MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, August 29, 1995 Tuesday, 9:08 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cather, Cole, Gale, Kamen, Rogers; present. *Council Member Ferris absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Patricia L. Burnett, Deputy City Clerk; present. The invocation was given by Sister Janet Scheiner, Order of Adorers of the Blood of Christ. 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 August 22, 1995, were -- approved approved 6 to 0. (Ferris absent) *Council Member Ferris present. AWARDS AND PRESENTATIONS SERVICE CITATIONS Mayor Knight presented Distinguished Service Citations to those present. PROCLAMATIONS Mayor Knight presented the Proclamations that were previously approved. PUBLIC AGENDA COMMENTS BY J.P. KELLY. J.P. Kelly J.P. Kelly spoke against the City downsizing by privatizing and exchanging living-wage jobs for minimum-wage jobs. COMMENTS BY PAT LEHMAN. Pat Lehman Pat Lehman spoke against privatization by the City. Ms. Lehman said current City employees would be turned into minimum wage, poverty stricken families. Twenty-five percent of contract/part-time jobs have no benefits which makes persons holding these jobs a burden to the City at large. COMMENTS BY MELANY BARNES. Melany Barnes Melany Barnes spoke against privatization by the City. Ms. Barnes said many bids for these services are low-balled and then supplements are required year after year which brings the costs back up to equal or greater than if the services had been provided by City employees. NEW BUSINESS PAVING PETITION PETITION TO PAVE UNIVERSITY, MCCOMAS TO KESSLER. (District IV) Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 95-699. Signatures on the petition represent 58% (11 of 19 owners) of the improvement district area. On August 10, 1995, CPO Council 4 voted 7-0 to recommend approval of the project. The neighborhood around University consists of modest, single-family homes. The existing sand street is difficult to maintain, drains poorly, and creates a dusty environment during periods of dry weather. The estimated project cost is $47,000 with $32,000 assessed to the improvement district and $15,000 paid by the City. The estimated rate of assessment to individual properties is $00.19 per square foot of ownership. The City share is for the cost of intersection construction. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Gale moved that the Petition be approved and the Resolution be adopted. Motion -- carried carried 7 to 0. RESOLUTION NO. R-95-394 Resolution of findings of advisability and Resolution authorizing improving of University Avenue from the east line of McComas to the east line of Kessler, Project No. 472-82636 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Gale moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. PAVING PETITION PETITION TO PAVE KESSLER, TAFT TO UNIVERSITY. (District IV) Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 95-700. Signatures on the petition represent 52% (8 of 14 owners) of the improvement district area. On August 10, 1995, CPO Council 4 voted 7-0 to recommend approval of the project. The neighborhood around Kessler consists of modest, single-family homes. The existing sand street is difficult to maintain, drains poorly, and creates a dusty environment during periods of dry weather. The estimated project cost is $75,000 with the total assessed to the improvement district. The method of assessment is the square foot basis. The rate of assessment to individual properties is $00.39 per square foot. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Gale moved that the Petition be approved and the Resolution be adopted. Motion -- carried carried 7 to 0. RESOLUTION No. R-95-395 Resolution of findings of advisability and Resolution authorizing improving of Kessler from Taft to University, Project No. 472-82635 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Gale moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. ROLLER HOCKEY REQUEST BY WICHITA AMATEUR HOCKEY ASSOCIATION TO USE PUBLIC PROPERTY FOR ROLLER HOCKEY RINK. Chris Cherches City Manager reviewed the Item. Agenda Report No. 95-701. In 1992, the City constructed a 9.7 million gallon finished water reservoir near the Hess Pump Station. At the time that the reservoir was constructed a parking lot was constructed on top of the reservoir to provide additional parking in the museum district. The parking lot was constructed as part of the reservoir project supplies additional parking for the museum district facilities (i.e Cowtown, Botanica, Art Museum and Indian Center). Presently, there is little demand for parking at that site. In 1994, the Water & Sewer Department was approached by the Wichita Amateur Hockey Association (WAHA) about using the parking lot for supervised roller hockey games. Staff advised those making the request that such would be permitted if: 1) proper insurance was provided, 2) it was understood that other events could be scheduled that would necessitate the use of the parking lot and that the use of the parking lot could not be exclusively for roller hockey and, 3) the facilities for designating the play area remained non- structural. This year, during the Riverfest, the group that had been using the lot for roller hockey games held a roller hockey tournament. As part of that tournament, a wooden containment structure was erected around the area that they were using for the roller hockey games. The structure was attached to the concrete parking surface with bolts drilled into the concrete. City staff was not advised that the structure was going to be constructed nor that it would be attached to the concrete. Staff has advised WAHA that the construction and the potential damage and liability it creates for the City without the City's informed consent is unacceptable. In response, WAHA has requested in writing that the City allow the use to continue. Staff believes that allowing this use to continue should be subject to City Council review and approval. The City Council should determine: 1) if this usage is acceptable, and if so, 2) under what conditions (i.e. insurance, repair guarantee, fees etc). Staff has identified three alternatives for the City Council to consider: 1) Authorize the use of the parking lot on the reservoir by WAHA for a roller hockey rink, but require that they: provide adequate bonds to assure the restoration of the parking lot after the rink is removed, acquire acceptable liability insurance, and require an annual "usage fee" (to be determined by City Council). 2) Authorize the use of the parking lot on the reservoir by WAHA for a roller hockey rink, but require that they provide adequate bonds to assure the restoration of the parking lot after the rink is removed, acquire suitable liability insurance, but do not charge a "usage fee". 3) Do not approve the use of this facility for a roller hockey rink, and direct staff to have WAHA remove the existing structure and to have WAHA repair damages to the parking lot. Staff recommends that under no circumstances should this use be allowed to continue without acceptable insurance/liability protection for the City. If Council authorizes the use of the facility, and wishes to institute a usage fee, staff will use the City's administrative regulation on cost recovery as guidance in determining the fee, or, alternatively, the City Council may direct staff on the amount of the fee. Chris Cherches City Manager said a request for a one week deferral of this Item had been made by the WAHA Board. Council Member Rogers Council Member Rogers said the issue is whether or not an organization can construct something on someone else's property without permission. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Ray Cody Ray Cody, WAHA, said there is a minimal fee charged and arrangements are made for lower fees from those who cannot afford the regular fee. Mr. Cody also said a certificate of insurance which covers the City had been provided. Mr. Cody said Frank Smith, former Director of Parks, had recommended the WAHA play at the Water Works. The bolts used to keep the barrier in place were inserted only 2 3/4 to 3 inches and, if removed, the bolt holes could be filled and sealed with no problem. The fees taken in by the WAHA average $3,000 per month and the funds go to take care of brochures, referee official, insurance, and other expenses. There are one-hour games every night from 6 p.m. to 10 p.m. There are 22 teams with 6 to 10 players per team. Council Member Ferris Council Member Ferris said he had no problem with continuing the hockey but that the participants should be charged for the costs to the City. The Public Works and Water and Sewer Departments could estimate the wear and tear on the surface and a bond could be posted which would cover the cost to restore the surface to the original condition. A monthly fee could be charged commensurate with the wear and tear on the public property. Council Member Kamen Council Member Kamen stated that $500,000 is not enough liability insurance and that he would like to see a financial statement and bylaws of the organization. Dale Brooks Dale Brooks said he had put the barrier in place and that he used 2½ to 3 inch long 3/8 inch bolts. The drill bit size used was the same as the bolt size. Mr. Brooks said participating children's grades have gone up and the grades must be maintained in order for the children to continue participating. Darcy Kimenski Darcy Kimenski, former pro-hockey player who works with the group, said this is a great place for children. The rink area has a smooth, safe surface. Frank Rhodes Frank Rhodes spoke in favor of the use of the area but said he did want a deferral of the Item. Mayor Knight Mayor Knight stated that that while it was true procedures were not followed, this should be turned into a positive opportunity if possible. Mayor Knight said he did not want staff to come up with reasons why this would not work but to figure a way to make it work. Council Member Kamen Council Member Kamen said the City should look for other recreational activities for the area and give other sports the same opportunity if there is no damage to the area. Motion -- Ferris moved that the City Manager and the Public Works and Water and Sewer Department Directors be instructed to evaluate what has been done on the site for structural problems and future problems that should cause the removal of the rink; if there is no indication of structural or future problems, an assessment should be done by appropriate staff as to the expected wear and tear; that there be negotiations with the individuals involved and the matter return to the Council in two weeks with a recommendation on whether the rink should be removed and, if that is not the case, what the appropriate fees would be for the -- carried continuation of the current situation. Motion carried 7 to 0. KDOT FUNDING REQUESTS PROJECT FUNDING REQUESTS TO KANSAS DEPARTMENT OF TRANSPORTATION (KDOT). Chris Cherches City Manager reviewed the Item. Agenda Report No. 95-702. As a continuation and enhancement of previous programs, the Kansas Department of Transportation (KDOT) is requesting project submittal for the KLINK Resurfacing, Geometric Improvement, and Economic Development projects. The KLINK project requests are for fiscal year 1998 (July 1, 1997, though June 30, 1998) and the Geometric and Economic Development projects are for fiscal year 1999 (July 1, 1998, through June 30, 1999). In addition, KDOT is accepting applications for the Transportation Enhancement Program. The Enhancement Program was established by the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991. The program has three main categories: Historic; Scenic and Environmental; and Pedestrian and Bicycle Facilities. KDOT is accepting applications for Fiscal Year 1998. Funding for this fiscal year will come only if the Federal Transportation Act is reauthorized, which has yet to be determined by Congress. Project requests must be submitted by September 1, 1995, and KDOT will announce the awards next spring. The KLINK, Geometric and Economic Development projects were developed by the Public Works Department, the City Manager's Office, and the Planning Department. The projects proposed for the Enhancement Program were developed by the Planning Department, working with private interest groups, the Wichita Public Works Department, and the Wichita Park Department. Staff recommends the following projects: Cost KLINK Resurfacing 1) Street surface repairs on Kellogg (U.S. 54) from Dugan Road to Tyler Road $ 333,000 Geometric Improvements 1) Design for the reconstruction of the interchange of U.S. 54 Highway and Interstate Highway I-235 $1,066,667 2) Reconstruction and widening on K-15 Highway from 31st Street South to the I-135 on-ramp $ 227,250 Economic Development 1) Right-of-way acquisition for a six-lane freeway and frontage road system on U.S. 54 Highway from Cowskin Creek to Mid-Continent Drive $6,125,000 2) Reconstruction and widening of Hillside Avenue from 27th Street North to 37th Street North $2,120,000 3) Reconstruction and widening of Hoover Road north from K-42 Highway to the north drive of Cessna$ 884,450 4) Reconstruction and widening of the Pawnee Street and Oliver intersection to the overall safety and carrying capacity$ 612,500 Transportation Enhancement Pedestrian and Bicycle Projects 1) Construction of bicycle path adjacent to the K-96 from Oliver Street to Grove Park (Phase II) $ 301,833 2) Construction of a bicycle path adjacent to 21st Street North from Ridge Road to Maize Road $ 253,666 Scenic and Environmental Projects 1) Landscaping of the interstate interchange area at I-135 and 21st Street North $ 273,424 2) Landscaping the Kellogg (U.S. 54) interchange area at Hillside Avenue $ 327,298 3) McLean Boulevard: Seneca Street to Lewis Street Public Art Project $ 93,120 KDOT will participate in the cost of approved projects as follows: KDOT City KDOT % Share Share KLINK Resurfacing 1) Kellogg: Dugan to Tyler 50% $166,500 $166,500 The City share for this program comes out of street maintenance funds in the operating budget. Geometric Improvements 1) U.S. 54 and I-235 interchange (design) 75% $800,000 $266,667 2) K-15: 31st St. to I-135 on-ramp 75% $170,437 $ 56,813 The City Share for this program would come from Local sales Tax (LST) funds in 1998; if this project is awarded by KDOT, some reprioritization of LST funds may be necessary to make the match. Economic Development 1) U.S. 54: Cowskin Creek to Mid-Continent (R-O-W) 75% $4,593,700$1,531,300 2) Hillside: 27th to 37th 75% $1,590,000$ 530,000 3) Hoover Rd.: K-42 to Cessna 75% $ 707,560$ 176,890 4) Pawnee/Oliver intersection 75% $ 459,375$ 153,125 The City share for these projects would need to come from 1998 General Obligation (GO) funds; if one or more of these projects are awarded by KDOT, some reprioritization of GO funds may be necessary to make the match. Transportation Enhancement Program KDOT will award funding for projects in this program on a competitive basis. A minimum 20% local match is assumed for all projects proposed. The current CIP includes an adequate level of local funding for all of the Enhancement projects. Pedestrian and Bicycle Projects 1) K-96/I-135: Oliver to Grove Park 80% $241,466 $ 60,367 2) 21st: Ridge to Maize 80% $202,933 $ 50,733 Scenic and Environmental Projects 1) Interstate interchange at I-135/21st 80% $218,739 $ 54,685 2) Kellogg interchange at Hillside 80% $261,838 $ 65,460 3) McLean: Seneca to Lewis 80% $ 74,486 $ 18,624 The Transportation Enhancement Program projects require: 1) a certification that no known or foreseeable legal impediments exist that would prohibit completion of the project; and 2) a resolution that the City of Wichita will accept the responsibility for coordinating the projects and funding the local match. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Kamen moved that the proposed projects be approved; the resolution accepting responsibility for coordinating the projects and funding the local match be adopted; and staff be authorized to submit project requests to KDOT. Motion -- carried carried 7 to 0. RESOLUTION NO. R-95- 393 A Resolution of the City of Wichita transportation enhancement funds, the filing of applications, and the execution of contracts and agreements for federal funds, presented. Kamen moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. INDOCHINESE CENTER WICHITA INDOCHINESE CENTER (WIC) SINGLE FAMILY REHABILITATION PROJECT. Mayor Knight momentarily absent with Vice Mayor Kamen in the Chair. Chris Cherches City Manager reviewed the Item. Agenda Report No. 95-703. Since April of 1992, the City of Wichita has been receiving funds for housing activities from the HOME Investment Partnerships Program, an entitlement grant from the Department of Housing and Urban Development (HUD). As the program name suggests, an emphasis of the program is to develop partnerships with other organizations to address housing needs of low-income households. The partnerships should be with public and private organizations, both for-profit and nonprofit motivated. However, HUD feels that nonprofit participation is so important that it requires 15% of all HOME funds received by states and cities be set aside for Community Housing Development Organizations (CHDOs). As defined by HUD, "a CHDO is a not-for- profit, community-based service organization that has, or intends to retain, staff with the capacity to develop affordable housing for the community it serves." Since that time, the City has worked with numerous groups to identify or cultivate a variety of organizations with special abilities and clientele to invest the HOME set-aside funding. One of these groups is the Wichita Indochinese Center (WIC). WIC has qualified to receive HUD HOME funding under the terms and definitions of the HOME Program. WIC was formed in 1983 and teaches English to welfare dependent refugees and provides several social services to these refugees and other low-income residents of Wichita. Individuals and families have come from farming and fishing communities, urban settings, service industries, educational and medical fields, as well as many others. Their needs are both numerous and diverse. Until recently, WIC has focused on teaching English as a second language with job development and placement as primary functions. However, housing problems have become so acute that WIC finds it necessary to develop an active role and expertise in housing services. WIC has purchased a duplex in need of rehabilitation at 125/127 N. Spruce. They have received bids from two vendors for the work needing to be completed. The lowest bid is $47,437.91. In addition to the bid, they are requesting a contingency budget of 10% or $4,743 for a total project amount of $52,181. Funds for acquisition have been borrowed from Emprise Bank and will remain in place as long-term financing. The grant request for HOME CHDO funds is for $125,000. However, uncommitted budget under the HOME Program is insufficient to fund the project completely. After rehab completion, the home will be offered for rent to low-income households (with or without a relationship to WIC). The future use of the home s affordable housing will be secured by a deed restriction that requires the property be leased at affordable rents to low- income tenants. Rents are controlled by the HOME Program and cannot exceed HUD established fair market rent levels (FMRs). This project is compatible with the needs and priorities defined in the Wichita Comprehensive Plan and the Wichita Neighborhood Initiative. The City currently has $52,700 in uncommitted HOME CHDO set-aside funds available. All other HOME funds have been committed to projects and programs. Staff recommends that Council approve the project for the units purchased plus the contingency (committing $52,181). Any proceeds, either rental or sale, must be reinvested by the CHDO into a similar activity per home regulations. The HOME Program requires the property comply with rent restrictions for five years. Restrictions must be secured by a deed restriction. Mohan Kambampati Mohan Kambampati, Director of the Indochinese Center, said the duplex and the money requested would be for rehabilitation. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Council Member Rogers Council Member Rogers said he would like the City Manager and Human Services Department staff to look at the HOME Funds. The City should have a policy on how the HOME funds are allocated. There should be some direction. There is also discomfort with the process because ownership is not inherent. Council Member Kamen left the Bench. Motion -- Cather moved that the application in the amount of $52,181 be approved; the FY 1994 Program Description be amended to reflect the approval; and staff be directed to prepare a project agreement and the Mayor be authorized to sign. -- carried Motion carried 6 to 0. (Kamen absent) Motion -- Knight moved that the rules be set aside and Item 13 be taken up out of order. -- carried Motion carried 6 to 0. (Kamen absent) (Item No. 13) IAFF AGREEMENT AGREEMENT WITH INTERNATIONAL ASSOCIATION OF FIREFIGHTERS UNION (IAFF) LOCAL 135. Chris Cherches City Manager reviewed the Item. Agenda Report No. 95-707. The City has reached a bilateral agreement with the International Association of Firefighters Union Local 135 for a three (3) year contract. The agreement will be in effect from September 23, 1995, through December 26, 1997. The following changes were negotiated to the contract for Firefighters, Fire Lieutenants, Fire Prevention Training Instructor I, Fire Prevention Inspector I, and Fire Investigator I: 1. For all positions covered by this contract, pay steps G to H are to be added to the existing A to F pay steps for 1995 and 1996. The percent between steps A to B, B to C, C to D, D to E, and E to F are to be reduced from 5.6% to 5.0%. The percent between new pay steps F to G, G to H, and H to I will be 3%. Employees will move to the next appropriate step that results in a wage increase. It is the intention of this agreement that no employee when moving to the new pay scale will receive less than they would have received in 1995 under the old pay scale. The new pay structure will go into effect on September 23, 1995. 2. The movement from pay step A to B will remain at six months. The movement from pay step B to C, C to D, D to E will increase from one year to two years respectively. The movement from pay step E to F will increase from 16 months to two years. The movement between pay steps F to G, G to H, and H to I will be two years. 3. For 1996, employees will receive a three (3) per cent across the board increase. This increase will go into effect on December 30, 1995. 4. For 1997, employees will receive a three (3) per cent across the board increase. This increase will go into effect on December 28, 1996. 5. In January, 1997, pay step J will be added to pay steps A through I, with 3% and two years between steps. 6. In addition, a bonus in the amount of $600.00 per employee for those who are covered by the Union contract will be given on November 9, 1995. The total dollars for this one-time bonus shall not exceed $167,400. This bonus is for employees who have been and still are in IAFF represented positions from December 31, 1994, through date of ratification of this contract. Any persons who were covered by the IAFF contract and have resigned, retired, died, or have been promoted out of the positions covered by the IAFF contract during the time span of December 31, 1994, through ratification date are not eligible for this signing bonus nor any conditions of this contract. 7. Because of the additional steps, longevity pay will be given to those employees after completion of eleven (11) years of service. Longevity pay for those employees who are currently receiving longevity pay with less than 11 full years of service will be discontinued until they have completed 11 full years of service. 8. Confirmation by a doctor of the illness or injury may be required as per department policy or at the direction of the Fire Chief. 9. The City will provide bulletin board space for the Union to post notices pertaining to Union meeting notices, minutes, and agendas. Other postings must be approved in advance by a Battalion Chief or above. 10. In the grievance procedure, the basic procedure remains but the response time will be changed from five (5) work days to ten (10) work days, except for response time from the Employee Relations Officer level which will be fifteen (15) days. A grievance shall be taken in writing to the employee's immediate supervisor outside of the bargaining unit within 10 days of receipt of the official notification of the discipline imposed. Copies of the supervisor's decision will be sent to the employee, the IAFF President, and the Employee Relations Officer. 11. The City will increase clothing allowance from $320.00 to $325.00 per year for the life of the contract. 12. Communications. The City shall provide space in each division, and or stations for the Union to place a communications book for information pertaining to Union business. 1) Union related mail shall be distributed through the regular Fire Department interoffice mail by Fire Department personnel, provided the deliveries do not necessitate special or extra trips. 2) The Union shall be allowed to use the Fire Department E-Mail system for the purpose of distributing Union related memos and information. There shall be no expectation of privacy and the City may discipline any employee in conjunction with misuse of E-mails. 13. Promotional procedures have been placed in the contract. 14. Revised preamble has been placed in the contract. 15. Discipline. A. Employees may only be disciplined for just cause. In any grievance procedure challenging discipline, the employer bears the burden of proof. B. At any meeting between an employee and his or her supervisor in which there is any discussion of discipline or potential discipline, said employee, at his or her request, shall be entitled to the presence of a Union representative during such meeting and discussion. C. In determining the appropriate disciplinary action to be taken in a given case, the employer may not rely upon any suspension of the employee in question which occurred more than 36 months prior to the alleged or suspected cause for discipline; and, any other form of discipline which occurred more than 36 months prior to the events in question may not be relied upon in any manner in determining the appropriate discipline. 16. Employees, charged with alleged violations requiring an appearance before the Accident Review Board, would have any discipline deferred until they appear before the ARB, unless the employee waives his/her right to appear before the ARB. The cost to the General Fund for implementation of the 1995 pay increase portion of the IAFF agreement is $340,149; the combined cost of the 1995 and 1996 pay increase is $671,483; and the combined cost of the 1995, 1996, and 1997 pay increase is $1,409,318. Funding for this pay increase was included in the 1995 revised and 1996 proposed budget. Council Member Ferris Council Member Ferris stated that he hoped the negotiations would begin early enough to conclude 1998 wage negotiations before 1998. Council Member Kamen present. Mayor Knight Mayor Knight said that in the past he had been party to trying to hold down costs to taxpayers through wage negotiations but that he now viewed this as false economy. Mayor Knight said he would like to see a new era of labor and management relations in the City. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Marty Marshall Marty Marshall, President of IAFF Local 135, said this was the best agreement the firefighters had seen since the strike in the 1970s. Mr. Marshall read a statement which spoke to the professionalism of all who helped achieve the agreement. The new relationship between all involved in negotiations should move forward in a positive manner. Mike Dieters Personnel-Employee Relations expressed thanks to all involved and urged a continuation of the good relations. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. DP-134 DP-134 - REQUEST FOR AN AMENDMENT TO PARCEL 1 OF THE TIMBER GROVE LAKES COMMUNITY UNIT PLAN TO CREATE ADDITIONAL PARCELS (PAD SITES) ALONG MAIZE ROAD AND CENTRAL AVENUE, LOCATED AT THE NORTHWEST CORNER OF CENTRAL AVENUE AND MAIZE ROAD. Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 95-704. Staff Recommendation: Approve subject to conditions. CPO July 26, 1995, voted 4-3 to disapprove. MAPC July 27, 1995, voted 8-2 to recommend approval, subject to conditions. On March 23, 1994, CPO 5 voted 7-1 to recommend approval of the CUP amendment and associated zone change to 'C' Commercial, subject to staff comments and on April 7, 1994, MAPC voted 7-1 to recommend approval of the CUP amendment and associated zone change to 'C' Commercial, subject to conditions. On May 3, 1994, Wichita City Council voted 4- 3 to defer the request for six weeks. Wichita City Council, on June 14, 1994, voted 7-0 to approve the amendment to the CUP, subject to conditions (the zone change was withdrawn prior to the meeting and was not considered). (District court vacated the City Council decision) On April 7, 1994, the MAPC held a public hearing for an amendment to Parcel 1 of the Timber Grove Lakes CUP and a zone change to 'C' Commercial (Z-3126) on a portion of the parcel. The amendment to the CUP split the large commercial parcel into 7 parcels, with six new parcels (pad sites) located along both Central and Maize Road. The amendment also adjusted the location of the major entrances along Maize Road and Central, permitted additional 'LC' Light Commercial uses on the site, reduced the 50 foot landscape buffer and the 100 foot building setback along Maize Road, increased the maximum building coverage, and created additional requirements for signage, landscaping, and screening. Originally, 'C' zoning was requested to allow for open storage and/or an outdoor garden center in association with a proposed home improvement store (Parcel 1A). In exchange for 'C' zoning, the applicant proposed additional restrictions including: 1. A 15 foot buffer along the north property line (Parcel 1A) to include at least 45 evergreen and deciduous trees to be located within the landscape buffer and an additional 36 evergreen and deciduous trees located to the north within the floodway. 2. An increase in the building setback along the north side of Parcel 1A from 30 feet to 40 feet. 3. The predominant exterior building material in Parcel 1A to be identical on all facades. 4. Rooftop mechanical equipment to be screening from ground level view within 200 feet of residentially zoned properties to the north of Parcel 1A. After the MAPC hearing on April 7, 1994, and before the City Council hearing, the applicant submitted a clarification that these four restrictions would be in effect only if the 'C' zoning was approved. The applicant further clarified that auto service or repair, service stations, carwashes, convenience stores, drive-in or drive-thru restaurants would be prohibited in the northern two parcels along Maize Road (Parcels 6A & 7A) as long as the properties across the street are zoned 'AA' One Family Dwelling District. Also, rooftop mechanical equipment would be screened from ground level view within 200 feet of residentially zone properties east of Maize Road and the reduced building setback to 50 feet along Maize Road was contingent upon the area being developed with building pad elevations set 6 feet below the top of the curb of Maize Road. After the Wichita City Council held a public hearing on May 3, 1994, the Council voted to defer the zone change request and CUP amendment to allow the applicant and area property owners to negotiate a mutual agreement for restrictions on the development. Prior to the second City Council hearing on June 14, 1994, a property owner along Maize Road submitted a letter to MAPD indicating that an agreement had been reached for a landscape and screening plan along Maize Road. However, the applicant was not able to reach agreement with protesting property owners to the north. On June 14, 1994, just prior to the City Council meeting, the applicant withdrew the request for 'C' zoning and the four CUP conditions for Parcel 1A associated with the zone change request. After discussion, the City Council approved the CUP amendment, subject to staff's recommended conditions and the additional restrictions volunteered by the applicant, except the four restrictions associated with 'C' zoning. Neighboring landowners brought litigation challenging the Council's action. Because of the changes made to the CUP following the MAPC hearing, the District Court directed that the CUP amendment be returned to the MAPC for rehearing before it can be approved. Therefore, the applicants for this tract have requested that the City initiate a rehearing of the amendment and have also requested that the maximum building coverage for the entire CUP remain the same as the original CUP (the initial request proposed an increase in the maximum building coverage). The applicants have further volunteered to increase the building setback along the north property line (Parcel 1A) from 30 feet to 35 feet (the standard setback in commercial CUPs). The CUP currently under consideration does not include a request for 'C' zoning, nor does it include the four restrictions for Parcel 1A that were offered in association with 'C' zoning. Although the proposed amended CUP would not require special landscaping along the north property line, the current City Landscape Ordinance would require a landscape buffer between nonresidential development and residential zoning to include a minimum of one shade tree or two ornamental trees per forty lineal feet. These trees must be located within 15 feet of the property line. But this does not mean that there must be a continuous 15 foot wide landscaped area. The north property line of Parcel 1A has 570 lineal feet where adjacent to residential zoning and 480 lineal feet where adjacent to 'BB' Office District zoning. Under the Landscape Ordinance, a minimum of 15 shade trees would be required along the north property line within the western 570 feet. But no trees would be required where south of the 'BB' zoning. The western property line of Parcel 1A has 440 lineal feet adjacent to residential zoning and would be required to have 11 shade trees. On July 27, 1995, the MAPC held another public hearing on this matter. At the hearing, there were no property owners along Maize Road that spoke in opposition to the request. However, neighboring property owners to the north again expressed opposition to the CUP amendment. The protesters requested that the uses permitted in Parcel 1A remain the same as those uses permitted in the existing CUP, increase the building setback along the north property line to 80 feet, require the landscaping (number of trees) along the north property line that was originally offered and later removed when the 'C' zoning was withdrawn, and add a condition that no administrative adjustments by staff or modifications by the Board of Zoning Appeals would be permitted to the CUP, thus requiring a public hearing and approval by the City Council for any changes. Without these restrictions, the neighboring property owners requested that the amendment be denied. After considerable discussion, the MAPC voted to recommend approval of the CUP as submitted at the meeting, subject to the following conditions: 1. A 35 foot building setback along the north property line of Parcel 1A where adjacent to residential zoning. 2. In addition to meeting the requirement of the City Landscape Ordinance for planting landscape buffer trees along the north property line of Parcel 1A, where adjacent to residential zoning, the owner shall plant an equivalent number of trees along this line on the abutting residential property, if consent can be obtained from those property owners. Marvin Krout Director of Planning, responding to questions, said the ordinance, even under the existing CUP, requires planting of 15 trees on the property. The applicant is saying that he is willing, and the CUP would require, to plant an additional shade trees, on the north, on the homeowners greenbelt if the homeowners' association consents to the planting. When the applicant was asking for "C" zoning, the applicant was willing to set the building back 40 feet and plant trees in a 15-foot landscape buffer that is part of the 40 foot setback. At that time, the applicant was talking in the range of about 80 trees. This was in connection with the trade- off for "C" zoning. Now, the applicant is willing to put in 30 shade trees or 60 ornamentals or a combination thereof directly to the north of the residential area. There would be a requirement for 15 trees on the commercial property close to the property line (south side of the wall), and the applicant is willing to plant an additional 15 shade trees or 30 ornamentals or a combination thereof on the homeowners' greenbelt property. Regarding the flood plain, originally, 3/4 of the area was in the flood plain. Some of the residential development was in the flood plain. There have been drainage improvements and fill which was part of the approval of 1983. When the tract went through the replatting in 1994, one of the concerns of the homeowners to the north was that this development, whether under the existing CUP or any changes, was designed for the applicant area to drain into the lake system and then out to the Cowskin Creek system. The homeowners were concerned that their lakes were high and that would create problems for them so, as part of the replat in 1994, the drainage was redesigned and the commercial now is designed to go south through a pipe to Central and then south along the Cowskin. There are minimum floor elevations that were set by the original plat and that are set by this plat. Along Maize Road, one of the conditions to try to satisfy the neighbors' concerns is that there be a maximum pad height so that the buildings maintain a low scale along the frontage. Council Member Rogers momentarily absent. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Chris Bolton Chris Bolton, 909 North Maize Road, speaking in opposition to the CUP, said his main concern was that there be adequate protection to existing homes to the north. Large buildings in excess of 50,000 square feet could be built on the site. Mr. Bolton said there would be damage to the property value in the area. Phil Meyer Phil Meyer, agent for the applicant, said an average of 15" fill would bring the area to grade. The applicant had agreed to reduce the building coverage, increase the building setback, and to double the landscape required by ordinance. Gary Snyder Gary Snyder, agent for KCBB, said a 150 foot drainage way and the retaining wall would put about 220 feet between the area in question and the residential property owners. Marvin Krout Director of Planning said the original CUP allowed a larger building - up to 170,000 square feet in size. The CUP under consideration would not allow the larger building. Council Member Ferris Council Member Ferris said that when this first came up, he had met with Mr. Bolton and other neighbors in the area and it appeared that there was no interest in negotiating with the applicant unless the size of the building was reduced - which could be done under the existing CUP. The applicant was not interested in reducing the size of the building. The reason the "C" zoning was withdrawn was that it was a major point of contention. It was thought that since the existing CUP allowed "LC," there was no reason to not go ahead and do "LC" and plant no trees. Now the applicant has agreed to plant 30 trees and has not asked for "C" zoning on the new requested CUP. The development that is occurring is very well done. The strip and the restaurant is developed very nicely and is being well utilized. The parcels on the east will also, under this CUP, be done nicely. The controversy is on an area that the City is not changing except to require 30 trees where there were no trees required. It is the City's responsibility to look at the CUP to see whether it is being made better. Motion -- Ferris moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC; the recommendation of the MAPC of approval of the CUP as submitted be approved, subject to the recommended conditions of 1) a 35 foot building setback along the north property line of Parcel 1A where adjacent to residential zoning and 2) in addition to meeting the requirement of the City landscape ordinance for planting landscape buffer trees along the north property line of Parcel 1A, where adjacent to residential zoning, the owner shall plant an equivalent number of trees along this line on the abutting residential property if consent can be obtained from -- carried those property owners. Motion carried 5 to 2. Cather, Kamen - No. RECESS The Council recessed at 11:45 a.m. and reconvened at 1:20 p.m. Council Member Cather absent. Motion -- Knight moved that the rules be set aside and Item 14 be taken up out of order. --carried Motion carried 6 to 0. (Cather absent) (Item No. 14) SALARY ORDINANCE REVISIONS TO 1995 SALARY ORDINANCE. Agenda Report No. 95-708. Negotiations have been concluded with an agreement between the City of Wichita and the International Association of Firefighters (IAFF) for a three-year contract. The ordinance is necessary to implement the compensation-related terms and conditions of the contract. The contract modifies pay rates and makes changes in longevity pay and clothing allowances for represented positions. These changes will become effective September 23, 1995. The review of position classifications is an ongoing process within the City. With changes in services provided, regulatory requirements, and other organizational changes, certain positions need to be modified accordingly. As a result, the changes outlined in Attachment A are being recommended. The cost to the General Fund for implementation of the IAFF agreement is $340,149 in 1995. The cost for the full three-years is $1,409,318. Funding for these costs is included in the 1995 revised and 1996 proposed budgets. POSITION CLASSIFICATION PLAN CHANGES Job Titles Deleted Building Plans Coordinator (OCI) Range 118 Library Administrative Clerk (WPL) Range 625 Job Titles Added Cash Manager (Finance) Range 115 Senior Building Permit Examiner (OCI) Range 627 Job Title Change Air Quality Technician (Health) to Environmental Quality Specialist (Health/Water)Range 118 Range Changes Building Permit Examiner (OCI) From range 118 to 625 Rehabilitation Loan Specialist (OCI) From range 118 to 627 Transportation Development Coordinator (WMTA)From range 117 to 116 The changes in the Office of Central Inspection result from a need to cross-train and reorganize certain duties, and from job studies which indicate some positions currently being treated as exempt from the Fair Labor Standards Act (FLSA) are not exempt. No additional positions are involved. The Library title is deleted because the duties of the position will be performed within a "generic" job title (Administrative Aide II) at a lower pay range (623). Adding the Cash Manager title establishes a new title for an existing position; it is part of the implementation of the City's investment policy previously approved by the City Council. Changing Air Quality Technician to Environmental Quality Specialist creates a generic title that will be used by multiple departments, and avoids creation of additional, specialized titles. The Transportation Development Coordinator is being reclassified as a result of a job study which confirmed the position has assumed additional higher level duties since it was originally classified. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that the position classifications be approved and the Ordinance be -- carried placed on first reading. Motion carried 6 to 0. (Cather absent) ORDINANCE An Ordinance providing for a uniform schedule of standard pay ranges for all employees of the City of Wichita, repealing Ordinance No. 42-790, introduced and under the rules laid over. ORDINANCE An Ordinance establishing position classifications for employees of the City of Wichita and prescribing pay rates by reference to position classifications in the schedule of pay ranges repealing Ordinance No. 42-782, introduced and under the rules laid over. BROADCASTING ASSOCIATION AWARD. Motion -- carried Rogers moved that an Item be taken up off the Agenda. Motion carried 6 to 0. (Cather absent) Council Member Rogers said Gordon Bassham, the City's Public Information Officer, and a group of five other persons did a documentary on African-Americans in Wichita and received a first place documentary award from the Kansas Broadcasting Association. WATER READING PROGRAM AUTOMATIC METER READING PILOT PROGRAM. Chris Cherches City Manager reviewed the Item. Council Member Cather present. Agenda Report No. 95-705. This project, if successful, would result in cost reductions in meter reading expense and improved installation methods for residential meter sets. All of the meter sets are currently located in curbside pits. This arrangement optimizes meter access. However, problems frequently arise in relation to the damage of the set in relation to the construction process. Liability is an issue given the number of citizens allegedly stepping into the pit opening. Freeze ups are also an occasional problem. Inside sets would not be a practical consideration without the technological innovation supplied by an automatic meter reading (AMR) system. This essentially solves the access problem by allowing the meter reader to read the meter by coming within approximately two hundred to three hundred feet of the meter and recording a reading via the transmission of a radio signal. Discussions with the construction industry indicate that there is substantial support for experimenting with a move of the location of the meter from pits to inside the basement wall in typical residential construction. A local contractor has volunteered to participate in a demonstration project involving several new dwellings. The economics of the proposal indicate that inside sets, when equipped with radio transmitters for remote reading, are approximately $111.34 more expensive than pit settings. This cost is somewhat more than the cost of the radio transponder. The cost differential would go down markedly if the parts for inside sets were bid on a volume basis. Pit installations are installed at a cost of $330 each and are paid for by the service applicant. The added costs for the pilot installations can be absorbed within the existing budget. Ultimately, the goal would be to keep the cost of these inside sets, even after they have been equipped with a curb stop for shut-off and radio read transponders, as near as possible to the cost of pit installations and to keep tap fees at or near the same level. Over time, the cost differential for radio read equipped inside sets can be recouped by a reduction in reading expense. An individual reader, either walking or driving, can read several times the number of AMR equipped meters in comparison with the productivity levels obtainable with manually reading the same meters. There is also considerable time savings in relation to not having to route new accounts in the same manner as developing areas expand. Through reductions in reading expense related to cost avoidance by not creating new reading routes, it is projected that the additional cost of the inside sets equipped with AMR can be amortized within an approximate seven to ten year time frame. The same hand held data entry terminals we currently use in the field can be equipped with radio frequency boards to remotely interrogate the radio transponders mounted on the meters inside the dwellings. The readings obtained remotely in this manner can then be transparently integrated in with the readings obtained through keyed entries so that the uploads and downloads of reading data to the mainframe are seemlessly integrated. There are other radio read systems available through other vendors. However, each would require the acquisition of separate hardware and software and the need to program an interface to the billing system for uploads and downloads, making other vendor systems unreasonably expensive in comparison for the purposes of this proposed pilot program. This vendor is currently working on a radio transponder which would be adaptable to use in the pit environment and projections are that this product will be available in 1996. Two other considerations are important to note: One is that this program can be run concurrently and in consultation with Kansas Gas & Electric, which is in the process of running a similar pilot program in the local service area. Their program is a proposed beta site test in cooperation with Itron that would query the meters from a central location via collector units in neighborhoods mounted on utility light poles. The potential of reducing reading overhead costs through a cooperative effort aimed at system compatibility is an important consideration. The second is the fact that AMR technology is still developing. Radio based systems are currently the most popular alternative nationwide and such systems are the only viable alternative for use in pit settings. Inside sets, in contrast, are amenable to the entire spectrum of AMR technologies, i.e. telephone, power line carrier, and cable based systems, as well as radio read systems. Adoption of an inside set policy now may avoid the need for consideration of retrofit programs in developing areas at a future date. The hardware and software expenditures necessary to implement the pilot demo total $7,549. Council Member Ferris Council Member Ferris suggested negotiations with the supplier to see whether the cost could be negotiated to a more favorable amount for the City. Chris Cherches City Manager said he would check to see whether the price had been negotiated and, if not, whether it could be negotiated. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that a sole source purchase agreement with Itron, Inc., through Mountain States Pipe and Supply, for purchase of the needed system equipment be approved and with implementation of the pilot program proceed. Motion carried -- carried 7 to 0. INVESTMENT POLICY RESOLUTION PERTAINING TO INVESTMENT POLICY. Roger Clark City Treasurer reviewed the Item. Agenda Report No. 95-706. In September, 1991, the City Council adopted the first formal investment policy for the City prior to any legal requirement that the City even have an investment policy. In 1993 the state legislature revised several statutes relating to idle fund investments municipalities may use. In the same year, the City Council approved an amendment to the Investment Policy allowing for investments in the Municipal Investment Pool operated by the State Treasurer. In January of this year the City Council approved the current Investment Policy. The revisions to the Investment Policy under consideration now are all related to idle funds, and are either technical revisions requested by the State Treasurer or additional restrictions on investment activities designed to improve safety and/or liquidity. Proper investment management consists of five steps: 1) setting the investment objectives; 2) establishing investment policy; 3) selecting the portfolio strategy; 4) selecting the assets; and 5) measuring and evaluating performance. Investment activities functioning without completing steps one and two tend to focus on performance while placing a lower emphasis on assuring the asset selection and strategy merge with the goals and culture (acceptable risk levels) of the organization. The proposed investment policy clearly outlines the City's investment objectives and establishes basic operating policy. Additionally, it defines basic portfolio strategies, guidelines for asset selection and minimum reporting requirements. The investment objectives defined by the policy, in priority order, are: 1) security of City funds and investments; 2) preservation of capital and protection of principal; 3) maintenance of sufficient liquidity to meet operating needs; 4) diversification of investments to avoid unreasonable risks; and 5) maximization of return on the portfolio within the above constraints. Investments authorized in the policy and by statute are: 1) U.S. Treasury securities; 2) repurchase agreements; 3) certificates of deposit; 4) our own temporary notes or no fund warrants; 4) State of Kansas Municipal Investment Pool; and 5) multiple municipal client investment pools. All of these investments are restricted to a maximum maturity of two years. Following approval by the City Council, staff will be seeking approval of the policy from the State Pooled Money Investment Board (PMIB). With their approval, expanded investment authority will be authorized. This authority includes use of U.S. Government agency securities, access to the national repurchase agreement market and an extension of the maximum maturity to four years. The purpose in seeking expanded authority is to secure the options for local determination as to future investment activities. Specific investments or maturities are a function of idle cash balances, cash flow requirements and market conditions. Given the very long lead time in obtaining expanded authority from the State, the authority must be put in place for the points in time when use of the options is prudent. With expanded authority, under the statute, the City would have the option to use collateralized mortgage obligations (CMOs) as an investment option. Staff has not included these instruments in the authorized investment section of the policy for idle funds. Additionally, a section has been added to propose a City policy on use of derivatives in connection with idle funds. Three specific types of securities considered to be derivatives under the most comprehensive definition are authorized for use: 1) U.S. Treasury Strips, 2) U.S. Treasury or Agency callable securities, and 3) U. S. Treasury or Agency floating rate securities. It should be noted that under American Institute of Certified Public Accountants (AICPA) audit guides, these three security types are not considered derivatives requiring any form of audit disclosure. They are AAA rated debentures, and are obligations of the U.S. Treasury and/or government. Unlike other derivatives which have occasioned problems in investment portfolios (the U. S. Securities and Exchange Commission has a list of such SEC- criticized derivatives), these derivatives are considered secure and safe investments. Leveraging of the portfolio is strictly prohibited. The policy has been reviewed by the Financial Input Group. They have found the policy to be prudent and conservative, and concur with the recommendation to approve. In order to obtain continuous market information necessary to manage the idle funds portfolio, Finance is recommending the acquisition of computer access directly to the markets. Use of this access has also been strongly recommended by the State Treasurer's Office and PMIB staff as a part of preliminary reviews towards obtaining expanded authority. Information available from this technology includes continuous market pricing, extensive economic research, market analysis and technical information on individual instruments. The cost to lease the recommended computer equipment is $1,950 per month with a one-time installation fee of $795. The costs will be paid by the Treasurer's Office, with additional interest income from expanded investment authority more than offsetting the expenditure. In order to receive final approval from the State Pooled Money Investment Board, the statute requires the City Council to adopt the investment policy by resolution. Mayor Knight Mayor Knight said he was uneasy with the use of derivatives in connection with idle funds. "My concern on this part is that it really does not make any difference if someone endorses it if they do not understand it. And, there seems to be so few people that understand this whole area of investments. It seems strange that we, at this time, would be getting into something, although it is considered conservative, when others are looking for every possible opportunity to extricate themselves." "Part of the problem is that you may have some of your investment accounts using these kinds of instruments and not even know it." "If, in fact, this is supposedly a very conservative strategy, you should not miss it if you do not use it." Mayor Knight suggested that any previously authorized derivatives be unauthorized. Roger Clark City Treasurer said the purpose of putting the derivatives statement in the revised Investment Policy is to limit to the three securities listed. At the present time, and prior to this time, there were no derivatives in the portfolio. The securities being requested authorized are not in the portfolio and have never been purchased or held. Staff is trying to define a derivatives policy that puts in place good solid limitations. Mayor Knight Mayor Knight responded that the good limitation is none. The City has worked hard to establish and sustain its credit rating. Some of the units of government that have used derivatives were formerly AAA rated credits. "I would be one who would ask you not to do this." "Under no circumstance do I want to be supportive of something where there is an uncertainty as to the consequence." Roger Clark City Treasurer, responding to a question, stated that with the floating rate securities some protection can be gained against moves in interest rates. If floating rate securities are in a portfolio and interest rates rise, the interest rates on those securities will go with the market. Callable securities generally trade at a premium to fixed rate securities and give a higher yield. The spread between the fixed rate and the callable securities has been, at least for the last year or so, quite wide and very attractive. The City Treasurer said he was not comfortable in saying that no one would consider a callable security, for a floating rate security, a derivative. In lieu, Staff is willing to say these are derivatives and "we want to be able to purchase these three specific types and that is all." "A lot of it is in how derivatives are defined and we wanted to go ahead and define derivatives and say we are going to take the most common definition of derivatives and accept that and these three securities, even though they are derivatives, we feel like those are safe enough that we are comfortable in purchasing those. But, if it is not the will of the Council, we can certainly remove them." Chris Cherches City Manager said the Investment Policy could be considered exclusive of the derivatives issue which could be brought back to the Council after close examination. Mayor Knight Mayor Knight said he would also like to know whether staff private money is being invested in that manner. Mayor Knight said the only part he has a problem with is the section that has to do with the issue of derivatives. Ray Trail Director of Finance stated that it has taken thirteen months to get on the Agenda for the Pooled Money Investment Board which is scheduled for September 19th. The Director of Finance suggested the Policy be approved subject to Staff commitment that "we would not utilize any investment in the area of the three items noted under derivatives unless and until this matter had been returned to the Council in terms of a report and you have had an opportunity to take further action on it. If that would be acceptable to the Council to approve it subject to our coming back to you before that portion of the Policy where ever invoked." Motion -- Ferris moved that the revised Investment Policy be approved, subject to Staff commitment that no investments will be utilized in the three items noted under derivatives until a Staff report is provided to Council and further Council action is taken on derivatives; the Resolution be adopted; and the Lease Agreement for financial market information system access be approved and the -- carried Mayor be authorized to sign. Motion carried 7 to 0. RESOLUTION NO. R-95- 396 A Resolution approving adoption of the revised Investment Policy, presented. Ferris moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. CITY COUNCIL AGENDA APPOINTMENTS APPOINTMENTS TO CITY BOARDS AND COMMISSIONS. Board of Appeals of Air Conditioning, Refrigeration, Warm Air Heating and Boilers (9 vacancies - Council at large) Board of Appeals of Plumbers and Gas Fitters (3 vacancies - Council at large) Board of Code Standards and Appeals (4 vacancies - Cather, Gale, 2-City Manager) Board of Electrical Appeals (3 vacancies - Council at large) Board of Park Commissioners (1 vacancy - Kamen) Civil Rights and Services Board (1 vacancy - Cole) Commission on the Status of People with Disabilities (6 vacancies - Cole, Kamen, Ferris, Gale, 2- Rogers) Group Life Insurance Board of Trustees (1 vacancy - Council at large) Metropolitan Area Planning Commission (1 vacancy - Rogers) Wichita Athletic Commission (2 vacancies - Council at large) Wichita Commission on the Status of Women (5 vacancies - Cather, Cole, Ferris, Knight, Kamen) Wichita Public Building Commission (3 vacancies - Gale, Kamen, Knight) Wichita-Sedgwick County Alcohol and Drug Abuse Advisory Board (1 vacancy - Council at large) Wichita-Sedgwick County Alcohol Solid Waste Management Committee (1 vacancy - City/County Chair - Knight) Appointments will be for terms expiring June 30, 1997. Motion -- Cole appointed Diane Wahto (Wichita Commission on the Status of Women) and moved -- carried that the appointment be approved. Motion carried 7 to 0. APPOINTMENT TO HUMAN SERVICES BOARD. The Human Services Board has suggested Sandra Lyon, 1611 N. Mosley, as a Community Interest Representative (United Methodist Urban Ministry) on that board, for a term expiring June 30, 1997. Motion -- Knight appointed Sandra Lyon and moved that the appointment be approved. Motion -- carried carried 7 to 0. APPOINTMENT TO WICHITA PUBLIC BUILDING COMMISSION. The Board of County Commissioners has recommended the appointment of Mary Kay Peltzer, 2515 Coolidge, as its representative on this board. Motion -- Knight appointed Mary Kay Peltzer and moved that the appointment be approved. -- carried Motion carried 7 to 0. PROCLAMATION PROCLAMATION. -- Rehabilitation Week Motion -- carried Knight moved that the proclamations be authorized. Motion carried 7 to 0. ADDENDUM ITEM CONGRESS OF CITIES VOTING AND ALTERNATE VOTING DELEGATES, ANNUAL CONGRESS OF CITIES, NOVEMBER 29 TO DECEMBER 2, 1995. Motion -- Ferris moved that Mayor Knight be selected as the voting delegate and Council Member Rogers be selected as the alternate voting delegate. Motion carried -- carried 7 to 0. OFF AGENDA ITEM VIOLENCE IN DRINKING ESTABLISHMENTS. Motion -- Knight moved that the rules be set aside and an Item be taken up off the Agenda. -- carried Motion carried 7 to 0. Council Member Kamen Council Member Kamen said something needs to be done to alleviate the violent conditions with regard to clubs and drinking establishments and that he would be bring this up at the next Council meeting. Council Member Kamen suggested one possibility to help curb violence might be to require establishments, which have had a certain amount of violence occur on the premises, to hire security guards trained by the City. CONSENT AGENDA Knight moved that the Consent Agenda, except Item 32, be approved in accordance with the recommended action shown thereon. Motion carried 7 to 0. BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED AUGUST 21 AND AUGUST 28, 1995. At 10:00 a.m., Friday, August 18, 1995, 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 8/21/95) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS 1995-1996 CDBG Curb and Gutter Repair of various locations. (617506/814001) Traffic to be maintained through construction. (Council approval date 03-14-95) (District all) McFadden Construction - $71,700.00 (Engineer's Construction Estimate) Water Distribution System to serve Lake Ridge Second Addition (north of 21st, east of Ridge). (448- 88729/732768/470354) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 10-19-93) (District V) WBW Contractors - $54,881.50 Water Distribution System to serve Sunridge Second Addition (north of 13th, east of 119th Street West). (448-88553/732784/470356) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 03-17-93) (District V) WBW Contractors - $33,214.00 Lateral 1, Main 16, Southwest Interceptor Sewer to serve Lake Ridge Second Addition (north of 21st Street, east of Ridge Road). (468-82335/742346/480326) Does not affect existing traffic. (Council approval date 08-15-95) (District V) Utility Contractors - $284,346.00 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 contract for the City. Motion carried 7 to 0. MUNICIPAL COURT: SECURITY GUARDS AS PER SPECIFICATIONS Professional Security, Inc. - $7.24 per man hour PARK DEPARTMENT: RYE GRASS SEED AS PER SPECIFICATIONS Sharp Brothers Seed Co. - $20,100.00 PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS DIVISION: TRAFFIC GLASS SPHERES AS PER SPECIFICATIONS Flex-o-Lite, Inc. - $.187 per pound PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS DIVISION: FURNISH LABOR, MATERIALS, AND EQUIPMENT FOR THE INSTALLATION OF STORAGE STRUCTURESAS PER SPECIFICATIONS Group I - Haz-Mat Containment Corp. - $24,571.00 Group II - Safety Storage, Inc. - $ 4,776.00 Group III - Safety Storage, Inc. - $12,865.00 Knight moved that the contracts be awarded as outlined above, same being the lowest and best bid. Motion carried 7 to 0. At 10:00 a.m., Friday, August 25, 1995, 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 8/28/95) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS 1995-1996 CDBG Sidewalk Reconstruction at various locations. (617514/814002) Traffic to be maintained through construction. (Council approval date 03-14-95) (District all) McFadden Construction - $94,950.00 (Engineer's Construction Estimate) Accel/Decel Lane on the west side of Broadway from the north line of Lot 1, Block 1 to the south line of Lot 1, Block 1; and on 47th Street South from the east line of Lot 1, Block 1 to the major entrance; and sidewalk constructed on the west side of Broadway and the north side of 47th Street South, Dillon 11th Addition (Broadway and 47th Street South). (472-82539/763029/490405) Traffic to be maintained through construction. (Council approval date 12-13-94) AND Median in Broadway from a point 200 feet more or less north of the south line of Lot 1, to a point 420 feet more or less north of the south line of Lot 1, Dillon Eleventh Addition (north of 47th Street south, west of Broadway). (472- 82540/763037/490406) Traffic to be maintained through construction. (Council approval date 12-13-94) (District IV) Cornejo & Sons - $108,543.00 - L/S & M/Q Total Alt. 2 - 82539 (Engineer's Estimate - Negotiated) - $ 17,055.75 - L/S & M/Q Total Alt. 2 - 82540 1995 Sanitary Sewer Rehabilitation Program, Phase IV (various locations). (621128) Traffic to be maintained through construction. (District all) WB Carter Construction Co., Inc. - $349,000.00 Lateral 2, Main 17, Southwest Interceptor Sewer to serve part of Forest Lakes Addition (north of 29th, west of Ridge). (468-82300/742395/480331) Does not affect existing traffic. (Council approval date 07-25-95) AND Lateral 3, Main 17, Southwest Interceptor Sewer to serve part of Forest Lakes Addition (north of 29th, west of Ridge). (468- 82301/742403/480332) Does not affect existing traffic. (Council approval date 07-25-95) AND Water Distribution System to serve Forest Lakes Addition (north of 29th, west of Ridge). (448- 88699/732818/470359) Does not affect existing traffic. (Council approval date 07-25-95) AND Water Distribution System to serve Forest Lakes Addition (north of 29th, west of Ridge). (448- 88700/732826/470360) Does not affect existing traffic. (Council approval date 04-06-95) (District V) Utility Contractors - $77,370.00 (82300) (Engineer's Estimate - Negotiated) - $38,325.00 (82301) - $17,024.00 (88699) - $22,762.00 (88700) 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 contract for the City. Motion carried 7 to 0. WATER & SEWER DEPARTMENT/POLLUTION CONTROL: RAKE TEETH AND BAR RACKS AS PER SPECIFICATIONS Enviroline - $51,500.00 - Total Net Bid POLICE DEPARTMENT/AIR SECTION: FLIR SYSTEM AS PER SPECIFICATIONS Inframetrics, Inc. - $58,900.00 WATER & SEWER DEPARTMENT/POLLUTION CONTROL DIVISION: ROOF REPAIRS AS PER SPECIFICATIONS Sunflower Roofing & Ind., Inc. - $14,388.00 $ 2.80 - (Additional Cost per Sq. Ft.) Knight moved that the contracts be awarded as outlined above, same being the lowest and best bid. Motion carried 7 to 0. LICENSE APPLICATIONS APPLICATIONS FOR LICENSES. Adult Entertainment Norman Massey, Jr. Zigefields 4200 W. Kellogg Retail Cereal Malt Beverages Special Event Hahn Van Bui Saigon Oriental Restaurant540 N. West St. Renewal 1995 (Consumption off Premises) Larry W. Kibbe Harvest Mart #210409 W. Maple New Operator 1995 (Consumption on Premises) Michael V. Pham Cody Barbecue & Club*1315 E. Central *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 7 to 0. PLANS AND SPECS PLANS AND SPECIFICATIONS. a. Water Distribution System to serve Harbor Isle Addition (east of Meridian, south of 53rd Street North). (448-88854/732743/470352) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 07-26-94) (District VI) b. Water Distribution System to serve Christ Community Church Addition (east of Webb, north of Pawnee). (448-88868/732750/470353) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 01-24-95) (District II) c. Lateral 82, Sanitary Sewer #23 to serve The Moorings Fifth Addition (west of Meridian, south of 53rd Street North). (468-82358/742379/480329) Does not affect existing traffic. (Council approval date 02-15-94) (District VI) d. Lateral 84, Sanitary Sewer #23 to serve Lots 1 through 14 inclusive and Lots 59 through 67 inclusive, Block 1, Harbor Isle Addition (east of Meridian, south of 53rd Street North). (468-82408/742312/480323) Does not affect existing traffic. (Council approval date 07-26-94) (District VI) e. Lateral 341, Southwest Interceptor Sewer to serve Brandt Commercial Addition (west of Maize, south of 13th Street). (468-82437/742429/480334) Does not affect existing traffic. (Council approval date 12-13-94) (District V) f. Lateral 65, Main 22, War Industries Sewer to serve Mediterranean Plaza Addition (north of 29th Street, east of Rock Road). (468-82480/742320/480324) Does not affect existing traffic. (Council approval date 06-20-95) (District II) g. 18th Street and Covington from the east line of Chambers to the north line of Lot 10, Block G and the north line of Lot 10, Block 1; Gray from the north line of Westport to the east line of Covington; Denise Marie from the north line of Westport to the north line of Westport to the north line of Lot 1, Block 1 and the north line of Lot 13, Block J; Westport and Shefford from the east line of Chambers to the south line of Lot 18, Block J and the south line of Lot 15, Block K, all in Sunridge Second Addition; and that sidewalk be constructed on the north and west sides of 18th Street and Covington from the east line of Chambers to the north line of Lot 10, Block G, Sunridge Second Addition (north of 13th, east of 119th Street West). (472-82160/763201/490423) Does not affect existing traffic. (Council approval date 03-17-92) (District V) h. Tee Time from the north line of 29th Street North to the north line of Lot 9, Block 2; Shady Lane from the east line of Tee Time to the east line of Lot 9, Block 1 and from the east line of Lot 9, Block 2, Forest Lakes Addition (north of 29th, west of Ridge). (472- 82318/763235/490426) Does not affect existing traffic. (Council approval date 07-25-95) (District V) i. Shadow Lakes from the west line of Lot 25, Block 3, and from the west line of Lot 12, Block 4 to the east line of Lot 24, Block 2 and the east line of Lot 15, Block 3; Tee Time from the south line of Lot 16, Block 2 and the south line of Lot 10, Block 4 to the south line of Shadow Lakes; and construct sidewalk on the north side of Shadow Lakes, from the west line of Lot 25, Block 3, to the east line of Lot 15, Block 3, Forest Lakes Addition (north of 29th, west of Ridge). (472- 82319/763243/490427) Does not affect existing traffic. (Council approval date 07-25-95) (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., September 8, 1995. Motion carried 7 to 0. PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. 1995-1996 CDBG Curb and Gutter Repair of various locations - $79,000.00. (617506/814001) Traffic to be maintained through construction. (Council approval date 03-14- 95) (District all) b. Water Distribution System to serve Sunridge Second Addition (north of 13th, east of 119th Street West) - $70,370.62. (448-88553/732784/470356) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 03-17-93) (District V) c. Lateral 1, Main 16, Southwest Interceptor Sewer to serve Lake Ridge Second Addition (north of 21st Street, east of Ridge Road) - $325,000.00. (468-82335/742346/480326) Does not affect existing traffic. (Council approval date 08-15- 95) (District V) d. Lateral 2, Main 17, Southwest Interceptor Sewer to serve part of Forest Lakes Addition (north of 29th, west of Ridge) - $96,237.00. (468-82300/742395/480331) Does not affect existing traffic. (Council approval date 07-25-95) (District V) e. Lateral 3, Main 17, Southwest Interceptor Sewer to serve part of Forest Lakes Addition (north of 29th, west of Ridge) - $91,392.00. (468-82301/742403/480332) Does not affect existing traffic. (Council approval date 07-25-95) (District V) f. Water Distribution System to serve Forest Lakes Addition (north of 29th, west of Ridge) - $33,669.00. (448-88699/732818/470359) Does not affect existing traffic. (Council approval date 07-25-95) (District V) g. Water Distribution System to serve Forest Lakes Addition (north of 29th, west of Ridge) - $39,820.80. (448-88700/732826/470360) Does not affect existing traffic. (Council approval date 04-06-95) (District V) h. Water Distribution System to serve Lake Ridge Second Addition (north of 21st, east of Ridge) - $120,130.30. (448-88729/732768/470354) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 10-19-93) (District V) Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 7 to 0. BOARDS MINUTES MINUTES OF ADVISORY BOARDS. CPO Northeast Council 1, 8/14/95 CPO Southwest Council 4, 8/10/95 CPO North Central Council 6, 8/16/95 Wichita Art Museum Board, 8/2/95, 7/27/95 Wichita Metropolitan Transit Authority, 7/27/95 Wichita/Sedgwick County Board of Health, 8/10/95 Wichita/Sedgwick County Metropolitan Area Planning Commission, 7/13/95 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 7 to 0. STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. Agenda Report No. 95-709. 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. Event: United Way Country Kickoff Concert Date/time of Closure/Use: September 4, 1995 Location: West Bank Stage Street Closures: McLean, Second to Douglas (8.am. - 8 p.m.); Second Street, Sycamore to McLean (10:30 a.m. to 6 p.m.) 2. Event: Special Olympics 3-On-3 Basketball Tournament Date/time of Closure/Use: September 15-17, 1995 Location: Old Town Street Closures: Multimedia Security Parking Lot (public property) 3. Event: Half Marathon & Two-Mile Run Date/time of Closure/Use: September 17, 1995 Location: Central Riverside Park 4. Event: Helicopter Landing-Midwest Corporate Aviation Date/time of Closure/Use: October 17/October 19, 1995 Location: Century II (Lot 6) Street Closures: No streets; Century II, Lot 6 only 5. Event: East vs. West Run Date/time of Closure/Use: September 3, 1995, 5:30 p.m. - 8 p.m. Location: Old Town Inasmuch as possible, event sponsors are responsible for all costs associated with special events. City Code provides for a $25 per day permit fee for helicopter landings. Motion -- Knight moved that the requests be approved subject to: (1) Event Sponsor notifying every property and/or business adjoining any portion of the streets to be used for the event; (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 7 to 0. FINANCIAL REPORT MONTHLY FINANCIAL REPORT FOR THE PERIOD ENDED JULY 31, 1995. Motion -- carried Knight moved that the Report be received and filed. Motion carried 7 to 0. FIRE APPARATUS FIRE APPARATUS REPLACEMENT PROGRAM. (All Districts) Agenda Report No. 95-710. A Fire Apparatus Replacement Program has been developed by the fire department. Acquisition of three replacement fire pumpers is in accordance with the Fire Apparatus Replacement schedule and is included in the 1995 Capital Improvement Program. The pumpers are expected to provide an estimated fifteen years of front-line service and an additional five years of reserve service. Cost of the pumpers is estimated to be $795,000 and is included in the 1995 Capital Improvement Program (Project PB-9237). Motion -- Knight moved that the project be approved and the Resolution be adopted. Motion -- carried carried 7 to 0. RESOLUTION NO. R-95- 398 A Resolution declaring and providing for public notice of the governing body's intent to acquire certain fire fighting equipment at an estimated cost of $795,000.00; and declaring it to be the intention of the governing body to issue general obligation bonds of the City of Wichita in an amount not to exceed $795,000.00 to pay the cost of such acquisition, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. SIGNALIZATION PROGRAM CENTRAL BUSINESS DISTRICT SIGNALIZATION PROGRAM. (District VI) Agenda Report No. 95-711. The 1995 Capital Improvement Program includes a project to upgrade downtown traffic signals (MS-9308, page 48). This matter is being brought to the City Council to approve the project, authorize the expenditure of City funds, and approve an agreement between the City and the Kansas Department of Transportation (KDOT). Larger signals and new overhead support structures will be installed. The project is part of an ongoing program to bring the City's downtown signal system into compliance with federal regulations that require overhead signal indications for increased visibility and safety. The estimated project cost is $510,000, with $400,000 paid by Federal funds administered by KDOT and $110,000 paid by the City. The funding source for the City's share is General Obligation Bonds. Motion -- Knight moved that the project be approved and the Resolution be adopted; and the Agreement be approved and the Mayor be authorized to sign. Motion carried -- carried 7 to 0. RESOLUTION NO. R-95- 399 A Resolution authorizing the issuance of bonds by the City of Wichita at large for public improvements to construct central business district traffic signals, Project No. 472-82637, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. LAWSUIT SETTLEMENTS LAWSUIT SETTLEMENTS. a. Case No. 95 C 880 - Vernon Armstrong. Agenda Report No. 95-712. In the summer of 1992, the City negotiated with the owner for the purchase of several properties along 21st Street just to the east of Grove. These purchases were in connection with improvements to 21st Street. An agreement was reached with the owner and the properties were purchased. However, a portion of the property was not owned exclusively by this owner and after the purchase and demolition of the properties the City became aware that another party, Mr. Armstrong, held an interest in this portion. The City and Mr. Armstrong were not able to reach agreement as to the value of the interest that the City had taken in 1992 and a lawsuit was filed by Mr. Armstrong in early 1995 seeking damages in excess of $50,000. After extensive pretrial discovery and investigation of the facts of Mr. Armstrong's claim, the City determined that a resolution of this matter by way of compromise settlement was appropriate (the risks of trial were considered by all sides). After some discussion, the City has been offered an opportunity to resolve the lawsuit by paying $30,000. This represents one-half of the City's 1992 appraisal of the property in which Mr. Armstrong has a 1/2 ownership and interest for the period from 1992 to the present (reduced by the avoided carrying costs, i.e. taxes, insurance and maintenance). Because of the risks associated with litigation, the Law Department recommends acceptance of the offer. Funding for this settlement payment is from the City's Tort Liability Fund. Motion -- Knight moved that payment of $30,000 as a full settlement of the pending lawsuit (Case No. 95 C 880) between Vernon Armstrong and the City be authorized. Motion -- carried carried 7 to 0. b. Case No. 94 C 2562 - Paula J. Mann. Agenda Report No. 95-713. In September, 1992, Mrs. Mann was injured as the result of an automobile accident at the intersection of Topeka and Osie Streets. She was traveling southbound on Topeka when she was struck on the driver's side by a car driven by an employee of Sentinel Patrol who had failed to stop at the stop sign controlling westbound traffic on Osie. The stop sign at that corner was obstructed by trees and shrubs growing partly on the City's right-of-way. Mrs. Mann sued the other driver and the City to recover damages she suffered as a result of the accident. She asked for $420,000 in her lawsuit. After extensive pretrial discovery and investigation of the facts of the claim, the City determined that a resolution of this matter by way of compromise settlement was appropriate (the risks of trial were considered by all sides). A mediation of this claim was held recently with all interested parties and a mediator approved by the court. After a full day of discussions of the merits and weaknesses of the plaintiff's claim and the defendants' defenses, the plaintiff offered to settle the case against the City in return for a payment of $12,500. The plaintiff's medical expenses (past and future) and lost wages to date exceed $30,000. The other driver has offered to pay the plaintiff $75,000. Funding for this settlement payment is from the City's Tort Liability Fund. Motion -- Knight moved that payment of $12,500 as a full settlement of the pending lawsuit (Case No. 94 C 2562) between Paula J. Mann and the City be authorized. Motion -- carried carried 7 to 0. DESIGN SERVICE AGMT. AGREEMENT FOR DESIGN SERVICES FOR FOREST LAKES ADDITION. (District V) Agenda Report No. 95-714. The City Council approved the Forest Lakes Addition development on July 25, 1995. The Agreement between the City and Professional Engineering Consultants, P.A. (PEC) provides for the design of Lateral 2, Main 17, Southwest Interceptor; Lateral 3, Main 17, Southwest Interceptor; Water Distribution System No. 448-88699; Water Distribution System No. 448-88700; and paving Tee Time, Shady Lane, Shadow Lakes, and sidewalk (north of 29th Street North, west of Ridge). Because PEC provided subdivision engineering services for this addition, it can expedite construction plan preparation. Payment will be on a lump-sum basis not to exceed $50,500 and will be paid by Special Assessments. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. 119TH STREET AGMT. AGREEMENT FOR INTERSECTION IMPROVEMENTS AT 119TH STREET WEST AND KELLOGG. (District V) Agenda Report No. 95-715. The Kansas Department of Transportation (KDOT) has approved 80% Federal funding for improving traffic safety at 119th Street West and Kellogg. Sedgwick County has agreed to pay the remaining 20%. A three-party agreement (attached) between KDOT, the City and the County has been prepared. Because 119th Street north of Kellogg is within the city limits and because the project borders the city limits on the north and east sides of the intersection, it is necessary for the City to participate in the agreement to allow the construction. However, because the project's prime purpose is to signalize and control the intersection area that is outside of the city limits, the City is not required to participate in the project's cost. The project consists of: (1) reconstructing and widening 119th Street West to provide one through lane in each direction plus a center left turn lane, and (2) installing a traffic signal system. There are no costs to the City associated with this Agreement. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried sign. Motion carried 7 to 0. PROPERTY ACQUISITION ACQUISITION OF AN EASEMENT FOR RECREATIONAL PURPOSES FOR GYPSUM CREEK BICYCLE PATH. (District VI) Agenda Report No. 95-716. The Gypsum Creek Bicycle Path is contained in the 1994 CIP as Project P-9303. The project calls for the construction of a bicycle path along Gypsum Creek form Towne East Shopping Center to Cessna Park. The project cost is being financed 80% with Federal funds and 20% with local funds. The path is being constructed on existing easements that the City has. Some of these easements are for drainage purposes only so it is necessary that the easements be modified to allow recreational uses. One such easement requiring modification is across within that part of Reserve A, Plant Kingdom Addition to Wichita which is dedicated to drainage and which is owned by Luis Casado, et.al. Staff has negotiated a dedication of the identified property. The owners have voiced several concerns about the proposed project which staff has addressed. All other easements needed for the project have been dedicated. The costs of the project will be paid 80% with Federal funds and 20% with City funds from general obligation bonds. Motion -- Knight moved that the dedication and Easement Agreement be approved and the Mayor -- carried be authorized to sign the necessary documents. Motion carried 7 to 0. PROPERTY ACQUISITION 1527/1531 WEST 55TH STREET SOUTH (TRACT #7A) FOR THE SOUTH SENECA DRAINAGE OUTFALL. (District IV) Agenda Report No. 95-717. The South Seneca Drainage Outfall Project, approved by Council on June 15, 1993, will require the full and partial acquisition of 7 parcels. One property identified for total acquisition is 1527 and 1531 West 55th Street South (Tract #7a). The property is described as the East half of the West 20 acres of the North half of the North half of the Northeast Quarter of Section 30, Township 28 South, Range 1 East, except the East 401.2 feet, and is owned by Lawrence Green. The site consists of two single family dwellings situated on approximately 4 acres. The owner offered to sell both properties to the City for a total of $126,229. A market analysis suggests a price of $43,500 for the property at 1527 W. 55th St. S., and a price of $48,000 for the property at 1531 W. 55th St. S., or a total value of $91,500. The owner of the Site has agreed to sell the property to the City for this price. Funds have been budgeted in the 1995 Capital Improvement Program in the amount of $800,000. A budget of $100,500 in funds includes: $91,500 for acquisition, $8,000 for demolition, and $500 for closing costs, title insurance, and survey costs. This is the second purchase for this project. Total budget costs to date are $101,353. Motion -- Knight moved that the budget and the contract be approved, and the Mayor be -- carried authorized to sign the necessary documents. Motion carried 7 to 0. 602 WEST MAPLE (TRACT #1) FOR THE SYCAMORE/MAPLE INTERSECTION IMPROVEMENT PROJECT. (District IV) Agenda Report No. 95-718. The Sycamore/Maple Intersection Improvement Project, approved by Council on August 22, 1995, will require the full or partial acquisition of 3 commercial properties. One property identified for full acquisition is 602 W. Maple. This property is owned by Print Shoppe, Inc. and is described as: Lots 1, 3, and 5, Slaven's Addition to Wichita, Sedgwick County, Kansas. The property is improved with a 6,250 square foot steel frame building built in 1963. The property is currently vacant. The project will require the elimination of access onto Maple from the property as well as utilizing the South 10 feet of the site for right-of-way. This eliminates the parking and access for the building. When the project is completed, the remainder of the site and the improvements will be analyzed for best future use. At the time of the initiation of this project, the subject property was listed for sale at $99,000. When contacted, the Realtor involved had recently received two offers near $90,000. The owner had instructed him to counter at $96,500 and one of the potential buyers indicated that he would agree to that amount. When informed of the City's plans, the owner agreed to offer the property to the City at this same amount. A review of similar sales in the area indicates that this value approximates market. Funds for the project are an unbudgeted item to be paid out of capital reserves. This project is required in conjunction with the adjacent Ice Rink Project. This is the first purchase for the project. The other two acquisitions are very small partial takings. A budget of $104,500 includes $96,500 for acquisition, $6,000 for demolition of the building if that is the ultimate decision, and $2,000 for closing costs, title insurance, survey, operating and maintenance expenses that are not offset by rental revenue. Motion -- Knight moved that the budget and the contract be approved, and the Mayor be -- carried authorized to sign the necessary documents. Motion carried 7 to 0. 615 WEST MAPLE (TRACT #2) FOR THE SYCAMORE/MAPLE INTERSECTION IMPROVEMENT PROJECT. (District IV) Agenda Report No. 95-710. The Sycamore/Maple Intersection Improvement Project, approved by Council on August 22, 1995, will require the full or partial acquisition of 3 commercial properties. One property identified for partial acquisition is 615 W. Maple. This property is owned by John and Gloria Reiz. The taking is described as: Part of Lot 8, Kaeiser's 2nd Addition to Wichita, Sedgwick Wichita, Sedgwick County, Kansas described as beginning at the northeast corner thereof, thence south along the east line 7.0 feet thence northeasterly 10.25 feet to a point on the north line, 7.5 feet west of said northeast corner; thence east to the point of beginning. The property being acquired is improved as parking for a commercial facility on the site. The project will not effect access on to Maple and does not significantly impact the utility of the property. The acquisition totals approximately 26 square feet. The owners have agreed to sell the property for a negotiated value of $300. Funds for the project are an unbudgeted item to be paid out of capital reserves. This project is required in conjunction with the adjacent Ice Rink Project. This is the third and final purchase for the project. Total budgeted costs to date, including this acquisition, are $97,400 for acquisition, $6,000 for demolition, and $2,300 for closing and miscellaneous costs for a total of $105,700. The remaining acquisition is a very small partial taking. A budget of $400 includes $300 for acquisition and $100 for closing costs, and title insurance. Motion -- Knight moved that the budget and the contract be approved, and the Mayor be -- carried authorized to sign the necessary documents. Motion carried 7 to 0. (Item No. 32) PROPERTY DISPOSITION SURPLUS PROPERTIES LOCATED ALONG GREENWAY BOULEVARD, NORTH OF MT. VERNON AND SOUTH OF HARRY. (District VI) Agenda Report No. 95-720. The properties under consideration are legally described in the attached addendum. These properties were originally purchased May 25, 1931 from Consumers Sand Company for the construction of Greenway Blvd. The project is completed and there are several parts of the right of ways which were acquired that might no longer be needed and may be declared as surplus. Due to the shape and size of some of the sites, the properties do not meet the requirements for constructing a dwelling. There has been a few inquiries in the past by several adjacent homeowners about purchasing some of these areas for extra yard space. A survey will need to be completed in order to determine the size of the parcels excepting Greenway Blvd. and for the City to keep any other right-of-way or easements needed. All City departments and local government entities have been notified and have shown no interest in the property. Since there is no interest in retaining ownership, and because it is costly to maintain, it appears to be in the best interest of the public to declare the property as surplus and offer it for sale to the prior owners, the adjacent owners and to the general public. The City will receive cash consideration for the sale of the property. The surplus and sale of this property to a private party will place additional value into the tax base. Motion -- Cather moved that this Item be referred to the Greenways Commission for recommendation and that it be returned to the City Council in the next 30 days. -- carried Motion carried 7 to 0. ASSESSMENT ROLLS PROPOSED ASSESSMENT ROLLS Proposed Assessment Rolls have been prepared for 24 paving projects, and it is necessary to set a public hearing date. Informal hearing with City personnel will be held September 13, 1995. Motion -- Knight moved that the hearing on the Proposed Assessment Rolls be set for 11:00 a.m., Tuesday, September 19, 1995, and the City Clerk be directed to publish the notices of hearing at least once not less than 10 days prior to the date of the -- carried hearing. Motion carried 7 to 0. ORDINANCES SECOND READING ORDINANCES. (First Reading 8/22/95) ORDINANCE NO. 42-836 GO Bond Ordinance Amend An Ordinance of the City of Wichita, Kansas, amending Ordinance No. 42-616 of the City, which authorized modifications and repairs to public buildings, and authorized the issuance of general obligation bonds for the purpose of financing the costs thereof and supplemented Resolution No. R- 94-222 of the City, in order to increase the estimated costs of the project and the amount of bonds to be issued therefor (Project No. 435-075/790444), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. ORDINANCE NO. 42-837 Sycamore/Maple An Ordinance declaring the intersection of Sycamore and Maple Street (472-82627) 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 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. ORDINANCE NO. 42-838 333 W. Maple An Ordinance providing for the acquisition by eminent domain of certain private property, easements, and right-of-way therein, for the purpose of constructing, and maintaining a public ice arena and to be known as the ice rink 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 the acquisition of the lands, easements, and access control, therein taken and providing for payment of the cost thereof, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. ORDINANCE NO. 42-839 South Seneca Outfall An Ordinance providing for the acquisition by eminent domain of certain private property, easements, and right-of-way therein, for the purpose of constructing, and maintaining the South Seneca Outfall Drainage 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 the acquisition of the lands, easements, and access control, therein taken and providing for payment of the cost thereof, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. FIRST READING ORDINANCE. Motion -- Knight moved that the Ordinance be placed on first reading. Motion carried -- carried 7 to 0. Assessing Ordinance An Ordinance making a special assessment to pay for the improvement of and providing a tax levy for the cost of construction of sidewalks in the City of Wichita, Kansas, introduced and under the rules laid over. OFF AGENDA ITEM ELECTRICAL RATES. Motion -- carried Knight moved that an Item be taken up off the Agenda. Motion carried 7 to 0. Mayor Knight Mayor Knight said he questioned the split rate system in the State of Kansas which results in the rates Wichitans are paying being some of the highest rates in the State. The KCC is now reviewing rate requests and Mayor Knight encouraged City Council support to direct staff to work with WI/SE to determine the implications for the Council in terms of the economy and the position the City is placed in. It is reasonable to ask the Kansas Corporation Commission to do what they can to adjust electric rates to a uniform system of rates. Council Member Kamen Council Member Kamen said he hoped the evidence supporting the case would include rates charged by municipal utilities surrounding Wichita (i.e. Hutchinson, Wellington, and other towns). Consensus of the Council was to support Mayor Knight in this endeavor. Motion -- Knight moved that the Resolution be adopted as the position of the City of -- carried Wichita. Motion carried 7 to 0. RESOLUTION NO. R-95- 397 A Resolution of the City of Wichita expressing concern regarding the need for uniform electrical rates, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. PLANNING AGENDA Marvin Krout Director of Planning stated that Items 36, 41, 46 through 49, and 51 and 52 could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Knight moved that Planning Agenda Items 36, 41, 46 through 49, and 51 and 52 be -- carried approved as consensus Items. Motion carried 7 to 0. A 95-8 A 95-8 - REQUEST TO ANNEX PROPERTY ADJOINING THE CITY, GENERALLY LOCATED WEST OF (Item No. 36) MAIZE ROAD AND 1/4 MILE SOUTH OF 21ST STREET NORTH. Agenda Report No. 95-721. MAPC Recommendation: Approve the annexation request. Motion -- Knight moved that the annexation request be approved and the annexation -- carried Ordinance be placed on first reading. Motion carried 7 to 0. ORDINANCE An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, introduced and under the rules laid over. A 95-8 V-1872 PUBLIC HEARING V-1872 - REQUEST TO VACATE A UTILITY EASEMENT IN AN AREA NORTH OF DOUGLAS AND WEST OF ROCK ROAD. (District II) Agenda Report No. 95-722. Staff Recommendation: Approve vacation of utility easement. MAPC Recommendation: Approve vacation of utility easement. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Kamen moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order be recorded with the Register of Deeds. Motion carried -- carried 7 to 0. V-1925 PUBLIC HEARING V-1925 - REQUEST TO VACATE A PORTION OF A BUILDING SETBACK IN AN AREA SOUTH OF 47TH STREET SOUTH AND WEST OF BROADWAY. (District IV) Agenda Report No. 95-723. Staff Recommendation: Approve vacation of the building setback. MAPC Recommendation: Approve vacation of the building setback. Marvin Krout Director of Planning reviewed the Item for the City Council and said the vacation order should be approved subject to the filing of a covenant on landscaping. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Kamen moved that the public hearing be closed, the vacation be approved as recommended subject to the filing of a covenant on landscaping, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order be -- carried recorded with the Register of Deeds. Motion carried 7 to 0. S/D 94-35 S/D 94-35 - PLAT OF THE BELLE TERRE SECOND ADDITION, LOCATED SOUTH OF CENTRAL AND WEST OF 159TH STREET EAST. Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 95-723. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. A 100% petition has been submitted for the extension of Wichita water to serve this site and consequently an outside-the-City water agreement has also been submitted. As a county site, however, other improvements are being petitioned through the County. Both City and County Certificates of Petitions have been submitted. In order to provide for the ownership and maintenance of Reserves, the applicant has submitted a restrictive covenant. To provide for off-street parking, for lots adjacent to narrow streets, a covenant has been submitted requiring that four (4) off-street spaces be provided for each such lot. Due to very limited access for this development, an easement has been obtained from the adjoining property for the installation of an emergency access road. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. The two dissenting voters were concerned about a gas pipeline corridor being placed in lot easements rather than a separate "reserve" for a portion of its length. Water Agreement There is to be a Water Agreement provided. Restr. Covenant Restrictive Covenants from Downing Development Company, L.L.C. Easement Easement in portions of Belle Terre Second Addition from Downing Development Company, L.L.C. Cert. of Petitions Certificates of Petitions from Robert and Carol Large. Cert. of Petitions Certificates of Petitions from Downing Development Company, L.L.C. 100 Percent Petition for Water Distribution System Number 448-88947 to serve Belle Terra Second Addition (south of Central, east of 143rd Street East) Phase I ($128,000 SA) (Hold for development) 100 Percent Petition for Water Distribution System Number 448-88948 to serve Belle Terra Second Addition (south of Central, east of 143rd Street East) Phase II ($71,000 SA) (Hold for development) 100 Percent petition for Water Distribution System Number 448-88949 to serve Belle Terra Second Addition (south of Central, east of 143rd Street East) Phase III ($56,000 SA) (Hold for development) Motion -- Kamen 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 and Water Agreement be approved as recommended and the Mayor be authorized to -- carried sign. Motion carried 7 to 0. RESOLUTION NO. R-95- 400 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-88947 to serve Belle Terra Second Addition (south of Central, east of 143rd Street East) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Kamen moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-95- 401 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-88948 to serve Belle Terra Second Addition (south of Central, east of 143rd Street East) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Kamen moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-95- 402 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-88949 to serve Belle Terra Second Addition (south of Central, east of 143rd Street East) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Kamen moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. S/D 94-52 S/D 94-52 - PLAT OF THE NEW WESTERN 4TH ADDITION LOCATED SOUTH OF KELLOGG AND EAST OF OLIVER. (District II) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 95-725. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. Street improvement petitions (both 100%) have been submitted in order to guarantee the closure of driveways, reconstruction of sidewalks, relocation of water lines and construction of a turnaround. A Certificate of Petitions has also been submitted. An agreement which allows the property to continue its present use and not provide a permanent drainage and utility easement until such time as or if the site redevelops has been submitted for City Council acceptance. Off- site dedications of street right-of-way (Sylvan Lane turnaround) and a drainage easement have also been provided. A portion of this site has been approved for a zone change (Z-3128) to "LC" zoning. As a requirement of that zone change, a covenant has been submitted for the installation of a screening wall at such time as the "future proposed (re)development" of the site occurs. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Dedication Dedication from Lindy Andeel. Cert. of Petitions Certificate of Petitions from New Western, L.C. Agreement An Agreement is to be provided. Restr. Covenant Restrictive Covenant from New Western, L.C. Easement Drainage Easement from Lindy Andeel. 100 Percent Petition for improving of curb and gutter along Kellogg Avenue and Beverley Drive adjacent to the north and east lines of the plat, and; a sidewalk along Beverley Drive adjacent to the east line of the plat, Project No. 472-82639 to serve New Western Fourth Addition (south of Kellogg, east of Oliver) $16,000 S.A. (Hold for development) 100 Percent Petition for improving of hammerhead turnaround at the northern end of Sylvan Lane adjacent to the south line of the plat, Project No. 472-82640 to serve New Western Fourth Addition (south of Kellogg, east of Oliver) $11,000 S.A. (Hold for development) Motion -- Kamen 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 associated zone change Z-3128 Ordinance be placed on first reading with publication of the Ordinance being withheld until such time as the plat has been -- carried recorded with the Register of Deeds. Motion carried 7 to 0. RESOLUTION NO. R-95- 403 Resolution of findings of advisability and Resolution authorizing improving of curb and gutter along Kellogg Avenue and Beverley Drive adjacent to the north and east lines of the plat, and; a sidewalk along Beverley Drive adjacent to the east line of the plat, Project No. 472-82639 to serve New Western Fourth Addition (south of Kellogg, east of Oliver) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Kamen moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-95- 404 Resolution of findings of advisability and Resolution authorizing improving of hammerhead turnaround at the northern end of Sylvan Lane adjacent to the south line of the plat, Project No. 472-82640 to serve New Western Fourth Addition (south of Kellogg, east of Oliver) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Kamen moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, 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-3128 S/D 94-77 S/D 94-77 - PLAT OF THE VAUTRAVERS ADDITION LOCATED EAST OF HOOVER AND NORTH OF (Item No. 41) K-42. (District V) Agenda Report No. 95-726. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. This site is located in a developed area of the City and needed facilities are already available. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Motion -- Knight moved that the plat be approved as recommended and the Mayor be -- carried authorized to sign. Motion carried 7 to 0. S/D 95-9 S/D 95-9 - PLAT OF THE PEPPERMINT PARK ADDITION LOCATED SOUTH OF MAPLE AND EAST OF 119TH STREET WEST. (District V) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 95-727. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. Petitions, all 100%, have been submitted for sanitary sewer, municipal water and paving improvements. A Certificate of Petitions has also been submitted. Initially, however, this site will use a water well until such time as municipal water is extended to the area. Health Department approval for on-site water service has been obtained. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Cert. of Petitions Certificate of Petitions from Richard Chance. 100 Percent Petition for Water Distribution System Number 448-88945 to serve Peppermint Park Addition (south of Maple, east of 119th Street West) ($8,500 SA) (Hold for development) 100 Percent Petition for construction of Lateral 25, Main 1, Cowskin Interceptor Sewer (south of Maple, east of 119th Street West) Project No. 468-82508 ($15,000 SA) (Hold for development) 100 Percent Petition for improving of Hidden Lake Road located within the Peppermint Park Addition Project No. 472-82633 (south of Maple, east of 119th Street West) ($12,000 SA) (Hold for development) Motion -- Ferris moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 6 to 1. Cather - No. RESOLUTION NO. R-95- 405 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-88945 to serve Peppermint Park Addition (south of Maple, east of 119th Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Ferris moved that the Resolution be adopted. Motion carried 6 to 1. Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. Nays: Cather RESOLUTION NO. R-95- 406 Resolution of findings of advisability and Resolution authorizing construction of Lateral 25, Main 1, Cowskin Interceptor Sewer (south of Maple, east of 119th Street West) Project No. 468-82508 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Ferris moved that the Resolution be adopted. Motion carried 6 to 1. Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. Nays: Cather RESOLUTION NO. R-95- 407 Resolution of findings of advisability and Resolution authorizing improving of Hidden Lake Road located within the Peppermint Park Addition Project No. 472-82633 (south of Maple, east of 119th Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Ferris moved that the Resolution be adopted. Motion carried 6 to 1. Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. Nays: Cather S/D 95-13 S/D 95-13 - PLAT OF THE U.N.B. ADDITION LOCATED SOUTH OF 21ST STREET NORTH AND WEST OF GROVE AVENUE. (District I) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 95-728. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. Motion -- Rogers moved that the plat be approved and the Mayor be authorized to sign; and the Planning Commission's condition for improvement guarantees be waived. Motion -- carried carried 7 to 0. S/D 95-32 S/D 95-32 - PLAT OF THE U.N.B. 2ND ADDITION LOCATED SOUTH OF 21ST STREET NORTH AND WEST OF MADISON AVENUE. (District I) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 95-729. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. Motion -- Rogers moved that the plat be approved and the Mayor be authorized to sign; and the Planning Commission's condition for improvement guarantees be waived. Motion -- carried carried 7 to 0. S/D 95-28 S/D 95-28 - PLAT OF THE SOUTH CITY BAPTIST CHURCH ADDITION LOCATED WEST OF HYDRAULIC AND SOUTH OF 31ST STREET NORTH. (District III) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 95-730. 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. The applicant, however, is requesting that a requirement for the paving of Galena adjacent to the plat's north line be waived. A half paved street has been installed as a requirement during the platting of the addition to the north of this site. The applicant has requested the waiver both because of the cost involved and the belief that the street is not needed for access to the Church and the existing residential uses are adequately served by the existing street. The Planning Commission has recommended waiver of a paving requirement. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Cert. of Petitions Certificate of Petitions from John Andrews and Carroll McKinney. 100% Petition for Lateral 156, Sanitary Sewer Number 22 to serve South City Baptist Church Addition (west of Hydraulic, south of 31st St. South) Project No. 468-82515 ($20,000 SA) (Hold for development) Motion -- Cather moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the paving requirement be waived; the plat be approved as recommended and the Mayor -- carried be authorized to sign. Motion carried 7 to 0. RESOLUTION NO. R-95- 408 Resolution of findings of advisability and Resolution authorizing construction of Lateral 156, Sanitary Sewer Number 22 to serve South City Baptist Church Addition (west of Hydraulic, south of 31st St. South) Project No. 468- 82515 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cather moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. S/D 95-30 S/D 95-30 - PLAT OF THE ABERDEEN COMMERCIAL ADDITION LOCATED NORTH OF 21ST STREET (Item No. 46) NORTH AND EAST OF 119TH STREET WEST. (District V) Agenda Report No. 95-731. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. Petitions, all 100%, have been submitted for sanitary sewer, municipal water and traffic improvements (decel lane and turn lane). Until such time as 119th Street West is paved, the applicant has submitted a temporary dedication of access contro