MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, March 24, 1998 Tuesday, 9:11 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cole, Ferris, Gale, Kamen, Lambke, Rogers; present. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Minister, Cecile Gough, Reorganized Church of Latter day Saints. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. Minutes -- The minutes of the regular meeting of March 17, 1998, were -- approved approved 6 to 0. (Knight abstained) AWARDS AND PRESENTATIONS PROCLAMATIONS Mayor Knight presented the Proclamations previously approved. PUBLIC AGENDA COMMENTS BY FLOYD HANSEN. Floyd Hansen Floyd Hansen, Project Freedom Family and Youth Coalition, expressed appreciation for past City support of projects and programs of Project Freedom Family and Youth Coalition. Project Freedom Family and Youth Coalition (PFFYC) will cease operations at the end of 1998. The Coordinating Center, for which PFFYC serves as lead agency, will continue to function through December 31, 1998. However, new projects for which PFFYC might serve to staff will not be accepted after March 31, 1998. COMMENTS BY SHIRLEY YOUNCE. Shirley Younce Shirley Younce offered the following suggestions of positive ways the community can demonstrate compassion for the disabled population by helping them become more aware of rights and responsibilities as handicap parking users: 1. Corporate sponsors donate money for additional signage that could be posted below the handicapped parking sign as a reminder to hang handicapped placards. Boy Scouts of America could help install the signs as a community project. Business owners could put up signs that say "Handicapped Parking/Permit Only, $100 Fine. 2. Television stations could do commercials to help the handicapped understand various rules and services available. 3. Radio Commercials, quick spots, and public service announcements. 4. City personnel could follow up with suggestions such as making Municipal Court a more user-friendly place and a "hot-line." 5. Brochures of rights and responsibilities could be sent out with each ticket or be left on the window when the ticket is issued. 6. Driver's License Division put more information in the handbook. 7. Improve the letter that is sent out with the ticket for snap-it cases. 8. Circulate more stories in home-town papers in outlying communities to educate out-of-town disabled citizens. 9. Tell disabled relatives to hang their placards or encourage them to get free access plates; and tell citizens if they are seen leaving their vehicles without hanging the placards. 10. Give the handicapped driver, who has valid credentials, the $50 fine plus the option of attending a one-hour educational session on rights and responsibilities for handicapped parking. 11. All court personnel, judges, clerks, and prosecutors, be subjected to the same orientation on the importance of handicapped parking. 12. Municipal Court should be more user friendly. 13. Hot line for anonymous tips of placard abusers. 14. Hearing officer, with facts assembled to be heard before an administrative judge. 15. A review board of peers to help gather facts at no cost to the City. Mayor Knight Mayor Knight asked that Council Member Ferris meet with Ms. Younce and return to the City Council with directions for Council consideration. Council Member Rogers Council Member Rogers said he was not interested in adjusting the regulations for violators. A process is needed for those who forget to show placards. NEW BUSINESS FIREFIGHTERS MUSEUM KANSAS FIREFIGHTERS MUSEUM. (District VI) Chris Cherches City Manager reviewed the Item. Agenda Report No. 98-222. In April, 1982, the governing body authorized retention of Engine House No. 6 for use as a fire museum without additional cost to the City. A lease agreement was approved which allowed the Friends of Engine House No. 6 to lease this property through 2021. Under the lease arrangement, the Friends would be totally responsible for the maintenance and preservation of the facility. In August, 1997, the City Council approved funding to match a grant submittal to the Heritage Trust Fund for certain work to rehabilitate the building. The amount approved was $7,560 to support certain work being requested under the grant proposal. The Museum was unsuccessful in being awarded the grant. The Recently, the Wichita Historic Preservation Board requested that the City Council appropriate funds to help perform certain restoration and rehabilitation work at Historic Engine House No. 6. In August, 1997, the City Council authorized a letter of support to Heritage Trust Grant on behalf of the Kansas Firefighters Museum, Inc., and approved matching funds in the amount of $7,560. To date (from 1996 to current), the Friends have received $17,366.68 in donations, memorials, memberships and fund raising. Approximately 1,415 hours in volunteer labor has been given to the Museum. In addition, $11,640 has been contributed for painting, doors, roof replacement lighting fixtures and trash dumpster. The Historic Preservation Board requests that the City Council continue to show its support for the Kansas Firefighters Museum, Inc., and appropriate an amount "between $7,560 and $57,297 to help finish the restoration and rehabilitation work" at Historic Engine House No. 6. No information has been submitted to support the funding, other than what was contained in the Heritage Trust Grant which indicated the request was for only masonry tuck pointing and parapet repair. Funds were approved for the matching $7,560 grant from the City's 1998 Appropriated Reserves. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Mr. Owens Mr. Owens, President of the Kansas Firefighters Museum, said a roof and brick parapets had recently be installed on the building at an approximate cost of $15,000. Next, it is planned to replace the doors on the front and back of the building. Mr. Owens said the person doing the masonry work was very good and that the brick and mortar would be matched. Motion -- Knight moved that $7,560 be appropriated to the Kansas Firefighters Museum, Inc., to assist in the restoration/rehabilitation work at Historic Engine House No. 6. -- carried Motion carried 7 to 0. SOLID WASTE PROGRAMS FINANCING OF SOLID WASTE PROGRAMS. Steve Lackey Director of Public Works reviewed the Item. Agenda Report No. 98-182 Historically, when the City of Wichita controlled the Solid Waste Management responsibilities of the City/County, four programs, in addition to the operations of the Brooks Landfill, were funded from tipping fees. These programs included limited household hazardous waste, minor support for environmental court dealing with refuse, neighborhood bulky waste, and environmental education. The City has also supported recycling drop-off locations and Christmas tree recycling. Since the County assumed the responsibilities of Solid Waste Management, some of these programs were no longer funded with the understanding that Sedgwick County would assume responsibilities for these special programs. Originally, the recycling locations were supported by the Dillons Stores and later by BFI. However, when the market dropped for recycled materials, BFI was unable to continue without financial support. Sedgwick County indicated that it would assume this service and would enlist support from private sponsors. However, this effort was not successful. The City was asked to pay for this program beginning in the second half of 1997; such funding has continued to date pending a resolution as to the responsibility for continuing these solid waste programs for Sedgwick County. Because of the importance of some of these solid waste programs, discussions have been held between staffs on how these programs could be continued and funded. Various proposals were considered including: transferring the Landfill land and operation to the County; sharing the costs for all solid waste programs on a 50-50 basis; City assuming financial responsibility for all approved programs until 2001 (when the Landfill Permit expires), but with future reimbursement, or a provision for contingency support for future environmental costs at Brooks; and several other possibilities to ensure important solid waste programs continue without interruption. Most of these proposals were rejected. Because of the temporary funding of the drop-off recycling locations and the Christmas Tree recycling, and the uncertain future of funding these (and other solid waste programs previously provided by the City), the City Council is being asked to take action to either fund or discontinue those programs that have in the past been funded by the City. The proposal under consideration at this time is for the City to finance all of the solid waste programs, including the drop-off recycling locations until October, 2001 when the Brooks Landfill is expected to close. Currently, there are fifteen (15) recycling drop-off locations; nine (9) of these are within the City which represent about 60 percent of the program. Request for Proposals was solicited. Two companies responded with bids for providing this collection service. To continue to fund the previously approved solid waste programs and add the recycling drop-off locations ($0.31) will require a tipping fee increase of $0.31, or $26.31/ton. The lowest cost (the BFI Proposal) to provide the recycling locations is $9,500/month for 1998. Future costs would be based on CPI adjustments. For 1998, the monthly recycling costs $5,700 for inside City of Wichita locations and $3,800 for outside City collections. Because of the need to maintain an adequate post closure fund and be able to respond to any potential contingencies created by possible future leakage, the above costs are not recommended to be absorbed in the current established Landfill Budget. The City has the authority to adjust the tipping fee collected at the Brooks Landfill to offset any and all costs associated with the solid waste program. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Council member Ferris Council Member Ferris said the City had contacted the County in an effort to split 50/50 the recycling education and environmental programs costs, and the County was not interested in sharing the cost. These are very important programs and the City Council must continue the funding. Council Member Ferris said he would prefer that the tipping fee not be increased this year. The budget process will commence in the next two months and the City will have adequate reserves in closure funds and allow evaluation during the budget process. The City needs to continue to be prudent with every fee, tax, or increase. Steve Lackey Director of Public Works said the budgets are being built for 1999 and bids for remediation and drainage improvements will be looked at to determine, later, with more accuracy, exactly what the fee should be for beyond 1998. Motion -- Ferris moved that the programs be funded from the reserves that are being built up for other programs; and that during the budget analysis, the 1999 tipping fee to handle these expenses will be determined. Council Member Kamen Council Member Kamen said it is essential to keep these programs going. The programs are a foundation for an economically feasible method to recycle and to handle waste. Compared to the program the County is looking at, this is a much neater and better system. The end result of recycling should not be for recycling sake, but there should be some economical advantage to recycling. Hopefully, before Brooks Landfill is closed, the County will change their mind on their recycling programs and will come to a method or compromise to work with the Wichita City Council so there will be some economic benefit to the recycling programs. Steve Lackey Director of Public Works, responding to a question, stated that the amount of small waste going into Brooks Landfill seems to be staying the same over the last few years, and is staying around the half-million tons/year plus the three days of free dumping twice a year. The small waste is not "falling off" which seems to be an indication of the economic activity in the area. Council Member Rogers Council Member Rogers suggested an in-depth look into why there is not a drop-off recycle box within District I. -- carried Motion carried 7 to 0. RECESS The City Council recessed at 9:55 a.m. and reconvened at 10:05 a.m. DP-95 AND Z-3264 DP-95 - AMENDMENT #2 - REQUEST TO AMEND THE FANTASEA COMMERCIAL COMMUNITY UNIT PLAN; AND Z-3264 - ZONE CHANGE FROM "SF-6" SINGLE-FAMILY RESIDENTIAL TO "GC" GENERAL COMMERCIAL. Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 98-221. MAPC Recommendation: Approve the request, subject to platting within one year and to conditions. CPO Recommendation: Approve the request, subject to platting within one year and to conditions. Staff Recommendation: Approve the request, subject to platting within one year and to conditions. The applicants propose to amend the Fantasea Commercial Community Unit Plan (DP-95), located south of K-96 and east of Woodlawn, in order to add approximately 8.1 unplatted acres into the existing 35.5 acre C.U.P, and revise the permitted use list and other conditions for the C.U.P. The application also includes a request to rezone the 8.1 acres to the "GC" General Commercial district, which already underlies the 35.5 acres governed by DP-95. This request has been returned to CPO(2) and the MAPC by the City Council on February 10, 1998 for consideration of a "scaled down" version of the original proposal. The applicants have revised the amendment in an effort to address the concerns of area residents and planning staff, specifically to retain the Fantasea water park and reduce the combined scale of the proposed commercial development. As submitted, the new plan still places the 129,996 square foot Home Depot use in the northwest corner of Parcel "A", with an additional 7,500 square feet of future retail/commercial coverage south of the proposed major entrance to Woodlawn. The original request for an additional 90,000 square feet of commercial space east of Home Depot, plus 300+ apartment units, is no longer part of the request. The revised site plan shows the main entrance into Parcel "A" located approximately 300 feet to the north of the 32nd Street and Woodlawn intersection, leaving 32nd Street unchanged. The entrance would be signalized, and include 3 lanes (one in and two out). There is a second access (right in and out only) to the parcel approximately 200 feet further to the north. The property line to the south includes a 50 foot landscaped buffer strip with a 6 foot berm that narrows near Woodlawn to 38 feet. The amendment intends to revise the use list for the west 675 feet (Home Depot site) of the reconfigured Parcel "A" to allow the following: automatic teller machine, bank or financial institution, construction sales and service (subject to conditions), convenience store, office (general), parking area (commercial and accessory), restaurant, retail (general), and vehicle repair (limited). The remaining portion of Parcel "A" (Fantasea site) will retain the existing permitted uses. The C.U.P. also provides various general provisions, including but not limited to the following: building setbacks, special lighting restrictions, sign restrictions, access controls, and screening requirements. The portion of the application area to be added to DP-95 is currently approved as Parcels 1 through 4 of the Woodlawn Power Center Commercial Community Unit Plan (DP-228) and approved for "LC" Limited Commercial zoning (Z- 3229), subject to platting the property. Since platting has not been finalized for that tract, this application will seek to rezone that portion of the application area defined by Parcels 1 through 4 of DP-228 from "SF-6" Single- Family Residential to "GC" General Commercial. The application area is bordered by K-96 to the north with additional commercial ("LC") property located north of the interchange. Property across Woodlawn to the west is zoned "SF-6" and is part of the Chisholm Creek Park. There is a day care center and school within Parcel B and C of DP-95, with a single-family subdivision located south of the site across 32nd Street North. There is a townhouse-style apartment development located east of the subject tract on property zoned "MF-18". During the Planning Commission meeting on January 15, 1998, on the original request, questions concerning the applicant's traffic study and other elements of the staff report were discussed by several Commissioners and staff. The agent for the applicant described their proposal and addressed some of the statements made in the staff report. The agent also explained the various meetings his group had with interested parties and the effort given in an attempt to address their concerns. Numerous area residents voiced their concerns over the potential traffic impacts this new use would have on 32nd street and Woodlawn, the impact on Gammon Elementary, the loss in property value, and they also voiced their opinion that this change would be entirely out of character with the surrounding land uses. The neighborhood also disputed the claim that Fantasea was not an economically viable use. These comments had been voiced earlier that week, at a meeting of CPO Council 2, and that Council voted (8-1) to recommend denial. After discussion, the MAPC voted (6-2) to deny the request, citing staff's findings. Following the January 15, 1998 MAPC hearing, the applicants developed a new concept for this site. The new concept included the Home Depot store, and another small "pad" site, on the western 11 ± acres of the application area, and retains the Fantasea water park, with reconfigured parking, on the balance of the land. The applicants' agent summarized this new proposal at the subsequent MAPC meeting, suggesting that this new proposal go back through the hearing process. The MAPC, with the endorsement of the Planning staff, voted (7- 0, with 1 abstention) to recommend to the City Council that the revised proposal be returned to the MAPC and CPO(2) for reconsideration. At the February 10, 1998, City Council meeting the matter was returned to CPO(2) and the MAPC for reconsideration. Based on the new development plan, CPO(2) voted (5-2) to recommend approval of the request, subject to staff recommendations, including dense evergreen tree plantings on the berm along 32nd Street, and traffic improvements on both Woodlawn and 32nd Street during their February 23, 1998, meeting. The case was heard during the February 26, 1998 MAPC meeting, and after again hearing opposition to the request from area residents, the Planning Commission voted (6-4-1) to recommend approval, subject to staff recommendations. The MAPC recommendation included the deletion of the "pad" site at Woodlawn and 32nd Street. Marvin Krout Director of Planning recommended the addition of clarifying conditions with regard to the GCU near Woodlawn and K-96: 1) Outside storage be limited to the standards in the Limited Commercial District; 2) Outside display be limited to the area allowed by Limited Commercial plus the display area that is proposed that is proposed west of the building, and the display area be fenced with wrought iron or similar decorative material approved by the Planning Director; and 3) The last place for outside display would be the seasonal garden display area south of the building which is delineated on the site plan that is part of the application. Motion -- Kamen moved that the amendment to Condition #12 of DP-95, the CUP governing the Fantasea parcel, to allow single family uses "by right" on that parcel, as recommended by the MAPC; further, that all uses that are allowed "by right" in the SF-6 (single family) zoning district, which would include churches and schools, be permitted on that parcel. This would permit the Fantasea site to be redeveloped with church or school uses as well as single family homes if it -- carried ceases to be used as a waterpark. Motion carried 7 to 0. Bill Knoth Bill Knoth, representing the applicant, said there would be approximately 200 people employed full-time but because they would work over several 30 to 40 hour shifts throughout the week, they would not all be there at one time. Kevin Woodard Traffic Engineer, responding to questions, said the traffic engineering consultant, Austin-Miller, did the traffic engineering study. Based on the traffic engineering study, signals would still be warranted. Traffic counts on woodlawn are between 17,000 to 18,000 vehicles per day. Woodlawn capacity, to remain at level C, is 32,000 vehicles per day. Regarding monitoring traffic on 32nd, the Traffic Engineer said traffic on 32nd and on Woodlawn should be counted now (to provide a baseline) and counted periodically so the impact of developments can be determined. Council Member Rogers momentarily absent. Mayor Knight momentarily absent with Vice Mayor Cole in the Chair. Council Member Kamen Council Member Kamen said this is exactly the same process he went through with Rock Road and Woodlawn traffic problems have the potential to be the same as the Rock Road traffic problems. Marvin Krout Director of Planning, answering a question, said a Dillon's store would generate more traffic per square foot than Home Depot, and a Dillons store could be built on this location, after platting, now. Motion -- Kamen moved that the request to rezone the 8.1 acre parcel to General Commercial be denied, and the revised request by the owner of that parcel and of the Fantasea parcel to expand DP-95 and amend the conditions in order to permit 130,000 square feet of commercial development near the corner of Woodlawn and K-96 be denied; and the findings in support of the motion be cited as follows: (1) The zoning, uses and character of the neighborhood. The area is characterized by much lower intensity uses than is being proposed, with single family homes, moderate density apartments, schools and a park in the surrounding area. The proposed commercial development is much larger in scale and greater in intensity than any of the surrounding existing uses. While it is true that a substantial commercial development could occur on the northwest 8.1 acre tract under the currently approved zoning, less building coverage is permitted on that tract than is being requested in this application. Furthermore, the shape of the tract as well as its size will limit the potential for a separate development of the same scale that is being requested in the application. (2) Suitability of the subject property for the uses to which it has been restricted. The development of limited commercial uses on the 8.1 acre portion of the site can occur as already approved. With regard to the remainder of the site, there have been statements that the current waterpark use is "unprofitable", but there is no evidence in the record to that effect, and the continuous operation of the waterpark over the past 15 years would suggest otherwise. There has also been some suggestion that single family use would not be suitable for this land, due to its freeway location and the cost of land preparation. But at the hearings, it was pointed out that there are successful subdivisions along this same freeway, and there is again no evidence that the cost of land preparation is prohibitive. The modification to the CUP in my motion will clarify that the waterpark site can develop with single family lots without the need to rezone, and it will also permit church or school uses, which would be more compatible with the single family to the south. (3) Extent to which removal of the restrictions will detrimentally affect nearby property. There is considerable testimony in the record from neighbors in this area that the development as proposed will increase traffic and crime problems, and that the large scale of the building, together with the signage and lighting and late-hour activity, will reduce the peaceful enjoyment of their properties. (4) Length of time the property has remained vacant as zoned. The Fantasea property, including the front parking area, has been in continuous use for the past 15 years. The 8.1 acre parcel has been vacant for many years, but the "LC" zoning has never been officially completed and available for the development of this site, and the property was in receivership for a portion of this time, so it has not been on the market for very long. (5) Conformance to the adopted Comprehensive Plan or other plans/policies. While the Land Use Guide of the adopted plan does show this site as appropriate for commercial uses, that map was prepared based on recognition of the existing zoning and uses. It does not necessarily mean that any type of commercial use or any amount of commercial development is appropriate. The purpose of CUPs is to ensure that large-scale uses are well planned and considerate of their particular surroundings, and in this case, the use is out of scale with the surrounding area. This particular site is also not one of the several locations specifically identified in the Plan for "large-scale retail". (6) Neighborhood support or opposition. There has been substantial opposition from neighboring residents throughout the process, as evidenced from the testimony at the public hearings and the petition signed by hundreds of citizens. Neighborhood representatives have made it clear that the revised proposal is still unacceptable from their standpoint. Council Member Ferris Council Member Ferris said this should be looked at as a land-use issue. The Comprehensive Plan calls for retail at off ramps of freeways, and this is at an off ramp of a freeway. There is a net difference of 500 cars per day which is substantially different than adding 7,000 cars per day. This area has been vacant for LC zoning for a number of years. There is no doubt there is neighborhood opposition but the City has been rebuffed by the courts in cases before as the courts do not put too much weight to neighborhood opposition. The character of the neighborhood is clearly commercial. Substitute motion -- Ferris moved a substitute motion that the findings of the MAPC be concurred with and the zone change and CUP amendment be approved, subject to the recommended conditions; and the Zoning Ordinance Z-3264 be forwarded for first reading when the plat is forwarded to the City Council. Mayor Knight Mayor Knight stated that this is an inappropriate development for the neighborhood; and he has always tried, if possible, to side with citizens, and clearly, the right thing to do would be to deny the request. Council Member Rogers Council Member Rogers said it is currently possible to build a larger building on the site. All, including the developers are citizens and all should be heard. Council Member Rogers said he did not find it to be in the compelling public interest to deny the request and that he would vote for the substitute motion. The developer can already build a building that would increase the traffic to a greater number than the proposed Home Depot would generate. This is also a commercial area. Council Member Gale Council Member Gale spoke in support of the substitute motion and stated that this proposal is considerably different from the original proposal. There are signal lights and turn lanes proposed which would help with the traffic problems. A big difference is the screening to the south which, compared to current screening requirements, is considerably more with the current proposal. Council Member Cole Council Member Cole said the applicant had done all and more than is usually required and the neighborhood has become a moving target. However, the project cannot be supported because the over-all impact will be greater than projected. Council Member Lambke Council Member Lambke said that the line-of-sight is such that the building could not been seen from 32nd street over the trees. This will not be an eyesore. Also, there were people from Derby, Rose Hill, and all over who signed the protest petition. These are people who should not have a concern. Amendment -- Ferris, with consent of the second, amended the motion to add that 1) Outside storage be limited to the standards in the Limited Commercial District; the 2) Outside display be limited to the area allowed by Limited Commercial plus the display area that is proposed that is proposed west of the building, and the display area be fenced with wrought iron or similar decorative material approved by the Planning Director; and 3) the last place for outside display would be the seasonal garden display area south of the building which is delineated on the site plan that is part of the application. -- carried Substitute motion, as amended, carried 4 to 3. Cole, Kamen, Knight - No. EXECUTIVE SESSION Motion -- Knight moved that the Council recess to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to pending and potential litigation, legal advice, and contract negotiations; and the regular meeting be resumed at 12:30 p.m. in the -- carried City Council Chambers. Motion carried 7 to 0. RECESS Council recessed at 11:35 a.m. and reconvened in regular session at 12:45 p.m. *Council Member Cole absent. Mayor Knight Mayor Knight announced that no action was necessary as a result of the executive session. TRANSIT SYSTEM WICHITA TRANSIT SYSTEM - SERVICE OPTIONS. Chris Cherches City Manager reviewed the Item. *Council Member Cole present. Agenda Report No. 98-223. Shortly after Wichita Transit was made a City Department in June 1997, the Council requested Council member Kamen to lead a review of transit operations and work with City staff to develop a transit service plan that improved the efficiency and effectiveness of the transit system. On January 27, 1998, a proposed transit plan was presented to the City Council. The Council voted to refer the recommendations to the Wichita Transit Advisory Board for public hearing and recommendations. The recommendations that were referred to the Wichita Transit Advisory Board included the following: 1. Accept the base service, with minor route modifications- The Transit system will continue with the current service hours and fixed route structure. However, several routes need to be modified to enhance service to the transit riders. These modifications involve a streamlining of the current routes, to enhance service to areas in which transit riders and/or trip generators are more prevalent. 2. Neighborhood Circulator Service - An experimental circulator system will be developed, which will provide van service in the form of a "dial-a-ride" or "point deviation" service. The service will be targeted towards an area of Wichita not extensively served by the fixed route system and will serve as a feeder into the fixed route system. 3. Increase The Base Bus Fare - The recommendation would increase the base bus fare by 25 cents (to $1.25) and the base para-transit van fare by 50 cents (to $2.50 per ride). This level of fare increase would provide revenue to offset the on-going cost of the recommended service enhancements. 4. Develop an Income Pass Program Using CDBG Funds - The City Council has previously approved the allocation of $46,000 in CDBG funds for transit assistance. The recommendations include developing an assistance program for certain low income riders, utilizing the CDBG funds. 5. Add Additional Bus Shelters - A total of 15 additional shelters are recommended. Ridership surveys have noted that providing more shelters is a desired service enhancement. 6. Authorized Marketing to Larger Employers - It was recommended that Wichita Transit market bus service to larger employers, if such a service can be provided on a self-sustaining basis. 7. Approve Technological Improvements - To improve the fare monitoring and auditing functions, investing in electronic farebox technology is recommended. Also, automated vehicle location system technology will be explored, to determine possible applications. This technology can improve route management and scheduling. Based on the City Council recommendations, the Wichita Transit Staff has developed plans to implement the Council recommendations. The modifications to the current route structure will not result in a net increase to Transit budget. The current number of routes or hours of service will not be changed: the routes will be slightly modified to more effectively service the ridership. Wichita Transit has also developed an operational plan to implement the Neighborhood Circulator Service. A base fare of $1 is planned, with additional 25 cent fees for point deviations or transfers to the fixed route service. The service is estimated to cost $94,250 annually (net of revenue). Assuming that the service can be implemented in May, an additional appropriation of $62,830 would finance the 1998 service. A base fare increase was last implemented in the fall of 1996 (from 85 cents to $1). Farebox receipts currently offset approximately 25% of the cost of fixed route services and approximately 15% of the cost of para- transit service. The demand for bus service is elastic. An increase in base fare will generate an estimated $97,080 in additional revenue; however, it will be expected to decrease the number of bus riders. The demand for para-transit van rides is much more in-elastic, and the impact of a fare increase on ridership is expected to be insignificant. Wichita Transit has developed an outline for a program to provide CDBG financed assistance to certain low income riders. Discount vouchers would be distributed to appropriate families through non-profit organizations and the Human Services Department. Funding to invest in technology improvements is anticipated in the 1999 CIP. Federal capital grant funds are estimated to finance 80% of the costs. The Wichita Transit Advisory Board has reviewed the Council recommendations at a February 26, 1998, Board meeting and a March 13, 1998, public hearing and Board meeting. The advisory board returned the following comments regarding the Council recommendations: 1. The Board endorsed the fixed route modifications as recommended by Council. The Board also concurred with the Council recommended experimental circulator service. The Board reviewed and endorsed the Transit staff's implementation plan for providing the circulator service. 2. The Board recommended that the fare increase be deferred, noting that farebox revenues are currently strong. The Board also noted that, with a commitment to contain costs and operate within the budgeted amounts, the Transit Fund could maintain adequate fund balances in the near term without a fare increase. Concurrent with the recommendations to defer a fare increase, the Board also recommended that implementation of the low income rider assistance program be deferred until such time as a fare increase becomes necessary. 3. The Board also concurred with the recommended technology improvements, the increased marketing to larger employers and the acquisition through the CIP of additional bus shelters. Adding a neighborhood circulator service for a six month trial period in 1998 would cost an estimated $47,130. Based on the projected funds balances, the additional cost could be absorbed during the six month trail period. However, extending the service beyond a trial period will significantly erode Transit Fund balances and necessitate a fare increase thereafter to offset the long term costs of continuing the circular service and meet other cost increases. The costs of including the technological improvements will be funded 80% with federal grant dollars. The matching City funding can be included in the CIP. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Kamen moved that the proposed transit operational plan be approved, except that there be a six-month moratorium on the fee increase and pass program items; and Staff be authorized to implement the necessary actions. Council Member Ferris Council Member Ferris explained that he felt the fare increase and CDBG funding should be enacted now. -- carried Motion carried 6 to 1. Ferris - No. CSBG GRANT APPLICATION GRANT APPLICATION FOR COMMUNITY SERVICES BLOCK GRANT FUNDS. Chris Cherches City Manager reviewed the Item. Agenda Report No. 98-224. The Community Services Block Grant Act provides funds to States for grants to local Community Action Agencies. The purpose of the program is to provide assistance to eligible entities to help ameliorate the causes of poverty in communities. The City of Wichita is the official Community Action Agency for Sedgwick County and has applied and been approved for a grant under this program for each year of the program. The Community Services Block Grant program is administered in Kansas by the Kansas Department of Commerce and Housing (KDOC&H). This application is for a continuation of the grant activities for the program year beginning April 1, 1998. If approved, the grant will provide continued funding for Human Services Department staff and neighborhood center operations as well as essential client services such as utility and rent assistance and other activities directed toward self- sufficiency. Services under this grant will be available to the low-income population throughout Sedgwick County. The application has been reviewed by the Human Services Board and recommended for approval. The grant period is from April 1, 1998 to March 31, 1999. The amount of the grant request is $808,804. No local funds are requested. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the application be approved and Staff be authorized to submit -- carried the application and accept funds. Motion carried 7 to 0. NORTHEAST MAINTENANCE NORTHEAST MAINTENANCE SUBSTATION SITE. (District II) Steve Lackey Director of Public Works reviewed the Item. Agenda Report No. 98-225. Public Works, Street Maintenance activities for the City of Wichita are conducted from three facilities: the Central Maintenance Facility (CMF) at 1801 South McLean, the West Substation at Third and Gilda, and the Northeast Substation at 33rd Street North and Hillside (north of K-96 and Hillside). The present Northeast Maintenance Substation (NE Sub) was constructed in 1974 to accommodate Street Maintenance operations for the east half of the City. It was constructed on a 20 acre site with an office, garage, outbuildings for material/equipment storage, and paved staging areas. In 1991, construction of the K-96 Highway severed the site and removed 80% of the work area, including all the outbuildings and nearly all storage and staging areas. On October 15, 1996, the City Council authorized the Staff Screening and Selection Committee to select a design consultant to do a site study to recommend modifications necessary to continue operation of the present facility. On March 18, 1997, the City Council approved the Contract with McCluggage Van Sickle & Perry Corporation for architectural and engineering services for the site study. The objectives of the site study were to determine the most cost effective strategy for restoration of the facility and maintenance functions, develop layout concepts for developing the facility to the west and/or east to include current and future maintenance functions, and make a final recommendation as to the use and layout of the available land area. The consultant has completed the site study and has made a final recommendation for the needed site modifications. Approval is needed to proceed with the Schematic Design, Design Development, and Construction Documents Phases of this project. The 1998-2007 Capital Improvement Program (CIP) provides for $1,600,000 in Local Sales Tax Funds for modifications necessary to continue operations of the Northeast Substation (PB-9406). At the October 15, 1996 meeting, City Council designated the funds for site modifications be used for a site study and evaluation and approved the Ordinance (43-309). Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Kamen moved that the Contract be approved and the Mayor be authorized to execute; -- carried and the Ordinance be placed on first reading. Motion carried 7 to 0. ORDINANCE An Ordinance amending Ordinance No. 43-309 of the City of Wichita, Kansas, declaring K-96 Highway, from I-135 to the east City limits, 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 and repealing the original thereof, introduced and under the rules laid over. AUBURN HILLS PROPOSED COMMUNITY CENTER - AUBURN HILLS. Chris Cherches City Manager reviewed the Item. Agenda Report No. 98-226. Council Member Ferris has requested City Council consideration for initiation of a capital project to fund $100,000 for construction of a community center to be included as part of the Auburn Hills Golf Course Clubhouse. The center component of the clubhouse complex would provide space and furnishings for community meetings of up to 200 people. There are no general purpose public meeting accommodations in Wichita west of the Floodway, an area of 60,000 people experiencing the fastest growth in the city. Currently, many meetings are difficult to schedule through limited availability of schools or other facilities. At some point in time, it may be necessary for the City to construct some community center facility in this area which could be expected to cost a minimum of $300,000. Construction of a community-type facility in conjunction with the new municipal golf course clubhouse provides an opportunity for economies in construction costs and use of a multipurpose facility which can share parking, restrooms and other ancillary amenities. If the City Council determines to proceed with this project, it would be necessary to initiate a capital project and designate the source of funding which is recommended to be General Fund Appropriated Reserves. A Council action to approve the project should also include action to transfer funds in the amount of $100,000 from the General Fund to a capital project account. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Council Member Rogers Council Member Rogers said the City should check with the schools, county, and state in an effort to work together on community centers and projects. Motion -- Ferris moved that the project be approved and the funding, as proposed, be -- carried authorized. Motion carried 7 to 0. DDC FUNDING REQUEST REQUEST FOR FUNDING BY THE DOWNTOWN DEVELOPMENT CORPORATION. Ray Trail Director of Finance reviewed the Item. Agenda Report No. 98-227. On March 3, 1998, the City Council approved a grant proposal from the Downtown Development Corporation (DDC) in the amount of $150,000 for services by the DDC in marketing select City real estate in the core area. Subsequently, the Downtown Development Corporation determined that it was not in a position to continue to provide the marketing services. The DDC has requested that it be reimbursed for actual expenses incurred over the first quarter of 1998. Finance staff has reviewed the specifics of the requested reimbursement. The first quarter reimbursement would be for a total of $17,639 =, less a credit of $8,269 (from the unexpended balance of the 1997 contract with the DDC) for a net final payment of $9,370. The reimbursement would cover the salary and benefits for a staff position plus administrative overhead costs. The funding to pay the reimbursement is available in the 1998 General Fund. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that final payment to the Downtown Development Corporation in an -- carried amount not to exceed $9,370 be approved. Motion carried 7 to 0. CITY COUNCIL AGENDA TRAVEL APPROVAL APPROVAL OF MAYOR KNIGHT'S TRAVEL, JUNE 19-23, 1998, TO RENO, NEVADA, FOR U. S. CONFERENCE OF MAYORS MEETING Motion -- carried Gale moved that the travel expenses be authorized. Motion carried 6 to 0. (Knight abstained) APPROVAL OF MAYOR AND MRS. KNIGHT'S TRAVEL, MAY 6-9, 1998, TO ORLEANS, FRANCE, FOR SISTER CITIES OFFICIAL VISIT AND 25TH ANNIVERSARY CELEBRATION Motion -- carried Kamen moved that the travel expenses be authorized. Motion carried 6 to 0. (Knight abstained) APPOINTMENTS BOARD APPOINTMENTS (FOR TERMS EXPIRING JUNE 30, 1999) Board of Appeals of Air Conditioning, Refrigeration, Warm Air Heating and boilers (2 appointments - Mobile Home Mechanic and Architect - Council at large) Commission on the Status of People with Disabilities (2 appointments - Cole, Kamen) Wichita Athletic Commission (3 appointments - Council at large) Wichita Commission on the Status of Women (2 appointments - Kamen, Lambke) Motion -- Kamen appointed Tracy Freeman and Shirley Smith (Women) and moved that the -- carried appointments be approved. Motion carried 7 to 0. PROCLAMATIONS PROCLAMATIONS. Fair Housing Month Week of the Young Child Better Hearing and Speech Month Motion -- carried Knight moved that the proclamations be authorized. Motion carried 7 to 0. CONSENT AGENDA Knight moved that the Consent Agenda, except Item 22, including Addendum Item 33g, be approved in accordance with the recommended action shown thereon; and that Addendum Item 23a be deferred to the next Council meeting. Motion carried 7 to 0. BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED MARCH 23, 1998. At 10:00 a.m., Friday, March 20, 1998, pursuant to advertisements published, bids were received, publicly opened, read aloud and tabulated for the Board of Bids and Contracts: (Ref: Bid analysis report attached to Board of Bids Minutes March 23, 1998) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: Sewers, Paving and Water Mains as per specifications PUBLIC WORKS DEPARTMENT/STORM WATER MANAGEMENT DIVISION: Drainage-way Mowing (133116) Complete Landscaping Systems, Inc. - $54.00 (Cost per acre per mowing) GENERAL GOVERNMENT DEPARTMENT/PROPERTY MANAGEMENT DIVISION: Lawn Mowing, Trimming and Edging at Various Locations (205021) Deluxe Lawn Services - $ 25.00 (Total Group I per mowing) Cameron Lawn Service - $ 50.00 (Total Group II per mowing) Al's Lawn Service - $465.00 (Total Group III per mowing) Deluxe Lawn Services - $ 12.00 (Total Group IV per mowing) HUMAN SERVICES DEPARTMENT/WICHITA HOUSING AUTHORITY DIVISION: Lawn Mowing, Trimming and Edging Service (127001) Tony E. Rich Lawn Service - Group I: $15.00 (Item #1 per mowing) $15.00 (Item #2 per mowing) $15.00 (Item #3 per mowing) $15.00 (Item #4 per mowing) $15.00 (Item #5 per mowing) $50.00 (Item #6 per mowing) $15.00 (Item #7 per mowing) Cameron Lawn Service - Group II: $25.00 (Item #1 per mowing) $25.00 (Item #2 per mowing) $12.50 (Item #3 per mowing) Cameron Lawn Service - Group III: $30.00 (Item #1 per mowing) $30.00 (Item #2 per mowing) Al's Lawn Service - Group IV: $59.00 (Item #1 per mowing) $61.00 (Item #1 per mowing) POLICE DEPARTMENT DEPARTMENT/TRAINING DIVISION: Uniform Shoes (083600) Law Enforcement Equipment Co. - $51.30 (Item #1 per pair) $39.35 (Item #2 per pair) $56.80 (Item #3 per pair) $53.60 (Item #4 per pair) GENERAL GOVERNMENT DEPARTMENT/OFFICE OF CENTRAL INSPECTION DIVISION: Exterior Paint and Primer (618637) Dupaco Paint, Inc. - $7.85 (Item #1 per gallon)* $8.50 (Item #2 per gallon)* $9.75 (Item #3 per gallon)* $9.50 (Item #4 per gallon)* *2%-30 Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid, and the necessary signatures be authorized. Motion carried 7 to 0. LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1998 (Consumption on Premises) Charlene K. Schneider Ty's Diner Inc.*928 West Second Street (Consumption off Premises) Ly Ngoc Thi Nguyen Thai Binh Supermarket1530 West 21st Street John R. Leftwich Coastal Mart #91571925 West 21st Street John R. Leftwick Coastal Mart #73033810 North Woodlawn New Operator 1998 (Consumption on Premises) Dale Henry Tropics Lounge*2705 North Broadway Thinh Dao D. Emperor of China Restaurant7011 West Central #116 *General/Restaurant -- 50% or more of gross receipts derived from sale of food. Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 7 to 0. PLANS AND SPECS. PLANS AND SPECIFICATIONS. a. 1998 Sanitary Sewer Reconstruction Program, Phase I (east of Hydraulic, north of Kellogg). (468-82788/621870/533-298) Traffic to be maintained throughconstruction using flagpersons and barricades. (Council approval date 1-7-97) (Districts I, II, III AND VI) b. 1998 Sewer Reconstruction Program, Phase II (Mosley, Murdock to 11th). (468-82825/620039/533-355) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 1-6-98) (District I) c. 1998 Sanitary Sewer Rehabilitation Program, Phase B (east of Hydraulic, north of Pawnee). (468-82827/620047/533-356) Traffic to be maintained through construction. (Council approval date 1-6-98) (District I II and III) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., April 3, 1998. Motion carried 7 to 0. d. Replacement of the Douglas Avenue Bridge over the Arkansas River (McLean Boulevard. to Waco Street). (472-82721/715482/415-062) Closed to through traffic. (Council approval date 12-9-97) (District VI) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., April 24, 1998. Motion carried 7 to 0. SUBDIVISION PLANS AND SPECIFICATIONS. a. Water Distribution Lines to serve an area generally bounded by 46th St. N., Little Arkansas River, 49th St. N. and Arkansas Ave, and 49th St. N., Seneca St., 53rd St. N. and Arkansas Ave. (448-89216/448- 89244/734194/734376/470497/470515) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 11-4-97/3-17-98) (District 6) b. Water Distribution System to serve Highland Springs Addition (south of Central, west of 135th Street West). (448-89241/734343/470512) Traffic to be maintained on 135th Street during construction. (Council approval date 3-3-98) (District 5) c. Storm Water Sewer #461 to serve Prairie Woods Addition (north of Pawnee, east of Maize). (468-82468/751123/485147) Does not affect existing traffic. (Council approval date 6) (District 5) d. Lateral 16, Cowskin Interceptor Sewer to serve Highland Springs Addition (south of Central, west of 135th Street West). (468- 82812/743401/480431) Traffic to be maintained on 135th Street through construction. (Council approval date ) (District 3-3-98) e. Landscaping Bradley Fair to serve Webb Road Commercial Addition and Unplatted Tracts (south of 21st Street North). (472- 82912/764852/490587) Does not affect existing traffic. (Council approval date 3- 3-98) (District 2) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., April 3, 1998. Motion carried 7 to 0. PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. 1998 Contract Maintenance Preservative Seal of Asphalt Streets (at various locations). (131540/110000) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 12-16-97) (Districts V and VI) - $60,207.00 b. 1998 Contract Maintenance Quickset Slurry Seal of Asphalt Streets (at various locations). (131557/110000) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 12- 16-97) (Districts I, III, IV, V AND VI) - $300,653.50 c. 1998 Contract Maintenance Surface Milling & Asphaltic Concrete Overlay of Asphalt Streets, and 1997 Enhanced Maintenance Surface Milling and Asphalt Concrete Overlay of Asphalt Streets (at various locations). (132282/706648/112000/405-218) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 12-16-97) (Districts All) - $1,082,339.00 d. 1998 Contract Maintenance Area Concrete Repairs (at various locations). (132357/112000) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 12-16-97) (DistrictsI, III, IV, V and VI) - $313,283.00 e. Maize Court from Maize Road West to and including the cul-de-sac, and Sidewalk on the south side of Maize Court from Maize Road to and including the cul-de-sac to serve Huntington Park Addition (south of 13th, west of Maize). (472-82896/764738/490-575) Does not affect existing traffic. (Council approval date 12-19-97) (District V) - $82,000.00 f. Smarsh Street from the south line of 21st Street North to the north line of Cornelison, and; Cornelison from 160 feet west of the west line of Smarsh easterly 813 feet to serve Barrington Corner Second Addition (south of 21st, west of Ridge). (472-82884/764688/490-570) Does not affect existing traffic. (Council approval date 10-28-97) (District V) - $165,000.00 Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 7 to 0. PAVING PETITIONS PETITION FOR DECEL AND LEFT TURN LANES TO SERVE NEWMARKET SQUARE ADDITION (NORTH OF 21ST STREET, WEST OF MAIZE). (District V) Agenda Report No. 98-228. The signature on the Petitions represents one owner that owns 100% of the improvement district. Newmarket Square Addition is a new commercial development located north of 21st, west of Maize Road. The petitioned decel and left turn lane projects will be combined with a City-at-large project to improve Maize Road north of 21st. The Petitions total $570,000. The funding source is special assessments. Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-98-088 Resolution of findings of advisability and Resolution authorizing construction of decel lane and left turn lane at 21st Street from the southeast corner of Lot 1, Block 1, to the southwest corner of Lot 1, Block 1, to serve Newmarket Square (Project Number 472-82927) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-089 Resolution of findings of advisability and Resolution authorizing construction of decel lane and left turn lane at Maize Road from the northeast corner of Lot 1, Block 1, to the southeast corner of Lot 6, Block 1, to serve Newmarket Square (Project Number 472-82929) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. BOARDS MINUTES MINUTES OF ADVISORY BOARDS. Board of Code Standards & Appeals, 3-2-98 CPO Northeast Council 1, 3-9-98 CPO Northeast Council 1, 3-9-98 CPO Southeast Council 3, 3-12-98 CPO Southwest Council 4, 3-12-98 CPO Northwest Council 5, 3-11-98 CPO North Central Council 6, 3-11-98 Civil Rights & Services (CRS) Board, 2-23-98 Historical Preservation Board, 2-9-98 Police & Fire Retirement System, 2-25-98 Public Art Advisory Board & City Manager's Aesthetic Review Team, 2-12-98 Wichita Employees' Retirement System, 2-25-98 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 7 to 0. STREET CLOSURES CONSIDERATION OF STREET CLOSURES/USES. (Item No. 22) Chris Cherches City Manager reviewed the Item. Agenda Report No. 98-229. Key Construction has contracted to accomplish the renovation of the Keen Kutter building. The contractor has met with the Old Town Merchants Association and City staff and proposes the following street closures: Rock Island - from First Street to approximately 260' north - Estimated reopen to through traffic June 30, 1998. Mosley - from First Street to approximately 210' north - TOTAL CLOSURE between approximately 7:00 a.m. to 5:00 p.m. during weekdays and OPEN to through traffic at night and during the weekend. Estimated reopen to through traffic May 30, 1998. First Street - from Rock Island to Mosley - PARTIAL CLOSURE of north side parking and north through lane. Estimated reopen to traffic June 30, 1998. Key Construction is responsible for construction signs and barricades and notification of affected Old Town Merchants. There is no cost to the City. Motion -- carried Knight moved that the street closures be approved. Motion carried 7 to 0. CLAIMS ALLOWED REPORT ON CLAIMS ALLOWED - FEBRUARY 1998. Name of Claimant Amount Progressive Casualty; Wayne & Keri Bentley $799.65 DeMetra Beasley $350.00 Cody Smith $100.00* Ronald West $200.00 Dee Boyer $1,000.00 Ted Knoblauch $370.65 Carl S. Atkinson $3,560.61 Merry C. Matthews $286.55 Jack E. Henry $100.00 Judy Tribue & Julie Lorey $269.25* *Settled for less than the amount claimed. Motion -- carried Knight moved that the Report be received and filed. Motion carried 7 to 0. ADDENDUM ITEM 23a FINANCIAL REPORT MONTHLY FINANCIAL REPORT FOR MONTH ENDING FEBRUARY, 1998. Motion Knight moved that this Item be deferred to the next Council meeting. Motion -- carried carried 7 to 0. SPECIAL ASSESSMENTS AGREEMENT TO RESPREAD SPECIAL ASSESSMENTS IN FOX POINTE THIRD ADDITION (WEST OF REPSREAD AGREEMENT WEBB, SOUTH OF 29TH STREET NORTH). (District II) Agenda Report No. 98-230. The developer, Leewood Homes, Inc., platted Fox Pointe 3rd Addition and has submitted an Agreement to respread special assessments within the addition. The land was originally included in numerous improvement districts for a number of public improvement projects. The purpose of the Agreement is to respread special assessments on an equal share basis for each lot. Without the Agreement, the assessments will be spread on a square foot basis. The Agreement will save the City time in recalculating special assessments for each newly platted lot and will equalize the assessments for each lot, making it easier for the developer to market the lots. There is no cost to the City. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. SAFE WATER PARTNERSHIP PARTICIPATION IN PARTNERSHIP FOR SAFE WATER. (All Districts) Agenda Report No. 98-231. In 1995, the U.S. Environmental Protection Agency (E.P.A.) began a program called the Partnership for Safe Water. The primary purpose of the Partnership is to encourage water supplies to survey their facilities, treatment processes, operating and maintenance procedures, and management oversight to help identify areas that will enhance the water system's ability to prevent the entry of microbial contaminates, including Cryptosporidium P. and Giardia L. In 1996, the City expressed an interest in participating in the Partnership (Phase I) and received material about the program and information on what participation would require. Perhaps the most important responsibility of the Water and Sewer Department is to provide safe drinking water. To meet that responsibility, it is imperative that the Department not only maintain its existing water treatment facilities, but also be aware of any new or potential water contaminates that could affect the water supply. Historically, the most acute danger for drinking water has been microbial contamination. Staff believes that participation in the Partnership for Safe Water would be very beneficial to the City. Participation in the Partnership would provide the City with additional perspectives needed to assure that the City is optimizing its water treatment facilities. As part of its participation, the City would collect data on the water treatment process for the past year of operation and submit the data for review by the Partnership. Then a self-assessment would be performed using guidelines established by the Partnership. As a final phase of participation, the City could request a peer review of its operations and management. There are no direct charges to participate in the program. Motion -- Knight moved that participation in the Partnership for Safe Water be authorized and the Director of Water and Sewer be authorized to sign the Agreement. Motion -- carried carried 7 to 0. WET WEATHER HOLDING WET WEATHER HOLDING FACILITY (PHASE I) SUPPLEMENTAL AGREEMENT. (Districts I, II, and III) Agenda Report No. 98-232. On January 28, 1997, the City Council authorized the design and construction of a Wet Weather Holding Facility on War Industries Sewer to take excessive sewage flow resulting from rain, retain it until after the rain event had ended, and introduce it into the sewage system during nonpeak hours. The purpose of the facility was to reduce the number of sewer backups in the area. Professional Engineering Consultants (PEC) was selected to design the facility. In the course of their facility design study, PEC found that additional analysis of the system is required to fully evaluate and size the facility. In the system analysis, PEC determined that the facility would have limited benefit, and found that if additional sanitary sewers were constructed, the problem of sewer backups would be resolved with future growth in the northeast area of the City being assured. The supplementary contract is for the design of these recommended improvements. The amount of the supplemental design contract is $387,232. The budget for CIP #S-322 is $4.9 million with an available appropriation of $4.79 million. This project (CIP #S-322) is a subproject of Interceptor Relief Sewers (CIP #S-315) and will be paid from Sewer Utility cash reserves and/or a future bond issue. Motion -- Knight moved that the Supp. Contract be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. SEWER REPAIR EMERGENCY SEWER REPAIR AT FABRIQUE AND EASTWOOD. (District II) Agenda Report No. 98-233. On or about August 26, 1997, a break on a 12-inch sanitary sewer was discovered, crossing the drainage ditch along Fabrique, south of Eastwood. The damage occurred due to the heavy rains and ditch erosion. The sewer maintenance division brought in pumps to bypass the damaged section and clean up discharge. Due to the location of the break, increased workload of sewer maintenance staff because of heavy rain, and the type of equipment needed for the repair, it was determined that a contractor should make the repair. Informal bids were requested from several contractors and W.B. Carter was selected. The repair was completed on August 28, 1997, when the line was encased with concrete. The emergency situation required immediate attention to minimize discharge of sewage into the drainage ditch. The location of the break required the use of equipment not available to sewer maintenance. The sanitary sewer was flowing heavily and discharging into the drainage ditch, causing significant environmental damage. The hiring of a contractor was the best course of action to minimize odor and damage to the area. The Capital Improvement Program (CIP #S-4 for Reconstruction and/or Rehabilitation of Sanitary Sewers) is budgeted for $2,800,000 in 1998. The cost of this repair was $14,250 and paid from CIP #S-4 funds. Motion -- carried Knight moved that the Emergency Sewer Repair be approved. Motion carried 7 to 0. BIOSOLIDS MANAGEMENT CHANGE ORDER FOR BIOSOLIDS MANAGEMENT FACILITIES. (All Districts) Agenda Report No. 98-234. The Biosolids Treatment & Management Plan improvements are being administered under three (3) separate contracts. Contract #1, Emergency Sludge Storage Basins (completed); Contract #2, Plant #1 & Plant #2 Improvements (BRB Contractors for $17,999,000); and Contract #3, Biosolids Storage Facility (completed). Contract #2 is the improvements to Plant #1 and Plant #2, which is now substantially complete. Change Order #11 is a combination of eleven (11) items. The associated costs are as follows: Digester Gallery 1&2 Receptacles $1942.00 Delete Aeration Basin D.O. Analyzers ($10,321.00) Air Reliefs for Pumps $894.00 Add In-Line Grinder/Modify Piping $25,264.00 Disconnect Switch for Future Hoist $814.00 Remove Existing Curb in Boiler Room $1,639.00 Electrical for Odor Control Modification $1,068.00 Repair Walls at Pump Stations #1 & #2 $1,483.00 Cost Deduction for Submittal Review ($6,000.00) Addition of Two Roof Drains $2,344.77 Added Alarm Silence Buttons at Plant #1 $835.15 TOTAL $19,962.92 The total of Change Order #11 represents 0.1109% of the original total project cost and in all cases, represents a deduction or added value to the City. Project-to-date change orders have represented only 3.67% of the original $17.999 million. On February 7, 1995, the City Council approved the Capital Improvement Program, Biosolids Treatment and Management Plan (CIP #S-500). There are sufficient funds for the year 1998. USEPA regulations, 40 CFR Part 503 requires municipalities to implement an approved method of biosolids treatment, reuse/disposal and to comply with the National Pollutant Discharge Elimination System (NPDES) permit. Failure to comply would result in civil and/or criminal penalties. Change Orders in excess of $10,000 require approval by the City Council. Motion -- Knight moved that the Change Order be approved and the Mayor be authorized to -- carried sign. Motion carried 7 to 0. MICROGRAPHIC SERVICES CONTRACT FOR MICROGRAPHIC SERVICES. Agenda Report No. 98-235. The Finance Department eliminated two staff positions in 1995 through outsourcing micrographic services. The quality of service has been acceptable and cost effective. RFPs were solicited in February, 1998, and two proposals were received. Ikon Office Solutions submitted the lowest and best proposal. Ikon Office Solutions has the equipment, knowledge, and experience to offer alternative services to microfilming and information storage. Motion -- Knight moved that IKON Office Solutions be selected to provide micrographic services; and the Purchasing Manager be authorized to sign a two-year contract with an option to renew under the same terms and conditions for two additional -- carried one-year periods. Motion carried 7 to 0. PROPERTY ACQUISITION ACQUISITION OF A PORTION OF PROPERTY LOCATED AT 668 NORTH RICHMOND (TRACT #15) FOR THE CENTRAL AVENUE IMPROVEMENT PROJECT FROM WEST STREET TO MCLEAN BOULEVARD. (District VI) Agenda Report No. 98-236. The Central Avenue Improvement Project from west Street to McLean Boulevard, approved by Council on September 17, 1996, requires the acquisition of fifteen partial tracts along Central Avenue. One of these tracts includes Tract #15 which is owned by Daniel C. Cromwell. The tract contains approximately 50 square feet and will not affect any improvement on the remaining property. Due to the small size of the taking, the value of the tract is minimal. Market studies of the area indicate a value of $4.00 per square foot or $200. The property owner has agreed to sell the property to the City for this amount. The 1996 Capital Improvement Program includes $50,000 to acquire the necessary right of way for the project along Central. The funding source is General Obligation Bonds. The budget of $250 includes $200 for the acquisition and $50 for closing costs. The prior approved budget was $34,010. The $200 would increase the total expenditures to date to $34,510. This is the seventh property acquisition for the project, leaving eight properties to be acquired through negotiations or eminent domain. Motion -- Knight moved that the budget and the Contract be approved; and the Mayor be -- carried authorized to sign the necessary documents. PEDESTRIAN BRIDGE REQUEST FOR ADDITIONAL FUNDS - PLANEVIEW PEDESTRIAN BRIDGE PROJECT. Agenda Report No. 98-237. On March 4, 1997, the City Council approved the use of Community Development Block Grant (CDBG) funds to replace a pedestrian foot bridge that crossed Gypsum creek in Planeview. The existing pedestrian bridge was determined to be unsafe and was closed. Initial CDBG funding of $75,000 was allocated for this project to the Department of Public Works. It was discovered during a heavy rain in June, 1997 that the original location planned for the bridge was unsafe and City engineering staff have recommended moving the pedestrian bridge 300 feet west to an area of Gypsum creek that has been reconstructed and realigned. The change in location will require a longer structure to satisfy the 100 year flood elevation requirement imposed by the Kansas Department of Agriculture, Division of Water Resources Permit. The added length will cost an additional $20,000. The Department of Public Works is requesting an additional $20,000, which increases the total CDBG funding for this project to $95,000. Currently there is only one bridge that crosses Gypsum creek between Hillside and George Washington Boulevard. The new pedestrian bridge will provide an additional link for northwest Planeview residents and all children northwest of the Gypsum creek to Jardine-Edison Academy and the Planeview Community Center. The additional $20,000 is available from 1996/97 Planeview Improvement unexpended funds. The $20,000 allocation is not a substantial amendment to the Consolidated Plan. Motion -- Knight moved that the allocation of $20,000 in prior year unexpended CDBG funds -- carried be approved and the City Manager be authorized to sign. Motion carried 7 to 0. CLAIM SETTLEMENT SETTLEMENT OF AMERICAN FAMILY CLAIM. Agenda Report No. 98-238. On September 1, 1997, claimant's new minivan was struck by a City vehicle, causing extensive property damage. After investigating the claim, evaluating the extent of the claimed damages, and considering the risks of trial, the City determined that a resolution of this matter was appropriate. After some discussion, the City has been offered an opportunity to resolve the claim with a lump sum payment of $14,102.30 as full settlement of all claims arising out of this collision. 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 Vehicle Liability Fund. The Law Department recommended acceptance of the offer of settlement. Motion -- Knight moved that payment of $14,102.30, as a full settlement of all possible -- carried claims arising out of the accident, be authorized. Motion carried 7 to 0. ORDINANCES SECOND READING ORDINANCES. (First read March 17, 1998) a. Title 24 Amendments (Commercial Balloon Sign Regulations). ORDINANCE NO. 43-717 An Ordinance amending Sections 24.04.050, 24.04.060, 24.04.070, 24.04.150, 24.04.185, 24.04.195, 24.04.196, 24.04.197 and 24.04.198, and repealing the originals of said sections, and creating section 24.04.235 of the code of the City of Wichita, Kansas, pertaining to certain sign code regulations governing commercial balloon signs, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. b. IRB - Friends University. (District VI) Not Issued. See Minutes of April 7, 1998, Ordinance No. 43- 722. c. IRB - Rand Graphics. (Districts IV and V) ORDINANCE NO. 43-716 An Ordinance authorizing the City of Wichita, Kansas, to issue its industrial revenue bonds, Series IV-A, 1998 (Rand Graphics, Inc.) in the aggregate principal amount of $3,201,000 and its subordinated taxable industrial revenue bonds, Series IV-B, 1998 (Rand Graphics, Inc.) in the aggregate principal amount of $284,000 for the purpose of acquiring, constructing and equipping certain improvements to an existing manufacturing facility; prescribing the form and authorizing execution of a first supplemental trust indenture between the City and Emprise Bank, in the City of Wichita, Kansas, as trustee; prescribing the form and authorizing execution of a first supplemental lease of the project between said City and Rand Graphics, Inc.; prescribing the form of a guaranty agreement between Rand Graphics, Inc., as guarantor, and Emprise Bank, Wichita, as Trustee; prescribing the form and authorizing the execution of an assignment of site lease; prescribing and authorizing the form of an easement agreement between the City and Rand Graphics, Inc.,; prescribing the form and authorizing the execution of a bond purchase agreement among the City and Rand Graphics, Inc., and Emprise Investment Corporation, Wichita, Kansas, as purchaser of the Series IV-A, 1998 Bonds; prescribing the form and authorizing the execution of a bond purchase agreement between the City and Rand Graphics, Inc., as purchaser of the Series IV-B, 1998 Bonds; and authorizing the amendment of interest rates applicable to the City's industrial revenue bonds, Series XV, 1995 (Rand Graphics, Inc.) and the City's Industrial Revenue Bonds, Series I, 1996 (Rand Graphics, Inc.), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. d. IRB - Vermillion, Inc. (District IV) ORDINANCE NO. 43-715 An Ordinance authorizing the City of Wichita, Kansas, (the issuer), to issue its industrial revenue bonds, Series III, 1998 (Vermillion Incorporated) in the aggregate principal amount of $2,000,000 for the purpose of providing funds to acquire a site and construct improvements thereon and to acquire, purchase, and install certain machinery and equipment to be located in the City of Wichita, Kansas; prescribing the form and authorizing the execution of a trust indenture by and between the issuer and the Southwest National Bank of Wichita, Wichita, Kansas, as trustee with respect to the bonds; prescribing the form and authorizing the execution of a lease by and between Vermillion Incorporated, and the issuer; prescribing the form of a guaranty agreement by and between Vermillion Incorporated, as guarantor and the Southwest National Bank of Wichita, Wichita, Kansas, as trustee; and prescribing the form and authorizing the execution of a bond purchase agreement by and between the issuer, Vermillion Incorporated, and Cooper Malone McClain, Inc., as purchaser of the bonds, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. e. Airport Hazard Zoning Code. ORDINANCE NO. 43-719 A City Ordinance and County Resolution providing for a joint airport hazard zoning code and amending Chapter 28.08. of the Code of the City of Wichita, Kansas, and repealing Chapter 28.08 and also repealing Ordinance Numbers 28-338 and 42-967 of the City of Wichita, Kansas, and repealing Chapter 277-1995 of the Code of Sedgwick County, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. f. Z-3225 - East Side of Hoover, North of Pawnee. (District V) ORDINANCE NO. 43-720 An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. Z-3225 ADDENDUM ITEM g. Joint Charter Ordinance/Charter Resolution - Health Board Membership CHARTER ORDINANCE NO. 172 A Joint Charter Ordinance of the City of Wichita, Kansas, and Charter Resolution of the County of Sedgwick, Kansas, exempting them from the provisions of K.S.A.; 65-205 relating to appointment of members by cities and counties to joint boards of Health and providing substitute and additional provisions on the same subject, and repealing Charter Ordinance No. 136 of the City of Wichita, Kansas, and Charter Resolution No. 41 of the County of Sedgwick, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. PLANNING AGENDA Marvin Krout Director of Planning stated that Items 34 through 37 and 39 could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Knight moved that Planning Agenda Items 34 through 37 and 39 be approved as -- carried consensus Items. Motion carried 7 to 0. S/D 97-98 S/D 97-98 PLAT OF JACOBS 2ND ADDITION LOCATED NORTH OF CENTRAL AND WEST OF WEST STREET. (District V) Agenda Report No. 98-239. MAPC Recommendation: Approve the plat. Staff Recommendation: Approve the plat. This is a one-lot replat located in a developed area of the City; sanitary sewer and water facilities are currently available. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (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 98-10 S/D 98-10 - PLAT OF NILES-MOORE ADDITION LOCATED WEST SIDE OF TYLER ROAD, SOUTH OF 29TH STREET NORTH. (District V) Agenda Report No. 98-240. MAPC Recommendation: Approve the plat. Staff Recommendation: Approve the plat. This site contains an existing dwelling which will be converted to an office. The site was annexed in November 1997 and is served by City water and sanitary sewer. A zone change (SCZ-0747) from SF-20, Single- Family to NO, Neighborhood Office has been approved for this site subject to replatting. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. Motion -- Knight moved that the plat be approved as recommended and the Mayor be authorized to sign; and the associated zone change SCZ-0747 Ordinance be placed on first reading with publication of the Ordinance being withheld until such time -- carried as the plat has been recorded with the Register of Deeds. Motion carried 7 to 0. 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. SCZ-0747 D-1725 D-1725 - DEDICATION OF A UTILITY EASEMENT LOCATED SOUTH OF HARRY STREET ON WEST SIDE OF LEONINE AVENUE. (District IV) Agenda Report No. 98-241. MAPC Recommendation: Accept the dedication. As a requirement of an approved Lot Split (L/S-0959), City Engineering required this additional 2 foot easement, to bring the total easement along these two parcels to the 10 foot standard. The dedication has been reviewed and approved by the Planning Commission. Motion -- Knight moved that the document be received and filed and the City Clerk be -- carried instructed to record with the Register of Deeds. Motion carried 7 to 0. D-1726 D-1726 - DEDICATION OF STREET RIGHT-OF-WAY LOCATED SOUTH OF HARRY STREET ON WEST SIDE OF LEONINE AVENUE. (District IV) Agenda Report No. 98-242. MAPC Recommendation: Accept the dedication. As a requirement of an approved Lot Split (L/S-0959), 20- foot of additional right-of-way along Leonine Avenue was dedicated to meet the 35-foot standard for half of an industrial street right-of-way. The dedication has been reviewed and approved by the Planning Commission. Motion -- Knight moved that the document be received and filed and the City Clerk be -- carried instructed to record with the Register of Deeds. Motion carried 7 to 0. DR 98-2 DR 98-2 - AMENDMENTS TO THE UNIFIED ZONING CODE. Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 98-243. Staff Recommendation: Approve the amendments to the Unified Zoning Code as recommended by the Metropolitan Area Planning Commission. MAPC Recommendation: Approve the amendments to the Unified Zoning Code (13 to 0 in favor). The proposed amendments to the Unified Zoning Code include a wide variety of "clean-up" items. These items originated from discussions with City and County Code Enforcement staff regarding issues that have been raised with the public in the administration and application of the Unified Zoning Code. The Metropolitan Area Planning Commission (MAPC) held a public hearing on February 26, 1998, and voted unanimously to recommend approval of all the amendments prepared by staff except for those regarding the requirements for signs, both on-site and off-site, in the unincorporated areas. The MAPC heard from two representatives of Donrey Outdoor Advertising who expressed concern about the proposed treatment for off-site signs. Their recommendation was to remove these issues from the package for further study. The amendments deal with clarifications to definitions, minor changes to use regulations, elaboration of construction permitted in setback areas, clarification on appeal and notification matters, and a new item for administrative adjustment. No significant impacts are anticipated. Motion -- Knight moved that the amendments be approved and the Ordinance be placed on first -- carried reading. Motion carried 7 to 0. ORDINANCE An Ordinance providing amendments to Section II.B.1.j; Section II.B.5.; Section II.B.6.d; Section II.B.6.1; Section II.b.10.d; Section II.B.11.b; Section II.B.11.k; Section II.B.13.a; Section II.B.14.e; Section II.B.2.c.(1); Section III.B.2.c.(3); Section III.B.3.c.(1); Section III.B.3.c.(3); Section III.B.4.c.(3); Section III.B.5.c.(1); Section III.B.5.c.(3); Section III.B.6.c.(3); Section III.B.7.c.(3); Section III.B.8.c.(3); Section III.B.9.c.(3); Section III.B.10.c.(3); III.B.10.d.(4)(a); Section III.B.11.c.(3); Section III.B.12.c.(1); Section III.B.12.c.(3); Section III.B.13.b.(1); Section III.B.13.c.(1); Section III.B.13.c.(3); Section III.B.14.c.(1); Section III.B.14.c.(3); Section III.B.15.c.(1); Section III.B.15.c.(3); Section III.B.16.c.(3); Section III.B.19.c.(3); Section III.B.20.c.(3); Section III.D.6.cc.; Section III.E.2.e.(1); Section IV.E.3.e.; Section V.A.5; Section V.B.4.b.; Section V.C.4.; Section V.I.2.; and portions of the use regulations schedule in Section III.D. of the Wichita-Sedgwick County Unified Zoning Code, (June 19, 1997, edition), as adopted by reference in City of Wichita Code Section 28.04.010, dealing with numerous "clean-up" amendments thereto, introduced and under the rules laid over. UNIFIED WORK PROGRAM UNIFIED WORK PROGRAM FOR FISCAL YEAR 1999. Agenda Report No. 98-244. MAPC Recommendation: The Metropolitan Area Planning Commission approved the FY-1999 Unified Work Program (UWP) and enabling resolution on March 12, 1998. Staff Recommendation: Approve the FY-1999 (July 1, 1998 to June 30, 1999) UWP and adopt the resolution authorizing the Director of the Metropolitan Area Planning Department (MAPD) to submit applications, negotiate agreements, and execute contracts in support of the UWP. This approval also includes provisions of matching funds in support of the UWP not to exceed $98,726. The United States Department of Transportation (DOT) stipulates that a UWP must accompany the Planning Department's annual application for federal moneys. After the UWP is approved by various officials and agencies, it will be used as the authorization document for making applications for funds to support our local transportation planning programs. The availability of local funds for other planning projects will be determined later this summer in the City and County budget processes. Application for the federal funds must be submitted by April 1, 1998. Federal funds being requested will provide funding for 6.25 staff positions plus miscellaneous expenses, which will allow the MAPD to continue to evaluate the feasibility of short and long-range transportation options and to develop strategies for implementing elements of the Transportation Plan. This will allow the City of Wichita to continue to receive federal and state construction and operating funds for implementing projects and operating Wichita Transit. The Coordinating Committee for Transportation Planning reviewed and approved the FY-1999 UWP on February 23, 1998. The Planning Commission approved the UWP on March 12 and the Sedgwick County Commission is scheduled to review the document on March 25, 1998. The activities described in the UWP are funded from several sources including the Federal Highway Administration (FHWA) through the Kansas Department of Transportation (KDOT) and the Federal Transit Administration (FTA). The Planning Department will make available nonfederal matching funds in support of the UWP. The amount of local match (provided as in-kind staff services) required to receive the federal assistance is shown below: Federal Local Funding Total Agency Funds Match Ratio Funds KDOT/FHWA $347,196 $86,799 80/20 $433,995 FTA 47,708 11,927 80/20 59,634 TOTAL $394,904 $98,726 $493,630 Motion -- Knight moved that the FY-1999 UWP be approved and the resolution be adopted; and matching funds (in-kind staff salaries) in support of the UWP not to exceed -- carried $98,726 be approved. Motion carried 7 to 0. RESOLUTION NO. R-98- 090 A Joint Resolution of the Wichita-Sedgwick County Metropolitan Area Planning Commission, Wichita City Council, and Sedgwick County Board of Commissioners, authorizing the request of planning funds, the filing of applications and the execution of contracts and agreements for federal and state grants, and the undertakings of the necessary planning work, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. OFF AGENDA ITEM WATER IMPROVEMENT DISTRICT Mike Lindebak City Engineer explained that a petition for water service for a residential area in the north part of wichita, for properties all of less than one acre in size, had been submitted and was scheduled for public hearing but that, since submittal, some of the property owners had requested consideration of doing the assessments on a square footage basis. Motion -- Cole moved that the property owners in the improvement district be notified that -- carried the City will go to the square foot assessment method. Motion carried 7 to 0. ADJOURNMENT The City Council meeting adjourned at 1:25 p.m. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 165 MARCH 24, 1998 Page 1