MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, March 26, 1996 Tuesday, 9:05 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Ferris, Gale, Rogers; present. Council Members Cather, Cole, *Kamen; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Patricia L. Burnett, Deputy City Clerk; present. The invocation was given by Joseph L. Cobb, Associate Pastor, First United Methodist Church. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. Minutes -- The minutes of the regular meeting of March 19, 1996, were -- approved approved 4 to 0. (Cather, Cole, Kamen; absent) AWARDS AND PRESENTATIONS PROCLAMATIONS Mayor Knight presented the Proclamations that were previously approved. *Council Member Kamen present. RECOGNITION The Boys & Girls Club Garden Project was recognized for development of the "Green Acres Garden" which won the 1996 Youth Garden Grant. UNFINISHED BUSINESS PAVING ASSESSMENTS PROPOSED ASSESSMENTS FOR PAVING PROJECT. Continued from March 19, 1996. Mike Lindebak City Engineer explained that this Item was withheld to give homeowners an opportunity to speak. k. (472-82436/762369/490-339) - Improving of Evergreen from the south line of Robin to the south line of Maple; Socora from the east line of Evergreen to the south line of University; Floyd from the east line of Evergreen to the south line of Maple; Topaz from the south line of Lot 8, Block 3, Carriage House Plaza 2nd Addition and the south line of Lot 5, Block E, Floyd Bailey 3rd Addition to the south line of University; Turquoise from the north line of Hendryx to the south line of Maple; and University from the east line of Evergreen to the west line of Woodchuck (south of Maple, east of Tyler), as authorized by Resolution No. R-94-057 adopted February 15, 1994, and published February 18, 1994. This improvement was ordered in by City Council. The Statement of Cost, including the cost of driveways, approved January 30, 1996, in the amount of $977,836.00 is to apportioned 91 percent to the improvement district and 9 percent to the City at large. The cost has been assessed on a square foot basis. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Leona Ratz Leona Ratz, 369 South Woodchuck, said all streets in the area were previously paved except the north end of Socora and Woodchuck. The taxes are unfair and there are no benefits from the paving - there is no improvement for her. Ms. Ratz said there is still standing water when it rains. The streets look nice but are of no benefit. Gene Waggoner Gene Waggoner, 365 South Woodchuck, said he has the same problems as Ms. Ratz has. He does not use the streets and should not have to pay for the improvements. Council Member Ferris Council Member Ferris asked that a report be provided on how Woodchuck paving was paid for when originally constructed, and who paid for the paving. Council Member Ferris said it is important to find out whether anyone contributed to the paving of Woodchuck. Motion -- Ferris moved that this Item be deferred one week so information requested can be -- carried provided. Motion carried 5 to 0. (Cather, Cole; absent) Council Member Rogers left the Bench. CITY COUNCIL AGENDA APPOINTMENTS APPOINTMENTS TO CITY BOARDS AND COMMISSIONS. Civil Rights and Services Board (1 vacancy - Cole) Wichita Public Building Commission (1 vacancy - Kamen) Appointments will be for terms expiring June 30, 1997. There were no appointments made. PROCLAMATIONS PROCLAMATIONS. -- African Americans in Aviation Celebration Days -- Fair Housing Month Motion -- carried Knight moved that the proclamations be authorized. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) CONSENT AGENDA Knight moved that the Consent Agenda, except Items 11, 21, and 24 b and c, be approved in accordance with the recommended action shown thereon. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED MARCH 25, 1996. At 10:00 a.m., Friday, March 22, 1996, pursuant to advertisements published, bids were received, publicly opened, read aloud and tabulated for the Board of Bids and Contracts: (Ref: Bid analysis report attached to Board of Bids Minutes 3/25/96) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Sewer Response Plan - Raise Buried Manholes (1996 - Set 1) at various locations. (468-82574/621284/) Traffic to be maintained through construction. (Council approval date 07-18-95) (District all) Dondlinger Const. Co., Inc - $89,175.00 (Engineer's Construction Estimate) Storm Water Sewer #415 to serve Smithmoor Third Addition (south of Harry, west of Greenwich). (468- 82118/750745/485110) Does not affect existing traffic. (Council approval date 05-21-91) (District II) WB Carter Const. Co., Inc - $70,738.00 (Engineer's Construction Estimate)* *Negotiated - JCM Knight moved that the contracts be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign the contracts for the City. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) HUMAN SERVICES DEPARTMENT/WICHITA HOUSING AUTHORITY: LAWN MOWING, TRIMMING, AND EDGING SERVICES (127027- 2802-WHA 166) AS PER SPECIFICATIONS Group 1 - Tony E. Rich - $700.00 (Total Net Bid) Item 1 - $14.00 Per Mowing Item 2 - 14.00 Per Mowing Item 3 - 14.00 Per Mowing Item 4 - 14.00 Per Mowing Item 5 - 14.00 Per Mowing Group 2 - Dubose Lawn Service - $2100.00 (Total Net Bid) Item 1 - $50.00 Per Mowing Item 2 - 40.00 Per Mowing Item 3 - 15.00 Per Mowing Group 3 - Four Star Lawn Care, Inc - $2400.00 (Total Net Bid) Item 1 - $50.00 Per Mowing Item 2 - 70.00 Per Mowing Knight moved that the contract be awarded as outlined above, same being the lowest and best bid. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) LICENSE APPLICATIONS APPLICATIONS FOR LICENSES. Escort Service. Terry Herl New Elite Dating2415 S. Glendale Retail Cereal Malt Beverages. Renewal 1996 (Consumption on Premises) Larry S. Adair The Cedar Saloon & Eatery3906 E. 13th* *General Retailer--beer sales derive less than 50% of gross revenues. Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) PLANS AND SPECS. PLANS AND SPECIFICATIONS. a. 1996 Contract Maintenance Surface Milling and Asphalt Concrete Overlay of Arterial Streets at various locations. (132282/630418 (MH Adj)/112000/533000) Traffic to be maintained through construction. (Council approval date 01-23- 96) (District all) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., March 29, 1996. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) b. Bank Stabilization Repairs to the Wichita- Valley Center Flood Control Project: Little Arkansas River Floodway (north of the confluence with the Big Arkansas River and south of 77th Street North). (791335/435162) Does not affect existing traffic. (Council approval date 08-30-95) (District n/a) c. Providing and Delivering 24" Rip-Rap for the Wichita-Valley Center Flood Control Project - Phase I (south of 85th Street North and west of Valley Center). (791335/435162) Does not affect existing traffic. (Council approval date 08-30- 95) (District n/a) d. Water Line along St. Clair from Maple Street to Douglas. (448-88999/634444/544444) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 07-18-95) (District IV) e. Water Line along Meridian from Maple Street to Caroline, Martha from Meridian to St. Clair, and Third Street from Meridian to St. Clair. (448-88997/634428/544442) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 07-18-95) (District IV) f. 27th Street North from Volutsia to Hillside. (472-82620/617852/810040) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 08-08-95) (District I) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., April 5, 1996. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) g. 36" Water Main and appurtenances along McLean from Walnut to Maple. (448-88912/633487/544224) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 07-18-95) (District VI) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., April 12, 1996. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) SUBDIVISION PLANS AND SPECIFICATIONS. a. Water Distribution Systems to serve (88309) Cranmer Addition (north of 21st, west of Maize), (88348) Agape Addition (east of Maize, south of 23rd), (88633) Timber Ridge 2nd Addition (south of 21st, east of Maize), and 88939 Chadsworth Commercial 2nd Addition (north of 21st, east of Maize). (448- 88309/88348/88633/88939/732834/732842/732859/732917/470470361/47 0362/470363/ 470369) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 04-12-88/12-20-88/09-15-92/08-01-95) (District V) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., March 29, 1996. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) a. Topaz Circle and Topaz Court serving Lots 1 through 19, Block 1, Oak Ridge Addition (north of 29th, west of Ridge). (472-82662/763532/490456) Does not affect existing traffic. (Council approval date 12-12-95) (District 5) b. 29th Street North from the east line of Oak Ridge Addition to west line of Topaz Circle Oak Ridge Addition (1/2 mile west of Ridge Road). (472-82663/763540/490457) Twenty- Ninth Street shall be closed during construction. (Council approval date 03-26-96) (District 5) c. 29th Street North from the west line of Reflection Ridge 8th Addition to the west line of Lot 1, Block 4, Forset Lakes Addition (1/2 mile west of Ridge Road). (472- 82316/763557/490458) Twenty-Ninth Street shall be closed during construction. (Council approval date 04-06-93) (District 5) d. Westport from the west line of Windwood Addition to west line of Maize Road; Skyview from the south line of Windwood Addition to the south line of Westport; Lark Circle serving Lots 6 through 15, Block 3, from the north line of Lark Court to and including the cul-de-sac; Lark Court serving lots 17 through 27, Block 3, from the east line of Lark to and including the cul-de-sac, and; Lark from the north line of Westport to the north line of Lark court in Windwood Addition (south of 21st, west of Maize). (472-82648/763524/490455) Does not affect existing traffic. (Council approval date 11-21-95) (District 5) e. Main 18, Southwest Interceptor Sewer and Pump Station (#18) to serve and unplatted tract and Buckhead and Hickory Creek Estates Addition (south of 13th, west of 119th Street West). (468-82580/742585/480350) Does not affect existing traffic. (Council approval date 03-19-96) (District 5) f. Lift Station and Force Main in connection with Laterals 1 and 2, Main 18, Southwest Interceptor Sewer to serve Hickory Creek Estates Addition (south of 13th, west of 119th Street West). (468-82561/742593/480351) Does not affect existing traffic. (Council approval date 01-23-96) (District 5) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., April 5, 1996. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. 1996 Contract Maintenance Surface Milling and Asphalt Concrete Overlay of Arterial Streets at various locations - $475,500.00. (132282/630418(MH Adj) (112000/533000) Traffic to be maintained through construction. (Council approval date 01-23-96) (District all) b. 1996 Contract Maintenance Quickset Slurry Seal of Asphalt Streets at various locations - $314,252.00. (131557/112000) Traffic to be maintained through construction. (Council approval date 01-23-96) (District all) c. 1996 Arterial Sidewalk and Wheelchair Ramp Construction (Phase I) at various locations - $225,000.00. (472-82685/706317/405185) Traffic to be maintained through construction. (Council approval date 01-23-96) (District all) d. Eisenhower Avenue from the south line of Elm to the south line of Murdock, West Central Gardens Addition - $104,400.00. (472-82595/763128/490415) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 06-13-95) (District V) e. 16" Water Line along Hoover from Hendryx to Taft, and along Taft from Hoover to Meadowhaven (north of Kellogg, west of Hoover) - $120,000.00. (448- 88954/633115/544376) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 07-18-95) (District V) f. Storm Water #468 to serve Windwood Addition (south of 21st, west of Maize) - $155,000.00. (468- 82524/750760/485112) Does not affect existing traffic. (Council approval date 02-27-96) (District V) g. Storm Water Sewer #278 to serve Graf- Goldston and West Towne Baptist Church Addition (south of 21st, east of Maize) - $122,777.00. (468-81426/750786/ 485114) Does not affect existing traffic. (Council approval date 02-05-85) (District V) h. Storm Water Sewer #117 to serve Hickory Creek Estates Addition (south of 13th, west of 119th St. West) - $243,000.00. (468-82564/750778/485113) Does not affect existing traffic. (Council approval date 01-23-96) (District V) i. Water Distribution Systems to serve (88309) Cranmer Addition (north of 21st, west of Maize), (88348) Agape Addition (east of Maize, south of 23rd), (88633) Timber Ridge 2nd Addition (south of 21st, east of Maize), and (88939) Chadsworth Commercial 2nd Addition (north of 21st, east of Maize) - $203,000.00. (448-88309/732834/470361) (448- 88348/732842/470362) (448-88633/ 732859/470363) (448- 88939/732917/470369) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 04-12-88/12-20-88/09-15-92/08-01-95) (District V) j. Water Distribution System to serve Hickory Creek Estates Addition, Phase I (south of 13th, west of 119th St. West) - $110,000.00. (448-88981/733089/ 470386) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 01-23-96) (District V) k. Water Supply Line to serve Hickory Creek Estates Addition (south of 13th, west of 119th Street West) - $86,000.00. (448-88980/733071/470385) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 01-23-96) (District V) l. Stormwater Pumps for South Seneca Outfall Pump Station - $475,000.00 (468-82550/706135/420512) Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 4 to 0. (Cather, Cole, Rogers; absent) PETITIONS PETITION FOR WATER DISTRIBUTION SYSTEM TO SERVE LOTS 6 AND 7, BLOCK A, COMOTARA POWER CENTER SECOND ADDITION (WEST OF ROCK ROAD, NORTH OF 29TH STREET). (District II) Agenda Report No. 96-246. The signature on the petition represents 100% of the improvement district. The project provides water service to a new restaurant. The project budget is $50,000. The funding source is Special Assessments. Motion -- Knight moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 4 to 0. (Cather, Cole, Rogers; absent) RESOLUTION NO. R-96-103 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89014, Comotara Power Addition (west of Rock, north of 29th) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. PETITION TO PAVE 29TH STREET NORTH TO SERVE OAK RIDGE ADDITION (WEST OF RIDGE ROAD). (District V) Agenda Report No. 96-247. On December 12, 1995, the City Council approved a paving petition to extend 29th Street North serving Oak Ridge Addition. Based on recent bid prices, it is doubtful that the original petition amount is high enough to award a construction contract. A new petition with an increased budget has been submitted. The signatures on the new petition represent 100% of the improvement district. The original petition totaled $19,000. The new petition totals $34,000. The funding source is Special Assessments. Motion -- Knight moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 4 to 0. (Cather, Cole, Rogers; absent) RESOLUTION NO. R-96-104 Resolution of findings of advisability and Resolution authorizing improving of 29th Street North from the east line of Oak Ridge Addition to the west line of Topaz Circle, Project No. 472-82663 (north of 29th, west of Ridge) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. (Item No. 11) Council Member Rogers present. Chris Cherches City Manager reviewed the Item. a. Special Events. Agenda Report No. 96-248. In accordance with Special Event Procedures, event sponsors are to notify adjacent property owners and coordinate arrangements with Staff, subject to final approval by City Council. The following Special Event requests have been submitted: 1) Kansas Newman College Renaissance Faire Date of event: April 26-28, 1996 Location: Kansas Newman College, 3100 McCormick Avenue Street Closures: McCormick, K-42 to Sheridan 2) Wichita Racquet Club 1996 Fun Run/Walk Date of event: April 13, 1996 Location: Wichita Racquet Club, 1551 North Rock Road Street Closures: Rock Road (Right Lane) Inasmuch as possible, event sponsors are responsible for all costs associated with special events. Council Member Kamen Council Member Kamen asked that Staff review present policies with regard to closing arterial streets and look at whether or not the policies should be changed. Motion -- Kamen moved that the City Council approve the request subject to: (1) Event Sponsor notifying every property and/or business adjoining any portion of the closed street; (2) coordination of event arrangements with City Staff; (3) hiring off-duty public safety officers as required by the Police Department; (4) obtaining barricades to close the streets in accordance with requirements of Police, Fire and Public Works Departments; (5) submitting a certificate of insurance evidencing general liability insurance which covers the event and its related activities, including the naming of the City as an additional insured with respect to the event's use of the closed City streets. Motion carried -- carried 5 to 0. (Cather, Cole; absent) b. Ridge Road, 13th to 21st. Agenda Report No. 96-266. This jointly funded City/County project, along with the necessary corresponding agreements, was approved by the City Council on March 5, 1996. This section of Ridge Road is in both the City (south half) and the County (north half). Ritchie Paving was the successful bidder and project specifications allow closure during construction. The contractor expects to begin work on this project approximately April 15 with the removal of the existing roadway and installation of the storm drainage system. Completion of this project is estimated in July or August, depending upon weather conditions. The County will provide construction administration. The properties which access the City's portion - - the sports complex area -- will be accessed from 13th Street using a temporary roadway. The residential properties which access the County's portion will have access from Barrington Street. The residential neighborhood west of Ridge between 13th and 21st Streets will have access from 13th or 21st Streets and the existing residential streets. Ridge Road traffic will be detoured using 13th, Tyler Road and 21st Streets. Mayor Knight Mayor Knight expressed hope that City and County Public Works Departments and the City Managers might meet and review this matter and try to come to an understanding. It seems there should be an attempt to keep at least one lane of traffic open. Council Member Ferris Council Member Ferris said he was under the impression the County was going to make some accommodations and, if not, there may be serious problems Ridge Road abuts the West Urban Baseball Diamonds. There are thousands of cars at the Diamonds which exit on a daily basis. There is only one exit on 13th Street and it is physically impossible for cars to exit onto 13th Street. Motion -- Ferris moved that the County Commission be sent a formal request to make some type of allowance or procedure to carry traffic in the area to accommodate (at -- carried least through the summer) the West Urban traffic. Motion carried 5 to 0. (Cather, Cole; absent) (Council Member Rogers absent) CONSULTING ENGINEERS CONSTRUCTION ENGINEERING FOR RAISING SANITARY SEWER MANHOLES. (District II) Agenda Report No. 96-249. On February 15, 1994, the City Council approved an agreement with George Butler Associates, Inc. (GBA) to study, make recommendations and prepare specifications for proposed maintenance work and improvements to the sanitary sewer system. The design agreement with GBA required GBA to provide construction engineering services if requested by the City. Based on recommendations and specifications from GBA, the City will take bids March 22, 1996 for raising 123 manhole lids in the area generally bounded by Pawnee, Harry, Rock Road and Webb Road. Raising the manholes will help City crews address maintenance problems by making the manholes more accessible. Currently, these manholes are buried and difficult to locate and enter. The City's construction and inspection crews current work load does not allow sufficient staff time to administer this project. Staff recommends approval of a Supplemental Agreement with GBA to provide the construction engineering for the project. Payment to GBA for the number of days allowed in the construction contract will be made on a lump sum basis not to exceed $16,000. Payment to GBA for each additional day ($500 per day) inspection services are required will be made on a per diem basis not to exceed $5,000. The funding source is Sewer Utility, CIP Project S-4, with a budget authority for this project of $120,000. Motion -- Knight moved that the Supp. Agreement be approved and the Mayor be authorized -- carried to execute. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) SOUTH SENECA DRAINAGE OUTFALL. (District IV) Agenda Report No. 96-250. On August 31, 1993, the City Council approved an agreement with Mid-Kansas Engineering Consultants, Inc. (MKEC) to design South Seneca Drainage Outfall. The initial design concept for the project contemplated utilizing an existing drainage easement located in the Andrla Addition as well as additional property in the Andrla Addition and from an adjacent tract of land. The owner of both properties was and is utilizing a significant portion of the platted drainage easement for private purposes. As negotiations with the property owner ensued, it was determined that utilizing the portions of the platted drainage easement currently being used for private purposes would not constitute a compensable loss if the adjacent property were to be condemned. Conversely, however, staff believed that the probable condemnation award for the property "takes" outside of the drainage easement would include damages to the entire ownership, and would likely result in a total award of up to $200,000. Based on this likely outcome, MKEC developed an alternative alignment for the project that reroutes the drainage channel around the Andrla property. A Supplemental Agreement with MKEC for the additional work has been prepared. Payment to MKEC will be made on a cost plus percentage of cost basis not to exceed $31,000 and will be paid from funds available in the project budget. The funding source is Storm Water Utility. Motion -- Knight moved that the Supp. Agreement be approved and the Mayor be authorized -- carried to execute. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) PROPERTY ACQUISITION PARTIAL ACQUISITION OF 410 S. OLIVER (TRACT 49) FOR THE EAST KELLOGG/OLIVER IMPROVEMENT PROJECT. (District II) Agenda Report No. 96-251. The East Kellogg/Oliver Improvement Project received final approval and findings of no significant impact on all historic and environmental issues from the Federal Government in September 1995 and the City was given permission to begin active acquisition in the corridor. At the time of the granting of permission, there were 54 tracts not under contract. Council approved the hiring of Land Acquisitions, Inc. to negotiate the remaining property acquisitions and relocations. One of the parcels to be acquired is located at 410 South Oliver (Part of Lot 2, Block 2 in Terrace Addition to Wichita) and is owned by Janice L. Wyckoff. The property has 9,969 square feet of land and is improved with a 2,287 square foot single family residence. The property is currently occupied by the owner. The project requires the acquisition of 1,018 square feet of the site plus a temporary easement over 727 square feet of the site. The partial taking was appraised at $29,330 and the review appraiser concurred with this value. This amount was offered to the owner and accepted. As this acquisition has been approved as part of the Kellogg/Oliver Interchange Project, Federal funds will be available to offset 80% of the the transaction cost. Funds have been budgeted in the 1994 Capital Improvement Program. The funding source will be General Obligation bonds paid by local sales tax revenues. A budget of $31,330 includes: $29,330 for acquisition and $2,000 for closing costs, title insurance, etc. Council action has approved $17,781,134 of Local Sales Tax for right-of-way acquisition for this project. There is also $8,820,000 of Federal funds earmarked for acquisitions on an 80%/20% basis for a total budget of $26,601,134. The total project encompasses 75 acquisitions. Excluding pending Council action, 26 parcels have been acquired, 4 are in condemnation, and 9 are under contract. Total expenditures to date total $4,103,525. An additional $2,075,700 has been approved for a total encumbrance of $6,179,225. Motion -- Knight moved that the budget and the Contract be approved; and the Mayor be -- carried authorized to sign the necessary documents. ACQUISITION OF A PORTION OF PROPERTY LOCATED AT THE NORTHEAST CORNER OF MURDOCK AND BROADWAY (TRACT 10) FOR THE MURDOCK IMPROVEMENT PROJECT. (District VI) Agenda Report No. 96-252. The Murdock Improvement Project from Waco to Wabash, approved by City Council on June 14, 1994, will require the partial acquisition from fourteen tracts along Murdock from Waco to Wabash. One of these tracts is tract #10, which is owned by Mildred E. Craig. The property is more accurately described in the tract map and legal description. Murdock will be upgraded to a five lane arterial standard. The subject tract contains approximately 50.00 square feet. Due to the small size of the takings, the estimated value of the properties are minimal. The property owner has agreed to sell the property to the City of Wichita for $300. The 1994 Capital Improvement Program includes $150,000 to acquire the necessary right-of-way for the project along Murdock from Waco to Wabash. The funding source is General Obligation Bonds. The budget of $425 includes $300 for acquisition and $125 for closing costs, as well as title insurance. A budgeted amount of $3,675 has already been approved for the purchase of eight other tracts. After the purchase of this parcel, there will be two more tracts left to purchase for the project. Motion -- Knight moved that the budget and the Contract be approved; and the Mayor be -- carried authorized to sign the necessary documents. PROPERTY DISPOSITION SALE OF SURPLUS PROPERTY LOCATED ADJACENT TO 2401 NORTH PORTER. (District VI) Agenda Report No. 96-253. The City of Wichita has received an offer of $3,000 from William R. Culbertson on a property located adjacent to 2401 N. Porter which is legally described as: The South 30 feet of Lot 10, Block 5, Builders 7th Addition. The property was deeded to the City on November 19, 1952 as street right of way for High Street now 23rd Street. The street was never constructed; therefore, it was declared as surplus. A single family home was constructed on the remaining portion of the lot. This home is currently owned by William R. and Dana H. Culbertson. While attempting to sell their home, a survey was commissioned. After the survey was completed, it was discovered that the garage encroached upon the City property approximately 20 feet. The Culbertson's would like to purchase this property from the City in order to clear their title. The City Council declared the property as surplus on February 6, 1996. The offer calculates to $1.00 per square foot. An analysis of vacant property sold in the area of the subject listed a range of sales from $.32 to $2.88 per square foot with the majority of the sales around $.50 per square foot. The offer of $1.00 per square foot falls within this range and appears to be an acceptable offer. The City will retain a 10 foot ingress and egress easement be so the City may have access to the East bank of the river for maintenance purposes. The City will receive cash consideration for the sale of the property. The tract is currently exempted from property taxes. After the purchase, the property will return to the tax rolls. The City will receive all proceeds from the sale minus any associated administrative costs. All title, and closing costs will be split between the City and the buyer. Motion -- Knight moved that the Contract be approved and the Mayor be authorized to -- carried sign the necessary documents. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) INTER-FAITH CONTRACT CONTRACT WITH INTER-FAITH MINISTRIES. (District 6) Agenda Report No. 96-264. The City of Wichita has been awarded a grant by the Kansas Department of Commerce & Housing which includes partial funding for rehabilitation of Inter-Faith Inn, 320 E. Central. Inter-Faith Ministries has developed a plan for major rehabilitation of Inter-Faith Inn to enable them to serve 20 additional persons per day with shelter and to have a downtown feeding program for those who do not reside within the shelter. The total cost of the project is estimated at $400,000. This grant includes the purchase of commercial kitchen equipment and improvements to the fire alarm system. The contract is for $35,000. The funds are provided under the Stewart B. McKinney Homeless Assistance Act through the Kansas Department of Commerce and Housing. The required match will be provided by Inter-Faith Ministries. Motion -- Knight moved that the Contract be approved and the Mayor be authorized to -- carried execute. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) CONTRACT AMENDMENT CONTRACT AMENDMENT - REDRILLING TWO WATER SUPPLY WELLS. Agenda Report No. 96-255. The City of Wichita has 55 water supply wells located in the Equus Beds approximately 25 miles northwest of Wichita. These wells provide approximately 50% of Wichita's water supply. The City entered into a contract with Clarke Well and Equipment Co. to redrill two of the water supply wells in the Equus Beds after receiving bids on September 1, 1995. These two wells, M-20, and M-46, are no longer able to produce water, so in order to continue to utilize the existing water rights and other facilities at those sites, the wells must be redrilled. When the specifications were issued, the designs of these wells were based on the designs of the existing wells, and other previous test wells near the existing wells. However the specifications required the contractor to drill new test wells at the sites of the proposed wells, and to evaluate the results of those test drillings to determine the most productive designs for the new wells. Based on those evaluations, modifications to the original specifications were developed. Based on the test wells, it is recommended: that the depth of well M-20 be increased by 21 feet, and the amount of screens increased by 21 feet; and that the depth of well M-46 be increased by 71 feet, and the amount of screens increased by 66 feet. In order accomplish those modifications as a Change Order, the original contract would have to be increased by a total of $21,885.89, which is more than 25% of the original contract price of $53,439.29. Current City purchasing policies prohibit Change Orders that exceed the original contract price by more than 25%. However, these additional costs could not have been determined until the test wells were drilled. The scope of these changes, particularly for M-46, is much more than is normally found when the test wells are drilled, and it is possible that there is either a significant change in the geologic formation, or there was an error when M-46 was first drilled. The cost increase is based on an extension of the unit prices originally bid by the contractor, and only represent an increase in the lineal feet of drilling and pipe needed to complete the deeper wells. Because of the time delays associated with re-bidding this project, and the need to return these water supply wells to production, this work can be declared a matter of public exigency, and a contract modification can be made through negotiations with the contractor. The alternatives are to: 1) Negotiate a contract amendment with the contractor under the public exigency exception to the purchasing policy. 2) Take new bids to re-drill these wells. Taking new bids will significantly increase the time until these wells are available to supply water. 3) Stay with the original design, which will still yield viable, but less productive and efficient, wells. The original contract price was for $53,439.26, and the total cost of the recommended changes, including sales taxes, is $21,885.89, which will increase the total contract price to $75,325.15. This contract amendment would be 41% of the original contract amount, but the same unit prices would be used for the additional screens and drilling as were used for the original bid. These improvements are funded through the CIP, W-175, which had adequate funds to finance the project. Under 2.64020 (c) the City Manager has the authority to declare a matter a public exigency, and to directly negotiate with a contractor to perform work that exceeds the cost of $10,000 when a delay in a project would have an unwarranted affect on the public. Motion -- Knight moved that the Contract Amendment be approved and the Mayor be authorized -- carried to execute. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) FINANCIAL REPORT FEBRUARY 1996 MONTHLY FINANCIAL REPORT. Motion -- carried Knight moved that the Report be received and filed. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) RIVERBEND AGREEMENTS ENVIRONMENTAL INDEMNIFICATION AGREEMENT - RIVERBEND APARTMENTS, L.L.C. Agenda Report No. 96-256. The owner of an apartment complex at 2150 North Meridian has requested environmental indemnification from the City in order to facilitate the permanent financing for the apartment complex. The owner and lender are concerned about possible environmental liability due to the property's proximity to a old sanitary landfill (City dump #9) on land owned by the City. There is no reliable indication that the old landfill is the source of any contamination. Because of concern arising out of the existence of an old landfill on City-owned property, this agreement provides a way to determine the relationship between the City and the adjacent property in the event that contamination is later found to have originated from the landfill site. Under this agreement, the City of Wichita agrees to indemnify Riverbend Apartments, L.L.C. and its lenders from any liability arising out of environmental response costs resulting from environmental releases at the old landfill site. This indemnification does not create any City liability or responsibility for any contamination that may have originated from other sources or from the apartment property itself. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) WATER STORAGE AMEND. AMENDMENT TO CONTRACT FOR WATER STORAGE RESERVOIR. Agenda Report No. 96-257. In 1994, the City completed an updated Water Master Plan. One of the water system deficiencies identified in that Plan was the amount of treated water storage available to the City. The Plan also identified potential sites for storage facilities, including the waterworks campus adjacent to Sim Park Drive. The Water Master Plan included an evaluation of all of the City's water system facilities, including its pumping and storage facilities. The Master Plan identified a number of sites throughout the City where new storage facilities could be constructed. The most economical location is near the Hess Pump Station which is large enough for a 12 million gallon underground storage reservoir. Staff estimates that the cost to construct this new structure will be $4.5 million. The City's average day demand is approximately 60 million gallons. The City currently has 36 million gallons of usable storage. The installation of a vacuum priming system at the Hess Pump Station was recently completed and will increase the usable storage by 6 million gallons. The recent events involving the loss of power at the Water Treatment Plant emphasize the need for added storage capacity. In 1991, the City planned to build a storage reservoir at the proposed location and initiated a contract for design work. However, it was decided to construct the new reservoir at a different site closer to the Hess Pump Station resulting in a lower cost. Because much of the design work is completed, the City's consultant agrees to complete the design work for this storage reservoir for $63,800 which includes additional engineering work to allow for a potential building over the reservoir in the future. In addition to the design of the structure, bidding and construction inspection services will be needed at an additional cost of $93,000. The total engineering services costs for this project would be $156,800. It is estimated that it would cost $150,000 to $180,000 to select a different engineering firm to design the same project. Inspection services would be an additional cost. Total engineering costs through construction in the proposed contract represent 3-4% of construction costs as compared to a more typical 10-15% for most projects of similar complexity. This project would be constructed on existing Water and Sewer property between Hess Pump Station and the Mid- America All Indian Center. This area is in the "Museum District". The site proposed for this reservoir has been considered as a site for various recreational/cultural facilities. The proposed construction of the reservoir would not prevent the use of the site for other uses. The reservoir would be designed so that recreational, parking or new buildings could be constructed on the reservoir structure. This project is included in the City's amended 1995 CIP program (project W-551) at a budgeted amount of $4.5 million. This amount includes engineering services and construction costs. The City's Administrative Regulations require that projects with professional services fees and construction costs in excess of $10,000 be submitted to the City Council to initiate the project and that contracts in excess of $10,000 be approved by the City Council. Motion -- Knight moved that the Contract Amendment be approved and the Mayor be authorized -- carried to execute. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) I-235 LANDSCAPING I-235 LANDSCAPING, FROM 13TH STREET NORTH TO BROADWAY. (Districts V and VI) Agenda Report No. 96-265. The City's Capital Improvement Program includes a project to landscape the right-of-way along I-235, from 13th Street North to Broadway (CIP No. F-9302). The Kansas Department of Transportation has agreed to participate in the project funding. The project will provide trees, shrubs, and wildflower plantings in the freeway right-of-way. The estimated project cost is $291,000, with $58,000 paid by the City and $233,000 by federal funds administered by the State. The funding source for the City share is General Obligation Bonds. Motion -- Knight moved that the Project be approved; the Resolution be adopted; and the Agreement be approved and the Mayor be authorized to sign. Motion carried -- carried 4 to 0. (Cather, Cole, Rogers; absent) RESOLUTION NO. R-96-105 A Resolution authorizing the issuance of bonds by the City of Wichita at large for public improvements for landscaping along I-235 from 13th Street North to Broadway, Project No. 472-82674, presented. Knight moved that the Resolution be adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. GRANT APPLICATION ARTS IN EDUCATION GRANT APPLICATION TO KANSAS ARTS COMMISSION. Agenda Report No. 96-258. The City of Wichita Public Art Advisory Board proposes to submit in arts in education grant application to Kansas Arts Commission (KAC), for $25,000 to finance the expansion of the USD 259 School Sculpture Appreciation Project. The KAC will grant numerous grants for arts in education for the KAC 1997 fiscal year which runs from July 1, 1996, through June 30, 1997. Government and public agencies may apply for support to enhance, expand or initiate a pilot program providing the arts and an education in the arts for young people. This funding is designed to augment, not replace, local support for arts activities. Without this available KAC funding, or other funding sources, the above program expansion cannot occur. The budget funding for the Public Art program is sufficient to provide the required matching funds. The number of schools to which we can provide this education will only be implemented if funding is received from KAC or some other source, at no cost to the City. Motion -- Knight moved that the grant application be approved and the Mayor be authorized -- carried to sign a submittal letter. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) (Item No. 21) (Council Member Rogers present) CLAIM SETTLEMENT SWC, INC. V. CITY OF WICHITA. Motion -- carried Ferris moved that this Item be deferred one week. Motion carried 4 to 0. (Cather, Cole; absent) (Council Member Rogers absent) CLAIMS FILED REPORT REPORT ON CLAIMS FILED. Mary E. "Molly" Pottorf $ 22.09 Mary J. Ryan 296.00* Weber Bros. Farm 1,122.00 Jan Taylor 323.00 Shirley Locker 261.46 Susan L. Ferguson 227.47 Sondra Robison 230.29 Teresa Bomhoff 278.26 Diane D. Parrett 250.00 Janet King 47.66 Bonnie J. Kuhn 140.26 Margo Gerber 156.67 Ralph Rissmiller 141.27 Kenny Johnson 65.42 Jeffery T. White 400.00 Betty Childers 230.00* Marion Bishop 500.00 Douglas P. Lamar 78.00 Dianna Johnson 179.98 *Settled for lesser amounts. Motion -- carried Knight moved that the Report be received and filed. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) KELLOGG/OLIVER ORD. ORDINANCE PERTAINING TO EAST KELLOGG/OLIVER INTERCHANGE PROJECT. Agenda Report No. 96-260. The East Kellogg/Oliver Improvement Project received final approval and findings of no significant impact on all historic and environmental issues from the Federal Government in September 1995 and the City was giving permission to begin active acquisition for the project. There are 75 tracts required for the project. To date, 40 have been acquired, are under contract or are in eminent domain. Agreement has not been reached on the remaining tracts. Addresses, ownership, and appraised value are shown in Exhibit A. All structures will be demolished or moved for the project. City staff and consultants hired by the City have been attempting to negotiate a purchase of the identified properties for several months but has been unable to reach an agreement with the owners. The offer price and final owner- counter offers, where received, are shown as part of Exhibit A. Per Federal guidelines, offer values were set by review appraisals of certified appraisals. Staff and the consultants will continue to negotiate with the owners, but due to the construction schedule for the project, eminent domain proceedings need to be initiated in the near future. The cost of these acquisitions will be paid for by the City at large. Motion -- Knight moved that the Ordinance be placed on first reading. Motion carried -- carried 4 to 0. (Cather, Cole, Rogers; absent) ORDINANCE An Ordinance providing for the acquisition by eminent domain of certain private property, easements, and right-of-way therein, for the US-54 (East Kellogg) and Oliver Interchange project in the City of Wichita, Sedgwick County, Kansas; designating the lands required for such purposes and directing the City Attorney to file a petition in the District Court of Sedgwick County, Kansas, for acquisition of the lands, easements, and access control, therein taken and providing for payment of the cost thereof, introduced and under the rules laid over. ORDINANCES SECOND READING ORDINANCES. (First reading March 19, 1996) ORDINANCE NO. 43-048 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. Yeas: Ferris, Gale, Kamen, Knight. (472-82405/762260/490-329) Item 24 b and c b. (472-82376/762294/490-332) - North Shore Boulevard AND c. (472-82478/762642/490-367) - North Shore Circle (Council Member Rogers present) Council Member Ferris Council Member Ferris asked for a one-week deferral to work out some problems between the developer and neighbors. Motion -- carried Ferris moved that Items 24 b and c be deferred one week. Motion carried 5 to 0. (Cather, Cole; absent) (Council Member Rogers absent) ORDINANCE NO. 43-049 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (472-82510/762872/490-390) ORDINANCE NO. 43-050 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (472- 82053/763052/490-408) ORDINANCE NO. 43-051 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (472- 82006/763102/490-413) ORDINANCE NO. 43-052 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (448- 88783/732057/470-283) ORDINANCE NO. 43-053 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (448- 88851/732370/470-315) ORDINANCE NO. 43-054 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (448-88768/732487/470-326) ORDINANCE NO. 43-055 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (448-88769/732495/470-327) ORDINANCE NO. 43-056 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (448-88872/732511/470-329) ORDINANCE NO. 43-057 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (448-88895/732586/470-336) ORDINANCE NO. 43-058 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, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (448-88896/732594/470-337) ORDINANCE NO. 43-059 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (448-88904/732602/470-338) ORDINANCE NO. 43-060 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (448-88906/732610/470-339) ORDINANCE NO. 43-061 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (448-88907/732628/470-340) ORDINANCE NO. 43-062 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (448-88900/732636/470-341) ORDINANCE NO. 43-063 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (448-88770/732644/470-342) ORDINANCE NO. 43-064 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (448-88888/732651/470-343) ORDINANCE NO. 43-065 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (448-88905/732669/470-344) ORDINANCE NO. 43-066 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (448- 88732/732677/470-345) ORDINANCE NO. 43-067 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (448- 88483/732693/470-347) ORDINANCE NO. 43-068 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (448-88924/732701/470-348) ORDINANCE NO. 43-069 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (448- 88899/732719/470-349) ORDINANCE NO. 43-070 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (448-88915/732735/470-351) ORDINANCE NO. 43-071 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (448-88854/732743/470-352) ORDINANCE NO. 43-072 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (448-88868/732750/470-353) ORDINANCE NO. 43-073 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (448- 88729/732768/470-354) ORDINANCE NO. 43-074 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (448-88928/732776/470-355) ORDINANCE NO. 43-075 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (448-88553/732784/470-356) ORDINANCE NO. 43-076 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (448-88925/732792/470-357) ORDINANCE NO. 43-077 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (448-88699/732818/470-359) ORDINANCE NO. 43-078 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (448-88700/732826/470-360) ORDINANCE NO. 43-079 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (468-82260/742031/480-295) ORDINANCE NO. 43-080 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (468-82407/742130/480-305) ORDINANCE NO. 43-081 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (468-82418/742155/480-307) ORDINANCE NO. 43-082 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (468-82433/742189/480-310) ORDINANCE NO. 43-083 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (468-82462/742247/480-316) ORDINANCE NO. 43-084 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (468-82443/742254/480-317) ORDINANCE NO. 43-085 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (468-82340/742262/480-318) ORDINANCE NO. 43-086 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, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (468-82474/742270/480-319) ORDINANCE NO. 43-087 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (468-82211/742288/480-320) ORDINANCE NO. 43-088 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, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (468- 82052/742296/480-321) ORDINANCE NO. 43-089 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (468-82469/742304/480-322) ORDINANCE NO. 43-090 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (468- 82408/742312/480-323) ORDINANCE NO. 43-091 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (468-82480/742320/480-324) ORDINANCE NO. 43-092 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (468-82423/742338/480-325) ORDINANCE NO. 43-093 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (468-82335/742346/480-326) ORDINANCE NO. 43-094 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (468-82158/742353/480-327) ORDINANCE NO. 43-095 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (468-82477/742361/480-328) ORDINANCE NO. 43-096 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (468- 82358/742379/480-329) ORDINANCE NO. 43-097 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (468-82300/742395/480-331) ORDINANCE NO. 43-098 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (468-82301/742403/480-332) ORDINANCE NO. 43-099 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (468-82501/742411/480-333) ORDINANCE NO. 43-100 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (468-82437/742429/480-334) ORDINANCE NO. 43-101 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (468-82488/742437/480-335) ORDINANCE NO. 43-102 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, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (468-81943/750570/485-093) ORDINANCE NO. 43-103 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (468-82271/750612/485-097) ORDINANCE NO. 43-104 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (468-82467/750620/485-098) ORDINANCE NO. 43-105 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (468-82213/750646/485-100) ORDINANCE NO. 43-106 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (468-82460/750653/485-101) ORDINANCE NO. 43-107 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), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. (468-82226/750687/485-104) ORDINANCE NO. 43-108 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, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. ORDINANCE NO. 43-109 An Ordinance amending Section 1.04.210 of the Code of the City of Wichita, Kansas, pertaining to the appointment of legal counsel for indigent defendants in matters pending before the Municipal Court, and repealing the original of said Section, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. ORDINANCE NO. 43-110 An Ordinance amending Section 1.04.070 of the Code of the City of Wichita, Kansas, pertaining to costs and witness fees in cases before the Municipal Court Judge, and repealing the original of said Section, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. ORDINANCE NO. 43-111 An Ordinance amending Section 1.04.150 of the Code of the City of Wichita,Kansas, pertaining to the Neighborhood Municipal Court Judge, and repealing the original of said Section, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. ORDINANCE NO. 43-112 An Ordinance declaring McLean Boulevard from Meridian to Handley (472-82448) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof and the manner of payment of same, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. ORDINANCE NO. 43-113 An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 0. (Cather, Cole, Rogers; absent) Yeas: Ferris, Gale, Kamen, Knight. A 96-10 PLANNING AGENDA Council Member Rogers present. Chris Cherches City Manager stated that all Items could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Knight moved that all Planning Agenda Items be approved as consensus Items. -- carried Motion carried 5 to 0. (Cather, Cole; absent) S/D 95-80 S/D 95-80 - PLAT OF THE CRIGLER ADDITION, LOCATED EAST OF HILLSIDE AND NORTH OF 21ST STREET NORTH. (District I) Agenda Report No. 96-00 Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. A petition, 100%, has been submitted for sanitary sewer improvements. A Certificate of Petitions has also been submitted. In order to serve this site with sanitary sewer, an off-site utility easement has been provided. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. SEWER 100 Percent Petition for construction of Lateral 90, Sanitary Sewer No. 23 (North of 21st, east of Hillside) Project No. 468-82582 ($11,000 S.A.) (Hold for development) DOCUMENTS Easement from B.L. Atkison and Certificate of Petitions from Willard Crigler, Sr. Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 5 to 0. (Cather, Cole; absent) RESOLUTION NO. R-96-106 Resolution of findings of advisability and Resolution authorizing construction of Lateral 90, Sanitary Sewer No. 23 (North of 21st, east of Hillside) Project No. 468- 82582 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Gale, Kamen, Rogers, Knight. S/D 94-87 S/D 94-87 - Plat of the Davis Moore 12th Addition Located North of Kellogg and East of Maize Road. (District V) Agenda Report No. 96-00. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. (unanimous) A 100% petition has ben submitted for the improvement of Kellogg Drive adjacent to the site. A Certificate of Petitions has also been submitted. A contingent dedication of access has also been submitted which prevents access from this site to Kellogg until this highway is constructed to a freeway standard and/or Kellogg Drive is constructed and the City Engineer approves access to such a drive. A use restriction has also been submitted, as requested by Central Inspection, which limits development on this site in areas effected by unacceptable land fill materials. This site is within the noise impact area of Mid Continent Airport and an avigational easement and restrictive noise covenant were required. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. PAVING 100 Percent Petition for improving of Kellogg Drive from the east line of Lot 1, Block 1, to the west line of Lot 1, Block 1, to serve Davis Moore 12th Addition, Project No. 472-82690 (north of Kellogg, east of Maize) ($74,000 S.A.) (Hold for development) PAVING 100 Percent Petition for improving of Kellogg Drive from the east line of Lot 1, Block 2, to the west line of Lot 1, Block 2, to serve Davis Moore 12th Addition, Project No. 472-82691 (north of Kellogg, east of Maize) ($28,500 S.A.) (Hold for development) DOCUMENTS Easement, Certificate of Petitions, Restrictive Coenant, Dedication, and land use restriction from Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 5 to 0. (Cather, Cole; absent) RESOLUTION NO. R-96-107 Resolution of findings of advisability and Resolution authorizing improving of Kellogg Drive from the east line of Lot 1, Block 1, to the west line of Lot 1, Block 1, to serve Davis Moore 12th Addition, Project No. 472-82690 (north of Kellogg, east of Maize) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96-108 Resolution of findings of advisability and Resolution authorizing improving of Kellogg Drive from the east line of Lot 1, Block 2, to the west line of Lot 1, Block 2, to serve Davis Moore 12th Addition, Project No. 472-82691 (north of Kellogg, east of Maize) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Gale, Kamen, Rogers, Knight. S/D 95-74 S/D 95-74 - PLAT OF THE FOX POINTE SECOND ADDITION LOCATED SOUTH OF 29TH STREET NORTH AND WEST OF WEBB ROAD. (District II) Agenda Report No. 96-00. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. (9-1) Petitions, all 100%, have been submitted for sanitary sewer, municipal water and storm sewer improvements. A Certificate of Petitions has also been submitted. Streets, however, are being installed as private streets with a letter-of credit being provided as the guarantee that these streets will be built to the public standard. In order to provide for the ownership and maintenance of Reserves, the applicant has submitted a restrictive covenant. To provide for off-street parking, for lots adjacent to narrow streets, this covenant also requires that four (4) off-street spaces be provided for each such lot. In order to allow for the platting of a street (private) with a narrow or nonstandard right-of-way, a 15- foot street, drainage, and utility easement was platted with a restrictive covenant submitted which restricts how this easement can be used. This site is within the noise impact area of McConnell AFB and an avigational easement and restrictive noise covenant were required. A zone change (Z-3196) to "AA" One- family zoning is also under consideration for this site. The replatting of the site made the existing zoning (BB, office) no longer practical. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. The one negative Planning Commission vote basically involves the Commissioner's opposition to platting of any site involving floodways or floodplains. WATER 100 Percent Petition for construction of Water Distribution System Number 448-89019 (west of Webb, south of 29th) ($44,000 S.A.) (Hold for development) SEWER 100 Percent Petition for construction of Lateral 130, War Industries Sewer, Fox Pointe Second Addition (west of Webb, south of 29th) Project No. 468-82580 ($85,000 S.A.) (Hold for development) STORM SEWER 100 Percent Petition for construction of Storm Water Sewer No. 474 (west of Webb, south of 29th) Project No. 468-82579 ($16,000 S.A.) (Hold for development) DOCUMENTS Avigational Easement, Certificate of Petitions, and Restrictive Covenents from Leewood Homes, Inc. LETTER OF CREDIT Irrevocable Letter of Credit Number 008, dated March 11, 1996, from Wichita Federal Savings and Loan Association and signed by Gary K. Brown. Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign; and the Z-3196 -- carried Ordinance be placed on frst reading. Motion carried 5 to 0. (Cather, Cole; abs) RESOLUTION NO. R-96-109 Resolution of findings of advisability and Resolution authorizing construction of Lateral 130, War Industries Sewer, Fox Pointe Second Addition (west of Webb, south of 29th) Project No. 468-82580 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96-110 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Sewer No. 474 (west of Webb, south of 29th) Project No. 468-82579 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96-111 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89019 (west of Webb, south of 29th) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Gale, Kamen, Rogers, Knight. ORDINANCE An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, introduced and under the rules laid over. Z-3196 UNIFIED WORK PROGRAM Unified Work Program for Fiscal Year 1997. Agenda Report No. R-96-107. On March 14, 1996, the MAPC approved the FY-1997 UWP and enabling resolution. The FY-1997 (July 1, 1996, to June 30, 1997) UWP and Resolution authorize the Director of the MAPD to submit applications, negotiate agreements, and execute contracts in support of the UWP. The approval also includes provisions of matching funds in support of the UWP not to exceed $85,493. The United States Department of Transportation (DOT) stipulates that a UWP must accompany the Planning Department's annual application for federal monies. After the UWP is approved, it will be used as the authorization document for making applications for funds to support the local transportation planning programs. A Resolution is also presented which authorizes the Director of the MAPD to make application for federal funds up to a total of $349,470 which will provide funding for 6.25 staff positions and miscellaneous expenses. This will allow the MAPD to continue to evaluate the feasibility of transportation options and to develop strategies for implementing elements of the Transportation Plan. Motion -- Knight moved that the FY-1997 UWP be approved and the Resolution be adopted. -- carried Motion carried 5 to 0. (Cather, Cole; absent) RESOLUTION NO. R-96-112 A Resolution of the Wichita-Sedgwick County Metropolitan Area Planning Commission, authorizing the request of Planning funds, the filing of applications, the execution of contracts and agreements for federal and state grants, and the undertaking of the necessary planning work, presented. Knight moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Gale, Kamen, Rogers, Knight. RECESS The City Council recessed to workshop session at 9:40 a.m. and reconvened in regular session at 11:30 a.m. EXECUTIVE SESSION Motion -- Knight moved that the Council recess to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to pending and potential litigation, legal advice, and contract negotiations; and preliminary discussions relating to the acquisition of real property for public purposes; and the regular meeting be resumed at 1:00 -- carried p.m. in the City Council Chambers. Motion carried 5 to 0. (Cather, Cole; absent) RECESS Council recessed at 11:32 a.m. and reconvened in regular session at Mayor Knight Mayor Knight announced that, as a result of the Executive Session, the following action be taken: RAILROAD MERGER PROTEST. Motion -- Knight moved that the City Council work in concert with the Board of Commissioners of Sedgwick County to oppose the merger of Union Pacific and Southern Pacific Railroads, and that the City Attorney be authorized to work with the Sedgwick County Counselor in filing a joint petition and notice with the Federal Surface Transportation Board providing comments, requests for conditions, and other objections to the railroad merger because the merger will have a detrimental impact on the health, safety, and the environment of the City of -- carried Wichita and Sedgwick County. Motion carried 5 to 0. (Cather, Cole; absent) EXECUTIVE SESSION Motion -- Knight moved that the Council recess to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to pending and potential litigation, legal advice, and contract negotiations; and the regular meeting be resumed at 1:35 p.m. in the -- carried City Council Chambers. Motion carried 5 to 0. (Cather, Cole; absent) RECESS Council recessed at 1:04 p.m. and reconvened in regular session at 1:55 p.m. Mayor Knight Mayor Knight announced that no action was necessary as a result of the executive session. ADJOURNMENT The City Council adjourned at 1:55 p.m. Pat Burnett Deputy City Clerk Workshop Session on: WI/SE 1996 Business Advancement Committee Calling Campaign, Cheney Reservoir, Maple/Lewis Street and Douglas Street Bridge designs, and Gilbert/Mosley environmental clean up. COUNCIL PROCEEDINGS JOURNAL 160 MARCH 26, 1996 Page 12