MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, June 13, 1995 Tuesday, 9:08 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cather, Cole, Ferris, Gale, Kamen, Rogers; present. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Tom Schneider, Deputy City Clerk; present. The invocation was given by Pastor Con Edwards, Pilgrim Congregational United Church 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 June 6, 1995, were -- approved approved 7 to 0. AWARDS AND PRESENTATIONS PROCLAMATION Proclamation previously approved was presented. PUBLIC AGENDA K.D. DAVIS COMMENTS BY K.D. DAVIS. K.D. Davis expressed his feelings regarding the departure of Chief Stone and made recommendations to the Council concerning the Police Department and its course for the future. Mayor Knight Mayor Knight said the kinds of questions raised are ones which the Council reviews quite often and the responses to them are reflected in the way the Police Department is funded, the training expected of Police personnel, and the quality of people hired. UNFINISHED BUSINESS STORMWATER UTILITY STORMWATER UTILITY FEES. Continued from May 16, 1995. Council Member Kamen Council Member Kamen stated that there have been various business groups polling their members, particularly one that is polling 600 of its members, as to their opinions on Stormwater Utility fees. Kamen expressed his desire to defer the issue for two weeks to enable the Council to hear the views garnered from the polling that is being undertaken. Chris Cherches City Manager, responding to questions, said there are some projects pending on which construction should be started before the beginning of bad weather. Council Member Rogers Council Member Rogers stated that a more comprehensive effort should be made to make sure the general population is aware of the related impact of whatever the decision will be and that the average citizen should have input into what is being considered. Council Member Kamen Council Member Kamen said there are several ways the issue can be solved, possibly by reducing the number of projects or by the way the projects are paid for. Additionally, the percentage of impervious surfaces that are city streets has a major impact on how projects are paid for, if entities that have impervious surfaces are required to pay for them. "I think City streets are really the most important cause of our problems." Council Member Cole Council Member Cole inquired how public parking lots are assessed. Steve Lackey Director of Public Works, responding to Council Member Cole, said that public parking lots are assigned a fee as well, "all agencies pay a fee." There is not a number that gives a percentage of the impervious areas that the streets make up. Part of the methodology used in developing the rate was that the streets were considered part of the stormwater conveyance system; roadways, as well as right-of-ways are designed to carry a certain amount of water and therefore they are not included in the impervious calculation. Parking lots contribute to the conveyance system in that they contribute to the problem, but the conveyance system is the solution to the problem. Council Member Kamen Council Member Kamen stated that the airport pays $200,000 and the school system also pays a tremendous fee. Council Member Cole Council Member Cole said she believes that members of the Wichita Independent Business Association would choose letting the community bear some of the costs of individual businesses over an assessment of a user fee based upon the extent of the problem to which a business adds. The residential community should be offered a similar survey with questions developed to determine how they stand to lose or gain depending upon how the costs are allocated, if the ultimate decision is to allow the community at large to bear some of the costs. The item should be deferred four weeks to allow time for neighborhood meetings. Council Member Cather Council Member Cather expressed that the better way to get at everyone's opinion would be to put this issue on the ballot and let the public vote on it, especially if there is going to be a redistribution of the burden. Council Member Ferris Council Member Ferris requested that staff provide a listing of all the businesses that have over 500 ERU's and the actual dollar amount that U.S.D. 259 pays in stormwater fees. Council Member Kamen Council Member Kamen asked for information on street widths and associated water conveyance. Motion -- Kamen moved that this item be deferred for four weeks. Mayor Knight Mayor Knight said that there will always be tension and to now start pitting small business owners against neighborhood residents is ill-advised. A focus should be kept on whether or not the City Council's intended purposes are being achieved and part of that would clearly take in the question of equity and fairness. If for any reason it is not balanced and there is something that the Council can do about it, then it should. -- carried Motion carried 7 to 0. GYPSUM CREEK GYPSUM CREEK IMPROVEMENT, WEST OF HILLSIDE. (DISTRICT III) Continued from May 16, 1995. Chris Cherches City Manager reviewed the Item. This project, which has been pending and has been placed in the Capital Improvement Program, has been scheduled to take care of certain specific drainage needs in those areas. It had been continued and tied to the entire question of stormwater utility because it has some bearing on the ability to finance those projects. This project has a certain degree of urgency as it fits in the total drainage plan and it has been programmed in the overall stormwater utility. Steve Lackey Director of Public Works, responding to a question, stated that this Item is in a group of projects that is not included in the $17.5 million that Council Member Kamen requested financing be limited to. Another $2 million would be added to undertake the improvement. This project has been a long-standing issue and involves a lot of erosion that has occurred around the Joyland area that has been identified as a short-term priority need in the community. Council Member Kamen Council Member Kamen said he would like to have the Broadway project from Waterman to Kellogg reviewed. Council Member Ferris Council Member Ferris clarified that the City Council has to decide what rate it is going to set as the Stormwater Utility fee, "so that we know exactly what projects we can afford and then we can determine from that what projects we should go forward with." Motion -- Ferris moved that the City Council defer this Item until after the discussion on the Stormwater Utility is concluded. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. -- carried Motion carried 7 to 0. CIP DESIGN PROJECTS 1995 CAPITAL IMPROVEMENT PROGRAM (CIP) DESIGN PROJECTS. Continued from June 6, 1995. A. DRY CREEK BASIN STUDY. B. SOUTH MERIDIAN DRAINAGE STUDY. Chris Cherches City Manager reviewed the Items. These projects, which have been pending and have been placed in the Capital Improvement Program, have been scheduled to take care of certain specific drainage needs in those areas. They had been continued and tied to the entire question of stormwater utility because it has some bearing on the ability to finance these projects. These projects have a certain degree of urgency as they fit in the total drainage plan and they have been programmed in the overall stormwater utility. Steve Lackey Director of Public Works, said that both studies are included in the $17.5 million and that they are engineering studies. They address areas that flood currently and it is the beginning stages of developing some ideas on how to solve the flooding problems on South Meridian and in the Dry Creek area. Council Member Ferris Council Member Ferris clarified that the City Council has to decide what rate it is going to set as the Stormwater Utility fee, "so that we know exactly what projects we can afford and then we can determine from that what projects we should go forward with." Motion -- Ferris moved that the City Council defer this Item until after the discussion on the Stormwater Utility is concluded. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Hardy Daniel Hardy Daniel, who lives on Dry Creek, said that there are very big problems in his area and that he would like to reserve comment until this matter is brought before the City Council again. -- carried Motion carried 7 to 0. RECYCLING PROGRAM ENHANCED DROP-OFF SITE RECYCLING PROGRAM. Continued from May 16, 1995. Joe Pajor Natural Resources Director reviewed the Item. Agenda Report No. 95-398 (Supp. A) On January 10, 1995, the City Council considered a proposal made by Council Member Kamen that the City develop and operate an expanded drop-off site recycling program. The Council referred Mr. Kamen's suggestion to the Wichita-Sedgwick County Solid Waste Management Committee. The Committee considered the proposal on January 23, February 6, and March 6. Five different options were analyzed and a recommendation was made. On June 2, 1995, BFI formally announced that an agreement between BFI, Weyerhaeuser Recycling, and the Dillons Stores to expand the number of drop-off sites had been reached. Because of this development, the Wichita- Sedgwick County Solid Waste Management Committee reconsidered their recommendations on June 5, 1995. The report presents the revised recommendation of the Committee regarding such an expansion. City Staff recommends ending action to expand the drop-off recycling sites and promoting use of the expanded sites provided by the agreement. The expanded private sector drop-off recycling program will double the number of sites in the Wichita area when it becomes fully operational in early July. Three new sites will be added at the Wichita Dillons stores at 13th and Waco, Central and Maize, and Central and Rock Road. A fourth site will be added at the Dillons in Derby at Madison and Rock Road. The partners have agreed to also establish sites at four new Dillons stores as they are constructed. These stores and there planned openings are: Harry and Webb Road, fall 1995; 47th and Broadway, early 1996; 21st and Maize, mid 1996; and Lincoln and Hydraulic (rebuild) late 1996. The expansions that have been announced and are anticipated by the end of 1996 will be at no cost to the City. The potential cost of the City undertaking the expansion originally offered by Council Member Kamen was about $138,000 per year. In their endorsement of this agreement, the Committee recommends that if, in the future, the market value of these recyclable materials should drop and public subsidy should be needed, no use of public funds should be made until a competitive bidding process had been used to see which private companies would be receiving the public funds. The Wichita-Sedgwick County Solid Waste Management Committee from their meeting of June 5, 1995, recommended the City not take any action to expand the drop-off sites because of the agreement that will provide expansion at no cost to the City. The Committee also supported expanding recycling opportunities to make recycling more effective. Council Member Kamen Council Member Kamen stated that competition is fostered by the ability of private enterprise to set up more sites. No tax money will be used. Council Member Cather Council Member Cather said that the program frees up the City to use its funds to do additional things. Mayor Knight Mayor Knight expressed his belief that the program is a significant step and all that can be done should be done to encourage the kind of private response shown by all the companies involved. Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Kamen moved that the City Council congratulate the various companies involved, that Mayor Knight take a letter of appreciation to Dillons CEO, and that discussion of government sponsored drop-off recycling sites be discontinued. -- carried Motion carried 7 to 0. OFF AGENDA ITEM COMPOSTING. Motion -- Knight moved that an Item concerning Composting be taken up off the Agenda. -- carried Motion carried 7 to 0. Council Member Kamen Council Member Kamen recommended a budget of $2,000 be approved to bring people with composting expertise into Wichita to appear before the City Council. If composting is handled in the appropriate way, similar to the recycling sites, it would be a good program. Council Member Cather Council Member Cather, having served on the Composting Task Force, stated that the composting plan will save a great deal of money as well as save space in the Landfill. Space saved in the Landfill is a savings to the City insofar as not having to site a new landfill. Council Member Kamen Council Member Kamen, responding to a question, said most of the ideas came from the recycling convention in Chicago and from his past experience. The item would be referred to the appropriate committee of the Council and in turn, recommendations would come back from that committee. Mayor Knight Mayor Knight said organic waste takes up a growing volume in the Landfill and composting is necessary, a conclusion also reached by previous committees. Joe Pajor Natural Resources Director, responding to questions, stated that there are 1500 tons of grass clippings, leaves, and small wood waste going into the Landfill per day, seven days per week, accounting for approximately 550,000 tons per year. About 19 percent of that total is yard waste, with another six or seven percent being wood waste that is categorized separately from yard waste. Approximately six percent of the total waste is handled by the recycling sites. The information from the private sector on composting would give another dimension in terms of a way to approach how yard waste management would be done. "The prospects are good for somehow having the private sector, on a fee basis, offer this service." The more known about successful programs would be beneficial. Motion -- Kamen moved that this Item be placed on the June 20, 1995, City Council Agenda. -- carried Motion carried 7 to 0. NEW BUSINESS PAVING PETITIONS PETITION TO PAVE EISENHOWER, ELM TO MURDOCK. (DISTRICT V) Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 95-479 Signatures on the petition represent 53% (8 of 15 resident owners) of the improvement district area. On May 24, 1995, CPO Council 5 voted 8-0 to recommend approval of the petition. The neighborhood around Eisenhower was developed in the 1950s with single family homes. Eisenhower is a sand street that is difficult to maintain and drains poorly. The estimated project cost is $90,000 with $78,500 assessed to the improvement district and $11,500 paid by the City. The estimated rate of assessment to individual properties is $00.38 per square foot of ownership. The City share is for the cost of intersection construction. State Statutes provide that the petition is valid if signed by a majority of resident property owners or by owners of a majority of the property in the improvement district. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that the petition be approved and the Resolution be adopted. Motion -- carried carried 7 to 0. RESOLUTION NO. R-95-265 Resolution of findings of advisability and Resolution authorizing improving of Eisenhower Avenue from the south line of Elm to the south line of Murdock, Project No. 472- 82595 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Ferris moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. PETITION TO PAVE BAEHR, THIRD STREET TO ST. LOUIS. (DISTRICT IV) Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 95-480 The signatures on the petition represent 62% (9 of 11 ownerships) of the improvement district area. A petition was subsequently filed by four of the property owners requesting that their signatures be removed from the paving petition. On May 25, 1995, CPO Council 4 voted 4-0 to recommend disapproval of the project. The neighborhood around Baehr consists of modest, single family homes and a trash hauling service. 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 $102,000, with $88,500 assessed to the improvement district and $13,500 paid by the City. The estimated rate of assessment is $00.47 per square foot of ownership. The City's share is for the cost of intersection construction. The request to have signatures withdrawn from the petition was received after the deadline established by State Statutes (seven days after the petition is filed). In addition, the Law Department has advised that a person who signs a public improvement petition is not eligible to participate in a legal protest petition. They are free to appear before the Council and participate in the public hearing. Mike Lindebak City Engineer, responding to questions, stated that when the petition is being carried, it shows the cost of the project and the properties that are in it. The person circulating the petition is provided the cost per square foot. Council Member Ferris Council Member Ferris suggested that the dollar amount assessment per parcel of property within a given project be provided to the affected landowners at the time the petition is circulated. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Bessie Carney Bessie Carney stated that she did not sign the petition, but the person circulating the petition said the paving would only cost $100 per year. Even that amount would be too much to afford on a fixed income. Gilbert Ballinger Gilbert Ballinger, 405 Baehr, voiced opposition to the paving project. The lady carrying the petition said the payment would be $100 per year for 15 years. If any of the senior citizens are eligible for a deferral, their descendants would be liable for the assessment. Paving Baehr will not cut down on the dust problem because adjacent streets are unpaved. (Mayor Knight momentarily absent) Motion -- Gale moved that this Item be disapproved. -- carried Motion carried 7 to 0. PFS IRB PUBLIC HEARING AND ISSUANCE OF INDUSTRIAL REVENUE BONDS - PFS, A DIVISION OF PEPSICO., INC. (DISTRICT IV) Chris Cherches City Manager reviewed the Item. Agenda Report No. 95-481 On July 26, 1994, the City Council approved the issuance of a Letter of Intent for Industrial Revenue Bonds in an amount not to exceed $4,000,000 to PFS, A Division of PepsiCo., Inc. Bond sale proceeds will be used to finance the acquisition of a site, the construction of a 100,000 s.f. building and the purchase of machinery and equipment. PFS procures and distributes food supplies and equipment to PepsiCo's four restaurant chains. PFS was formed in 1986 by the merger of Bell Food Services and Franchise Services, Inc. PFS is based in Dallas, Texas and currently operates 23 food and supply distribution centers nationwide and employs 2600 people systemwide. PFS will locate its new distribution center at Water and 48th Street South which is adjacent to PepsiCo's Wichita soft drink bottling facility. The construction in the Old Town area has made it extremely difficult for PFS to get their semi-trailer trucks in and out of its current facility and as a result has forced PFS to seek another site for its operations. PFS was also considering Oklahoma and Texas as alternate sites and Texas had offered a 100% ten-year abatement. PFS expects to create employment for 5 people in addition to retaining the current 50 employees it has in the area. New employment could increase to eleven by the fifth year of the project with potential for additional employment as operations expand. The bonds will be issued in two series: Series I bond proceeds will finance the acquisition of land and the construction of a building and Series II bond proceeds will finance the purchase of machinery and equipment. PFS agrees to pay all costs of issuing the bonds and agrees to the City's administrative fee of $2,500 for the term of the bonds. PFS was granted a 100% tax abatement of ad valorem property taxes on the project for a 5 + 5-year period. Estimated first year taxes that would be exempted on the proposed building and equipment, at the current mill levy of 113.42 mills, would be $111,393, of which $30,733 is the City portion, $51,575 is USD 259's portion and $29,085 is the County/State's portion. PFS currently pays approximately $50,615 in real and personal property taxes on property it owns in the City. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the Public Hearing be closed; Documents for both series of bonds including: Bond Ordinances, Trust Indentures, and Leases be approved and the Mayor be authorized to sign; and the Bond Ordinances be placed on first -- carried reading. Motion carried 7 to 0. ORDINANCE An Ordinance authorizing the City of Wichita, Kansas, to issue its taxable industrial revenue bonds in the aggregate principal amount of $3,560,000 for the purpose of providing funds to purchase, acquire and construct a new spice manufacturing and distribution facility located in the City of Wichita, Kansas; prescribing the form and authorizing execution of a trust indenture by and between the City and Bank IV Kansas, National Association, Wichita, Kansas, as trustee with respect to the bonds; prescribing the form and authorizing the execution of a site lease by and between Trinet Essential Facilities , Inc., and the City; prescribing the form and authorizing the execution of a prime lease by and between Trinet Essential Facilities , Inc., and the City; approving the form of a sublease by and between Trinet Essential Facilities , Inc. and Pepsico, Inc.; authorizing the execution of a bond purchase agreement by and between the City and Trinet Essential Facilities, , Inc., as purchaser of the bonds. ORDINANCE An Ordinance authorizing the City of Wichita, Kansas, to issue its taxable industrial revenue bonds in the aggregate principal amount of $440,000 for the purpose of providing funds to purchase and install certain machinery and equipment in a spice manufacturing and distribution facility located in the City of Wichita, Kansas; prescribing the form and authorizing execution of a trust indenture by and between the City and Bank IV Kansas, National Association, Wichita, Kansas, as trustee with respect to the bonds; prescribing the form and authorizing the execution of a lease agreement by and between Pepsico, Inc., and the City; prescribing the form and authorizing the execution of an easement and agreement by and between Pepsico, Inc., and the City; authorizing the execution of a bond purchase agreement by and between the City and Pepsico, Inc., as purchaser of the bonds, introduced and under the rules laid over. PARK WEST PLAZA IRB PUBLIC HEARING AND ISSUANCE OF INDUSTRIAL REVENUE BONDS - PARK WEST PLAZA, L.L.C. (DISTRICT V) Motion -- carried Ferris moved that this Item be stricken. Motion carried 7 to 0. PARKING CONTROL SYSTEM PARKING CONTROL SYSTEM FOR CITY HALL PARKING GARAGE AND SURFACE LOTS. Steve Lackey Director of Public Works reviewed the Item. Agenda Report No. 95-483 Two parking control options are being considered for the new City Hall parking garage and surface lots. Option #1 is the purchase of new electronic parking meters for the new garage and all surface lots replacing the old mechanical meters. Option #2 is a managed parking system which includes attendants, card readers, gates, ticket dispensers, attendant booths with ADA restrooms, and a fee computer. Currently, congestion problems exist by cars waiting for parking spaces or waiting for traffic to clear for exiting. Whether Option #1 or #2 is chosen, there will be five egress/ingress points of which one is directly to the garage. Option #1. Several municipalities have replaced their mechanical meters with electronic units. Requests for Proposals (RFP) were sent to parking meter suppliers. This option allows a choice of five egress/ingress points whether transient or leased parking, and the traffic flow and queuing problems that currently exist will be improved. Option #2 requires a contract with Ampco System Parking. The project architect has provided a cost estimate for installing the above mentioned equipment at $202,230. In addition, a monthly operating cost of approximately $7,000- $8,000 would be paid to the garage manager. This option allows a choice of five egress/ingress points if you have leased parking (card reader) but only two egress/ingress points are available for transient parking. The traffic flow and queuing problems that currently exist would not be improved. It would be possible to address the queuing problem, but it requires the loss of parking spaces and increased cost of reconfiguring parking and traffic islands. Capital Improvement Project (CIP PB-82) has an available appropriation of $145,415.36 from the Capital Project Budget for the Parking Garage. For Option #1, the low bid of $80,085.18 was received from Duncan Industries. Information on the following items was requested: the revenues anticipated to be generated as a result of a different type of a structure; the aggregate cost involved for maintaining the meters; the anticipated revenue from half- hour/hourly basis parking; anticipated revenue from parking meters; the foregoing of ticket revenues and parking attendants if there are no parking meters; which of the two, surface or garage parking, is cheaper for the people parking there; the cost of short and long stay parking; the estimated cost of necessary signage. Motion -- Ferris moved that this Item be deferred one week to enable staff to obtain more -- carried information. Motion carried 7 to 0. RECESS The City Council recessed at 10:50 a.m. and returned at 11:03 a.m. Council Members Cole, Kamen, Rogers; absent. GRANT APPLICATION GRANT APPLICATION FOR COMMUNITY SERVICES BLOCK GRANT FUNDS. Council Member Cole present. Chris Cherches City Manager reviewed the Item. Agenda Report No. 95-484 On October 1, 1981, the U.S. Congress passed the Community Services Block Grant Act which provides funds to States for grants to 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 this area 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 July 1, 1995. 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. The application has been reviewed by the Human Services Board and recommended for approval. The grant period is from July 1, 1995 to June 30, 1996. The amount of the grant request is $642,508. No local funds are requested. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Council Member Rogers present. Motion -- Ferris moved that the application for Program Year 1995-96 be approved and the -- carried City Manager be authorized to sign the grant documents. Motion carried 6 to 0. (Kamen absent) WHA LEASE AGMT. REVISED LEASE AGREEMENT - WICHITA HOUSING AUTHORITY. Chris Cherches City Manager reviewed the Item. Agenda Report No. 95-485 Pursuant to the Kansas Tenant Landlord Act, the Department of Housing and Urban Development (HUD) and Fair Housing and Equal Opportunity (FHEO), housing authorities are required to execute Lease Agreements with their applicants upon placement. The Lease Agreements insures consistency and fair treatment among all residents. In addition, the Lease establishes the criteria for continued occupancy with the Admissions and Continued Occupancy Policy. The existing Lease of the City of Wichita, Housing Authority, has been amended numerous times and contains multiple exhibits. The Board of Housing Commissioners discussed and approved the lease at their regularly scheduled meeting on May 18, 1995. The vote to incorporate the changes was unanimous. The proposed revised Lease Agreement incorporates pertinent information previously contained in amendments into the general text. In addition, revisions have been made pursuant to changes in rulings as presented by the Department of Housing and Urban Development and the Code of Federal Regulations. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that implementation of the revised Lease Agreement be authorized. -- carried Motion carried 6 to 0. (Kamen absent) PONDING AREA STUDY PONDING AREA STUDY. Steve Lackey Director of Public Works reviewed the Item. Council Member Kamen present. Agenda Report No. 95-486 The Wichita-Valley Center Flood Control Project (WVCFC) was constructed in the early 1950s. At that time, ponding areas were designed adjacent to the channel. These areas pond water outside of the levees until the water in the channel goes down to levels to allow gravity flow into the channel. The Army Corps of Engineers asked the City and the County to purchase easements in the ponding areas to ensure that developed properties would not be flooded in cases of high flows in the channel and the lack of sufficient gravity to drain water from the ponding areas. During its annual inspection, the Corps of Engineers felt the City and County should re-establish the original ponding areas and use those boundaries as guides for future development. The Corps expressed a willingness to assist with such a study. Since the WVCFC project completion, portable pumps have been used to keep surface water out of ponding areas. In 1993, the City purchased additional pumps to eliminate threats to areas previously impacted by ponded water. These pumps have been successful in keeping surface water out of those areas. On December 30, 1994, the City Council approved the agreement for an aerial photogrammetric mapping study for the two highest priority locations of the approximately 50 ponding areas, I-235/Seneca North and Hoover Road from US-54 to K-42. The Corps of Engineers has placed our projects on the 1995 federal funding list for special projects. They anticipate to receive funds to begin the ponding area study on these two locations this year. Without the photogrammetric mapping information provided by the local municipalities, this would not be possible. The result of heavy rains and damages to the channel experienced in 1993 has caused concern about the ponding areas and their capability to hold the designed amount of water and avoid home flooding, due to changes in the drainage basins over the past 40 years. To address these concerns related to the ponding areas, a Corps funded study will identify the actual number of existing ponding areas, determine their actual boundaries and holding capacities, report the limits of the drainage basins, and estimate costs of new structures in ponding areas, if required. In addition, the study should estimate the cost of placing permanent pump stations in selected areas to facilitate the drainage of the ponded water. However, in order for the Corps to perform the ponding area study mentioned above, they need local support in the form of accurate existing topographic data (i.e. photogrammetric mapping data) for the ponding areas. During the 1994 budget hearings, both the City Council and County Commission agreed to budget $50,000 each for a ponding area study in 1995. By coordinating with the Tulsa District Corps of Engineers, we can hopefully receive federal funding for the ponding area study itself, if local funds are used to gather the aerial photogrammetric mapping data. The 1994 local funds designated for the ponding area study were used in that manner. All costs associated with the Flood Control project are funded on a 50/50 basis between the City and the County. The results of the ponding area study will assist the City and County in creating development policies. Steve Lackey Director of Public Works, responding to a question, said the first phase of the study will actually determine the limits that are included in the ponding areas today, given the development that has occurred from 1950 to date. The next phase needing to be determined is how these are managed, whether to go in and buy houses and clear the areas out and create natural ponds, or to install pump stations to try to evacuate the areas of the impoundments and allow the development to remain. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that staff be directed to solicit RFPs for ponding area study data. -- carried Motion carried 7 to 0. ADDENDUM ITEM BZA APPLICATION FEES ORDINANCE PERTAINING TO FEES FOR BOARD OF ZONING APPEALS APPLICATIONS. Council Member Kamen declared a conflict of interest and left the Bench. Chris Cherches City Manager, responding to a question, said that the appeals type of activity is far less than the other routine types of applications. Based on the best comparison available, the variance model, the fee for an appeal is not a true reflection of its actual cost. A reduction of the fee would apply only to the Old Town area. Marvin Krout Director of Planning, clarified that an appeal is when an administrative interpretation of the ordinance is appealed. It could be an administrative ruling on a design or it could be how height or set-back on a building is measured; where there is some discretion involved in the decision and there is a disagreement on the interpretation. A variance is where it is clear that the zoning ordinance, for example, states that something cannot be more than 32 square feet and someone wants to vary it and be more than 40 square feet. Appeals are very rare throughout the whole city. Usually they are about whether or not a use is non-conforming. Council Member Ferris Council Member Ferris questioned the reasoning behind charging a fee when a citizen, either as an owner or a neighbor, believes that staff has misinterpreted a ruling incorrectly and wants to argue that a mistake has been made. Marvin Krout Director of Planning, stated that there are many costs in going to the BZA, including notices, minutes, advertisement of hearings, and correspondence. Gary Rebenstorf Director of Law, responding to questioning, said that the City Council would have the authority to set up an administrative process where a person appealing something would be required to pay the cost if they were not successful on their appeal. Mayor Knight Mayor Knight said the $300 fee currently imposed for an appeal is most likely the reason there are not many appeals filed. There needs to be a balance between a municipal government's power and the right of the citizen. Council Member Ferris Council Member Ferris stated that the fee should be universal at $50 and that staff should return in one year if there are problems. Marvin Krout Director of Planning, responding to a question, said that the City Council would have to amend Chapter 2 of the City Code to remove the notification requirement for appeals. Costs would be reduced for the City and accordingly, to the applicant paying a reduced fee. Motion -- Knight moved that the fees for Board of Zoning Appeals applications be reduced to -- carried $50 and the Ordinance be placed on first reading. Motion carried 6 to 0. (Kamen absent) ORDINANCE An Ordinance amending Section 2.26.020 of the Code of the City of Wichita, Kansas, pertaining to fees for Board of Zoning Appeals applications and repealing the original of said Section. Council Member Cole Council Member Cole requested staff bring back to the Council consideration of the necessary amendment to Chapter 2 regarding notification of appeals. CITY COUNCIL AGENDA Council Member Kamen present. PROCLAMATION PROCLAMATION. -- Get Yourself An Agent Week Motion -- carried Knight moved that the proclamation be authorized. Motion carried 4 to 3. Ferris, Gale, Kamen - No OFF AGENDA ITEM LEGAL PUBLICATIONS Motion -- carried Rogers moved that an Item be taken up off the Agenda. Motion carried 7 to 0. Council Member Rogers Council Member Rogers stated that many persons have been concerned about publication of city legal notices in the Derby newspaper versus the Wichita newspaper. Rates for the Wichita Eagle are $1.87 per line as compared to $.368 per line in the Daily Reporter. For the month of March, 1995, the difference in publication costs would have amounted to over $73,000. OFF AGENDA ITEM APPOINTMENTS Motion -- Kamen moved that an Item concerning Appointments be taken up off the Agenda. -- carried Motion carried 7 to 0. Motion -- Kamen appointed Dr. Tosh, Wichita-Sedgwick County Board of Health; Gregory Wilhite, Board of Codes Standards and Appeals; and Edgar Wilson, Police and Fire Retirement Board; and moved that the appointments be approved. Motion carried -- carried 7 to 0. CONSENT AGENDA Knight moved that the Consent Agenda, except Items 20 and 24 , 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 JUNE 5, 1995. At 10:00 a.m., Friday, June 2, 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 6/5/95) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Water Distribution System to serve Pawnee Mesa Third Addition (north of Pawnee, west of Lark). (448- 88483/732693/470348) Does not affect existing traffic. (Council approval date 09-18-90) (District V) WBW Contractors - $9,230.00 Knight moved that the contract 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. PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS DIVISION: FURNISH LABOR, MATERIALS, AND EQUIPMENT TO PROVIDE WINDOW REPLACEMENT SYSTEM FOR THE LYNETTE WOODARD RECREATION CENTER AS PER SPECIFICATIONS Sutherland Bldr. - $21,000.00 (Base Proposal) - $ 3,000.00 (Alternate 2) HUMAN SERVICES DEPARTMENT/WICHITA HOUSING AUTHORITY: SECURITY FENCINGS FOR ROSA GRAGG AND BERNICE HUTCHERSON FACILITIES AS PER SPECIFICATIONS American Fence Company - Group I - $46,260.00 - Group II - $14,727.00 PARK DEPARTMENT: PLAY STRUCTURE AS PER SPECIFICATIONS Athco - Group I - $20,523.00 (Total Net Bid) - Group II - $ 3,697.00 (Total Net Bid) - No Add Alternate PUBLIC WORKS DEPARTMENT/FLOOD CONTROL: RIPRAP AS PER SPECIFICATIONS George M. Myers, Inc. - $161,460.00 (Total Net Base Bid) Knight moved that the contract be awarded as outlined above, same being the lowest and best bid. Motion carried 7 to 0. LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. (Consumption off Premises) Roy E. Brockmeier Quik Trip #357 1406 N. Waco Roy E. Brockmeier Quik Trip #340 2433 W. 31St. S. Roy E. Brockmeier Quik Trip #317 1611 S. Meridian Roy E. Brockmeier Quik Trip #313 3164 S. Hillside Roy E. Brockmeier Quik Trip #312 2336 S. Oliver Roy E. Brockmeier Quik Trip #372 3106 E. Pawnee Roy E. Brockmeier Quik Trip #356 4808 S. Hydraulic Roy E. Brockmeier Quik Trip #368 363 W. 21st. N. Roy E. Brockmeier Quik Trip #358 1337 N. Ridge Road Roy E. Brockmeier Quik Trip #376 2106 S. Rock Road Roy E. Brockmeier Quik Trip #374 10315 W. 13th. Roy E. Brockmeier Quik Trip #378 5611 S. Broadway Roy E. Brockmeier Quik Trip #379 4811 S. Seneca Ralph McGuire Dillon Store #653211 S. Seneca Ralph McGuire Dillon Store #168828 W. 13th New Operator 1995 (Consumption on Premises) Hien Thanh Ly China Village* 7011 W. Central, Suite 116 *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. Esthner from the west line of Lark Second Addition to the south line of Lot 5, Block A, Lark Second Addition; Mars from the south line of Lot 5, Block A, Lark Second Addition to the west line of Lot 9, Block B, Lark Second Addition; Dora from the west line of Lot 9, Block B, Lark Second Addition to the east line of Lark Second Addition; and Dora Courts from the north line of Dora to and including the cul-de- sac to serve Lots 12 through 31, Block A and from the south line of Dora to and including the cul-de-sac to serve Lots 11 through 26, Block B, Lark Second Addition (south of Kellogg, east of 119th Street West). (472-82550/762989/490401) Does not affect existing traffic. (Council approval date 03-21-95) (District V) b. Lateral 312, Southwest Interceptor Sewer to serve parts of Reflection Ridge Seventh & Eighth Additions (south of 29th, east of Tyler). (468-82211/742288/480320) Does not affect existing traffic. (Council approval date 04-21-92) (District V) c. Lateral 30, Main 1, Westlink Sewer to serve part of Westfield Acres Addition (north of Maple, west of Tyler). (468-82474/742270/480319) Does not affect existing traffic. (Council approval date 05-09-95) (District V) Lateral 57, Main 22, War Industries Sewer to serve Home Design Center Addition (north of 29th, east of Rock Road). (468-82052/742296/480321) Traffic to be maintained through construction. (Council approval date 04-10-90) (District II) 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., June 23, 1995. Motion carried 7 to 0. PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. Water Distribution System to serve Pawnee Mesa Third Addition (north of Pawnee, west of Lark) - $18,223.83. (448-88483/732693/470348) Does not affect existing traffic. (Council approval date 09-18-90) (District V) b. Water Distribution System to serve The First Mennonite Brethren Church (north of 21st, east of Tyler) - $25,750.00. (448-88924/n/a/n/a) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 05-23-95) (District V) Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 7 to 0. PETITION PETITION FOR LEFT TURN LANE ON 21ST ST. NORTH TO SERVE GOLF PARK WEST ADDITION (SOUTH OF 21ST, EAST OF TYLER). (DISTRICT V) Agenda Report No. 95-487. The signature on the petition represents 100% of the improvement district. The project will improve safe access and traffic flow to a commercial development. The estimated project cost is $14,000. The funding source is Special Assessments. Motion -- Knight moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-95-260 Resolution of findings of advisability and Resolution authorizing improving of a left turn lane on 21st Street North to serve Lot 2, Block 1, Golf Park West Addition Project No. 472-82596 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: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. BOARDS MINUTES MINUTES OF ADVISORY BOARDS. Ad Hoc Committee Wichita/Sedgwick County Solid Waste Management, 5/1/95 Board of Appeals of Air Conditioning, Refrigeration, Warm Air Heating and Boilers, 5/25/95 Board of Electrical Appeals, 5/9/95 Board of Park Commissioners, 5/22/95 CPO Northeast Council 1, 5/22/95 CPO Southeast Council 3, 5/25/95 CPO Southwest Council 4, 5/25/96 CPO Northwest Council 5, 5/24/95 Civil Rights & Services, 5/15/95 Public Art Advisory Board, 4/11/95 Sister Cities Advisory Board, 5/5/95 Wichita Historic Preservation Board, 5/8/95 Wichita Airport Authority, 5/15/95 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 7 to 0. (Item No. 20) STREET CLOSURES/USE CONSIDERATION OF STREET CLOSURES/USE. Motion -- carried Knight moved that this Item be stricken. Motion carried 7 to 0. CONTRACT - USD #259 CONTRACT WITH USD #259. (ALL DISTRICTS) Agenda Report No. 95-489. The CDBG contract, in the amount of $6,500.00, with USD 259 is to provide a summer food program for low-income children and adults who accompany the children to nutrition sites. Meals will be served at a cost of $2.28 each. CSBG grant funds are utilized and no general fund moneys are obligated. Motion -- Knight moved that the Contract be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. DESIGN SERVICE AGMNT AGREEMENT FOR DESIGN SERVICES FOR HARBOR ISLE ADDITION. (DISTRICT VI) Agenda Report No. 95-490. The City Council approved the Harbor Isle Addition development on July 26, 1994. The proposed Agreement between the City and Poe & Associates of Kansas, Inc. provides for the design of Lateral 84, Sanitary Sewer No. 23; Water Distribution System No. 448- 88854; and paving Timbercreek Courts (east of Meridian, south of 53rd Street North). Because Poe & Associates of Kansas, Inc. provided subdivision engineering services for this addition, it can expedite construction plan preparation. Payment will be on a lump-sum basis not to exceed $27,100 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. CAPITAL PROJECTS CAPITAL PROJECT INITIATION. A. UTILITY EXTENSIONS AND MODIFICATIONS - AIRPORT AUTHORITY. Agenda Report No. 95-491. The project is Utility Extensions and Modifications (1995) and represents improvements that will be made to Mid-Continent Airport subject to further action and approval by the Wichita Airport Authority. The project has been included in a Capital Improvement Program of the City of Wichita. This action approves only the intent to use City of Wichita bonding authority in the future and does not specifically authorize the issuance of debt nor does it preclude the use of any substitute funding source. The total cost for the capital improvements, based on the best present information, is $100,000. Motion -- Knight moved that the project be approved and the Resolution be adopted. Motion -- carried carried 7 to 0. RESOLUTION NO. R-95-261 A Resolution declaring that a public necessity exists for, and that the public safety, service, and welfare will be advanced by, the making of certain capital improvements to the Wichita Mid-Continent Airport Facility operated by the Wichita Airport Authority of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. B. NORTH AIR CARGO APRON, PHASE III - AIRPORT AUTHORITY. Agenda Report No. 95-492. The project is North Air Cargo Apron, Phase III and represents improvements that will be made to Mid-Continent Airport subject to further action and approval by the Wichita Airport Authority. The project utilizes 90% funding from the Federal Aviation Administration. The project has been included in a Capital Improvement Program of the City of Wichita. This action approves only the intent to use City of Wichita bonding authority in the future and does not specifically authorize the issuance of debt nor does it preclude the use of any substitute funding source. The total cost for the capital improvements less Federal Aviation Administration grant contributions, based on the best present information, is $350,000 (an increase of $100,000). Motion -- carried Knight moved that the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-95-262 A Resolution declaring that a public necessity exists for, and that the public safety, service, and welfare will be advanced by, the making of certain capital improvements to the Wichita Mid-Continent Airport Facility operated by the Wichita Airport Authority of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. C. CHILLER REPLACEMENT - CENTURY II. Agenda Report no. 95-493. Century II Convention Center was completed in 1969. The air conditioning equipment is original. The chillers and some of the related equipment is worn out. The chillers provide cold water which is pumped to Century II and the Main Library and used for air conditioning. The chillers have reached a point where they are no longer economical to operate. In addition, they use a refrigerant that is no longer manufactured since it has been identified as an agent that damages the atmospheric ozone. Modern chillers are much more energy efficient than the original equipment. The 1995 Capital Improvement Program Project PB- 129 has $550,000 identified for replacement of the chillers and related modifications. Motion -- Knight moved that the project be approved, selection of an engineer be -- carried authorized, and the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-95-263 A Resolution declaring it necessary to replace certain air conditioning equipment in the Century II Convention Center, located at 225 West Douglas in Wichita, Kansas, directing that a preliminary estimate of the cost thereof be prepared and declaring it to be the intention of the governing body to issue City of Wichita general obligation bonds in an amount not to exceed $550,000 to pay all or a portion of the costs thereof, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. D. BOILER RENOVATION - CENTURY II. Agenda Report No. 95-494. Century II Convention Center was completed in 1969. The heating equipment is original. The heating boilers need renovation work to be dependable and to replace burner assemblies that are obsolete and inefficient. These boilers heat water that is pumped to Century II, Expo Hall and the Main Library for space heating. The boilers are in need of replacement of some defective equipment and installation of new efficient burner assemblies. The 1995 Capital Improvement Program Project PB- 131 has $45,000 identified for renovation of these boilers and related modifications. Motion -- Knight moved that the project be approved and the Resolution be adopted. Motion -- carried carried 7 to 0. RESOLUTION NO. R-95-264 A Resolution declaring it necessary to renovate certain heating equipment in the Century II Convention Center, located at 225 West Douglas in Wichita, Kansas, directing that a preliminary estimate of the cost thereof be prepared and declaring it to be the intention of the governing body to issue City of Wichita general obligation bonds in an amount not to exceed $45,000 to pay all or a portion of the costs thereof, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. (Item No. 24) PROPERTY ACQUISITION ACQUISITION OF PART OF 6601 S. SENECA (TRACT #1) FOR THE SOUTH SENECA DRAINAGE OUTFALL. (DISTRICT IV) Agenda Report No. 95-495. The South Seneca Drainage Outfall Project, approved by Council on June 15, 1993, will provide a drainage system into the Wichita-Valley Center floodway for property located north of the floodway around Seneca. The project will require of 7 full or partial takings. One of the properties identified for partial taking is identified as Tract #1, located at 6601 S. Seneca and is owned by Jimmy E. Ballard Etux. The property has been appraised as having a fair market value of $700. The owner has agreed to sell the needed right of way to the City for the appraised value. Funds have been budgeted in the 1993 Capital Improvement Program as project D-9303 in the amount of $1,000,000 with $150,000 budgeted for acquisitions. A budget of $1,000 in funds includes: $700 for acquisition, and $300 for closing costs, title insurance, survey, operating and maintenance expenses. This is the first acquisition for this project. Motion -- Cather moved that the budget and Contract be approved and the Mayor be authorized -- carried to sign the Contract. Motion carried 6 to 1. Kamen - No. PROPERTY DISPOSITION SURPLUS PROPERTY. A. NEAR THE NORTHEAST CORNER OF KELLOGG AND MAIZE ROAD. (District V) Agenda Report No. 95-496. The property is legally described as the South 40 feet of lot 11 and all of lot 12 and 13, Maize Road, Verda Vista Add. The property was originally purchased as the site for Fire Station 17. After the purchase of the property, an alternate site was chosen for the facility. 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 incurring the on-going maintenance costs, it appears to be in the best interest of the public to declare the property as surplus and offer it for sale to the general public. The City will receive cash consideration for the sale of the property. Motion -- Knight moved that the property be declared as surplus and designated as available -- carried for sale to the general public. Motion carried 7 to 0. B. NEAR THE NORTHWEST CORNER OF HILLSIDE AND LEWIS. (District I) Agenda Report No. 95-497. The property consists of vacant land located near the Northwest corner of Hillside and Lewis. The property was originally purchased from four separate owners as right of way for the Kellogg and Hillside interchange. The previous owners have reversionary rights which will have to be cleared before the property can be sold. The project is complete and it appears that the property is no longer needed by the City and may possibly be declared surplus. The property has been approved for disposition by the Kansas Dept. of Transportation; however, there can not be any median break at Lewis and Hillside and access control will be retained along both Kellogg and Hillside. A prospective purchaser could obtain additional right of way adjacent to Hillside if they satisfactorily relocate the existing highway lighting control box. 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 incurring the on-going maintenance costs, it appears to be in the best interest of the public to declare the property as surplus and offer it for sale to the general public. The City will receive cash consideration for the sale of the property. Motion -- Knight moved that the property be declared as surplus and designated it as available for infill development use or for sale to the general public. Motion -- carried carried 7 to 0. ORDINANCES SECOND READING ORDINANCES. (FIRST READING 6/6/95) FOP Pay Range ORDINANCE NO. 42-790 An Ordinance providing for a uniform schedule of standard pay ranges for all employees of the City of Wichita, repealing Ordinance No. 42-783, 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. Tax Exemption ORDINANCE NO. 42-791 An Ordinance exempting property from Ad Valorem Taxation for economic development purposes pursuant to Article 11, Section 13, of the Kansas Constitution; providing the terms and conditions for Ad Valorem tax exemption; and describing the property of Federated Merchandisers, Inc., so exempted, 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. Oliver Street ORDINANCE NO. 42-792 An Ordinance declaring Oliver Street from 25th Street North to 35th Street North (472-82588) 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. Central Street ORDINANCE NO. 42-793 An Ordinance declaring Central from Zoo to McLean (472-82583) 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. Eastern Bridge ORDINANCE NO. 42-794 An Ordinance declaring Eastern Bridge over Gypsum Creek (472-82577) 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. 25th Street Bridge ORDINANCE NO. 42-795 An Ordinance declaring 25th Street Bridge over Chisholm Creek (472-82578) 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. Mount Vernon Bridge ORDINANCE NO. 42-798 An Ordinance declaring Mount Vernon Bridge over Gypsum Creek (472-82576) 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. A 95-6 ORDINANCE NO. 42-796 An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. A-95-6 Z-3167 ORDINANCE NO. 42-797 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: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. Z-3170 ORDINANCE NO. 42-601 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: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. PLANNING AGENDA V-1906 PUBLIC HEARING V-1906 REQUEST TO VACATE A UTILITY EASEMENT LOCATED SOUTH OF 29TH STREET NORTH AND WEST OF WEBB. (DISTRICT V) Agenda Report No. 95-498. Staff Recommendation: Approve vacation of utility easement. MAPC Recommendation: Approve vacation of utility easement. Easement Utility Easement from Leewood Homes, Inc. 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 -- Ferris moved that the public hearing be closed, the vacation and easement be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order and the easement be recorded with the Register of -- carried Deeds. Motion carried 7 to 0. V-1907 PUBLIC HEARING V-1907 REQUEST TO VACATE A UTILITY EASEMENT LOCATED NORTH OF CENTRAL AND WEST OF TYLER. (DISTRICT V) Agenda Report No. 95-499. Staff Recommendation: Approve vacation of utility easement. MAPC Recommendation: Approve vacation of utility easement. Easement Easement from T.V. Realty, L.L.C. 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 -- Ferris moved that the public hearing be closed, the vacation and easement 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-1908 PUBLIC HEARING V-1908 REQUEST TO VACATE UTILITY EASEMENTS IN AREA SOUTH OF 35TH STREET NORTH AND EAST OF ROCK ROAD. (DISTRICT II) Agenda Report No. 95-500. Staff Recommendation: Approve vacation of utility easements. MAPC Recommendation: Approve vacation of utility easements. Easements Easement from Keith L. Anderson. 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 and easement be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order and the easements be recorded with the -- carried Register of Deeds. Motion carried 7 to 0. S/D 95-17 S/D 95-17 PLAT OF THE WESLEY WEST ADDITION LOCATED NORTH OF 13TH STREET NORTH AND EAST OF TYLER. (DISTRICT V) Agenda Report No. 95-501. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. Certificate Certificate of Petitions from HCA Health Services of Kansas, Inc. Paving 100 Percent Petition to construct an accel/decel lane on the north side of 13th Street North from the west line of Lot 1, Block 1, Wesley West Addition, to the east line of Reserve "A," and that portion of the major entrance on 13th Street North to Lot 1, Block 1, that is located within the public street right-of-way, Project No. 472-82597 (north of 13th, east of Tyler) ($65,000.00 S.A.) (Hold for development) 100 Percent Petition to improve the eastbound left turn lane in 13th Street North from the east line of Lot 1, Block 1, Northwest Village Fifth Addition to the west line of Reserve "A", Wesley West Addition, Project No. 472-82598 (north of 13th, east of Tyler) ($30,000 S.A.) (Hold for developement) 100 Percent Petition to improve turnarounds in Lot 1, Block 1, at Nantucket and Thurman, Wesley West Addition, Project No. 472-82599 (north of 13th, east of Tyler) ($15,000 S.A.) (Hold for developement) 100 Percent Petition to construct a curb and gutter along the south line of Aberdeen from the west line of Socora to the east line of Socora, Project No. 472-82600 (north of 13th, east of Tyler) ($6,500 S.A.) (Hold for development) Motion -- Knight moved that the Petitions be approved and 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-3148 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-95-266 Resolution of findings of advisability and Resolution authorizing construction of an accel/decel lane on the north side of 13th Street North from the west line of Lot 1, Block 1, Wesley West Addition, to the east line of Reserve "A," and that portion of the major entrance on 13th Street North to Lot 1, Block 1, that is located within the public street right- of-way, Project No. 472-82597 (north of 13th, east of Tyler), 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: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-95-267 Resolution of findings of advisability and Resolution authorizing improving of the eastbound left turn lane in 13th Street North from the east line of Lot 1, Block 1, Northwest Village Fifth Addition to the west line of Reserve "A", Wesley West Addition, Project No. 472-82598 (north of 13th, east of Tyler), 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: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-95-268 Resolution of findings of advisability and Resolution authorizing improving of turnarounds in Lot 1, Block 1, at Nantucket and Thurman, Wesley West Addition, Project No. 472-82599 (north of 13th, east of Tyler), 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: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-95-269 Resolution of findings of advisability and Resolution authorizing constructing a curb and gutter along the south line of Aberdeen from the west line of Socora to the east line of Socora, Project No. 472-82600 (north of 13th, east of Tyler), 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: 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-3148 S/D 95-29 S/D 95-29 PLAT OF THE DUGAN CENTRE THIRD ADDITION LOCATED NORTH OF KELLOGG AND EAST OF RIDGE. (DISTRICT V) Agenda Report No. 95-502. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. Avigational Easement Avigational Easement from Jean and Donald Girrens, Nancy and Nicholas Mohr, Mary and Kenneth Reichenberger, Elizabeth Orth, and Paul J. Mohr. Certificate Certificate of Petitions from Kenneth R. a/k/a Kenneth L. Reichenberger. Restr. Covenant Restrictive Covenant from Jean and Donald Girrens, Nancy and Nicholas Mohr, Mary and Kenneth Reichenberger, Elizabeth Orth, and Paul J. Mohr. Restr. Covenant Restrictive Covenant from Jean and Donald Girrens, Nancy and Nicholas Mohr, Mary and Kenneth Reichenberger, Elizabeth Orth, and Paul J. Mohr. Sewer 100 Percent Petition to construct Lateral 39, Main 4, Southwest Interceptor Sewer (North of Kellogg, west of Dugan), Project Number 468-81592, ($22,000 S.A.) (Hold for development) Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 7 to 0. RESOLUTION NO. R-95-270 Resolution of findings of advisability and Resolution authorizing construction of Lateral 39, Main 4, Southwest Interceptor Sewer (North of Kellogg, west of Dugan), Project Number 468-81592, 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: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. 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, personnel matters of non- elected personnel; and the regular meeting be resumed at -- carried 12:30 p.m.. Motion carried 7 to 0. RECESS Council recessed at 11:50 a.m. and reconvened in regular session at 12:43 p.m.. Mayor Knight Mayor Knight announced that no action was necessary as a result of the executive session. ADJOURNMENT The City Council Meeting adjourned at 12:43 p.m. Tom Schneider Deputy City Clerk COUNCIL PROCEEDINGS JOURNAL 158 JUNE 13, 1995 Page