental agreement will extend the contract through 1998 and is in the amount of $10,000. The contract will be paid from appropriated reserves. Motion -- Knight moved that the Supp. Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Rogers absent) GRANT AWARD GRANT AWARD - COMPREHENSIVE COMMUNITIES PROGRAM GRANT PHASE IIB. Agenda Report No. 97-1029. In April, 1993, the City of Wichita was notified by the U.S. Department of Justice, Bureau of Justice Assistance (BJA) that Wichita was one of sixteen cities selected to participate in a new, phased grant program entitled Comprehensive Communities Program (CCP). Phase I of the program provided the City with a $50,000 planning grant to develop comprehensive crime control strategies which require law enforcement and other governmental agencies to work in partnership with the community to develop solutions to identified problems. On February 7, 1995, the Bureau of Justice Assistance approved a Phase IIA award in the amount of $1,864,649. This grant provided funding for community policing, community mobilization, comprehensive anti-gang initiatives, Neighborhood Drug/Environmental Courts and alternatives to incarceration. On June 17, 1997, the City Council approved submission of a Phase IIB funding application in the amount of $400,000 to continue activities to address the City's comprehensive crime control strategy. The City has been advised by the Bureau of Justice Assistance that it has been awarded a grant in the amount of $400,000 for the Comprehensive Communities Program Phase IIB to make adjustments to the strategy and implement activities to achieve local goals and objective which are consistent with Congressional legislation. The Phase IIB funding was approved for the following components: plan and develop methods to implement a community-wide Victim Assistance Center-$48,100; improvements to municipal court to improve warrant service, public defender system and improved Court and staff training-$69,000; enhance community mobilization efforts by establishing two Neighborhood Resource Centers in the north and west quadrants of the City-$200,000; implement a domestic violence and community policing communications and awareness plan- $30,000; and provide on- going planning, training and administrative services- $52,900. The term of the grant is fifteen months beginning September 30, 1997 through December 31, 1998. The total grant amount is $400,000. No local matching funds are required for the grant. However, there will be a budgetary impact in 1999 (estimated at $100,000) when the grant ends if the City Council elects to continue programs defined in the grant. Motion -- Knight moved that the grant award be approved and the Mayor and City Manager be -- carried authorized to sign grant award documents. Motion carried 6 to 0. (Rogers absent) PARKING METERS PURCHASE PURCHASE OF PARKING METERS. (All Districts) Agenda Report No. 97-1030. On December 3, 1996, the City Council approved the replacement of all 1,500 mechanical mechanisms in parking meters with new electronic units. For the parking meter industry, electronic mechanisms are the most current technology. Some of the features associated with electronic mechanisms are as follows: 1) Using a hand held data terminal, parking meter rates can be changed without purchasing new mechanism(s). 2) Auditing capabilities for each meter available. 3) Maintenance costs can be tracked. 4) A cashless system is available by using a key. 5) Maintenance requirements are much less extensive than mechanical units. A Request for Proposal (RFP) was sent to 7 vendors for the purchase of new electronic mechanisms for all street and lot parking meters. A pre-proposal meeting was scheduled for Thursday, October 23 to allow vendors an opportunity to review the requirements and specifications with Public Works staff. Duncan Industries was the only vendor to submit a bid for our electronic mechanism RFP. Duncan is able to meet all the requirements included in the specifications. A budget to $240,000 was approved for the purchase of electronic mechanisms. The $222,135 bid from Duncan is within the budget. This also allows for the acceptance of Options 1 through 6, which include the purchase of spare mechanisms and dome lens, a hand held data terminal with software for Finance Department to perform meter audits, and the purchase of our old mechanical mechanisms by Duncan. Motion -- Knight moved that the bid of $222,135 from Duncan Industries be approved. Motion -- carried carried 6 to 0. (Rogers absent) PROPERTY ACQUISITION PROPERTY ACQUISITION - RIGHT-OF-WAY FOR THE MERIDIAN STREET IMPROVEMENT PROJECT. (Districts IV and VI) Agenda Report No. 97-1031. Three of the partial takes of property for the Meridian Street Paving Project from Maple to Central are Tract 6 (460 North Meridian, owned by Jack and Linda Karst), Tract 7 (401 North Meridian, owned by Tim and Heidi Pohlman), and Tract 9 (342 North Meridian, owned by Lawrence Armstrong). Values of $350.00 for Tract 6, and $250.00 for Tracts 7 and 9 was established and the owners have agreed to the prices. A budget of $1,850.00 is requested for the acquisition of the three tracts and for closing costs. Motion -- Knight moved that the budget and the Contract be approved; and the Mayor be -- carried authorized to sign the necessary documents. Motion carried 6 to 0. (Rogers absent) PROPERTY ACQUISITION - TEMPORARY EASEMENTS FOR THE MERIDIAN STREET IMPROVEMENT PROJECT. (Districts IV and VI) Agenda Report No. 97-1032. Two of the temporary construction easements required for the Meridian Street Paving Project from Maple to Central are Tract 1 (2458 West Newell, owned by Jack K. Sentel) and Tract 13 (201 North Meridian, owned by Avis L. Lane). A value of $100 for each tract was established and the owners have agreed to the price. A budget of $300.00 is requested for the acquisition and for title reports and miscellaneous expenses. Motion -- Knight moved that the budget and the Contract be approved; and the Mayor be -- carried authorized to sign the necessary documents. Motion carried 6 to 0. (Rogers absent) ORDINANCES SECOND READING ORDINANCES. (First reading November 18, 1997) a. IRB - Royal Caribbean Cruises. (District IV) ORDINANCE NO. 43-641 An Ordinance authorizing the City of Wichita, Kansas, to issue its taxable industrial Revenue Bonds in the aggregate principal amount of $6 million for the purpose of providing funds to purchase, acquire, construct, and equip a telephone reservation center in an existing facility located in the City of Wichita, Kansas; prescribing the form and authorizing execution of a trust indenture by and between the City and Intrust Bank, N.A., Wichita, Kansas, as trustee with respect to the bonds; prescribing the form and authorizing the execution of a lease agreement by and between Royal Caribbean Cruises LTD. and the City; approving the form of a guaranty agreement; and authorizing the execution of a bond purchase agreement by and between the City and royal Caribbean Cruises LTD., as purchaser of the bonds, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. b. IRB - Boeing. (District III) ORDINANCE NO. 43-642 An Ordinance approving and authorizing the execution of a lease agreement between the Boeing company and the City of Wichita, Kansas; approving and authorizing the execution of an indenture of trust between said City and CTC Illinois Trust Company; pledging certain payments under said lease agreement and moneys and securities held by the trustee under the terms of said indenture of trust; authorizing and directing the issuance of Industrial Revenue Bonds (The Boeing Company Project) Series XVI, 1997, of said City in the principal amount of $340,000,000 for the purpose of providing funds for the acquisition, construction, reconstruction, and improvement of certain industrial and manufacturing facilities of the Boeing Commercial Airplane Group, Wichita Division, a Division of the Boeing Company, a Delaware Corporation, in Sedgwick County, Kansas; designating the trustee and the paying agent for said bonds; authorizing the sale of said bonds and the execution of a bond purchase agreement therefor; approving and authorizing the execution of an administrative service fee agreement; and authorizing the execution and delivery of certain related instruments, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. c. Special Assessments - Smithmoor Fifth Addition. (District II) ORDINANCE NO. 43-640 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 and Brandon Streets in Smithmoor Fifth Addition (south of Harry, east of Webb) (Project No. 472-82759/764019/490-504), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. d. Harry (Webb to Greenwich Road). (District II) ORDINANCE NO. 43-643 An Ordinance declaring Harry, from Webb to Greenwich Road (472-82883) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. e. 29th Street North (Tyler Road to 1/2 Mile East of Tyler Road). (District V) ORDINANCE NO. 43-644 An Ordinance declaring 29th Street North, from Tyler Road to 1/2 mile east of Tyler Road (472-82882) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. f. Wichita Art Museum. ORDINANCE NO. 43-645 An ordinance pertaining to the Wichita Art Museum and Wichita Art Museum Board, amending and recreating Section 2.12.060, 2.12.070, and 2.12.080, of the Code of the City of Wichita; repealing the original of said Sections and also repealing Sections 2.12.090, 2.12.100, 2.12.110, 2.12.120, 2.12.130, 2.12.140, 2.12.150 and 2.12.160, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. g. Z-3182 - North and West of Hillside. (District I) ORDINANCE NO. 43-646 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. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. Z-3182 h. Annexation - A 97-32 - South of 29th on Tyler Road (2759 N. Tyler). (District V) ORDINANCE NO. 43-647 An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. A-97-32 ANNEXATION A 97-21 A 97-21- REQUEST TO ANNEX PROPERTY GENERALLY LOCATED NORTH OF 55TH STREET SOUTH AND EAST OF MERIDIAN (CAMPUS HIGH SCHOOL). Agenda Report No. 97-1033. The City of Wichita, as owner of South Lakes Park, and USD 261, as owner of Campus High School, have requested that property be annexed into the City of Wichita. The property to be annexed is bordered by Wichita on the north, east and west. The total area proposed for annexation is 231.05 acres, approximately 40 acres is Campus High School property and approximately 191 acres is South Lakes Park property. The area proposed for annexation is all unplatted land. The northern portion of this site is developed with baseball, soccer and football fields, with a portion of the existing park set aside for a proposed fishing lake. The southern portion of this site is developed with Campus High School. The site is zoned "SF-20" Single Family Residential with the exception of approximately 8 acres of "LC" Limited Commercial on the northeast corner of 55th Street and Meridian. Adjoining property within the Wichita City Limits to the north and east of the area proposed for annexation is currently zoned "SF-6" Single Family Residential; and to the west is zoned "MH" Manufactured Housing. Adjoining county land to the south is zoned both "LC" and "SF-20," and to the west is zoned "SF-20." The property to the east of the existing park is developed park land in the southern portion and a drainage feature in the northern portion. To the north of the park area proposed for annexation are single family homes. Land to the west of Campus High School and South Lakes Park is developed with agricultural uses and two single family homes, however part of this land is likely to be developed with a manufactured housing park, which is now platted. Property to the south of Campus High School is developed with agricultural uses and one single family home. Upon annexation all of this land would convert to the City's "SF-6" Single Family Residential zoning classification. The City Engineer's office indicates that Campus High School is currently being served with City of Wichita water and sewer. Municipal water and sewer service are available to serve South Lakes Park, however due to the type of development are not currently necessary. The property has access to 55th Street South, Meridian and 47th Street South, all of which are 2-lane paved section-line arterials. 55th Street South has an existing traffic volume of approximately 3,703 average daily trips (ADT) east of Meridian. 47th Street South has an existing traffic volume of approximately 4,743 ADT east of Meridian. Meridian has an existing traffic volume of 9,357 ADT between 47th Street and 55th Street. The 2020 Transportation Plan projects traffic along 55th Street to increase to approximately 5,772 ADT for this segment, for 47th Street to increase to approximately 9,395 ADT, and for Meridian to increase to approximately 14,461 ADT for this segment. The City of Wichita CIP indicates that 47th Street, east of Meridian will be widened to 4 lanes in 2004, with design for this construction to be completed in 2002. At this location the Wichita Fire Department and Sedgwick County Fire Department operate under a first responder agreement, in which the first available unit, either City or County will respond to any alarm at this site. The area proposed for annexation would be fastest served by Sedgwick County Fire Station No. 34, located at 63rd Street South and West Street with an approximate 4 minute response time. Wichita Fire Station No. 19 at MacArthur and Exchange could serve this location with an approximate 5 minute response time. Upon annexation, police protection will be provided to the area by the Patrol South Bureau of the Wichita Police Department which is headquartered at Pawnee and Broadway. This property is located within the urban growth area of the City of Wichita as delineated by the Comprehensive Plan for the metropolitan area, and is also inside the Policy 32 urban service area. Annexation will create a smoother municipal boundary, although it will leave an 80-acre "enclave" in this mile section north and west of the park that is exempt from annexation under state law. On the basis of the foregoing information, the annexation of this property does not appear to result in additional future extraordinary expenses to the City-at- large. The property is eligible for annexation under K.S.A. 12-520 (7) of State Law. Motion -- Knight moved that the annexation request be approved and the annexation -- carried Ordinance be placed on first reading. Motion carried 6 to 0. (Rogers absent) (Later in the meeting the Council reconsidered this Item. Action is shown below.) (Council Member Rogers present.) Motion -- carried Knight moved that Item 26 be reconsidered. Motion carried 6 to 0. (Rogers absent) Mayor Knight Mayor Knight inquired if anyone wished to be heard. Tim Norton Tim Norton, Haysville Mayor, said the Haysville High School would be within the City of Wichita if the annexation were approved. The Haysville Mayor asked that the City of wichita not annex the Haysville High School as it would be debilitating to have the High School in another town. Such a move would be considered encroaching on the City of Haysville. Motion -- carried Knight moved that this Item be deferred. Motion carried 6 to 0. (Rogers absent) A 97-28 A 97-28 - REQUEST TO ANNEX PROPERTY GENERALLY LOCATED SOUTH OF MAPLE AND WEST OF 135TH STREET (M & R INVESTMENTS). (District V) Agenda Report No. 97-1034. Jay Russell of M & R Investments, LLC has requested that property located south of Maple and west of 135th Street West be annexed into the City of Wichita. The property to be annexed is bordered on the north and east by the current City boundary. This is currently an unplatted tract of land consisting of approximately 65.55 acres. A preliminary plat has been submitted which includes this area, in addition to other single family development and the Auburn Hills Golf Course. An evaluation, provided by the applicant, was provided; however, the information provided on the evaluation sheet is for an area larger than the proposed annexation area. The proposed annexation area would include approximately 140 dwelling units, along with open space. The surrounding property is mainly suburban residential in character. This site is zoned "SF-20" Single Family Residential today, under the Wichita- Sedgwick County Unified Zoning Code, and will convert to the City's "SF-6" Single Family Residential district upon annexation. Adjoining County land to the north is zoned "SF-20" and is undeveloped, but is part of the same development as this proposed annexation. Adjoining City land to the north is zoned "SF-6" and is part of this same development. The owner of the County land to the north is also requesting annexation of this property at today's City Council meeting. Adjoining County land to the south is zoned "SF-20" Single Family Residential and is currently undeveloped. Adjoining County land to the west is zoned "SF-20" and is undeveloped, but is part of the same development as this proposed annexation. Adjoining County land to the east is currently zoned "SF-20" and is undeveloped. The City Engineer's office indicates that City water and sewer service are not currently available to serve this site, however, the applicant has made an agreement with the Engineering Department to provide for the extension of existing city sewer and water lines lying within Maple, north and east of this site. The applicant will be solely responsible for all costs involved in connecting to these existing water and sewer lines. The property will have access to 135th Street West by a system of collector streets within the overall development. 135th Street West is an unpaved lane section line road. The developer has agreed to pay all assessments associated with improving 135th Street up to 1/2 mile south of Maple. There are no current traffic counts available for this street, however the 2020 Transportation Plan projects 1,700 average daily trips (ADT) on 135th Street south of Maple. Maple is located approximately 1/4 mile north of this site. There are an estimated 2,620 ADT on Maple east of 135th Street West, with this number projected to increase to 5,238 ADT by the 2020 Transportation Plan. The Wichita Fire Department, operating out of Station Number 17, located at 10651 West Maple, can serve this site with an approximate 4 minute response time. Upon annexation, police protection will be provided to the area by the Patrol West Bureau of the Wichita Police Department which is headquartered at 661 North Elder (Elder and West Central). This area is located approximately 1/2 mile from The Meadows Park, which is a 96.38 acre community park that is being developed and will be designated a wildlife area. Future plans include picnic facilities, play ground areas and pedestrian paths throughout the park. The proposed annexation site is located within 2 miles of an area that has been designated as a potential future park site by the Park and Open Space Master Plan. The property is located in Unified School District 265 (Goddard Public School District). Annexation will not change the school district. This property is located within the urban growth area of the City of Wichita as delineated by the Comprehensive Plan for the metropolitan area, and is also inside the Policy 32 urban service area. This portion of the entire Auburn Hills development will include approximately 140 single family dwelling units, with a total appraised value of approximately $18,200,000 which would result in a yearly tax revenue of $65,400 for the City of Wichita. On the basis of the foregoing information, the annexation of this property does not appear to result in future extraordinary expenses to the City- at-large. The property is eligible for annexation under K.S.A. 12-520 (7) of State Law. Motion -- Knight moved that the annexation request be approved and the annexation -- carried Ordinance be placed on first reading. Motion carried 6 to 0. (Rogers absent) ORDINANCE An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, introduced and under the rules laid over. A-97-28 A 97-29 A 97-29 - REQUEST TO ANNEX PROPERTY GENERALLY LOCATED SOUTH OF MAPLE AND WEST OF 135TH STREET (M & R INVESTMENTS). (District V) Agenda Report No. 97-1035. Jay Russell of M & R Investments, LLC has requested that property located south of Maple and west of 135th Street West be annexed into the City of Wichita. The property to be annexed is bordered on the north and east by the current City boundary. This is currently an unplatted tract of land consisting of approximately 25.2 acres. A preliminary plat has been submitted which includes this area, in addition to other single family development and the Auburn Hills Golf Course. An evaluation (information) sheet was provided by the applicant. However, this information provided on the evaluation sheet is for a much larger area than the proposed annexation area. The proposed annexation area will include approximately 25 single family dwelling units, with about 1/3 of the property set aside for future "MF-18" Multi-Family zoning. The developer has not yet provided a site plan for the multi-family development portion of this site. The surrounding property is mainly suburban residential and agricultural in character. This site is zoned "SF-20" Single Family Residential today, under the Wichita-Sedgwick County Unified Zoning Code, and will convert to the City's "SF- 6" Single Family Residential district upon annexation. Adjoining County land to the north is zoned "SF-20" and is developed with large-lot single family residences. Adjoining County land to the south is zoned "SF- 20" Single Family Residential and is currently undeveloped, but is part of the same development as this proposed annexation. The owner of the land to the south is also requesting annexation at today's Council meeting, therefore upon annexation the land to the south will convert to the City's "SF-6" Single Family Residential district. Adjoining County land to the west is zoned "SF-20" and is undeveloped, but is part of the same development as this proposed annexation. Adjoining City land to the east is currently zoned "SF-6" and is undeveloped, but part of the same development as this proposed annexation. The City Engineer's office indicates that City water and sewer service are not currently available to serve this site, however, the applicant has made an agreement with the Engineering Department to provide for the extension of existing city sewer and water lines lying within Maple, north and east of this site. The applicant will be solely responsible for all costs involved in connecting to these existing water and sewer lines. The property will have access to 135th Street West through a system of collector streets within the overall development. 135th Street West is an unpaved lane section line road. The developer has agreed to pay all assessments associated with improving 135th Street up to 1/2 mile south of Maple. There are no current traffic counts available for this street, however the 2020 Transportation Plan projects 1,700 average daily trips (ADT) on 135th Street south of Maple. Maple is located approximately 1/4 mile north of this site. There are an estimated 2,620 ADT on Maple east of 135th Street West, with this number projected to increase to 5,238 ADT by the 2020 Transportation Plan. The Wichita Fire Department, operating out of Station Number 17, located at 10651 West Maple, can serve this site with an approximate 4 minute response time. Upon annexation, police protection will be provided to the area by the Patrol West Bureau of the Wichita Police Department which is headquartered at 661 North Elder (Elder and West Central). This area is located approximately 1/2 mile from The Meadows Park, which is a 96.38 acre community park that is being developed and will be designated a wildlife area. Future plans include picnic facilities, play ground areas and pedestrian paths throughout the park. The proposed annexation site is located within 2 miles of an area that has been designated as a potential future park site by the Park and Open Space Master Plan. The property is located in Unified School District 265 (Goddard Public School District). Annexation will not change the school district. This property is located within the urban growth area of the City of Wichita as delineated by the Comprehensive Plan for the metropolitan area, and is also inside the Policy 32 urban service area. The single family development portion of this site will include approximately 25 dwelling units, with a total appraised value of approximately $3,250,000 which would result in a yearly tax revenue of $11,679 for the City of Wichita. On the basis of the foregoing information, the annexation of this property does not appear to result in future extraordinary expenses to the City- at-large. The property is eligible for annexation under K.S.A. 12-520 (7) of State Law. Motion -- Knight moved that the annexation request be approved and the annexation -- carried Ordinance be placed on first reading. Motion carried 6 to 0. (Rogers absent) ORDINANCE An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, introduced and under the rules laid over. A 97-29 S/D 95-43 S/D 95-43 - PLAT OF INDUSTRIAL AIR CENTER SECOND ADDITION LOCATED SOUTH OF 38TH STREET NORTH AND WEST OF WEBB ROAD. (District II) Agenda Report No. 97-1036. The site is a replat of a portion of an existing addition and zoned Limited Industrial. The site is within the noise impact area of McConnell AFB and an avigational easement and restrictive noise covenant required. Easement, Certificate of Petitions from M & H Investments, Inc. 100 Percent Petition for construction of Water Distribution System Number 448- 89222 (north of 37th Street North, west of Webb) ($60,000 S.A.) 100 Percent Petition for improving of Cypress/38th Street North from the north line of 37th Street North to the west line of Webb Road, Project No. 472- 82889 (north of 37th Street North, west of Webb) ($410,000 S.A.) Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 6 to 0. (Rogers absent) RESOLUTION NO. R-97-414 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89222 (north of 37th Street North, west of Webb) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. RESOLUTION NO. R-97-415 Resolution of findings of advisability and Resolution authorizing improving of Cypress/38th Street North from the north line of 37th Street North to the west line of Webb Road, Project No. 472-82889 (north of 37th Street North, west of Webb) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. V-2054 V-2054 - REQUEST TO VACATE A PORTION OF A UTILITY EASEMENT LOCATED BETWEEN I-235 AND MACARTHUR ON THE EAST SIDE OF WEST STREET IN SEDGWICK COUNTY. Agenda Report No. 97-1037. MAPC Recommendation: Approve, subject to conditions. (unanimous) Staff Recommendation: Approve, subject to conditions. Applicant, Daltco, Inc., 1139 State, Augusta, Kansas, owns the property to the south, which is developed as a Self- Storage facility, and proposes to expand that facility onto this property. At the time of the platting of Delgado Addition, a 10-foot utility easement was placed along the south property line in addition to the utility easements along the east property line. Now that the two adjoining lands will be under single ownership and a unified development the need for the 10-foot utility easement no longer exists. No members of the public addressed the MAPC in opposition to this request. The Subdivision Committee and MAPC both have recommended approval. The request is within 3 miles of the City of Wichita and was submitted for review to the Wichita City Council. The Wichita City Council approved the request on November 25, 1997. Motion -- carried Knight moved that the vacation request be approved. Motion carried 6 to 0. (Rogers absent) (Council Member Rogers present) RECESS Council recessed at 10:15 a.m. to workshop session on Northwest Sewer Master Plan, Homeless Programs, and Riverside Park, and reconvened in regular session at 11:11 a.m. EXECUTIVE SESSION Motion -- Knight moved that the Council recess to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to matters relating to employer-employee negotiations and the regular meeting be resumed no sooner than 11:30 a.m. in the City Council -- carried Chambers. Motion carried 7 to 0. RECESS Council recessed at 11:13 a.m. and reconvened in regular session at 11:40 a.m. Mayor Knight Mayor Knight announced that no action was necessary as a result of the executive session. ADJOURNMENT The City Council meeting adjourned at 11:40 a.m. Pat Burnett City Clerk Following the City Council Meeting the Pride of the City Award was given to KOCH Industries. COUNCIL PROCEEDINGS JOURNAL 164 NOVEMBER 25, 1997 Page 1