MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, August 20, 1996 Tuesday, 9:05 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cather, Cole, Gale, Kamen; present. Council Members *Ferris, Rogers absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Rev. Sylvia Farmer Drew. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. Minutes -- The minutes of the regular meeting of August 13, 1996, were -- approved approved 5 to 0. (Ferris, Rogers; absent) AWARDS AND PRESENTATIONS *Council Member Ferris present. Award Presentation A plaque was presented to the City by New Jerusalem Missionary Baptist Church for the support given during the Northeast Area Clean-Up effort. SERVICE CITATIONS Mayor Knight presented Distinguished Service Citations to those present. PROCLAMATION Mayor Knight presented the Proclamation previously approved. PUBLIC AGENDA COMMENTS BY DAVID J. ANDERSON. David J. Anderson David J. Anderson, #19 Douglas, Eastborough, asked the City Council to consider reduction in rates charged for water sold to residents of Eastborough. Mr. Anderson asked that the rates be equalized with that of City of Wichita residents or that the surcharge be justified. Mayor Knight Mayor Knight explained that prior to 1945, the City of Wichita received its water from a private water company. The quality of the water was inferior and the City of Wichita issued general obligation bonds and used City tax funds to buy that water company, expand it, and improve the water. The only people that paid for the bonds were Wichita residents. David Warren Director of Water and Sewer, responding to a question, said Wichita supplies retail water service to Andover and Eastborough, and wholesale water service to Kechi, Park City, Rose Hill, Benton, Bentley, and several rural water districts. Mayor Knight asked that this matter be referred to the City Manager and Water & Sewer Department Director and that the City Council revisit the policy with regard outside the City water service. NEW BUSINESS SOLID WASTE MANAGEMENT PUBLIC COMMENT ON SOLID WASTE MANAGEMENT. Mayor Knight Mayor Knight stated that Council Members Ferris and Gale are leading the Council on getting Requests for Proposals (RFPs) and bids on transfer stations. The City Council took action, in the last several weeks, which has created a heightened concern by many people about getting options on land in northeast Sedgwick County. As a result, there is a real tension between the City Council and the Sedgwick County Commission. Cooperation with Sedgwick County is absolutely essential if the City, County, and Region are going to succeed in the years to come. It is necessary that there be an openness to new arrangements and new ways of doing things. Mayor Knight said he met with Tom Winters, Sedgwick County Commission Chairman, who expressed the following concerns (not presented as official County Commission point of view): 1. More clarification on where the City is on the Solid Waste Management Plan and where it is going to be thirty days from now - whether the plan is going to be in place. 2. That a process be outlined for community participation (not just City of Wichita citizens but the broad community). 3. That there be more information about the projected time-lines on reducing the waste volume in the Plan. (The Council has established some time-lines but it is not thought they are well known in the community.) 4. What the City's view would be regarding exploration of expansion of the membership on the Wichita-Sedgwick County Solid Waste Management Committee (currently 19 members). 5. The possibility of an En Banc City/County meeting on September 9th, 1996, for the Local Landfill and/or Transfer Station informational material consideration. 6. Whether or not the City Council would consider allowing the County Commission to vote on the direction to be taken. This would result in, at the En Banc meeting, a requirement of a majority of both the City Council and the County Commission to approve a direction. Mayor Knight asked that the Council think about the request and stated that, if followed, the outcome that would be reached would have a much stronger universal support than if it were not followed. Council Member Cather Council Member Cather stated that this matter points out the need for City/County consolidation. Mayor Knight Mayor Knight said he intended to try to engage the community in one more attempt at reorganizing the governments sometime after the first of 1997 but there is an immediacy on this issue that cannot wait. Council Member Kamen Council Member Kamen said getting the choices reduced to a transfer station or a landfill was quite an accomplishment. Something else that needs to be looked at is, if a landfill is chosen, that a portion of the savings for a certain number of years should be set aside, as it is accumulated, to alleviate any effects the landfill might cause on the region. Council Member Ferris Council Member Ferris spoke in favor of an En Banc meeting on September 9th, but said he did not think that would be the appropriate time for the City or the County to receive information, public comment, and emotion and then make a decision. If any decisions are to be made, preference would be that they not be made on September 9th. The most effective way to decide might be for the City Council and County Commissions to each vote in their own chambers. This would take away some of the politics. If a total vote were desired, it might be more appropriate to have a vote that would be a full twelve member vote. It is extremely important that the information be jointly received so the facts can be jointly known apart from the emotion. It is also important that the public hearing be received jointly so all concerned might have the same sense of what the community is feeling, thinking, and the direction the community wants to go. Regarding a joint vote, Council Member Ferris said he would need time to think this matter through. Council Member Cole Council Member Cole stated that she was in favor of inviting the County Commission to join the City Council on September 9th to hear the information and public comment. Council Member Cole said she also was in favor of a vote not being cast on September 9th and of taking time to make a decision on a joint vote. Mayor Knight Mayor Knight said the City has gone to great lengths, over the last several years, to establish a new public philosophy that reflects a sense of community, and the importance of citizens in the community and citizen participation. Mayor Knight spoke in support of any attempt that can be made to reconnect citizens, who have grown distrustful and cynical of government, and to try and re-establish and re-earn that trust. Mayor Knight asked that the Council think about this matter and know that the Mayor is generally supportive of the County Chairman's request. The joint vote matter could be discussed on Tuesday, September 10th, and the decision could be passed on the County Commission. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Dan Wendell Dan Wendell, 11601 East 77th North, expressed concern about the "trash dump" that would be put in his front yard - no one should have a trash dump in their front or back yard. Other concerns are groundwater and groundwater runoff to ponds that water livestock and in which children swim. The water eventually runs off to Santa Fe Lake. Blowing trash, odor, bird droppings, heavy truck traffic, air pollution, and noise from large machinery will drive away any wild life now in the area. Property values and lower quality of life will be the result. Trash routes, which eliminate duplicated routes, should be franchised. With efficiency, more trash pickups could be made per week and the pickups could be used for recycling. At present, trash is so economical and recycling is so inconvenient that very little is being recycled. A good recycling program would result in less trash which could be hauled to trash transfer stations in industrial parks which are out of people's neighborhoods. The trash could be shipped away - only until a better solution could be engineered. Mr. Wendell urged consideration of other options to landfills in Sedgwick County which is already heavily populated in all parts of the County. Duane Sanders Duane Sanders, Lincoln Township, fourth generation land owner, said that about 20 years ago a hazardous waste dump was established in the Lincoln Township and it was felt then that it was not the correct site. The soil was not compatible for a facility of that type. The proposed landfill site is just one mile south of the other site. The property owners in the area do not feel that the soil is proper for another waste dump. It took six years, but the property owners in the area got the hazardous waste dump closed. The community is persistent and, if the site is chosen, the City will be dealing with people who just do not give up and "as long as we think we are right, we will keep after it." Carol Robarchek Carol Robarchek, 9800 North 127th East, said the site chosen shares the same soil consistency as the Furley site which has soil which is not appropriate for a sanitary landfill because the soils have a low strength due to their shrink/swell potential, promote excessive runoff because of heavy clay, and promote groundwater pollution because water will stand on the refuse before it finally percolates to the drinking water table. Clay soils also make it difficult to operate heavy equipment. The soil also has too much clay to use as daily surface cover for a landfill. In addition, the formation which extends into the Furley Toxic Waste Dump area and down into the two sections the City has options on has a perched water table that is 2.5 to 3.5 feet below the ground surface. It was said problems of the Furley Toxic Waste Dump could be engineered around, but the taxpayers will be paying the cost of the cleanup from the mistakes of the City Council decision. Furley was owned by a private company. The taxpayers of Sedgwick County and Wichita will end up being responsible for a mistake in a decision based on exactly the same soils as before. Ms. Robarchek called for responsible planning and viable solutions for waste disposal for all in Sedgwick County. Dr. Ben Huie Dr. Ben Huie, environmental scientist, said proposals for volume-based trash fees, enhanced recycling, yard waste and construction demolition waste bans, special waste handling have been talked about for some time. Over 45 percent of the waste stream is potentially recyclable and over 60 percent may be compostable - with reality being somewhat less. Substantial reductions in the waste stream can be achieved. The major problem with the proposals is that there has been no implementation. Dr. Huie said he had been promised by City Staff that there would be a full-time permanent facility (recycling) by 1995. In the Spring of 1996, Dr. Huie said he was told there would be a permanent facility in 1996. Last week, Dr. Huie heard that there will be a permanent facility in 1997, maybe. This is not implementation - it is simply talk and proposals. Dr. Huie urged the Council to move forward quickly to implement the plans and get the waste stream reduced and detoxified. It is going to be easier, cheaper, and more acceptable to the community to site a facility to deal with 800 tons/day of non-hazardous material than with the proposal to deal with 1,500 tons/day, including 50 to 100 tons/day of hazardous waste. Regarding the shortfall of the funds to close Brooks Landfill, Dr. Huie said that, with the new figures that came out last week, the actual amount is looking more like $30 million than $25 million. If Sedgwick County takes over Solid Waste Management, the taxpayers of the City of Wichita are probably going to have to take care of that shortfall. If Sedgwick County does not take over the Solid Waste Management and if there is a new landfill facility, the rate shock would be reduced by not having to bear the burden of closing Brooks Landfill at the same time the expense of the new facility is being paid. Bruce Bodecker Bruce Bodecker, Butler County resident, said he had spent ten years in the process of trying to stop the Furley dump and, in the process, has worked with EPA in the cleanup of Furley. Mr. Bodecker said he found it odd that the City would purchase property next to a leaking, hazardous waste site. The City might become responsible for cleaning up some of the Furley "mess" just because some of the leakage might be on property the City wants to purchase. If new leakage develops, whose responsibility is it to clean up the leakage - Waste Management or the City landfill? It is understood that the option on the ground was purchased so the expense of a transfer station versus a landfill could be adequately compared, but it is doubtful if the expense of leakage from Furley was considered. Mr. Bodecker said that, to his knowledge, there is not another disposal cell in the United States that has three plastic liners as the Furley "DC 2" site has. In that cell is contaminated soil, contaminated sludge, and probably semi-trailers, wheels, rubber gloves, clothing, and any kind of material that was used in the clean-up process. That disposal cell probably cost around $20 million to build. Mr. Bodecker's job was to monitor how the construction of the cell was done. It would be expected that the City of Wichita would meet the same community standards and if a landfill were put in, there should also be three plastic liners. In the process of putting in the plastic liners, failure of the site was also defined. Failure of the DC 2 site is not defined by groundwater contamination but by contaminants migrating into the third liner. If contaminants get through two layers and reach the third liner (leak detection system), that is when the site has failed. That is the standard in the neighborhood to which the EPA has agreed. Mr. Bodecker said he stood on the site as each liner was put in place and he has good arguments why it is necessary. "Be prepared for that expense. We are going to come at you with that." Regarding zoning, when the first site was put in there was no zoning in Sedgwick County. There is now zoning in Sedgwick County and it is not understood how the zoning process can not be gone through for the landfill. If the zoning normal process has been "short-circuited" by the agreement between the City and the County, there should be an explanation to the public. Council Member Ferris Council Member Ferris explained that the City Council did not authorize anyone to buy land in the area. Some options were secured by a company and that company represented itself to the City as having options on the land and able to provide the land. After the initial options were secured, the broker was instructed to go back to the area and the land being purchased is from owners. The City Council did not authorize anyone to go out and buy land on behalf of the City for a landfill. Susan Sellers Susan Sellers, 6505 North 127th East, said mandatory recycling is needed. Children are being taught to recycle but it is wondered why if the City is not going to promote recycling. Ms. Sellers said her husband's business promotes recycling and the money made from recycling is used to treat the employees. All businesses should promote recycling. Past experience has shown that landfills do not work and it is not understood why the City would do something that has not worked in the past. Jerry Lott Jerry Lott, 7341 North 143rd East, said he was under the impression that Brooks Landfill could be extended longer with the Kingsbury site. Mr. Lott said he had been told the reason it would not be extended was because of Council Member Cather and Mayor Knight's refusal to do so and that he was asking why the refusal. Mr. Lott said he had not heard about any options for transfer stations and he wondered how a transfer station could be constructed as fast as necessary. Mayor Knight Mayor Knight explained that there is no place in Sedgwick County less acceptable for solid waste than the Brooks Landfill site. The Brooks Landfill site started out as a temporary site because the City and County were unable to find a better site. Hydrology, geology, population density, proximity to a small airport, and location in the fastest growth area in Sedgwick County are all reasons to not continue at the Brooks site. Mayor Knight said that, as one of seven, he had no intention of moving from one bad site to another bad site. The community should recognize that the Council has, in a fairly short time, taken an approved, proceeding plan and has stopped the proceeding and started the process of accepting bids on transfer stations. Whether or not it is agreed to, the logic was to have a circumstance where the transfer station option could be compared "apples to apples" to the landfill option. Council Member Cather Council Member Cather said there will be enormous closure and remediation costs from the closure of Brooks Landfill which is an environmental disaster. The Brooks site was probably the worst site in the County in which to situate a landfill. The water Brooks is contaminating goes downstream into a number of communities and eventually empties into the water supplies of other cities downstream. Brooks landfill site has little clay, gravel, and no liner - all of which are requirements for subtitle D landfills. Council Member Kamen Council Member Kamen stated that the crucial thing about recycling is that markets for the recycled product are needed. Movement must be slow and a place must be found to put the products because if there are no users of the product, it will just accumulate. If there were mandatory recycling, it could not be handled and would end up at the dump anyway. Randy Parker Randy Parker, 8401 East 101st North, said it was his understanding that in 1991-1992, the Camp Dresser & McKee (CDM) consultants did a study for the City. It is understood the CDM Report provided some of the following information: Summary of landfill site selection criteria Survey of Sedgwick County Development of a map with potential sites (3) for a landfill (sites in the southeast, southwest, and northeast corners of the County) Sites of 1,000 to 1,500 acres were recommended as land area KDHE informed Mr. Parker that in 1990 there was a court-ordered (Federal?) decision that there would be a closure of all non-subtitle D landfills to be done in an approximate six-year time frame. KDHE (Doyle Tucker) informed Mr. Parker that Brooks Landfill has a closure date of October 9, 1996, with no extension, as of right now, granted for a continued operation. Mr. Tucker of KDHE also told Mr. Parker that the vertical expansion studies were still under consideration but that there was no date given as far as when a decision would be made. Mr. Parker said his concern was how the decision on vertical expansion would match up with the October 9th, 1996, closure of Brooks Landfill. It is understood that the Brooks Landfill site is approximately 400 acres and has been in operation since the mid-1960s. Mr. Parker questioned why a site of 1,000 to 1,500 acres is necessary if the City is in a situation of reduction of volume of waste reduction, and if recycling volume reduction plans can be implemented. Mr. Parker also asked whether there had ever been discussions to accept solid waste from outside Sedgwick County or outside the State of Kansas. Mr. Parker said he did not agree with shipping local waste to other sites but he did not want others shipping their waste into a local landfill. In the Saturday, Wichita Eagle, Council Member Ferris indicated that a decision to develop a landfill is far from final. Evidently, now is the only time landfill options have been purchased since the 1991-1992 study. Mr. Parker asked for clarification on the matter of landfill option purchases. Mr. Parker asked for the following information: 1. Whether any of the 1,200 parcel optioned was owned by Waste Management, BFI, Herzog, or any other company that has a vested interest in opening a landfill and operating a landfill for the City of Wichita. 2. Who is Ventureland Company, when it was formed, who formed it, is there a paper trail back to a company such as Waste Management or BFI? 3. Did the City grant Ventureland the authority to purchase options? 4. How did the Ventureland Company approach the current owners of the site? 5. If Ventureland was asked by the owners what the development use was going to be - did they answer honestly. 6. How many acres of land are needed to start development on the site? The full 1,200 or just the land with current options? 7. Possible landfill would be required to be subtitle D. Will the leachate be treated on site? 8. Subtitle D landfill evidently is required by EPA, if it is so good as to be able to be put in at the northeast site, why is it not good enough to put in at the Kingsbury site? It is understood about the groundwater but there are also people at the northeast location who have wells and who drink the water from those wells. 9. Why was a plan submitted to KDHE that failed to contain specific details of a potential landfill operation? It is understood that the plan which was turned down lacked substantial detail. 10. Why, after three sites were identified, did the City need to wait for land option purchases to start to prepare estimates on the operation of a landfill site? 11. Have there ever been any preliminary estimates done for the three sites in the past? 12. Why did the City, in the spirit of cooperation, choose to leave out the County Commission concerning the land option purchase? It is understood that the purchase of land by a government needs to be done somewhat quietly so exorbitant prices will not have to be paid but the feeling would have been better had the County Commission been informed of the decision so the County residents' representation could have been taken into account. 13. Would any of the City Council Members be willing to live next door or across from a landfill? Mayor Knight momentarily absent with Vice Mayor Kamen in the Chair. Council Member Ferris Council Member Ferris said, regarding accepting trash from outside areas, the City has been advised that the City has no legal right to tell someone they cannot dump at a landfill. Trash tends to go to the cheapest way of disposal. Currently, there is no reason why other cities would want to dump in Wichita's landfill when there are cheaper sites surrounding Wichita. If it were not for the transportation costs, transfer stations would be very appealing - and they may still be appealing. The acreage needed for an actual landfill would be 300 to 400 acres with 40 acres lasting 25 to 35 years. Five hundred (500) acres would last about 40 years. The 1,500 acre amount was to have enough land to create a park-like setting leading to the landfill - so no one would live right adjacent to the actual landfill. What the City knows about Ventureland is that it is a company in Oklahoma City. The City's contact was through a realtor in Oklahoma City. The City has not asked whether Ventureland has any ties to any other waste companies. An effort will be made to find out that information before the September 9th public hearing. Purchase of the options is a very common process the City goes through. The minute the City Council decided, the City embarked on trying to bring the County Commission into the process. As the City has not actually purchased anything at this time, the City believed it was going in an appropriate mechanism. The hearing today is because the City has a very open process to the procedure and discussion is being allowed on whether or not to go any further than has been gone. It is believed that what has been done was appropriate and that nothing has been done that should be portrayed as something where trust has been violated. Everything is being done, as much as possible, in an open manner. Don Langford Don Langford, 6415 North Greenwich Road, expressed concern that the City would consider another landfill when both the Furley and Brooks landfills had failed. A landfill means increased trash in the area, concern for quality of well water, and lower property values. Mr. Langford suggested looking at recycling and transfer stations. The solution should be a broad-based, area-based solution. Wayne Miller Wayne Miller, 10501 North Greenwich Road, said that with the Furley site he lost acreage and got pollution. If the City were to put in a landfill in the northeast site, he would get more of the same plus trash. Mr. Miller suggested the City do away with the amount of trash currently being collected. Janice Cooper Janice Cooper said the City should step beyond landfills which have been proven to break down regardless of the amount of technology applied. Ms. Cooper said that because of the option the City purchased, she has lost a contract on her home and had lost prospective buyers. A landfill in the area would mean water pollution and contamination of wells. Betty Gholar Betty Gholar, 11700 Turtle Creek, said woodchips are a good example of why there is no recycling. Last year the wood chips were free and soon as people knew they were available the chips were picked up. Last year a for-profit organization started the process and there are mountains of wood chips unused. If a profit were not made on recyclables, more people would be willing to purchase the recyclables. Freddie Peters Freddie Peters, 9246 North Greenwich Road, said she did not want to lose the peace and serenity she currently enjoys. Ms. Peters expressed concern that the valuation of her property would be lowered. The City and County have to work together to solve the problem. Vivian Smith Vivian Smith, 10810 East 3rd, Furley, Kansas, asked who was going to cover damages to those who lost land value. Ms. Smith said she was a fourth generation resident of the area and that she resented encroachment on persons in the area. Brian Jacques Brian Jacques, 69th and Greenwich Road, asked how the sites are selected - whether there is criteria. Mr. Jacques recommended the City Council meet with the County Commission, the county residents' representatives. Council Member Ferris Council Member Ferris explained that only sites in areas designated in the CDM study were considered; and the land had to be offered. The options in question were offered on a Thursday and were immediately sent to a consultant for evaluation as to whether or not it was appropriate to consider. Ernest Mendoza Ernest Mendoza, 6825 North 127th East, said the City should think about what to do to prevent leaks and concentrate on a different method of trash disposal. John Ramsey John Ramsey, 7629 East 117th North, said his main concern was the environment issue and that he did not think every city had a landfill or a transfer station. There must be many other ways to dispose of trash. Glenda Lott Glenda Lott, 7341 North 143rd East, said much of the tension could be avoided if all were done in the open and all were included. Ms. Lott also said there is no market for recycled products because they are not promoted. Mayor Knight momentarily absent with Vice Mayor Cather in the Chair. Council Member Kamen Council Member Kamen said burning is not competitive and there are problems with burning contaminants and with ash disposal. Recycling issues are different in all areas depending on the kind of trash created. Council Member Ferris Council Member Ferris said the decision between a transfer station and a landfill will be very difficult and will be based on economic, environmental, and public impact and emotional information. It is the City's goal to gather the most information available. Mayor Knight Mayor Knight said this is a controversial issue with profound implications for a small part of the County. The situation is being presented as a win/lose situation with the City winning at others expense. There has to be a way to have a win/win situation which can be accomplished with everyone working together. Mayor Knight said he would officially invite the Sedgwick County Commission to join the City Council, En Banc, on September 9th in the City Council Chambers. On Tuesday, September 10th, the City Council will revisit the question of whether or not the Council is willing to accept a modification to allow the County to vote. There are very strong-willed, independent, highly-motivated people on both sides of the street and the only way there will be advancement is with close cooperation. Motion -- carried Knight moved that the comments be taken under advisement. Motion carried 6 to 0. (Rogers absent) KDOT FUNDING REQUESTS PROJECT FUNDING REQUESTS TO KANSAS DEPARTMENT OF TRANSPORTATION. Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-685. As a continuation of their local partnership program, the Kansas Department of Transportation (KDOT) is requesting project submittal for the KLINK Resurfacing, Geometric Improvement, and Economic Development projects. The KLINK project requests are for fiscal year 1999 (July 1, 1998 though June 30, 1999) and the Geometric and Economic Development projects are for fiscal year 2000 (July 1, 1999 through June 30, 2000). The KLINK, Geometric and Economic Development projects were developed by the Public Works Department, the City Manager's Office, and the Planning Department. Staff recommends the following projects: KLINK Resurfacing Cost 1) Street surface repairs on Kellogg (U.S. 54) from Armour to Greenwich Road $ 355,020 Geometric Improvements 1) Design for the reconstruction of the interchange of U.S. 54 Highway and Interstate Highway I- 235 $ 1,087,800 2) Add decel-turn lanes on U.S. 54 Highway between 119th Street West and Seville Road $ 79,625 Economic Development 1) Reconstruction and widening of Hoover Road north from K-42 Highway to the north drive of Cessna $ 902,212 2) Construct an additional northbound lane on K-15 Highway from 31st Street South to the I-135 on- ramp $ 252,962 3) Reconstruct Greenwich to four-lane arterial standards from U.S. 54 to Central Avenue $ 3,595,375 KDOT will participate in the cost of approved projects as follows: KDOT City KDOT % Share Share KLINK Resurfacing 1) Kellogg: Armour to Greenwich 42% $150,000 $205,020 The City share for this program comes out of street maintenance funds in the operating budget. KDOT City KDOT % Share Share Geometric Improvements 1) U.S. 54 and I-235 Intrchg (design) 74% $800,000 $287,800 2) U.S. 54: 119th to Seville Rd. 75% $ 59,718 $ 19,907 The City Share for this program would come from Local sales Tax (LST) funds in 1999; if this project is awarded by KDOT, some reprioritization of LST funds may be necessary to make the match. KDOT City KDOT % Share Share Economic Development 1) Hoover: K-42 to Cessna 75% $ 676,660 $ 225,552 2) K-15: 31st to I-135 75% $ 189,721 $ 63,241 3) Greenwich: U.S. 54 to Central 75% $2,696,531 $ 898,844 The City share for these projects would need to come from 1999 General Obligation (GO) funds; if one or more of these projects are awarded by KDOT, some reprioritization of GO funds may be necessary to make the match. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the projects be approved and staff be authorized to submit -- carried project requests to KDOT. Motion carried 6 to 0. (Rogers absent) WATER DISTRICT #8 CONTRACT AMENDMENT - RURAL WATER DISTRICT #8. Motion -- carried Knight moved that this Item be deferred two weeks. Motion carried 6 to 0. (Rogers absent) PUBLIC BUILDING COMM. AMENDMENTS TO PUBLIC BUILDING COMMISSION ORDINANCE. Gary Rebenstorf Director of Law reviewed the Item. Agenda Report No. 96-687. Charter Ordinance No. 162 was enacted in order to give the Wichita Public Building Commission (PBC) the authority to finance equipment acquisitions in which no real property is involved. Associated amendments to the applicable City's simple ordinances are needed in order to conform the City Code sections to the statutes as modified by the Charter Ordinances, and to insert references to the Charter Ordinances as the underlying authority for the City Code sections. The amendments pertain solely to a Commission with authority to issue conduit bonds, and are limited in character to those changes needed to update and conform the City Code to existing Charter Ordinances. There will be no costs to the City beyond ordinance publication costs. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the Ordinance be placed on first reading. Motion carried -- carried 6 to 0. ORDINANCE An Ordinance amending Sections 2.12.620, 2.12.630, 2.12.640, and 2.12.650 of the Code of the City of Wichita, Kansas, pertaining to the amending of said Sections in the manner set forth herein, and repealing the originals of said sections, introduced and under the rules laid over. IMPOUND VEHICLE REPORT IMPOUND VEHICLE TASK FORCE REPORT. Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-688. On April 16, 1996, the City Council requested that a Citizen Task Force be formed to examine the possibility of having mandatory impounding of vehicles for drivers who drive with a suspended license, illegal tags, or knowingly drive without insurance. The Task Force consisted of members from the community and staff representatives. The Task Force evaluated the current process of allowing an officer to use discretion to impound a vehicle when arresting a person for a violation. In addition, the Task Force reviewed the procedural steps involved in impounding a vehicle. Research was also conducted on current practices for impounding vehicles and penalties for violations in various other cities. Of the 15 cities contacted, no city had a mandatory impounding for the violations. Tulsa has a mandatory impound for suspended licenses due to drunk driving. The Task Force examined the current number of violations in the proposed categories. The following are the number of violations in 1995 and through May of 1996: Charge 1995 JAN-MAY 1996 Display of Suspended Drivers License 58 106 Driving on Suspended Drivers License 3,385 1,412 Driving on Suspended Drivers License/DUI 103 92 Illegal Tag 2,310 728 Knowingly Driving Without Insurance 1,211 510 Total: 7,067 2,848 The Task Force used the information to determine the impact mandatory impoundment would have on the Police Department resources. The following analysis was completed for the 1995 statistics: Number of Incidents = 7,067 (x 1.5 Hours for Impound) 1.5 Est officer time involved w/impound 10,600 Hours involved with impound 10,600 x $15.19 Patrol Off. avg salary w/o benefits $161,021 Staff time cost for impound Officer Timed Involved 10,600 Hours involved with impound Divided by 2,080 Annual hours for a police officer 5 No. Officers dedicated to impound Because of the significant amount of officer time involved with the mandatory impoundment, the Task Force recommended that the current policy of officer discretion on impounding be maintained. To impound all of the vehicles in 1995 would have required the staffing of an additional five full-time police officers. The Task Force did not believe the cost of the police resources involved justified the limited benefits of mandatory impoundment. The Task Force determined that one area of weakness (involved with the penalties for these offenses is the minimum) for the offense being set at less than current State penalties for some violations. The Task Force recommended the following changes in the penalties for the violations to make the penalty more of a deterrent: Charges City State Recommendation Suspended License Court Appearance & (Same) Court Appearance & $100-$500 and/or $250-$500 and/or 6 mo. in jail 6 mo. in jail 2nd Offense - 2nd Offense - 5 days in jail 5 days in jail Illegal Tags $67 Not exact comp., $200-$2,500 &/or gen. fine up to up to 30 days to $2,500, and/or 6 months in jail 30 days to 6 months in jail Knowingly Drive Court Appearance $200- $1,000 and/or $200-$1,000 and/or Without Insurance and $0-$1,000 up to 6 mo. jail up to 6 mo. in jail 2nd Offense in three years $0-$2,500 up to $2,500 up to $2,500 There is an increase in the overall amount for individual fines. Misty Bruckner City Manager's Office named the members of the Citizen Task Force. Mayor Knight left the Bench; Vice Mayor Cather in the Chair. Vice Mayor Cather Vice Mayor Cather inquired if anyone wished to be heard and no one appeared. Motion -- Kamen moved that the Ordinances be placed on first reading. Motion carried -- carried 5 to 0. (Kamen, Rogers; absent) ORDINANCE An Ordinance amending Sections 11.13.010 and 11.13.040 of the Code of the City of Wichita, Kansas, pertaining to operating or permitting the operation of an uninsured motor vehicle and the penalty therefor, and repealing the originals of said sections, introduced and under the rules laid over. ORDINANCE An Ordinance amending Section 11.38.300 pertaining to illegal tags on motor vehicles, and repealing the original of said section, introduced and under the rules laid over. ORDINANCE An Ordinance creating new Section 11.42.025 of the Code of the City of Wichita, Kansas, pertaining to unlawful acts related to driver's licenses and amending Section 11.42.030 pertaining to driving on a suspended, canceled, or revoked driver's license, and the penalty therefor, and repealing the original of said section, introduced and under the rules laid over. CONSENT AGENDA Cather moved that the Consent Agenda, including Addendum Items, except Item 17, be approved in accordance with the recommended action shown thereon. Motion carried 5 to 0. (Knight, Rogers; absent) BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED AUGUST 19, 1996. At 10:00 a.m., Friday, August 16, 1996, pursuant to advertisements published, bids were received, publicly opened, read aloud and tabulated for the Board of Bids and Contracts: (Ref: Bid analysis report attached to Board of Bids Minutes August 19, 1996) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS 1996-1997 CDBG Curb and Gutter Repair of various locations. (618009 (815001) Traffic to be maintained during construction. (Council approval date 03-19-96) District all) Barkley - $134,800.00 (Engineer's Construction Estimate) 31st Street South Circle from the east line of Metro West Industrial Park Addition to and including the cul- de-sac in Metro West Industrial Park Addition (north of 31st Street South, west of West Street). (472-82056/763862/490489) Does not affect existing traffic. (Council approval date 08-21- 90) (District IV) Ferguson - $79,687.50 Lateral 353, Southwest Interceptor Sewer to serve Northridge Lakes and Northridge Lakes 2nd Additions (east of Tyler, north of 21st Street). (468-82489/742833/480375) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 07-25-95) (District V) Utility Contractors - $127,140.00 Lateral 120, Westlink Sewer to serve Graf- Goldston and Graf-Goldston 2nd Additions (south of 21st, east of Maize). (468-82546/742783/480370) Does not affect existing traffic. (Council approval date 05-21-96) (District V) WB Carter Construction Co., Inc. - $34,331.00 Water Distribution System to serve Northridge Lakes Addition (east of Tyler, north of 21st St.). (448- 88934/733386/470416) Does not affect existing traffic. (Council approval date 07-25-95) (District V) Mies Construction Co., Inc. - $54,518.50 Water Distribution System to serve Graf- Goldston and Graf-Goldston 2nd Additions (south of 21st, east of Maize). (448-88966/733287/470406) Does not affect existing traffic. (Council approval date 05-21-96) (District V) Hopper - $28,550.00 Water Distribution System to serve Graf- Goldston 2nd Additon (south of 21st, east of Maize). (448- 88967/733295/470407) Does not affect existing traffic. (Council approval date 05-21-96) (District V) Hopper - $6,478.00 Water Distribution System to serve Lot 1, Block 1, Graf-Goldston 2nd Addition (south of 21st, east of Maize). (448-88968/733303/470408) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 05-21-96) (District V) Hopper - $5,482.00 (Negotiated to Engineer's Construction Estimate) Water Distribution System to serve part of Graf-Goldston and Graf-Goldston 2nd Additions (south of 21st, east of Maize). (448-89030/733311/470409) Does not affect existing traffic. (Council approval date 05-21-96) (District V) KC Excavating - $11,617.00 Knight moved that the contract(s) 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 for the City. Motion carried 5 to 0. (Knight, Rogers; absent) PARK AND RECREATION DEPARTMENT: GRASS SEED 1720274, 270258, 170266, 170282 AS PER SPECIFICATIONS Item #1 - Gard'N-Wise Distributors - $37,800.00 (Total Net Bid) Item #2 - Gard'N-Wise Distributors - $13,750.00 (Total Net Bid) Item #3 - Gard'N-Wise Distributors - $ 890.00 (Total Net Bid) PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS DIVISION: PARK VILLA COMMUNITY CENTER EXTERIOR RESTROOM REPAIRS AND ADA MODIFICATIONS 130823-2505 AS PER SPECIFICATIONS Original Rock Replicas - $21,171.00 (Total Net Bid) Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid. Motion carried 5 to 0. (Knight, Rogers; absent) LICENSE APPLICATIONS APPLICATIONS FOR LICENSES Adult Entertainment Norman Massey, Jr. Atlanis 4200 W. Kellogg Special Event Duane Obliander Wichita Summer NationalsRiver Bank on the bank Drag Boat Race of the Arkansas River September 14-15, 1996Lewis to Lincoln Retail Cereal Malt Beverages Renewal 1996 (Consumption on Premises) Teresa J. Roll Pizza Hut 8977 W. Central* Jesse D. Soria Cholita's Restaurant8987 W. Central* (Consumption off Premises) Roy E. Brockmeier Quik Trip #386 1010 E. Douglas Roy E. Brockmeier Quik Trip #345 4020 S. Meridian Ben J. Schultz TTE Oil Company, Inc.3935 N. Broadway Ralph McGuire Dillon Store No. 261227 South Hydraulic Ralph McGuire Dillon Store No. 10515 West Central John J. Leeker Farmers Market 2901 N. Broadway New Operator 1996 (Consumption on Premises) Kevin Raven Taco Tico 1645 E. MacArthur* Tinh Van Truong Pho Hoa 1015 N. Broadway* *General/Restaurant (more than 50% of gross revenues from sale of FOOD) Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 5 to 0. (Knight, Rogers; absent) PLANS AND SPECS. PLANS AND SPECIFICATIONS. a. 1996 Repair of Condemned Sidewalk and Wheelchair Ramp Construction, Phase III at various locations. Does not affect existing traffic. (Council approval date 08-13- 96) (District all) (132100/112-000) b. 1996 Arterial Asphalt Rehabilitation of Hydraulic, from 37th Street North to the Chisholm Creek Bridge; George Washington Boulevard, from Oliver to 31st Street South; and Oak Knoll, from Rock to Pawnne. Traffic to be carried during construction. (Council approval date 04-23-96) (District all) (472-82704/706374/405-191) c. 1995 Main Replacement Project Group D: along Dellrose from Douglas to English, Oakland from Dellrose to Oliver, and Dellrose from English to Lewis (89001); along Yale from Circle Drive to North of Kellogg, Roosevelt from Circle Drive to Lewis, and Bluff and Waterman from Lewis to Crestway (89002); along Willow from English to Fountain, and Bluff and Hammond from English to Fountain (89003); along Holyoke from Second Street to First Street, Lorraine from English to Waterman, and Victor Place from Rutan to Yale (89004); and along Rutan from Douglas to North of Kellogg, Lewis from Rutan to Vassar, Oakland from Hillside to Clifton, Oakland from Clifton to Circle Drive, English from Hillside to Rutan, English from Rutan to Clifton, and Vassar from English to Waterman (89005). Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 07-18-95) (District II) (448-89001 through 89005/634-477) d. Pawnee Prairie Park Pedestrian Bridges located at 1931 South Tyler Road. Does not affect existing traffic. (Council approval date 10-18-94) (District V) (472-82534/785402/440-071) 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., August 30, 1996. Motion carried 5 to 0. (Knight, Rogers; absent) SUBDIVISION PLANS AND SPECIFICATIONS. a. Lateral 4, Cowskin Interceptor Sewer to serve Auburn Hills 2nd Addition (south of Maple, east of 135th Street West). (468-82631/742866/480378) Does not affect existing traffic. (Council approval date 07-30-96) (District 5) b. Lateral 73, Sanitary Sewer #23 to serve The Moorings 6th Addition (west of Meridian, south of 53rd Street North). (468-82132/742775/480369) Does not affect existing traffic. (Council approval date 07-30-91) (District 6) 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., August 30, 1996. Motion carried 5 to 0. (Knight, Rogers; absent) PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. Storm Water Sewer #475 to serve Woodland Lakes Estates Addition (south of Kellogg, west of 127th Street East). Does not affect existing traffic. (Council approval date 03-05-96) (468-82581/750810/485-117) b. University from east line of Ridge to west line of Dugan right-of-way; Summitlawn from south line of Maple to south line of Lot 4, Block F, Westerlea Village; Scouller from south line of Maple to north line of Taft right- of-way; Ralstin from south line of Maple to north line of Taft right-of-way; Howe from south line of Maple to north line of Taft right-of-way; Fairhaven; Winterset from south line of Maple to north line of Taft right-of-way, and; Winterset Court from #6514 through #6524 and #424 through #443, Westerlea Village Addition (south of Maple, east of Ridge). Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 01-09-96) (472- 82667/763565/660266 490-459/561-602) c. 1996-1997 CDBG Neighborhood Improvement Program. Traffic to be maintained through construction. (Council approval date 03-19-96) (618025/815-003) Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 5 to 0. (Knight, Rogers; absent) STATEMENTS OF COST STATEMENTS OF COST. a. (Final) Lynette Woodard Roof/Floor (435-098/790675/PB-77) THIS PROJECT ALREADY CLOSED - PULLED S.O.C. b. (Final) Century II Boilers - Original Budget - $45,000.00 - Total Project cost - $26.86. Bonds to be issued at this time - $00..00. (435-154/791251/PB-131) c. (Final) Century II/Expo Hall Rooftop Deck - Original Budget - $40,000.00 - Total Project cost - $1,189.92. Bonds to be issued at this time - $1,189.92. (435- 058/790279/PB-9203) d. (Final) Rockwell Library Roof Replacement 435-105/790741/PB-9216) THIS PROJECT ALREADY CLOSED - PULLED S.O.C. e. (Final) Refurbish Library Basement (435-065/790345/PB-9268) THIS PROJECT ALREADY CLOSED - PULLED S.O.C. f. (Final) Health Department Roof - Original Budget - $80,000.00 - Total Project cost - $70,582.65 0 County Participation - $28,066.96. Bonds to be issued at this time - $42,315.69. (435-159/791301/PB-9507) Motion -- Knight moved that the Statements of Cost be approved and filed. Motion -- carried carried 5 to 0. (Knight, Rogers; absent) PETITIONS PETITIONS FOR PAVING AND SANITARY SEWER TO SERVE PEMBROOK ADDITION (EAST OF OLIVER, SOUTH OF 29TH STREET NORTH). (District I) Agenda Report No. 96-689. On April 23, 1996, the City Council approved paving and sanitary sewer petitions to serve Pembrook Addition. Based on recent bid prices, it is doubtful that the original petition amounts are high enough to award construction contracts. New petitions with increased budgets have been submitted. The signatures on the new petitions represent 100% of the improvement district. The original petitions totaled $337,000. The new petitions total $390,000. The funding source is Special Assessments. Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted. -- carried Motion carried 5 to 0. (Knight, Rogers; absent) RESOLUTION NO. R-96- 325 Resolution of findings of advisability and Resolution authorizing construction of Lateral 71, Main 5, Sanitary Sewer No. 23 (east of Oliver, South of 29th Street North), Project No. 468-82593 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 5 to 0. (Knight, Rogers; absent) Yeas: Cather, Cole, Ferris, Gale, Kamen. RESOLUTION NO. R-96- 326 Resolution of findings of advisability and Resolution authorizing improving of Battin, from the north line of Lot 22, Block 1, Pembrook Addition, to the south line of Lot 7, Block 2, Pembrook Second Addition; Battin Court, from the west line of Battin to and including the cul-de-sac, serving Lots 22 through 40, Block 1, Pembrook Addition, and from the west line of Battin to and including the cul-de-sac, serving Lots 4 through 10, Block 1, Pembrook Second Addition; and sidewalk on the east side of Battin, Project No. 472-82705 (east of Oliver, south of 29th Street North) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 5 to 0. (Knight, Rogers; absent) Yeas: Cather, Cole, Ferris, Gale, Kamen. BOARDS MINUTES MINUTES OF ADVISORY BOARDS. CPO Coordinating Board, 8/7/96 CPO Southeast Council 3, 8/8/96 CPO Southwest Council 4, 7/25/96 Sister Cities Advisory Board, 6/7/96 Wichita/Sedgwick County Emergency Communications Advisory Board, 7/18/96 Wichita/Sedgwick County Board of Health, 8/2/96 Board of Code Standards and Appeals, 8/5/96 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 5 to 0. (Knight, Rogers; absent) STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. There were no street closures considered. AGREEMENTS SUPPLEMENTAL AGREEMENT FOR CONSTRUCTION ENGINEERING FOR RAISING SANITARY SEWER MANHOLES. (District II) Agenda Report No. 96-690. On February 15, 1994, the City Council approved an agreement with George Butler Associates, Inc. (GBA) to study, make recommendations and prepare specifications for proposed maintenance work and improvements to the sanitary sewer system. The design agreement with GBA required GBA to provide construction engineering services if requested by the City. Based on recommendations and specifications from GBA, the City will take bids August 23, 1996, for raising 110 manhole lids in the area generally bounded by Harry, Central, Woodlawn, and Webb Road. Raising the manholes will help City crews address maintenance problems by making the manholes more accessible. Currently, these manholes are buried and difficult to locate and enter. The City's construction and inspection crews current work load does not allow sufficient staff time to administer this project. Staff recommends approval of a Supplemental Agreement with GBA to provide the construction engineering for the project. Payment to GBA for the number of days allowed in the construction contract will be made on a lump sum basis not to exceed $15,000. Payment to GBA for each additional day ($500 per day) inspection services are required will be made on a per diem basis not to exceed $5,000. The funding source is Sewer Utility, CIP Project S-4, with a budget authority for this project of $100,000. Motion -- Knight moved that the Supp. Agreement be approved and the Mayor be authorized -- carried to execute. Motion carried 5 to 0. (Knight, Rogers; absent) SUPPLEMENTAL AGREEMENT FOR EXTENSION OF WATER MAIN ON MERIDIAN FROM 51ST TO RIO VISTA. (District VI) Agenda Report No. 96-691. On November 21, 1995, the City Council approved an Agreement with Mid-Kansas Engineering Consultants, Inc. (MKEC) to design a 12-inch water main in Meridian from the existing 12-inch water main at the North City limits to 51st Street North. On July 16, 1996, the City Council approved a petition for a water distribution system to serve Rio Vista Estates which is north of 57th Street North. The Water Department has requested that MKEC prepare plans for the extension of the water line in Meridian from 51st to Rio Vista to supply water to the petitioned line. Payment to MKEC will be made on a lump sum basis not to exceed $36,000 and will be paid from Water Utility funds available in the 1996 Capital Improvement Program (CIP No. W-65). Motion -- Knight moved that the Supp. Agreement be approved and the Mayor be authorized -- carried to execute. Motion carried 5 to 0. (Knight, Rogers; absent) AGREEMENT WITH VETERANS ADMINISTRATION FOR KELLOGG/OLIVER RIGHT OF WAY. (District II) Agenda Report No. 96-692. In June 1990, the Kansas Department of Transportation (KDOT) selected the Kellogg/Oliver Interchange as a System Enhancement Project. The project's design requires the south 185 feet of the Veterans Hospital site as highway right of way. The Agreement provides for the transfer of the required land to the City. The City will pay the Department of Veterans Affairs $250,000 to remodel existing facilities to accommodate activities that will be transferred from Building 8. Building 8 is located at the southeast corner of the site and will be demolished. Additionally, the City will be responsible for the following: * Replace the existing landscaping that will be removed because of the highway construction. This landscaping work will be done this fall so the new trees will have an establishment period before the existing trees are removed. * Reconstruct the wraparound brick wall at the southeast corner of the site. * Replace the portion of Building 30 (equipment shed) which will be removed. * Replace existing parking that will be removed due to highway construction. * Allow the State Historical Preservation Officer to salvage desirable elements of Building 8 as it is demolished. * Salvage and stockpile the clay roof tiles from Building 8. * Relocate the World War I Monument at Kellogg and Bleckley onto the VA grounds. Develop and implement a landscaping plan for the new Monument site. The cost of these measures is included in the existing project budget (CIP #F-37). Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 5 to 0. (Knight, Rogers; absent) (Item No. 17) RETURNED CHECK COLLECT. COLLECTION OF RETURNED CHECK SERVICES - SELECTION OF VENDOR. Agenda Report No. 96-693. The City's check collections have been serviced by Universal Credit Services for the past three years at a rate of 22 percent of the gross amount (face amount of check plus the $30 returned check fee) of the checks under $135 and a flat fee of $30 for checks over $135. A Request for Proposal for check collection services was sent and six vendors responded. Recheck offered to collect all returned checks for $25 each as opposed to a percentage of the gross amount. The City will receive the face amount of the check plus $5 from the returned check fee of $30. The fee structure provides an incentive to collect all returned checks from $10 to $1,000 because they are equally compensated. Under a percentage basis, there would be little incentive to collect a smaller check because the fee would be minimal. The City forwards approximately 1,500 returned checks annually at an average dollar amount of $90 per check. Based on an average check amount of $90 (excluding service charges), financial advantage to the City would be a collection fee of $25 per check versus a percentage basis. The contract is for a one year period (September 1, 1996, through August 31, 1997) with a one year extension if satisfactory to both parties, and is subject to annual review under the cash basis law. Mayor Knight present; Vice Mayor in the Chair. Chris Cherches City Manager said the contract time period should be reduced to one year with a one-year option for a total of two years. Motion -- Ferris moved that the selection of Recheck be approved; and the Contract, with the change to one year with a one-year option for a total of two years, be -- carried approved and the Mayor be authorized to sign. Motion carried 6 to 0. (Rogers absent) (Mayor Knight absent) EMERGENCY SHELTER EMERGENCY SHELTER GRANT CONTRACT AMENDMENT. Agenda Report No. 96-694. On March 26, 1996, the City Council approved a contract with Inter-Faith Ministries of Wichita which provided partial funding for rehabilitation of Inter-Faith Inn at 320 E. Central. The Kansas Emergency Shelter Grant Program (KESGP) funds for this contract were provided by the Kansas Department of Commerce & Housing. In order to successfully coordinate the rehabilitation project and close-out the contract, Inter-Faith Ministries requested the contract be extended by two months. The Kansas Department of Commerce & Housing has authorized an extension of the project termination date and the contact amendment being brought before the Council would accomplish such an extension. The contract amendment before the Council extends the KESGP contract with Inter-Faith Ministries by two months and makes Inter-Faith Ministries responsible for selection of a general contractor and vendor(s) to undertake renovation and supply construction materials. No other contract provisions are changed. The maximum amount for the Inter-Faith Ministries contract remains at $35,000. These State of Kansas pass through federal funds are available under the Stewart B. McKinney Homeless Assistance Act and the contract obligates no general fund moneys. Motion -- Knight moved that the Contract Amend. be approved and the Mayor be authorized to -- carried execute. Motion carried 5 to 0. (Knight, Rogers; absent) INTERSECTION 1996 INTERSECTION RECONSTRUCTION PROGRAM: MAPLE/SENECA, PAWNEE/OLIVER AND RECONSTRUCTION PROGRAM 13TH/WACO INTERSECTIONS. (Districts III and VI). Agenda Report No. 96-695. On January 23, 1996, the City Council approved the 1996 Intersection Reconstruction Program (CIP Project No. MS-412, Page 42). The Kansas Department of Transportation (KDOT) has since advised that three City inter- sections, Maple/Seneca, Pawnee/Oliver and 13th/Waco, are eligible for partial state and federal funding. The intersection of 13th/Waco is already included in the 1996 program. It is proposed that the program be modified to accommodate design and right-of-way expenses for the remaining two intersections. The Maple and Seneca improvement provides left turn lanes at all four approaches to the intersection. The Pawnee and Oliver improvement provides for left turn lanes on Oliver at Pawnee. The design expenses will be funded from the previously approved budget. In order to utilize available federal funding for the intersections of 13th/Waco and Maple/Seneca, KDOT has scheduled bid openings for these two intersections in mid-1997. Although a portion of the funds in the City's 1996 CIP project was designated for design and right-of-way expenses for the intersection project at 13th/Waco, no funds were specifically identified for design and right-of-way expenses for the intersection of Maple/Seneca, nor were funds specifically identified in either the 1996 or 1997 programs for construction of these two projects. Once accurate construction cost estimates are available, it may be necessary for staff to recommend modifications in the 1997 CIP to provide for the City's share of right-of-way and construction expenses in 1997. Motion -- Knight moved that the project be approved and the Ordinance be placed on first reading; and the Staff Screening and Selection Committee be authorized to select -- carried a design engineer. Motion carried 5 to 0. (Knight, Rogers; absent) ORDINANCE An Ordinance declaring Harry & Edgemoor, Harry & West, Lincoln & Woodlawn, 47th & Emporia, 2nd/3rd & Broadway, 13th & Waco, 13th & Broadway, Lincoln & Edgemoor, Pawnee & Oliver, and Seneca & Maple (1996 Intersection Reconstruction Program) (472-82668), to be main trafficways 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, introduced and under the rules laid over. NEIGHBORHOOD CENTER NEIGHBORHOOD CENTER FUNDING. Agenda Report No. 96-696. The Colvin Elementary School/Community Center was established as the City's first Neighborhood Center in August of 1995. The purpose of the Neighborhood Center is to utilize school/community facilities before and after school to provide community education classes as well as other programs and services to address the needs of neighborhood residents. The City hired a Neighborhood Center Coordinator to develop and coordinate needed programs and services at the Colvin location. A grant from the Bureau of Justice Assistance Comprehensive Communities Program was awarded to the City to initially fund the program. The City received a Comprehensive Communities Grant in the amount of $50,953 to fund the Neighborhood Center at Colvin Elementary/Community Center. Grant funds were used to support personnel costs for the Neighborhood Center Coordinator and related office expenses. The grant funds for the program have expired and local resources were allocated to continue the program and must now be transferred into the appropriate line items to be expended. The Neighborhood Center Program will require a budget of $19,510 to continue the program through the remainder of 1996. Funds are available in the Neighborhood Initiative/Centers non-departmental account. Motion -- carried Knight moved that the budget transfer be authorized. Motion carried 5 to 0. (Knight, Rogers; absent) PARKING LOT LEASE LEASE OF PARKING LOT AT SOUTHWEST CORNER OF WACO AND CENTRAL TO SEDGWICK COUNTY. (District VI). Agenda Report No. 96-697. The pending expansion of the Sedgwick County Adult Detention Facility is going to eliminate many of the surface parking spaces currently utilized by employees of Sedgwick County. The City of Wichita owns a parking lot at the Southwest corner of Waco and Central that is used for employee parking. This lot has approximately 140 spaces. Since the opening of the new City Hall parking garage, utilization of this lot has largely ceased. The County has asked if they could utilize this lot during the period from the start of jail construction until the completion of the expansion of their own parking facility. A lease has been prepared between the City and the County whereby the County will utilize the parking lot and be responsible for all routine maintenance, utilities, etc. This lease will relieve the City of utility and maintenance costs for this parking lot during the term of the lease. Utility costs averaged $277 per month in 1995. Motion -- Knight moved that the Lease Agreement be approved and the Mayor be authorized to -- carried sign. Motion carried 5 to 0. (Knight, Rogers; absent) BIOSOLIDS STORAGE BIOSOLIDS STORAGE FACILITY - CHANGE ORDER #1 Agenda Report No. 96-698. The Biosolids Treatment and Management Plan improvements are administered under three contracts, with Dondlinger & Sons as the low bidder for Contract 3 (storage and distribution facility) improvements at $3,406,000. The storage and distribution facility is scheduled for substantial completion on September 28, 1996. Change Order No. 1, for -$27,271.00, is a deduction or added value to the City. Sufficient funds remain in CIP S-500, approved by Council on February 7, 1995, to cover the cost of the work. Motion -- Knight moved that the change order be approved and the Mayor be authorized to -- carried sign. Motion carried 5 to 0. (Knight, Rogers; absent) PC TRAINING PC TRAINING CONTRACT. Agenda Report No. 96-699. The MIS Strategic Plan approved by the City Council recommends that the City migrate existing computer systems to client/server technology. In order to gain a better understanding of the tasks involved in a migration strategy for office automation, several City offices took part in a client/server pilot project. The project encompassed the integration of word-processing and electronic spreadsheet software with electronic messaging (Teamlinks). Wichita Area Technical College (WATC) conducted training classes in Word Perfect and Lotus while Data Center staff trained users in Windows and Teamlinks. The client/server office automation pilot project involved 35 system users. There will be approximately 500 users who utilize the current terminal based office automation system that will need training as the City migrates to a client/server environment. Two private companies and the Wichita Area Technical College were evaluated on their training cost per user and follow-up support. Costs varied from $28,500 to $95,000. The Wichita Area Technical College proposal provided training at the lowest cost. The City pays for services on a per person basis with the total cost not exceeding $28,500. A contract with Wichita Area Technical College provides an opportunity for the City to partner with the Wichita Public School system and, at the same time, provide on- site training for the migration to client/server technology. The contract provides for training services through June 1997 at which time the contract will need to be re-negotiated for any future services. Funding will come from moneys set aside for equipment replacement and migration to office automation client/server technology. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 5 to 0. (Knight, Rogers; absent) PROPERTY ACQUISITIONS PAYMENT OF APPRAISER'S AWARD, FEES AND COSTS - EAST KELLOGG EMINENT DOMAIN. Agenda Report No. 96-700. On April 5, 1996, the Council authorized acquisition by eminent domain of three tracts needed for the planned improvements to East Kellogg from Bluff to Edgemoor. The properties are the Scotch & Sirloin Restaurant, Bud Roat Amoco, and an apartment building at 4313 East Kellogg. Negotiations with the owners for purchase of their interest was unsuccessful. On May 28, 1996, an eminent domain action was filed in the District Court. That proceeding was concluded with the filing of the appraisers' report on August 9, 1996. The appraisers' award for the taking is $2,096,000. In addition, the court awarded the three appraisers the sum of $4,500 each for appraisers' fees. Court costs are to be paid by the City in the amount of $66.50. If the City wishes to acquire the property, payment must made to the Clerk of the District Court in the sum of $2,109,566.50 on or before September 9, 1996. The cost of acquiring the property will be financed by the City out of existing funds allocated for the property acquisitions for the East Kellogg Project. Motion -- Knight moved that payment to the Clerk of the District Court be authorized. -- carried Motion carried 5 to 0. (Knight, Rogers; absent) PROPERTY ACQUISITION OF 460 S. OLIVER (TRACT #17) FOR THE EAST KELLOGG/OLIVER IMPROVEMENT PROJECT. (District II) Agenda Report No. 96-701. The East Kellogg/Oliver Improvement Project received final approval and findings of no significant impact on all historic and environmental issues from the Federal Government in September 1995, and the City was given permission to begin active acquisition in the corridor. At the time of the granting of permission, there were 54 tracts not under contract. Council approved the hiring of Land Acquisitions, Inc. to negotiate the remaining property acquisitions and relocations. One of the parcels to be acquired is located at 460 South Oliver (Lots 12, 14 and 16 and the North 15 feet of Lot 10 in Highland View Addition to Wichita) and is and is owned by Marguerite Nicolay. The property has 12,375 square feet of land and is improved with a 1,188 square foot Dairy Queen. The real property and equipment was appraised at $267,630 and the review appraiser concurred with this value. This amount was offered to the owner. In addition, the franchise agreement for this site is an old one which grants an exclusive area to the franchisee. Dairy Queen has indicated that they would not allow the franchise to be sold separate from the business. A negotiated price of $382,250 was arrived at for the real property, equipment and franchise agreement. As this acquisition has been approved as part of the Kellogg/Oliver Interchange Project, Federal funds will be available to offset 80% of the the transaction cost. The subject tract was approved for condemnation but continued negotiations proved successful. Funds have been budgeted in the 1994 Capital Improvement Program. The funding source will be General Obligation bonds paid by local sales tax revenues. A budget of $409,250 includes: $382,250 for acquisition, $5,000 for eventual demolition, $20,000 for relocation and $2,000 for closing costs, title insurance, etc. Council action has approved $17,781,134 of Local Sales Tax for right-of-way acquisition for this project. There is also $8,820,000 of Federal funds earmarked for acquisitions on an 80%/20% basis for a total budget of $26,601,134. The total project encompasses 75 acquisitions. Excluding pending Council action, 44 parcels have been acquired, five are under contract, and the rest are in condemnation. Total expenditures to date total $9,632,460. An additional $1,647,954 has been approved for a total encumbrance of $10,471,219. Motion -- Knight moved that the budget be approved; the Contract be approved; and the Mayor -- carried be authorized to sign the necessary documents. Motion carried 5 to 0. (Knight, Rogers; absent) CONDEMNATIONS REPAIR OR REMOVAL OF DANGEROUS AND UNSAFE STRUCTURES. Agenda Report No. 96-702. On August 5, 1996, the Board of Code Standards (BCSA) held a hearing on the following four (4) properties. These properties are considered dangerous and unsafe structures, and are being presented to schedule a condemnation hearing before the Governing Body. Improvement notices have been issued on these structures, however, compliance has not been achieved. Pre- condemnation and formal condemnation letters were issued and the time granted has expired. No action has been taken to repair or remove the following properties. Property Address Council District (1) 531 N. Young 4 (2) 2045 E. 9th 1 (3) 1110 W. 23rd N. 6 (4) 2045 S. Waco 3 These structures have defects that under Ordinance No. 28-251 of the Code of the City of Wichita, shall cause them to be deemed as dangerous and unsafe buildings, as required by State Statute for condemnation and consideration. Motion -- Knight moved that the resolutions placing the matter on the Agenda for a Hearing -- carried before the Governing Body on October 1, 1996, be adopted. Motion carried 5 to 0. (Knight, Rogers; absent) RESOLUTION NO. R-96- 321 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lot 6, Block 4, Orchard Park Addition to Wichita, Sedgwick County, Kansas, known as 531 North Young in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 5 to 0. (Knight, Rogers; absent) Yeas: Cather, Cole, Ferris, Gale, Kamen. RESOLUTION NO. R-96- 332 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lot 8, Block 2, Parkmore Addition to Wichita, Sedgwick County, Kansas, known as 2045 East 9th in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 5 to 0. (Knight, Rogers; absent) Yeas: Cather, Cole, Ferris, Gale, Kamen. RESOLUTION NO. R-96- 323 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: the west half of a tract beginning 29.52 feet west and 28 feet and 8 inches north of the southeast corner of the northwest quarter of the southwest quarter of Section 5, Township 27 South, Range 1 East of the 6th Principal Meridian, Sedgwick County, Kansas, thence north 100 feet, thence west 300 feet, thence south 100 feet, thence east to the place of beginning, known as 1110 West 23rd North in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 5 to 0. (Knight, Rogers; absent) Yeas: Cather, Cole, Ferris, Gale, Kamen. RESOLUTION NO. R-96- 324 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lots 74 and 76, on Waco Avenue, in English's Ninth Addition to Wichita, Sedgwick County, Kansas, known as 2045 South Waco in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 5 to 0. (Knight, Rogers; absent) Yeas: Cather, Cole, Ferris, Gale, Kamen. ADDENDUM ITEM 25a POLICE P&E FACILITY RELOCATION OF POLICE PROPERTY AND EVIDENCE FACILITY. Agenda Report No. 96-708. The Police Department's Property & Evidence Facility is currently located at 720 W. 2nd Street. The current facility is scheduled for immediate demolition as a part of the McLean Boulevard relocation project. In order to allow the McLean Boulevard relocation project to continue, the Property & Evidence Facility must be relocated. The Property & Evidence facility needs to be located in close proximity to the court facilities to maintain operational efficiency associated with staff time required for evidence transportation. The Police Department studied seven (7) facilities as possible locations for the Property & Evidence facility and selected the City-owned building at 740 W. 2nd Street for two main reasons. First, the City already owns the building, and each of the other facilities would require the City to purchase a building at a cost of $250,000 or more. Second, the facility at 740 W. 2nd Street requires no more modifications than any other facility studied and provides the ability for a possible future expansion. The cost of relocation is estimated at $6,500 (excluding personnel costs), and the relocation expenses will be covered by the Police Department's existing budget. The Police Department is currently studying the possibility of modifying and expanding the facility to improve its operational efficiency, which may result in a request to initiate a capital improvement project in the amount of $250,000. Motion -- Knight moved that the Police Department be authorized to relocate its Property & Evidence Facility to City-owned property at 740 W. 2nd Street. Motion carried -- carried 5 to 0. (Knight, Rogers; absent) ADDENDUM ITEM 25b MENTAL HEALTH - HOME MENTAL HEALTH ASSOCIATION REQUEST FOR HOME COMMUNITY HOUSING DEVELOPMENT FUNDS ORGANIZATION (CHDO) FUNDS. Agenda Report No. 96-709. The Mental Health Association (MHA) purchased property located at 23rd and North Pinecrest on February 27, 1996, from Intrust Bank for $1 for the land and $27,478.65 to cover the cost of 1992-1995 specials, interest on the property, and appraisal. The bank paid all outstanding taxes that were due. The total cost to prepay the remaining specials was $36,406.98. MHA requested funds through the HOME program and on July 11, 1995, the City Council approved a request for HOME funds of $46,000 from the FY 1994 HOME program to assist with the purchase of the property. MHA has been awarded $1.2 million in project subsidies by HUD and has contributed $12,000 of its funds towards the project. MHA has requested $17,434.63 in additional HOME funds to pay off the remaining special fees. This additional funding would bring the total funding from the City for the project up to $63,434.63. The cost per unit is $2,643.11. HUD requires the property be free and clear of specials. The construction contract has been bid and awarded. HUD is ready to release the $1.2 million once all special assessments are paid in full. Additional HOME funds may be allocated from FY 1995 HOME Funds and 1995 and 1996 HOME Program Income. Motion -- Knight moved that the request for HOME funds in the amount of $17,434.63 be approved; staff be authorized to amend HOME Program Descriptions for years 1995 and 1996; and the existing contract amount be amended and the Mayor be authorized -- carried to sign. Motion carried 5 to 0. (Knight, Rogers; absent) ADDENDUM ITEM 25c LABORATORY SERVICES AMENDMENT TO LABORATORY SERVICES CONTRACT. Agenda Report No. 96-657 A. A contract for laboratory services with Continental Analytical Services, Inc., of Salina, Kansas, has existed since January 2, 1992. In January 1996, a request for proposals were evaluated resulting in the recommendation of Continental Analytical Services, Inc. to be the contract laboratory for the Health Department and the Water and Sewer Department. On August 6, 1996, the City Council approved a two-year contract with a three, one-year renewal option on the Laboratory Services Contract. The contract has been amended to be a one- year contract with renewal conditions for one additional one- year period. The shorter-term commitment is believed to be the preferable option for the City. Total annual costs will vary with the number of samples which may be required. Motion -- Knight moved that the Contract, as amended, be approved and the Mayor be -- carried authorized to execute. Motion carried 5 to 0. (Knight, Rogers; absent) ORDINANCES SECOND READING ORDINANCES. (First read August 13, 1996) ORDINANCE NO. 43-195 NIC Redevelopment An Ordinance adopting a redevelopment plan for a redevelopment project located within The North Industrial Corridor Redevelopment District, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Knight, Rogers; absent) Yeas: Cather, Cole, Ferris, Gale, Kamen. ORDINANCE NO. 43-196 Parking Ordinance An Ordinance amending Sections 11.52.090, 11.68.010, 11.68.020, 11.68.110, and 11.97.050 of the Code of the City of Wichita, Kansas, pertaining to parking in municipal parking garage and a certain parking lot -- permit parking, establishment of parking meter zones, installation of meters and marking of spaces, overtime parking and parking meter zones, and repealing the original of said sections, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Knight, Rogers; absent) Yeas: Cather, Cole, Ferris, Gale, Kamen. ORDINANCE NO. 43-197 Eminent Domain An Ordinance providing for the acquisition by eminent domain of certain private property, easements, and right-of-way therein, for the East Kellogg Water Main Extension project in the City of Wichita, Sedgwick County, Kansas; designating the lands required for such purposes and directing the City Attorney to file a petition in the District Court of Sedgwick County, Kansas, for acquisition of the lands, easements, and access control, therein taken and providing for payment of the cost thereof, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Knight, Rogers; absent) Yeas: Cather, Cole, Ferris, Gale, Kamen. (Mayor Knight present) PLANNING AGENDA S/D 96-16 S/D 96-16 - PLAT OF THE HARRISON PARK 2ND ADDITION LOCATED EAST OF WEBB AND NORTH OF LINCOLN. (District II) Agenda Report No. 96-703. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. (9-1) Petitions, all 100%, have been submitted for sanitary sewer, municipal water, drainage and paving improvements. A Certificate of Petitions has also been submitted. In order to provide for the ownership and maintenance of Reserves, the applicant has submitted a restrictive covenant. To provide for off-street parking, for lots adjacent to narrow streets, this covenant also requires that four (4) off-street spaces be provided for each such lot. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. The negative Planning Commission vote was in regard to concern with both the excessive lengths of the culs-de-sac being platted but also with the unimaginative design due to the exclusive use of such streets by this subdivision. Documents Certificate and Restrictive Covenant from Stephen Miller. Water 100 Percent Petition for construction of Water Distribution System Number 448-89072 (east of Webb, north of Lincoln) $43,000 S.A. (Hold for development) Water 100 Percent Petition for construction of Water Distribution System Number 448-89073 (east of Webb, north of Lincoln) $131,000 S.A. (Hold for development) Storm Sewer 100 Percent Petition construction of Storm Water Sewer No. 478 (east of Webb, north of Lincoln) $49,000 S.A. (Hold for development) Paving 100 Percent Petition for improving of Morris from the west line of Todd to the east line of Lot 125, Block 1, Harrison Park Second Addition, and; Todd Circle from the north line of Todd to and including cul-de-sac, Project No. 472-82760 (east of Webb, north of Lincoln) $155,000 S.A. (Hold for development) Paving 100 Percent Petition for improving of Goebel Circle/Morris from the cul-de-sac to the west line of Todd; Red Oaks Circle from the north line of Morris to and including cul-de-sac; Crenbrook Circle from the north line of Morris to and including cul-de- sac, and; Lindberg Circle from the north line of Morris to and including cul-de-sac, Project No. 472-82761 (east of Webb, north of Lincoln) $401,000 S.A. (Hold for development) Motion -- Kamen moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 6 to 0. (Rogers absent) RESOLUTION NO. R-96- 327 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89072 (east of Webb, north of Lincoln) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Kamen moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96- 328 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89073 (east of Webb, north of Lincoln) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Kamen moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96- 329 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Sewer No. 478 (east of Webb, north of Lincoln) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Kamen moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96- 330 Resolution of findings of advisability and Resolution authorizing improving of Morris from the west line of Todd to the east line of Lot 125, Block 1, Harrison Park Second Addition, and; Todd Circle from the north line of Todd to and including cul-de-sac, Project No. 472-82760 (east of Webb, north of Lincoln) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Kamen moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96- 331 Resolution of findings of advisability and Resolution authorizing improving of Goebel Circle/Morris from the cul-de-sac to the west line of Todd; Red Oaks Circle from the north line of Morris to and including cul-de-sac; Crenbrook Circle from the north line of Morris to and including cul-de- sac, and; Lindberg Circle from the north line of Morris to and including cul-de-sac, Project No. 472-82761 (east of Webb, north of Lincoln) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Kamen moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. V-1976 PUBLIC HEARING V-1976 - REQUEST TO VACATE A BUILDING SETBACK LOCATED IN AN AREA SOUTH OF CENTRAL AND EAST OF MAIZE ROAD. (District V) Agenda Report No. 96-704. Staff Recommendation: Approve vacation of a building setback. MAPC Recommendation: Approve vacation of a building setback. (unanimous) The applicant, Westlink Church of Christ, desires to vacate a 10-foot portion of a 30- foot platted building setback adjacent to Crestline in order to construct an addition onto the existing church building on the site. Since the site is currently accessed only from Crestline and Valley View the Planning Commission required and the applicant has provided complete access control to Central Avenue. No objections have been received from nearby property owners. City Engineering and the utility representatives of the Subdivision Committee indicated that no utilities are impacted by the vacation. The vacation request has been reviewed and approved by the Planning Commission, subject to conditions. Dedication Dedication of Abutter's Access Rights from the Westlink Church of Christ, for Lot 12, Block 3, Westlink Village Fourth Addition. 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 Dedication be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order and the Dedication be recorded with the Register of -- carried Deeds. Motion carried 6 to 0. (Rogers absent) V-1982 PUBLIC HEARING V-1982 - REQUEST TO VACATE A BUILDING SETBACK LOCATED IN AN AREA SOUTH OF MAPLE AND WEST OF TYLER. (District V) Agenda Report No. 96-705. Staff Recommendation: Approve vacation of building setback. MAPC Recommendation: Approve vacation of building setback. (unanimous) The applicant desires to vacate a portion of a platted building setback in order to clear the title of the property for an encroachment. An accessory structure was constructed assuming a 15-foot building setback from Callahan when the property (corner lot) had been platted with 30-foot building setbacks from Callahan and Cheryl. The applicants property was also platted with only 8 feet (half of a 16 foot easement) or two feet less than the standard easement when sanitary sewer lines are involved. Therefore, the applicant has provided an additional easement of two feet along the existing easement. No objections have been received from nearby property owners. No utilities or other public facilities will be impacted by the vacation. The vacation request has been reviewed and approved by the Planning Commission, subject to conditions. Easement Easement from Mervin and Opalea Cyr for the NW 2 feet of the SE 10 feet of Lot 1, Block L, Callahan Addition. 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 6 to 0. (Rogers absent) Z-3204 Z-3204 - ZONE CHANGE FROM 'TF-3' TWO FAMILY RESIDENTIAL TO 'LC' LIMITED COMMERCIAL AND DP-183 - AMENDMENT #3 TO THE DAVIS-MOORE COMMERCIAL COMMUNITY UNIT PLAN TO PERMIT EXPANSION OF AUTOMOTIVE DEALERSHIP (PARKING AREA). (District II) Agenda Report No. 96-706. MAPC Recommendation: Approve, subject to conditions. (11-0). Staff Recommendation: Approve, subject to conditions. CPO Recommendation: (CPO #2) Approve. (7- 0). The applicant requests a zone change from the 'TF-3' Two-Family Residential to 'LC' Limited Commercial for Lot 18, Drivers Addition (542 S. Lightner Dr.), located south of Kellogg on the east side of Lightner Drive. The applicant also requests an amendment to the Davis- Moore Community Unit Plan to add the lot proposed for rezoning to the CUP. The zone change and CUP amendment are requested to allow for an expansion of the Davis-Moore automotive dealership. The subject property is currently developed with a single family home and is bordered by the Davis- Moore service center to the north, a parking lot for the automotive dealership and a single family home to the east, single family homes to the south, and a duplex and single family homes to the west. The existing single family home has a garage and driveway that enters from Lightner. The applicant indicates that the existing single family home will be removed and the lot will be used as a parking area for employees of the auto complex. The existing CUP requires 60 feet of complete access control along Lightner to the north and a 10' by 60' landscape planting strip at the south side of the CUP along Lightner Drive (directly north of the subject property), as well as a wood fence between the auto dealership and adjacent residential properties. As part of the CUP amendment, the applicant is requesting one point of access to the proposed parking lot (Lot 18) from Lightner. The CUP amendment would move the screening requirements (i.e. wood fence) to the south side of Lot 18, maintain the existing access controls north of Lot 18, maintain the requirement for the landscape planting strip north of Lot 18, and establish a required planting strip along Lightner on Lot 18. The planting strip would be installed when any improvements are initiated on that lot. During the Planning Commission's discussion of this matter, questions concerning access to the proposed parking lot were raised by several Commissioners. Also raised were questions concerning the lighting restrictions on the expanded area of the auto complex. The public voiced their concerns over the expansion of the auto dealer closer to their neighborhood and thereby decreasing their value of their property. After discussion, the MAPC voted (11-0) to approve the request as recommended by staff. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Kamen moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC be approved, subject to the recommended conditions, and the Ordinance be placed on first reading. Motion carried -- carried 6 to 0. (Rogers absent) 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-3204 A 96-20 A-96-20 - REQUEST FOR ANNEXATION OF PROPERTY ADJOINING THE CITY AND GENERALLY LOCATED 400 FEET SOUTH OF 21ST STREET NORTH AND WEST OF RIDGE ROAD. Agenda Report No. 96-707. Dwayne F. Chew, Diane R. MacNair, and Richard D. Robertson have requested that property under their ownership be annexed into the City of Wichita. This request is scheduled for consideration by the Wichita City Council during the August 20, 1996 City Council meeting. The tract of land is approximately 2.23 acres in size. A final plat was approved by City Council on August 13, 1996. Currently, there are three single-family residences located on each of the three lots. Property owners have indicated that the property will be used for a commercial building. The property is located 400 feet south of 21st Street North and west of Ridge Road. The southern 1/3 of the property is zoned "SF-20" single-family district under the new Wichita- Sedgwick County Unified Zoning Code, and will convert to the City's "SF- 6" single-family district on annexation. The property owners have received approval from the Board of County Commissioners to rezone the "SF-20" single-family district to "LC" limited commercial district. Upon annexation, and after the plat has been recorded, the ordinance enacting the "LC" limited commercial district can be approved. The north 2/3 of the property is zoned "LC" limited commercial and will remain the same after it is annexed into the City. The "LC" limited commercial district will accommodate the proposed use of the property. The City Engineer's office indicates that city water lines are in the area. Property owners will have to extend an 8 inch main from Ridge Road to serve the lots. Sewer services are also available in back of the lots. Two of the lots are already tied into the sewer line. The remaining lot will require an extension (depending upon the direction in which the property owners wish to proceed). Ridge Road between 13th and 21st Streets are currently under construction projected to a five-lane urban standard, which will accommodate traffic from this parcel and the surrounding area. The Wichita Fire Department indicates fire protection can be extended to the requested annexation area within a 4 minute response time from City Fire Station No. 16, located at 1632 North Tyler Road. Upon annexation, police protection will be provided to the area by the officers and equipment of the Patrol West Division of the Wichita Police Department serving the western portion of the City. This property is located within the urban growth area of the City of Wichita as delineated by the comprehensive plan for the metropolitan area, and is also inside the Policy 32 urban service area. The property is located within an area that can be served with the extension of water and sewer services. The property owners will be responsible for the cost of connecting to water and sewer when the service is requested. On the basis of the foregoing information, it is concluded that the annexation of the property in question will not result in an extraordinary expense to the City-at- large. The property is eligible for annexation under K.S.A. 12-520 (7) of State Law. A pending sales closing date and building permit application necessitates the expedited handling of the ordinance. Motion -- Ferris moved that the annexation request be approved; the Declaration of Emergency be approved and the Mayor be authorized to sign; and the Ordinance be placed on its passage and adopted on the date of its introduction, all in -- carried accordance with K.S.A. 12-3001. Motion carried 6 to 0. (Rogers absent) ORDINANCE NO. 43-194 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. Ferris moved that the Ordinance be placed on its passage and adopted on the date of its introduction, all in accordance with K.S.A. 12-3001. Motion carried 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. A 96-20 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 litigation, potential litigation, and legal advice; preliminary discussions relating to the acquisition of real property for public purposes; and the regular meeting be resumed no later than 12:45 p.m. in -- carried the City Council Chambers. Motion carried 6 to 0. (Rogers absent) RECESS Council recessed at 11:47 a.m. and reconvened in regular session at 12:45 p.m. Mayor Knight Mayor Knight announced that, as a result of the executive session the following action would be taken: RAILROAD MERGER UNION PACIFIC AND SOUTHERN PACIFIC RAILROADS MERGER. Motion -- Knight moved that legal counsel be authorized to file an appeal of the order and decision of the Surface Transportation Board, served August 12, 1996, regarding the merger of the Union Pacific Railroad and the Southern Pacific Railroad. The appeal will be filed in the U.S. Court of Appeals for the District of Columbia to preserve the rights of the City in the merger process. In addition, legal counsel be further authorized to file with the Surface Transportation Board a petition for clarification and reconsideration of several technical and procedural issues contained in the Order and decision of August 12, 1996. Motion -- carried carried 6 to 0. (Rogers absent) ADJOURNMENT The City Council meeting adjourned at 12:47 p.m. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 161 AUGUST 20, 1996 Page 5