MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, March 19, 1996 Tuesday, 9:05 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cather, Cole, Gale, Kamen; present. *Council Members Ferris, Rogers; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Patricia L. Burnett, Deputy City Clerk; present. The invocation was given by Marvin Hostetler, Pastor, First Church of the Brethren. 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 March 5, 1996, were -- approved approved 5 to 0. (Ferris, Rogers; absent) AWARDS AND PRESENTATIONS PRIDE OF CITY AWARD The "Pride of the City" Award was presented to Sheplers. Sheplers presented the City with a Sheplers belt buckle. PROCLAMATIONS Mayor Knight presented the Proclamations that were previously approved. PUBLIC AGENDA *Council Member Rogers present. Comments - Massco, Inc. Cindy Warren Cindy Warren, 800 East 1st MASSCO building owner, stated that the warehouse building, when purchased, allowed easy access for truck loading and unloading. In addition to being a warehouse, the building offices 45 employees and had a jacuzzi. On August 4, 1995, MASSCO moved its warehouse out of Old Town because of street improvements and remodeling being done on Mead between 1st and 2nd Streets. The improvements included the installation of drainage, new street bricks, decorative light poles and benches, parking lot construction, and brick wall construction around the parking lot. The brick walls prevented MASSCO trucks from being able to load and unload on the docks. MASSCO, which was a thriving warehouse business at the time, was forced to leave Old Town and purchase a building on south Meridian. In addition to having to move, MASSCO is being assessed in the amount of $34,452.70 for the improvements. MASSCO derived no benefit from the improvements and, in fact, was forced to relocate the warehouse and incurred great expense. The building is on the market for sale but, as yet, it has not been sold. The corporate office is still located at 800 East 1st and there are 14 employees occupying 5,000 of the 50,000 square feet. The remaining 45,000 square feet is empty. The improvements to Mead should encourage business to the retail and restaurant businesses located in Old Town; however, it is suggested warehouse-type properties that are established businesses in the Old Town area be protected, somehow, from special assessments for improvements that afford no benefit these properties. Specifically, it was requested that the special assessment for the improvements on Mead between 1st and 2nd Streets which were assessed against 800 East 1st be deferred until such time as the ownership changes or the use of the property changes. Improvements to Moore Street is another project with identical problems. *Council Member Ferris present. Council Member Kamen Council Member Kamen said the street improvements actually drove MASSCO out of business in the Old Town area and forced location elsewhere. An attempt to sell the building by auction was recently made and an offer was made for about 25 percent of the building's worth (or what the owners have in the building). Council Member Cole Council Member Cole said she hoped the focus would be on the real issue of whether, in fact, infrastructure improvements benefit a property. The Council determined that this matter should be considered with Item 3 "Proposed Assessments for Paving Projects." UNFINISHED BUSINESS WATER PETITION PETITION FOR WATER DISTRIBUTION SYSTEM TO SERVE PEPPERMINT PARK ADDITION AND PARK OF MILES HIDDEN LAKES ADDITION, EAST OF 119TH STREET WEST, NORTH OF KELLOGG. Continued from March 5, 1996. Mike Lindebak City Engineer explained that a request has been made for the original project petition to be withdrawn. The project will proceed later based on the appropriate petition(s). Council Member Ferris Council Member Ferris said he had met with some of the neighbors and that it is thought the new petition(s) will be very acceptable to all of them. The Water Department will extend the water service and the remaining eight owners, as such time as water service is desired, will be able to connect to water service but will have to pay an in-lieu-of assessment. Motion -- Ferris moved that the petition be withdrawn from the Agenda. Motion carried -- carried 7 to 0. PAVING ASSESSMENTS PROPOSED ASSESSMENTS FOR PAVING PROJECTS. (Item No. 3) Continued from March 5, 1996. i. (472-82405/762260/490-329) Improving of an alley between Douglas and William from the east line of Topeka to the west line of Emporia, English's Addition (east of Broadway, south of Douglas), as authorized by Resolution No. R-93-502 adopted December 14, 1993, and published December 17, 1993. This improvement was ordered in by the City Council. The Statement of Cost approved January 23, 1996, in the amount of $55,158.00 is to apportioned 100 percent to the improvement district. The cost has been assessed on a square foot basis. Mike Lindebak City Engineer said the total project cost was $55,158. Of that amount, $4,331.25 was for brick pavers. Reducing the $4,331.25 from the total amount to be assessed will reduce Ms. Moses proposed assessment from $2,121.46 to $1,1954.88. The enhancements occur in the sidewalk areas on both the east and west ends of the alley. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Council Member Cole Council Member Cole said, "It is my belief that if we were to withdraw each and every enhancement that we attempt to provide in certain areas, in infrastructure, and spread those to the general population, that that also is unfair because the enhancements, generally, occur and do provide additional benefit, I believe, to the area in which they occur. And so, it is my belief, in this project and others like it, that those persons who do enjoy the benefit from the enhancements should participate in the cost." Motion -- Cole moved that the public hearing be closed, the assessments be approved as originally presented to the Council, and the Ordinance be placed on first reading. Gary Rebenstorf Director of Law, responding to a question, explained that under State law, when the property benefits, then the special assessment is appropriate. The courts have said the present use is not looked at but whether there is any benefit whatsoever to the land. Mike Lindebak City Engineer said any type of brick pavers or landscaping is an enhancement and property in the area does derive enjoyment from the enhancements. The recalculation was done for Ms. Moses as directed by the Council and the result would be a reduction in the assessment to Ms. Moses. Mayor Knight Mayor Knight said it would be a benefit for the Council to deal with these things at the start of a project instead of at the time of assessment approval. Council Member Rogers Council Member Rogers stated that he did not see how paving bricks could be eliminated as a part of the cost if it is an improvement. Council Member Ferris Council Member Ferris said that if City Council wants pavers to be a part of the amenities for the entire downtown area, the pavers should be paid for by the City - not by individuals who wanted only paving. Substitute motion -- Knight moved a substitute motion that that the public hearing be closed, the assessments be recalculated with the brick paver portion being assessed city-wide, and the Ordinance be placed on first reading. Substitute motion -- carried carried 4 to 3. Cather, Cole, Rogers - No. 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 an alley between Douglas and William from the east line of Topeka to the west line of Emporia, English's Addition (east of Broadway, south of Douglas), introduced and under the rules laid over. (472-82405/762260/490-329) j. (472-82376/762294/490-332) and s. (472- 82478/762642/490-367) Improving of North Shore Boulevard from the north line of 21st Street North to the north line of Lot 1, Block 1, North Lakes Addition (north of 21st, east of Ridge), as authorized by Resolution No. R-93-374 adopted September 21, 1993, published September 24, 1993; and amended by Resolution No. R-95-314 adopted July 25, 1995, published July 28, 1995; and revised by Resolution No. R-95-526 adopted November 14, 1995, and published November 17, 1995. Petition for this improvement was signed by owners representing 83 percent of the property ownership. The Statement of Cost, including the cost of driveways, approved January 23, 1996, in the amount of $510,617.00 is to apportioned 100 percent to the improvement district. The cost has been assessed on a fractional basis. AND Improving of North Shore Circle from the east line of North Shore Blvd. to and including the cul-de-sac; and North Shore Courts from the east line of North Shore Circle to and including the cul-de-sac serving Lots 18 through 30 and Lots 35 through 41, Block 1, Barefoot Bay (north of 21st, east of Ridge), as authorized by Resolution No. R-94-302 adopted July 12, 1994, published July 15, 1994; rescinded by Resolution No. R-95-001 adopted January 10, 1995, and published January 13, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, including the cost of driveways, approved January 23, 1996, in the amount of $627,894.00 is to apportioned 100 percent to the improvement district. The cost has been assessed on a fractional basis. Mike Lindebak City Engineer said he had contacted the Barefoot Bay developer, Jack Ritchie, to determine what information was provided to the prospective buyers of the ground. A copy of a newsletter was provided which indicated that assessments were to be in the range of $240 to $300 per month for improvements in the subdivision. Indication by speakers at the March 5th City Council meeting was that Mr. Ritchie had said something at a homeowners' picnic, in the Fall of 1995, about assessments being in the range of $155 per month. Mr. Ritchie said he had said he had contacted Professional Engineering Consultants (PEC) and the estimate given was on completed projects. Sharon Buck, real estate agent at the meeting, had added that there were additional assessments to be levied. Mr. Ritchie had also advised that those wanting the latest information on assessments should contact Sharon Buck or call the City for that information. An indication was given that some of the utility bids had been favorable and it was thought they would be closer to the lower end of the assessment range. Regarding the railroad crossing and signal, Mr. Ritchie indicated that the construction portion of Ritchie had been doing business at their present location for over 20 years as an asphalt and sand extraction plants and that their trucks and equipment could cross the railroad tracks at will without a crossing or signal. The installation of the signal and crossing would not be of any "benefit" to Ritchie and the reason for the crossing and signals being installed was because the area to the north of the tracks was being converted to residential lots. Mr. Ritchie did not see how he could ask the Ritchie construction portion to pay for any of the crossing or signal costs. The City Engineer went to the site to see where Ritchie vehicles crossed the railroad tracks and found that there is a small yard where concrete crews assemble, and are issued small hand tools and forms. None of the concrete trucks from the ready-mix plant use the crossing nor do the trucks that access the maintenance facility. The crossing will not be torn apart by trucks using it on a regular basis. Gary Rebenstorf Director of Law, responding to questions, said that under the present petition the assessments could not be spread to other properties in the area. The only way to assess other properties would be to present another 51 percent petition with the other properties included. The Council could order in the project but a 51 percent protest petition would stop any ordering in of property. Other properties in the area, in the future, could not be assessed for a portion of the cost of these improvements unless the other properties are willing to go along and would voluntarily participate in the assessment project. Council Member Ferris Council Member Ferris said he has been working with Council Member Kamen on some kind of developers' disclosure agreement for future projects. In this case, there is no city- wide benefit and this is an unfortunate situation which is now between the homeowners and developers. Motion -- Ferris moved that the public hearing be closed, the assessments be approved, and -- carried the Ordinances be placed on first reading. Motion carried 7 to 0. Motion -- carried Knight moved that Items j and s be reconsidered. Motion carried 7 to 0. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Richard Seng Richard Seng, representing 27 property owners, said there is substantial traffic movement to the Ritchie businesses and both the crossing and North Shore Boulevard are of benefit to both businesses. The allocation of assessments is not fair and it is the City Council's responsibility to supervise this and make sure there is fair assessment. Council Member Ferris Council Member Ferris explained that it is not relevant whether or not the Ritchie properties benefit. There was a 100 percent petition in which the owner, at the time the petition was submitted, said would be paid for by the area covered in the petition. Sharon Buck Sharon Buck said she had asked numerous questions of numerous people including persons including the developer, engineering, PEC, and others but she did not get the right information. Dave Gordon Dave Gordon said it seemed unfair that the Ritchie companies, which bear the same name as the developer, do not have to share a portion of the cost. Council Member Kamen left the Bench. Mr. Gordon said he had purchased his lot before the newsletter was sent and that he had followed up after he received the newsletter and was told the railroad crossing arms would not have to be put up. Richard Darge Richard Darge said the Ritchie property benefits as much or more than the residents' property. There are two railroad track crossings - one goes directly into Ritchie's property and the other goes into the development area but the development area is paying for both crossings. Council Member Ferris Council Member Ferris explained that there is no legal way the City can assess the Ritchie property for the improvements. Motion -- Ferris moved that the public hearing be closed, the assessments be approved, and -- carried the Ordinances be placed on first reading. Motion carried 7 to 0. 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 North Shore Boulevard from the north line of 21st Street North to the north line of Lot 1, Block 1, North Lakes Addition (north of 21st, east of Ridge), introduced and under the rules laid over. (472-82376/762294/490-332) 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 North Shore Circle from the east line of North Shore Blvd. to and including the cul-de-sac; and North Shore Courts from the east line of North Shore Circle to and including the cul-de-sac serving Lots 18 through 30 and Lots 35 through 41, Block 1, Barefoot Bay (north of 21st, east of Ridge), introduced and under the rules laid over. (472-82478/762642/490-367) (The Council took up Item 4 and then returned to Item 3. Action is shown in Agenda order.) k. (472-82436/762369/490-339) There was no action taken on this Item. Council Member Rogers left the Bench. v. (472-82486/762674/490-370) Improving Moore Avenue from 1st to 2nd Streets North; and necessary transitions (Old Town Phase III, Part 1), as authorized by Resolution No. R-94-360, adopted August 30, 1994, and published September 2, 1994. This improvement was ordered in by the City Council. The Statement of Cost approved January 30, 1996, in the amount of $387,755.00 is to be apportioned 75 percent to the improvement district and 25 percent to the City at large. The cost has been assessed on a square foot basis. Mike Lindebak City Engineer reviewed the Item. On March 5, 1996, Dennis Wilkie, Vanderkellen Galleries, Inc., 701 East 2nd, spoke to the Council about the proposed assessment to his property. In a departure from the previous Old Town street projects, the surface of Moore was paved with asphalt instead of paving bricks. The sidewalks were constructed with concrete pavers to match the other areas of Old Town. Because of the reduced street paving cost, at the time the project was considered by the Council, staff recommended and the Council concurred in approving a cost split of 75 percent special assessment and 25 percent City at-large instead of the 50-50 split on previous projects. The proposed assessment rate for Moore is about $2.52 per square foot of ownership. The assessment rate for Mead from 1st to 2nd, one block away, which was constructed to the previous Old Town standard with the cost being split 50-50, is $3.94 per square foot, a rate almost 60 percent higher than for Moore. Council Member Rogers present. Dennis Wilkie Dennis Wilkie said he spoke out in August, 1994, against the cosmetic improvements of Moore Street. In August of 1994, the City was the only other property owner on the block and wanted to make the area a good area for foot traffic. Mr. Wilkie said he does not derive any direct benefit and that he had tried to stop the project originally. The MASSCO building and Mr. Wilkie's building are currently worth about 1/4 of what the buildings were worth about seven years ago, when groundwater contamination was an issue, long before Old Town. There are many people interested in developing restaurants, boutiques, and clubs in the Old Town area but these same people want to "steal" the property. When the MASSCO building was being auctioned, there were many developers at the auction with an interest in development but none of the developers wanted to pay anything for the building. It is felt that if Mr. Wilkie tried to sell his building, the building would bring about 1/4 of what the building was worth years ago. Mr. Wilkie asked that the City Council not assume benefit is derived because the property is worth more now because it is unknown where the building could be sold at a big profit even with the development that has taken place. Council Member Cole Council Member Cole stated that the general assumption, which has been tested in the courts, is that infrastructure improvements do add value, in the long run, to a property. The existing use of the business is not the major factor that figures in the process. The courts have upheld that, in fact, infrastructure improvements do add value to the business. Other property owners who have invested in the area, as well as Council Member Cole, have accepted the basis on which the improvements in Old Town were to be made. For the Council to go back and revise that basis threatens the financial basis on which the project has moved forward. It also alienates people that have taken risks and moved into the area and have paid for the improvements in the area. There can be situations given where value has been added to the property so it does not fit to say that increase in value simply has not occurred. Council Member Kamen Council Member Kamen said this project was City driven, not petitioned, because the City owned most of the property. Old Town is a good project but some of Council Member Kamen's criticism is that, for previously existing buildings, a genocide of existing businesses has been created by creating streets in which semi-trailer trucks cannot be backed up to docks, sidewalks have been installed where existing businesses would not benefit, and in Mr. Wilkie's case, the access to the arterial street has been blocked requiring access through a parking lot. The pavement put into these streets is probably not sufficient for heavy truck traffic anyway. There are two reasons that the properties have decreased in value besides those mentioned. One is that there is a surplus of buildings because businesses are being forced out and there are a lot of empty buildings. The second reason is that multi-story buildings are probably suffering the worst. The elevators were designed as freight elevators. Retail establishments would have to install passenger elevators costing about $60,000 in order to meet handicap requirements. The Weigand auction of the MASSCO building set the market for these buildings for which bids received were about 1/4 the price they should have brought as warehouses for which the buildings can no longer be used. For those buildings which have been developed in Old Town, there has been an increase in value. Council Member Ferris Council Member Ferris said that, with the initiation of Old Town, it was the Council's intent to preserve a mixed-use area. There were many business owners who asked that the City not run them out of business and the Council said, at that time, that was not the intention. This situation is that Mr. Wilkie's building is, and is used as, a warehouse. The purpose of these hearings is to determine whether or not there is benefit to property. There is probably benefit to Mr. Wilkie's property in the long term. Council Member Ferris asked that the City Attorney look into whether the City has the ability to enter into a contractual agreement (which would be a lien against the property) with the property owner which would defer assessments (which might then be a lump-sum amount) until such time as the building is sold or the use of the property has changed; and that Staff contact Mr. Wilkie to see whether he would be interested in using such agreement if it can be made available. Council Member Cole Council Member Cole stated that she would be willing to look at this type of arrangement as Mr. Wilkie is not the only one in this situation. Council Member Cole also asked that the City Attorney look at how this fits in the Tax Increment Financing District and to what degree an alteration in this procedure then troubles assumptions in the TIF. Council Member Kamen Council Member Kamen said the reconsideration should be given and the Law Department should also look into the MASSCO property situation. Motion -- Cole moved that this Item be deferred two weeks and that the Law Department look at the general concept which has been discussed. Council Member Ferris Council Member Ferris said the MASSCO property is on Mead Street which has already been let and spread. Council Member Kamen Council Member Kamen said he hoped the Director of Law would bring some Law to the Council for a decision in two weeks. -- carried Motion carried 7 to 0. z. (472-82510/762872/490-390) Improving of Custer Avenue from the north line of 18th Street North to the south line of McLean Boulevard (east of Sheridan, north of 13th), as authorized by Resolution No. R- 94-479, adopted November 15, 1994, and published November 18, 1994. The improvement was order in by the City Council. The Statement of Cost, including the cost of driveways, approved January 30, 1996, in the amount of $59,871.00 is to apportioned 100 percent to the improvement district. The cost has been assessed on a square foot basis. Mike Lindebak City Engineer reviewed the Item. The City Engineer met with Mr. Pritchard and reviewed how the project was initiated and the project expenses. Mr. Pritchard verified that he had received previous notifications and correspondence from the City but had been unable to attend previous meetings. The City Engineer believed Mr. Pritchard's concerns have been addressed. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that the public hearing be closed, the assessments be approved, and -- carried the Ordinance be placed on first reading. Motion carried 7 to 0. 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 Custer Avenue from the north line of 18th Street North to the south line of McLean Boulevard (east of Sheridan, north of 13th), introduced and under the rules laid over. (472- 82510/762872/490-390) ll. (472-82053/763052/490-408) Improving of Prescott from the southerly line of Lot 28, Block 2, and Lot 17, Block 3, Pawnee Mesa Third Addition to the south line of Prescott Court, (north of Pawnee, west of Lark), as authorized by Resolution adopted September 18, 1990, and published September 21, 1990. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996, in the amount of $54,317.00 is to apportioned 100 percent to the improvement district. The cost has been assessed on a fractional basis. Mike Lindebak City Engineer reviewed the Item. The Pawnee Mesa development was platted in the early 1980's by Builders, Inc., and part of the original addition was replatted in 1990 as Pawnee Mesa Addition. As a result, new petitions were filed for street paving. Two lots were inadvertently included in two improvement districts causing an inappropriate double assessment. A revised Resolution has been done to correct the situation. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that the public hearing be closed, the amending Resolution be adopted, the revised assessments be approved, and the Ordinance be placed on -- carried first reading. Motion carried 7 to 0. RESOLUTION NO. R-96-097 Resolution of findings of advisability and Resolution authorizing improving of Prescott/Lotus from the west line of Pawnee Mesa Third Addition to the north line of Lot 12, Block 3,Pawnee Mesa Third Addition, Project No. 472-82053 (north of Pawnee, west of Lark) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Ferris moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. 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 Prescott from the southerly line of Lot 28, Block 2, and Lot 17, Block 3, Pawnee Mesa Third Addition to the south line of Prescott Court, (north of Pawnee, west of Lark), introduced and under the rules laid over. (472-82053/763052/490-408) mm. (472-82006/763102/490-413) Improving of 50th Street South from the east line of Broadway to and including the cul-de-sac at the west line of Southglen 3rd Addition (east side of Broadway, south of 47th Street South), as authorized by Resolution adopted February 27, 1990, and published March 9, 1990. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 13, 1996, in the amount of $102,644.00 is to apportioned 100 percent to the improvement district. The cost has been assessed on a fractional basis. Mike Lindebak City Engineer reviewed the Item. On March 5, 1996, Bill Morris, owner of the Glen Acres Mobile Home Park, said he did not receive notification from the City of the assessment hearing. Assessment hearing notices are not mailed by registered or certified mail so staff cannot verify either mailing or receipt of the notice. Staff believes this is not a significant issue because Mr. Morris signed a petition in 1990 requesting the paving and agreeing to pay one-half of the project cost. Staff spoke with Mr. Morris about the project and mailed information and project plans to him. The petition Mr. Morris signed was for a total project cost of $111,000 without considering inflation or temporary finance charges. The final total cost, including temporary financing charges was approximately $102,000. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Gale moved that the public hearing be closed, the assessments be approved, and -- carried the Ordinance be placed on first reading. Motion carried 7 to 0. 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 50th Street South from the east line of Broadway to and including the cul-de-sac at the west line of Southglen 3rd Addition (east side of Broadway, south of 47th Street South), introduced and under the rules laid over. (472-82006/763102/490-413) NEW BUSINESS STORM DRAIN STENCILING NORTH HIGH SCHOOL STORM DRAIN STENCILING PROJECT. (Item No. 4) Steve Lackey Director of Public Works reviewed the Item. Agenda Report No. 96-207. North High School has received a grant from the Kansas Department of Health and Environment (KDHE) to implement a pilot storm drain stenciling project in the Riverside and Midtown neighborhoods. The objective of this project is to decrease the amount of non-point source pollution from entering our area waterways and to increase the awareness of this problem in the neighborhoods. If approved, students will stencil storm drains on April 20th in the two neighborhoods (railroad tracks/St. Francis Street to the east; Central to the south; 21st to the north and the Big River to the West) in conjunction with "Earth Day" and distribute educational pamphlets. Water quality monitoring will be continued by students and a follow-up survey will assess the success of the program. Students from Earhart Environmental, Emerson Open Alternative, McLean Science and Technology, Marshal Middle and PV Middle Schools are also involved in the program. The proposal has been endorsed by the Riverside Citizens and Midtown Associations and the CPO North Central Council for District 6. The stenciling of storm drains is occurring throughout Kansas and the nation. The City of Topeka has implemented a similar program along with an environmental education campaign. A recent National Geographic magazine article pictured a student stenciling a storm drain in a city in North Carolina. The North High students will place a stencil on a storm drain and spray it with white paint. The stencil will read: " No Dumping - Drains to River" accompanied by a small silhouette of the endangered Arkansas River Darter fish. The cost of the project will be sustained by North High School. If approved, this project would be at no cost to the City with the exception of staff time needed for a proposed environmental education campaign. The students, who will stencil the storm drains, will be supervised at all times by North High teachers. Public Works staff will loan reflective vests to the students in an effort to make them more visible to motorists and to minimize possible liability. The Law Department has reviewed the proposal and found no liability problem. Jim Clark Jim Clark, representing North High School and NEWT (North Environmental Water Team), introduced students from the following areas: North High School Emerson Open Magnet School McLean Science and Technology Pleasant Valley Middle School Earhart Environmental Magnet School John Marshall Middle School Mr. Clark said the objective of the new proposals to implement a storm stenciling project in the Riverside and Midtown neighborhoods is to decrease the amount of non-point source pollution entering the waterways and to increase the awareness of the problem in the neighborhoods and in Wichita. Non-point source pollution is pollution which enters the waterways without an identifiable source. Mayor Knight momentarily absent; Vice Mayor Kamen in the Chair. Kelly Clark Kelly Clark, Emerson Open Magnet School, stated that every Tuesday two students from the school test the Arkansas River for pollution. Ms. Clark reminded the Council of the day when Wichita was temporarily out of water and said, "and that problem could become permanent if we don't take action." Matt Schock Matt Schock, Emerson Open Magnet School, explained that a lot of water problems are causing the river life to die. Water testing done by the North Environmental Water Team has shown that nitrate and phosphorous levels have been rising rapidly as the weather warms. It is believed the rise is due to people washing cars, houses, and garages, and starting to fertilize lawns. High nitrate levels in water can kill fish and plants. High phosphate levels in soaps can clog the water and blood cycles in life forms causing them to dehydrate. Emily Clark Emily Clark, Emerson Open Magnet School, said the Arkansas River Shiner fish is used as an indicator. When the fish is doing bad health-wise, it is known that the water is being polluted in some way. The water needs to be kept clean for present and future generations. Michelle Hinkle Michelle Hinkle, Pleasant Valley Middle School, stated that it is hoped stencil painting on storm drains will remind people not to contaminate the City's water supply. If people can be made aware of things being disposed of in the water, it is felt these same people will want to become involved in prevention. Whitney Hoffman Whitney Hoffman, McLean Science Technology Magnet School, said testing has shown that the water in Wichita is very dirty in Wichita. The Little Arkansas River runs behind Whitney's house and is so polluted that it smells. It is very important that people in Kansas and Wichita keep the rivers clean. Some events during the Wichita River Festival have had to be canceled due to river water pollution. Clean water is also important for wildlife. Fish that are caught in the rivers are not fit to eat; and the wildlife using the river as a water source need clean water. Camilla (inaudible) Camilla, John Marshall Middle School, said water tests done from the 18th Street Bridge showed a lot of sticks, trash, and pollution in the water. Helen Furst Helen Furst, Pleasant Valley Middle School, stated that stenciling the storm drain will help inform the public that the pollution needs to be stopped because all of the drains lead straight to the river. Council Member Cole Council Member Cole expressed concern that the stencils last as long as possible. Steve Lackey Director of Public Works said staff would research the matter and try to provide assistance to ensure the paint or a paint coating will be of quality to last as long as possible. Council Member Cather Council Member Cather stated that the spirit of the students is what makes Wichita an All American City. Motion -- carried Cole moved that the project be approved. Motion carried 7 to 0. TRAFFIC COMMISSION TRAFFIC COMMISSION REPORT. Bill McKinley Traffic Engineer reviewed the Item. Agenda Report No. 96-208. Two items, namely the closure of Waco between Douglas and First Street and the modification of pedestrian facilities at Central and Maize were discussed and acted upon during the February meeting of the Traffic Commission. a. Closure of Waco Between Douglas and First Street. (District VI) Grand Heritage, purchasers of the Ramada Inn- Broadview, has requested the permanent closure of Waco between Douglas and First Street to accommodate a proposed major covered entrance from Waco into the remodeled hotel. It will also pro- vide a pedestrian-friendly atmosphere between the hotel proper and the parking garage on the east side of Waco. A traffic study was conducted to determine the impact on traffic if Waco was closed between Douglas and First Street. The study indicates that Waco could be closed with minor modifications to signal timing at a few intersections surrounding the area. The estimated cost to close Waco between Douglas and First Street is yet to be determined between staff and the hotel developer. Staff is working with representatives of Grand Heritage to develop a final cost estimate and petition to construct the proposed project. Motion -- Cole moved that the February Traffic Commission Minutes be received and filed; -- carried and the permanent closure of Waco be approved. Motion carried 7 to 0. b. Modification of Pedestrian Crossing at Central and Maize. (District V) In March 1988, the City Council approved the installation of right-turn signals, as well as "no right turn on red" signs at the intersection of Central and Maize. In addition, the signal timing was changed so that when pedestrians pushed the button to receive a "walk" light, the intersection would go all red for one minute, thus eliminating pedestrian traffic conflicts. These changes were made to protect students going to and from Peterson Elementary School. Traffic Engineering staff reviewed the operation at Central and Maize during the times students crossed the intersection on three separate days. The study concludes and recommends that the existing traffic control signing and signalization can be modified by replacing "no turn on red" signs with signs stating "no turn on red between 8:30 to 9:00 a.m. and 4:10 to 4:30 p.m.", and removing the "right turn signal ahead" signs at the beginning of the right turn lane and replacing them with "no right turn on red between 8:30 to 9:00 a.m. and 4:10 to 4:30 p.m." The signing modifications to the intersection of Central and Maize will cost approximately $500. The work can be performed by City crews without an increase in the Traffic Maintenance budget. Mayor Knight momentarily absent with Vice Mayor Kamen in the Chair. Council Member Ferris Council Member Ferris said this matter and the I-235 and Zoo Boulevard and Windmill and Zoo projects should to be taken to CPO 5. After the CPO hearing, the Council should look at the comments and then have the Item returned to the Council for consideration. Council Member Kamen Council Member Kamen stated that to expect all of the children to be there between 8:30 and 9:00 a.m. and between 4:10 and 4:30 p.m. is something that probably will not happen. Also, having no turns during certain specific times would be very confusing to people entering the intersection. Bill McKinley Traffic Engineer said that what was put up was basically to protect the low volume of students going to and from Peterson Elementary School. Council Member Kamen Council Member Kamen said it would be nice if all children could be taken to school by their parents or by bus but that is not practical; and he said he has a problem with this in general. Council Member Cole left the Bench. Motion -- Ferris moved that this Item be referred to CPO 5; notice of the date, place, and time of the public hearing be sent to Peterson Elementary School (so that parents may be notified); and that the Item be returned to the City Council after the CPO -- carried hearing. Motion carried 6 to 0. (Cole absent) RECESS The City Council recessed at 11:20 a.m. and returned at 11:35 a.m. Council Members Cather, Cole; absent. SOLID WASTE PLAN SOLID WASTE PLAN FOR WICHITA AND SEDGWICK COUNTY. Steve Lackey Director of Public Works reviewed the Item. Agenda Report No. 96-209. Under state law, every county in Kansas is required to develop a solid waste plan. The law also provides for a county to enter into an interlocal agreement with a city in the county to act as the solid waste planning agency for the county. Such an interlocal agreement was entered into between the City of Wichita and Sedgwick County on October 12, 1993. Per the requirements of state law and the terms of the interlocal agreement, a Wichita-Sedgwick County Solid Waste Management Committee was formed to oversee the development of the solid waste plan for Sedgwick County. The Committee spent considerable time studying the key policy issues in anticipation of the development of a plan that would incorporate the results of that work and the solid waste strategy that had been developed to that point. This process was altered during the summer of 1995 when it became clear from the City Council that the City was not going to proceed with the development of the Kingsbury Landfill. The Committee then moved very quickly to develop a "Recommended Strategy for Solid Waste Management." This strategy formed the basis for a way to ensure solid waste capacity in the short run and to study and bring on line a solution in the longer term. On October 10, 1995, the City Council adopted the strategy. This strategy is included as a key part of the proposed solid waste plan. The proposed plan does not set out how Wichita and Sedgwick County will solve our solid waste problems, rather it describes how we will approach addressing these challenges. It incorporates as a major attachment the Integrated Solid Waste Plan completed for the City by Camp Dresser and McKee (CDM) in late 1992. This plan provides data on our planning region. The specific recommendations of the CDM plan are not included in this plan. The Kansas Department of Health and Environment (KDHE) has indicated to the City that it is not necessary for a community to know exactly how it will address its solid waste challenges. It is sufficient that a plan explain how a county will proceed to reach that point while providing for sound solid waste management in the interim. Part of the motivation for the adoption of this plan is that its approval by the State of Kansas will allow the City of Wichita and other public and private entities in Sedgwick County to apply for competitive state wide grants to implement solid waste plans. The State of Kansas anticipates to have $1,000,000 in grant moneys available for application every six months for the next two to three years. The Wichita-Sedgwick County Solid Waste Management Committee approved the solid waste plan and recommends to the City Council that the Council adopt the plan and submit it to the Kansas Department of Health and Environment for approval. The Kansas Department of Health and Environment will review the plan. Once accepted by them, the City will have completed its required initial planning work per the interlocal agreement with Sedgwick County. Council Members Cather, Cole; present. Milt Pollitt Milt Pollitt, Chairman of the Solid Waste Management Committee, said the Plan is an outline of requirements of State Statute and can be changed as the law is changed. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the Solid Waste Management Plan for Wichita and Sedgwick County and the Resolution be adopted; and staff be directed to forward same to the Kansas Department of Health and Environment for approval. Motion carried -- carried 7 to 0. RESOLUTION NO. R-96-092 A Resolution adopting a comprehensive solid waste management plan for Sedgwick County, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. (The Council proceeded to Item 8 and action is shown in Agenda order.) WATER/SEWER PROJECTS PUBLIC HEARING: PROPOSED ASSESSMENTS FOR WATER AND SEWER PROJECTS. Agenda Report No. 96-210. On March 5, 1996, the Council was notified that the proposed assessment rolls for construction of the following water and sewer projects had been prepared and were on file in the office of the City Clerk for public inspection: WATER PROJECTS: a. (448-88783/732057/470-283) - Construction of Water Distribution System Number 448-88783, Bradley Fair Addition (south of 21st, east of Rock), as authorized by Resolution No. R-94-037, adopted February 1, 1994, and published February 4, 1994, and by Rescinding Resolution No. R-94-213, adopted May 24, 1994, and published May 27, 1994. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996, in the amount of $34,635.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. b. (448-88851/732370/470-315) - Construction of Water Distribution System Number 448-88851, Harbor Isle Addition (east of Meridian, south of 53rd Street North), as authorized by Resolution No. R-94-323, adopted July 26, 1994, and published July 29, 1994, and by Rescinding Resolution No. R-94-528, adopted December 20, 1994, and published December 23, 1994. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996, in the amount of $123,842.00 is to be apportioned $47,059.96 to the improvement district and none to the City at large and $76,782.04 to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. c. (448-88768/732487/470-326) - Construction of Water Distribution System Number 448-88768, White Tail (south of 13th, west of 127th Street East), as authorized by Resolution No. R-93-487, adopted November 30, 1993, and published December 3, 1993. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996, in the amount of $59,824.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. d. (448-88769/732495/470-327) - Construction of Water Distribution System Number 448-88769, White Tail (south of 13th, west of 127th Street East), as authorized by Resolution No. R-93-488, adopted November 30, 1993, and published December 3, 1993. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996, in the amount of $102,321.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. e. (448-88872/732511/470-329) - Construction of Water Distribution System Number 448-88872 (north of 13th, east of 143rd Street East), as authorized by Resolution No. R-94-493, 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 23, 1996, in the amount of $58,244.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. f. (448-88895/732586/470-336) - Construction of Water Distribution System Number 448-88895 (north of 9th, east of I-135) , as authorized by Resolution No. R-95-100, adopted March 7, 1995, and published March 10, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996, in the amount of $43,040.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Water Utility Improvement Fund. The cost has been assessed on a square foot basis. g. (448-88896/732594/470-337) - Construction of Water Distribution System Number 448-88896 (north of 21st, west of Tyler), as authorized by Resolution No. R-95-110, adopted March 14, 1995, and published March 17, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996, in the amount of $64,628.00 is to be apportioned $51,702.40 to the improvement district and none to the City at large and $12,925.60 to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. h. (448-88904/732602/470-338) - Construction of Water Distribution System Number 448-88904, 45 Rock Road Industrial Park, (east of Rock, south of 45th Street North), as authorized by Resolution No. R-95-111, adopted March 14, 1995, and published March 17, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996, in the amount of $32,771.00 is to be apportioned $19,990.31 to the improvement district and none to the City at large and $12,780.69 to the Water Utility Improvement Fund. The cost has been assessed on a square foot basis. i. (448-88906/732610/470-339) - Construction of Water Distribution System Number 448-88906, Stoneborough Addition (west of Broadway, north of 55th Street South), as authorized by Resolution No. R-95-112, adopted March 14, 1995, and published March 17, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996, in the amount of $34,795.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. j. (448-88907/732628/470-340) - Construction of Water Distribution System Number 448-88907 (north of Pawnee, east of Maize), as authorized by Resolution No. R-95-141, adopted March 21, 1995, and published March 24, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996, in the amount of $167,022.00 is to be apportioned $21,712.86 to the improvement district and none to the City at large and $145,309.14 to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. k. (448-88900/732636/470-341) - Construction of Water Distribution System Number 448-88900 (north of Pawnee, east of Maize), as authorized by Resolution No. R-95-136, adopted March 21, 1995, and published March 24, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996, in the amount of $68,884.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. l. (448-88770/732644/470-342) - Construction of Water Distribution System Number 448-88770, White Tail (south of 13th, west of 127th Street East), as authorized by Resolution No. R-93-489, adopted November 30, 1993, and published December 3, 1993. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996, in the amount of $39,181.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. m. (448-88888/732651/470-343) - Construction of Water Distribution System Number 448-88888 (south of Kellogg, east of 119th Street West) as authorized by Resolution No. R-95- 133, adopted March 21, 1995, and published March 24, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996, in the amount of $51,558.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. n. (448-88905/732669/470-344) - Construction of Water Distribution System Number 448-88905 (north of Pawnee, east of Maize), as authorized by Resolution No. R-95-140, adopted March 21, 1995, and published March 24, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996, in the amount of $66,564.00 is to be apportioned $44,597.88 percent to the improvement district and none to the City at large and $21,996.12 to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. o. (448-88732/732677/470-345) - Construction of Water Distribution System Number 448-88732, Meadow Oaks Addition (south of 29th Street North, east of Oliver), as authorized by Resolution No. R-95-189, adopted April 25, 1995, and published April 28, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996, in the amount of $76,537.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. p. (448-88483/732693/470-347) - Construction of Water Distribution System Number 448-88483, Pawnee Mesa Third Addition (north of Pawnee, west of Lark), as authorized by Resolution, adopted September 18, 1990, and published September 21, 1990. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996 in the amount of $16,103.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. q. (448-88924/732701/470-348) - Construction of Water Distribution System Number 448-88924 (north of 21st, east of Tyler), as authorized by Resolution No. R-95-237, adopted May 23, 1995, and published May 26, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996, in the amount of $22,439.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. r. (448-88899/732719/470-349) - Construction of Water Distribution System Number 448-88899, Reflection Ridge 7th Addition (south of 29th, west of Ridge), as authorized by Resolution No. R-95-128, adopted March 21, 1995, and published March 24, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996, in the amount of $96,917.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. s. (448-88915/732735/470-351) - Construction of Water Distribution System Number 448-88915 (north of Pawnee, west of West Street), as authorized by Resolution No. R-95-178, adopted April 18, 1995, and published April 21, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 13, 1996, in the amount of $37,772.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. t. (448-88854/732743/470-352) - Construction of Water Distribution System Number 448-88854 (east of Meridian, south of 53rd Street North) , as authorized by Resolution No. R- 94-325, adopted July 26, 1994, and published July 29, 1994. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 13, 1996, in the amount of $41,914.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. u. (448-88868/732750/470-353) - Construction of Water Distribution System Number 448-88868 (east of Webb, north of Pawnee) , as authorized by Resolution No. R-95-042, adopted January 24, 1995, and published January 27, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996, in the amount of $58,077.00 is to be apportioned $37,750.05 to the improvement district and none to the City at large and $20,326.95 to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. v. (448-88729/732768/470-354) - Construction of Water Distribution System Number 448-88729, Lake Ridge 2nd Addition (north of 21st, east of Ridge), as authorized by Resolution No. R-93-420, adopted October 19, 1993, and published October 22, 1993. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 13, 1996 in the amount of $75,935.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. w. (448-88928/732776/470-355) - Construction of Water Distribution System Number 448-88928 (south of Kellogg, east of Tyler), as authorized by Resolution No. R-95-278, adopted June 27, 1995, and published June 30, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996, in the amount of $15,141.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Water Utility Improvement Fund. The cost has been assessed on a square foot basis. x. (448-88553/732784/470-356) - Construction of Water Distribution System Number 448-88553 (north of 13th, east of 119th Street West), as authorized by Resolution No. R-92-167, adopted March 17, 1992, and published March 20, 1992. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 13, 1996 in the amount of $45,707.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. y. (448-88925/732792/470-357) - Construction of Water Distribution System Number 448-88925 (north of Central, west of 119th Street West), as authorized by Resolution No. R- 95-297, adopted July 11, 1995, and published July 14, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 13, 1996, in the amount of $106,775.00 is to be apportioned $98,766.87 to the improvement district and none to the City at large and $8,008.13 to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. z. (448-88699/732818/470-359) - Construction of Water Distribution System Number 448-88699 (north of 29th Street North, west of Ridge), as authorized by Resolution No. R-93-127, adopted April 6, 1993, and published April 9, 1993, and by Rescinding Resolution No. R-95-309, adopted July 25, 1995, and published July 28, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 13, 1996 in the amount of $22,621.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. aa. (448-88700/732826/470-360) - Construction of Water Distribution System Number 448-88700 (north of 29th Street North, west of Ridge), as authorized by Resolution No. R-93-128, 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 February 13, 1996 in the amount of $29,469.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. SEWER PROJECTS: a. (468-82260/742031/480-295) - Construction of Lateral 19, Main 1, Cowskin Interceptor Sewer (west of Maize, south of Maple), as authorized by Resolution No. R-93-013, adopted January 5, 1993, and published January 8, 1993, and by Rescinding Resolution No. R-95-047, adopted January 31, 1995, and published February 3, 1995. Petition for this improvement was signed by owners representing 78 percent of the property ownership. The Statement of Cost approved January 23, 1996 in the amount of $209,794.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a square foot basis. b. (468-82407/742130/480-305) - Construction of Lateral 11, Main 13, Southwest Interceptor Sewer (north of Pawnee, west of Lark), as authorized by Resolution No. R-94-351, adopted August 16, 1994, and published August 19, 1994. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996 in the amount of $40,639.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a fractional basis. c. (468-82418/742155/480-307) - Construction of Lateral 155, Sanitary Sewer No. 22 (east of Hydraulic, south of 31st Street South), as authorized by Resolution No. R-94-390, adopted September 20, 1994, and published September 23, 1994, and by Repealing Resolution No. R-94-506, adopted December 6, 1994, and published December 9, 1994, and by Repealing Resolution No. R-95-164, adopted April 11, 1995, and published April 14, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996 in the amount of $156,536.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a fractional basis. d. (468-82433/742189/480-310) - Construction of Lateral 128, Main 4, Sanitary Sewer No. 23 (south of 37th Street North, west of Broadway), as authorized by Resolution No. R-94- 529, adopted December 20, 1994, and published December 23, 1994. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996 in the amount of $43,006.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a square foot basis. e. (468-82462/742247/480-316) - Construction of Lateral 345, Southwest Interceptor Sewer (north of Pawnee, east of Maize), as authorized by Resolution No. R-95-149, adopted March 21, 1995, and published March 24, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996 in the amount of $169,325.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a fractional basis. f. (468-82443/742254/480-317) - Construction of Lateral 12, Main 13, Southwest Interceptor Sewer (south of Kellogg, east of 119th Street West), as authorized by Resolution No. R-95-134, adopted March 21, 1995, and published March 24, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 13, 1996 in the amount of $122,343.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a fractional basis. g. (468-82340/742262/480-318) - Construction of Lateral 63, Main 5, Sanitary Sewer No. 23 (south of 29th Street North, east of Oliver), as authorized by Resolution No. R-95- 190, adopted April 25, 1995, and published April 28, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996 in the amount of $113,384.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a fractional basis. h. (468-82474/742270/480-319) - Construction of Lateral 30, Main 1, Westlink Sewer, as authorized by Resolution No. R-95-211, adopted May 9, 1995, and published May 12, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996 in the amount of $23,118.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a percentage basis. i. (468-82211/742288/480-320) - Construction of Lateral 312, Southwest Interceptor Sewer (south of 29th Street North, east of Tyler), as authorized by Resolution No. R-92-253, adopted April 21, 1992, and published April 24, 1992. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996 in the amount of $147,990.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a fractional basis. j. (468-82052/742296/480-321) - Construction of Lateral 57, Main 22, War Industries Sewer, as authorized by Resolution, adopted April 10, 1990, and published April 13, 1990. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996, in the amount of $51,924.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a fractional basis. k. (468-82469/742304/480-322) - Construction of Lateral 11, Main 14, Southwest Interceptor Sewer (north of Pawnee, west of West Street), as authorized by Resolution No. R- 95-179, adopted April 18, 1995, and published April 21, 1995, and by Rescinding Resolution R-95-390, adopted August 22, 1995, and published August 25, 1995, and by Amending Resolution No. R- 96-049, 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 January 23, 1996 in the amount of $71,291.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a fractional basis. l. (468-82408/742312/480-323) - Construction of Lateral 84, Sanitary Sewer No. 23, Harbor Isle Addition, (east of Meridian, south of 53rd Street North), as authorized by Resolution No. R-94-328, adopted July 26, 1994, and published July 29, 1994. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 13, 1996 in the amount of $74,534.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a fractional basis. m. (468-82480/742320/480-324) - Construction of Lateral 65, Main 22, War Industries sewer (north of 29th, east of Rock), as authorized by Resolution No. R-95-276, adopted June 20, 1995, and published June 23, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996 in the amount of $69,667.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a fractional basis. n. (468-82423/742338/480-325) - Construction of Lateral 126, War Industries Sewer (east of Webb, north of Pawnee), as authorized by Resolution No. R-95-043, adopted January 24, 1995, and published January 27, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996 in the amount of $32,101.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a square foot basis. o. (468-82335/742346/480-326) - Construction of Lateral 1, Main 16, Southwest Interceptor Sewer (north of 21st, east of Ridge), as authorized by Resolution No. R-93-422, adopted October 19, 1993, and published October 22, 1993, and by Rescinding Resolution No. R-95-279, adopted February 13, 1996, and published June 30, 1995, and by Rescinding Resolution No. R- 95-380, adopted August 15, 1995, and published August 18, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 13, 1996 in the amount of $332,585.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a fractional basis. p. (468-82158/742353/480-327) - Construction of Lateral 33, Main 12, Southwest Interceptor Sewer (south of 21st, east of 119th Street West), as authorized by Resolution No. R- 92-171, adopted March 17, 1992, and published March 20, 1992, and by Rescinding Resolution No. R-95-381, adopted August 15, 1995, and published August 18, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 13, 1996 in the amount of $53,584.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a fractional basis. q. (468-82477/742361/480-328) - Construction of Lateral 349, Southwest Interceptor Sewer, (north of Central, west of 119th Street West), as authorized by Resolution No. R- 95-299, adopted July 11, 1995, and published July 14, 1995, and Rescinding Resolution 95-525, adopted November 14, 1995 and published November 17, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 13, 1996 in the amount of $190,436.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a fractional basis. r. (468-82358/742379/480-329) - Construction of Lateral 82, Sanitary Sewer No. 23, The Moorings 5th Addition (west of Meridian, south of 53rd Street North), as authorized by Resolution No. R-94-059, adopted February 15, 1994, and published February 18, 1994. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 13, 1996 in the amount of $12,275.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a fractional basis. s. (468-82300/742395/480-331) - Construction of Lateral 2, Main 17, Southwest Interceptor Sewer (north of 29th, west of Ridge), as authorized by Resolution No. R-93-139, adopted April 6, 1993, and published April 9, 1993, and by Rescinding Resolution No. R-95-310, adopted July 25, 1995, and published July 28, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 13, 1996 in the amount of $95,664.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a fractional basis. t. (468-82301/742403/480-332) - Construction of Lateral 3, Main 17, Southwest Interceptor Sewer (north of 29th, west of Ridge), as authorized by Resolution No. R-93-140, adopted April 6, 1993, and published April 9, 1993, and by Rescinding Resolution No. R-95-311, adopted July 25, 1995, and published July 28, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 13, 1996 in the amount of $53,692.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a fractional basis. u. (468-82501/742411/480-333) - Construction of Lateral 51, Main 9, Sanitary Sewer No. 23 (west of Rock, south of 37th Street North), as authorized by Resolution No. R-95-373, adopted August 1, 1995, and published August 4, 1995, and by Rescinding Resolution No. 95-464, adopted October 10, 1995, and published October 13, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996 in the amount of $60,933.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a square foot basis. v. (468-82437/742429/480-334) - Construction of Lateral 341, Southwest Interceptor Sewer (west of Maize, south of 13th), as authorized by Resolution No. R-94-514, adopted December 13, 1994, and published December 16, 1994. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996 in the amount of $33,773.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a fractional basis. w. (468-82488/742437/480-335) - Construction of Lateral 352, Southwest Interceptor Sewer (east of Tyler, north of 21st), as authorized by Resolution No. R-95-324, adopted July 25, 1995, and published July 28, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 13, 1996 in the amount of $147,633.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a fractional basis. x. (468-81943/750570/485-093) - Construction of Storm Water Sewer No. 384, as authorized by Resolution , adopted February 14, 1989, and published February 17, 1989. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996 in the amount of $162,065.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a square foot basis. y. (468-82271/750612/485-097) - Construction of Storm Water Sewer No. 443 (south of 13th, west of Rock), as authorized by Resolution No. R-95-078, adopted February 28, 1995, and published March 3, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996 in the amount of $41,986.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a fractional basis. z. (468-82467/750620/485-098) - Construction of Storm Water Sewer No. 460 (north of Pawnee, east of Maize), as authorized by Resolution No. R-95-144, adopted March 21, 1995, and published March 24, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 13, 1996 in the amount of $107,641.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a fractional basis. aa. (468-82213/750646/485-100) - Construction of Storm Water Sewer No. 434 (south of 29th Street North, east of Tyler), as authorized by Resolution No. R-92-254, adopted April 21, 1992, and published April 24, 1992. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 13, 1996 in the amount of $192,723.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a fractional basis. bb. (468-82460/750653/485-101) - Construction of Storm Water Sewer No. 459 (south of 29th, west of Ridge) as authorized by Resolution No. R-95-129, adopted March 21, 1995, and published March 24, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 13, 1996 in the amount of $84,707.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a fractional basis. cc. (468-82226/750687/485-104) - Construction of Storm Water Sewer No. 436 (north of K-96, west of Rock Road), as authorized by Resolution No. R-92-427, adopted July 28, 1992, and published July 31, 1992, and by Rescinding Resolution No. R- 95-249, adopted June 6, 1995, and published June 9, 1995, and by Rescinding Resolution No. R-95-503, adopted October 31, 1995, and published November 3, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996 in the amount of $197,500.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a fractional basis. Hearing on each of the proposed assessment rolls has been set for 11:00 a.m., Tuesday, March 19, 1996. Notice of Public Hearing with respect to each of the projects was published March 8, 1996, being not less than 10 days prior to the date of hearing. on the date of publication, a "notice of hearing and proposed special assessment" on each project was mailed to property owners concerned. An informal hearing with City personnel was held on March 13, 1996 for the water projects, and on March 14, 1996, for the sewer projects. K.S.A. 10-1009 provides that all assessments shall bear interest at such rate as the Governing Body determines, not to exceed the rate allowed by law. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Council Member Kamen left the Bench. Motion -- Ferris moved that the Public Hearing be closed, the proposed assessments be -- carried approved, and the ordinances be placed on first reading. Motion carried 6 to 0. (Kamen 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 System Number 448-88783, Bradley Fair Addition (south of 21st, east of Rock), introduced and under the rules laid over. (448-88783/732057/470-283) 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 Number 448-88851, Harbor Isle Addition (east of Meridian, south of 53rd Street North), introduced and under the rules laid over. (448-88851/732370/470-315) 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 Number 448-88768, White Tail (south of 13th, west of 127th Street East), introduced and under the rules laid over. (448-88768/732487/470-326) 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 Number 448-88769, White Tail (south of 13th, west of 127th Street East), introduced and under the rules laid over. (448-88769/732495/470-327) 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 Number 448-88872 (north of 13th, east of 143rd Street East), introduced and under the rules laid over. (448-88872/732511/470-329) 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 Number 448-88895 (north of 9th, east of I-135), introduced and under the rules laid over. (448- 88895/732586/470-336) 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 Number 448-88896 (north of 21st, west of Tyler), introduced and under the rules laid over. (448- 88896/732594/470-337) 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 Number 448-88904, 45 Rock Road Industrial Park, (east of Rock, south of 45th Street North), introduced and under the rules laid over. (448- 88904/732602/470-338) 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 Number 448-88906, Stoneborough Addition (west of Broadway, north of 55th Street South), introduced and under the rules laid over. (448- 88906/732610/470-339) 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 Number 448-88907 (north of Pawnee, east of Maize), introduced and under the rules laid over. (448-88907/732628/470-340) 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 Number 448-88900 (north of Pawnee, east of Maize), introduced and under the rules laid over. (448-88900/732636/470-341) 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 Number 448-88770, White Tail (south of 13th, west of 127th Street East), introduced and under the rules laid over. (448-88770/732644/470-342) 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 Number 448-88888 (south of Kellogg, east of 119th Street West), introduced and under the rules laid over. (448-88888/732651/470-343) 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 Number 448-88905 (north of Pawnee, east of Maize), introduced and under the rules laid over. (448-88905/732669/470-344) 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 Number 448-88732, Meadow Oaks Addition (south of 29th Street North, east of Oliver), introduced and under the rules laid over. (448-88732/732677/470-345) 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 Number 448-88483, Pawnee Mesa Third Addition (north of Pawnee, west of Lark), introduced and under the rules laid over. (448-88483/732693/470-347) 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 Number 448-88924 (north of 21st, east of Tyler), introduced and under the rules laid over. (448- 88924/732701/470-348) 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 Number 448-88899, Reflection Ridge 7th Addition (south of 29th, west of Ridge), introduced and under the rules laid over. (448-88899/732719/470-349) 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 Number 448-88915 (north of Pawnee, west of West Street), introduced and under the rules laid over. (448-88915/732735/470-351) 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 Number 448-88854 (east of Meridian, south of 53rd Street North), introduced and under the rules laid over. (448-88854/732743/470-352) 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 Number 448-88868 (east of Webb, north of Pawnee), introduced and under the rules laid over. (448- 88868/732750/470-353) 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 Number 448-88729, Lake Ridge 2nd Addition (north of 21st, east of Ridge), introduced and under the rules laid over. (448-88729/732768/470-354) 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 Number 448-88928 (south of Kellogg, east of Tyler), introduced and under the rules laid over. (448-88928/732776/470-355) 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 Number 448-88553 (north of 13th, east of 119th Street West), introduced and under the rules laid over. (448-88553/732784/470-356) 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 Number 448-88925 (north of Central, west of 119th Street West), introduced and under the rules laid over. (448-88925/732792/470-357) 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 Number 448-88699 (north of 29th Street North, west of Ridge), introduced and under the rules laid over. (448-88699/732818/470-359) 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 Number 448-88700 (north of 29th Street North, west of Ridge), introduced and under the rules laid over. (448-88700/732826/470-360) 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 19, Main 1, Cowskin Interceptor Sewer (west of Maize, south of Maple), introduced and under the rules laid over. (468-82260/742031/480-295) 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 11, Main 13, Southwest Interceptor Sewer (north of Pawnee, west of Lark). (468-82407/742130/480-305) 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 155, Sanitary Sewer No. 22 (east of Hydraulic, south of 31st Street South), introduced and under the rules laid over. (468-82418/742155/480-307) 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, Main 4, Sanitary Sewer No. 23 (south of 37th Street North, west of Broadway), introduced and under the rules laid over. (468-82433/742189/480-310) 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 345, Southwest Interceptor Sewer (north of Pawnee, east of Maize), introduced and under the rules laid over. (468- 82462/742247/480-316) 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 12, Main 13, Southwest Interceptor Sewer (south of Kellogg, east of 119th Street West), introduced and under the rules laid over. (468-82443/742254/480-317) 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 63, Main 5, Sanitary Sewer No. 23 (south of 29th Street North, east of Oliver), introduced and under the rules laid over. (468-82340/742262/480-318) 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 30, Main 1, Westlink Sewer, introduced and under the rules laid over. (468-82474/742270/480-319) 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 312, Southwest Interceptor Sewer (south of 29th Street North, east of Tyler), introduced and under the rules laid over. (468-82211/742288/480-320) 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 57, Main 22, War Industries Sewer, introduced and under the rules laid over. (468-82052/742296/480-321) 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 11, Main 14, Southwest Interceptor Sewer (north of Pawnee, west of West Street), introduced and under the rules laid over. (468-82469/742304/480-322) 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 84, Sanitary Sewer No. 23, Harbor Isle Addition, (east of Meridian, south of 53rd Street North), introduced and under the rules laid over. (468-82408/742312/480-323) 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 65, Main 22, War Industries sewer (north of 29th, east of Rock), introduced and under the rules laid over. (468- 82480/742320/480-324) 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 126, War Industries Sewer (east of Webb, north of Pawnee), introduced and under the rules laid over. (468- 82423/742338/480-325) 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 1, Main 16, Southwest Interceptor Sewer (north of 21st, east of Ridge), introduced and under the rules laid over. (468-82335/742346/480-326) 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 33, Main 12, Southwest Interceptor Sewer (south of 21st, east of 119th Street West), introduced and under the rules laid over. (468-82158/742353/480-327) 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 349, Southwest Interceptor Sewer, (north of Central, west of 119th Street West), introduced and under the rules laid over. (468-82477/742361/480-328) 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 82, Sanitary Sewer No. 23, The Moorings 5th Addition (west of Meridian, south of 53rd Street North), introduced and under the rules laid over. (468-82358/742379/480-329) 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 2, Main 17, Southwest Interceptor Sewer (north of 29th, west of Ridge), introduced and under the rules laid over. (468-82300/742395/480-331) 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 3, Main 17, Southwest Interceptor Sewer (north of 29th, west of Ridge), introduced and under the rules laid over. (468-82301/742403/480-332) 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 51, Main 9, Sanitary Sewer No. 23 (west of Rock, south of 37th Street North), introduced and under the rules laid over. (468-82501/742411/480-333) 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 341, Southwest Interceptor Sewer (west of Maize, south of 13th), introduced and under the rules laid over. (468- 82437/742429/480-334) 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 352, Southwest Interceptor Sewer (east of Tyler, north of 21st), introduced and under the rules laid over. (468- 82488/742437/480-335) 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. 384, introduced and under the rules laid over. (468-81943/750570/485-093) 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. 443 (south of 13th, west of Rock), introduced and under the rules laid over. (468- 82271/750612/485-097) 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. 460 (north of Pawnee, east of Maize), introduced and under the rules laid over. (468- 82467/750620/485-098) 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. 434 (south of 29th Street North, east of Tyler), introduced and under the rules laid over. (468- 82213/750646/485-100) 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. 459 (south of 29th, west of Ridge), introduced and under the rules laid over. (468- 82460/750653/485-101) 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. 436 (north of K-96, west of Rock Road), introduced and under the rules laid over. (468- 82226/750687/485-104) Council Member Kamen present. HUD ALLOCATIONS 1996-97 HUD COMBINED ALLOCATIONS. (Item No. 8) Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-211. The Grants Review Committee held a public hearing February 20-21, 1996 to provide an opportunity for City departments, non-City applicants and interested persons to address the Committee regarding applications for 1996-1997 program year funding. Copies of the seventy-nine (79) requests totaling $8,377,869 were provided the Grants Review Committee for review and comment. Recommendations from that body have been provided to the City Council. The 1996-1997 combined HUD funding for Wichita includes: Community Development Block Grant (CDBG) - $4,045,000; HOME Investments Partnership (HOME) - $1,613,000; and Emergency Shelter Grant (ESG) - $144,000. Funding requests for each program are listed by categories. Each grant program is restricted to certain federal allocation limits which cannot be exceeded. These are listed for each grant program as follows: CDBG $1,150,000 Public Services 20% Planning and Administration HOME 15% Neighborhood-Based Non- Profits(CHODOs) 10% Administration ESG 30% Essential Services 30% Homeless Prevention 5% Administration Based on the federal restrictions and Priority Needs, recommended funding allocations have been prepared for City Council consideration. The City Council has the option of accepting the recommendations or modifying the funding allocations, subject to federal allocation limits. A summary of CDBG requests by category is as follows: Category Requests Capital Development $ 845,920 Housing 2,185,568 Public Services 2,105,027 Planning & Administration 625,242 Other 145,208 Total Requests $5,906,965 A summary of HOME requests by category is as follows: Category Requests Non-CHODO $1,647,301 CHODO 525,000 Total Requests $2,172,301 A summary of Emergency Shelter Grant requests by category is as follows: Category Requests Rehabilitation $ 58,000 Maintenance & Operation 110,155 Essential Services 45,216 Homeless Prevention 78,032 Administration 7,200 Total Requests $298,603 The national objectives of the Community Development Act are to principally benefit low/moderate income persons, eliminate slum and blight, or meet other urgent community needs. The HOME program also must primarily benefit low/moderate income persons and the ESG program must benefit homeless persons. In l994, the City Council established Priority Needs to guide use of HUD funds. In addition to the Priority Needs, staff utilized the Neighborhood Initiative, Strategic Agenda and Council goals to develop its recommendations. The federal requirement of a combined funding application has complicated the process of allocating these funds. As in prior years, allocation of funds considers efforts to maximize collaborative efforts by community agencies and encouragement of private involvement. The 1996-1997 CDBG grant is $4,045,000; the HOME grant is $1,613,000; and the ESG grant is $144,000. The allocations made will be effective July 1, 1996. The City has met federal requirements in the allocation of funds. Prior to final allocations/payments, each project must be verified for eligibility for use of the respective grant funds. Subsequent to the allocation of funds, staff will prepare a One Year Action plan of activities to be funded. A draft One Year Action Plan will be presented to the City Council for consideration prior to being made available for a required thirty (30) day public review and comment period. At the end of the comment period, the final plan will be submitted to the City Council for approval and authorization to submit to HUD. Council Member Ferris momentarily absent. Chris Cherches City Manager, responding to a question, explained that the Grants Review Committee did not have all of the information on the background of the Cities in Schools. This will represent the third year of funding for the program. It is felt that, based on performance standards submitted in previous years, along with this year's submission, Cities in School has exceeded all performance standards and become the most valuable addition to the Lighted School Community Education Program. Staff felt, based on the activities, the collaboration with the Colvin neighborhood school, and activities Cities in Schools is involved in within the school system, this is a worthy program. Because Cities in Schools has exceeded what was indicated would be accomplished, Staff felt third year funding should be given. Regarding Inter-Faith Ministries, C-75, the City Manager said Inter-Faith Ministries would be receiving $100,800 from Community Development Funds and Home Funds. Inter-Faith applied for a number of applications and Staff recommends a total of $100,800. The YWCA is receiving $170,000 which is based on historical allocations from the City. Council Member Rogers Council Member Rogers stated that the expansion of the Committee and the work and time put in is commendable. Conceptually, in certain smaller communities within Wichita, historically the City has not provided the kind of support that enables, organizationally, those structures to grow and develop. There are significant organizations that because of that kind of funding have only had a limited role in terms of what they could do. What they have done has been done extremely well. Perhaps the Grants Review Committee and/or City Staff are not fully aware of the significance of some of the smaller operations and the significant role they are playing and how the persons they are serving are infusing themselves throughout the community as a result of the kinds of experiences they have had in those organizations. There some additional funds available from a number of other paybacks through the CDBG Program. Council Member Rogers asked that he be allowed to work with Staff on some specific matters to bring back to the Council at a later date. Motion -- Approve funding allocations for the City's 1996-97 HUD Consolidated Plan/Combined Application and authorize preparation of the one year action plan. Motion -- carried carried 7 to 0. HUD - CDBG LOAN AMENDMENT TO HUD CONSOLIDATED PLAN - CDBG LOAN. Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-212. The City has been working with WI/SE to recruit a new company to locate in Wichita. Wichita is in competition with other cities for the company. WI/SE has requested assistance and support from both the State and City to recruit the company to Wichita. An incentive CDBG loan in the amount of $90,000 is being considered as a part of a package arrangement with the company. CDBG funds can be used for special economic development activities to provide assistance to for-profit companies to initiate or expand businesses. CDBG funds can be used for infrastructure, equipment, loans, grants, and interest supplements. The CDBG program permits special economic development activities if certain conditions are met. The proposed project addresses a high priority in the Consolidated (#8 priority, business expansion/retention). The proposed project is a substantial amendment to the HUD Consolidated Plan requiring the following actions be undertaken: A. Amend the HUD Consolidated Plan to include the proposed activity. B. Publish a notice and permit 30 days for public comment on the amendment. C. Hold a public hearing to receive comment on the amendment. D. Approve the amendment and submit the final amendment to HUD. The total estimated CDBG loan amount would be $90,000 and would be secured by the appropriate security. The loan would be based on published national prime interest rates. A portion or all of the loan would be reduced dependent upon the creation of full-time permanent jobs and other private investment over certain minimum levels. A thirty day public comment period is required to substantially amend the HUD Consolidated Plan. If approved, the public comment period would begin March 21, 1996, and end April 21, 1996. The City Council must hold a public hearing prior to final approval of the substantial amendment to the Consolidated Plan. Should the City Council choose to do so, both the public hearing and final approval of the substantial amendment could be held on April 23, 1996. Chris Cherches City Manager, responding to a question, said the wage scale will average about $9.00/hour with paid health insurance. Council Member Rogers Council Member Rogers said his concern is that he is not in favor of the manner in which some of the negotiations are taking place. "I feel as if I am being asked to make decisions after a decision has been made - or at least it has been implied that I would go along with it." "I think WI/SE did not deal with this in a very reasonable way. They initiated it, they planned it, they negotiated it, and the assumption was that the Council would go ahead and go along with it. And, I really do not have great problems with it, in terms of encouraging new businesses to come to town but I do not see that they have brought anything to the table that they would not have put on the table whether there were incentives or not." Mayor Knight Mayor Knight stated that he would like the Council to go ahead and approve the Item. Mayor Knight said he would try to make a better representation on behalf of the Council. There have been commitments made to companies the City is trying to attract and these commitments have to be respected and supported. Some things can probably be done privately to clarify future positions on these matters. Council Member Rogers Council Member Rogers spoke in support of this Item and that he believes the Company is good and companies should be encouraged to come to Wichita. As it looks, this Company is not making any additional considerations as a result of CDBG money that they would not have made anyway. It needs to be clearly understood what the Council's additional role in the utilization of CDBG moneys ought to be in the future. The Council needs to be apprised at a much earlier date when incentives are being provided to a new or existing business. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that Staff be authorized to negotiate a CDBG Special Economic Development Loan and prepare an amendment to the HUD Consolidated Plan. Motion -- carried carried 7 to 0. MUNICIPAL COURT AUTHORIZATION OF DOCUMENTS RELATED TO MUNICIPAL COURT OPERATIONS. Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-213. The Municipal Court "Loaned Executive" Task Force, comprising individuals with a knowledge of both the legal system and also of good business and operational practices completed its report in August 1995. The City Manager then directed the formation of internal task teams to address the recommendations presented in the Municipal Court Task Force Report. The City Council was presented with the findings of internal staff teams on March 5, 1996. The internal task team report set forth a series of specific tasks which identified budgetary impacts, required policy/ordinance actions, the current status and the individual responsible for completion of the task. The following task teams were formed to address the recommendations of the Municipal Court Task Force report: mission statement; data management; organizational structure of Municipal Court; judicial selection and compensation; traffic court; indigent defense; warrant office; and court rules. Each task team developed specific tasks to address problem areas and many of the tasks require City Council authorization for policy approval and/or budget authority. Additionally, recommendations which are ready for Council authorization are set forth below. The development of the Mission Statement resulted from input provided by Municipal Court staff and judges, along with staff from Police, Law, Finance, and the City's Manager's Office as well as input from public defenders. The recommended action is approval of the Mission Statement. The task team studied information management of the court system. The following tasks need to be accomplished immediately: develop a policy for pulling and filing cases; develop policies and procedures for reliable records; implement an indexing system and design an optical imaging system. To accomplish tasks associated with records/information management, the City is seeking consulting services to assist staff in the organization and management of case files which will result in a reliable data management system. The goal will be to move from the current duel system, which is a paper system and computer system, to a reliable, accurate, and more efficient computerized data management system. The recommended action is to authorize a contract with the consultant for data management services. In addition to the data management services contract, staff also recommended authorization for utilizing a collection agency to collect past due accounts, charging interest on past due accounts, assessing a graduated court cost for nonpayment and utilizing state income tax and tag renewal set-offs for collections. The recommended action is to authorize staff to proceed with initiating an RFP for a collection agency, to authorize the actions listed above. Based upon the recommendations of the Municipal Court Task Force, the Law department has prepared a charter ordinance and simple ordinance for Council consideration. The charter and simple ordinances revise the reporting structure and reflect the powers and duties of the judges and the reporting line of the Court Administrator to the City Manager for administrative matters, to the Administrative Judge for policy directions of the Municipal Court, and for providing services to the judges. The charter ordinance also directs the Municipal Court Judges to communicate with the City Council, on a regular basis (quarterly), the activities of the court and to also provide regular (quarterly) written reports. The recommended action is to approve the simple and charter ordinance provisions described above. The Municipal Court Task Force made several recommendations relating to judicial selection and compensation. One ordinance, relating to modifications to the compensation schedule, was approved with the adoption of the December 1995, annual salary ordinance. The charter ordinance presented for consideration includes provisions to modify: the selection process for judges (three appointments by the City Council and two appointments by the Bar Association to the selection committee); and authorize participation by the Municipal Court Judges in political activity (same guidelines that govern political activity by City employees would apply to judges). The recommended action is to approve the charter ordinance provisions as outlined above. To address the case load associated with traffic violations, the Task Force recommended the establishment of Traffic Court at neighborhood locations and the establishment of an Administrative Traffic Court. The latter will require extensive modifications to existing traffic court ordinances, and thus will be presented for Council consideration at a later date. Establishment of traffic court at neighborhood locations will allow citizens to enter a plea of guilty or no contest to traffic charges and provide an opportunity to speak to the judge regarding mitigating circumstances of the case. The judge would listen to the citizen's account and determine if it's appropriate to reduce or waive the fine. The recommended action is for the Council to approve an ordinance which establishes a pilot program at the East and West substations which are currently utilized for Neighborhood Court during the evening hours. The number of cases assigned to public defenders slows the court process, creates a backlog of cases and does not serve the needs of those who are truly indigent. To address these concerns, the internal task team recommended a number of specific actions. The Law Department prepared ordinance revisions which provides prosecutors with the authority to determine if jail time should be requested as the penalty for the offense. If jail time is not requested, and the defendant waives their right to counsel, a public defender will not be appointed. Additionally, the internal task team recommended initiating a Request for Proposal (RFP) for public defender services to be provided during all days of court, for all court dockets. This would eliminate the problem of indigent defense cases being heard only on Tuesdays and Thursdays and would provide better service to the defendants. The proposal would require providing telephone and visiting services by the public defenders. The recommended actions are to approve the ordinances relating to seeking jail time as a penalty and to authorize the issuance of an RFP for indigent defense services. The internal task teams addressed the recommendations of the Municipal Court Task Force Report and defined the following actions for Council consideration. The first, is a recommendation to upgrade Service Officer positions to provide the "power of arrest." This would enable Services Officers to enforce warrants by telephone and to personally serve warrants. A second recommendation is to authorize a $15 fee for bench warrants. Currently a fee does not exist for this enforcement activity. Additionally, it was recommended that the fee for traffic warrants be increased from $10 to $15. In addition, the ordinance provides modifications for a continuance fee, the warrant fee, the fee for extension of time to pay, the probation fee, and state mandated fees. Further, the ordinance includes clean-up provisions regarding the fee structure for the Domestic Violence Program and City Public Defenders. A third recommendation is to authorize a vehicle "booting program" which would allow a vehicle to be "booted" when there are ten outstanding parking tickets. A fourth recommendation is to authorize staff to proceed with an amnesty program which would purge the system of old warrants. The recommended action is to approve the tasks listed (above) relating to warrant operations which include the ordinance revisions for court costs and fees. The actions defined above, as well as other actions included in the Municipal Court report, have budgetary impacts. The City Council has already authorized $534,370 in the 1996 Budget. In 1995, the City Council authorized $200,000 to implement Municipal Court Task Force recommendations. This funding source is to be reauthorized for 1996. Additionally, $396,430 is being requested from the Public Safety Initiative Appropriation. Court fees for public defender services and a bench warrant fee are estimated to generate $126,000 and $42,188 respectively. The 1996 proposed budget for Municipal Court improvements is $1,298,988. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Roger Huey Roger Huey, Wichita Bar Association, said the Bar Association is very supportive of the resource improvement aspects of this plan. The Bar Association's position, generally, on court improvements is that independence of the judiciary is very strongly supported. There are two aspects of the plan that are of concern: (1) The selection of the persons who will vacancies on the Municipal Court. The background of this is that a few years ago the District Court sent nominees. After a while, that did not work and the District Court would have no more to do with the procedure. The City then approached the Bar Association to have a Bar nominating commission send nominees to the City Council; the process was put in place and has worked smoothly. The proposal to amend Charter Ordinance No. 90 goes one step further than, and less desirable than, what the Task Force recommended. The Task Force and City Staff recommends that the majority of the Nominating Commission be appointed by the City Council. The City Council would appoint the judges and a majority of the nominating commission. "We believe that detracts from the appearance of independence of the judiciary." The stated reason by the Task Force was to make the Commission more politically responsible. "We believe that this ought to be less political rather than more political." The proposed ordinance goes one step further. It grants the City Council the new authority to reject even the two minority members proposed by the Bar Association. The City is asked to postpone final consideration of this ordinance until the Bar Association can study the Ordinance and make response. (2) The second issue is, in several respects, there are several different ways in which the office of the City Manager would be given more authority over the courts. It is believed, in general, that is not desirable. The Bar Association believes the courts should be independent of political considerations and independent of the executive and legislative function. That is just good government. It is believed the courts ought to have control over their own dockets. It is a judicial function to decide how much time a case will take to hear. Mayor Knight Mayor Knight said the President of the United States is not bound by the American Bar Association for his Supreme Court appointments, the Governor of the State of Kansas is not bound by the Kansas Bar Association for his appointments, and the Bar Association has not had, over the last 17 years any particular involvement, whatsoever, by any sitting City Council Member into the judicial affairs of Municipal Court. "What I care about is the effective dispensation of justice as it relates to the Municipal Court of the City of Wichita." Roger Huey Roger Huey expressed concern with Attachment C on Item 10, amendment of City Code Section 2.08.218 relating to establishment of the position of Municipal Court Administrator and the duties thereof. Council Member Cole Council Member Cole indicated that, in the last judge selection, she had difficulty with one of the recommended persons being the administrative judge. It looked as if it would not provide opportunity for an objective assessment to the degree that someone not truly working in that position would provide. Frank Ojile Frank Ojile, Bar Association Member, spoke regarding the collection of fines. Mr. Ojile said collection agencies cannot do what attorneys can do and suggested local law firms bid on the collection of fines. Chris Cherches City Manager said collection agency is a generic term and is not intended to preclude attorneys. Motion -- Cather moved that the Mission Statement be approved; a contract with the consultant for data management services be approved and the Mayor be authorized to sign; Staff be authorized to proceed with initiating and RFP for a collection agency; the Ordinance which establishes a pilot program at the east and west substations be placed on first reading; the Ordinances relating to seeking jail time as a penalty and authorizing the issuance of an RFP for indigent defense services be placed on first reading; the tasks relating to warrant operations be approved and the Ordinance amending court costs and fees be placed on first reading; the submitted budget be approved; and Items C (amending Section 2.08.218) and D (amending Charter Ordinance No. 90) be deferred two weeks. -- carried Motion carried 7 to 0. ORDINANCE An Ordinance creating Section 1.04.065 of the Code of the City of Wichita, Kansas, pertaining to the authority of the City Attorney to decline to seek imposition of a sentence of incarceration for charges filed with the Wichita Municipal Court, introduced and under the rules laid over. ORDINANC